HISTORY

OF THE

AFFAIRS OF CHURCH AND STATE
IN
SCOTLAND,
FROM THE BEGINNING OF THE REFORMATION
TO THE YEAR 1568.

RIGHT REV. ROBERT KEITH,
PRIMUS OF THE SCOTTISH EPISCOPAL CHURCH.

BIOGRAPHICAL SKETCH, NOTES, AND INDEX,
BY THE EDITOR.
IN THREE VOLUMES.
VOLUME I.
EDINBUKGH:
PRINTED FOR THE SPOTTISWOODE SOCIETY.
M.DCCCXLIV.

ALEX. LAURIE AND CO. PRINTERS TO HER MAJESTY.

ktis

1 LL
V.

HISTORY OF THE AFFAIRS
OF
CHURCH AND STATE IN SCOTLAND,
FROM THE BEGINNING OF THE REFORMATION
IN THE REIGN OF KING JAMES V.

RETREAT OF QUEEN MARY INTO ENGLAND,
ANNO 1568.
TAKEN FROM THE PUBLIC RECORDS AND OTHER AUTHENTIC TOUCHERS.

VOLUME I.

EDINBUEGH:
PRINTED BY THOMAS AND WALTER RUDDIMANS, FOR
GEORGE STEWART AND ALEXANDER SYMMER,
UNDERTAKERS, AND SOLD BY THEM, AND
GAVIN HAMILTON, BOOKSELLERS.
M.DCC.XXXV.

PREFACE.

*HE great merit and value of Bishop
Keith's " History of the Affairs of
Church and State in Scotland" are
so well known, and prominently noticed
in the Biographical Sketch which follows, that any
observations here are unnecessary. The Sub-Com
mittee of the Spottiswoode Society, in selecting
this Work as one of the first Publications for the
Members, were confident that they would secure their
approbation by placing before them a standard narra
tive of the exciting times preceding and during the
Reign of Queen Mary.
As the First Book of Bishop Keith's " History,"
which, with its Appendix of Documents, comprises
this Volume, is chiefly introductory to his Second
and Third Books, many illustrative Notes were neces
sary, in addition to those by the Bishop. The main
design was to make the Work a comprehensive re
pertory of those important events to which our His
torian often merely alludes in his narrative. The
Editor hopes that he has succeeded in his object,
and that a mass of interesting information is here
collected, while he has carefully avoided those details
which more properly belong to Archbishop Spottis-
woode's " History of the Church and State of
Scotland," from A. D. 203 to A. D. 1625. For
all the Notes inclosed by brackets, thus [ ], having
the letter E. annexed, in the " History " and
Appendix, the Editor is responsible.

vi PREFACE.
The Editor has to lament the paucity of materials
in his Sketch of Bishop Keith's life. This is the more
to be regretted, as his family connections, the eminent
position he occupied in the Church, and his talents and
acquirements, brought him into intercourse with many
of the most distinguished men of his time in Scotland,
particularly in Edinburgh. After the Sketch was
printed, the Editor was kindly presented by James
Maidment, Esq. Advocate, with the copy of a letter
to Bishop Keith, the original of which was in the
possession of the late Messrs Constable and Co., the
celebrated Publishers. It is from the Chevalier
Ramsay, author of the " Travels of Cyrus " and
other works, then Preceptor to David Lord Elcho,
and his brother the Hon. James Wemyss, the sons
of David third Earl of Wemyss, and the latter of
whom succeeded his father as fourth Earl in 1720,
his elder brother having died in 1715. The Cheva
lier was subsequently patronized by Archbishop Fene-
lon of Cambray, who procured for him the appoint
ment of Preceptor to the Duke de Chateau-Thierry,
and to the Prince de Turenne, afterwards Marshal
of France. While in this situation he was selected
by the exiled son of James II., to superintend the
education of his sons, Charles Edward, and Henry,
who was subsequently Cardinal York. As the Che
valier Ramsay was born in 1686, and Bishop Keith
in 1681, he was consequently five years younger
than the latter. The Bishop was at the date of the
Chevalier's familiar and gossipping epistle, acting as
Preceptor to his Noble " Chief," the Earl Marischal,!
and his brother the Hon. James Keith. The letter
is dated Isleworth, a village in the parish of its name,
on the Thames, in the county of Middlesex, opposite
Richmond, and he thus addresses his friend : 

PREFACE. Vll
fsleworth, Feb. 25, 1709.
" Dear Bobby — I have nothing to write to thee but only
this, that if we continue to aspire unto our Almighty Origi
nal, we shall still be united, however far separated in this
world. Now I bide by the river Thames, amidst fields and
gardens, where I have nothing to interrupt my conversation
within but an hour or two attendance at night upon two of
the most innocent, sweet, sprightly little boys I ever knew.
All my ambition now is to live forgotten by all, doing them
all the real service [which] lies in my power. I sha'nt
trouble you with scribbling ; we already know one another
well enough. All I shall say is, that should it be my for
tune to be tossed from Greenland to Good Hope, yet after
twenty years absence our souls shall be as much united as
ever, and I shall embrace you at meeting with all the free
dom of a Philadelphian. So live happy, and if we never
meet here, may we meet after this on the road to Elysium.
I am your loving
" Ramsay."
" If after this you chance to see Sandy Strachan, Johnny
Anderson, Davidson, and the lads about Rosshearty, mind
me to them ; but to Mr Moor, your dear friend, in a parti
cular manner. — R."
The above letter was addressed — " Mr Robert
Keith, Governor to the Right Hon. my Lord Keith"
who says — " This last was Mr Alexander Moor, Epis
copal minister at Fraserburgh, the best of men I ever
saw. Johnny Anderson left the legacy in the West
Indies. I had contracted acquaintance with Mr Ram
say at Edinburgh the preceding winter." The two
" most innocent, sweet, sprightly little boys" described
by the Chevalier, were the sons of the Earl of
Wemyss already mentioned.
In the Catalogue of MSS. belonging to the Faculty
of Advocates at Edinburgh is the entry of a dona
tion to the Library by Bishop Keith. It is entitled —
" Register of Assignations 1574," and is described —

PREFACE.

" This Register of Assignations of Ministers' Stipends,
or Book of the Piatt for one year, was presented to
the Library by Bishop Keith in 1746. It is a large
folio of paper, well written, but frequently deformed
by deletions or interlineations, and it is not quite
complete. At the beginning is a list of the ' pryces
of thevictualls' in the respective districts of Scotland."
By the kindness of the Right Rev. Dr Russell,
Bishop of Glasgow, the Editor is enabled to add a
few particulars respecting Bishop Keith's family and
descendants, which the reader is requested to consider
as supplying the deficiency mentioned in the Sketch of
his Life (p. lvii). The Bishop married a lady named
Stewart, by whom he had only one child, a daughter,
named Clementina Stewartina, who married Mr Car-
michael, of Leith. The offspring of this marriage was
also a daughter, who became the first wife of Mr
Douglas, merchant in Leith. Several children were
the issue of this marriage, one of whom, Stewart
Douglas, Esq. also merchant in Leith, was the father
of the Rev. Archibald Douglas, who was curate to
the Venerable Dr Bayley, Archdeacon of Stow in the
Diocese of Lincoln, at the date of that gentleman's
death in August 1844, and who is the great-great-
grandson of Bishop Keith.
Several letters of the Bishop are still preserved,
but they relate to no affairs of the slightest importance.
Bishop Keith's private copy of his " History," with
his own annotations, corrections, and additions, is said
to have been acquired by Sir Walter Scott, Bart., and
to be in the Library of Abbotsford.
J. P. L.
Edinburgh, November 1844.

EDITING COMMITTEE

®fc* gpottigtoxmii* £ocietg

FOR THE YEAR MDCCCXLIV.

Charles Farquhar Shand, Esq. Advocate — Convener.
The Rev. John Boyle, St Mark's, Portobello.
The Rev. Berkeley Addison, St John's, Edinburgh.
William Forbes, Esq. Advocate.
Robert Robertson Glasgow, Esq. Advocate.
William Edmonstone Aytoun, Esq. Advocate.

BIOGRAPHICAL SKETCH

RIGHT REVEREND BISHOP KEITH.

} HE excellent and distinguished author of the
" History of the Affairs of Church and State
in Scotland" was born on the 7th of February
1681 at Uras, or Uris, a small estate in the
parish of Dunnottar, and county of Kincar
dine, near the steep and precipitous cliffs on the coast known
as the FowH-heugh, frequented by myriads of sea-birds. He
was the son of Alexander Keith and Marjory Arbuthnot, a
daughter of Robert Arbuthnot of Little Fiddes, and he
mentions his eldest brother Alexander, who married in 1680,
and three sisters. Bishop Keith also states that he was
named Robert in compliment to the second Viscount Ar
buthnot, who succeeded his father the first Viscount in 1655,
and died in 1682, and whom the Bishop designates " a kind
friend to my father." That Nobleman first married Lady
Elizabeth Keith, second daughter of William seventh Earl
Marischal, which explains the connection between those two
Noble Families. Bishop Keith's father, who died in January
1683, was lineally descended from Alexander the fourth and
youngest son of William the third Earl Marischal, who in
1513 obtained from that nobleman the lands of Pittendrum
in Aberdeenshire on the resignation of his brother Gilbert,
the Earl Marischal's third son, when he succeeded to the
estate of Troup. The Honourable Alexander Keith of Pit
tendrum was succeeded by his son John, who married Bar
bara Keith, his cousin, by whom he had one son named
William, who was the father of Alexander and William
Keith. From the former was descended Bishop Keith's
r b

X biographical sketch of the
father, and the Bishop and his nephews were thus the nearest
lineal representatives of the noble Family of the Earls Maris
chal attainted in 1716 in the person of George tenth Earl,
for his connection with the Enterprize of 1715- The Bishop
seems to have been duly impressed with a love of his family
importance and connections. In his " Vindication" subse
quently noticed, he produced a copy of the marriage-contract
between his grandfather and grandmother; and, after notic
ing that the latter was a daughter of Gavin Douglas of Easter
Barras, he adds — " This Gavin Douglas was a son of that
Laird of Glenbervie who became Earl of Angus about the
year 1588, and by this marriage, Mr Robert Keith and his
nephew have the honour to be related to the Dukes of
Douglas and Hamilton, and to all the branches of these
most honourable families since that marriage." Alluding to
his mother's kindred, he says that by her marriage he and
his nephew are " related to all the Arbuthnots and Burnets
in the shire of Mearns." This pride of ancestry was long
intense in Scotland, and it is not desirable that it should
ever be destroyed.
In the early part of the seventeenth century Keith of
Pittendrum became proprietor of the estate of Over and
Nether Cawton in the parish of Fetteresso, adjoining Dun-
nottar, but the Bishop's father sold it in 1672, and pur
chased the property of Uras already mentioned. The Bishop
thus explains the alienation or change of the family patri
mony : — " This hasty denudation did not proceed from a
squandering temper in my father, but from his having en
listed himself a volunteer in that expedition under King
Charles II., which ended in the unfortunate battle of Worces
ter, whilst a mere strippling only of about eighteen years of
age ; and although he had the good fortune to escape out of
prison by the means and contrivance of two English ladies,
yet the difficulties he was exposed to, and the incumbrances
which naturally came upon his small estate during the long
continuance of the rebellion, stuck severely to him all his
days after, and do stick to his offspring to this day."1
» In the « Ratification" by the Scottish Parliament in 1685 "in favour

RIGHT REVEREND BISHOP KEITH. XI
Bishop Keith's descent from the Marischal Family in
duced him to enter into a controversy, subsequently noticed,
with Alexander Keith, Esquire, of Ravelston, nearEdinburgh,
who purchased in 1766 the castle and lands of Dunnottar from
George the last Earl Marischal, the friend and favourite of
Frederick the Great of Prussia. This dispute was connected
with the pretensions to relationship with the Earls Marischal,
set forth by the Keiths of Ravelston, which can now be proved
to be utterly fallacious. In support of the claim of his
nephews Alexander and Robert Keith of Uras, the sons of his
eldest brother, to the honour of a lineal descent from that
Noble Family in opposition to the assumptions of Keith of
Ravelston, the Bishop prepared a short narrative of the facts,
which he entitled — " Vindication of Mr Robert Keith, and of
his young grand-nephew Alexander Keith, from the unfriendly
representation of Mr Alexander Keith, junior, of Ravels
ton."1 It is now ascertained that the statements of the Bishop
were unanswerable. His brother's sons already mentioned
both died unmarried, the one named Robert in 1780, when
Captain of a company in the third regiment of Foot Guards,
with the rank of Colonel in the Army, having studied the
military profession in Prussia under Field-Marshal Keith
and the Earl Marischal. That nobleman died unmarried
in 1778, and the Bishop's nephew or grand-nephew became
the undoubted lineal representative in the male line of the
Earls Marischal of Scotland.
Having lost his father when only two years of age, Bishop
Keith was removed by his mother to Aberdeen, and received
his education at Marischal College, founded by his collateral
relative George fifth Earl Marischal in 1593. His mother's
income was very limited, but by her industry and exer
tions she was enabled to defray her son's expences at the
of Alexander Irvine of Drum of the lands and barony of Drum," is men
tioned " ane yearly annual rent of ten merks Scots money to be uplifted
forth of the lands of Crawtoun and Uris, lying within the sheriffdom of
Kincardine." Acta Pari. Scot. vol. viii. p. 553.
1 This pamphlet which was printed for private use, and as a mere family
memorial, is inserted at the end of this Biographical Sketch, with a note
kindly communicated to the Editor by John Riddell, Esquire, Advocate,

xii BIOGRAPHICAL SKETCH OE THE
University. He speaks of her prudence and affection in the
most grateful language, and in allusion to her unceasing
assiduity on his account he says—" For these and many
obligations I owe her memory, I do pay her much acknow
ledgment." — " She died," he says, "at Aberdeen on Saturday
the 6th of December 1707, about the 69th year of her age,
after she had the comfort of seeing me preceptor or tutor to
my young chief, the Lord Keith, from the month of July
1703, with whom and his brother I continued full seven
years till July 1710."
The " young chief" here noticed as then Lord Keith, and
his brother, were George tenth Earl Marischal already men
tioned, born in 1693, who succeeded his father the ninth
Earl in 1712, and the celebrated Field-Marshal Keith, born
in 1696, one of Frederick the Great's distinguished heroes.
As respects the latter, however, we are told — " Of his
scanty education under the excellent Bishop Keith the Mar
shal tells us nothing."1 From his intimacy and subsequent
correspondence with the Field- Marshal and the Earl he ap
pears to have been held by those two personages in great
estimation, and they ever treated him as a near relative
of their family. After Bishop Keith retired from the situa
tion of preceptor to his " young chief" and the future
Field-Marshal, he was admitted into deacon's orders by
the Right Reverend George Hallyburton, the deprived Lord
Bishop of Aberdeen, on the 16th of August 1710, and
on the 26th of May 1713 the same venerable Prelate or
dained him a presbyter. This was probably among the last
ecclesiastical acts of Bishop Hallyburton, who died at his
mansion of Denhead near Cupar- Angus in September 1715,
in the seventy-seventh year of his age. Mr Skinner says of
Bishop Hallyburton, that he had become " so weak in his
intellectuals, beyond what his more aged brother of Dunblane
[Bishop Douglas] was, that though he was still able to per
form the office of ordination for such vacancies in his Dio-
. i Preface to « A Fragment of a Memoir of Field-Marshal James Keith,
written by Himself, 1714 to 1734," Edinburgh, 4to, 1844, printed for the
Spalmno Club.

RIGHT REVEREND BISHOP KEITH. Xlll
cese as applied to him, it was not judged convenient, as it
was not necessary, to employ him in any business of impor
tance that required a certain degree of secrecy and caution."1
Soon after his ordination Bishop Keith became domestic
chaplain to Charles twelfth Earl of Erroll and his mother
the Countess, who was Lady Anne Drummond, only daugh
ter of James third Earl of Perth. The Earl of Erroll, who
succeeded his father in 1704, is described when Lord Hay
as " one of the hopefullest young gentlemen in the kingdom,
and an enemy to Presbytery, not twenty-five years old."2
He was a zealous opponent of the Union, voting against it
on every division, and entering a strong protest on the 7th
of January 1707; and in the following year he was con
sidered so disaffected during the alarm of an invasion that,
though he was then in ill health, he was sent a prisoner to
the Castle of Edinburgh. In June 1712 we find Bishop
Keith attending the Earl to the baths of Aix-la-Chapelle,
and in journeying through Holland he became acquainted
at Amsterdam with the celebrated Peter Poiret, famous
for his mystical and speculative writings, who attacked
Des Cartes, Locke, and Spinoza, and published both an
apology for Madame Bourignon, and a complete edition of
her works in twenty-one volumes. Leaving the Earl of
Erroll at Aix-la-Chapelle, Bishop Keith returned to Scot
land through Maestricht, Antwerp, Ghent, Bruges, Ostend,
Neuport, and Dunkirk. At this last place he sailed direct
for England, but the vessel was compelled to put into
Calais. After encountering a severe storm Bishop Keith
landed at Dover on the 1st of November 1712. He remained
there three months, labouring under indisposition occa
sioned by the wet and cold to which he had been exposed
during the storm, and set out for Edinburgh on the 2d of
February 1713.
About this period Bishop Keith left the Noble Family of
Erroll. Probably his services were no longer required, for
though it was very common at that period for the Scottish
1 Skinner's Ecclesiastical History of Scotland, vol. ii, p. 607.
3 Mackay's Memoirs, p. 247.

Xiv BIOGRAPHICAL SKETCH OF THE
Episcopal Nobility and gentry to retain a resident chaplain in
their families, the Earl died unmarried in 1717, and the
title devolved on his sister Lady Mary, who became Countess
of Erroll in her own right. The Bishop was invited to be
come the pastor of one of the numerous small Episcopal
congregations which then existed in Edinburgh. He re
tained this pastoral charge during his life.
Bishop Keith soon established his reputation as an able
scholar, historian, and antiquary, and as such was much
esteemed by the Established Presbyterians, as well as by
the members of the Scottish Episcopal Church. He lived
on terms of intimate friendship with Dr Rose, the deprived
Lord Bishop of Edinburgh, the last survivor of the Bishops
ejected at the Revolution, and thus affectionately mentions
him — " He was a sweet-natured man and of venerable aspect.
I was one of his presbyters in the city of Edinburgh from
Pentecost anno 1713."
The state of the Scottish Episcopal Church at the com
mencement of Bishop Keith's ministry, and indeed during
his life, was very peculiar. Bishop Hallyburton, formerly of
Aberdeen, Bishop Douglas, formerly of Dunblane, and Bishop
Rose of Edinburgh, were the only survivors of the Prelates
ejected at the Revolution. In 1705 they had strengthened
the Episcopate for the preservation of the Succession by the
consecration of Bishops Fullarton and Sage, and in 1709 by
the consecration of Bishops Falconer and Christie, the latter
the friend of Bishop Sage, who unfortunately for the cause
of the suffering Church died at Edinburgh in 1711, la
mented by his friends and feared by his adversaries. In
1707 the Union of the two kingdoms of Scotland and
England was accomplished notwithstanding the tumultuous
opposition of the Scottish people. That Union gave a security
to the new Presbyterian Establishment which it never pre
viously possessed, but it afforded no toleration to the Epis
copal clergy, though the Government offered no molestation.
The very proposal of a legal toleration to the Episcopal clergy
would have excited the fiercest opposition of the Presbyterian
ministers to the Union itself. Their General Assembly had

RIGHT REVEREND BISHOP KEITH. XV
opposed it in a remarkable document, published by De Foe,
which is little creditable to their prudence, sagacity, and dis
cernment, and it would have required no great exercise of
their angry passions to agitate an already irritated and riotous
populace. While the Union was in dependence, an order was
issued by the Government to shut up all the Episcopal churches
in Scotland ; but this was soon revoked, and the clergy were
for a short time unnoticed by their political opponents. Im
mediately after the Union the Liturgy of the Church of
England was adopted as the ritual for Divine Service in the
Scottish Episcopal Church, and the universal use of a Liturgy
since that period has been attended with the most beneficial
results. It is only to be regretted that a Liturgy was not used
by the Church during its establishment from the Restoration
to the Revolution. The introduction of the English Liturgy
into the congregations of the Scottish Episcopal Church ex
cited the alarm of the Established Presbyterians. It was
denounced in their General Assembly, who peremptorily
insisted that the Government should interfere. Many of
the clergy in Edinburgh were prosecuted, and some of them
were imprisoned in the common jail. But the annoyances
and persecutions which the Episcopal clergy and laity suffer
ed from the Government at the instigation of the Presby
terian Establishment became at length so grievous, that
the Government, on the 3d of March 1712, passed the well
known Toleration Act in favour of the Scottish Episcopal
Church, and the Bishops, clergy, and laity, obtained that re
lief from the British Parliament which was refused by the
Scottish Parliament before the Union. Soon after Queen
Anne's accession, the Earl of Strathmore had proposed in
the latter Parliament that a " toleration" should be granted
to all whom he called " Protestants," with the evident design
of obtaining relief to the Episcopal Church of which he was
a member, but the General Assembly remonstrated against
it in such a violent manner that it was deemed prudent to
abandon it for a time. In 1712, however, as already stated,
the Toleration Act was passed in defiance of their clamour,

xvi BIOGRAPHICAL SKETCH OF THE
and though it has been superseded by later enactments, it
was then a great and essential boon to the Church.
These observations are here laid before the reader not
because Bishop Keith was particularly concerned in those
affairs, but to shew the state and condition of the Scottish
Episcopal Church when he became the pastor of one of its
congregations. Although many of the clergy, holding the
political principles they did, could not conscientiously enjoy
the full benefit of the Toleration Act, it protected them all
from State prosecutions. The Government permitted them, as
long as they were peaceable, to hold their own opinions ; the
Liturgy was no longer the object of Presbyterian fulmina-
tion ; and, on the whole, it may be said that the Scottish
Episcopal Church was prosperous during the remainder of
the reign of Queen Anne.
But this peaceful state of affairs was of no long continu
ance. The death of Queen Anne in 1714, the accession of
George I., which was followed by a change of the Ministry,
and a proclamation to enforce the laws against all reputedly
disaffected persons, grievously disappointed the ardent hopes
of the adherents of the Stuart Dynasty, and among them the
great body of the Scottish Episcopalians. It is well known
that the Bishops and Clergy were all in favour of the exiled
Prince designated the Chevalier St George, for attachment to
whose Family and cause the Church had so severely suffered.
The precautionary measures which the new Government con
sidered necessary to be adopted were the causes of very
general disgust, and in 1715 the ill-fated Enterprize under
the Earl of Mar was attempted. Many of the influential
laity were concerned in that Affair, and some of the clergy
openly accompanied the Adventurers in their marches as
chaplains. The suppression of the insurrection was fol
lowed by several forfeitures, attainders, and executions, and
the proceedings of the Government against the Episcopal
clergy were rigorous, though under the circumstances they
can scarcely be called severe. On the 12th of May, King
George addressed a letter, countersigned by Mr Secretary

RIGHT REVEREND BISHOP KEITH. XV11
Stanhope, to the Lords of Justiciary in Scotland, stating that
his Majesty was informed that several " meeting-houses"
were in Edinburgh and other places, in which Divine Service
was performed without praying for him as the reigning Sove
reign and the Royal Family by name. Their Lordships were
enjoined to shut up all such " meeting-houses," as the Epis
copal churches were designated, and to prosecute offenders
in time to come. The Judges, however, reported to Secretary
Stanhope that though they would willingly proceed against
such offenders, they could not close their " meeting-houses" —
such a summary procedure not being legal — " till after trial
and conviction by the due course of law." Nevertheless the
Crown lawyers were enjoined by their Lordships to prepare
indictments against all Episcopal clergymen guilty of this
alleged ofience. The Rev. Daniel Taylor and twenty-four
clergy in Edinburgh, the Rev. Arthur Millar, presbyter in
Leith, the Rev. Robert Colt, and the Rev. James Hunter,
both of Musselburgh, were tried before the High Court of
Justiciary for preaching to Episcopal congregations without
Letters of Orders from a " Protestant" Bishop, according to
the statute of the 10th of Queen Anne, and for not praying
for King George by name. The usual legal defences were pre
pared, which were overruled, and most of the accused, to save
trouble to the Court, confessed both charges. With the
exception of one, who produced Letters of Orders from an
" exauctorated" Scottish Bishop, they were all prohibited
from officiating until they exhibited their Letters of Orders
in terms of Queen Anne's Act, and twenty-five of them were
fined L.20 sterling each, one half to the informer, and the
other half to the poor of the parish ; but as no informer
appeared, Sir David Dalrymple, Bart., then Lord Advocate,
the grandfather of the celebrated Scottish Judge and anti
quarian Lord Hailes, applied to the Court about six months
afterwards for warrant of L.10 against each of them, to be
paid to himself as common informer ! The defenders, how
ever, soon produced Letters of Orders, which were registered
in terms of the Act. " It appears," says Arnot in his re
marks on this trial, " that the shutting up of the meeting-

xviii BIOGRAPHICAL SKETCH OF THE
houses was by no means rigorously enforced, for I find seve
ral of those very clergymen within a few months again con
victed for the same offence. Indeed, the Criminal Records
for some years after this are in a manner engrossed with
prosecutions against Episcopal Nonjurors."1
Bishop Keith left no account of the troubles and molesta
tions he encountered at this period, but it may be safely in
ferred that he would have his due share in common with his
brethren. Another Act was passed by the United Par
liament in April 1719, rendering every Episcopal clergy
man liable to imprisonment for six months, during which
period his " meeting-house" was to be shut, if he per
formed Divine Service without having taken the oaths en
joined by the Toleration Act of Queen Anne ; and every
dwelling in which nine or more persons assembled, exclusive
of the family, for Divine Service, was declared to be a
" meeting-house" within the meaning of the Act. This was
a severe law, and as little doubt can be entertained of the
intention as of the Presbyterian quarter in which it origin
ated. Several prosecutions followed, but the Act does not
appear to have been rigidly observed.
Bishop Rose, the last survivor of the Bishops deprived at
the Revolution, died in the 74th year of his age, on the 20th
of March 1720, at his sister's residence in the Canongate of
Edinburgh, beloved and lamented by all who knew him. He
was interred within the little church of Restalrig,2 about a
mile east of Holyrood Palace. His funeral was attended
by Bishop Keith, then one of his presbyters, and many of
the clergy. It may be here noticed that the cemetery partly
1 Collection of Criminal Trials in Scotland, 4to, p. 343-346.
2 This small and plain edifice, which was founded by James III. for a
Dean and Prebendaries, eight of whom constituted its establishment at
the Reformation, was then roofless. The Presbyterian General Assembly
had ordered it to be dilapidated some years after the Reformation, because
it was, in their opinion, a " monument of idolatry." A different view of the
matter was taken in 1837 by their Presbyterian successors, when the church
was repaired, and opened as a preaching station for the accommodation of
the neighbourhood in that part of the parish of South Leith, of which it
was originally the parish church.

RIGHT REVEREND BISHOP KEITH. XIX
surrounding the church was the selected burying-place of
many members of the Scottish Episcopal Church during the
eighteenth century. The adjoining property and decayed
village were then possessed by the Lords Balmerino,and were
forfeited by the attainder of Arthur sixth Lord, beheaded
on Tower Hill in 1746, for his connection with the Enter
prize of 1745. That Nobleman was one of the sons of John
fourth Lord Balmerino by his second wife, Anne, daughter
of Archbishop Ross of St Andrews, deprived at the Revolu
tion, and who had a family tomb at Restalrig. It may be
noticed that the widow of the last Lord Balmerino, who was
the daughter of Captain Chalmers, continued to reside in the
village till her death in 1765.
Immediately after the interment of Bishop Rose those
ecclesiastical disputes originated which agitated the Scottish
Episcopal Church for some years, causing factious consecra
tions, and for a time in reality a rival Succession. In these dis
cussions Bishop Keith, though still a presbyter, sustained a
prominent part; and, as Bishop Russell observes, he is "found
taking an active share in all the measures that were pro
posed either for restoring purity of worship, or for propping
the pillars of that ecclesiastical system in the divine insti
tution of which he appears to have cordially believed, and for
the maintenance of which he spared no labour and grudged
no sacrifice." In such estimation was our Historian held by
his brethren, that " nothing of consequence indeed appears
to have been done without his advice or concurrence, even
before he was raised to the Episcopate."1
The nature of these discussions will be best understood by
a brief reference to the facts. One related to the proper
mode of administering the ecclesiastical government of the
Church, and the other great sources of discord were what
are known as the " Usages."
During the life of Bishop Rose and his deprived Brethren,
1 Sketch of the Life of Bishop Keith, in his " Historical Catalogue of
the Scottish Bishops down to the year 1688," edited by the Right Rev.
Michael Russell, LL.D. and D.C.L., Bishop of Glasgow. Edinburgh, 8vo.
1824, p. 24, 25.

XX BIOGRAPHICAL SKETCH OF THE
the presbyters elevated to the Episcopate were consecrated
solely for the purpose of preserving the Succession. It was
expressly stipulated at the consecration of Bishops Sage and
Fullarton, that they were to exercise no diocesan juris
diction while the deprived Bishops were alive. This seems
to have been in some degree the procedure of the Bishops
of England, commonly called Nonjurors, who refrained from
nominating those whom they consecrated to any of the regu
lar Sees of which they had been themselves deprived after
the Revolution, and made their own ecclesiastical arrange
ments. The authority of Dr Rose, who, as Bishop of Edin
burgh, was the Vicar-General of the Archbishop of St An
drews during the legal establishment of the Church, was
acknowledged by the clergy in that Diocese after the death
of the Primate Ross in 1704 ; but as the hope of the restora
tion of the Stuart Dynasty was fondly cherished by those
commonly called the Jacobite party, many of whom were
Roman Catholics, and not a few were Presbyterians, the
Bishop of Edinburgh was probably unwilling to interfere in his
peculiar circumstances. The death of Bishop Rose changed
this aspect of affairs. After that event the only persons in
Scotland invested with the Episcopate were Bishops Fullarton,
Falconer, Millar, andlrvine,1 of whom the two latter were con
secrated at Edinburgh on the 22d of October 1718 by Bishop
Rose, assisted by Bishops Fullarton and Falconer. But two
other presbyters had been previously consecrated, one in Scot
land, and the other in England. The former was the Hon. and
Rev. Archibald Campbell,2 who was raised to the Episcopate,
1 The Rev. Arthur Millar, formerly minister of Inveresk, in which
parish is the town of Musselburgh, six miles from Edinburgh, and the
Rev. William Irvine, formerly minister of Kirkmichael in Dumfriesshire.
Bishop Millar is previously noticed as having been prosecuted before the
High Court of Justiciary, with a number of other presbyters in Edinburgh
and the neighbourhood, for refusing to pray for George I. and the reign
ing Family by name. It appears from the indictment that he was then
presbyter at Leith.
» The second son of Lord Neil Campbell by his second wife, Lady Vere
Kerr, third daughter of William third Earl of Lothian, and grandson of
Archibald eighth Earl, created Marquis of Argyll, who was beheaded at
the Cross of Edinburgh for high treason in May 1661.

RIGHT REVEREND BISHOP KEITH. XXI
on the 25th of August 1711, by Bishop Rose of Edinburgh,
Bishop Douglas of Dunblane, and Bishop Falconer, after the
death of Bishop Sage. The latter was the Rev. James Gad-
derar, minister of Kilmaurs in Ayrshire previous to 1688,
who was consecrated at London in 1712 by Bishops Camp
bell, Falconer, and Hickes, the last named better known as
the learned Dean of Worcester. The elevation of Bishop
Gadderar to the Episcopate was done not only with the con
sent but at the express desire of Bishop Rose of Edinburgh;
yet both he and Bishop Campbell resided chiefly in London
till 1724.
The Presbyters of Edinburgh, among whom was our His
torian, met after the funeral of Bishop Rose to deliberate on
the peculiar circumstances of the Church. On this occasion
one of them proposed that they should acknowledge Bishops
Fullarton, Falconer, Millar, and Irvine, as the Episcopal
College to whom canonical obedience was due. In this sug
gestion evident injustice was done to Bishops Campbell and
Gadderar, who, though then resident in London, had an equal
right to be considered members of that College, yet they
were not even mentioned. The project, in reality, was, that
instead of Diocesan jurisdiction, the proper and primitive
mode, the Scottish Episcopal Church should be governed by
a College of Bishops in common, much in the same manner
as the Presbyterians conduct their affairs on a more exten
sive scale in their Presbyteries, Synods, and General Assem
blies. This extraordinary proposal found supporters, and as
all the influence of the Chevalier St George and his agents
in Scotland was soon exerted in its favour, it divided the
Church into two parties, the one zealous for the College
Scheme, and the other as decided in support of Diocesan
Superintendence, headed by Bishops Fullarton, Campbell,
and Gadderar. The two latter were bitterly disliked by the
agents, or " Trustees," of the Chevalier, who soon saw that by
supporting the College Party they could always exercise in
fluence at will over the Bishops and clergy, and could at any
time make the former subservient, by increasing the number
of consecrations indefinitely at the recommendation of the

xxii BIOGRAPHICAL SKETCH OF THE
Chevalier, whose adherents affected still to consider him as
" King." This they actually did, and four presbyters were
invested with the Episcopate under the sanction of the exiled
Prince, whereas Diocesan jurisdiction struck at the root of
such influence ; for, by observing the division of the kingdom
into dioceses, or districts, as in the time of the establishment
of the Church, order would be preserved, unnecessary conse
crations prevented, and proper discipline maintained among
the clergy.1
The other causes of discord, known as the " Usages? were
intimately connected with the College Scheme, or rather may
be said to have engendered all the acrimony which divided
the Scottish Episcopal Church into two hostile parties for
upwards of twelve years. At the death of Bishop Hickes in
December 1715, the controversy arose, or with more pro
priety was revived, chiefly among the English Nonjurors, on
certain " Usages? four in number : — 1. Mixing water with
the wine in the holy Eucharist ; 2. Commemorating the
faithful departed in the Communion Office ; 3. Consecrating
the elements by an express invocation ; 4. Using the obla
tory prayer before administering as in the Scottish Office.
A party of the ejected or Nonjuring clergy in England zea
lously contended for those " Usages'"1 as ancient and scrip
tural, and as having been observed at the commencement of
the " Reformation," and they alleged they were at liberty
to adopt the said " Usages," because they were no longer
connected with the Church as by law established. After
the death of Bishop Hickes, the chief supporters of the
" Usages," were the learned Bishop Collier and Dr Brett ; but
they were ably opposed by Bishop Spincks, formerly one of
the Prebendaries of Salisbury, and others, who contended
for the Communion Office as it is in the Book of Common
Prayer. It was at length agreed on both sides to refer the
controversy solely to the decision of the Scottish Bishops,
as they were in the same ecclesiastical position as their Non-
1 See a full and minute account of these disputes in the Editor's " His
tory of the Scottish Episcopal Church from the Revolution to the Present
Time." Edinburgh, 8vo. 1843, p. 222-262.

RIGHT REVEREND BISHOP KEITH. XX111
juring brethren in England. A clergyman named Peck was
sent by the English Usagers to Scotland in 1718, and he
applied to Bishops Rose and Falconer for a synodal declara
tion, which they refused ; but Dr Rattray of Craighall was
requested by the two Bishops to submit proposals of accom
modation to reconcile their differences — a duty which he dis
charged to the great and recorded satisfaction of the vene
rable Lord Bishop of Edinburgh. It was not, however, till
after the death of Bishop Rose that the controversy about the
" Usages " was agitated in the Scottish Episcopal Church.
Bishop Falconer advocated them, and also Bishops Campbell
and Gadderar, who were the intimate friends of Bishops
Hickes and Collier, and who from conviction declared for
their adoption. Bishops Fullarton and Millar were neutral,
Bishop Irvine, who became acquainted in London with Bishop
Spincks, openly and determinedly opposed them, and he
rashly engaged to induce the Scottish presbyters to resist
them. After he returned to Scotland he was anxious to
secure the opposition of Bishop Rose, but though he failed
in this attempt, his influence and arguments with many of
the presbyters laid the foundation of much of the polemical
acrimony which ensued.
It will thus be seen that two questions agitated the Scot
tish Bishops and Presbyters at that period — the government
of the Church either by Diocesans or by a College of Bishops,
and the observance of the " Usages." Those subjects have
been long set at rest, and it is unnecessary to trace the
controversy farther. As it respects the College Party, who
were the opponents of the " Usages," they were decidedly
under the influence of those laity who were in active cor
respondence with the Chevalier. On his nomination, to
strengthen themselves against the Diocesan Party, at the
head of whom were Bishops Campbell and Gadderar, Bishops
Fullarton, Millar, and Irvine, consecrated the Rev. Andrew
Cant and the Rev. David Freebairn in 1722, and the Rev.
Alexander Duncan and the Rev. Robert Norrie in 1724.
During the agitation of those now obsolete controversies,
the Rev. Dr Thomas Rattray, the proprietor of the fine

Xxiv BIOGRAPHICAL SKETCH OF THE
estate of Craighall in Perthshire, the representative of an
ancient family, and the intimate friend of Bishop Gadderar,
was consecrated at Edinburgh on the 4th of June 17-^7 by
that Prelate, assisted by Bishops Millar and Cant. Dr
Rattray had been elected by the presbyters in the ancient
Diocese of Dunkeld, who since the death of Bishop Falconer
had been deprived of Episcopal superintendence. The Dio
cesan Bishops resolved to adhere to the practice of the Pri
mitive Church, and, regardless of the influence of the Chevalier
and his " Trustees," increased their number to preserve the
Succession, in opposition to the College Party. Bishop Keith
was consecrated at Edinburgh as coadjutor to the then aged
Bishop Millar, along with Bishop Dunbar for Moray, on the
18th of the same month, by Bishops Millar, Rattray, and
Gadderar, the determined opponents of the College Party.
This consecration was caused by the death of Bishop Fullar
ton in the beginning of May. Lockhart of Carnwath, one of
the Chevalier's active adherents and " Trustees," notices this
elevation to the Episcopate with bitter hostility. — " The fac
tious Bishops — (this may appear an harsh epithet,but when I
reflect how little respect they shewed to the King [the Cheva
lier], and their contempt of the authority of the College of
Bishops, I do not know one more proper wherewithal to
distinguish them from the other Prelates who were hence
forth called the College Bishops) — these Bishops, I say, to
strengthen their party, proceeded to consecrate one Mr
Dunbar, a disciple of Gadderar in the North, and Mr Keith,
a Presbyter of Edinburgh ; but whether these promotions
were one or both at or about this time, or not for some
time afterwards when Millar died, I do not exactly know,
I being then abroad j1 and the chronology of this circum
stance is of no moment, seeing, be it sooner or later, they
did not think themselves bound to ask after the King's ap
probation. The independence of the Church was now in all
1 Bishops Dunbar and Keith were consecrated at Edinburgh on the same
day. The former had been minister of Cruden before the Revolution, and
suffered severely by that event. He was elected by the Presbyters of the
Diocese of Moray to be their Bishop.

RIGHT REVEREND BISHOP KEITH. XXV
their mouths, and indeed they shewed no regard for any
powers civil or ecclesiastic, but in so far as they were on
their side of the question. This was highly displeasing to a
great many, nay, the far greater part of the laity, many of
whom told plainly that as they had ventured their lives for
the King, they could not countenance a set of men who ad
vanced maxims and pursued measures tending directly to
lop off several branches of the royal prerogative ; and so
offended were the managers of the most considerable meet
ing-house in Edinburgh, that they dismissed Bishop Cant
and Mr Patrick Middleton from being pastors thereof. The
first deserved some pity, in regard he was a person highly
valuable on account of his integrity, learning, and zeal, and
that the part he acted was only to be ascribed to the decay
of his judgment, and being easily imposed upon in his ad
vanced age ; but as the other was a factious arrogant crea
ture, and guilty of many irregular indecent actions, he richly
merited the disgrace he met with. The College of Bishops
judged it now proper to proceed to the consecration of
Gillan, and it were much to be wished they had stopped
there, and not at the same time promoted another Presbyter
of Edinburgh, Mr Ranken ; for as one of their objections
against Rattray and others was that it was done without
the King's knowledge, it was a firm foundation to stand
on ; but this step of theirs did take it quite off, though for
their own justification they offered that it was done by the
particular express direction of Mr Graham and Mr Hay,
two of the King's Trustees, who, believing it for the service
of the Church, advised the measure, and the opposite set
alleged the authority and approbation of Lord Panmure,
another of the Trustees, and that the service of the Church
required also what they had done, which, like many texts
in the Scripture, is often produced to justify contradictions
and serve bye views."1
1 Lockhart Papers, containing Memoirs and Commentaries upon the
Affairs of Scotland from 1702 to 1715, by George Lockhart, Esq. of Carn-
wath, his Secret Correspondence with the Son of King James II. from
1718 to 1728, &c, published from Original Manuscripts in the possession
C

XXVI BIOGRAPHICAL SKETCH OF THE
The " Trustees" here mentioned were a number of Jaco
bite Noblemen and gentlemen who superintended the affairs
of the " King," as they called the Chevalier in Scotland, and
regularly corresponded with the exiled son of James 11.
The statements of Lockhart of Carnwath, however, must be
received with caution, particularly such accusations as those
against the Rev. Patrick Middleton, one of the Presbyters
of Edinburgh, who, instead of being " guilty of many irregu
lar indecent actions," was in reality a most excellent, pious,
and worthy man. The great offence he committed was his
resistance to the servile notions of the more violent of the
Jacobite party, who were completely warped by the prin
ciples of passive obedience. The Chevalier was duly informed
of all the proceedings of the Scottish Bishops and clergy by
his " Trustees? and his concurrence or recommendation to
the Episcopate was long considered necessary. His policy
in attempting to preserve his controul over the Scottish
Episcopal Church was obvious, for by maintaining this con
nection he could always command the influence of a numer
ous body of clergy whom persecution had attached more
strongly to his interest, and who, like the English Nonjurors
and the Roman Catholic Jacobites, seriously indulged the
vain though not then improbable hope of the restoration of
the exiled Dynasty. When we consider the times and the
peculiar circumstances of the Church, it is not easy to under
stand what could be the objects of those Presbyters who
longed so earnestly for the Episcopate ; and nothing short
of a positive belief that the Stuart Family would recover
the Throne could have induced them to solicit the unfortu
nate Chevalier for the only influence he had in his power
to exercise. His zealous partizans of the College Party were
opposed to Diocesan government from political motives.
They wanted the Chevalier to nominate the Bishops as if he
had been the reigning Sovereign, instead of the clergy of each
Diocese electing their own Bishops and intimating their
choice to the Primus. The additional clamour against the
of Anthony Aufrere, Esq. of Hiveton, Norfolk. London, 4to. 1817, vol. ii.
p. 333, 334.

RIGHT REVEREND BISHOP KEITH. XXV11
" Usages" that they were "Popish? was altogether unfounded,
and the " Trustees" never intended it to be serious. That
dispute, however, had been adjusted ; but Bishop Gadderar
of Aberdeen still asserted the privilege, in the peculiar cir
cumstances of the Church, of the Presbyters to elect their
own Bishops, without any dependence either on the Cheva
lier, though he was called the " King? or on a College of
Bishops. The latter, he zealously argued, was altogether
a novelty, unknown, and never practised, in any period of
the history of the Catholic Church ; and as to the Chevalier,
though his rights were undoubted, it was plain that he could
not exercise any acts of regal power, because he was not the
sovereign de facto, and the Church had ceased to be the
National Establishment. If the exiled Family were restored,
and the Church established by law as before the Revolution,
it was clear that the sovereign should exercise his preroga
tive ; but even then he could only issue his conge tPelire when
a Diocese became vacant, and he could not multiply the con
secrations as he pleased, which was evidently the principle on
which the College was designed to be constituted.
The consecration of Mr Gillan by the College Bishops
excited much opposition, as he was known to be devoted to
that interest. He had been nominated the successor of
Bishop Fullarton as Primus by the Chevalier, and twenty of
the Presbyters of Edinburgh signed a remonstrance against
him ; but Lockhart of Carnwath states that " some of them
afterwards deleted their names, or signed a recantation."
Among those connected with this document was Bishop Keith,
" The signers of this paper," says our cavalier politician,
" were the set I formerly described. To these were added
a parcel of hot-headed young men, and a few of some cha
racter, particularly Mr Robert Keith, who secretly grudged
that Gillan, though a person of good age, that is above sixty,
yet but lately admitted into holy orders, should step over
them his seniors. — Whilst this affair was thus tossed about,
I had a conference with Mr Keith, one that had the best
character of any that concurred in these measures, and, hav
ing been once well acquainted with him, I took the liberty

XXvili BIOGRAPHICAL SKETCH OF THE
to tell him I was much surprised to find his name at a paper
so seditious, false, and unmannerly ; — that it contained what
was plain treason, in the sense of the laws in force before
the abolishing of Episcopacy, and he must either abandon
his pretended principles or stand guilty of treason in foro
conscientice ; — that the starting such questions and disputes
was very unseasonable, as it could not fail to divide the
party, and at the same time give the King and all mankind
a strange impression of an order of men who pretended to
suffer for their loyalty, and yet acted a part so diametrically
opposite thereto, and withal so ungenerous, as was the pro
secuting at this juncture measures that none would dare
own, were the King on the throne ; — that they injured the
King much in saying he had broke his promise, or that Gil
lan was only recommended by me, for that Gillan was recom
mended by so many, both clergy and laity, as justified my
making the proposal, and his Majesty approving and giving
directions in it ; — and supposing, as they averred, that I
alone had recommended him, if they had no personal objec
tion to him I had the vanity to think I deserved better usage
from the Episcopal clergy, whose interest I had never for
saken. I concluded with earnest entreaty that he [Keith]
would use his interest to preserve peace and unity, and not
fly so unreasonably in the King's face, and I added that
whereas I knew they were jealous of a design to promote
Gillan to the See of Edinburgh, as I knew the King's senti
ments in the disposal of that vacancy when it should hap
pen, I could assure him that his Majesty would by no means
think of advancing him or any man, but with the previous
advice and approbation of the College and the Presbyters of
that Diocese ; and he should have what farther security he
could reasonably demand on that article ; and consequently
it would be altogether owing to themselves if it did not go as
they had a mind. He [Keith] answered, that it was certain
the State had made great encroachments on the Church, and
he would not say but there were some inconveniences in at
tempting to recover them at this juncture ; yet they could
not in conscience sit altogether silent, and he had authority

RIGHT REVEREND BISHOP KEITH. XXIX
to make two propositions for peace sake, either that the
whole affair should be referred to the Lord Dun1 and Mr
James Graham, or that another of unquestionable charac
ter, whom his [Keith's] friends would name, should be con
secrated along with Gillan. I replied with indignation that
the King was not quite reduced so low as to make a refer
ence or composition with a parcel of little factious priests
in the Diocese of Edinburgh, who, as they were serving the
Covenanted cause, should change their black gowns into
brown cloaks, and I did not doubt they would be received into
the godly party, unless ecclesiastic had the same fate with
state traitors, in being despised by those they served."2
Bishop Norrie, of the College Party, died in March 1727,
and Bishop Millar of the Diocesan Party, who was Primus
and Bishop of Edinburgh, in October that year. After the
death of the latter the Presbyters met to elect a successor,
and on this occasion they were joined by those of their
brethren who had refused to co-operate with the majority
who elected Bishop Millar. They had the boldness to bring
with them two of their Bishops, who, contrary to their usual
practice on such occasions, and without considering the dig
nity of their own Order, actually claimed a right to sit and
vote with the Presbyters of Edinburgh. It is not known
whether this was an effort in favour of the College scheme,
or whether they were desirous that one of those Bishops
should be elected; but the Diocesan Party were anxious that
Bishop Keith, who had acted as coadjutor to Bishop Millar,
should be chosen his successor. Both, however, were disap
pointed, for the choice of the Presbyters fell upon the Rev.
Andrew Lumsdaine, formerly minister of Duddingstone near
1 This appears to have been the Hon. Francis Stuart, who succeeded his
brother as sixth Earl of Moray in 1735, and died in 1739. He was one of
those summoned to surrender on suspicion of disaffection during the
Enterprize of 1715. Lockhart simply writes Lord Dun, but his phrase
ology and mode of spelling are peculiar. It is possible, however, that this
Lord Dun may have been David Erskine of Dun, who was a Judge in the
Court of Session by the title of Lord Dun, from 1710 to 1753. He was an
opponent of the Union.
a Lockhart Papers, vol; ii. p. 325-329.

XXX BIOGRAPHICAL SKETCH OF THE
Edinburgh, their Archdeacon under Bishop Fullarton, and
he was consecrated at Edinburgh on the 2d of November by
Bishops Cant, Rattray, and Keith. But the old dissentions
still pervaded the Church. " The Episcopal clergy," writes
Lockhart of Carnwath to the Chevalier, dated 22d January
1728, " are broke and split into parties and discord ; one
set, headed by Lord Panmure and Mr Carnegie, seem to
have renounced all dependence on both civil and ecclesias
tical superiors [the Chevalier and the College of Bishops],
so that to all outward appearance they are in a bad situation,
especially since thereby the unity which has hitherto pre
vailed among both clergy and laity of that Communion, your
friends, is broken and evanished."1
This state of affairs continued till 1731, when the College
Party, and even their Bishops, perceiving that they were
unable to resist the progress of their opponents, announced
their willingness to enter into terms of agreement for the
future peace of the Church. Conferences were held between
Bishop Keith, as representing the Diocesans, and Bishop
Gillan, on behalf of the College adherents, the junior Bishops
of each party. Towards the end of December a document,
known as the " Concordate," was ordered to be prepared, and
it was subscribed by all the Bishops on the 13th of May 1732.
This final arrangement, which is generally understood to
have been effected by the prudence and moderation of Bishop
Keith, completely extinguished the extraordinary project of
governing the Church by a College of Bishops nominated
solely by the Chevalier and his " Trustees," and restored in
ternal quiet among the clergy and laity. The contents of
this important document are given by Mr Skinner, entitled,
" Articles of Agreement among the Bishops of the Church
of Scotland," and indicate the sentiments of the Bishops and
Clergy at the time.—" I. That we shall only make use of
the Scottish2 or English Liturgy in the public Divine Service,
1 Lockhart Papers, vol. ii. p. 392.
a This apparently refers to the Scottish Liturgy of 1637 in Charles I.'s
Reign, but it may also mean the Scottish Communion Office, peculiarly so
called. There never was any other Scottish Liturgy, in the collective or

RIGHT REVEREND BISHOP KEITH. XXX1
nor shall we disturb the peace of the Church by introducing
into the public worship any of the ancient Usages, concern
ing which there has lately been a difference among us, and
that we shall censure any of our clergy who shall act other
wise. II. That hereafter no man shall be consecrated a
Bishop of this Church without the consent and approbation
of the majority of the other Bishops. III. That upon the
demise or removal elsewhere of a Bishop of any district, the
Presbyters shall neither elect, nor entrust to another Bishop,
without a mandate from the Primus, by consent of the other
Bishops. IV. That the Bishops of this Church shall, by a
majority of voices, choose their Primus for convocating and
complete sense, containing the Order for Morning and Evening Prayer, and
all the Offices of the Church, except that of 1 637. It is of importance, how
ever, to know that, though the extensive use of the English Liturgy in the
ordinary Service of the Church in Scotland has been, and still is, attended
with beneficial effects as a bond of unity with the mother Church of Eng
land, that very Liturgy was not without its opponents in Scotland. They
objected to it, not as a Liturgy, but because they considered some of the
Offices enjoined in it defective. The following extract from a letter
written by Bishop Gadderar of Aberdeen, dated Arbuthnott, April 20,
1723, to the " Right Reverend John [Fullarton], Bishop of Edinburgh,
Primus, and to the Right Reverend Bishops Arthur Millar, William
Irvine, Andrew Cant, and David Freebairn," explains the above state
ment. It is a letter of remonstrance to the Bishops on sundry important
points, and is a very lengthy document. " What you say of an Established
Liturgy," says Bishop Gadderar to his Right Reverend Brethren, " wants
to be explained. I am sure that cannot be the present English Litwrgy,
which never has been, nor ever will be received, as it is, by a lawful Convo
cation of this Church ; neither do I believe it would be approved by the
Convocation even of that Church [of England], without considerable ad
ditions and alterations, were the clergy there [in England] at as much
liberty as we are. Our own has a good deal of authority — that of the
then Bishops who composed it, and of the Royal Martyr [Charles I.] ;
but it wanted that of a Convocation, and of an Act of Parliament, which
made it miscarry then." Bishop Gadderar evidently wished that instead
of the English Liturgy, the Scottish Liturgy of 1637, which is the Liturgy
of Charles I., arranged by sundry Scottish Bishops, and ignorantly de
signated Archbishop Laud's Liturgy, should have been introduced and
publicly recognized. The writer of this Sketch is indebted to James
Steuart,Esq. W.S. Edinburgh, a descendant of the celebrated Ruddiman
who printed Bishop Keith's " History of the Affairs of Church and State
in Scotland," for a perusal of Bishop Gadderar's letter, which is an origi
nal in excellent preservation.

XXXii BIOGRAPHICAL SKETCH OF THE
presiding only, and that no Bishop shall claim jurisdiction
without the bounds of his own district. V. We, the Bishops
of the Church of Scotland, have chosen and appointed Bishop
Freebairn to be our Primus, for convocating and presiding
only, according to the foregoing Article." The sixth Article
refers to the ecclesiastical arrangements. The Diocese of
Edinburgh was allotted to Bishop Lumsdaine, and Caithness,
Orkney, and The Isles, were placed under the superintendence
of Bishop Keith ; but though the boundaries of the ancient
Dioceses as recognized before the Reformation and Revolu
tion were for the most part preserved, it was modestly
added — " By the foresaid division of districts we do not pre
tend to claim any legal right to Dioceses? This document
was signed by Bishops Freebairn, Ochterlonie, Rattray,
Gillan, and Keith, and subsequently by all the others.
Such was the " Concordate" of the Scottish Bishops which
adjusted the controversy, and " from this time," observes
Mr Skinner, " the College system fell to pieces every day,
and the Primitive Diocesan Episcopacy revived, though not
to the former extent, yet as far as the circumstances of the
Church required or allowed." The whole proceedings were
most satisfactory even to those who made the greatest sacri
fices of their opinions and inclinations. Bishop Rattray, in a
letter to Bishop Keith, quotes the language of Bishop Gillan,
who trusted that " it would not, through God's grace, be in
the power of men or of devils to disturb that happy union
with which He has been pleased to bless us.1" The contest,
during its continuance, excited considerable interest among
the opponents of the Church ; but it is a singular coincidence
that the Presbyterian Establishment began to be agitated
by its own peculiar schisms, discords, and dissensions, at
the very time when the controversy — for the dispute was
never of a more serious aspect — was concluded by the " Con-
cordate." The seeds of dissent from the Established Presby
terian system were sown throughout Scotland, and soon grew
up in rank luxuriance, the chief alleged grievance being
1 Bishop Russell's edition of Keith's Catalogue of the Scottish Bishops,
p. 29.

RIGHT REVEREND BISHOP KEITH. XXX111
the exercise of lay patronage in presentations to parishes,
which, it was contended, interfered with the asserted right
of the people to elect their own ministers. In 1733 ori
ginated the Dissenting body known as the Secession, who
were followed by another party who called themselves the
Belief Synod. Other departures from the pale of the Esta
blished Presbyterianism ensued, all of which may now be
regarded as so many harbingers of the grand " Disruption"
attempted in 1843 ; and the consequence is that Scotland,
considering its extent and population, abounds more with
sects and parties of all kinds than any country in Europe.
Bishop Keith, at his consecration in 1727, was entrusted
with the superintendence of the clergy in the ancient Dioceses
of Caithness, Orkney, and The Isles, which then contained a
numberof Presbyters and small scattered congregations. We
have seen that this arrangement was confirmed by the "Con-
cordate" of 1732; but as he continued to reside in Edinburgh
as the pastor of a congregation, little is known as to the
manner in which he discharged the duties of the Episcopate
in those distant and secluded districts, at a period when the
roads were wretched, travelling accommodation difficult to
be obtained, and local intercourse extremely limited. " There
are extant, no doubt," according to Bishop Russell, " several
records which shew that he was from time to time employed
in providing his remote Diocese with competent clergymen,
as well as with other means of Christian knowledge and Divine
grace ; but there remains, notwithstanding, no small degree
of obscurity both in regard to the precise manner in which
he executed his Episcopal functions, and also as to the extent
of the period during which he continued Bishop of Caith
ness and The Isles." As respects the Diocese of Orkney,
which includes the Shetland Isles, the Episcopal clergy were
very few in number. The Rev. Mr Hunter, whose daughter
married the Rev. John Skinner of Longside, the distinguished
poet and theologian, was the last Episcopal clergyman who
discharged the pastoral functions in the Shetland Isles, and
he was under the superintendence of Bishop Keith.
At the signing of the Concordate in 1732 nine Diocesan

XXxiv BIOGRAPHICAL SKETCH OF THE
Bishops formed the Scottish Episcopal Synod, of whomBishop
Freebairn was Primus inter Pares, or Presiding Bishop. At
the death of Bishop Lumsdaine of Edinburgh inl733, Bishop
Freebairn was elected by the Presbyters of that Diocese as
their Ordinary. Bishops Duncan and Rose also died in 1733 ;
but the greatest loss which the Church sustained was the
death of the respected Bishop Gadderar of Aberdeen in Fe
bruary of that year. Bishop Dunbar, to whom hadbeen assign
ed the ancient Dioceses of Moray andRoss, was chosen the suc
cessor of Bishop Gadderar, by the Presbyters of Aberdeen in
June following. He accepted their nomination, and the Pres
byters of Moray elected the Rev. George Hay to be their Or
dinary, but he died before his consecration, and the district
continued vacant till 1741. In 1733 Bishop Keith was elect
ed Diocesan of Fife, all of which county lies within the Arch
bishopric of St Andrews ; but as the Scottish Bishops did
not consider it expedient to retain the ancient title of the
Primacy after the Revolution, it has since merged into the
common designation of the Diocese of Fife. Bishop Keith,
nevertheless, still performed Episcopal offices for the Diocese
of Caithness, Orkney, and The Isles. An original letter
exists from some gentlemen in the remote seaport town
of Stornoway, in the Lewis division of the Hebridean Long
Island, dated July 22, 1738, addressed to Bishop Keith,
thanking him " most kindly for his care of them in sending
among them the Rev. Mr John Williamson of Skye." Two
original deeds also certify the ordination of Mr James Win
chester as Deacon and Presbyter, which was performed
by Bishop Keith for Orkney, in 1749 and 1751 — " jussta
morem Ecclesice Scoticanw." Another original letter from
Mr James Taylor at Thurso to Mr Robert Forbes [of
Leith], afterwards Bishop Forbes, dated the 12th of July
1757, expresses surprise that " any could call in question
Bishop Keith being acknowledged Bishop of Caithness and
Orkney."1 It is, however, certain that Bishop Keith was
1 MSS. in the Episcopal Chest at Aberdeen, cited by Bishop Russell in
his edition of Bishop Keith's Catalogue of the Scottish Bishops, p. 29, 30.

RIGHT REVEREND BISHOP KEITH. XXXV
transferred to the Diocesan superintendence of Fife in 1733,
which he retained till he resigned it, on the 23d of August
1743. In 1734, Bishop Keith published at Edinburgh, the first
and only volume which ever appeared of his valuable " His
tory of the Affairs of Church and State in Scotland, from the
beginning of the Reformation in the Reign of King James V.
to the Retreat of Queen Mary into England anno 1568 : taken
from the Public Records and other Authentic Vouchers."
As the merits of the work are noticed elsewhere, a few facts
only connected with it are here stated. It appeared in folio,
and was printed by the celebrated scholars Thomas and Wal
ter Ruddiman, for George Stewart and Alexander Symmer,
who are described as " Undertakers? and " sold by them and
Gavin Hamilton, Bookseller." It was published by sub
scription, and was dedicated to Lady Jane Douglas — the
only daughter of James second Marquis, and sister of Archi
bald third Marquis, created Duke of Douglas in 1703. The
marriage of this lady in 1746, when in the forty-eighth year
of her age, to Colonel afterwards Sir John Stewart, Bart, of
Grandtully, originated the celebrated Douglas Cause. We
have seen that Bishop Keith by his grandmother, who was
a daughter of Gavin Douglas of Easter Barras, claimed re
lationship to " the Dukes of Douglas and Hamilton, and to
all the branches of these most honourable Families." The
" List of Subscribers " is remarkably curious, comprising the
Library of the Faculty of Advocates at Edinburgh, the
Society of Writers there, the Society of Writers at Stir
ling, the Scottish College at Paris, and 350 individuals,
many of whom were persons of the first rank in the kingdom.
The List has been designated a kind of " muster roll" of the
principal Jacobite Nobility and Gentry of Scotland at the
time ; but this, as is subsequently noticed, is incorrect, and an
examination of it proves that many of them were staunch
supporters of the House of Hanover, such as the celebrated
Duncan Forbes of Culloden, afterwards Lord President of the
Court of Session ; Sir William Nairn of Dunsinnan ; Hew
Dalrymple of Drummore, a Judge in the Supreme Court by

XXXvi BIOGRAPHICAL SKETCH OF THE
the title of Lord Drummore; Sir James Dalrymple of Hailes,
Bart.; Erskine of Dun, Sir Gilbert Elliot of Minto, and Sir
Alexander Ogilvie of Forglen— three gentlemen who were
also Judges ; and several of the Nobility who had no con
nection with the Enterprizes of 1715 and 1745. Among
the names occurs that of the famous Rob Roy, who is de
signated " Robert Macgregor alias Rob Roy," and who
figures after his relative Macgregor of Glengyle. It would
be interesting to ascertain what induced Rob Roy to appear
in the character of an encourager of literature ; but it is
not likely that he ever read the work, as he died during
the year after its publication, and his well known avoca
tions had no connection with historical researches. Another
name is that of the " Rev. Mr Robert Blair," who is con
sidered to be the well known author of " The Grave," and
who was the Established Presbyterian minister of the parish
of Athelstaneford in Haddingtonshire.
Bishop Keith's " History of the Affairs of Church and
State in Scotland " was the chief source whence Principal
Robertson derived the first portions of his " History of Scot
land during the Reigns of Mary and James VI.," published
in February 1759, two years after the Bishop's death. The
Bishop's Work is also valuable, for the large collection of
documents it contains, illustrative of his narrative, and is a
lasting memorial of his industry, learning, and acquirements.
" Such a book," says the Nonjuring Bishop Smith, his cor
respondent and antagonist, " will stand the test of ages,
and always be valued, because no fact is related but upon
the best authority." It is a matter of deep regret that
Bishop Keith did not live, or probably was unable by the
infirmities of age, to complete the " History " he projected,
which would have extended to at least another folio volume.
At his death he left a few sheets of his second volume,
but these, with others of his manuscripts, appear to be ir
recoverably lost.
On the 14th of June 1735 we find Bishop Keith assisting,
with Bishops Rattray and Dunbar, at the consecration of
the Rev. Robert White, Presbyter at Cupar- Fife, who had

RIGHT REVEREND BISHOP KEITH. XXXV11
been elected Diocesan of Dunblane on the 18th of March,
after the death of Bishop Gillan, which occurred in January.
This consecration was held at Carsebank near Forfar, in
direct opposition to the wish of Bishop Freebairn the Primus,
who had issued his mandate for it to be performed in Edin
burgh. Mr Skinner assigns a reason for this disregard to
the order of the Primus. "This gentleman [Bishop Freebairn]
still retained a tincture of the old political leaven [allowing
the Chevalier to nominate the Bishops], and attachment to
established forms ; and having by means of his son, who
was in great favour abroad [with the Chevalier], got hold
of some papers he was fond of, he called a meeting of the
Bishops in 1734 ; but they, suspecting the design, and not
choosing to be longer entangled with any thing of that
nature, declined the meeting, and would not so much as
look at his papers." Shortly afterwards Bishop Gillan died,
and Mr White was duly elected his successor by the Pres
byters. Bishops Rattray, Dunbar, and Keith, requested
Bishop Freebairn to appoint the day for the consecration of
Mr White ; but his conduct dissatisfied them, and they pro
ceeded with the solemn office at Carsebank. " This" says
Mr Skinner, " produced a warm remonstrance from Bishop
Freebairn, which was properly answered from the other side,
and some other little differences ensued at the instigation of
Bishop Ochterlonie, who sought still to keep up division, but
they were not of long duration, for Freebairn died in 1739,
and Ochterlonie in 1742." After the death of the former,
no Bishop of Edinburgh was elected till 1776, and the
reasons assigned for this long vacancy are as contradictory
as they are doubtful, for, from the signing of the Con cordate
in 1732 to the suppression of the Enterprize of 1745-6, the
Scottish Episcopal Church enjoyed internal peace and con
siderable temporal prosperity. " During that period," says
Bishop Russell, " her clergy were numerous, and many of
them learned, whilst her chapels were frequented by all
orders of the people from the highest peer to the lowest
peasant, even judges and magistrates joining in her worship.
Although the King was not prayed for by name, and al-

XXXviii BIOGRAPHICAL SKETCH OF THE
though by far the greater number of the clergy were at
tached to the exiled Prince, political opinions respecting
the rights of the Sovereign were at no period, at least after
the extinction of the College Party, made terms of com
munion."1 The old doctrine of indefeasible hereditary right
was disclaimed by some of the clergy, but the Oath of Abjur
ation was the great obstacle ; and without taking it and the
Oath of Allegiance, the mention of the reigning Sovereign
by name in the Liturgy would have been of no advantage.
Several magistrates were fully aware of this, but seldom
enforced the penal section of the Act of Queen Anne.
On the 4th of October 1742, we find Bishops Rattray,
Keith, and White, consecrating the Rev. James Rait, Pres
byter in Dundee, as successor to Bishop Ochterlonie in the
Diocese of Brechin, vacant by his death. Bishop Rattray
of Craighall, who had succeeded Bishop Freebairn as Primus
in 1739, died in 1743. His successor as Primus of the
Cfiurch was Bishop Keith, who at the same time resigned
the Diocesan superintendence of Fife, which was transferred
to Bishop White. The Rev. John Alexander, Presbyter at
Alloa, was elected by the Presbyters of Dunkeld in the room
of Bishop Rattray, and he was consecrated at Edinburgh on
the 9th of August 1743 by Bishops Keith, Falconer, White,
and Rait.
After the consecration of Bishop Alexander, the assembled
Bishops met, and on the motion of Bishop Dunbar they con
stituted themselves an Episcopal Synod, Bishop Keith pre
siding as Primus, and Bishop Alexander acting as clerk.
Certain Canons, prepared by Bishop Rattray as suitable to
the peculiar circumstances of the Church, were taken into
consideration, and ratified, with the addition of six others,
amounting in all to sixteen. These Canons embodied all
the articles of the Concordate, regulating the election and
official duties of the Primus, and the mode of electing Bishops
to vacant Dioceses by the Presbyters. The fourth Canon
declares, that upon the demise or translation of any Bishop,
the Presbyters of the vacant district should neither elect, nor
1 Scottish Episcopal Magazine, 1821, vol. ii. p. 207.

RIGHT REVEREND BISHOP KEITH. XXX1X
entrust themselves to another Bishop, without a mandate
from the Primus and the majority of the Bishops ; but if
the Primus refused to grant such a mandate, the latter could
issue it without his assent. The fifth Canon required the
person elected to be sanctioned by a majority of the Bishops,
who were entitled to reject him on sufficient grounds, which
obliged the Presbyters to proceed to another election.
When all the Canons were promulgated by Bishop Keith
and the other members of the Episcopal Synod to the clergy,
some of the latter in Edinburgh, who cherished the intention
of electing one of their own number to be their Diocesan,
who, they were well aware, would not be acceptable to
the Bishops, objected to the Canon which regulated the
mode of choosing the Bishops as infringing upon the rights
of the Presbyters. They also complained that some of the
other Canons curtailed the powers of their Ordinary as
Bishop of Edinburgh. A series of remonstrances from those
Presbyters ensued, which were connected with a project for
bringing Bishop George Smith, one of the English Nonjurors,
into Scotland, in opposition to the warnings of the Scottish
Bishops.1 On the 24th of May 1744, Bishop Keith ad
dressed a long letter of remonstrance to Bishop Smith, the
purport of which will be understood by the following passage :
— " I am sorry to find you forming a resolution to set for
ward an illicit consecration in this country, and thereby to
raise a most horrid schism in this free and independent
Church, for no cause whatsoever that any indifferent per
sons even in your own country will be able, I dare presume,
to discern. I can assure you there is neither any alteration
intended here in the public worship, nor is there any com
plaint in all this kingdom upon that score, except perhaps
by the seditious of Edinburgh, who under that sculk, are
fond to palliate their old rancour, envy, and hatred of us
Bishops." Bishop Keith refers in the conclusion of his letter
1 Those remonstrances were first printed in " The History of the Scottish
Episcopal Church from the Revolution to the Present Time," Edinburgh,
1843, p. 269-286, by the writer of this Sketch. They are derived from a,
MS. volume, entitled " Disputes of the Episcopalians," preserved in the
Library of the Faculty of Advocates at Edinburgh.

xl BIOGRAPHICAL SKETCH OF THE
to his declaration of the 7th of April, a letter from Bishop
Dunbar to him dated 28th of April, and a letter from Bishop
Alexander to him dated 14th May. Bishop Smith's conduct
elicited a strong declaration dated July 12, 1744, which was
signed by Bishop Keith as Primus and the other Bishops ;
and his unwarrantable interference in the internal affairs of
the Church in Scotland induced Bishop Alexander and eleven
Presbyters to issue a severe document condemning all his
proceedings, dated at Alloa on the 22d of October. The
Presbyters of Edinburgh sent a " Third Address to the
Bishops of Scotland" on the 22d of December. On the 17th
of August the Rev. James Mackenzie, who, as " Preses " of
the Presbyters, had transmitted to Bishop Keith ten queries
on the relative connection of Bishops and Presbyters, very
unpolitely thus expressed himself: — " I take the freedom to
send you the enclosed queries, and I hope you will not treat
them as you did my letter about the exemption Canon, by
smuggling anonymous remarks among your particular ad
mirers, without addressing for me a copy of them, but that you
will vouchsafe to send me a direct, proper, and subscribed an
swer." The reply which Bishop Keith returned to Mr Mac
kenzie's queries and his angry epistle is not preserved, but
the " Third Address" of the Presbyters of Edinburgh to the
Bishops elicited a long letter from him to them on the 25th
of January 1745. Some of them replied on the 7th of Feb
ruary in a document of considerable length, which throws
very little light on the dispute, being chiefly an elaborate
defence of Bishop Smith from the charge of " usurpation
and encroachment" in the affairs of the Church. It is ad
dressed to Bishop Keith, and is entitled " Reasons for not
subscribing the condemnation of Bishop Smith of England,
in answer to a paper of said Bishop Keith urging that sub
scription." In this letter they acknowledge the one by the
Bishops dated the 25th, which, they allege, was not, and
could not be, communicated to them till the 28th.
As it respects Bishop Keith's conduct in this dispute, and
his collisions with the Presbyters of Edinburgh, the follow
ing statement is probably an explanation : — " It is a trite

RIGHT REVEREND BISHOP KEITH. xli
observation," says Bishop Russell, " that the man who most
conscientiously does his duty, is not always rewarded with
the first burst of popular applause, and we find accordingly
that Bishop Keith was by no means beloved by the Presby
ters of Edinburgh, among whom he had been so many years
resident. He was seldom asked by any of them to perform
in their congregations the offices peculiar to his Order, and
if we were to judge from a variety of addresses, remonstrances,
and replies, which are still on record, we should say, that his
intercourse with the inferior clergy was almost entirely con
fined to disputes about the limits of episcopal jurisdiction
and the privileges of the priesthood. The Presbyters of
Edinburgh, who, at the period in question, used to elect a
Moderator, and assume considerable powers as a regular
and standing Presbytery, were extremely jealous of any
higher authority in the Church ; while the Bishops, on the
other hand, regulating their proceedings by a regard to
abstract principle and ancient usage, rather than by a due
consideration of the circumstances in which late events had
placed their Communion, and still less by views of expediency,
appear on several occasions to have aimed at the possession
of a degree of power which would have inevitably sunk the
second order of ministers into absolute insignificance. The
enactment of Canons in 1743, as laws regulating the prac
tice and defining the obedience of the whole Church, without
desiring the advice or concurrence of any of the Presbyters,
was a stretch of prerogative which could not prove agreeable
to the latter description of clergy; and although the Bishops
might have no difficulty in proving that they had not on this
occasion exceeded the limits of the authority inherent in their
order, and which had been frequently exercised by the rulers
of the Church in the purest times of Christianity, they would
yet have attained their object more effectually by conceding
a little to the spirit of the age and the wishes of their bre
thren. The share which Bishop Keith had in this rather
unseemly controversy will serve as an excuse for the men
tion which has been made of it in this place. His local
situation as being resident in the metropolis, his official

xlii BIOGRAPHICAL SKETCH OF THE
station as Primus, and, above all, his personal influence as a
man of business as well as of letters, will account for the
prominent part he acted as the representative and advocate
of the Episcopal Synod."
While those discussions were occupying the attention of
Bishop Keith, he was not regardless of his favourite eccle
siastical and historical researches. This appears by the fol
lowing extract from the " Bishops' Record," lately in the pos
session of the RightRev. James Walker, D.D., Bishop of Edin
burgh and Primus, who died in 1842 sincerely regretted by
the Church : — " At Edinburgh, Tuesday, August 23, 1743. —
After the [Diocesan] Synod was constituted by prayer,
Bishop Keith having presented a List of the MSS. relating
to this Church, which were delivered by the late Bishop
Rose of Edinburgh his lady1 to the late Bishop Fullarton
of Edinburgh, for which this last named Bishop gave receipt
to Bishop Rose's lady, dated September 1720 ; therefore,
charge was given to Bishop Keith to inquire after, and, if
possible, to recover the said MSS. out of the hands of the
heirs, &c. of the late Bishop Fullarton, and to report his
diligence to the next Synod."2
1 This must refer to the sister of Bishop Rose, as that venerable Pre
late was never married.
a The List of the MSS. reported by Bishop Keith to this Diocesan
Synod will be interesting to the reader, and it is annoying to state that
most of those valuable MSS. are now probably lost, or are irrecoverable.
Bishop Keith's List was as follows —
"LA Book of the Synods of Edinburgh.
2. Some Transactions of the College of Bishops.
3. Presbytery Book of the Mearns [Kincardineshire].
4. Register Book of the Bishops, Five Volumes.
5. Presbytery Book of Forfar.
6. Presbytery Book of Aberbrothwick.
7. Register of the Provincial Assembly of Fife, Five Volumes.
8. Session-Book of [the Parish of] Innerkip [in Renfrewshire],
Two Volumes.
9. Register of Baptisms at Innerkip, from 1665 to 1680.
10. Provincial Book of Argyll.
11. Presbytery Book of Dunfermline.
12. Provincial Assembly Book of Glasgow and Ayr, Two Volumes.
13. Rental of the Bishopric of Edinburgh."

RIGHT REVEREND BISHOP KEITH. xliii
It is asserted that Bishop Keith published, about 1743
or 1744, some " Select Pieces of Thomas a' Kempis," trans
lated into English. In the Preface to the second volume he
is alleged to have introduced several addresses to the Virgin
Mary, for which he was required to give an explanation by
his brethren. As the present writer has failed to obtain any
information regarding this performance, he cannot offer an
opinion to the reader. It is mentioned in a letter written
by Bishop Rait.1
After the suppression of the Enterprize of 1745, the Scot
tish Episcopal Church encountered a most severe persecution
from the Government. Incarceration for six months was en
acted against those clergy who neglected to register their
Letters of Orders, and refused to pray for King George and
the reigning Family by name, and transportation to the Plan
tations in America for life was to be the punishment for a
repetition of any subsequent " offence " of that nature. It is
to be observed, that the only Letters of Orders, the validity
of which was even admitted to any extent, were those granted
by an English or Irish Bishop. The intention was to de
stroy the Episcopal Succession of the Scottish Church. Pe
cuniary encouragement was given to informers, and a con
gregation was defined to consist of " five persons or more,"
who " shall be met together to hear Divine Service, over and
besides those of the household" or family. Political dis
abilities were inflicted on the laity, of whatever rank and
profession, who resorted to any such Episcopal " meeting
house." It cannot be denied that the object of the Act
of 1746, was to annihilate the Scottish Episcopal Church.
This is indeed almost avowed in the clause affecting the
Peers of Scotland, in which Presbyterianism is designated
the " present happy Establishment ;" and one reason as
signed for involving the Scottish Episcopal Nobility and
gentry in this persecution and proscription, by which they
were denied the exercise of their civil rights, is that " they
should be restrained from hurting that Establishment,
1 See also the Scots Magazine, vol. xix. p. 54.

xliv BIOGRAPHICAL SKETCH OF THE
to which they shew such disaffection:' The sole offence or
crime, as it was considered by the Government, was the
omission of the name of King George II. in the Liturgy by
about two hundred clergymen, who had not the power,
especially after the suppression of Prince Charles Edward's
Enterprize, to injure the Government in the slightest degree,
whatever were their political predilections. But if the great
object of this Act was to annihilate the Church by destroy
ing the Episcopal Succession, its framers were disappointed.
In the beginning of 1746 Bishop Dunbar of Aberdeen died,
and the passing of the Act, and its penal consequences, did
not deter the remaining Bishops from their duty. The
Presbyters of Aberdeen elected the Rev. Andrew Gerard to
be their Diocesan, and he was consecrated on the 17th of
July 1747 by Bishops Falconer, White, Rait, and Alexander.
Bishop Keith, though the Primus, is not mentioned as
present at this consecration, and indeed he never assisted at
any such solemnity after the consecration of Bishop Alexander
in 1743. The peculiar circumstances in which he was placed
after the memorable events of 1745 and 1746, or what pri
vations and annoyances he endured, are not stated ; but he
was then advancing into the vale of years, and probably his
own personal character, in addition to the influence of his
numerous friends of high rank, protected him from much in
convenience. It is previously stated that very few of the sub
scribers to his" History" were connected with the Enterprize of
1715. The more conspicuous of them in his printed List were
the Earl of Carnwath, the Viscount of Kenmure, Cameron of
Lochiell, Macdonell of Glengarry, and a gentleman who is
styled the Master of Nairn. The first was Sir Robert Dalzell
of Glenae, who succeeded as sixth Earl of Carnwath in 1703,
and who was attainted for joining the Enterprize of 1715.
He was condemned to be executed as a traitor, and his estate
was forfeited ; but he was pardoned, and he died at Kirk-
michael in 1737, three years after Bishop Keith published
his History. As the Jacobites did not consider the attain
der legal, they always spoke of him and his son as the Earls
of Carnwath. His nephew, the Viscount of Kenmure, was in

RIGHT REVEREND BISHOP KEITH. xlv
a similar position. He was the eldest son of William sixth
Viscount of Kenmure by the only sister of the Earl of Carn
wath. The Viscount was attainted, forfeited, and beheaded
on Tower Hill, in February 1716, for the Enterprize of 1715.
The Master of Nairn appears to have been the eldest son of
the Hon. John Nairn, the eldest son of Lord William Mur
ray, fourth son of John first Marquis of Atholl, who suc
ceeded the first Lord in 1683. Both father and son were
taken prisoners at Preston in November 1715, were attainted
and forfeited in 1716, and the former sentenced to be be
headed; but he was respited, and afterwards pardoned. The
Earl of Panmure also appears on Bishop Keith's list of sub
scribers. This must have been the Hon. Harry Maule
of Kelly, otherwise Auchterlony, in the parish of Arbir-
lot, near Arbroath. He was the youngest son of George
second Earl, and brother of the third and fourth Earls,
the latter of whom he rescued when taken prisoner at the
battle of Sheriffmuir in 1715. The Hon. Harry Maule,
who died at Edinburgh in 1734, is described as a gentle
man " spending much of his time in the study of the laws,
history, and antiquities of his country." Another name
appears on the list, which is thus printed — " Bight Hon.
the Earl M  If This was George Keith tenth Earl
Marischal, to whom Bishop Keith was preceptor, and who was
attainted and forfeited for engaging in the Enterprize of
1715, though he was always designated the Lord Marischal.
He was the intimate friend of Frederick III. of Prussia.
His brother, the Hon. James Keith, the celebrated Field-
Marshal Keith in the Prussian Service, appears also as a sub
scriber to the Bishop's "History." In the List is the name
of the " Right Hon. the Marquis of Seaforth." The Noble
man so designated was William fifth Earl of Seaforth, who
was attainted and his estates forfeited for the Enterprize of
1715. His father Kenneth, fourth Earl, followed King James
II. to France after the Revolution, accompanied him to
Ireland, was created Marquis of Seaforth, and died in 1710
at Paris. The other Noblemen who patronized the Work
were not implicated in the Affair of 1715. Those were the

xlvi BIOGRAPHICAL SKETCH OF THE
Dukes of Hamilton, Gordon, Queensberry, and Douglas ; the
Marquis of Tweeddale ; the Earls of Aberdeen, Balcarras,
Dundonald, Eglinton, Kintore, Kinnoull, Loudon, Middle-
ton, Strathmore, Stair, Wigton, and Wemyss ; Viscounts
Arbuthnot, Oxenford, Primerose, and Stormonth ; Lords
Aberdour, Belhaven, Balmerino, Bruce, Crichton, Elphine-
stone, Garlies, Linton, Edward Murray, Napier, and Saltoun
— the last the grandson of Archbishop Sharp of St Andrews.
We have also the Duchess of Gordon, the Marchioness of
Douglas, the Countess of Stair, the Dowager Viscountess of
Stormonth, Lady Grizel Cochrane, and a few Jacobite ladies
of inferior rank, with several Baronets, and a number of
country gentlemen ; Bishops Freebairn, Gadderar, and Gil
lan ; some of the Clergy; Advocates, Writers to the Signet,
Physicians, Merchants, and about twenty Booksellers. In
the List is one English Nobleman — the Earl of Oxford.
This was Edward second Earl, who devoted himself much
to literature, and formed the valuable and celebrated Har-
leian Collection, purchased by Parliament from his Countess
in 1754 after his decease, and deposited in the British
Museum. But although Bishop Keith presided at no more consecra
tions after that of Bishop Alexander, the severities inflicted
by the Government on the clergy and laity of the Scottish
Episcopal Church did not prevent him from pursuing his
favourite researches in the ecclesiastical lore of his country.
About 1752, he removed from his residence in the Canon-
gate of Edinburgh to a small villa, his own property, called
Bonnyhaugh, near Bonnington, in the vicinity of Leith.
Bishop Russell observes — " Whether he continued to perform
the duties of his chapel in Edinburgh, and to retain the office
of Primus, I have no means of determining ; for, short as the
interval is since this distinguished person died, a cloud has
already sunk down on many of those smaller events in his
history, the knowledge of which could not fail to throw a
light both on his character and the fortunes of the Church
at a most interesting crisis." He seems to have been fond
of Archaeology, and directed his attention to the study of

RIGHT REVEREND BISHOP KEITH. xlvii
ancient Scottish coins. Two original letters written by him
are still preserved in Marischal College, Aberdeen. The one
is addressed — "To the Right Rev. Mr Andrew Gerard, Aber
deen, and the other to Principal Blackwell of Marischal Col
lege." The letter to Bishop Gerard, is dated Edinburgh, April
7, 1750, and is as follows — "Dear Sir, Two or three weeks ago
I desired our brother Mr Alexander [Bishop Alexander] to
deliver the silver penny I formerly mentioned to a gentleman
of your town into your hands, with orders for you to retain
it in your custody till I should write you, which I hope the
gentleman has honestly done. The penny, you see, is very
fair and entire. The inscription on the King's side — David
Dei Gra. Bex Scotorum ; the legend on the reverse — Dns.
P.tector ms. et Lib.ator ms. ; which, you know, is for Dominus
Protector meus et Liberator meus ; and within the inner circle —
Villa Aberdon. Now, this penny I ask the favour of you to
present from me to the Library of the Marischal College, in
testimony of my having been some time a student there.
And I ask the same favour, Sir, with respect to this old
draught of the two cities, and Ager Aberdonen. The author
of it is well known by his other performances of this kind ;
and as I never chanced to see another copy of this, and it
has evidently been a copy that has been sent from Holland
to receive the corrections of the author, which we discern
upon it, all written with his own hand, he probably has
chanced to die in the meantime, and so the design has not
been followed forth, otherwise, it is impossible but some copies
would appear. But as none that I know of have been seen,
this I hope will render it the more acceptable in the fore-
mentioned repository. With my kind service to yourself
and the gentlemen of Marischal College, I remain, Dear
Sir, your affectionate brother and humble servant — Robert
Keith." This silver penny was coined at Aberdeen in the reign of
David II., the son of Robert Bruce, which extended from
June 1329 to February 1370-1. Two centuries before
David II.'s reign, William I., surnamed the Lion, established
a mint in Aberdeen, near the south end of Castle Street,

xlviii BIOGRAPHICAL SKETCH OF THE
where a street is still called the Exchequer. This and other
buildings erected in William's reign were subsequently de
stroyed or dilapidated by the English ; but David II. re
established the mint in the same part of the town at which
William built his Exchequer. The money coined at Aber
deen in his reign consisted of silver groat pieces, many of
which are preserved, having the inscription, as in Bishop
Keith's letter — DAVID : DEI : GRA : REX : SCOTORUM, with
a rude crown on the head of the King and a sceptre in his
hand. Bishop Keith's letter to Principal Blackwell on the
subject is dated Edinburgh, 28th November 1752, and is as
follows : — " Sir, I received your letter of the 18th, contain
ing thanks from yourself, and the Society you represent, for
the silver coins, &c. deposited in your Marischal College by
me and two of my brethren. As several of these coins are
already become, through length of time, exceeding rare, and
seldom to be seen at all, and the rest will come to be so in
a proportionable run of time, we thought it was doing some
service to our native country to deposit those few in our
Alma Mater, for the satisfaction of curious persons after we
shall be dead and gone, and we are pleased enough that
your Society has put a mark of esteem on them, as to take
all possible precaution to preserving them from being lost or
dissipated. How coarsely soever our Scottish coins appear
to have been wrought, yet I think I can assure you that, by
inspecting those of the neighbouring nations at the different
periods, our own are not much inferior. I return you, Sir,
my personal thanks for your polite letter, and for having
been pleased to impart to me the alteration you have already
made in the fabric of the College, which I remember very
well how it formerly stood ; and the alteration you are in
tending to make in the future education of your students.
I thank you also for a letter you gave me above a year and
a-half ago, to which I was diverted from giving a return at
the time by some incidents ; and beg you will be so good as
to receive this excuse now from, Sir, your most humble and
obliged servant — Robert Keith."
In 1755, when in his seventy-fourth year, Bishop Keith

RIGHT REVEREND BISHOP KEITH. xlix
published his very laborious and valuable Work, which ap
peared in a quarto form, entitled — " A Large New Cata
logue of the Bishops of the several Sees within the Kingdom
of Scotland down to the year 1688, instructed by Proper
and Authentic Vouchers, together with some other Things
necessary to the better knowledge of the Ecclesiastical State
of this Kingdom in Former Times ; as also, A Brief Preface
concerning the first planting of Christianity in Scotland, and
the State of that Church in the Earlier Ages." This ela
borate Work, which must have cost the Bishop many years
of research, was printed by Thomas and Walter Ruddiman,
and is dedicated to his old pupil — " His Excellency James
Francis Edward Keith, second son of the Right Honourable
William Keith, ninth Grand Marischal of Scotland, and
himself Velt-Marechal in the Armies of his Majesty the
King of Prussia, this Historical Catalogue of the Scottish
Bishops down to the Revolution in 1688 (a Work formerly
unattemptecP-), is, with all due respect, humbly inscribed, as a
Testimony of his regard, by Robert Keith." The Bishop
acknowledges his obligations to " papers belonging to the
Family of Panmure," which he received " from a Noble re
presentative of that Family, reckoned to have been the best
antiquary in his time ;" to the " Honourable Walter Mac-
•farlane, Chief of that name, universally acknowledged to be
the first antiquary in this kingdom ;" and to " Mr Walter
Goodall, in the Advocates' Library," who wrote the Preface,
which contains the account of the ancient Culdees. Mr
Macfarlane well deserved the eulogium bestowed on him
by Bishop Keith, and his MS. Collections in the Advo
cates' Library at Edinburgh evince his unwearied zeal and
enthusiasm in Scottish antiquities. Goodall was employed
as Sub- Librarian to the Faculty of Advocates under Thomas
Ruddiman and his successor Hume the Historian, and as
sisted the former in the compilation of the first Catalogue
of the Library, which was published in a folio volume in
1742. Like both his eminent superiors, Goodall was a Tory
and a Jacobite, and was, unlike Hume, a most strenuous
1 These italics are the Bishop's own arrangement.

1 BIOGRAPHICAL SKETCH OF THE
assertor of the innocence of Queen Mary. He was also a
zealous member of the Scottish Episcopal Church. To
Bishop Keith's " Catalogue of the Scottish Bishops" are
affixed an Alphabetical Table of all the parishes in Scotland,
with the County, Diocese, Presbytery, and Commissariot, in
which each is situated; a list of the Popes, from John XVII.
in A. d. 1000, to Urban VIII. in 1623 ; a List of the Sove
reigns of Scotland, from Constantine III. in A. D. 904, to
Queen Mary in 1542 ; a Calendar of Scottish Saints, and the
days on which their Festivals are appointed to be held through
out the year ; and " An Account of all the Religious Houses
that were in Scotland at the time of the Reformation." A
note informs the reader that this part of the volume was " com
piled by the learned and ingenious gentleman, John Spottis-
woode of Spottiswoode, Esquire, the lineal representative of
the Most Reverend Father in God, John Spottiswoode,
Archbishop of St Andrews, and Lord High Chancellor of
Scotland." Bishop Keith's " Catalogue of the Scottish Bishops" is
probably as correct as the author had the opportunity to
make it, considering the authorities to which he had access.
It must have been the labour of years, but it is still very far
from being complete, and some important omissions are
evident. The Catalogue is also liable to the objection that
the Titular or Tulchan Bishops, who figure as connected with
the several Sees from 1571 or 1572 to 1610, are placed in
the order of the Succession as if they had been duly conse
crated Bishops, whereas they were mere laymen. This dis
tinction ought to have been pointed out, and indeed it is very
doubtful whether their names ought to have been inserted at
all. An edition of the "Catalogue" was published in octavo in
1824 by the Right Rev. Michael Russell, LL.D. and D.C.L.,
Bishop of Glasgow, with a Biographical Sketch, This edition
also contains a valuable addition to Goodall's Dissertation on
the first planting of Christianity in Scotland and the History
of the Culdees, in reply to the statements and assumptions
of Dr Jamieson, a Dissenting Presbyterian minister of ce
lebrity in Edinburgh ; and a Continuation of the Catalogue

RIGHT REVEREND BISHOP KEITH. H
of the Bishops to 1824, including of course all the Post-
Revolution Bishops.
Bishop Keith sent copies of his " Catalogue" to Berlin,
with a letter to his illustrious relative Field-Marshal Keith.
This elicited a reply from that distinguished soldier, which
in turn caused an epistle of thanks from the Bishop to his
former pupil. The correspondence is worthy of being trans
ferred to these pages from Bishop Russell's biographical
outline. The letter to the Field-Marshal is dated Bonny-
haugh, near Leith, October 6, 1755 : — " Sir, This comes by
Robert Keith, my grand-nephew, and son to Alexander
Keith of Uras, who was your servant at the time I had the
honour to be preceptor to you and your brother the Earl.1
This lad's elder brother, Alexander, was in Paris last year,
and as he was bred a sailor, the Earl was pleased to take
particular care of him, and to provide for him according to
his education.2 Your Excellency will see how I have been
employed of late from the book herewith sent ; three copies
of which come to your hands, one for the King of Prussia,
a second for the Earl, and a third for yourself, by this same
young man, whom I hereby beg to recommend to your
patronage and friendship ; and as he inclines to the sea, he
may perhaps turn out to be useful to the King of Prussia,
for the boy is abundantly smart, and has a good genius, t He
will likewise put into your Excellency's hands a copy of the
genealogy of his forefathers, to the which I was prompted
by the pretensions of another, as you will see.3 About a
1 The Bishop here means the Earl Marischal, whom he still recognized
as the Earl Marischal, notwithstanding his attainder.
2 The Earl Marischal was appointed by Frederick III. of Prussia his
Ambassador Extraordinary at Paris in 1750. In 1759 he was nominated
Prussian Ambassador at Madrid, where he discovered the secret family
compact by which the different Princes of the House of Bourbon had
bound themselves to assist each other. He communicated this important
fact to the British Government, for which George II. rewarded him by a
pardon in 1759, and he was kindly received by that monarch in London
on the 15th of June 1760. An Act was passed that year, and another in
1761, in his favour.
3 This was the " Vindication of Mr Robert Keith, and of his young
grand-nephew, Alexander Keith, from the unfriendly representation of

Ill BIOGRAPHICAL SKETCH OF THE
year ago, at the particular desire of the Earl, I transmitted
to you by post a [genealogical] tree of the Family, and I
would be glad to know if it came safe to your Excellency's
hands. I heartily wish you all happiness, and most respect
fully am, Sir, your Excellency's most obedient humble ser
vant — Robert Keith."
Field-Marshal Keith replied to this letter on the 13th
of March 1756, dated Potsdam, and addressed to Bishop
Keith, Bonytown,1 near Leith : — " Sir, I am infinitely
obliged to you for the present you have made me of the book,
but much more so for that of your nephew, who is one of
the prettiest liveliest boys I ever saw, and according to all
appearance will very well deserve, and perfectly answer, the
best education I can give him, in which I shall spare nothing
that I think necessary for his future advancement. As I
see that he has no tincture of Latin, I think it now too late
to begin him to it, and therefore shall endeavour to make
up that loss to him by the living languages. French and
German he will learn by custom here, where these two are
equally spoken, and I shall give him a master for Italian.
As to the sciences which are most useful to one designed for
a military life, and that is the only one by which he can
think to succeed here, I have already begun to make2 teach
him Geography and Drawing, in both [of] which he makes
extraordinary progress, and in a short time, I hope, he will
be in a condition to begin a course of Geometry and Fortifi
cation, after which he shall study History, but more par
ticularly modern, from about the time of Charles V. This
is the plan I have laid down to myself for his education, for
the which I have still four years, if I live so long, before his
age permits him to enter the army. As yet I find not any
Mr Alexander Keith, junior, of Ravelston," printed at the end of this
Sketch. 1 Probably meaning Bonnmgton, a suburban hamlet on the banks of the
"Water of Leith, upwards of a mile from Edinburgh, and nearly half a
mile from Leith,
3 " A French manner of expression,'' observes Bishop Russell, p.xxxvi. ;
but perhaps a slip of the pen, or something may be omitted, but the sense
is obvious.

RIGHT REVEREND BISHOP KEITH. liii
fault in his natural disposition. With the greatest vivacity,
he is surprisingly tractable, and I can safely say I never saw
a more promising boy. But, poor child ! I pity him, since
my age, which you know is nearly sixty, can hardly give me
any reasonable hope of seeing him far enough advanced be
fore my death to be able to push his fortune afterwards.
But you may depend on it, that, both on your account and
his own, I shall do all that lies in my power for his advantage.
As the King does not understand English, and has no books
of that language in his private libraries, I have put the one
addressed to him in the public one at Berlin, for which he
thanks you ; and the other, which is designed for my brother,
I shall send to him to Neufchatel by the first sure occasion.1
As I have been always persuaded that you preserve your
ancient friendship for me, I know it will not be disagreeable
to you to know that, after having been troubled for four
years with an asthma, I am now perfectly cured of it by the
waters of Carlsbad, which I drank last summer, and am now
as well as ever I was in my life. I shall always be glad to
hear of the continuance of your health, for, believe me,
nobody is with more friendship and regard, Sir, your most
humble and most obedient servant — James Keith."
This acknowledgment was gratifying to the venerable
Bishop, and shews the esteem in which he was held by his
illustrious relative and pupil the Field-Marshal. On the 30th
of March he answered it in the following letter, which Bishop
Russell printed in his edition of the " Catalogue" for the first
time. — " May it please your Excellency, I am honoured
with your extraordinary favour of the 13th instant, for your
Excellency's letter is a real cordial to me in my old age, and
has cheered my heart not a little, especially as it brings me
the refreshing account of your being so well pleased with
Bob Keith, who is certainly a fine boy, and is happy in a re
markable sweetness of temper. I am much pleased with
the plan of education you have laid down for him, and do
most sincerely return my hearty thanks for the kind reception
1 One of the numerous preferments and honours conferred on the Earl
Marischal was the Government of Neufchatel.

liv BIOGRAPHICAL SKETCH OF THE
your Excellency has honoured him with, and for that re
markable care you are pleased to take of him. I hope you
shall have much satisfaction in him, and that he will answer
all your expectations. In a late trial1 before our Court of
1 " The case of Mr Hugh Macdonald, brother to the Laird of Morrar,
of the Clanranald family, his being banished forth out of Scotland for being
a Popish Bishop." Scots Magazine for 1756, p. 100. The extraordinary
prosecution of this gentleman by the Presbyterian authorities, to which
Bishop Keith alludes— the last, apparently in Scotland, for " being held
and repute to be a Popish Bishop" — is narrated in the Scots Magazine.
Bishop Macdonald was apprehended at Edinburgh on the 19th of July on
a warrant signed by Charles Erskine of Tinwald, Lord Justice-Clerk, and
committed to the Old Tolbooth, which stood in the Lawnmarket ; but he
was admitted to bail on the 1st of August, on finding security for the sum
of L.300 sterling, that he should repair to the town of Dunse near the Eng
lish Border, and oblige himself not to go four miles beyond it, till the 15th
of November, when he was to appear before the High Court of Justiciary.
Bishop Macdonald was tried before that Court on the 5th of January
1756. " The indictment," it is stated in the Scots Magazine, " bears,
That the pannel was held and repute to be a Jesuit, priest, or trafficking
Papist, or had changed his name and surname ; and that these, or part of
them, together with his refusing to purge himself of Popery, by taking the
formula prescribed by and annexed to the Act, 3 Sess. 8. and 9. Pari. 1,
King William [III.], when it should be tendered to him by any of the
Lords of Justiciary, being found proven by the verdict of an assize, he
ought to be banished forth of this realm, with certification that if ever he
return thereto, being still a Papist, he shall be punished with the pain of
death. The pannel, being asked whether he was willing to take the
formula, declared he was not at freedom in conscience to do it. The
Court found the libel relevant to infer the pains of law. It was with
difficulty the witnesses could be made to appear, and some of them were
fined for non-appearance, which protracted the trial. The proof was taken
February 2, and the same day the jury returned the following verdict —
' All with one voice find it proven, that the pannel is held and repute to
be a Popish Bishop, and refused to take the formula annexed to and pre
scribed by the Act of Parliament libelled on, when tendered to him.' Coun
sel were heard on the import of this verdict. It was, we are told, pleaded
for the pannel that no mention is made of Bishops in the Act, and that
penal statutes ought to be strictly interpreted. It was answered, That as
Bishops could create priests, they must be understood to be comprehended
in the Act. Sentence was passed against the pannel, March 1, precisely
in terms of the conclusion of the libel, by which he is ordered to depart
out of Scotland, betwixt and the 1st of May next, and he was dismissed
from the bar, in order to his so departing the kingdom never to return."
Thus was this right reverend gentleman, of an ancient Highland family,
expatriated from his native country by one of those odious and intolerable

RIGHT REVEREND BISHOP KEITH. Iv
Justiciary my book was called for, and plentiful use was
made of it by lawyers on both sides, so that your Excellency's
name has made its appearance at the bar. I am particu
larly honoured by his Majesty of Prussia in condescending
to thank me for a copy of my book, which meets with ap
probation from the public, particularly among the curious,
and the more so as it bears your Excellency's name, with
which some persons are particularly delighted, both in Scot
land and in England. I am just now drinking in a glass of
claret all health and happiness to your Excellency, and all
your connections, whom may God long preserve ! I am
entered upon the seventy-sixth year of my age, and am
obliged to use the hand of another in writing ; but I thank
God I keep health surprisingly well for my age, though I
am much failed in my feet. I am much pleased that your
Excellency is recovered of your asthma, and I hope you shall
count more years than I have done yet. I have the honour
to subscribe myself, Sir, your Excellency's very much obliged
and most humble servant — Robert Keith. P. S. — I am
to send in a present to your Excellency a copy of my History
of the Affairs of Scotland, &c. put up in a box,. and ad
dressed to the care of Mr Stevens, by whom it shall be sent
by some Hamburgh vessel. As Bob Keith is to study history,
it will not be amiss that he should look into my History,
especially as it relates to the troubles and distresses of the
much injured Mary Queen of Scots. Do me the honour to
let me know when the said copy of my History comes to
your Excellency's hand, for I intend to dispatch it by the
first ship that offers. — Adieu."
The Bishop's wish — that the Field- Marshal might " count
more years than he had himself done yet" — was not fulfilled.
He fell at the battle of Hoehkirchen, fought on the night of
the 13th of October 1758, between the Prussians under
Frederick III. and the Austrians under Count Daun. On
the morning of the 14th, the Field- Marshal, after for some
hours keeping the Austrians at bay, and maintaining a
Acts passed in "William III.'s Scottish Presbyterian Parliament after the
Revolution.

lvi BIOGRAPHICAL SKETCH OF THE
desperate conflict with the flower of their army till the
Prussians began to file off in their retreat, was dangerously
wounded ; but he refused to quit the field, and continued to
signalize himself for an hour afterwards, when he received a
second shot in the breast, which killed him. His body was
stripped by the Austrians, and lay exposed till it was recog
nized by his pupil Count Lasci, who readily knew it by the
scar of a wound which the Field-Marshal had received at
Ockzakow. The Count ordered his distinguished master in
war to be buried, but the body was taken up and interred at
Hoehkirchen, in the church of which is a monument, with a
Latin inscription by Metastasio, erected by Sir Robert
Keith Murray. The King of Prussia ordered the Field-
Marshal's remains to be removed to Berlin, and those fune
ral honours were paid which were justly due to his high
rank and distinguished merit, which were universally acknow
ledged. The eulogy to his memory published at Berlin con
cluded by stating — " Thus fell one of the greatest men of
this age, worthy to be compared with those illustrious heroes
who are the boast of Greece and Rome." The Field Mar
shal was never married, and as his brother the Earl Marischal
died also unmarried at Potsdam in May 1778, with them
the direct line of the Earls Marischal of Scotland became
extinct, and the representation of the Noble and Ancient
Family of Keith devolved on the nephew of the Bishop.
But the venerable Bishop was removed from this world
nearly one year and nine months, before the Field-Marshal
fell at the battle of Hoehkirchen. He died at his villa of
Bonnyhaugh, on the 20th of January 1756, between seven
and eight in the morning, within eighteen days of complet
ing the seventy-sixth year of his age.1 It is said that he
1 The Bishop's death is thus noticed in the contemporary Scots Maga
zine : — " At Bonnyhaugh, near Edinburgh, Mr Robert Keith, one of the
Bishops of the Episcopal Church of Scotland. He was born Feb. 7, 1681,
was educated in the Marischal College of Aberdeen, and was preceptor to
the Earl Marischal and his brother James Field-Marshal Keith, now in
the Prussian Service. He was about forty-seven years a clergyman, above
twenty-nine years a Bishop. He published a 'History of the Church and
State of Scotland from the beginning of the Reformation to 1568,' folio,

RIGHT REVEREND BISHOP KEITH. lvii
was confined to his bed only one day before his death, which
was the first time he had been so situated for sixty-four
years, though he had, during the whole of his residence in
Edinburgh and the vicinity, been constantly affected with
nervous headaches. Bishop Keith was married,1 and left one
daughter, whose family settled in Leith, and whose society
he enjoyed during his old age. His declining years were
spent in study and religious meditation, preparing himself
for his dissolution, with Christian composure and resignation.
Bishop Russell observes — " Amidst the scarcity of biogra
phical incident, of which the reader has had cause to com
plain, he may be surprized to meet with the following notice,
which I find regularly recorded in an authentic paper —
' Bishop Keith, a married man, and having children, died
worth only L.450 at the most, and J. M. (his colleague or
assistant), a bachelor, died, proh dolor ! worth about L.3000
sterling, and left not a farthing to the poor suffering clergy.' "
Exclusive of his published Works, Bishop Keith seems to
have projected some otherswhich he never completed. Among
his Manuscripts were found a " Treatise on Mystical Divi
nity," in the form of " Letters to a Lady," and a " Scheme
of Religion derived solely from the Scriptures," intended,
it is supposed, for his own family. " This statement," says
Bishop Russell, " is given on the authority of Bishop Alex
ander, who appears to have consulted Mrs Keith after the
death of her husband, and even to have inspected all the
literary papers committed to her custody. Bishop Alexander
made this inquiry to answer a question put to him by an ' Eng
lish clergyman,' who was desirous to know whether Bishop
Keith ' had left any posthumous Works behind him.' "
Bishop Keith was interred in the parish burying-ground
of the Canongate of Edinburgh, near the wall on the western
in 1734 ; a Catalogue of the Bishops of Scotland down to 1688, 4to. in
1755, and a translation of Thomas a Kempis many years ago." The learned
Thomas Ruddiman, the intimate friend of Bishop Keith, and the printer
of his Works, died at Edinburgh on the 19th of January, the day before the
Bishop's death, in the 83d year of his age. — Scots Magazine, vol. xix. p. 54.
1 The writer has been unable to ascertain the name of the lady whom
Bishop Keith married.

lviii BIOGRAPHICAL SKETCH OF THE
side. The spot where his remains are deposited is indicated
by a plain square monument, about four feet in height, sur
mounted by an urn, a few feet south of the tombstone
erected by the Poet Burns to the memory of his brother
Poet in misfortune — Robert Ferguson. The monument to
Bishop Keith was erected by a distant relative, from pious
respect for a learned and good man. The simple inscrip
tion on it is — " Bishop Keith," and the year of his de
cease — " 1756." An additional inscription records the
death of his relative and her husband. This is — " Stew-
artina Catherina Carmichael, wife of William Douglas, died
20th April 1793 ;" and under this—" William Douglas,
Merchant, Leith, died 11th July 1814." The Bishop's small
property of Bonnyhaugh descended by inheritance to his
daughter and grand-daughter.
The merits of Bishop Keith's " History of the Affairs of
Church and State in Scotland" have been always recog
nized, and the original Work is now extremely scarce. Bishop
Russell appropriately observes — " The author, it is true,
has not escaped the charge of partiality in his views, and of
a certain bias in his reasoning ; but he has always been
allowed the merit of a fair and candid statement of events,
whatever might be their effect on his own conclusions ; and
has never been taxed, even by the most uncharitable adver
saries, with mutilating records, either to screen the reputa
tion of a friend or impeach the motives of an adversary."
All writers on the political and ecclesiastical history of
Scotland during the period which Bishop Keith discusses,
readily acknowledge his Work as the highest authority, and
it is to be regretted that he never completed his second
volume, a few sheets of which he left, as already mentioned,
at his death. Bishop Keith's Work is one of the great
sources from which Dr George Cook derived his " History
of the Reformation in Scotland," published at Edinburgh
in three volumes in 1811 ; to it the Rev. John Skinner was
greatly indebted for materials in his " Ecclesiastical History
of Scotland," published at London in two volumes in 1788 ;
and the obligations of Principal Robertson to the industry

RIGHT REVEREND BISHOP KEITH. IlX
of Bishop Keith are already noticed. The value and im
portance of the Work may be inferred from the testimony
of Mr Tytler, in the Preface to the sixth volume of his
" History of Scotland," elicited by the " Contributions to
Modern History from the British Museum and the State
Paper Office ; Queen Elizabeth and Mary Queen of Scots,
by Frederick Von Raumur," which appeared in 1836.

As Bishop Keith prominently mentions the fate of the
Records of Scotland in his Note to the " Introduction " to
his " History," some particulars respecting those important
documents cannot be considered irrelevant in this Biographi
cal Sketch. Much valuable information on this subject,
illustrative of the Records from the first Parliament of
James I. in 1424 to the Restoration of Charles II., is in
serted in the Prefaces to the " Acts of the Parliaments of
Scotland, printed by command of his Majesty King George
III., in pursuance of an Address of the House of Commons
of Great Britain," under the superintendence of Thomas
Thomson, Esq., Deputy Clerk-Register, in ten volumes
folio. These Acts are taken from Records in the General
Register House at Edinburgh, and from other sources of
inferior though of sufficient and undoubted authenticity.
The original Records of the Parliaments of James I. and
James II. do not now exist, and it is conjectured that they
were lost before the first printed publication of the Statutes
of those Reigns in 1566. " That Collection," says Mr Thom
son, " was made under the direction of certain Royal Com
missioners, who had complete access to the public archives
of the kingdom ; and if the Parliamentary Records of those
reigns then had existed, it must be presumed that the com
pilers would have drawn their materials from that source.
But this part of their work furnishes intrinsic evidence
that the Statutes of King James I. and of King James II.
had been taken not from the original Records, but from

lx BIOGRAPHICAL SKETCH OF THE
imperfect transcripts or compilations, such as are- known to
have been common before the publication of any printed
edition, and some of which are still extant. The more
ancient of these Manuscripts have been examined and col
lated, and by their diversities of reading have afforded the
means of detecting numerous errors in the edition of 1566 ;
while at the same time they have been found to exhibit a
coincidence in the general plan of compilation, as well as in
many minute and accidental circumstances of arrangement
and transcription, which sufficiently exposes the secondary
nature of the sources from which the compilers of that
edition had been forced to derive their materials." To
these remarks it may be added, that the Collection pub
lished in 1566 by command of Queen Mary, contains part
of the Acts of her Reign, and those of her predecessors
from James I. to James V. As it is printed in the Black
or Saxon characters, it obtained the soubriquet of the Black
Acts. The other Collections to which Bishop Keith and
other writers of his time had access for consultation, are — ¦
1. The Public Acts of the five Jameses, of Queen Mary, and
part of those of James VI. published in 1597 by Sir John
Skene, Clerk Register to that Prince. 2. The Public Acts
of the first five Jameses, Queen Mary, James VI., Charles I.,
and part of those of Charles II., by Sir Thomas Murray of
Glendook, Clerk to his Majesty's Council, Register, and
Rolls, by his special warrand. 3. Another edition of Sir
Thomas Murray's Collection, published in 1682 and 1683,
in two small volumes, to which a third was added by the
King's Printers after the Union, containing the Public Acts
between 1681 and 1707.
In the second volume of the " Acts of the Parliaments
of Scotland," printed by command of George III., the only
additions among the Acts of the Parliaments of James I.
are the 6th, 9th, 14th, and 27th Acts of the Parliament,
May 12, 1424 ; the 9th and 10th Acts of the Parliament of
1.429 ; and the 3d Act of the Parliament of 1431. The addi
tions to the Parliaments of James II. are — two Acts of a
General Council in 1438, one taken from an original instru-

RIGHT REVEREND BISHOP KEITH. lxi
ment; and an Act of the Parliament of 1449, respecting the
power of Bishops to bequeath their goods by testament,
taken from the Chartulary of the Priory of St Andrews.
Eight Statutes of former Parliaments are also added, which
are supposed to have been under the consideration of the
Parliament of 1449, and may have been then re-enacted.
The original Parliamentary Records in the second volume
of the Acts printed by command of George III. begin in
the reign of James III. ; and from 1466 downwards Mr
Thomson observes that a " voluminous but not unbroken
series of Books has been preserved." The original Records
of various Parliaments from James III. to Queen Mary are
lost, and the only remains of them are to be found in the
Collection of 1566. The Records of the Parliaments of
James IV. in 1493, 1496, and 1509, do not exist ; but the
defects of those of the reign of James V. are less consider
able. The original Records of the Parliaments of Queen
Mary are described as very deficient, and with the excep
tion of a Parliament held in November 1 558, and another in
April 1567, are entirely lost from June 1548 to the end of
her Reign. The statutes of the intermediate Parliaments
are in the edition of 1566, and are also preserved in a
written copy of nearly the same date.
Various Parliaments were held by the four successive
Regents of Scotland from the accession of James VI. in
1567, to his actual assumption of the Government in 1578,
but no regular and complete record is now preserved. Some
valuable portions and fragments of them have, however, been
found, and the whole are inserted in the third volume of the
" Acts of the Parliaments of Scotland," printed by command
of George III. The original Books of Parliament from 1578
to 1592 are apparently complete and entire, and the pro
ceedings of some of the frequent Conventions of the Estates
of the Kingdom, held during the intervals of successive Par
liaments, are preserved among the Records in the General
Register House at Edinburgh. The proceedings of the Par
liaments held during the latter half of the Reign of James
VI., from 1593 to 1621, are in the same national depository,

lxii BIOGRAPHICAL SKETCH OF THE
and are not materially injured or mutilated, though in seve
ral instances the Record is left imperfect by the omission of
a considerable number of Acts, the titles of which are in the
lists annexed to the earliest publication of the statutes of
these Parliaments. The most remarkable omissions are in
the Parliaments of 1597 and 1612. In many cases the Re
cord is obscure in its meaning by minute errors of trans
cription. A few of the original Warrants, and some of the
proceedings of the General Conventions of the Estates, which
were often held during the latter half of the reign of James
VI., are preserved. These are occasionally in the form of a
separate and peculiar Record, or are in the Registers of the
Privy Council.
The Acts of the two first Parliaments of Charles I., and
the contemporaneous proceedings of several Conventions of
the Estates, are partly in the regular Records framed at the
time, and partly in authenticated originals, or Warrants of
a Record now lost or destroyed. The regular Records are
those of the Parliament of 1628, which was ultimately con
tinued till 1633, and the Acts of the Conventions held in
1625, 1630, 1631, and 1632. The Acts and Proceedings of
the second Parliament of Charles I. held in 1639, and con
tinued to 1641, were digested into the usual Record, which,
with other public documents, was carried off by Cromwell in
1651, and deposited in the Tower of London ; but a brief
abstract of its contents was framed by William Riley, senior,
Clerk of the Records in the Tower, under whose care it was
placed about 1654, and published by Sir Joseph Ayliffe,
Bart, in 1774. After the Restoration of Charles II. this
Record was probably sent back to Scotland with the other
Books of Parliament ; but " the actual destruction," says Mr
Thomson, " of this and of the Records of the subsequent
Parliaments held in the reign of Charles I. would appear to
have been one of the consequences of an Act passed in the
year 1661, by which those Parliaments, and all Acts and
deeds passed and clone in them, were rescinded and annulled,
excepting in so far as they related to the civil and private
interests of individuals, which were declared in the meantime

RIGHT REVEREND BISHOP KEITH. lxiii
to stand good and valid." The Records of the Conventions
of Estates held in 1643 and 1644 are preserved ; but those
of all that were called Parliaments in Scotland from 1644
till the subjugation of the kingdom by Cromwell in 1651,
and the suppression of its Legislature, have not been found,
and their history and fate are obscure and doubtful. " The
subsequent fate of these Records," observes Mr Thomson,
" is altogether uncertain. There are some grounds for be
lieving that they may have been lost at sea on their return
to Scotland at the Restoration, and some reasons for sup
posing that they may have been afterwards intentionally
destroyed ; but thus much at least may be presumed, that,
if they escaped these various hazards, they would be but
little cared for after their legal validity and value had been
impaired, and in a great measure done away, by the rescind
ing Acts of Parliament of 1661." Though a great propor
tion of the Acts and proceedings of those illegal Parliaments
are irrecoverably lost, important fragments and documents
nevertheless remain.
From the preceding statements it appears that the Records
of the Statutes of several Parliaments from the reign of
James III. to Queen Mary are lost, and can only be sup
plied from the edition of 1566, with some manuscripts still
existing, and other written copies of a later date. The
original Records of Queen Mary's Parliaments are defective,
and from June 1548 to the end of that Reign are, as already
observed, entirely lost, with the exception of the Parliament
in November 1558, and of another in April 1567. The
" History of the Affairs of Church and State in Scotland "
by Bishop Keith extends from 1527-8 to 1568.
It is almost unnecessary to allude to Edward I. of Eng
land, who, after being chosen to decide on the claims of the
different competitors for the Crown of Scotland, issued a
writ directed to William Fraser, Bishop of St Andrews,
Ralph Basset of Drayton, Constable of the Castle of Edin
burgh, and William of Dumfries, Clerk-Register for Scot
land, commanding them to deliver to the Abbots of Dunferm
line and Holyrood, and certain other persons therein named,

lxiv BIOGRAPHICAL SKETCH OF THE
such Records as were within the Castle of Edinburgh, or
anywhere else in Scotland. The parties nominated in
Edward I.'s writ were authorized to inspect and investigate
such of the Records as had any reference to the claims of the
competitors, or to the King himself, and his own kingdom of
England, in the place which he had assigned for their meeting.
Most of the then existing Records of Scotland were in conse
quence carried to Berwick-upon-Tweed, and were there de
posited on the 23d of August 1293. A Catalogue of those
Records found in the castle of Edinburgh is still preserved
in the Chapter House at Westminster, and was printed in
Sir Joseph Ayliffe's " Calendars of Ancient Charters." A
correct copy of it is printed in the " Introduction, giving a
State, founded on Authentic Documents still preserved, of
the Ancient Records of Scotland which were in that King
dom in the year 1292," by William Robertson, Esq. one of
the Deputies of the Lord Clerk-Register for keeping the
Records of Scotland. This is evidently the true account of
Edward I.'s seizure of the Scottish Records ; and the story
of his forcibly carrying them off to Westminster, and destroy
ing them, to obliterate all traces of the national independ
ence, is altogether a fable.1 Edward I. entered Scotland in
1296 at the head of a powerful army, forced Balliol to sur
render the Scottish Crown, and obtained uncontrouled pos
session of the kingdom. " It cannot be doubted," observes
Mr Robertson, " that along with the kingdom, King Edward
got possession likewise of its Records, with which his officers,
who had so lately seen and examined them, were minutely
1 " Upon the whole, there is the greatest reason to believe that the story
propagated of King Edward I. having brought out of Scotland all the
ancient Records of that kingdom, and of his having lodged them in his
Exchequer at Westminster, is fabulous. — It is still further observable
that the Scottish writers are not agreed in the story of Edward having
taken away all the Scottish Records, for Hector Boethius, Buchanan, and
others allege that those Records were burnt in Scotland by order of King
Edward I., which fact, if it was one, is again denied by Tyrell and other
English writers, who suppose this allegation to be a calumny invented by
Boethius." Calendars of the Ancient Charters, &c. and of the Welch and
Scottish Rolls now remaining in the Tower of London, &c. 4to. London,
1772, p. lvii. lviii.

RIGHT REVEREND BISHOP KEITH. lxV
acquainted. This seems to be proved by three schedules
entered in Mr Agarde's Index in the Chapter House at
Westminster. It is certain that King Edward I., from the
year 1296 till his latest breath, regarded Scotland as part of
his dominions. It cannot, therefore, be supposed that so
politic a Prince would intentionally destroy Records essen
tially necessary to the government and to the general inte
rests of the country, as well as to the private interests of
many of the greatest landholders who supported his preten
sions to the last. Indeed, if the Records themselves had
been destroyed, those Catalogues of them must have shared
the same fate. Nor can the disappearing of these Records
surprize us, when we consider the slovenly and careless man
ner in which the Records of England itself were kept ; and
if many of the most important Records of that country have
been lost, we cannot wonder that the Records which may
have been carried into England attracted still less attention
and care."
This view of the subject is corroborated by the authority
of John Riddell, Esq. Advocate, who, in noticing the " lament
able destruction of muniments and writings," says — " This
has been chiefly owing, I humbly conceive, to the ruthless
and precipitate nature of our Reformation, and the sad
havoc it occasioned to writs and documents in general, espe
cially by the destruction of religious houses — their chief custo-
diars, intestine tumults and feuds, no doubt, partly contri
buting, with occasional incendiary inroads of the English; but
not so much directly to Edward I. as imagined, who was more
bent, with curious antiquarian zeal, on recovering and secur
ing those instruments and authorities that concerned the
important subject that engrossed him — the feudal superiority
of England over Scotland. — It was owing to their [the Re
formers] exhortations to an infuriated rabble to destroy the
'nests' — cathedrals and abbeys — of the Papal Hierarchy, that,
not to mention various important chronicles and other writ
ings, the Ecclesiastical Registers and Archives, including the
Consistorial — have nearly all irretrievably perished, and been
withheld from us. Edward I., whose name has been used

Ixvi BIOGRAPHICAL SKETCH OF THE
as a bugbear, was in a very trivial degree indeed the cause of
the lamentable deficiency of Scottish writs and memorials,
which characterizes and distinguishes Scotland from almost
every European State. The deprivation in question is
chiefly owing, in the first place, to the destruction of the
records of the Church, who had so extensive a jurisdiction in
their ultimate and crowded tribunal of the ' Senye,' held at
the metropolitan city of St Andrews, as well as in the sub
ordinate courts, in matters wholly ecclesiastical, or deemed
to be so, but since absorbed by the Court of Session. These
included all cases of marriage, separation, divorce, legiti
macy, bastardy, and descent, defamation, teinds, contracts,
and obligations ; and everything turning upon the nature of an
oath, opening the widest field to discussion and litigation;
besides, innumerable questions apparently of a civil kind,
connected with the justice administered in the high Baronial
Church Courts over feudal vassals and rentallers. Then
there were the services, and infeftments, and copyhold ad
missions of the latter in land, embracing the greater part of
all Scotland, the confirmation of the testaments of all, and
the cognizance in every case of executry and moveable suc
cession. It was before the ecclesiastical tribunals likewise,
that transumpts or exemplifications of the most solemn and
important civil deeds were taken, at the instance of laics,
and duly entered for better preservation in their Registers —
the adhibition of the sacred authority being held to give the
greatest weight to the procedure. All the mass of Records
embodying the above transactions, besides the warrants,
valuable chronicles, chartularies, original charters, and title-
deeds, &c. &c. were kept within the walls of the cathedral
or religious house — in the case of the former chiefly in the
archives of the Oonsistorial Court, which formed a part of
the august edifice — with whose destinies they were thus
united ; and nearly the whole, excepting some chartularies
and consistorial MSS. embracing divorce and executry cases,
have perished. Secondly, the deficiency alluded to has been
attributed, although in a far less extent, to the shipwreck
of certain deeds and muniments at sea on their return to

RIGHT REVEREND BISHOP KEITH. lxvii
Scotland from England, where they had been officiously and
unnecessarily sent during the Usurpation. It has often
struck me that the Presbyterian clergy had by no means
the taste or refinement of their Romish predecessors, parti
cularly as*displayed in caligraphy, and the splendid illumina
tions and elegant pictorial decorations so common in their
MSS. Writing degenerated into a miserable, barbarous, and
almost unintelligible scroll after the Reformation. Neither
were the former good custodiars of writs like the latter, as
is fully instructed by the lamentable loss and deficiency of
many parish registers, so important in matters of pedigree,
even in the eighteenth century, and I need not add pre
viously."1 Without farther noticing the alleged conduct of Edward I.,
who undoubtedly took possession of the kingdom and
castles of Scotland, and ordered all the Records and Muni
ments to be removed for investigation of the claims of
the competitors for the Crown, no doubt exists as to Crom
well's forcible seizure, and the subsequent loss and damage
of many of the most valuable documents which it occasioned.
Previous to this, the Records were kept in the Castle of Edin
burgh, as appears from a " Representation" to the Scottish
Parliament, on the 29th of June 1650, " by the Lord Register,
of the condition of the Castle of Edinburgh, that it might
be taken in consideration, in regard that the haill Registers
which concern the kingdom so highly are lying there, they
maybe made secure."2 The whole Records of the Parliaments
and Courts of Justice were deposited in the Tower of London,
under the care of Mr Riley, the official Keeper of the English
Records. This act of violence was found to be such a serious
obstacle to the administration of the law in Scotland, that
the Scottish authorities complained to Cromwell's so called
Council of State for redress. This matter was reported to the
then English Parliament on the 9th of September 1653, by
whom it was declared — " That it be referred to the Council
1 Inquiry into the Law and Practice of Scottish Peerages, by John
Riddell, Esq. Advocate. Edinburgh, 8vo. 1842, vol. i. p. 240, 241, 242.
2 Acta Pari. Scot, folio, vol. vi.p. 531.

lxviii BIOGRAPHICAL SKETCH OF THE
of State to take care and to give order, that such Registers
as concern private persons' rights, securities, and convey
ances of land, bonds, and contracts between party and party,
with their warrants, and all process of plea, be sent back
to Scotland, to be disposed of as the Commissioners for
the Administration of Justice there shall find expedient for
the good of that service ; and that such as are of public
concernment, and for the benefit and advantage of the
Commonwealth, be preserved and kept ; and that the Coun
cil of State do likewise take care of the safe keeping of the
Records in the Tower. And it is also ordered, that such
person and persons as shall have the custody of the Regis
ters which are to remain here, be empowered and authorized
to give extracts out of the same unto such persons as shall
desire it ; and that such extracts shall have the like faith,
and be of the like validity in Scotland, as extracts made
there from such Registers have usually had."
It is thus evident that only a certain portion of the Records
— those affecting the rights of property and the Courts of
Law — were to be restored. But nothing more was done in
the matter, notwithstanding the above orders, till the 23d
of July 1657, when the " Council of State" enjoined sundry
Records and Registers in the Tower to be " sent into Scot
land with the first opportunity, and delivered into the charge
of the proper officer appointed for keeping the Records at
Edinburgh Castle, where they are to be kept in the room or
rooms which were formerly used for that purpose, to the
end the same may be made use of as there shall be occasion,
in order to the doing of right justice to the people of that
nation ; and it was referred to the Master of the Rolls, Sir
Archibald Johnston [called] Lord Warriston, Gabriel Beck,
and William Riley, Esquires, or any three of them, to take
care that such of the Records, Writings, and Registers of
Scotland remaining in the Tower as aforesaid, as concerns
private men's cases and interests only, be separated from
those of a public nature, to the intent those that are of a
private nature may be sent into Scotland accordingly."
By an order of the 13th of August, " Sir John Barkstead,

RIGHT REVEREND BISHOP KEITH. lxix
Knight, Lieutenant of the Tower of London, George Don
ning, and Nathaniel Taylor, Esquires," were added to the
Committee appointed on the 23d of July. At a meeting of
the " Council of State" on the 18th of September, at which
Cromwell presided, a report was read from Johnston of
Warriston, Barkstead, Taylor, and Beck, stating that they
had " severed and set apart" all the private Records, which
they enumerated, " being the prime judicature of all civil
causes" in Scotland ; and that they had caused an inventory
and duplicate to be made, that the same may be attested as
the " Council of State" may think proper, that " so one of
them may be kept here [London], and the other be sent into
Scotland, to be kept with the said Books of Entry, in case
the Council shall approve thereof, and shall order the said
books to be sent thither." His " Highness the Lord Protec
tor and the Council" were pleased to order that the specified
Books, " so severed and set apart" by the Committee, be sent
into Scotland, and delivered to the proper officer at the
castle of Edinburgh appointed for keeping the Records —
that Johnston of Warriston was to sign the duplicate, which
was to remain in the Tower, and the other duplicate, after
signature by three of the English referees, " together with
the said Books before specified, the said William Riley is
hereby authorized and required to deliver into the hands of
the said Sir Archibald Johnston, to be sent into Scotland
in such ship as the Commissioners for the Admiralty and
Navy shall appoint to carry the same, to be safely delivered
into the castle of Edinburgh, according to the said Order."
The nature of the documents thus ordered to be returned
will be ascertained from the " Inventory" of the Records,
which consisted as follows : —
1. Contracts, 486 volumes ; the first volume beginning
28th January 1560, and ending 25th October 1651, and the
last from 1st June 1649 to the 22d June 1650.
2. Decreet Books, 505 volumes, from 19th June 1492
to 19th February 1650.
3. Lawburrows, 26 volumes, from 6th September 1591
to 23d November 1649.

lxx BIOGRAPHICAL SKETCH OF THE
4. Register of Particular Sasines, 38 volumes, from
26th July 1617 to 13th July 1650.
5. Registers of Suspensions, 90 volumes, from 13th
January 1574 to 26th January 1649.
6. Registers of Caution and Resignation, 57 volumes,
from 5th October 1478 to the last day of February 1650.
7. Registers of Compeerings, 9 volumes, beginning 6th
January 1636, and ending 4th November 1647.
8. Minute-Books, 94 volumes.
9. Valuations and Kirks, 10 volumes.
10. Registers of Hornings and Inhibitions, 4 volumes,
from 9th March 1589 to 1st June 1630.
11. Registers of Loosings of Arrestments, 2 volumes,
from 4th January 1628 to 31st December 1631.
12. Prothegalls [Protocols], 6 volumes.
13. Old Decreets, Acts, Minutes, and Prothegalls,
60 volumes.
14. Registers of Signatures, 45 volumes, from 1st
March 1541 to 26th July 1644.
15. Charter-Books, 50 volumes, from 1424 to 8th March
1628. This " Inventory" was thus signed — " I, Sir Archibald
Johnston of Warriston, Clerk of Registers of Scotland, do
hereby acknowledge that I have received of William Riley,
Esq., Clerk of the Records in the Tower of London, the
several Books and Registers of the Scottish Records con
tained in the above- written Inventory, being in number 1609,
according to the above Order of His Highness and His
Council, bearing date at Whitehall, the 18th of this instant
September 1657. A. Johnston, Cls. Beg. Signed in the
presence of the Subscribers — William Riley, Junior,
T. MacDowall, Witness ; A. Paterson, Witness." It ap
pears that the real number of the Books and Records, instead
of 1609, was 1547, making a difference of 62.
These documents, of the utmost importance in the ad
ministration of justice, the possession of property, and other
matters of vital interest, arrived safely, and were deposited
in Edinburgh Castle. After the Restoration of Charles II.

RIGHT REVEREND BISHOP KEITH. lxxi
the Records of a public nature carried off by Cromwell were
sent back to Scotland. Bishop Keith, in the first Note to his
" Introduction," observes — "Our public Records were carried
off by Oliver Cromwell, and though after the Restoration of
the Royal Family they were ordered to be returned by King
Charles II. in the end of the year 1660, yet the ship in
which they were put having been lost at sea, a part of them
only was saved, as will appear by this Act of Parliament."
The Bishop inserts the Act of the Scottish Parliament of
11th January 1 661, alluding to a previous Act in favour of
Major Fletcher, narrating the fate of those Records which
were unfortunately lost at sea. Bishop Keith says that
the wrecked vessel belonged to the little seaport town of
Wemyss in Fife, but Burntisland seems rather to be indi
cated, upwards of ten miles farther up the south coast of
Fife, and which was, previous to the Union in 1707, a
very flourishing seaport. The Act cited by Bishop Keith
was followed by an " Act of Exoneration to Mr John
Young concerning the Public Records of this Kingdom,"
in which it is declared — " The King's Majesty and
Estates of Parliament, considering that the public records
of this kingdom, which have been in England those years
bygone, being by public order put into Major Fletcher's
trust, to be carried hither in his Majesty's frigate called
the Eagle, whereof he is Captain ; and that they were ne
cessitated] through the violence of a storm, which was so
great as ship and all therein had almost perished, to put
fourscore [and] five of these hogsheads into another ship,
which since is sunk and drowned with these hogsheads and
records in her ; and that it is found by the trial and deposi
tions of the witnesses taken in the business, that Mr John
Young, who was attending the Registers, did not at all con
sent to the taking out of the frigate, or putting them into
another ship, do therefore exonerate] the said Mr John
Young, and declare him free of any accession to the loss
of these Registers ; and that he carried himself faithfully
according to his trust."1
1 Acta Pari. Scot, folio, vol. vii. p. 11.

lxxii BIOGRAPHICAL SKETCH OF THE
One of the two vessels containing the Public Records
arrived safely in the Frith of Forth, but the other was
thus irretrievably lost by the injudicious conduct of Major
Fletcher, notwithstanding his " Exoneration," if we are to
attach any credit to the opinion of Mr John Young, who was
opposed to the removal of the Records from the vessel. It
seems that all those Records and other documents were de
posited in two large, dark, and hideous apartments under
the Parliament House, called the Laigh [Low] Parliament
House, where very little attention could be bestowed on their
preservation. The Records were in reality kept in the most
careless ana defective manner, and most irregularly adjusted,
after the njiddle of the seventeenth century. An Act was
indeed passed in 1672 to check such neglect, but it does
not seem j to have been much observed, and the slovenly
system continued. The Lords of the Privy Council occasion
ally visiteoj the Chancery Office, " but," says^ Mr Riddell,
" these being previously announced, the most inordinate and
^precipitate haste ensued in making up the leeway, seven or
eight additional scribes being pressed into the service on a
momentary notice, who worked night and day, including Sun
day, for the purpose."1 In November 1768, Lord Frederick
Campbell, third son of John Campbell of Mamore, second
son of Archibald, ninth Earl of Argyll, and who in 1761 suc
ceeded as fourth Duke of Argyll, was appointed Lord Clerk-
Register of Scotland. On the 27th of June 1765 his Lord
ship laid the foundation stone of the General Register House,
one of the most magnificent and conspicuous public edifices
which ornament the Scottish metropolis. On the 13th of
August 1787, the Deputies for keeping the Records took
possession of their apartments in that building, and began
to remove the Records thither from the dismal rooms under
the Parliament House. On the 5th of October 1791, the
Records were finally removed, and arranged in the General
Register House — the permanent Depository of all the Na
tional Muniments of Scotland.
1 Inquiry into the Law and Practice in Scottish Peerages, by John
Riddell, Esq. Advocate. Edin. 8vo. 1842, p. 255, 256.

RIGHT REVEREND BISHOP KEITH. lxxiii

The following Tract refers to a subject in which Bishop
Keith most naturally took great interest, viz. his descent from
the distinguished Family of Keith, Earls Marischal, and his
own claim, and that of his " young grand-nephew," to be the
representatives of those Noblemen, failing issue of the then
Earl Marischal so designated, though attainted for the Enter
prize of 1715, and his brother the illustrious Field- Marshal
Keith. As the Bishop's " Vindication," which was never
published, but privately printed by him in 1750, sufficiently
explains the position of his own family, and the unwarrantable
claim of the Keiths of Ravelstone to be descendants of any
of the Earls Marischal, it is unnecessary to enter farther into
detail. In the " Peerage of Scotland," by Sir Robert
Douglas of Glenbervie, edited by John Philip Wood, Esq.
it is stated that William, grandson of Alexander Keith,
fourth son of William, third Earl Marischal, had two sons,
Alexander and William, and from the former descended
" Alexander Keith of Uras, and Bishop Robert Keith."
The Bishop's then near relative, Alexander Keith of Uras,
left two sons, Alexander and Robert, who both died un
married, the latter in 1780, while a Captain in the Third
Regiment of Foot Guards, with the rank of Colonel in the
Army. This was the " young grand-nephew " of the Bishop.
So far this account of the descent of Bishop Keith and his
relatives is correct in the above mentioned " Peerage ;" but
it is immediately followed by a most extraordinary genealo
gical detail, to the effect that after the death of the Bishop's
grand-nephews without issue—" the representation of the
Marischal Family devolved on Alexander Keith of Dun-
nottar, in the shire of Kincardine, and of Ravelstone in the
county of Edinburgh, descended from William Keith of
Camculter, second son of William Keith of Pittendrum,
and brother of Alexander Keith of Uras."1
Now, referring the reader to the valuable statement by
John Riddell, Esq. Advocate, which is inserted at the end of
the Bishop's "Vindication," and forms an appropriate
1 Douglas' Peerage, vol. ii. p. 191.

lxxiv BIOGRAPHICAL SKETCH OF THE
conclusion to it, and without entering into the question of
family descent, it is only fair to inform the reader who may
take an interest in such matters, that the preceding account
is altogether spurious and unfounded. Keith of Dunnottar
was not descended from William Keith of Camculter, second
son of William Keith of Pittendrum, and brother of Alex
ander Keith of Uras. The ancestors of the Keiths of Dun
nottar were feuars or tenants of the Marischal Family, of the
same name undoubtedly, but no connections of those Earls.
Mr Wood prominently refers to " a more particular account
of the family of Keith of Ravelstone inserted in Douglas'
Baronage ;" but that Work is in many of its details very
inaccurate, and little reliance can be placed on its state
ments, which seem to have been inserted in numerous in
stances, to gratify individual vanity. Alexander Keith, Esq.
of Ravelstone, " one of the Under-Clerks in the Court of
Session," whose claims Bishop Keith refuted, is said to have
been born on the 9th of March 1705, and died 12th Septem
ber 1792, leaving four sons and two daughters, several
other children having died young, by his wife, a daughter;
of Sir John Swinton of Swinton in Berwickshire. By that
marriage his family and descendants became relatives of
Sir Walter Scott. It is farther stated that " this Alexander
Keith of Ravelstone purchased in 1766, from George Earl
Marischal, the castle and lands of Dunnottar ; and the
Earl ordered the whole Family Papers, and the black stock
of Dunnottar, an oaken table said to be brought by the
Catti1 from Germany, reckoned an ancient heir-loom of the
1 According to the Peerage account of the Marischal Family, which
professes to be derived from the " most authentic historians," Robert,
leader of a tribe of the Catti, who emigrated from Germany into Scotland,
killed Camus, the commander of the Danes, at Barry in Forfarshire, in a
great battle fought between them and the Scots under Malcolm II. in
A. D. 1010. It is farther recorded that the King dipped his fingers in
the blood of Camus, and " drew three perpendicular strokes on the upper
part of Robert's shield, whence his descendants bear three pallets, gules,
on a chief. Malcolm, in regard of his eminent services, created him Heri
table Great Marischal of Scotland, and bestowed on him several lands,
particularly some in East Lothian, still called Keith, the ancient name
Catti being in process of time transposed to Kethi and Keycht ; and still
more lately, for softness of pronunciation, Keith."— Douglas' Peerage,
vol. ii. p. 184.

RIGHT REVEREND BISHOP KEITH. lxXV
Family, to be delivered up to him as an acknowledgment
of his descent." But admitting the purchase of the castle
and lands of Dunnottar by that gentleman, the alleged pre
sents of the Family Papers and the old oak table provo
nothing, and could not confer on him a descent which it
was impossible for him to acquire. The whole of the de
tails in Douglas' Peerage and Baronage must, therefore,
on the most conclusive evidence, be completely rejected. It
may be here stated, that the heirs-male of the Earls Marischal
are now supposed to be extinct, and that the real and un
doubted representatives of that ancient Noble Family are the
Earls of Kintore and the Lords Elphinstone by female descent,
the latter, however, much the nearer in point of propinquity.
The descent of both may be thus stated : — At the death
of William fourth Earl of Kintore in 1758, grandson of the
Hon. Sir John Keith, third son of William sixth Earl Maris
chal, from whom descend the ancient Family of Forbes, Bart.
of Pitsligo and Fettercairn, by Lady Jane Keith, elder
daughter of the first Earl of Kintore, the estates devolved to
the Earl Marischal, and the honours became dormant, as the
Earl Marischal would not allow a clause, enabling him to inherit
titles, to be inserted into the Act of Parliament which allowed
him to inherit estates. At the Earl Marischal's death in 1778
the titles and estates devolved on Lord Falconer, grandson
of Lady Catherine Margaret Keith, eldest daughter of the
second Earl of Kintore, who married David fifth Lord Fal
coner of Halkerton. By this marriage were five sons and
four daughters. His eldest son succeeded as sixth Lord
Falconer, who, dying without issue, was succeeded by his
brother William in 1762. He was the father of Anthony
Adrian eighth Lord Falconer, who succeeded in 1776, and
on the death of Earl Marischal in 1778, obtained the estate,
and became the fifth Earl Kintore. He was the father of
William sixth Earl, and grandfather of Anthony Adrian
seventh Earl, who died in July 1844, and was succeeded
by his second son Francis, born in 1828, who enjoyed the
second title of Lord Inverury by the accidental death of his
elder brother in England in the spring of 1844.

lxxvi BIOGRAPHICAL SKETCH OF THE
On the other hand, Charles, the tenth Lord Elphinstone
married, in 1735, Lady Clementina Fleming, only child of John
sixth Earl of Wigton, by his second Countess, Lady Mary
Keith, eldest daughter of William ninth Earl Marischal. The
offspring of this marriage were six sons and four daughters.
John, the eldest, succeeded his father as eleventh Lord
Elphinstone in 1781, and was father and grandfather of
John twelfth Lord, and of John thirteenth Lord, born in
1807, who succeeded his father in 1813. The celebrated
Admiral Sir George Keith Elphinstone, created a Peer
of Ireland by the title of Baron Keith of Stonehaven-
Marischal in 1793, and of Great Britain by the title of
Baron Keith of Bandeth in 1801, was the fifth son of the
above mentioned tenth Lord Elphinstone and Lady Clemen
tina Fleming, the grand-daughter of the ninth Earl Marischal.
His Lordship was succeeded by his elder daughter Margaret
Mercer Elphinstone in 1823, who became Baroness Keith
in her own right, and who married, in 1817, Auguste
Charles Joseph, Comte de Flahault de la Billarderie, by
whom her Ladyship has three daughters, the eldest of whom
married in 1843 Henry Earl of Shelburne, eldest surviving
son of the Marquis of Lansdowne. It thus appears that
the descendants of Lord Keith rank next, as it respects
propinquity, to the Lord Elphinstone, as the direct descen
dants by the female line of William ninth Earl Marischal.
It will be observed that in his " Vindication," Bishop
Keith purposely omits his episcopal designation, and any allu
sion to his clerical character, designating himself simply as
" Mr Bobert Keith " throughout the whole of the pamphlet.
The purport of this is obvious, for his professional life had
no connection with his descent from the ancient Earls
Marischal. The office of " Under-Clerk" in the Court of
Session, or Scottish Supreme Court, held by Mr Keith,
" junior of Ravelstone," is now abolished, having been
superseded by some of those alterations affecting the sub
ordinate offices of the Court, passed from time to time by
Acts of the Legislature.

RIGHT REVEREND BISHOP KEITH. Ixxvii

A VINDICATION

MR ROBERT KEITH, AND OF HIS YOUNG GRANDNEPHEW ALEX
ANDER KEITH, FROM THE UNFRIENDLY REPRESENTATION OF
MR ALEXANDER KEITH, JUNIOR OF RAVELSTON,1 ONE OF THE
UNDER-CLERKS IN THE COURT OF SESSION.
) HE thing which gave rise to this Vindica
tion, &c. was this : Mr Robert Keith had
written some few short Notes concerning the
Marischal Family, a copy whereof he de
livered to Mr Alexander Keith, the Clerk,
at his own request, in the end of July, this year anno 1750,
and he promised to transmit the same to the Earl of Kin
tore,2 as Mr Robert Keith desired he might do.
On these Notes Mr Alexander Keith, the Clerk, was
pleased to make several right singular remarks, which he
sent in writing to Mr Robert Keith on the 19th day of
November following, one of which remarks is that which
here follows, viz. —
" I come next to William the third Earl, where, after
you tell that his youngest son Alexander got the lands of
Pittendrum, for this you cite a copy of the sasine of the
lands in favour of this Alexander ; and then you have this
marginal note, viz." —
And this Alexander Keith, son to this Earl, is the direct
predecessor of Alexander Keith, some time ago Sheriff-Depute
1 [Ravelstone is a beautiful property at the base of Corstorphine Hill,
about two miles west of Edinburgh on the road to Glasgow. — E.]
2 [John, third Earl of Kintore, grandson of the Hon. Sir John Keith,
third son of William sixth Earl Marischal, who was created Earl of Kin
tore in 1677, for his reputed preservation of the Regalia of Scotland from
falling into the hands of Cromwell's forces, when Dunnottar Castle was
besieged for the purpose of obtaining possession of them. — E.]

lxxviii BIOGRAPHICAL SKETCH OF THE
of Kincardine, and of me, Mr Bobert Keith, residing for the
present time, anno 1750, in Edinburgh, as is evident ly
copies of charters in my possession taken from the Public
Becords. Then Mr Alexander Keith, the Clerk, proceeds—
" I shall not controvert, indeed, that you might, when going
through the family papers or records, have seen and taken
a copy of the original sasine of the lands of Pittendrum
in favour of this Earl's youngest son Alexander, but that
you or nephew are the lineal representatives of this Alex
ander I absolutely deny. Nor do I think any copies of
sasine or charters will serve your purpose, without you
could connect to them, which I am pretty sure you cannot.
You will remember several years ago, when with you in your
house in Canongate, you broached this to me, when I only
then asked you, as I still do, if you could condescend on
any one of your predecessors who resided or had a fur of
land in any part of the county of Buchan where Pitten
drum lies, since the time that Alexander got these lands ?
and I think you could not. You will forgive me to say, that
such a surmise was never heard of till you set it abroad''
yourself. But as you have been so full of conjectures,
allow me to use one, and I think with as much probability
as some of your own, and that is, that you and nephew
are come of Keith of Auchterhouse, Sheriff-depute of the
Mearns." Thus far Mr Alexander Keith in this remark
of his.
Now, would not one be ready to think, that Mr Alex
ander Keith, the Clerk, should have been well apprised of
all that Mr Robert Keith had to reply, before he had made
use of so magisterial and peremptory an expression, f abso
lutely deny, and again, 1 am pretty sure you cannot ? Whereas
indeed it appears he knows nothing at all of the matter.
I shall therefore here give a deduction of the whole case.
From my infancy I was told that my grandfather had had
an estate called Pittendrum, lying in the shire of Aberdeen.
In the year 1704, I having then the honour to be tutor ok
preceptor to the Lord Keith, Mr James Keith of Aforsk,
at that time Sheriff- Depute of Kincardine or Mearns, told

RIGHT REVEREND BISHOP KEITH. lxxix
me, that in looking through the Earl Marischal's papers, he
had found a precept of sasine of the lands of Pittendrum
and Pitblae to your predecessor, said he ; for the Sheriff
knew well what branch of the honourable Family Mr Robert
Keith was descended ; therefore I, the said Mr Robert,
prayed the Sheriff to get me a copy of that paper, which
he was so kind as to do. The tenor of it is this : —
Willielmus Comes Mariscal, fycdilectis nostris Antonio Keth,
Archibaldo Keth,Joanni Keth, fyc. ac eorum cuilibet, conjunctim.
et divisim, BdlUvis nostris in hac parte irrevocabiliter constitu-
tis, Salutem. Quia dedimus et concessimus hwreditarie dilecto
filio nostro Alexandro Keth, omnes et singulas terras nostras
de Pittendrum et Pitblae, cum suis pertinen. jacen. in baronia
nostra de Aden, infra vicecomitatum de Aberdeyn ; quw
quidem terra? cum pertinen. fuerunt filii nostri Gilbert Keyth
hwreditarie, et quas ipse, non vi aut metu ductus, nee errore
lapsus, in manibus nostris apud Castrum nostrum de Dun-
notar, per fustem et baculum sursum reddidit, pureque et sim-
pliciter resignavit, prout in charta nostra sibi desuper confecta
plenius continetur : Vobis igitur et vestrum cuilibet, conjunctim
et divisim, proscipimus, damus in mandatis, ac firmiter man
damus, quatenus dicto Alexandro, aut suo certo auctornato, seu
procuratori, sasinam hwreditariam dictar. terrar. de Pitten
drum et Pitblae, cum suis pertinen. tradatis et deliberetis, aut
unus vestrum tradat et deUberet : Ad quod faciendum, vobis et
vestrum cuilibet conjunctim et divisim, nostram plenariam et
irrevocabilem, tenore prwsentiam, committimus potestatem ; et,
in Signum Sasinw per vos traditw, sigilkm vestrum in secunda
cauda, post nostrum prwseniibus appendatis, seu unus vestrum
appendat. Dat. sub sigillo nostro, apud Castrum nostrum de
Dunnolar, quarto die mensis Februarii, anno domini millesimo
quingentesimo decimo tertio.
Then follows at the bottom this precept — " I, Mr James
Keith, Sheriff-Depute, copied word by word from the prin
cipal precept. At Inverugie, the 26th February 1704.
" Sic subscribitur, James Keith."

1XXX BIOGRAPHICAL SKETCH OF THE
In the Register of Sasines this following one is to be
seen, viz. —
" Instrument of Seisin given to Alexander Keyth of Pitten
drum, on the lands of Over and Nether Cowtowns, &c. pre
sented by the said Alexander himself the 4th day of Decem
ber 1626 years.
" In Dei Nomine, Amen. Per hoc prwsens publicum in-
strumentum cunctis pateat evidenter, et sit notum, quod anno
Incarnationis Dominicw millesimo sexcentesimo vigesimo sexto,
mensis vero Novembris die ejusdem sexto, ac anno regnl seren-
issimi et excellentissimi Principis Caroli, Dei gratia Magnce
Britanniw, Franciw, et Hiberniw Begis, Fideique Defensoris,
secundo, in mei notarii publici et testium subscriptorum pre
senilis, personaliter constitutus comparuit Alexander Keith de
Pittendrum, habens et tenens in suis manibus quandam cartam
venditionis et alienationis, prwceptum Sasinw in se continen.
factam, datam, et subscriptam per nobilem et potentem Comitem
Willielmum Comitem Mariscalli, Dominum Keyth, <$rc. cum
consensu et assensu Dominw Marice Erskin ejus sponsw, prw-
fato Alexandro Keyth, hwredibus suis et assignatis quibus-
cunque, de totis et integris terris de Over et Nether Cowtons,
cum molendino ejusdem, lie vocat. mylne de Mowtie, terris
molendinariis, astrictis multuris, et sequelis earundem solitis et
consuetis ; totis et integris terris de Aquholie, Bimilzeon, et
Smalburne, cum decimis garbalibus in eisdem inclusis, cum
domibus, wdificiis, hortis, partibus, pendiculis, et pertinen.
jacen. infra parochiam de Fetteresso, et vicecomitatum de Kin-
cardyn : Quam quidem cartam et prceceptum Sasinw in se con
tinen. prwfatus Alexander Keyth, probo viro Jacobo Thomson
in Woodhead, Balivo in hac parte, in hujusmodi prwcepto
specialiter constituto, ad manus prwsentavit, ipsumque rogavit,
quatenus hujusmodi prwcepti sasinw procedere dignaretur. Qui
quidem balivus ad manus recepit, mihique notario publico sub-
scripto prelegendum, et in vulgari lingua nostra exponendum,
tradidit, cujus prwcepti, per me perlecti, tenor sequitur sub hac
verborum forma, et est talis : INSUPER dihctis nostris Jacobo
Thomson in Woodhead, et vestrum cuilibet conjunctim et dim-

RIGHT REVEREND BISHOP KEITH. lxxxi
sim, BalUvis nostris in hac parte specialiter constitutis, salutem.
Vobis prwcipimus et firmiter mandamus, quatenus, visis prw
sentibus, indilate statum, sasinam hwreditariam pariter et pos
sessionem realem, corporalem et actualem, totarum et prwfata-
rum integrarum de Over et Nether Cowtouns,  prwfato
Alexandro Keyth  deliberetis.  In cujus rei testimonium,
prwsentibus, manu Gilberti Beid servitoris Patricii Austean,
clerici vicecomitatis de Kincardyn script, manuque nostra sub
script, sigillum nostrum est appensum. Apud Fetteresso die
mensis quinto Novembris, anno domini millesimo sexcentesimo
vigesimo sexto, coram his testibus, Thoma Burnet de Leyis
milite, Boberto Keyth, scriba signeto Begis, dictis Patricio
Austean, et Joanne Wisliart notariispublicis. Sic subscribitur
Marshal,1 Marie Erskyne. T. Burnet, witness. Bobert
Keyth, witness. John Wishart, witness. Post cujus quidem
prwcepti lecturam et publicationem, prcefatus Jacobus Thomson,
Ballivus antedict. ad dictas terras de Over et Nether Cowtowns
 Alexandro Keyth de Pittendrum  dedit, contulit, et
deliberatit, &c. &c. Extracted from the second book of the
Particular Register of Sasines, &c. for the shire of Kincar
dine, now in the Lower Parliament House, by Mr John
Murray, one of the Principal Clerks of Session, having com
mission for that effect from the Lord Clerk Register.
" Sic subscribitur, Jo. Murray."
So the Laird of Pittendrum, having denuded himself by
this time of these lands, is now become laird of Cowton, in
the shire of Mearns, in the year 1626.
Fourteen months thereafter, this Alexander Keith, for
merly of Pittendrum, now of Cowton, enters into contract of
marriage with Elizabeth Douglas, a copy of which contract,
from the register of the shire of Mearns, is in the possession
of Mr Robert Keith, grandson to the said Alexander Keith
of Cowton, and may be seen upon demand. The contract
begins thus : —
" At Bridgfoord and Cowie, respective, the 14th day of
January, the year of God 1628 years. It is appointed,
1 This [Earl] Marischal was the progenitor of the Earls of Kintore.

Ixxxii BIOGRAPHICAL SKETCH OF THE
contracted, and finally agreed in marriage, between the par
ties following, viz. — Alexander Keith of Cowton, on the one
part, and Elizabeth Douglas, lawful daughter to umquhill
Mr Gawn Douglas1 of Easter Barras, on the other part, in
manner, form, and effect, as after follows, &c. &c."
In the month of November 1659, Alexander Keith of
Cowton, son of the preceding Alexander Keith, and father
of Mr Robert, otherwise Bishop Keith, entered into con
tract of marriage with Marjory Arbuthnot, daughter of
Robert Arbuthnot of Little Fiddes, in the shire of Mearns,
by Jean Burnet, daughter of the Laird of Craigmile, and
sister to Robert Burnet, well known in the country by the
designation of Tutor of Leys. The principal contract is
in the present possession of the said Mr Robert Keith, their
youngest child.2
In the year of Christ 1672, the same Alexander Keith of
Cowton denuded himself of these lands,3 and purchased
the lands of Uras, in the parish of Dunnotar and shire of
Kincardine, and having a mind to infeft his wife, Marjory
Arbuthnot, in a part of his new purchase, in lieu, as he
says, of her renunciation of her liferent out of the lands of
Cowtown, he titles himself in the precept of sasine, Me
Alexander Keith now of Uras. And this original paper,
together with the actual sasine itself, are in the custody of
1 This Gawn Douglas was a son of that Laird of Glenbervy who became
Earl of Angus about the year 1588, and by this marriage Mr Robert
Keith and his nephew have the honour to be related to the Dukes of
Douglas and Hamilton, and to all the branches of these most honourable
Families since that marriage.
2 And by this marriage their posterity are related to all the Arbuthnots
and Burnets in the shire of Mearns.
3 The ground or occasion of this hasty denudation did not proceed from
a squandering temper in my father, but from his having enlisted himself
a volunteer in that expedition under King Charles II., which ended
in the unfortunate battle of Worcester, whilst a mere stripling only of
about eighteen years of age, and although he had the good fortune to
escape out of prison by the means and contrivance of two English ladies,
yet the difficulties he was exposed to, and the incumbrances which natu
rally came upon his small estate, during the long continuance of the re
bellion, stuck severely to him all his days after, and does stick to his off
spring to this day.

RIGHT REVEREND BISHOP KEITH, lxxxiii
Mr Robert Keith, and to both which evidents George Keith
of Whiteriggs, the very person from whom Mr Alexander
Keith, under clerk, scornfully conjectures Mr Robert Keith
to be descended, is a subscribing witness ; for this Mr
Alexander Keith, through want of knowledge of the places,
writes Auchterhouse, a place of note in the shire of Angus,
instead of Arthurhouse, the mansion-house of the Laird of
Whiteriggs, in the shire of Mearns.
To the preceding evidences, Mr Robert Keith and his
young grand-nephew Alexander Keith take the freedom to
subjoin the following extract from the Sheriff Books of the
county of Kincardine, viz. —
" At Stonehaven, the 18th day of November 1746 years,
in presence of John Young of Stank, Sheriff-Depute of Kin
cardine, anent the petition given in to the said Sheriff by
Alexander Keith, eldest lawful son and heir to the deceased
Alexander Keith of Uras, by Elizabeth Jolly, his spouse,
who was eldest lawful son and heir to the also deceased
Alexander Keith of Uras, by Marjory Nairn, his spouse,
who was eldest lawful son and heir to the likewise deceased
Alexander Keith of Cowton, by Marjory Arbuthnot his
spouse, and who was eldest lawful son and heir to the also
deceased  Keith of Pittendrum, in the shire of Aber
deen, setting forth : That the petitioner was advised it was
necessary for him to prove his propinquity to the said Alex
ander Keith, his father, grandfather, and great-grandfather
(and great-great-grandfather) in case he should have occa
sion to serve heir to all or any of them, at a time when the
old people of the country that could prove the same were
dead ; craving therefore, that the said Sheriff would take
and receive the deposition of such habile and famous wit
nesses as the petitioner should adduce for proving his pro
pinquity, and that he was nearest and lawful heir to the said
deceased Alexander Keith his father, grandfather, and great
grandfather (and great-great-grandfather), to lie in retentis
for the above purposes, and to have granted warrant to
summons the said witnesses to have compeared before the

lxxxiv BIOGRAPHICAL SKETCH OF THE
said Sheriff, as the said petition, subscribed by the said
Alexander Keith, bears : Upon which petition the Sheriff-
Depute foresaid, on the 4th day of November instant, granted
warrant to the Mairs to summons witnesses for proving the
petitioner's propinquity to the said deceased Alexander Keith
his father, grandfather, and great-grandfather (and great-
great-grandfather), to lie in retentis for the purposes men
tioned in the petition. Likeas, on the 17th day of Novem
ber, and year foresaid, in presence of the Sheriff-Depute fore
said, compeared the said Alexander Keith, petitioner, and
produced an execution of a summons against William
Mushat, in Mains of Glenbervie, to that day, and another
execution of a summons against James Edward, at Mill
of Cowie, John Mowat in Woodhead of Urie, and Alex
ander Burnet, weaver in Cowie, to the day and date of
these presents, all of them to have compeared before the
said Sheriff upon the said respective days, to have abiden
and answered at the petitioner's instance, and to have born
leal and soothfast witnessing, in so far as they knew or should
be asked at them, anent the petitioner's propinquity to the
said deceased Alexander Keith, his father, grandfather (and
great-grandfather, and great-great-grandfather.) In obe
dience to which summons, the said William Mushat, married
man, aged 84 years, or thereby, compeared at this place
upon the said 17th day of November instant, in presence of
the said Sheriff, and being by him solemnly sworn, purged
of partial counsel, and interrogate, deponed — That he knew
the said Alexander Keith of Cowton, and Alexander Keiths,
elder and younger of Uras, all now deceased, and that he
knows Alexander Keith, the petitioner. Deponed, That
Alexander Keith the petitioner is eldest lawful son and heir
to the deceased Alexander Keith of Uras by Elizabeth Jolly
his spouse. Deponed, That the said Alexander Keith of
Uras was eldest lawful son and heir to the deceased Alexander
Keith, also of Uras, by Marjory Nairn his spouse. Deponed,
That the last mentioned Alexander Keith of Uras, was
eldest lawful son and heir to the deceased Alexander Keith
of Cowton, by Marjory Arbuthnot his second spouse.

RIGHT REVEREND BISHOP KEITH. lxXXV
Deponed, That the said Alexander Keith of Cowton was
said, habite and repute to be the next cadet of the Family
of Marischal, in failure of the Family of Kintore. Causa
scientiw, he lived all his days in the neighbourhood, and
that was the truth, as he should answer to God, and de
clared he could not write. Sic subscribitur, Jo. Young,
Geo. Logie, Cls. And siclike at this place, upon the day
and date hereof, in presence of the said Sheriff, compeared
the said James Edward, widower, aged 88 years or thereby,
and the said John Mowat, married man, aged 80 years or
thereby, and the said Alexander Burnet, married man, aged
75 years or thereby, who being all solemnly sworn by the
said Sheriff, purged of partial counsel, and interrogate,
deponed and proved in manner underwritten, viz. the said
James Edward deponed, That he knew the said Alexander
Keith of Cowton and Alexander Keiths, elder and younger
of Uras, all now deceased, and that he knows Alexander
Keith the petitioner. Deponed, That Alexander Keith, the
petitioner, is eldest lawful son and heir to the deceased Alex
ander Keith of Uras, by Elizabeth Jolly, his spouse. De
poned, That the said Alexander Keith of Uras was eldest
lawful son and heir to the deceased Alexander Keith, also of
Uras, by Marjory Nairn his spouse. Deponed, That the
last mentioned Alexander Keith of Uras was eldest son and
heir to the deceased Alexander Keith of Cowton by Mar
jory Arbuthnot his second spouse. Deponed, That the said
Alexander Keith of Cowton, was said, habite and repute, to
be the next heir to the Family of Marischal, failing the
Family of Kintore. Causa scientice, he was servant to the
said Alexander Keith of Cowton, and has lived in the neigh
bourhood all his time, and that was the truth, as he should
answer to God, and declared he could not write. Sic sub
scribitur, Jo. Young, Geo. Logie, Cls. Item, The said John
Mowat deponed, That he knew the said Alexander Keith of
Cowton, and Alexander Keiths elder and younger of Uras,
all now deceased ; and that he knows Alexander Keith the
petitioner. Deponed, That Alexander Keith, the petitioner,
is eldest lawful son and heir to the deceased Alexander Keith

lxxxvi BIOGRAPHICAL SKETCH OF THE
of Uras, by Elizabeth Jolly his spouse. Deponed, That the
said Alexander Keith of Uras, was eldest lawful son and heir
to the deceased Alexander Keith also of Uras, by Marjory
Nairn his spouse. Deponed, That the last mentioned Alex
ander Keith of Uras, was eldest lawful son and heir to the
deceased Alexander Keith of Cowton, by Marjory Arbuthnot
his second spouse. Deponed, That the said Alexander Keith
of Cowton was said, habite and repute to be the eldest lawful
son and heir to the deceased  Keith of Pittendrum, in
the shire of Aberdeen, and as such was nearest heir to the
Family of Marischal, failing the Family of Kintore. Causa
sciential, he lived in the neighbourhood all his time, and that
was the truth, as he should answer to God, and declared he
could not write. Sic subscribitur, Jo. Young, Geo. Logie,
Cls. Item, The said Alexander Burnet deponed, That he
knew the said Alexander Keith of Cowton, and Alexander
Keiths, elder and younger of Uras, all now deceased, and
that he knows Alexander Keith the petitioner. Deponed,
That Alexander Keith the petitioner is eldest lawful son
and heir to the deceased Alexander Keith of Uras, by
Elizabeth Jolly his spouse. Deponed, That the said Alex
ander Keith of Uras, was eldest lawful son and heir to
the deceased Alexander Keith also of Uras, by Marjory
Nairn his spouse. Deponed, That the last mentioned Alex
ander Keith of Uras, was eldest lawful son and heir to the
deceased Alexander Keith of Cowton, by Marjory Arbuth
not his second spouse. Deponed, That the said Alex
ander Keith of Cowton was said habite and repute to be
eldest lawful son and heir to the deceased  Keith
of Pittendrum, in the shire of Aberdeen, and as such was
nearest heir to the family of Marischal, failing the family
of Kintore. Causa scientice, he lived all his time in the
neighbourhood, and that was the truth, as he should answer
to God. Sic subscribitur, Alexander Burnet, Jo. Young,
Geo. Logie, Cls. Extracted on this and the preced
ing pages, by Geo. Logie.
And now, upon the whole, Mr Robert Keith presumes to

RIGHT REVEREND BISHOP KEITH. lxXXVli
think, that in the opinion of every indifferent person he has
sufficiently vouched the birth and descent both of himself and
of his young nephew, against the gross misrepresentation
and injurious aspersion of Mr Alexander Keith, younger of
Ravelston; and, in particular, that the said Mr Robert has not
been the first who set abroad the surmise, that he and his young
nephew are the immediate direct descendents of Alexander Keith,
son to the Earl Marischal, who got from his father the lands of
Pittendrum. Mr Robert has traced the same surmise to have
gone abroad in the world for near a hundred years bygone ;
and until Mr Alexander Keith, younger of Ravelston, shall
produce stronger evidences in his own favour, for being the
first or the only branch of the Laird of Pittendrum, which
is the point he drives at, he must excuse my grand-nephew
and me to persist in the opinion which we find has prevailed
for so many years back ; but when he can produce better
vouchers for himself, we are most ready and willing to give
him the right hand. When Mr Robert Keith came first to
settle in the city of Edinburgh he inquired at Mr Alex
ander Keith, Extracter, now of Ravelston, of what parti
cular family he was ? To which he replied, that for his part
he knew not ; but that they supposed he was of the people
of Pittendrum. Then, said Mr Robert, You and I are
cousins. Four or five years thereafter Mr Nisbet, the gene
alogist, being employed in gathering what helps he could
for his intended Appendix to his Book of Heraldry, asked
Mr Robert Keith, what assistance he could give as to the
Marischal Family I Mr Keith left him to make the best
he could of the former accounts of that Noble Family, ex
cepting only that he furnished Mr Nisbet with three lines
on page 6th of that Appendix, as it is now printed.1
1 [The " three lines" specified by Bishop Keith occurs, as he states, in
Nisbet's "System of Heraldry," vol. ii. folio, Edinburgh, 1742, Appendix,
p. 6. The reference is to William second Earl Marischal, who married
Elizabeth, daughter of Alexander first Earl of Huntly, by whom he had
several children, one of whom, named Alexander Keith, obtained a charter
of the lands of Pittendrum in 1513 ; and " of him," says the Bishop, in
the " three lines'' which he furnished to Nisbet, are lineally descended
Alexander Keith, late Sheriff-Depute of the Mearns, Mr Robert Keith,

lxxxviii BIOGRAPHICAL SKETCH OF THE
Several years after this, Mr Alexander Keith, younger of
Ravelston, having made insinuation to Mr Robert Keith
that his own father and he were the representatives of the
Lairds of Pittendrum, and Mr Robert having inquired what
evidence he had for that, Mr Alexander replied, that this
was vouched by a passage in Mr Nisbet's Heraldry. Very
good," said Mr Robert, " that passage which you mean was
put into the Heraldry by me, merely upon the authority of
a conference between your father and me ;" and so Mr
Robert narrated the story to Mr Alexander. By the bye,
Mr Alexander Keith, the Clerk, believed always that Mr
Robert was author of the Genealogy of the Marischal
Family printed in Mr Nisbet's Appendix, until lately that
I told him the contrary.
At an after conversation between Mr Alexander Keith,
younger, and Mr Robert, the said Mr Alexander supported
his pretension of being the elder branch, by his father's
having been born, as he said, within the house of Pitten
drum. But as Mr Alexander Keith, elder of Ravelston,
is not yet eighty years old to this day, it is evident that
his birth is near fifty years posterior to the old possessor
of Pittendrum, his being denuded of these lands. And
therefore old Mr Alexander Keith, his being born within
the walls of that mansion-house, poor as it is at this day,
can be no authority for his being the representative of a
Family denuded of their estate so many years before. The
father of Mr Alexander Keith elder, now of Ravelston,
might have been a tenant on that estate ; and I know well,
that the title of the present Alexander Keith, elder of Ravel
ston, and his father's title likewise, was Camculter ; but I
suppose neither the father nor the son ever pretended to bear
the title of Laird of Pittendrum, as Mr Robert Keith's grand
father is designed at the time that he purchased the lands
of Cowton, in the year 1626. If Mr Keith the clerk's grand
father, had been in the possession of the lands of Pittendrum
so lately as the birth of Alexander Keith, elder of Ravelston,
minister of the gospel, presently residing in Edinburgh, and Alexander
Keith, writer there." — E.]

RIGHT REVEREND BISHOP KEITH. lxxxix
in a continued series downward since the year 1513, it
will be an easy matter for him to make out his preten
sion ; but Mr Robert Keith and his nephew are suspicious
that Mr Alexander Keith the clerk is the first, who (together
with his new conquest, to use his own words with a little
variation) has endeavoured to set this surmise abroad in
the world.
Mr Robert Keith hopes that all his friends, and every
unprejudiced person into whose hands this paper may chance
to fall (for he has only printed some few copies to be pri
vately given away), will have him excused for vindicating his
own and nephew's birth ; for although he himself, now in
the close of the 70th year of his age, and having only one
daughter, might be pretty indifferent about any thing of
this nature ; yet he suspects that his young grand-nephews,
(for there are no less than three of them, Alexander, Robert,
and John), when they come of age, might reproach the
memory of their uncle, and justly perhaps, for his not en
deavouring to set their birth at rights against so flagrant an
attack, seeing the one was capable, and the others might
not have the same means of knowing, or the same abilities
to perform it.

The following Note illustrative of Bishop Keith's con
clusive and undeniable refutation of the claims of the Keiths
of Ravelstone, was kindly communicated by John Riddell,
Esq. Advocate, and is an appropriate conclusion to our
venerable Historian's able " Vindication" of himself and
his " young grand-nephew Alexander Keith," from the
" Unfriendly Representation of Mr Alexander Keith, junior
of Ravelston."
" Bishop Keith's statement of the Keiths of Ravelstone
not being of his stock of Pittendrum is corroborated by the
General Service, September 24, 1782, of George Keith of
Northfield as heir-male of Sir Robert Keith, Great Marischal
of Scotland, patris atavi tritavi. It will be found in the
G

XC BIOGRAPHICAL SKETCH OF BISHOP KEITH.
Register of Retours, and is conclusive as to the male ex
tinction of the branch of Pittendrum and their cadets, be
cause the Keiths of Northfield were much remoter in descent
than the latter, only springing from the Marischal Family
before 1400, while Pittendrum came off as recently as the
reign of James IV. Neither did the retour of Northfield
pass without due inquiry and deliberation, and it never was
contested either in 1782, or afterwards by the Keiths of
Ravelstone, though it could have been so, nay, at once re
scinded, if their pedigree only vamped up in modern times,
and foisted into that very secondary performance, Douglas'
Baronage (p. 589, 590) had been true. What is more : the
heir-female of Lady Clementina Elphinstone, the heir-
female of the Marischal Family, took the advice of Counsel
if she might oppose the Northfield service in 1782, but no
such step, or any opposition, was attempted by the Ravel
stone family, who sufficiently coveted ancestry. There is
no proof of William Keith, alleged ancestor of Ravelstone,
stated to have had Camculter, being, as set forth in Douglas1
Baronage (p. 589, 590), younger brother of Alexander
Keith of Pittendrum in the Reign of James VI."

The Editor considered the reprinting of Bishop Keith's
Dedication of his " History" to the celebrated Lady Jane
Douglas, necessary. It is followed by the Bishop's Preface,
to which he has appended several valuable documents, and
introduced some emendations of the Work. The former, it
will be seen, are of great interest. They contain original
narratives of Queen Mary's illness at Craigmillar, the quar
rel between her and Lord Darnley, the baptism of James
VI., Queen Mary's own account of the murder of Lord
Darnley, Archbishop Beaton's candid reply to her Letter,
&c. The emendations of Books II. and III. are inserted in
their proper place in the present Edition.
J. P. L.
Edinburoh, October 1844.

TO THE
RIGHT HONOURABLE THE LADY JANE DOUGLAS,
ONLY DAUGHTER OF THE LATE
JAMES MARQUIS OF DOUGLAS,
AND SISTER OF
ARCHIBALD,
THE PRESENT MOST NOBLE HEAD OF THAT RENOWNED HOUSE ;
THIS FOLLOWING}
HISTORY OF THE AFFAIRS CIVIL AND ECCLESIASTICAL IN SCOTLAND,
IS,
UPON ACCOUNT OF HER LADYSHIP'S ILLUSTRIOUS DESCENT
AND
PERSONAL MERIT
WITH GREAT REGARD INSCRIBED,
BY HER
LADYSHIP'S MOST RESPECTFUL AND MOST HUMBLE SERVANT,
ROBERT KEITH.

ADVERTISEMENT

READER.

S the first design of the Compiler of these
Historical Transactions was to proceed
upon a firm and solid foundation in collecting
them together, he has carefully made it his
business to support them all along by the
faith of the public Records of the Nation, the Letters and
Negociations of Princes and State-Ministers, and of other
the like unquestionable vouchers.
In the management, however, of this Collection, the Author
is sensible there are some things for which he has need to
bespeak the favour of the readers. And the first is, the plain
freedom he has taken to censure the defects and misrepre
sentations of former Historians. Some persons may possibly
think, it had been sufficient for him to have set the particular
facts in their true light by the forementioned Authorities,
without taking further notice at all of what other writers
had narrated concerning the same facts, but leaving the
readers to form their own observations of the sincerity or
insincerity, the accuracy or inaccuracy, of those that have
written before him. This method, it is readily acknowledged,
might do well, if all, or the greatest part of those that read
History, were of a capacity to form observations by them
selves, to discern the intention of the writers, the tendency
of their narrations, or their accidental errors only, and un-
designing mistakes. But since this is known not to be the
case with every reader, it was thought not improper to cast
in some cursory Observations for the benefit of the generality,
though still without any affectation to impose them on per
sons of a better discernment, whose candid reception and

XC1V ADVERTISEMENT TO THE READER.
interpretation of these sort of Observations is humbly and
earnestly entreated. And as to the other Bemarks and Notes
that are of a critical nature, and serve only for the clearing
such things as were dark, or not so universally known, the
reconciling of seeming contradictions, the adjusting of times,
or the illustrating any intervening occurrences ; for these
it is hoped the Author shall incur neither censure nor dis
pleasure. Another thing in the management of this Work the Com
piler thinks himself obliged to mention, relates to the many
Original Acts, Letters, &c. inserted in this Collection at the
just length. If the first intention of affording a well sup
ported History of this Nation be kept in view, it will appear
evident that several original Papers must have been tran
scribed into it ; and yet if all of that kind should be inserted,
the Book must have come out to an unsizeable bulk, and the
readers been nauseated by running over such a vast number
of them. It being necessary therefore to insert some Papers,
and of others to give the abstracts only, what choice was to
be made herein, and likewise which of the Papers were to
enter the body of the Book, and which of them to go into
the Appendix, was matter of no small consideration to de
termine ; since it was easy to foresee, that whatever might
appear proper to the Compilermight appear not so to another
person. In this great uncertainty, all he can say for him
self is, that he has done what seemed most eligible to him at
the time, but declares withal that he is by no means obsti
nate in vindicating the choice he has made.
With respect to these original Papers, it will be observed
that several of them are not transcribed after the old ortho
graphy and phrase ; but whatever complaint may be made
of this, certain it is, that this omission could not have been
remedied without such an addition of expences as the under
taking was not able to have born, the transcribing in the
old manner of writing being as chargeable very near as the
copying from an unknown language. And this expence must
likewise have risen to a greater degree, in so far as most of
all the Papers that regard this Nation about this period of
time, are not now to be found within the same, but in the
Kingdom of England. It is indeed true, that the Faculty of
Advocates have in their fine Library at Edinburgh a tole-

ADVERTISEMENT TO THE READER. XCV
rably good Collection of Papers relating to this same period,
transcribed from the Cotton Library in England ;! yet still
it is greatly to be wished that this very learned and commu
nicative Body would provide themselves with a more large
and exact transumpt of all the Scottish Papers to be found
there, since this would not only become a shining ornament
to their Library, but be of great use also for furnishing out
a true and certain account of the transactions of our Nation.
The last and truly the principal thing of all for which the
Author is sensible he has very great need to pray the favour
of his readers, is the not ranging all the particular facts, and
every voucher of the facts, in their due and proper places.
Had this Work been kept up for" a longer space, he would
surely have taken care to dispose the materials in their true
situation ; but as the time projected at first for the publi
cation of it was already much elapsed, through the loss or
falling by of some Records of the Privy Council, and sundry
materials having come to hand after there was ground given
to look for no more, the Author found himself under a
necessity either to suppress these Memorials altogether, and
so leave some facts untouched at all, and others but too
imperfectly cleared up, or else to insert these still welcome
Memorials in such places as could then be most conveniently
got done. But besides all this, the Author makes ingenuous
acknowledgment also, that upon re-considering the Work,
after some part of it had been printed off, he observed that
several things might be added to it ; and these he thought
far better to throw in after the best manner he could, rather
than allow the Book to go abroad under any known imper
fections, or to have published afterwards these Additions and
Memorials apart by themselves, or with such others as might
hereafter cast up, as indeed it may be expected that several
new Memorials may still be discovered. And therefore on
both these accounts, with great deference the Author sup
plicates a favourable acceptation of this disorder ; and it is
under the protection of this safe-guard alone that he ven
tures to offer even here to his readers some Papers which
he supposes they would not wish to be deprived of, notwith
standing they did not arrive timeously enough to be dis
posed in any other place.
1 [In the British Museum. — E.]

XCV1 ADVERTISEMENT TO THE READER.
These are the things of which it was judged proper to
advertise the readers. As to the common apologies for the
want of language and style, nothing of that kind is here in
tended to be made ; for though the Author perceives already
some words and expressions that might have been put in
another dress, yet if truth, reason, and perspicuity be found
here, it is believed the readers will be well pleased, and that
other disadvantages will be easily overlooked. And as the
discovery of truth will always be of use to mankind, so the
animadverting and correcting any mistakes that may lurk
in this Work, shall be agreeable to no body more than to the
Compiler and Publisher hereof.

Extract1 of a Letter from Mons. le Croc, the French Ambas
sador in Scotland, to the Archbishop of Glasgow, dated
at Edinburgh, 2d December 1566.2
"  The Queen is for the present at Craigmillar, about
a league distant from this city. She is in the hands of
the physicians, and I do assure you is not at all well ; and
do believe the principal part of her disease to consist in
a deep grief and sorrow. Nor does it seem possible to
make her forget the same. Still she repeats these words,
/ could wish to be dead. You know very well that the in
jury she has received is exceeding great, and her Majesty
will never forget it. The King her husband came to visit
her at Jedburgh the very day after Captain Hay went
away. He remained there but one single night ; and yet
in that short time I had a great deal of conversation with
him. He returned to see the Queen about five or six days
ago ; and the day before yesterday he sent word to de
sire me to speak with him half a league from this, which
I complied with, and found that things go still worse and
worse. I think he intends to go away to-morrow ; but in
any event I'm much assured, as I always have been, that he
won't be present at the Baptism. To speak my mind freely
to you, but I beg you not to disclose what I say in any
1 This and the next Letter are translated from the French, which, to
gether with all the other Letters, &c. of that language contained in this
History, shall be deposited in the Lawyers' [Advocates'] Library, Edin
burgh. » Mem. Scot. torn. ii. F. 320, Coll. Scot. Par.

ADVERTISEMENT TO THE READER. XCV11
place that may turn to my prejudice, I do not expect, upon
several accounts, any good understanding between them,
unless God effectually put to his hand. 1 shall only name
two. The first is, the King will never humble himself as he
ought ; the other is, the Queen can't perceive any one Noble
man speaking with the King, but presently she suspects
some contrivance among them." — (The rest of this letter is
concerning his appointments and personal concerns ; and
he only adds) — " The Queen reckons to be going to Stirling
five or six days hence ; and the baptism is appointed to be
on the 12th of this month."
Extract of a Letter from Moris, le Croc, the French Ambas
sador in Scotland, to the Archbishop of Glasgow.1
"  THEBaptismof the Prince was performed Tuesday2 last,
when he got the name of Charles- James. It was the Queen's
pleasure that he should bear the name James, together with
that of Charles (the King of France's name), because, said
she, all the good Kings of Scotland his predecessors, who
have been most devoted to the crown of France, were called
by the name of James. Every thing at this solemnity was
done according to the Form of the holy Roman Catholick
Church. — The King (Lord Darnley) had still given out, that
he would depart two days before the Baptism ; but when
the time came on he made no sign of removing at all, only
he still kept close within his own apartment. The very day
of the Baptism he sent three several times desiring me either
to come and see him, or to appoint him an hour that he might
come to me in my lodgings ; so that I found myself obliged
at last to signify to him, that seeing he was in no good cor
respondence with the Queen, I had it in charge from the
most Christian King to have no conference with him ; and I
caused tell him likewise, that as it would not be very proper
for him to come to my lodgings, because there was such a
1 Mem. Scot. torn. ii. F. 336.
2 This was the 17th day of the month, so that I was led into the mis
take of fixing this solemnity to the 15th day by the Proclamation emitted
on the 14th, which I reckoned to have been precisely the day before the
Baptism, especially since Archbishop Spottiswood gives the 15th for the
day ; but this sure Instruction contained in this Letter, by naming the day
of the week, is an undoubted testimony for Mr Knox, who relates that
the Prince was baptized on the 17th of December.

XCV111 ADVERTISEMENT TO THE READER.
crowd of company there, so he might know that there were
two passages to it, and if he should enter by the one, I
would be constrained to go out by the other. His bad de
portment is incurable, nor can there be ever any good ex
pected from him, for several reasons, which I might tell you,
was I present with you. I can't pretend to foretell how
all may turn ; but I will say, that matters can't subsist
long as they are, without being accompanied with sundry
bad cpnsequences." — (This is all he says concerning the King.
He next gives an account of his being obliged to supply the
place of the Ambassador of Savoy, who was not yet arrived,
and speaks of his own personal concerns only; and then
adds) — " The Queen behaved herself admirably well all the
time of the Baptism ; and shewed so mueh earnestness to
entertain all the goodly company in the best manner, that
this made her forget in a good measure her former ailments,
But I am of the mind, however, that she will give us some
trouble as yet ; nor can I be brought to think otherwise, so
long as she continues to be so pensive and melancholy.1
She sent for me yesterday, and I found her laid on the bed
weeping sore ; and she complained of a grievous pain in her
side. And for a surcharge of evils, it chanced that the
day her Majesty set out from Edinburgh for this place, she
hurt one of her breasts on the horse, which she told me is now
swelled. I am much grieved for the many troubles and
vexation she meets with. — From Stirling, this 23d of De
cember 1566."
Letter of the Earl of Lenox to his son King Henry. Indorsed
" TO THE KlNGIS MAJESTIE."2
" Sir — I have received by my servant Nisbet zour natural
and kynd letter, for the which I humblie thank zour Majestie,
and as to the contentis therof, I will not trouble zow there
in, but referris the same till I wait upon zour Majestie
at Peblis,3 which salbe so soon as I may heir the cer-
taintie of zour going thither. And for that the extremitie

1 Tant qu'elle sera en ces ewrmyes et regrets.
" Mem. Scot. torn. ii. F. 343, an Original.
* It seems the King has still inclined to go into Tweeddale about this
season. Mr Buchanan has forgot to tell that his Majesty was now to be
thrust away thither.

ADVERTISEMENT TO THE READER. X(J1X
of this stormy weather causes me to dout of zour setting
forward so soon on zour journey, therefore I stay till I heir
farther from zour Majestie, which I sail humbly beseech
zow I may, and I sail not fayle to wayt upon zow accord-
inglie. This committing zour Majestie to the blessing and
governance of Almichtie God, who preserve zow in helth,
long life and most happy regne. From Glasquo, this 26th
day of December [1566.]
" Zour Majestie's humble subject and father,
" Mathew Levenax."
" I sail desire zour Majestie to pardon me, in that this
Letter is not writtin of my nowne hand, for trewlie at the
writting heirof, a paine which I have in my shoulder and
arme is the cause therof."
Letter of Queen Mary to the Archbishop of Glasgow, her Am
bassador in France.1
" Maist Reverend Fadir in God, and traist Counsalor, We
greit zow weill. Ze remember we wrait to ' zow at the re
turning of Monsieur le Comte de Briene, the Kingis Ambas
sador, at the baptisme of our dearest sone, amang utheris
materis, that in our name ze suld sutt the Scottis Companie
of Men of Armes to be relyfted and taken up agane in
favoris of our sone, and he to be appoyntit and namit
Captane thairof. For we beleve that the like is already
grantit, or schortlie to be given to the Duke of Savoyis
sone ; in respect quhairof we think with zourself it sail not
presently be denyit to us, throw zour earnest travell and
solicitatioun, quhilk we pray zow spair not effectualy to use
unto this end and purpois, and thairupon report us sum for
mal and resolut answer, quhilk we will luke for. This far ze
may tak on hand and promys, that we sail appoynt ane
Nobleman to be Lieutenant, quha sail weill eneuch content the
King and all utheris quhilkis in that poynt requiris satisfac-
tioun. Quhairof presentlie we thocht convenient to wrait to
zow, that ze micht be the better rememberit and certifiet of
our earnest desyre to have this mater brocht to pas. With
this alsua thair is ane uther mater that we man signify unto
1 Mem. Scot. torn. iii. F. 4, in the Queen's hand.

C ADVERTISEMENT TO THE READER.
zow. Lately a servand of zouris, namit William Walcar, came
to our presens, being for the tyme at Sterveling, and in his
communicatioun amangis utheris thingis declarit to us, how it
was not only oppinly bruted, bot alsua he had hard be report
of personis quhome he esteimit luffaris of us, that the King,
be the assistence of sum of our Nobilitie, suld tak the Prince
our sone and crown him ; and being crownit, as his fader
suld tak upon him the Government ; with sundrie utheris
attemptatis and purposis tending to this fyne. At the heir-
ing quhairof, ze may think weill we mervellit not a litle ;
and seing the mater of sic importance, culd not bot insist to
have farther knawlege of the speikaris and authoris, to the
effect that we micht better understand the grund and fon-
tane quhairof it procedit. With the quhilk he being pressit,
nominat William Hiegait in Glasquo, alsua zour servand,
for his cheif author, quha, he said, had communicat the ma
ter to him, as apperyt, of mynd to gratefie us ; sayand to
Walcar, Gif I had the moyen and crydet with the Quenis
Majestie that ze have, I wald not omitt to mak hir previe
of sic purpossis and bruitis that passis in the cuntrie. Heigait
said further, as Walcar reportit to us, that the King culd
not content nor beir with sum of the Noblemen that war
attending in our Court, bot othir he or thay behuvit to leif
the samyn. Quhairupon we tuke occasion with diligence to
send for Heigait, quha being inquirit in our Counsell of his
communicatioun had with Walcar in this behalf, he denyit
alsweill apairt, as being confrontit togidder, that evir he
talkit with the said Walcar upon ony sic purpossis. Onlie
this far he confessit, that he hard of a bruit how the King
suld be putt in ward ; and for his author in that poynt,
namit a servand of the Erie of Eglintonis callit Cauldwell ;
quha being alsua sent for and examinat, expressitlie denyit
that evir he spak or entrit in sic termis with William Hiegait.
This purpois of the bruit of the Kingis warding wes schewen
be Hiegait to the Laird of Mynto, quha agane declarit it to
the Erie of Lenox, and be him the King was maid partici
pant thairof : by quhais desyre and commandement Hiegait
agane, as he allegeit, spak Cauldwell. Bot in fyne, amangis
thame all, we fynd na maner of concordance, every ane dis-
agreing on the haill purpossis spoken : Quhilk movit us to
say to the twa that we tak for zour servandis, that we war

ADVERTISEMENT TO THE READER. CI
assurit thay had in thair proceding and speiking, besides our
offence, heichlie offendit zow thair maister, quhome we war
assurit to be sa far ouris, and affectionatly inclynit to our
service and advancement, that ze wald be very evill content
of thair rasch behavior, and repres and disallow sic ground-
les purpossis, tending to our inquietatioun and disadvantage,
and troubling of the tranquillitie of the cuntrie, quhilk our
study is to maintaine and retene in sic integrity as possiblie
may be. And for the King our husband, God knawis alwayis
our part towartis him ; and his behaviour and thankfulnes
to us is semblablement well knawin to God and the warld ;
specialie our awin indifferent subjectis seis it, and in thair
hartis, we doubt not, condemnis the samyne.1 Alwayis we
persave him occupeit and bissy enuch to half inquisitioun of
our doyngis, quhilkis, God willing, sail ay be sic as nane sail
half occasioun to be offendit with ihame, or to report of us
ang wayis bot honorably ; howsoever he, his father and thair
fautoris speik, quhilkis we knaw want na gude will to mak
us half ado, gif thair power wer equivalent to thair myndis.
Bot God moderatis thair forces well aneuch, and takis the
moyen of executioun of thair pretensis fra thame : For, as
we believe, thay sail find nane, or verray few approveris of
thair counsalis and devysis imaginit to our displesor or mis-
lyking. And thus committis zow to the protection of God.
At Edinburgh the 20th day of January 1566-7.
" Your richt guid Mestres and freind, " Marie R."
Nota. — The Archbishop, in answer to this, abandons his
servants to be tried by justice.
Letter of Queen Mary to the Archbishop of Glasgow, her
Ambassador?
" Maist Reverend Fader in God, and traist Counselor, we
greit ze weill : We have recevit this morning zour Letteris
of the 27th Januar by zour servand Robert Dury, contain
ing in ane part sic advertisement as we find by effect over
true, albeit the succes has not altogether been sic as the
1 Compare this with the accounts that Buchanan gives of the open
scandalous carriage of Queen Mary about this time.
2 Mem. Scot. torn. iii. F. 4, an Original.

CH ADVERTISEMENT TO THE READER.
authoris of that mischievous fact had preconcevit in thair
mind, and had put it in executioun, gif God in his mercy
had not preservit us, and reservit us, as we traist, to the
end that we may tak a rigorous vengeance of that mis
chievous deid, quhilk or it sould remain unpunischit, we had
rather loss life and all. The matter is horrible and sa strange
as we believe the like was never hard of in ony country.
This night past being the 9th February, a litle after twa
houris after midnight, the house quhairin the King was logit
was in ane instant blawin in the air, he lyand sleipand in his
bed, with sic a vehemencie, that of the haill loging, wallis,
and other, thare is nathing remanit, na, not a stane above
another, bot all other (either) carreit far away, or dung in
dross to the very grund-stane. It mon be done be force of
powder, and apperis to have been a myne. Be quhom it has
been done, or in quhat maner, it apperis not as zit. We
doubt not bot according to the diligence oure Counsal hes
begun alreddie to use, the certainty of all salbe usit schortly;
and the same being discoverit, quhilk we watt God will never
suffer to ly hid, we hope to punisch the same with sic rigor
as sail serve for exemple of this crueltie to all ages tocum.
Allwayes quha ever have taken this wicked interprys in hand,
we assure ourself it wes dressit alsweill for us as for the King;
for we lay the maist part of all the last oulk in that same
loging, and wes thair accompanyit with the maist part of
the Lordis that are in this town that same night at midnight,
and of every chance taryit not all night, be reason of sum
mask in the Abbaye ; bot we believe it wes not chance, bot
God that put it in our hede. We depeschit this berair upon
the sudden, and thairfor wraitis to zow the mair schortlie.
The rest of zour Letter we sail answer at mair lasor within
four or five dayis by zour aine (own) servand. And sua for
the present committis zow to Allmightie God. At Edin
burgh, the 11th day of Februar 1556-7. " Marie R."
Note. — The Letter which is here mentioned to be sent by
Robert Dury, is taken notice of in the " Martyre de la Reine
d'Ecosse," p. 215 of the new edition by Jebb, and the Origi
nal Minute in the Archbishop's hand is still extant, torn. iii.
Mem. Scot. f. 9 and 10. And for the better satisfaction of

ADVERTISEMENT TO THE READER. Clll
the readers, I have here added a just extract of the Adver
tisement sent at this time to the Queen. The Archbishop,
after writing to her Majesty upon several other heads, says
thus : —
" For nane of the heids precedent thocht I to have depes-
chit expresslie towards zour Majestie, gif be the Ambassa
dor of Spane I had not been requirit thairto, and specialie
to advertise zow to tak heid to zourself. I have hard sum
murmuring in lykewise be others, that there be sum surprise
to be traffickit in zour contrare, but he wald never lat me
knaw of na particular, onlie assurit me he had writtin to his
master to knaw gif be that way he can try ony farther, and
that he was advertisit and counselit to cause me haste to
wards zow herewith. Forder in this instance, and at his
desire partly, I spake earnestlie to knaw at the Quene-
Moder, gif sche had hard ony discourse or advertisement
latlie, tending to zour hurt or disadvantage, but I cam na
speid, nor wald sche confes that sche had gotten nor hard
ony sic apperance, and that baithe the Comte of Bryen, and
sensyne the Ambassador la Forrest, have assurit that zour
affairis were at a verie guid point. In lyke maner that
Robert Stuart had schawen hir, that ze had forgifin my
Lordis of Morton, Rivan, and Lindsay ; swa sche thocht
thair was nathing to be fearit, and appreivit greatumlie the
reucht and pity ze had of zour awin, and appeirit to be verie
content that ze had sa graciouslie treatit thame, quhilk sche
esteimit the right way to hald zow at ease, and saw nathing
that might stop it, bot gif it war the varience betwixt zow
and the King, quhilk sche desirit God to appaise amang the
rest of zour traversis and cummeris ; for it wald be an great
mean to compas mair easilie all zour designis and interprysis,
and in speciall it wald occasion that Madame of Lennox,
quham sche knew weill favorit be an gryt part of the Nobi-
litie of Ingland, wald concur with zow," &c- — (And so goes
on with advices of Queen- Mother to Queen Mary, and at the
end of this Letter he adds) — " finaly, I wald beseik zour Ma
jestie right humblie to cause the Captanis of zour Gaird be
diligent in thair office ; for, notwithstanding that I have na
particular occasioun quhairon I desir it, zit can I not be out
of feir while I heir of zour novellis. I desyre with all my

civ ADVERTISEMENT TO THE READER.
heart, gif it sail be zour pleasar, it mot be with the same
bearer, (Robert Dury.) And swa I pray the eternall Lord
God to preserve zour Majestie from all dangeris, with lang
life and guid health. At Paris, the xxvii day of Januar 1567.
Extract of a Letter of James Beaton, Archbishop of Glasgow,
minute in his own hand, to Queen Mary. From Paris the
9th March 1567-1
 2 « Tjje second head of my last depesche was the dis
course schortlie of the horrible mischievous and strange in-
terprize and executioun done contrar the Kingis Majestie,
quha be craft of men has sa violently been schortet of his
dayis. Of this deed give I wald writ all that is spoken heir,
namely of the miserable state of that Realm, and also in
Ingland, by the dishonor of the Nobilitie, mistrest and
treason of zour haill subjectis, zea that zourself is gretumlie
and wrangouslie calumnit to be the motif principal of the
haill, and all done be zour command ; I can conclude nath
ing, by quhat zour Majestie writis to me zourself, that sen
it hes pleasit God to conserve zow to take a rigorous ven-
gance therof, that rather than it be not actualy taine, it
appears to me better in this warld that ze had lost life and
all. I ask zour Majestie pardon that I writ so far, for I
can heir nathing to zour prejudice but I man3 constraindly
writ the samin, that all may come to zour knawlege, for the
better remede may be put therto. Heir it is needfull that
ze forth schaw now rather than ever of before, the greite
vertue, magnanimitie, and Constance that God has grantit
zow, be quhais grace I hope ze sail overcome this most
heavie envie and displeasir of the committing therof, and
conserve that reputatioun in all godlynes ze have conquist
of lang, quhich can appear nawayis mair clearlie, than that
zow doe sick justice as the haill warld may declare zour in
nocence, and give testimony for ever of thair treason that
has committed, but4 fear of God or man, so cruell and

1 Mem. Scot. torn, iii, F. 26.
s The beginning and end of this letter are about other matters and
affairs of France. If the other Bishops and great men, who wished well
to the Queen, and were then about her in Scotland, had spoken this
language to her Majesty, things had probably taken another turn.
3 Must. 4 [Without.— E.]

ADVERTISEMENT TO THE READER. CV
ungodlie a murther, quhairof thair is sa meikle ill spoken, that
I am constrainit to ask zow mercie, that neither can I or
will I make the rehearsal therof, quhilk is owr1 odious. But
alas, Madam ! over all Europe this day there is na purpose
in head sa frequent as of zour Majestie, and of the present
state of zour Realm, quhilk is in the most part interpretit
sinisterly. Zit is not the hand of God and His mighty
power schort, but be His comfort and help, imploring truly
the samin, and serving Him with all zour heart, ze may
have sick consolatioun be Him, that ze sail be able to re
move that is to zour Majestie's harm or disadvantage, and
establisch that reputatioun that hithertills the haill warld
has conceivit of zour vertue. And I beseek zour Majestie
right humblie cast heir the fundament of zour relief, and all
the rest of zour desires sail come to pass to zour content
ment and honour ; otherwise I fear this to be the beginning
and first act of the tragedy, quhilk I pray God of his infinit
goodnes to avoid. Thirdly, Be Dolu it hes plesit zour Ma
jestie to write to me, &c."
" Order of tlie Lords for bringing in some of the Queen's Plate
to be cuinzied?
" The Lordis understanding that thair is sum silver- werk of
the Quenis Majestie in the handis of hir French officeris,
quhich necessarlie man be cunzied, als weill for outridding
of sum sumis of money awand to the said Frenchmen, als
for furthsetting of other hir Hienes service, and in speciall
in the handis of Servais de Conde, valet de chambre, an nef
of silver over-gilt, twa coupis with thair coveris over-gilt,
twa flasketis over-gilt, twa gryt coupis over-gilt, an bell
over-gilt, an chalice and platine over-guilt, twa peces3 over-
guilt, an cross over-guilt in the bordis, twa chopinettis over-
guilt in the bordis, twa gryt basinis over-guilt in the bordis,
sex goblettis, an covering, and twa feit of coppis, extending
to threescore fourteen markis. Therefor ordainis, commandis,
and chargeis the said Servais to deliver the peicis of silver-
werk above specifieit, being in his handis, to Johne Achesoun,
hir Majesties cunzior, to be cunzieit be him to the effect

Too. 2 Mem. Scot. torn. iii. F. 143.
3 Instruments for giving the Pax at Mass. H

0V1 ADVERTISEMENT TO THE READER.
above mentionit. Subscryvit at Edinburgh, the x. day of
Julij 1567. Athole, Mortoun, Sir James Balfour,
Robert Thesaurer, Craigmillar."
Order of the Lords to Servais deCondy to deliver up the
Begalia.1
" Servais de Condy, forswameikle as it hes pleisit the Quenis
Majestie to give commissi oun and commandement to crown
hir dearest sone the Prince, to the quhilk ceremonie it is
convenient to have the Crown, Sceptar, and Sword Royall of
this Realme ; thairfor zow sail incontinent, after the sight
heirof, put the saidis Crown, Sceptar, and Sword before us,
to the effect above written : Keipand this presentis for zour
warrand. Subscryvit with our handis at Edinburgh the xxv.
day of Julij 1567. Athole, Mortoun, Mar, J. Grahame,
W. Ruthven, Alex. Home, Sanquhar, Sympyl."
N.B. — There are in the same Repository Minutes of Let
ters from the Archbishop of Glasgow to the Queen, from the
23d June 1567 till the 10th October 1568, all written by
the Archbishop himself, but scarcely legible now in many
places. By these I have to advertise here, as an addition
[to a passage in Chapter xn. Book n.J, that the Earl of
Moray was dismissed in the month of June out of France to
Scotland, upon solemn assurances that he would employ all
his interest and friends for the relief of the Queen : That
at parting, the King of France told him, that he would ven
ture his Crown to revenge any hurt done to her person : That
the Earl's asseverations were trusted by the French Court ;
but the Archbishop having received information of his deal
ing underhand with the Queen's enemies, order was sent to
stop the Earl at Dieppe ; but he was got off for England
before the order arrived.
To p. 512 — " Rex. We be the tenour of thir presentis giffs
1 Mem. Scot. torn. iii. F. 143.
2 This is an original subscribed with the King's own hand, and the
signet in some measure remaining. It belongs to the Right Honourable
Mr David Erskine of Dun, one of the Lords of Session and Justiciary.
I suppose it is one of those circular letters which our historians say were
sent about at this time, though it seems likewise to discover that the
King had besides emitted some Proclamations for convening the lieges to

ADVERTISEMENT TO THE READER. CV11
and committis power to our Secretar, and David Lindesay of
Adzell, to put ordour to our liegis and tennentis of the
Erldome of Crawfurd, Dun, Brechin, Adzell, and Montross,
anent their furthcuming to our army and oist, and to caus
the unable personis to mak the coist and furnissing upoun
mair able personis that may nocht furnys thameself, to pas
for thame in our service to our said army, nochtwithstand-
ing ony our Letteris, Proclamationis, or Chargeis past, that
all maner of man cum fordwart to the said oist ; and like-
wiss, nochtwithwithstanding our Commissioun of Justiciary,
and letteris past thairupoun, grantit to our Sheref of Forfar
and his Deputis, anent the quhilkis we dispens, be thir pre
sentis subscrivit with our hand and under our signete at
Edinburgh, the xix day of October, and of our regime the
xxxth zer." " James R."
7fo>w,p.l84,concerningEcclesiastical Affairs. IntheKing's
Library at Paris is to be seen the only copy extant this day
of the three last Provincial Councils of Scotland, holden in
the years 1549, 1552, and 1559. It belonged formerly to
the late learned and famous Mons. Baluzius, and is in
correctly enough transcribed from the old Scottish language,
as having been done by some ordinary French scribe. The
title of the Council, ann.l559,is this — "Concilium Provinciale
Cleri totius Regni Scotise indictum et convocatum per reve-
rendissimum in Christo Patrem et Dominum Johannem Sti
Andrese Archiepiscopum, ejusdem Regni Primatem, Lega-
tum natum, &c. assistente et consentiente reverendissimo in
Christo Patre Jacobo Glasguen. Archiepiscopo, convocatis
his army. I thought it might not be altogether useless to set down here
some of the King's dyets in this last period of his life, which I have taken
from the Writs of the Privy Seal. The King is at Edinburgh several
different days in October and November ; at Falkland, 12th and 20th
October, and 12th November ; at Linlithgow, 9th November ; at Edin
burgh again, 5th and 6th days of December ; and on the 5th day of De
cember there is a Latin letter by the King at Edinburgh to the Duke of
Cleve, but it has neither the King's name nor signet, so it would seem the
King had left that place, or was fallen ill by that time. On the 26th day
of November there is this remarkable Letter of Escheat — ..." for
being absent and remaining fra our Soverane Lordis oist and army, de-
visit and ordainit to pas to the Est and South Bordouris of the Realme,
for expulsioun of our aid inymeis furth of the saymn, incontrar of his
Hienes Letteris and Proclamationis maid thairupoun."

CV111 ADVERTISEMENT TO THE READER.
etiam ac prwsentibus utriusque Archiepiscopi reverendis
Dominis suffraganeis Episcopis, Vicariis generalibus, Abba
tibus, Prioribus, Commendatariis, Decanis, Praepositis, Sa-
crarum literarum Professoribus, Rectoribus, et aliis Literatis
viris Ecclesiasticis, Ecclesiam Scoticanam repraesentantibus,
cseptuin est Edinburgi in religiosa Domo Dominicanorum
(Black- Friars) primo die mensis Martii anno juxta compu-
tationem Ecclesiae Scoticanae mdlviii. (1559), et finitum
ibidem 10 die mensis Aprilis mdlix. Et hoc ad dictse
Ecclesise Scoticanse disciplinam recte reformandam, et Do-
minici Gregis salutem promovendam," &c.
I am informed that this copy might be got corrected in a
great measure by any person of our nation that has letters,
and that it might be put in a condition to make as good a
figure to the honour of our country as any of these times
the South of Britain could produce ; and to shew likewise
that all our clergy of these days were not such dunces as
Mr Knox has thought fit to represent them, and that it was
not the knowledge of Ecclesiastical Canons that was want
ing to them, but the practice of the discipline prescribed by
the Canons. It is to be hoped that either the Reverend
Dr David Wilkins of England will take care to insert these
Scottish Councils into the body of British Councils he is
about to publish ; or that the French gentlemen will insert
the same into the Supplement of Father Labbe's Councils,
which is shortly to be published by them. And if either
the English or French gentlemen shall think it worth their
pains, they will find likewise in the Scots College in Paris
the original Letter of Convocation from the Primate Hamil
ton to the Archbishop of Glasgow, this Archbishop's Letter
to his Suffragans, and the Vicar-General of Galloway's Let
ter, sede vacante, to the Abbots, Priors, Archdeacons, &c. con-
vocating them to this Council. As also a Remonstrance, per
haps from the Lords of Privy Council, though this is uncer
tain, to the Prelates assembled in Council towards reforming
abuses, &c. in order to preserve the ancient religion.
Item, to p. 274. A list of the subscribers to the Bond
27th April 1560.1 — " James, James Hamilton, Huntlie,
1 From the Original at Hamilton.

ADVERTISEMENT to the reader. C1X
Ard. Argyle, Marischall, Rothese, Morton, Gordon, Henry
Stewart, Salton, Lord Couper, Sommervill, William Baillie of
Lamingtoun, Jo.Lindsey of Covingtoun, Jo.Erskine, J.Dun
bar, Jo. Strachan of Thornton, Wm. Douglas of Bonjeddort,
And. Hamilton of Goslington, Jo. Boswell of Auchinleck,
Jo. Midleton, Geo. Seaton, Hew Ralston of that Ilk, Jo.
Robertson, Walter Wood of Bonyton, James Stewart, Jo.
Monteith; Ruthven; R. Lord Boyd; Ogilvie, Ochiltree, Jo.
Maxwell, Pat. Lindsey, Jo. Master of Forbes, Pat. Whyt-
law of that Ilk, Cessfoord, Gav. Commendator of Killwin-
ning; Wm. Abbot of Kinlosse; Mark Ker, And. Ker of
Fadonsyde, Jo. Gordon of Finlator, Geo. Ker of Linton,
Alex. Seaton, younger of Meldrum, Hary Graham, younger
of Morphy; Alex. Gordon of Abergeldie, Ro. Arbuthnot of
that Ilk, Fairnieherst, Jo. Rutherford of Hunthill, Houstoun
of that Ilk, Ja. Cockburn of Ormieston; Wedderburn; Sir
Alex. Hume, Pat. Hume of Polwart, Jo. Row, J. Jardin
of Aplegirth, Geo. Nisbet of that Ilk, Ja. Hamilton of Garen;
Jo. Somervill of Cambusnethen ; Falahill ; W. Henderson
of Fordell ; Jo. Stewart ; Cunninghamehead ; J. Leslie of
Balquhain, Geo. Ogilvie, Jo. Innes of that Ilk, Arthur For
bes, William Leslie, younger of Wairdis ; Jo. Wishart of
Pitarro, Alex. Dunbar of Crumnock, Ja. Halyburton of
Pitcur ; Tutor of Pitcur ; Crachlie ; William Douglas of
Whytinghame ; Frendraught ; Balhoussie ; Geo. Hume of
Spot, Ja. Johnston of Elphingston, Pat. Douglas, Ro. Camp
bell, And. Johnston, Dav. Hamilton of Fingleton ; Ker ;
Ad. Kirton ; And. Moscrop, Provest of Jedbrugh ; Ad.
Flesher, Ro. Carnagie of Kinnaird, John Clark, Wm. Lord
Hay of Yester, Jo. Master of Erroll, Hen. Master of
Sinclair, Wm. Sinclair of Roslin, Arch. Mackenzie, J.
Forrester of Carstorphin, Pat. Hepburn of Waghton, G.
Touris of Innerleith, Logan of Restalrigg, Jo. Somervil of
Drum ; Innerwharitie ; Alex. Ogilvie, Ja. Tweedie of Drum-
melzier ; Traquair ; Rich. Rutherford ; Closeburn ; D. Bal
four of that Ilk, Hamilton of Briggs, Alex. Hume, Ja.
Hamilton, Jo. Blackadder; Lochinvar, Alex. Meinzies of
that Ilk, Tho. Meinzies, Seaton of Muirhead, Wm. Hay,
Wm. Wishart, Ro. Scot of Bonytoun, Geo. Weir of Black
wood ; Cunninghame of Capringtoun, R. Minister of Fail-
ford, Scot of Horcleuch, Ja. Lockhart of Bar, Geo. Dunda

CX ADVERTISEMENT TO THE READER.
of that Ilk, Al. Stewart of Garleis, Jo. Melvine of Carnbie,
Jo. Macleod of Assint, Ja. Lockhart of Cleghorn, Dav.
Ramsay of Broxsmouth, Hew Wallace of Cairnhill, H. Ken
nedy of Girvanmains, Ro. Fairley of Braid, Hary Creichton,
Geo. Ogilvie of Bamff, Alex. Rutherford of that Ilk, Ja.
Swinton of that Ilk."
Item, p. 141. The Register of the Parliaments during the
Queen-Regent's Government being lost, I have been at pains
to search the Seals for the Lord Erskine's commission of
Keeper of the Castle of Edinburgh, but could not find any
thing thereof at all. There are two signatures, both of them
dated the 8th November 1561, relating to the Castle of
Stirling ; the first of which narrates the late Thomas Lord
Erskine his keeping the said castle for the Queen-Dowager,
the second confers the keeping of the same castle to John
Lord Erskine for all the days of his life — "the said Lord keip-
and the said place trewlie and straitlie, to be reddie and
obedient to our Soverane Ladie quhat time or quhow often
hir Grace requiris the samyn, sicklike as he hes done in
time bigane."
Item, p. 160. Though it be said, upon the faith of our
historians, that three Frenchmen got considerable posts in
this kingdom, yet I can perceive no vestige of a commission
granted them, either in the Register of the Great or Privy
Seals. The only appearance of any such thing is the office
of Comptrollery to Barthilmo Wilemoir of that Ilk, dated
at Orleans, by the Queen, 8th January 1560-1, after the
death of her husband the French King.
Letter,1 Sir Nicholas Throckmorton to tlie Queen of England,
21st July 1567.
" To the Queenes Most Excellent Majestie — It may
1 This letter I have by the favour of the ingenious Dr Patrick Forbes,
who, with great industry as well as expence,has collected and deciphered,
and is just about to publish, a continued series of all the pubhc transac
tions through the whole course of the long and memorable Reign of
Elizabeth Queen of England, in the original accounts, which those that
had the management of affairs in their hands committed to writing,
and which, upon that account, I presume, will serve to set matters in a
far better light than hitherto they have been. I have seen a part of

ADVERTISEMENT TO THE READER. CXI
please your Majestie,1 synce the dispatche of my laste of the
19th of Julye, I have pressed theys Lordes to geve me aunswer
to suche thinges as I proposed unto them the 15th of thys
monethe ; and namelye to permit me to have accesse to the
Quene theire Soveraygne, without anye longer delaye ; and
lykewyse to satisfye your Majestie in the enlargement of
her. The Earle Moreton aunswered me, That shortelye
I should heare aunswer from them ; but the daye being
destyned (as I dyd see) to the Comunyon, contynuall preach-
ynge and comon prayer, they coulde not be absent, nor at-
tende matters of the worlde ; for, firste, they must seeke the
matters of God, and take counsell of Hym who could best
dyrecte them. Notwithstandinge he promysed there shoulde
be no delays used.
" And the same nighte, about 11 of the clocke, the Lard of
Lyddyngton came to me to my lodgynge, and delyvered me,
on the Lordes behalfe, thys wrytinge which I sende your
Majestie,2 sayinge, because the matter was longe, and
conteyned manye partes, theye thought good, for the helpe
of my memorye, to put the same in writynge ; for the which
I thanked him. Marye, I coulde have ben better contented
yf they woulde have subscrybed theyre names to the same.
He sayde that was needles ; for yt was but onelye to ease
this Collection, and can affirm that nothing comparable to it has hitherto
appeared, and that it justly deserves all manner of generous encouragement.
1 Paper-Office, an Original.
8 It is the same which begins p. 417 of this History, but the date is
evidently false, and instead of 11th should certainly be 21st of July, or
rather 20th, as having been delivered to Sir Nicholas the night before he
wrote this letter of the 21st. In that Paper, p. 419, 1. 34, Dr Forbes has
shewed that it should be read thus — " Every day to fecht a cruill battell.
What," &c. And that on p. 427, 1. 33, the reading ought to be — " Hvr ad
vantage, it mycht impede hir resolutioun to allow of our advyss ; quhilk,"
&c. Follows here the Schedule mentioned, p. 426, 1. 28, which I have
obtained from the same gentleman, viz. Barons of the Parliament, The
Earle of Athell, the Earle of Morton, the Earle of Glyncarne, the Earle
of Marre ; the Master of Montrose, caulyd Lord Grahame, heire to the
Earle of Montrosse ; the Lorde Hume, the Lorde Ruthen, the Lorde
Creghton of Saker, the Lorde Simple, the Lorde Innermeithe, the Lorde
Ogletre ; the Lorde of Craigmiller, Provost of Edinburgh ; the Comendator
of Drybirge, the Comendator of Cambusckenith, Mr James Magyll. — [The
references,^). 417, p. 419, line 34, and^i. 426, line 28, in this note, are to
the folios of Bishop Keith's History. The reader will easily find the
documents in Book II., Chapter XII. forming the second volume of the
present edition. — E.]

CX11 ADVERTISEMENT TO THE READER.
me of payne to cowche yt in wrytinge ; otherwyse your Ma
jestie woulde have beleaved what I had wrytten unto yow of
them, of myne owne reporte, without they're wryting or
subscryptyon. And yet, quoth he, the Quene and her
Counsell wyll know, that this comethe from us ; and the
rather, because I delyver yt yow on the behalfe of the
Lordes. I pressed to have accesse to the Quene theyre Sove-
raygne. He answered me, That, for that and other thynges
proposed by me on your Majestie's behalfe, I muste needes
tarye untill theyre assocyates weere joyned with them. This
parentarye aunswer beinge geven me, wherewith I shewed
myselfe nothynge contented, he sayde unto me, Sir, I wyll
talke more frankelye with yow than with anye man of your
natyon, weere yt not with my Lord of Leycester and Mr
Secretorye. Yow see our humors heere, and how wee be
bent. Let the Quene your Soveraygne and her Counsell be
well advysed ; for surelye yow run a cowrse which wyll breede
us greate peryll and trowble, and yourselves most of all.
Doe yow not see, that yt dothe not lye in my power to doe
that I fanest woulde doe, which is to have the Quene my
mistris in estate in person and in honor ? I know well
enoughe yt is not hydden from yow th'extremytie that the
chyfest of our Assemblye be in concerning th'endyng of thys
matter. Yow harde yesterdaye, and somewhat thys daye,
how bothe yow and I weere publykelye taxed in the preach-
ynges, thoughe we weere not named. Wee must be fayne
to make a vertue of necessytie, and forbeare neyther to doe
ourselves good, the Quene nor our countrye. And the
Quene your mistris had neede to take heede that she make
not Scotlande, by her dealynge, better Frenche than eyther
they woulde be or shoulde be. Yow see in whoose handes
restethe the power. You know the Frenchemen have a
sayinge, II pert le jeu qui laisse la partie (i. e. He loses the
game that quits the side). To my great gryeffe I speake
that the Quene my Soveraygne maye not be abyden amongest
us. And thys ys not tyme to doe hir good, if she be ordeyn-
ed to have anye. Therefore take heede that the Quene your
Soveraigne doe not loose altogether the good wyll of thys
companye irrecuperablye ; for thoughe there be some
amongest us which woulde reteyne our Prynce, people, and
amytye to England es devocyon, yet I can assure yow, if the

ADVERTISEMENT TO THE READER. CX1U
Quenes Majestie deale not otherwyse than she dothe, yow
wyll lowse all. And yt shall not lye in the power of your
well-wyllers to helpe yt, no more than yt dothe in our powers
now to helpe the Quene our Soveraygne.
" Agreable hereunto, yt may please your Majestie, yow
mycht perceyve be my lettres of the 19th of Julye, upon suche
groundes as I made my collectyons, that th'yssue of thys
great matter heere was lyke to be determyned by one of the
four degrees and endes in my sayde lettres mencyoned ;
albeyt I dyd pryncypallye relye by conjecture upon the twoe
laste and extremest. But nowe I have by assured intelly-
gence, notwithstanding this smowthe speache utlred by theys
Lordes in thys wrytinge which I sende your Majestie, they
bee resolved to put in executyon forthewith the coronatyon
of the yonge Prynce, with the Quenis consent, yf they can
obteyne the same ; promysynge her, that her conformytye
in thys matter shall assure unto her, that they meane not
neyther to towche her in honor nor in lyffe, neyther other
wyse to procede agaynst her judycyallye by waye of proces :
Otherwyse they are determyned to procede agaynst her
publykelye, by manyfestacion of suche evydence as they are
hable to charge her with. And for the perfectynge of thys
theyre entent, they have sent for all the Lordes and gentle
men which they thynke wyll conjoygne with them ; and, as
I understande, they make theyre accompte to ende thys
matter before the latter ende of thys monethe.
" They meane also, in the Prynce's name so crowned, to
governe thys Realme by nyne suche Noblemen and others
as I have named unto your Majestie in my former lettres ;
and, as far as I can understande, theye doe not meane to
suffer the Quene to departe forthe of theyre own garde,
neyther to passe forthe of thys Realme, albeyt the Frenche
Kynge or your Majestie woulde be pleased to have her, and
albeit the Frenche Kynge woulde deteyne the profettes of
her dowrye.
" Thys is also to be feared, that when theys Lordes have
so far proceded as to towche theyre Soveraygne in honor
and credyt, theye wyll never thynke to fynde anye salfteye
as longe as she lyvethe ; and so not onelye depryve her of
her estate, but also of her lyffe.
" When I had perused thys wrytinge delyvered me by

CX1V ADVERTISEMENT TO THE READER.
the Lard of Lyddyngton, I asked hym, howe far ' theys
wordes, Necessytie of theyre cause, in th'ende of the same, dyd
extend, and howe far they might be led? He made me
non other aunswer, but, shakynge hys heade, sayd, Vous estes
ung renard, (i. e. You are a very fox).1
" The Erie Bodwell, as I understande, hathe assembled four
or fyve smalle shyppes together. He hathe equipped and
manned the same, and myndethe, as yt is sayde, to use the
sea for his uttermooste refuge. He begynnethe, as I heare,
to spoyle at the sea alreadye : He meanethe to allure the
pyrattes of all countreys unto hym. It were good that your
Majestie's fleete from Islelande towke good hede that they
falle not into hys lappe.
" Mr Knox dothe in hys sermons daylye praye for the con-
tynuacyon of amytie betwixte Englande and Scotlande, and
dothe lykewyse admonyshe hys audytorye to eschewe theyre
oulde allyaunce with France, as they woulde flye from the
pottes of Egypte, which brought them nothynge but sugred
poyson : Notwithstandinge he dothe contynew hys seveare ex-
hortacyons as well agaynste the Quene as agaynste Bodwell,
thretnynge the greate plage of God to thys whoUe countreyand
nay ton, yf she be spared from her condigne ponyshement.2
" The Earles of Mar, Glenkerne, and Cassills, with the rest
of theys Lordes assoeyatts, wyll be heare, as I am informed,
the 24th or 25th of thys monethe, and not before.
" The Convencyon of all the churches, whereof I made men-
cyon in my last to your Majestie, notwithstandinge all my
perswacyons to the contrarye, dothe houlde ; and thys daye,
being the 21st of this monethe, theye are assembled in the
Tollebowthe, where they doe propounde such matters as
they intende to treate of at thys tyme. The Lard of Lyd-
dyngeton hathe trayvalled with soundrye of the wysest to
make them desyste from dealynge in anye matter which
dothe concerne the Quene, or thys cryme ; but, as far as I
can learne, yt wyll be verye harde to wyn thys at theyre
1 This is a plain confirmation of the remark I took the freedom to make
on the same expression [Book II. Chap, xii.], long before I had seen
this Paper.
2 And this likewise is a strong confirmation that much of the Queen's
miseries proceeded from Mr Knox. Consider also the manner of preach
ing narrated above in this very letter.

ADVERTISEMENT TO THE READER. CXV
handes : For they be verye audacyous, and yt appearethe
theyre hartes be mervelowslye hardened agaynst theyre
Soveraygne ; which God mollefye.
" Forasmuckle as I heare an inkelynge, that theys Lordes
doe meane to desyre me to assyste with them at the coro-
natyon of the Prynce at Sterlynge, it maye please your
Majestie that I maye knowe your pleasure howe to dyrecte
myselfe in that matter, in case I be by them so requyred.
" Thus I praye Almyghtye God to preserve your Majestie
in perfecte helthe, long lyffe, and prosperous felycytie. At
Edenboroughe, this 21st of Julye 1567.
" Your Majesties moost humble, faythefull, obedyent
servaunte and subjecte,
" N. Throkmorton."
Cartels of Lords Herries and Lindsay of 21st and 22d
December 1568.1
Nota. — Though the following Paper does not properly per
tain to the period treated of in this Book, yet since it bears
such affinity to one great event therein, perhaps the reader
may not be displeased to see it here.
" Lord Herreis— I am informit that ye haif spoken and
affirmit, that my Lord Regent's Grace and his companie
here present war guiltie of the abominable murther of the
King our Soveraign Lordis fader : Gif ye haif swa spoken, ye
haif syd untruely, and thairin lyed in your throt, quhilk I
will mentayn, God willing, against yow, as becomes me of
honour and duetie. Hereupon I desyre your answer. Sub
scryvit with my hand at Kingston the 22d of December
1568. " Pat. Lindsey."
Answer thereto carried by John Hamilon of Broomhill.
" Lord Lindsey — I have seen a wrytand of zours the 22d
of December, and thairby understandith zeir informit, that
I haif syd and afirmit that the Earle of Murray wham zee
call zeir Regent, and his company, are guiltie of the Queen's
husband's slaughter, fader to our Prince ; and gif I syd it,
that 1 1yd in my throt, whilk zee will mantain against me as
1 Mem. Scot. torn. iii. F. 376, Col. Scot. Par.

CXVI ADVERTISEMENT to the reader.
becomis zow of zour honour and deutie. In respect thay
haif accusit the Queenis Majestie, mayn and zour native
Soveraign, of that fowl crime, far by the deutie that guid
subjectis aucht, or evir has bein sein to haif done to thayr
native Soveraign, I haif syd thair is in that company pre
sent with the Earle of Murray guiltie of that abominable
trayzoun, in the foirknawledge thairto that zee war privie
to it, Lord Lindsey, I knaw not ; and gif zee will say that I
haif specially spoken of zow, zee 1yd in zour throt, and that
I will defend as my honour and deutie becomis me. But I
wad anie of the principals that was their subscry ve the lyke
wrytand zee haif sent to me, and I sail poynt him furth, and
fight with any of the traytoris theirin ; for meitist it is that
traytoris sail pay for their awn trayson. Of London, 23d
December 1568. " Herreis."
Note. — Because the publisher of the Collections relating
to the History of Mary Queen of Scotland, has not thought
fit to insert this following Paper at p. 93, vol. iv. Part II.
I have therefore given it here to the readers, and I am
hopeful it will discover somewhat to them which perhaps
that gentleman has wanted to conceal.
The Queen, to the Duke of Norfolk, the Earl of Sussex, Sir
Balph Sadler, Her Commissioners at York, 16th Octoberl5QQ}
" We grete yow well. We have of late receaved your severall
letters of the 9th and 11th of this moneth, with all such
other matters conteyned in sundry writings, as by your said
letters hath ben mentioned. Upon consideration wherof
with such of our Counsell as now attend upon us, we have,
after good deliberation, found such difficulties how to make
a certen resolute answer unto yow, as we are rather moved
to have furder advise of others of our Counsell now absent,
and likewise of yow ther, then presently to make any sod-
dayn and incertayn determination upon the wholl body of
the matter. Wherefore like as we meane to send for certen
of the Lords of our Counsell as be now absent, to have and
use their advise, so we are desirous to have some under
standing of your opinions, and therwith also to fecle the
1 Paper-office, an Original, from Dr Forbes' Collections.

ADVERTISEMENT TO THE READER. CXV11
minds of both the parties with whom you have there to doo.
For which purpose we wold have yow, Sir Raff Sadleir, make
your repaire hither to us, as yow may with spede, by whom
having your advisees therto, we may be asserteyned in certen
questions and matters conteynd in a writing here included :
And likewise we desire to have here the L. of Lyddyngton
and James Makgill ; and on th'other parte, the Lord Hereys
and the Abbot of Killwynning. And yet for the procuring
of them to come hither, we think good these meanes be
used : We wold have yow to declare unto the Commissioners
on both partes, ether severally or joyntly together, that
upon the complaints made on the Queen's behalf, and the
answers made therto on th'other parte, wherof yow have
sent us the true copies, and have required to know our fur-
der pleasure for your furder proceeding, we have found it
very necessary, for our owne information, and for the more
spedy and good ending of the wholl matters, to have some
one of ether party, ether of the Commissioners themselves,
or of such as they shall allowe, to come hither unto us ;
with whom, as with persons of understanding, and having
creditt, we may so conferr, as therby we may finally tak
some resolution how to direct the doing of yow our Commis
sioners for the spedy ending of the wholl cause, wherein you
may saye, We do find certen such difficulties, as without
such a conference by way of speche with some of ether party,
we cannot give yow such a direction as might, without fur
der delay of time, by sending to and fro, make an end of the
wholl cause, for the commodity and satisfaction of both
parties. And having propounded this motion unto them,
yow may, as of yourselves, procure the Queene's parte to
allowe of the sending of the Lord Hereys, and of the Prince's
parte to send the Lard of Lyddyngton, if yow shall think
that th'Erle of Murrey will committ as much trust unto
him as we think he is here able to conceave and discharge
in conference with us. And therwith yow the Duke and the
Erie may adde, That yow wil be bold to send Sr Raff Sad
leir likewise unto us, to be present with them at our Con
ference ; who may be therby the meter at his returne with
them to bryng" to yow our perfect resolution for the wholl
matter. And this being don and accorded, we think it
good that some privat motion be made apart to the Abbot

CXV111 ADVERTISEMENT TO THE READER.
of Killwynning, by way of a frendly manner, to advise him,
in respect of the Duke of Chatilrault's cause, to come upp
and be here at this Conference also. And if it be found
that Lyddyngton shall not be thought by the Erie of Mur
rey mete ynough for his parte, than though he send any
other of his colleges in commission with hym, yet we cold
be content that Lyddyngton might also come, in respect of
the acquayntance he hath here. For the time of their
comming, you may move them to use as much diligence as
themselves shall allowe of, and as soone as yow can, to wryte
therof unto us. And the more willyngly to induce them of
the Queen's parte therunto, who we think will most suspect
the same, we wold have yow to use all good meanes, wherby
the Queen may understand that this our conference is en-
tended to take away the delay of time, which of force we
see like to ensue, by sending to and fro by way of letters
and writing betwixt us and yow our Commissioners, in such
uncertayn sort as we cannot see any lyklood, but by this
meanes, how to end this cause in honorable sort, and mete
for all partes.
" In the dealyng herin, yow shall doo well to have good
regard that none of the Queen of Scotts' Commissioners may
gather any dout of any evill success of her cause, but that
they may imagyn this conference of ours principally to be
ment how hir restitution may be devised with suerty of the
Prynce hir sonne, and the Nobilite that have adhered to
hym ; and therin yow shall doo well to understand ther in
tentions in as manny resonable degrees as may be devised,
so as at the comming of yow, Sr Raff Sadleir, we may have
the more facilite to treate therof.
" Furdermore, consideryng, uppon the repayre of these
partyes hither, and uppon lack of answer to yow, how yow
shuld furder procede, ther will be an abstynence of treaty
betwixt yow the Commissioners : And that we understand
how yow, our coosyn of Norfolk, might doo us very good ser
vice to view our frontyers, before your retorn out of the
North, we have thought good to remitt it to your consi
deration, whyther in this time of abstynence yow might,
usyng therin some spede, repayre to our frontyers. Which
if yow maye conveniently doo without danger to your helth,
than we will and require yow, and by these presents we doo

ADVERTISEMENT TO THE READER. CX1X
authorise yow to repayre to our three frontyers, that is to
saye, the Est, Middle, and West ; and calling the Wardens to
yow, and such others as yow shall thynk mete, inquire uppon
what occasions our sayd frontyars ar become weake in
nombres of English people, and speciall of horsmen, and in
any other thyng requisit to be redressed : and theruppon
we will yow in our name to gyve express ordre to cause all
meanes be used that you shall fynd mete to reform the same.
And generally for the trust we repose in yow, we authorise
yow to putt in execution, as far furth as the time may serve,
and for the time to come, to command the execution of all
such good ordres as hath bene devised of late tyme for
strengtheing of the countrey by inclosures, by repayryng of
decayed houses, by causyng officers and freeholders to dwell
uppon ther chargees and housees, and by seeludyng from
the frontyars the frequent inhabitation of Scottish people :
Of all which, with many such lyke of late, we have perceaved
our coosyn of Hunsdon, Warden of our Est Marchees, hath
found no meane fault to the diminution of our strength.
And though this tyme may seme very short for so great a
service, yet knowing how both the defalts and remedyes ar
redely knowen, we thynk your presence by our authoritie
will doo more good to the puttyng the reformation in exe
cution, than a long abode of new Commissionars. And so
whilest yow the Duke is absent, yow, our coosyn of Sussex,
may have more lesure to enter into the acquayntance of
your chardg of the presidency, from which we thynk this
other Treaty hath somewhat detayned yow."
To p. 48. Haldenrig is not in the shire of Merse, but in
Teviotdale, now a part of the shire of Roxburgh, a large
mile south-east from Kelso.
To p. 84, near the close of the note1 — In all ten, Mr
Sadler says, in presence of the greatest part of the Nobility.
Were the matter of any moment, the readers would form
the best judgment by themselves, since this gentleman ac
knowledges the Cardinal, whose sway was then very great,
and his complices were absent.
To p. 202. See the Bond, &c. as contained in Knox's His
tory, anno 1732.
1 [The third note which commences on p. 83 of this volume. — E.]

CXX ADVERTISEMENT TO THE READER.
" At Aberdeine, 5th January 1558-9. The counsall gevin be
theDeyne and Cheptour of Aberdeine to my LordBischope of
Aberdeine the Ordinar, at his Lordschipis desyre, for Befor-
mation to be maid, and stancheing of Hereseis pullelant within
the Diode of A berdeine, and the ordour prescrivit to be ob-
servit to the samyn effect.
" Inprimis, that my Lord of Aberdeine caus the Kirkmen
within his Lordschipis Diocie to reforme thameselfs in all
thair slanderus maner of Lyving, and to remove thair oppin
concubinis, alsweill grete as small, under sic panis as is con-
tenit in the Law and Actis Provincial! : And the Cheptour
of Aberdeine sail do siclyk amangis thame in all scharpest
maner conforme to the law, alsweill on thameselfis as thair
servandis, or ony uther personis dwelland under thair juris-
dictioun. Item, For preching to be maid within the haill Diocie,
that thair be send letteris monitoris upon the haill Parsonis,
Abbottis, andPrioris,to caus preching to be maid within thair
kirkis betwix this and Fasternis-evin nixt, at leist anis in
ilk paroche kirk, and anuther tyme betwix that and Pasche,
with continewation, conforme to the Actis Provincial],
under panis contenit thairintill ; and failzieing thairof, that
my Lord caus send ane preehour to everilk kirk that is not
prechit in Lentroun thaireftir, and to tak up the panis
thairof, to be applyit to certane precheouris to be send throw
the Diocie, and letteris to be direct thairupoun, upon the
fermoraris thairof, conforme to the Statut Provinciall, swa
that the peple be nocht in danger becaus of the inlack of
precheing of the trew Catholik Fayth. And sicklyk, seques-
tratioun of all frutis to be maid, usque ad reformationem
Ecclesiarum, pro parte Bectorum ; and writtingis to be maid
thairupoun be my Lord to thame all that ar absent, to cum
and mak residence within the Diocie and Chanonrie of Aber
deine, and to reforme the kirkis, and caus prechingis to be
maid thairintill, according to the Actis.
" Item, To this effect the Statute of Residence to be putt
to executioun, conforme to the fundatioun super septima.
" Item, Anent the ordour and procedeing twicheing re-
formatioun of sic enormeteis as is within the Dyocesie.
" Inprimis, To send ane summondis — ' contra infamatas

ADVERTISEMENT TO THE READER. CXX1
personas de hwrese, quod compareant coram Episcopo, Decano,
et Capitulo, suis in hac parte Consiliariis et Assessoribus, ad
videndum et audiendum se plecti et puniri, secundum juris
exigentiam, et qualitatem delicti, vel purgandum se purga-
tione canonica : Nee non et propter absentiam ab ecclesiis
suis parochialibus, diebus saltern Dominicis ,• et signanler,
quia non dedignantur1 interesse sacrificio Missw.' And
quhen thai cum, to examine thame — ' quid sentiunt de Sacra
mento altaris, et de pot estate Ecclesiw, et sacrificio Missw,
et reliquis Ecclesiw sacramentis ;' and to gif resoun of thair
fayth and beleif, secundum discretionem examinantis, con
forme to the Scriptour : Quhilk summondis salbe send to
thair dwelling-placis that ar within the Diocie, and execut
be ane preist-notar, with thre honest wyttnessis at the leist,
becaus thai cum nocht to thair paroche kirkis, or at thair
paroche kirkis on ane Sounday, or ony solemnit haly day.
" Item, To this effect to constitute Maister Nicoll Hay
scribe in this besynes, a*ud Maister Thomas Freser and
Alexander Paip procuratoris-fiscallis in this and uther causis,
and every ane of the thre to haif ten merkis, to be payit at
the Senzie be the Deyne of Mar, and to be allowit in his
comptis. And in lyk maner, Maister Robert Lumisdale,
principall Procuratour Pensionar bayth to my Lord and
Cheptour, to be requirit to procure in the samyn ; and the
forsaid scribe to direct all letteris, and to be subscrivit be
him, demandato reverendi Patris, and to haif ane speciall
seil to be maid to that effect ; and quhat beis done thairintill,
my Lord to ratify, stand at, and appreve in all poyntis.
" Item, To require my Lord Huntlie, Balzie of the Bischop-
rik of Aberdeine, and all utheris fewaris of the samyn, for
outsetting, defence, and mantenyng of the Catholik Fayth,
to be present with my Lord of Aberdeine, and at his Lord
schipis seitt at the dayis appoyntit, conforme to thair bandis
respective' ; and in cais of my Lord Huntlie's absence, to
caus sum principall landit man of his Lordschipis kyn to be
in reddynes in his Lordschipis place, as he beis requirit, for
assistere. " Item, To send certane Granatouris to New Aberdeine,
Banchorie-Ternan, Echt, Kynerne, Midmar, Auchindoire,
1 Sic in autogr. pro dignantur.

CXX11 ADVERTISEMENT TO THE READER.
and Kierne,1 to moneis all thai that ar art, parte, reid or
counsall of the byrnyng of the kirk of Echt, or casting down
of ymages in ony kirkis within the Diocie of Aberdeine, to
revele the samyn to my Lord Aberdeine, or his Commissaris
in that part ; and cursyngis to be execut solemnitlie thair
upoun at the mercat-croces of New Aberdeine and Auld
Aberdeine. And that the premissis, be the help of God,
may tak the bettir effect, the Deyne and Cheptour forsaidis
humlie and hartlie prayis and exhortis my Lord thair Ordi-
nar, for the honour of God, releif of his awin conscience and
weill of his Lordschipis Dyosie, eveting of gretar sclander :
And becaus all thai that ar contrarius to the Religioun Cris-
tiane promittis faythfull obedience to the Prelatis, swa that
thai will mend thair awin lyvis and thair inferiouris, con
forme to the law of God and haly Kirk ; In respect herof,
that his Lordschip wald be sa gude as to schew gude and
edificative example in speciall, in removing and dischargeing
himself of cumpany of the gentilwoman be quhom he is
gretlie sclanderit;2 without the quhilk be done, dyvers that
ar pertinax sayis, thay can nocht accept counsall and cor-
rectioun of him quhilk will nocht correct himself. And in
lyk maner nocht to be owr familiar with thame that ar sus
pect contrarius to the Kirk, and of the new Law ; and that
his Lordschip evaid the samyn, that quhen his Lordschip
1 [The places referred to, exclusive of the town of Aberdeen, are the
present parishes of Banchory-Ternan, Echt, Kincardine O'Neil, Midmar,
Auchindoir, and Kearn, the last-mentioned now annexed to Tullynessle
and Forbes as one parochial district. — E.]
2 This Bishop was William Gordon, a son of the Family of Huntly, and
this reprehension serves to confirm the bad character Archbishop Spotis-
wood gives of him. — [He was the fourth son of Alexander third Earl of
Huntly, and the last Roman Catholic Bishop of Aberdeen. Arch
bishop Spottiswoode's account of Bishop Gordon is most severe. — " This
man," says the venerable Primate, " brought up in letters at Aberdeen,
followed his studies a long time in Paris, and returning thence, was first
Parson of Clatt, and afterwards promoved to the See. Some hopes he
gave at first of a virtuous life, but afterwards turned a very epicure, spend
ing all his time in drinking and whoring. He dilapidated the whole rents
by feuing 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." History of the Church and State of Scotland, folio, Lon
don, 1677, p. 107. Bishop Keith, in his " Catalogue of Scottish Bishops,"
omits any notice of Bishop Gordon's licentious conduct, of which the
above document is unfortunately an undeniable proof. — E.]

ADVERTISEMENT TO THE READER. CXX111
plesis to vesey the feyldis to repois himself, cheis sic Com
pany as efferis till his Lordschipis awin estate ; and caus
his Lordschipis servandis to reforme thair selfis, becaus
nixt himself it seims him to begyn at his awin houshald.
Quhilkis premissis being done, the saidis Deyne and Chep
tour belevis in God that all sail cum weil, to the honour of
God, and generall reformatioun of the haill Dyocie of Aber
deine ; and thai promes to his Lordschip thair hartlie con
currence and assistence, with honour, service, and obedience
at thair uter power.
" Rob. Erskine, Decanus Aberdonen. Arthurus Taillefere de Crechmond.
Patricius Myrton, Thesaurarius Abd. Jacobus Gordoun de Lonmay.
Ja. Strachauchan a Balhelvy. AVh.lei.mus Cambell de TuUynessill.
Joannes Leslie de Murthlaki SSR. Alexr. Bryd, Subcentor.
Joannes Watson de Clat SSR. Alexr. Anderson, Subprincipalis CacusAbd."

[In reference to the Articles of Heresy preferred against
Sir John Borthwiek, the son of William third Lord Borth-
wick who was killed at Flodden, printed by Bishop Keith,
and forming No. IV. of his Appendix, p. 335 of the present
volume, the following observations by Principal Lee of the
University of Edinburgh are in the first volume of the
Bannatyne Miscellany, Edinburgh, 4to. 1827, p. 253,
254. They are inserted as prefatory remarks to the re
versal of the sentence, or " Declarator in the Court of the
Superintendent of Fife, 1561," which was pronounced by
Winram. — " His (Sir John Borth wick's) condemnation as
a heretic is transiently noticed by several of our historians,
and the articles preferred against him, with the answers
which he published after his escape, have been inserted by
Fox in the second volume of his Acts and Monuments.
From Fox the account of the process is professedly copied
by Keith, in his Appendix to the History of Scotland ; but
he has omitted several material parts of the charge, which
were faithfully detailed by Fox, particularly that which re
lates to the reading of the New Testament in English, and
other prohibited books. The translation from the Latin,
both in Fox and Keith, is in some parts so inaccurate, as
to be quite unintelligible." Principal Lee observes that
1 Afterwards Bishop of Ross.

CXX1V ADVERTISEMENT TO THE READER.
Winram is inaccurately named Winton by Keith." This,
however, may be a typographical error, like another which
the Bishop himself pointed out in his Errata, accidentally
overlooked in the present volume. Among the personages
who attended the trial of Sir John Borthwick was Robert
Abbot of Kinloss, and not Abbot of Kelso, as printed by the
Bishop. Our Historian in his Errata says — " for Kelso, read
Kinloss." The charges against Sir John Borthwick occupy five quarto
pages of small print in Latin ; but whatever may be the merit
of the translation, it is evident that Bishop Keith is not so
censurable as the learned Principal inclines to think, seeing
that he refers to Fox as his authority. After all, the most
important passage omitted thus commences—" Viz. specialiter
et in specie Novum Testamentum in vulgari Anglice impressum,
QScolampadium, Melanctonem, et diversos Erasmi, et diver-
sorum aliorum hereticorum condemnatorum necnon et lib-
rum Unio Dissidentium," &c. A comparison of the trans
lation of the " Act or Process against Sir John Borthwick,"
as transcribed by Bishop Keith from Fox, fully corroborates
Principal Lee's statement as to its inaccuracy. — E.]

CONTENTS OF VOLUME FIRST.

INTRODUCTION.
PAGE
CONTAINING AN ACCOUNT OF THE FORM OF THIS WORK 
A VIEW OF THE SCOTTISH NATION FOR SOME TIME BEFORE
THE REFORMATION  AND THE FIRST RISE OF THE
SEPARATION FROM THE CHURCH OF ROME . 1
BOOK I.
CHAP. I.  CONTAINING AN ACCOUNT OF CHURCH AFFAIRS
FROM THE FIRST DAWNING TOWARDS A REFORMATION
IN RELIGION, ANNO 1527, TO THE DEATH OF KING
JAMES V., ANNO 1542 ... 13
CHAP. II.  CONTAINING AN ACCOUNT OF STATE-AFFAIRS
FROM THE TIME THAT KING JAMES V. TOOK THE AD
MINISTRATION OF THE GOVERNMENT UPON HIMSELF,
ANNO 1524, TO THE DEATH OF THAT KING, ANNO 1542,
TOGETHER WITH HIS CHARACTER . . 32
CHAP. III.  A CONTINUATION OF THE AFFAIRS OF STATE,
FROM THE DEATH OF KING JAMES V., ANNO 1542, TILL
THE DESCENT MADE UPON SCOTLAND BY THE ENGLISH
NAVY, ANNO 1544 . . . 63
CHAP. IV.  CONTAINING AN ACCOUNT OF CHURCH AFFAIRS
FROM THE DEATH OF KING JAMES V., ANNO 1542, TILL
THE MURDER OF CARDINAL BEATON, ANNO 1546 . 89
CHAP. V.  CONTAINING AFFAIRS OF STATE FROM THE
DESCENT MADE BY THE ENGLISH NAVY, ANNO 1544,
UNTIL THE ADVANCEMENT OF THE QUEEN-MOTHER TO
BE REGENT OF THE KINGDOM, ANNO 1544 . 114
CHAP. VI.  CONTAINING AN ACCOUNT OF CHURCH AFFAIRS
FROM THE MURDER OF CARDINAL BEATON, ANNO 1546,
TILL THE SETTING UP OF THE CONGREGATION, ANNO
1558 . . . . .144

CXXV1 CONTENTS. PAGE
chap. vii. — containing an account of state affairs
from the beginning of the queen dowager's
regency, anno 1554, until the last parliament
thereof in the end of the year 1558 . 160
chap. viii.  containing an account of public affairs
from the month of november 1558, until the
taking of the town of perth by the congregation
in the end of june 1559 . . . 177
chap. ix. — containing an account of public affairs
from the taking of the town of perth by the
congregation in the end of june 1559, until the
act of deprivation made by the said congregation
against the queen-regent in the end of october
the same year .... 211
chap. x. — containing an account of public affairs
from the suspension of the queen-regent in the
end of october 1559, until the treaty made at
berwick betwixt the queen of england and the
lords of the congregation in the end of february,
anno 1559-60 . ... 241
chap. xi.  containing an account of public affairs,
from the finishing of the treaty at berwick
between the queen of england and the lords of
the scottish congregation in the end of february
1559-60, until the death of the queen-regent on
the 10th of june anno 1560 . . 263
chap. xii.  containing an account of public affairs
from the death of the queen-regent on the 10th
of june 1560, till the establishment of the re
formed doctrines by the estates of the kingdom
in the month of august thereafter . 286

APPENDIX TO BOOK I.

I. — The Form of the Indulgence granted by Pope Leo X. 330
II. — The Sentence pronounced against Mr Patrick Hamilton ib.
III.— Friar Seton's Letter to the King . . .332
IV. — The Act or Process against Sir John Borthwick . 335
V.— Orders of Parliament .... 341

CONTENTS. CXXV11 PAGE
VI. — Act annulling tlie Treaty of Peace and Marriage betwixt
Mary Queen of Scotland and Henry VIII. King of Eng
land, and Edward Prince of Wales . . 341
VII. — Act empowering Cardinal Beaton, &c, to treat with the
Ambassadors of France . . . 345
VIII. — Letter from James Earl of Arran, Governor of Scotland,
to Henry VIII., King of England . . 347
IX. — Letter of King Henry of France to the Estates of Scotland, 348
X. — Approbation, &c. of the Scottish Commissioners, &c. 349
XI. — Contract of Marriage, &c. . . 353
Commission by the Estates of Scotland to certain of their
Number to go into France, there to negotiate the Marriage
of the young Queen Mary with the Dauphin 359
The Queen's Commission to the same Persons to act for her
in the intended Marriage . . . 361
XII. — Oath of Fidelity by the Scottish Commissioners in name of
the Estates of Scotland to the Dauphin of France as King
of Scotland, &c. . . . . 363
XIII. — XXI. — A Letter from Sir Henry Percy concerning the
Affairs of Scotland ..... 364
Memorial of certain Points meet for the restoring of the
Realm of Scotland to the ancient weale, written by my
Lord Treasurer (i. e. Cecil) with his own hand, 5th August
1559 . ..... 368
A Short Discussion of the "Weighty Matter of Scotland,
August 1559 .... 370
A Letter from Sir Ralph Sadler and Sir James Croft to the
Council of England . . . . 377
Orders (sent, as appears, from England) for the Maintenance
and Governing of the Garrisons of Horsemen and Foot
men, 4th November 1559 ... . 380
Minutes of a Letter from Sir Ralph Sadler to Mr Randolph,
4th November 1559 .... 381
Another, 5th November 1559, . . . ib.
A Letter from Sir Ralph Sadler and Sir James Croft to Mr
Secretary Cecil . . . . ib.
A Letter from the Lords of Scotland to Sir Ralph Sadler 383
A Letter from Sir Ralph Sadler and Sir James Croft to Sir
William Cecil . .... 384
A Letter in cypher from Mr Randolph to Sir Ralph Sadler
and Sir James Croft, decyphered . . . 387
A Letter from the Council of England to Sir Ralph Sadler
and Sir James Croft ..... 389
The Order sent with the Bishop of Amiens and La Brosse,
from the King and Queen of France and Scotland, for
quieting the Troubles in Scotland . . . 390
A Letter from Sir Ralph Sadler and Sir James Croft to
Secretary Cecil . .... 393
Knox's Letter to Mr Railton, 23d October 1559 . 395
John Knox, in his own hand, under the name of John Sin
clair, of 25th October 1559, to Sir James Croft, Captain
of Berwick ... . . 397

CXXV111 CONTENTS. PAGE
Copie of Sir James Croft's Letter to Knox, answering to the
above . . . . ¦ 399
Sir Ralph Sadler and Sir James Croft to Sir William Cecil 400
Knox to Mr Croft, 29th October 1559 . . 402
Mr Henry Bamaves to Mr Croft . . 403
XXII.— A Breefe Consideration of the Weighty Matter of Scot
land ..... 407
Instructions given by the Queen's Majesty to William
Winter, Esq. Master of the Ordnance of Her Majesty's
Admiralty, sent at this present to the Seas with fourteen
armed ships to sail to Scotland . . 408
Part of an Answer to be said to Monsieur de Seury the
French Ambassador, by commandment of Her Majesty
(the Queen of England), the 17th day of February 1559,
by Sir William Cecil and Sir John Mason, Knights 410
A Memorial to be sent to the Queen Dowager of Scotland,
(11th April 1560,) by Chapperon, in cyphers, decyphered 411
XXIII.— XXIV.— A Letter from the Council of England to Secre
tary Cecil, &c. . . . . . 413
A Letter from Sir William Cecil to the Queen of England 414
XXV.— Acts of the Scottish Privy Council . . 416-461
Bulla Indulti pro Serenissimo D. Jacobo Scotorum Rege, ad
percipiendum fructus Ecclesiarum et Monasteriorum
omnium ad unum annum a die cujuslibet illorum vacationis
computandum, ut infra, 1534 . . . 461
Processus super Bulla Confirmationis Collegii Justitie Seren-
issimi Domini Scotorum Regis semper Illustrissimi, 467
[The subjects of the other Documents in Bishop Keith's voluminous
Appendix to the First Book of his History, which are inserted without
specific titles, and consist of Letters, Representations, &c, are arranged
in the General Index at the end of Volume III. of the present edi
tion.— E.]

THE

INTRODUCTION,

CONTAINING
AN ACCOUNT OF THE FORM OF THIS WORK  A VIEW OF THE
SCOTTISH NATION FOR SOME TIME BEFORE THE REFORMATION
 AND THE FIRST RISE OF THE SEPARATION FROM THE
CHURCH OF ROME.
The reason that inclined the Author to undertake this Work, and
the manner after which he intends to prosecute the same.
,OTHING- being more wanted than a history
of our Scottish affairs from the beginning of
the Reformation of our religion downwards
to the present times, I have entertained a
design of endeavouring, according to my
ability, to supply that want to the public in general, and
to satisfy in particular the just desire of so many persons of
learning, curiosity, and distinction, who have long wished to
see such a history. I apprehended that I could not so well
acquit myself to the satisfaction of all in the forming thereof,
as by following closely the records of the kingdom, and such
private documents as are of an authentic character, and
which may well be received in any History as the vouchers
of these facts which they are brought to justify ; yet, as by
the injury of time, and of some malevolent spirits,1 there
1 Our Public Records were all carried off by Oliver Cromwell, and
though after the restoration of the Royal Family, they were ordered to be
returned by King Charles II. in the end of the year 1660, yet the ship in
which they were put having been lost at sea, a part of them only was
saved, as will best appear by this Act of our Parliament : — " Edinburgh,
llth January 1661. — The King's Majesty, and Estates of Parliament, con
sidering that the Public Records of this kingdom, which have been in Eng
land those years bygone, being by public order put into Major Fletcher's

Z INTRODUCTION.
are but few documents of that kind to be met with for several
years immediately succeeding the first commencement of the
Reformation in this kingdom, I hope I shall be readily par
doned if, instead of groping in the dark by the few helps I
could find out myself, I choose rather, when public docu
ments do fail me, to narrate with all brevity what former
historians have recorded of the transactions of those times.
But before I enter even upon the narration of those
events, which are commonly reckoned to be the first begin
nings of the Reformation, or at least the first dawnings to
wards one, it will not be amiss, in the first place, to take a
general view of the state of our nation about that time, to
the end the reader may be the better prepared for receiving
what follows, when he has previously seen, by the temper and
disposition of the nation, how likely any attempted change
in religion was to succeed, and by what means it would
probably be carried on.
A view of the state and condition of the Kingdom for some time
preceding the Beformation both as to secular and ecclesias
tical matters.
II. With respect to the Civil state of the kingdom.
There had been a continued chain of long and tedious mi
norities in the Royal Family, successively following each
other, for no less than six generations. This could not
fail to produce much weakness in the Government, by the
many factions among the nobility, with which minorities are
trust, to be earned hither in his Majesty's frigate called the Eagle,
whereof he is captain, and that they were necessitate through the violence
of a storm (which was so great as ship and all therein had almost perished),
to put fourscore five of these hogsheads into another ship — [by a preced
ing Act in favours of Major Fletcher, it appears that this ship belonged
to the town of Wemyss, whereof John Wemyss was master]— which since
is sunk and drowned with these hogsheads and records in her : And
that it is found by the trial and depositions of the witnesses taken in the
business, that Mr John Young, who was attending these Registers, did not
at all consent to the taking them out of the frigate, or putting them into
another ship ; do therefore exoner the said Mr John Young, and declare
him free of any accession to the loss of these Registers, and that he carried
himself faithfully according to his trust." — [The ship belonged to Burnt
island. Acta Pari. Scot, folio, vol. vii. p. 11. See the Observations on the
Public Records of Scotland at the conclusion of the Biographical Sketch
in the present Volume. — E.]

INTRODUCTION. *>
almost ever attended, and by the high contempt of the laws,
which proves the constant concomitant both of the one and
the other. Nor did it a little contribute to the weakness
of our Government, and consequently to the insolence of the
subjects, that the five Jameses were not only a long time
under age, but that they all died in the flower of it, before
they had leisure to reform the abuses which had crept in
during their minority, and to settle their government on a
steady foundation.1 In such a weak and perplexed situa
tion of the State as this was, it is evident that any intended
alteration could most easily make its way, and that the
managers of it would have little else to do but to enter into
bonds and associations, and briskly threaten the Govern
ment, if it should refuse to comply with their demands
though ever so extravagant. As this will hold true in
every distracted kingdom or state, so the last of the fore-
mentioned minorities in this kingdom, being that of Queen
Mary, who was left an orphan of a week old, was the most
dangerous of all to the peace and tranquillity of the same ;
but the most favourable juncture that could have fallen
out to an intended change in religion, the prince being a
very infant, and a female, and she absent in a foreign country,
where she was to be married to a most Antichristian hus-
1 [After the feeble and inactive reigns of Robert II. and Robert III,, and
the equally inefficient regencies of his brother Robert Duke of Albany,
and Murdoch the son of the latter, James I., the son of Robert III.,
who at the death of his father in 1406 was only twelve years of age,
succeeded to the crown. His captivity by Henry IV. of England is well
known. James I. was in the thirtieth year of his age when he was restored
to his liberty and his kingdom, and he was murdered at Perth in 1437, in
the forty-fourth year of his age, by Sir Robert Graham, uncle of the Earl
of Strathearn, in the thirteenth year of his actual reign. His only son,
James II. succeeded him when only in his sixth year, and was killed by
the bursting of a rudely constructed piece of artillery at the siege of
Roxburgh Castle in 1460, in the twenty-ninth year of his age. His eldest
son, James III., was then in his eighth year, and was assassinated in
1488 in a miller's house, which is still partly standing, at the hamlet of
Miltown near Bannockburn, after fleeing from his insurgent subjects at
Sauchie in the neighbourhood. James IV. was in the sixteenth year of
his age when he succeeded his father, and fell at Flodden in 1513, in the
forty-first year of his age, leaving his only legitimate son, James V., little
more than a year and a half old. This monarch died in 1542 of a broken
heart, occasioned by the conduct of the Scottish army at the Solway
Moss, when his daughter and successor Queen Mary was only seven days
old.— E.]

4 INTRODUCTION.
band1 in the sense of the innovators, who from thence
would certainly take a strong handle to fill the minds of the
people with fears and jealousies, to spirit them up into fury
and rage against idolatry, and to create in them a hearty
dislike against the defenders and protectors of it.
Next, with respect to the Ecclesiastick state. The clergy
in Scotland were in possession of a great many lands and
revenues, which by donation pertained in property to the
Church ; and besides, the clergy, being almost the only men
of letters at that time, came of course to be advanced to the
highest places of honour and profit in the kingdom.2 By
means of both which fountains of wealth, they notonly
turned idle_and^ voluptuary themselves, bui^c^n^likewise
the objects of hatred to the great and of contempt to_the
small, so that tojraH them down both nobles andjcommons
couhijieartily agree.3^ The clergy had likewise fallen into
an error, noF peculiar to that period alone, jn omitting to
recommend to the people the weightier duties of the Law,
and instead thereof in making religion to consist much in
the practice of some human constitutions that did not
greatly touch the internal nature of it. Of this sort were
Pilgrimages, Indulgences, Donatives to the Church, Invo
cations of the Saints, Confessions, Penances, &c. ;4 some of
which things, though they might be indifferent, and per
haps good in themselves, yet being pressed and urged by the
clergy in preference to the more essential things of religion,
might afford ground to penetrating people to suspect, that
they had their own grandeur and establishment more at
1 [Queen Mary married the Dauphin, afterwards Francis II. of France,
in 1558. He was considered " antichristian " by Knox and his followers
for a reason well known. — E.]
2 [If we take into account the annual value of all the Bishoprics, abbeys,
monasteries, provostries, private chaplaincies, and altars, exclusive of the
parishes, it will appear undeniable that the Scottish Hierarchy before the
Reformation was more munificently endowed, considering the extent and
resources of the kingdom, the population of which was not a million, than
that of any Other country in Europe. — E.]
3 [We find in the history of the ancient Scottish ecclesiastics some who
were undoubtedly licentious, tyrannical, and ambitious, but many of them
were religious men, who acted as true patriots, and were zealous support
ers of the honour and independence of their country. — E.]
4 I suppose I scarcely need to advertise, that I intend not by this to
disparage the laudable discipline of the Church, nor to attack any practice
founded on the Word of God.

INTRODUCTION. °
heart than any thing else. And when these non-essentials,
which are the things that ought properly to have been called
Popery, shall once come to be called in question and can
vassed to the bottom, it is very plain they will not be able to
keep their ground long.
But this was not all : for the clergy, not being hitherto
accustomed to hear of any opposition made to the then
received doctrines of the Church, had of consequence taken
no care to instruct the people how to maintain or defend
their religious principles, if ever they should happen to be
attacked on that head. Nay, the truth is, the most part
of themselves were very ignorant, and unable to give the
people much instruction that way ; insomuch that even
Bishop Lesley complains, that the alteration in religion had
gained no small ground by the want of catechetical instruc
tion, to which he and others of the Roman Church like
wise add the too open licentiousness of many clergymen. But
that reverend author might have named other defects also in
the management of religion at that time, such as the want
of regular preaching,1 and the sealing up the Scriptures from
1 That preaching was but very rarely performed by the parish priests,
appears from the Preface to the Catechism set out by John Hamilton, the
last Popish Archbishop of St Andrews, concerning which book I shall
have occasion to speak afterwards, wherein he enjoins all the curates or
priests of the several parishes to read a certain portion of that book to the
people on Simdays, until he shall provide preachers, which thing he there
promises very quickly to do. It seems that Prelate saw the great advan
tage the new Reformers gained by preaching. Any thing of that kind
was formerly practised mostly by itinerant monks, so that it was not re
gular and stated, but merely accidental. Perhaps since that time we have
fallen into a contrary extreme. — [The Catechism to which Bishop Keith re
fers is entitled " The Catechism ; that is to say, Ane Comone and Catholik
Instructione of the Christine People in Materis of our Catholik Faith and
Religion, quhilk na gud Christin man or woman suld misknaw, set forth
by »e Maist Reverend Father in God Johne, Archbishop of Sant Androus,
Legatnait and Primait of ye Kirk of Scotlande, in his Prouincal Counsale
halden at Edinburgh the xxvi. day of Januarie the zeir of our Lord 1551,
with the advice and counsale of the Bischoppis and other Prelatis, with
Doctours of Theologie and Canon Law of the said Realme of Scotland,
present for the tyme." It is a small quarto volume, now very scarce,
printed in black letter, containing several hundred pages, or, as it is
marked, folios — the Title, Preface by the Archbishop, and " Table of
Materis," consisting of thirteen folios. The Catechism begins on the first '
folio, and concludes at folio ccvi, after which are three pages of errata,
and the typographical notice—" Prentit at Sanct Androus be the command
and expens of the Maist Reverend Father in God Johne, Archbischop

6 INTRODUCTION.
the people. By means of all which it could hardly miss but
most part of the people would quickly fall off, to men that
not only put these divine oracles into their hands, but public
ly taught and instructed them in the principles of Christian
ity, and who by a greater art of disputation than they had
been accustomed to hear, suggested unto them the weakness
and insufficiency of such doctrines and practices as they had
formerly been most conversant about.
Under these disadvantages lay the government of Scot
land both in Church and State at the time preceding the
reformation of religion. And though perhaps several other
circumstances might concur, yet I suppose even these already
mentioned may give the reader a pretty tolerable guess what
success an attempt of a change in religious matters might,
humanly speaking, be attended with.
What sort of Beformation might rationally be expected
from that view.
Finally, as to the manner whereby an alteration in reli
gion should be carried on. The situation of our public
affairs, and the aversion of our sovereigns to any such
alteration, will probably afford us no great prospect of
regularity to be observed therein. The only thing, in
that juncture, that could have contributed to a just and
moderate change, would have been the discretion of the new
preachers and the disinterestedness of the nobility. But
since that likewise was wanting, alas ! what confusion and
disorder must of necessity ensue? It is true, indeed, the
wealth of the Church, which was, no doubt, one great bait
of Sanct Androus and Primat of Je haill Kirk of Scotland, the xxix day
of August, the zeir of our Lord m.d.lii." It does not appear what number
of copies was printed, or whether it was literally sent to all the parishes.
The Catechism was authorized by the sixteenth Canon of the Provincial
Council which met in the church of the Black Friars at Edinburgh on
the 26th of January 1551-2, and is a general summary and exposition of
the principles of the Church of Rome written with great care, modera
tion, and considerable eloquence in the Scottish vernacular. It must,
however, have been little known to the people, and Lord Hailes justly
• observes that the Council which enacted it " used as many precautions
to prevent it from coming into the hands of the laity as if it had been
a book replete with the most pestilent heresy." Provincial Councils,
p. 36.— E.]

INTRODUCTION. t
to allure the nobility and gentry to favour an alteration
in religion, had formerly served exceedingly well to provide
the younger sons and daughters of families with livings suit
able to their rank and dignity. And therefore it might be
expected that a great part of the church-rents would be
left undilapidated for that very purpose, especially consi
dering that these rents were in some sort unalienable, and
so remained a sure and certain fund for this provision ;
whereas, were they once ravished from the Church, and
enhanced by particular families, they might sooner or later
come to follow the common fate of temporal estates, and so
be of no long use to the descendants of those who should
obtain them. But our great men could not endure to look
so far forward ; and the love of present gain so much pre
vailed with them against all prudent considerations, that
the mob itself, influenced by the preachers, was not more
keen to throw down the buildings, than the nobility and
gentry were to plunder the revenues of the Church.
I thought here to have put an end to this Introduction ;
but when I considered that the following History is to treat
of the reformation of religion within our kingdom, I thought
it not unfit here likewise to present the reader with some
account, how it first fell out that any change in that religion,
which had been established for so long a space, came to
take effect in other parts of the Christian world, and tnereby
to pave the way for its reception in this country.
Pope Leo X. grants Indulgences for the payment of money,
but his Bull meets not with a general good reception for
several reasons — The form of the Indulgence granted by
the Managers — Dr Martin Luther opposes the sale of the
Indulgences, and gains a considerable party — Whereupon
several persons that adhered to his sentiments were put to
death in different places, and in the Kingdom of Scotland.1
III. In the year of our Lord 1517, James V. of that
name being King of Scotland, and Henry VIII. King of
1 [Bishop Keith's remarks in this section of his " Introduction" are so
general as to render additional observations or notes unnecessary. Every
one is now familiar with the rise and progress of the great movement
in Germany known as the Reformation, so far as Luther was concern
ed.— E.]

8 INTRODUCTION.
England, the Papal authority received so formidable a blow,
and a rise was given to such a surprising ecclesiastic revolu
tion in Germany, where at that time Maximilian I., and
soon after Charles V. his grandson, was Emperor, that the
like thereof had not fallen out from the first institution of
that polity. The occasion of it was thus : —
John de Medicis, a young and expensive man, having been
raised to the dignity of the supreme Pontificate in the year
1513, by the name of Leo X. did, by his private extravagant
manner of living, and the great sums he laid out on the build
ing of St Peter's Church at Rome, begun by his predecessor
Julius II., reduce himself to such straits for want of money,
that he judged it expedient and was advised to have recourse
to the method of Indulgences, for obtaining a supply. By
Indulgences is meant a freedom from suffering the punish
ment due by the divine justice for sin; and of this dis
pensing power, or granting Indulgences, the Pope, % as vicar
of Jesus Christ upon earth, pretends to be the sole arbiter
and manager. Nor was this the first time that these Heads
of the Church had thought fit to grant this favour for the
payment of a piece of money ; and particularly the very last
Pope had put his hand, if I am not mistaken, to this part
of the Church's treasure.1 Whether, therefore, the frequency
of this extraordinary spiritual favour made it be less valued
and regarded, or that the people of Germany were generally
disgusted, when they understood that the moneys that should
arise in the northern parts thereof, from the Indulgences
granted at this juncture, were all assigned to the Princess
of Cibo, the Pope's sister, in satisfaction and for extinguish
ing of sums of money formerly afforded by that lady to her
brother, before he came to be Pope, I shall not take it on
me, nor is it my business here to determine. Only this is
certain, that the scheme did not now meet with that hearty
approbation and compliance, which no doubt was looked for
by the Court of Rome. There were likewise some circum
stances in the management of the Indulgences at this time,
that did not a little contribute to the disreputation of them,
1 [Julian della Rovere, a Genoese, was elevated to the Pontificate in
1503, and adopted the title of Julius II. He presented James IV. with
the Sword of State, on which his name appears, forming part of the
Regalia of Scotland preserved in the Castle of Edinburgh. — E.]

INTRODUCTION. 9
such as the1 farming them out to public officers ; the farmers
exposing them by public criers to the best bidder ; the
scandalous behaviour of the farmers, by squandering away
much of the money they received in taverns and infamous
houses ; the outcries of many poor persons, who justly com
plained that the ordinary alms given by the rich, was much
diminished by their traffic for Indulgences ; and, finally,
the too extensive form of pardon that was granted to the
purchasers. And because it is not improbable that this last circum
stance gave as great ground as any other to the subsequent
opposition that was made to the free course of the Indul
gences, I shall here set down in English the substance of
the2 form of Absolution as it was then given by John Tetzel,
a Dominican Friar, and sub-commissary of this affair under
Albert, Archbishop of Mentz, to whom the Pope had com
mitted in' chief the promulgation of the Indulgences in Ger
many : — " I absolve thee from all ecclesiastical censures, and
from all thy sins, how enormous soever. And by this plenary
Indulgence, I remit thee all manner of punishment which
thou oughtest to suffer in purgatory ; and I restore thee to
the sacraments of the Church, and to that innocence and
purity which thou hadst at thy baptism, so as at death the
gates of Hell shall be shut against thee, and the gates of
Paradise shall be laid open to receive thee. In the name
of the Father, and of the Son, and of the Holy Ghost.
Amen." During this spiritual merchandize there flourished in the
University of Wittemberg, a certain professor named Martin
Luther,3 a canon regular, looked upon by many to be the
1 Seckendorf and Maimbourg, Hist. Lutheranism.
s See the complete original Form in the Appendix, No. I.
3 It is a pity to see what boundless and unmannerly freedoms the seve
ral parties of Christians allow themselves in reproaching each other. Since
Luther's separation from the Church of Rome, those of that Church have
handed about and published most bitter invectives against him, some
whereof are as ridiculous as they are false, such as his having been begot
by a devil upon his mother in the form of her husband. He was, by the
concession of his very enemies, a man endued with a great genius and
excellent abilities. He left the study of law and applied himself to that
of divinity, upon occasion of one of his fellow-students having been struck
dead by thunder in his presence, after which time he turned more in
ternal and spiritual than are the generality of men. His reputation was

10 INTRODUCTION.
most learned of all his Order, and a principal ornament
of this University lately set up in that city by Frederick
Duke of Saxony. This man, who had sometime before made
appear in his public disputations, that he was not altogether
satisfied with the dry scholastic theology then in vogue, and
that he laid but little stress on the sentiments of the later
doctors, began now, in his sermons, to depreciate the value
which some people were ready to put upon Indulgences,
He represented them as ineffectual to salvation without a
religious life — that they could not be much esteemed by any
but soft, cowardly, or superficial Christians, who had not
will nor courage to tread the paths of true religion — that
nothing but the merits of Jesus Christ could redeem from
damnation — and that, with respect to the furnishing of
money for building St Peter's Church at Rome, he thought
alms was in the first place due to the poor and indigent ; in
the next place, to the building of churches in the parts
where men have their residence ; and afterwards, if people
had a mind, they might out of their superfluities bestow
a share on St Peter's Church. These things he proposed
at first with a good deal of modesty, and apparently, or
rather certainly, without any formed design to make a breach
from the Church, to which he professed that he submitted
himself and all his doctrines, and wrote a letter to the
Pope owning and acknowledging that his submission. And
so great, that his Order made choice of him to go to Rome to manage some
of their affairs, which he did to so good purpose, that after his return
the Vicar-General appointed him to be honoured with a doctor's cap, and
the ceremony was performed at the expense of the Elector his sovereign.
He was then only thirty years of age, and six years before this, viz. in
the year 1507, he was received into the holy order of priests. He was
doubtless a man of a very extraordinary fortitude, who had courage to
oppose himself to the whole power of the Church. But if there was a
divine hand in the affair, as it is very likely, certainly a man of his bold
ness was the proper instrument. Some people have observed, that ac
cording as his party prevailed, in proportion doth appear in his writings
greater self-sufficiency and less dependence upon God. If it is so, it was
certainly a weakness in him, but let the person that is without this sin
first cast a stone at him. He was born at Islebe, in the county of Mans-
feld in Saxony, on the 10th November 1483, and died there likewise on
the 18th February 1546. It is not true that he first debauched a nun, and
then set himself to oppose the Church ; for he did not marry Catherine
Boren before the year 1524, nor was there any former unlawful dealing
betwixt them.

INTRODUCTION.

11

indeed it is not easy to conceive, how it could ever enter into
the mind of any one single person, at least one so incon
siderable, even supposing him to be pretty well supported,
to be able to bring about so great an alteration in Church
matters, as did in a very short space afterwards ensue.
And it is more than probable, that if gentle and more
prudent methods had been taken with him, that is, if the
Pope and those entrusted by him had thought fit to con
demn the certain and real abuses that Luther complained
of, all the noise and bustle raised by him might have quickly
been hushed. But their misfortune was that the quite
contrary of this was practised ; and the principal persons
of the Dominican Order,1 who thought themselves mostly
concerned at this time, as having the whole management
of the sale of the Indulgences committed to them, did by
their writings and interest at Rome so widen the breach,
that an accommodation became daily more difficult. The
Pope, who, bating worldly interest, was not thought to be
a great enemy to Luther, was brought over to publish a
new Bull in confirmation of Indulgences, and in 1520 to
excommunicate Luther. He, on the other hand, being an
undaunted man, and finding his doctrine secretly applauded,
1 This Order had increased in credit and reputation at Rome from its
first foundation. The author of it was one Dominic, born at Calaroge, a
village of Old Castile in Spain, in the year 1170. Pope Honorius III.
granted him a Bull for his new projected society, under the title of Preach
ing Friars, i. e. fellows or brethren, on the 22d December 1216. Dominic
himself, and one of his Order ever since, have been masters of the Pope's
Palace. By this dignity, they were entitled to the power of nominating
such persons as should preach in the Pope's own chapel, and even pub
licly to rebuke the preacher in the very presence of the Pope, if any thing
was found to be reprehensible in the sermon. And the present Pope Leo
X. had prohibited the printing of any book whatsoever at Rome, or in the
district thereof, without the approbation of the Cardinal Vicar, and the
Dominican master of the palace. The habit of the Order is a black
garment above a white. With us, they were called Black Friars. —
[Dominic de Guzman, the founder of the Dominicans, Black Friars,
or Preaching Friars, was born about A. D. 1170 at Calagueraga, a small
town in the Diocese of Osimo in Old Castile. He died in 1221, and was
canonized by Pope Gregory IX. in 1235. It does not appear that one
of the Dominican Order now holds the situation of Master of the Papal
Palace. Leo X. was not the " present Pope," when Bishop Keith published
this " History," but was the well known and celebrated Pope at the period
of Luther's Reformation, to whom the author must allude. The passage is
ambiguously expressed, as if the prohibition noticed was the act of Pope
Clement XII., who filled the Pontifical Chair from 1730 to 1740.— E.]

12 INTRODUCTION.
was not idle ; he writes, protests, appeals, and at other
times submits upon certain conditions. However, all ended
in this, that he, who at first had bogled to call in question
the Pope's authority, did afterwards disclaim it altogether ;
and not only so, but having been highly nettled with the
public burning of his Confession and doctrines, which he
had now enlarged to a good bulk, he, in retaliation, burnt
the Canon Law and the Pope's Bull, whereby all future
hopes of a reconciliation were utterly lost. In fine, the
fame of the man, and the solidity of his doctrines in the
general, did gain so upon the world, that he soon saw him
self master of a great many disciples and followers ; and
the Church of Rome began to see her error too late in not
gaining that despicable monk, as at first he was called,
at any rate. Whole provinces and kingdoms did forsake
her communion, and another such blow had done much
to raze her from the very foundation. It was the sense of
this great defection from the Church, that made the Bishops
in the several kingdoms keep a very strict eye, and call in
the aid of the secular powers to punish such persons as
shewed any liking to the Lutheran heresy. Other kingdoms
may perhaps afford more numerous examples of severity on
this score, but this small and more remote country in
which we live can likewise boast, that it hath not been
sparing of blood to give testimony to what was believed
to be truth. The instances will be seen in the following
narration.

HISTORY
OP THE affairs of
CHURCH AND STATE IN SCOTLAND.
BOOK I.
FROM THE FIRST COMMENCEMENT OF THE REFORMATION
TO THE ESTABLISHMENT THEREOF ANNO 1560.
CHAPTER I.
CONTAINING AN ACCOUNT OF CHURCH AFFAIRS FROM THE FIRST
DAWNING TOWARDS A REFORMATION IN RELIGION ANNO 1527,
TO THE DEATH OF KING JAMES V. ANNO 1542.
[ R PATRICK HAMILTON,1 son to Patrick
Hamilton of Kincavil, sometime Captain of
the Castle of Blackness, being in his younger
years provided to the Abbacy of Fearn in
Ross-shire, had received at home some hint of ..
the doctrines propagated by Luther ; and in his travels in \
Germany became acquainted with the principal persons that >
1 Mr [George] Buchanan tells us very gravely that he was nephew to the
Earl of Arran and to the Duke of Albany, and Mr [John] Knox refers us
to Mr Fox for an account of his birth, by whom we are told that he was of
a high and noble stock, and of the King's blood. But it is worthy to be ob
served that his father was only a bastard of the Lord Hamilton. Vide Char
ters, Books 1. and 13. James IV. And if he was nephew to the Duke of
Albany, his mother must likewise have been only a bastard of that Prince
of the blood, seeing we hear of no daughter at all la,wfully procreated by
Duke Alexander : or if there had, it is not to be supposed that she would
have been given in marriage to a bastard son of the Family of Hamilton.
Every person will perceive that Mr Hamilton's birth has been magnified,
merely to draw the greater odium of cruelty upon the clergy. But such
indirect methods are very unbecoming, and much to be avoided. Arch
bishop Spottiswoode has been drawn into the same mistake by the fore-men
tioned Historians. — [Sir Patrick Hamilton of Kincavil in Linlithgowshire
was the illegitimate son of James second Lord Hamilton, created Earl of
Arran in 1503 ; but he was legitimatised by charter under the Great Seal

14 THE HISTORY OF THE AFFAIRS [1527-8.
supported the same. At his return into his own country, full
of conviction of the truth of these sentiments,he adventured, in
his discourses, to lay open the corruptions of the Church, and
to discover the errors that were crept into the christian doc
trine and worship. Mr Hamilton's management in this was so
displeasing to the clergy, that he was soon after apprehended
at St Andrews, whither he had been enticed to come under
colour of a friendly conference, and the very next day was
presented before the Archbishop of that See, assisted by the
Archbishop of Glasgow, and several other Bishops and dig
nitaries ; and the matter was so hotly pursued, that after a
hearing or two he received a sentence declaring him heretic,1
and giving him over to the secular power to be punished.
And the same afternoon, being the last day of February
I527-8,2 he was carried out and burnt before the gate of
St Salvator's College in that city. His patience and con
stancy in the midst of the flames were so remarkable, that
many persons scrupled not to say that he died a true martyr
of Christ. Drummond attributes this execution to a revenge
of a private quarrel against the Earl of Arran.3
After this execution several persons in all quarters of the
kingdom began, of course, as it seldom fails in such cases, to
in 1512. Great Seal Register, lib. xviii. number 136. The Abbot of Fearn
was his younger son by Catherine Stuart, an illegitimate daughter of the
Duke of Albany, brother of James III. He was merely titular Abbot of
Fearn in Ross-shire,for he does not appear to have been in holy orders. — E.]
1 See the Articles of Heresy specified in the sentence pronounced
against him, Appendix, Number II.
s Some say the 1st day of March ; and perhaps the sentence of the
secular judge might not have been given till the next day after the ec
clesiastic sentence, which bears date the last day of February ; or perhaps
the different account may have arisen from there being twenty-nine days
in February that year.
3 [The statement by Drummond of Hawthornden is asfollows : — "About
this time the Archbishop of St Andrews and other churchmen, in revenge
of the spoiling of his houses and pursuing himself, for various questions
of religion burn the Earl of Arran's brother's [illegitimate] son, Mr
Patrick Hamilton, and banish Mr Patrick's brother James, sheriff of
Linlithgow." History of Scotland from the year 1423 to the year 1543.
Glasgow edition, 1749, p. 252. This reference to the opinion of Drummond
of Hawthornden cannot be supported by any satisfactory evidence. It is
clear that the fate of Hamilton was intended to terrify the people, and it
was more than probable, so hastily was the execution carried into effect,
that some days elapsed before Arran knew any thing of it. In reality, he
had no time to interfere if he had been inclined, for he was at his own
castle, nearly eighty miles from St Andrews. — E.]

1533.] OF CHURCH AND STATE IN SCOTLAND. 15
inquire into the articles for which Mr Hamilton had been so
severely treated, and many did entertain favourable senti
ments concerning them ; and divers of the religious them
selves did from that time forward declaim openly against the
lewd behaviour of their brethren the clergy ; and particu
larly in that Lent one Seton,1 brother to Ninian Seton of
Touch, of the Dominican Order, who was confessor to the
King, assumed the courage to recommend some of the new
doctrines from thepulpit. And when, in his absence at Dundee,
another of his own order had taken upon him to refute these
doctrines, Mr Seton at his return to St Andrews did boldly
confirm what he had formerly taught, and besides did declare
to the people the virtues, which St Paul requireth to be found
in a good and faithfid bishop. This piece of freedom was
not a little grating to the generality of the clergy ; and they
found the less difficulty to bring him into discredit at Court,
because, as it is reported, he likewise had used much freedom
in reproving of the King. So that Mr Seton, perceiving the
King's countenance to be altered towards him, and dreading
the power and influence of the clergy, thought fit to retire
from Court into England. But before he went farther, he
stopt some time at Berwick, from whence he wrote a letter
to the King,2 in which he declares the occasion of his sudden
departure, and begs the King would be pleased to communi
cate the same to the clergy. But no answer having been re
turned to his letter, Mr Seton proceeded afterwards on his
journey to London.
The next sufferer was Henry Forrest, a young Benedictine
friar,3 born in Linlithgow, who was burnt at St Andrews about
1533 for saying that Mr Hamilton was a good man, that
the articles for which he had been condemned might be well
enough defended, and that he died a martyr. Whilst con
sultation was held upon the manner of his execution, John
1 [Alexander Seton. He was afterwards accused of heresy before
Gardiner, Bishop of Winchester, in 1541, and was induced to renounce his
opinions. It is said that he died the following year in the family of Charles
Brandon, Duke of Suffolk, to whom he officiated as chaplain. — E.]
2 See Appendix, Number III.
3 The founder of this order was one Benedict, born in the year 480 at
Nursi in the Duchy of Spoletto in Italy. It has been the greatest Order
of all the rest ; and has produced, besides a world of holy and learned
men, many Popes, Cardmals, some Emperors, Empresses, Kings, and
Queens. The colour of this Order is black.

16 THE HISTORY OF THE AFFAIRS [1534.
Lindsay, one of the Archbishop's gentlemen, offered his ad
vice, for he was a plain simple man, to burn Friar Forrest in
some hollow cellar ; for, said he, the smoke of Mr Patrick
Hamilton hath infected all those upon whom it blew.
In the year 1534, Norman Gourlay and David Straiton,
two gentlemen, were brought to their trial at Holyrood-
house, before the Bishop of Ross, who sat judge by a dele
gation from the Primate, the then Ordinary of that place.1
The King, who was present at the trial, laboured much to
have them recant what was laid to their charge, or burn
their bill,2 as the phrase was at that time, as he had per
suaded some others to do ; but they persisted in their pro
fession, and were burnt at one stake on the 27th day of
August, at Greenside.3 The Pope granted the King this
year, or the preceding, the tenth of all ecclesiastical bene
fices for three years ; which was done, as some persons
have said, in order to render the King more hearty in giving
way to the prosecution of heretics.
Four years after this there was a meeting of Bishops
at Edinburgh, where the following persons were accused and
condemned, viz. Killor* and Beverage,5 two Black Friars ; Sir
1 [This Bishop of Ross was James Hay, who sat as Commissary for Arch
bishop James Beaton of St Andrews, in whose Diocese the Court was
held. Apart of the present Palace of Holyroodhouse was founded by James
IV., and the south-west portion by James V. (See " Liber Cartarum
Sanctse Crucis : Munimenta Ecclesise Sanctse Crucis de Edwinesburg,"
printed for the Bannattne Club, 4to. 1840, p. Iv — lviii. lxxi — Ixxiii.)
This trial took place in the abbey church of Holyrood or the Holy
Cross. Several persons were cited before the Court, some of whom ap
peared and recanted, but others fled. James and Catherine Hamilton,
the brother and sister of Patrick Hamilton, were among the number
summoned. The King advised the former, who was then sheriff of Lin
lithgowshire, to leave the kingdom as he could not save him, and he
deemed it prudent to retire. His sister appeared, and escaped by an in
genious reply. — E.]
2 The form of burning one's bill, or recanting, was this — the person
accused was to bring a faggot of dry sticks and burn it publicly, by which
ceremony he signified that he destroyed that which should have been the
instrument of his death.
3 An open field close on the east side of the highway between Edinburgh
and Leith, and near to the Calton. — [In the time of Bishop Keith this
locality was an open field, but it is now covered with houses. It is a deep
valley between the north side of the Calton Hill and the street at the head
of Leith Walk opposite Picardy Place, and still retains the name of
Greenside. — E . ]
4 Alias Kello. 6 [Or Beveridge. — E.]

1539.] OF CHURCH AND STATE IN SCOTLAND. 17
Duncan Simson of Stirling, a priest ; Robert Forester, a
gentleman of the same city1 ; and Thomas Forest,2 a Canon-
Regular of St Colm's Inch in the Frith of Forth,3 and vicar
of Dollar in Perthshire. These five were burnt on the Castle-
hill of Edinburgh the last day of February 1538-9.4
1 [Stirling never ranked as a city, and is merely a royal burgh. — E.]
2 Alias Forret, who, some say, was of the family of Forret in Fife, and that
his father had been Master Stabler, i. e. (as I take it), Master of Horse to
King James IV.
3 The Canons-Regular, (i. e. clergymen living together in one house
under a set of rules after the manner of the ancient monks), do all own
St Augustine, the famous Bishop of Hippo in Africa, for their founder.
He was born at Thagaste, near Hippo, in the kingdom of Numidia, in the
year 354. In process of time the Canons-Regular came to enjoy churches
and benefices.
4 [The execution took place on the 1st of March. They were strangled,
and their bodies were burnt. James V. witnessed this incremation from
the Castle of Edinburgh. In his " Household Book," under date March
1, 1539, is this entry — " Accusatio hasreticorum, et eorum combustio apud
Edinburgh ; Rege presente." It appears that on this occasion the cases
were chiefly from the town of Stirling and neighbourhood. Forrester,
the Only layman among those who suffered, was a notary. He had a
relation, probably his brother, who was also accused of heresy, but who
abjured or recanted, though his goods were confiscated with those of
other burgesses of Stirling. Pitcairn's Criminal Trials, 4to, Edinburgh,
vol. i. p. 252, 253. Two of the charges against Keillor the Dominican,
and Forrest, the vicar of Dollar, were extraordinary. According to the
Presbyterian writer Calderwood, they were libelled for being present at
the marriage of a priest who was the vicar of Tullibody, a parish now
suppressed, near Alloa, and having eaten animal food at the said marriage,
which happened to be celebrated during Lent. Keillor's chief offence
was that he had written a play or drama, such as those commonly per
sonified among the people before the Reformation about Christmas and
Easter, and in this play, which had been actually represented at Stirling
on Good Friday before the King, he had impudently delineated the
Bishops and clergy as the Chief Priests and Pharisees who persecuted our
Saviour. Forrest, the vicar of Dollar, had been originally connected
with the Monastery of St Colm, on the island so called in the Frith of
Forth opposite Aberdour, and his first serious impressions were derived
from the perusal of a volume of St Augustine, after his return from
Cologne, where he was educated at the expense of a lady in Fifeshire.
He had been often summoned before Archbishop James Beaton of St
Andrews and Bishop Crichton of Dunkeld, but as those Prelates were
indolent, and averse to severe measures, he was allowed to depart with
an admonition. He was on this occasion accused of preaching to his
parishioners of Dollar every Sunday from the Epistle and Gospel for the
day— a duty which chiefly devolved on the Grey and Black Friars, who
had previously complained of his encroachments on their privileges ; but
the general charge against the whole of them was that of being " here-
siarks, or chief heretics, and teachers of heresy." — E.] 2

18 THE HISTORY OF THE AFFAIRS [1539.
The same year one Russell a Grey Friar,1 and a young
gentleman of the surname of Kennedy, were delated of
heresy at Glasgow ; and, in order to secure their condemna
tion, some zealots2 were dispatched thither from Edinburgh
to spur forward the Archbishop of that See, Gavin Dunbar,
who was looked upon to be too cool in business of that
nature. Mr Kennedy's tender years inclined him to some pusilla
nimity, but he was soon fortified by the exhortation of
Russell, so as among other expressions he said — "Now I defy
death ; do as you please ; I praise God 1 am ready." Russell
having reasoned long and learnedly, says Bishop Spotiswood,
against his accusers, and being answered with railings and
bitter speeches, replied — " This is your hour and the power of
darkness ; now ye sit as judges, and we stand wrongfully
condemned, but the day cometh which will show our inno-
cency, and you shall see your own blindness, to your ever
lasting confusion. Go on, and fill the measure of your ini
quities." These words had a mighty impression on the Arch
bishop, insomuch that he was heard to say that these bloody
executions did great harm tb their cause ; but being over
awed by his zealous assessors, who represented to him that
he would not be esteemed the Church's friend if he should
take any milder course than that which had been taken
at Edinburgh, he gave way, and condemned the pannels
to be burnt alive. However, it was found afterwards that
this Archbishop had the best judgment in these matters :
for though several persons were put in prison for being
suspected of the heresy of Luther, and many were banished
into foreign countries in this same year, yet it was quickly
seen that the kingdom began to be divided much in point
of religion ; nor was it in the power of the King and Council
1 The founder of this order was one John, afterwards named Francis,
born at Assisi, a town of Umbria in Italy, in the year 1182. Pope Inno
cent III. approved his institution in the year 1210, but it was not con
firmed by a Bull till the 30th October 1223 by Honorius III. Those of
his society behoved to possess nothing but live by alms. His habit was a
grey coat, with a pointed cowl fixed to it ; but he allowed his monks to
have two coats, if necessity required. They go barefoot, and wear a cord
about their body, and are called Grey Friars.
3 [The " zealots " were John Lauder, Andrew Oliphant, and a friar
named Maltman. — E.]

1539.] OF CHURCH AND STATE IN SCOTLAND. 19
to bear down the new opinions from gaining ground daily.
But, as it generally happens in things of this kind, the greater
the public persecution was the greater still was the num
ber of those that embraced the cause of the sufferers.
In the harvest time of this year, 1539, died James Beaton,
Archbishop of St Andrews.1 He was son to the Laird of
Balfour in the county of Fife, and had been twenty-two
years Archbishop of Glasgow ; and was Chancellor of the
kingdom at the time of his translation to St Andrews, in
which see he lived seventeen years. He had the misfortune
to live in a time wherein the above mentioned persons were
put to death by his authority, though we are told by a worthy
successor2 of his in that office, that his natural temper was
neither violently set, nor was he much solicitous how matters
went in the Church.3 Before his death he had not only for
some time past committed the charge of all Church affairs to
Cardinal David Beaton his nephew, but he had likewise no
minated him to be his successor in the See of St Andrews.
To which nomination the King after his death was pleased
to consent, for the great affection he had for the old man,
who had suffered much from the Earl of Angus' faction.
The new Archbishop, a man of whom much will come
to be spoken, did very soon after his instalment take an
1 Vide Sadler's Letters, p. 17. a Archbishop Spottiswoode.
d There is a merry story related of this Archbishop, which perhaps
it may not be improper to insert here. The matter is this : — When the
faction of the Earl of Arran had determined, by the concurrent advice of
this Archbishop, who was then in the See of Glasgow, to lay hands on the
Earl of Angus whilst he was in the city of Edinburgh with only a few of
his friends and followers about him and suspecting no such deceit, as may
be seen in our historians, Gavin Douglas, the famous translator of Virgil
into Scottish verse, who was uncle to the Earl of Angus, and Bishop of
Dunkeld, was sent to the Chancellor to beg him, according to his offices
both spiritual and temporal, to use his interest to pacify the tumult that
was like to ensue in the streets, and to rescue his nephew from the danger
that threatened him. The Archbishop smote his breast with his hand, and
said—" In conscience, my Lord, I cannot help it." But his Grace, not being
aware that he had under his gown a coat of mail, the armour happened to
give a sound by the clap of his hand, whereupon the Bishop of Dunkeld
answered— "Ay,my Lord, I think your conscience clatters," i.e. rattles, or
is hollow. The Earl of Angus unexpectedly prevailed against the Earl
of Arran, who was fain to save himself by swimming over the North Loch
on horseback ; and in the fray, which fell out on the last day of April
1520, and was afterwards called Oleame-the-Causey, his Lordship lost about
eighty of his followers.

20 THE HISTORY OF THE AFFAIRS [1539.
opportunity to make a shew both of his own grandeur, and
of his sincerest intentions to prosecute all those who at that
time were termed heretics ; for he brought to St Andrews
a great many persons of the first rank, both ecclesiastics
and laics, to whom, being assembled in the cathedral church
of that city, he from a throne erected for the purpose did
represent the danger wherewith the Church was threatened
by the increase of heretics, who had the boldness to profess
their opinions even in the King's Court, where, said he, they
find but too great countenance ; and he mentioned by name
Sir John Borthwick, commonly called Captain Borthwick,1
whom he had likewise caused to be cited to that diet for
dispersing of heretical books, and for maintaining divers
articles repugnant to the received faith ; and he concluded
with a desire to those that were present, for obtaining their
concurrence and assistance in the execution of justice against
him. Then the articles of his accusation were read, but

1 Knox says he was or had been Provost of Linlithgow, and Sir Ralph
Sadler in his negotiations calls him Lieutenant of the French King's
Guard. — [Sir John Borthwick was received with open arms by Henry
VIII., who sent him on an embassy to the Protestant Princes of Ger
many with the view of forming among them a defensive league against
the Pope. Johnston, in his " Heroes of Scotland," says that " Sir John
Borthwick, a, noble knight, was as much esteemed by King James V.
for his exemplar and amiable qualities, as he was detested by the
order of the priesthood on account of his true piety, for his unfeigned
profession of which he was condemned, and though absent, his effects
confiscated, and his effigy, after being subjected to various marks of
ignominy, burnt. — This condemnation he answered by a most learned
apology which may yet be seen in the records of the martyrs, and, having
survived many years, at last died in peace in a good old age." Johnston
refers to Fox's " Book of Martyrs," which is a very partial and suspicious
authority. See the Articles against Sir John Borthwick in the Appendix
to the present volume, No. IV., and Fox, p. 1149, 1150. Sir John Borth
wick is said to have been one of the sons of William third Lord Borthwick,
who fell at Flodden in 1513. He is described in a charter under the Great
Seal, 21st August 1513, as next in succession to the son and heir of William
fourth Lord Borthwick. Knox and other writers call him Captain Borth
wick, and Sir Ralph Sadler in 1539-40 mentions him repeatedly as Lieu
tenant of the French King's Guards, and as a confidential and favourite
servant of James V. Sir John died between the years 1565 and 1570, at
which latter date William Borthwick is mentioned as son and heir of the
deceased Sir John Borthwick of Cinery, Reg. Mag. Sigil. lxxxiii. No. 55.
Information by Principal Lee of the University of Edinburgh, in the Notes
to " Wodrow's Biographical Collections," Glasgow, 4to, 1834, printed for
the Maitland Club, vol. i. Part II. p. 457, 458. — E.]

1539.] OF CHURCH AND STATE IN SCOTLAND. 21
neither Sir John, nor any person having a procuratory for
him, offering to appear, he was found guilty, and a severe
sentence was pronounced against him on the 28th of May
1540 ;x conformable to one part of which sentence his
effigies were burnt the same day in St Andrews, and two
days after at Edinburgh. Captain Borthwick after this
retired into England, and was employed by King Henry
to treat of a confederacy betwixt him and the Protestant
Princes of Germany. Yet all the stately appearance and
formidable severity of the Cardinal did not so far terrify
the people but that many of them fell off daily from the
Church ; so that the Cardinal and the other Prelates, being
very much vexed at the great increase of the favourers of the
new opinions, and being desirous by all means to keep them
under at least, if they should not be able totally to extirpate
them, gave advice to the King, as some have said, to lay heavy
taxes and impositions on those whom they called heretics.
And this advice being given to the King at a time when they
foresaw he might stand much in need of money, by reason
of an impending war from England, his Majesty went the
more easily into it, and for that purpose gave commission,
according to the nomination of the clergy, to Sir James
Hamilton of Finnart,2 natural brother to the Earl of Arran,3
to convene before him all persons suspected of heresy, and
to inflict the punishments they should be found to merit.
This Sir James Hamilton is said to have been a man
every way qualified for this commission, being both ambi
tious and cruel ; and whereas he had been lately in some
disgrace with the King for being too much of a party with
the Douglasses,4 he resolved now to insinuate himself into fa
vour by some eminent acts of severity. But the providence
1 See Appendix, Number IV.
3 [It is said that a promise was made to the King of 30,000 ducats of
gold annually, and 100,000 ducats more out of the estates of condemned
heretics, if he would appoint a judge in heresy. Sir James Hamilton was
the architect of that part of Holyrood Palace erected by James V., and other
royal edifices. For an account of his fate see the History of Scotland by
Drummond of Hawthornden, Glasgow edit. 1749, p. 285-288. — Appendix
of Additional Documents in the present volume, No. I. — E.]
3 Mr Buchanan thinks fit to call Sir James a bastard of the Family of
Arran. It seems that author can tell the whole truth, or a part only, just
as it makes for his purpose.
4 See concerning the Douglasses in the following Chapter.

22 THE HISTORY OF THE AFFAIRS [1540.
of God soon permitted an end to be put to his inquisition.
For another James Hamilton, brother to Mr Patrick Hamil
ton, the first sufferer upon account of religion, and who
had formerly been sheriff of Linlithgow, and was forced
to leave the country for abetting the new doctrines, but had
now obtained a licence for some months to return home
and put his private affairs in order, finding the whole cen-
sorian power to be lodged in his cousin's hands, and trust
ing to the bonds of consanguinity, had adventured to con
tinue longer in the country than his licence gave him pro
tection.1 But he was quickly made sensible of his mistake ;
for Sir James, being desirous to show his zeal in favour of
the clergy, had fully determined to make his cousin first of
all feel the effect of his power. Mr Hamilton, perceiving
the danger he was in, but knowing withal that Sir James
stood in some umbrage with the King, and judging that an
after game might be dangerous, designed to be beforehand
with him. For this purpose he directed his son to the
King, just as he was ready to cross the water2 to go into
Fife, advertising his Majesty that now there was great
necessity to take care of his preservation, for that Sir James
Hamilton was in concert with the Douglasses, against whom
the King bare an irreconcileable hatred, to assassinate him
somehow or other, and that he only waited for a convenient
time to put his wicked designs in execution. The King, who
was never regardless of any thing that was proposed for the
safety of his life, dispatched the young gentleman to Edin
burgh, and gave him his ring to be delivered to the Privy
Council as a token of the truth of the message. The Coun
cil,3 receiving the information from the young man, imme
diately caused Sir James to be apprehended, and shut up in
1 So is the story related by Drummond, and in the " Miscellanea Scotica,"
we are told that Mr Hamilton never thought himself safe while Sir James
was President of this new Court, who, though his near relation, was yet
his mortal enemy, because when Mr Hamilton was sheriff he had given
a cause against Sir James. But if the word indicium ought to be read
for judicium, in the place where Mr Buchanan writes of this matter, as
some learned critics think it should, then it would appear that Mr Ha
milton had obtained licence to come home on design to accuse Sir James.
2 [The " water" mentioned is the Frith of Forth.— E.]
3 Both Buchanan and Drummond make mention of Sir James Ler-
month, Master of the King's household, Sir James Kirkaldy, Treasurer,
and Sir Thomas Erskine, Secretary, to have been the principal persons at

1540.] OF CHURCH AND STATE IN SCOTLAND. 23
the Castle of Edinburgh, till a legal trial should be made of
the crimes laid to his charge, in order to which a criminal
court was held at Edinburgh on Monday the 16th day of
August 1540,1 in which Sir James was condemned to lose his
head. It is a good enough observation which is made by
one of our historians,2 after his relating of this back-blow of
fortune, namely — " That it is dangerous once highly to offend
a prince, and afterwards remain in his service, for princes
put old offences up as if neglected and forgot, and when
occasion serveth them, they surprize long after the delin
quents for some faults of which they are scarce guilty." It
is likewise said by the same historian — " That this sudden
downfall of Sir James Hamilton did mightily chill the spirits
of sundry of the nobility, who, though they loved not the
man, yet hated the example of such strict justice."3
Some of our historians tell us that the clergy, not being
at all abashed with the first misgivings of the project by
the downfall of Sir James Hamilton, did again renew the
same request to the king ; and that they delivered to his
Majesty a paper in which were contained the names of
about 360 persons,4 noblemen, gentlemen, and others, who
were suspected of heresy ; and with whose estates, they said,
least to whom the King sent his orders at this time, and who accordingly
went to Sir James Hamilton's house and apprehended him.
1 Registers, King James V. Our historians wander much both as to
place and time of this criminal court.
2 Drummond.
3 This is the common report of all our historians, but if there was any
thing censurable in point of justice done at this court the nobility and
gentry had themselves to blame for it, and not the King j for by the pub
lic records the inquest or assize consisted of these following persons,
viz. George Earl of Huntly, James Earl of Arran, William Earl Marischal,
William Earl of Montrose, Gilbert Earl of Cassillis, John Earl of Atholl,
Hugh Earl of Eglinton, Robert Lord Maxwell, Hugh Lord Somerville,
Henry Lord Methven, Malcolm Lord Fleming, Sir William Cunningham
Master of Glencairn, Hugh Lord Fraser of Lovat, William Lauder of
Hatton, William Cunningham of Glengarnock, David Ramsay of Dal-
housie, James Douglas of Drumlanrig, Robert Mowbray of Barnbougle, Sir
John Melville of Raith, John Lord Lindsay of Byres, James Lundie of
Balgonie. And the articles libelled against him were his devising and
attempting the King's death three or four several times.
4 [This story is very doubtful, and must be received with great caution.
It is not likely that either the clergy would have advised, or the King
would have seriously designed, such a dangerous project as to deprive so
many " noblemen, gentlemen, and others," of their estates. — E.]

24 THE HISTORY OF THE AFFAIRS [1540.
the King might enrich himself, and provide for his security
against the attempts of his uncle the King of England, if he
should think fit to make war upon Scotland upon account
of our King's having refused to meet him at York ; in
which case they likewise promised to afford the King a large
sum of money. After presenting this list to the King, we
are informed that Kirkaldy of Grange,1 then Lord Treasurer,
1 [Sir James Kirkaldy of the Grange, in the county of Fife. Beatson, in
his " Political Index," vol. iii. p. 84, mentions him as holding the office of
Lord High Treasurer from 1548 to 1555, instead of from 1540, which is
Bishop Keith's statement. According to the former, Robert Cairncross,
Abbot of Holyroodhouse and Bishop of Ross, was Lord High Treasurer
from 1537 to 1546, when he was succeeded by John Hamilton — illegiti
mate brother of the Regent Arran — then Abbot of Paisley, afterwards
Archbishop of St Andrews, who held the office till 1548, when Sir James
Kirkaldy was appointed. Bishop Keith, however, has followed Crawford
in his " Lives of the Officers of the Crown and of the State in Scotland "
(p. 374), who states, on the authority of Archbishop Spottiswoode (His
tory of the Church and State of Scotland, p. 109), that he was " advanced
to be Lord Treasurer upon the removal of the Abbot [Robert Cairncross]
of Holyroodhouse, the 24th of March 1537." This is corroborated by the
records of the Parliament. In that held in 1540 occurs on the roll —
" Ja. Kirkaldy, Thesaurer" (Acta Pari, Scot, folio, vol. ii. p. 356), and in
the first Parliament of Queen Mary, held in 1542, the lands and barony of
Kinghorn are mentioned as connected with some proceedings on the part
of " John sometime Lord Glammis," ancestor of the Earls of Kinghorn,
also created Earls of Strathmore. The lands and barony of Kinghorn
then belonged to Sir James Kirkaldy of Grange, " Thesaurer to our Sove-
rane Lady, by virtue of the gift made to him thereof by umquhile our
Soverane Lord, whom God assoilzie, as his charter and infeftment made
and given to him thereupon manifestly purports." (Acta Pari. Scot, folio,
vol. ii. p. 414). Sir James Kirkaldy, notwithstanding all the efforts of
Cardinal Beaton to disgrace him as an avowed favourer of the Reforma
tion, retained the favour and confidence of James V. till the death of that
monarch. When that King was on his way to Falkland Palace after the
rout of his army at the Solway Frith, he lodged one night in the mansion
of Hallyards, which then belonged to Sir James Kirkaldy, whose lady,
designated by Knox "ane ancient and godly matron," received the broken
hearted sovereign with much courtesy. In the above mentioned Parlia
ment of 1542, Sir James Kirkaldy appears among " the names of the
Lords to be upon my Lord Governor's [ Arran's] Council, and six to be aye
present at the least." (Acta Pari. Scot, folio, vol. ii. p. 414). He was
superseded, however, by the influence of Cardinal Beaton in 1543, and in
the Parliament held that year John, Abbot of Paisley, appears as " The
saurer." Sir James Kirkaldy was implicated in the conspiracy against the
Cardinal, and his eldest son was present at the inhuman murder of that
prelate on the 27th of May 1546 in the castle of St Andrews. For this
he was forfeited, and the lands and barony of Kinghorn were restored to
John seventh Lord Glammis, whose attainder was rescinded, and his
honours and estates restored, by Parliament in March 1543. Sir James

1540.] OF CHURCH AND STATE IN SCOTLAND. 25
dissuaded his Majesty much from pursuing any such advice;
and that the King thereupon did call some of the clergy to
him, and spoke to them in these terms, as recorded by Mr
Knox — " Pack, you Jefwellis, get you to your charges, and
reform your own lives, and be not instruments of discord be
twixt my nobility and me ; or else I vow to God I shall re
form you, not as the King of Denmark by imprisonment
doth, neither yet as the King of England doth by hanging
and heading, but I shall reprove you by sharp punishments
if ever I hear such motion of you again."1 And Sir James
Melville2 adds that the King should have said — " ' I shall
Kirkaldy returned to Scotland in 1550, and by the mediation of the Queen
Regent, mother of Queen Mary, made his peace with the Government,
by which he obtained repossession of his property. He lived quietly till
his death, which happened about 1558. He was the father of the cele
brated Sir William Kirkaldy of Grange, and of Sir James Kirkaldy, who
were both most unjustly and infamously hanged by order of the Regent
Morton at the Cross of Edinburgh on the 3d of August 1573, on the
false charge of rebellion, for holding out the Castle against his author
ity.— E.]
1 [This anecdote occurs in Knox's " History of the Reformation of Reli
gion in the Realm of Scotland," London, edit, folio, 1654, p. 30 ; and in
p. 28 of another folio edition printed at Edinburgh in 1732, purporting
to be " taken from the original manuscript in the University Library
of Glasgow, and compared with other ancient copies." In the London
edition the King is made to say to the clergy — " Pack, you jugglers ;" in
that of Edinburgh the words are-—" Pack, you josrells ;" and Bishop Keith
transcribes them — " Pack, you Jefwells." The Bishop has inserted the
right word. A JefweU or Jevel is a contemptuous term, the meaning of
which is now lost. Dr Johnson renders it a " wandering or dirty fellow,"
and another explains it as a trifler. (Jamieson's Etymological Dictionary
of the Scottish Language, vol. i. sub voce). The word occurs again in
Knox's History. Knox makes Chalmers of Gatgirth address the Queen
Regent on a certain occasion — " Madame, we know that this is the malice
and devise of these Jefwells, and of that Bastard" — meaning Archbishop
Hamilton of St Andrews. History, Edinburgh edit. 1732, p. 94. — E.]
2 [Sir James Melville, an eminent courtier in the reigns of Queen Mary
and James VI., and author of the well known " Memoirs of Affairs of
State in England and Scotland" during his own times, a correct edition of
which was printed by the Bannatyne Club in 1827, was the son of Sir
John Melville of Raith near Kirkcaldy, one of the murderers of Cardinal
Beaton, and of Helen, elder daughter of Sir Alexander Napier of Mer-
chiston who fell at the Battle of Flodden, great-grandfather of John
Napier, the inventor of Logarithms. It is appropriately said of Sir James
Melville that in his character little occurs worthy either of respect or
admiration, but he lived in an age when those who were not actual mur
derers or traitors were considered of a comparatively high standard of
morality.— E.]

26 THE HISTORY OF THE AFFAIRS [1540.
stick you with this whingar," and therewith he drew out his
dagger, and they fled from his presence in great fear. Mr
Knox says this same roll was offered of new to the King
immediately before he went to the Borders, in order to
engage the English at Solway Moss ; and that then the
scroll was thankfully received by the King, and put into his
own pocket, where it remained to the day of his death, and
then was found. However, he only says that in it were con
tained more than one hundred landed men, besides others of
meaner degree, among whom was the Lord Hamilton him
self,1 then second person of the realm. What may be the truth
of this story, either first or last, I shall not take upon me to
affirm or deny. It is certain that the Earl of Arran, in a
conference with Mr Sadler, mentions himself as having been
one of this roll ; but whether his Lordship said so from his
own knowledge of- the fact, or by report only, is the main
question.2 Whereas it is said that the roll was found in the
King's pocket after his death, that seems not to be very
probable, seeing it is allowed by the Earl of Arran likewise,
in a discourse with the same gentleman, and by all our
1 [Subsequently James second Earl of Arran. He succeeded his father
who fell at the conflict near Linlithgow, where he commanded the royal
army against his nephew the Earl of Lennox, in 1528. He was the grand
son of Sir James Hamilton of Cadzow, created Lord Hamilton in 1445,
and the Princess Mary, daughter of James II., and relict of Thomas Boyd,
Earl of Arran. His father married, as his third wife, Janet, daughter of
Sir David Beaton of Criech, Comptroller of Scotland, and the issue were
the second Earl of Arran, two sons, and four daughters. In 1542, on the
death of James V., the Earl of Arran was unanimously chosen Regent or
Governor Of Scotland with the applause of the people ; and the Estates of
Parliament passed an Act on the 13th of March 1542-3, declaring James
Earl of Arran, Lord Hamilton, to be the second person of the realm, and
nearest to succeed to the Crown, " failing our sovereign lady and the
children lawfully to be gotten of her body." (Acta Pari. Scot, folio, vol.
ii. p. 411). One of the first statutes of the Regent Arran was an Act allow
ing the Scriptures to be read in the vulgar tongue. He is subsequently
known in Scottish history as the Duke of Chatelherault. — E.] ¦
2 [The above story is very apocryphal, and Bishop Keith rightly assigns
to it no more importance than mere rumour. It is undeniable that such
a list was in existence, but public scandal only accused Cardinal Beaton
as the projector, and we find the Earl of Arran distinctly stating that,
though he was one of the number proscribed for confiscation, the King
himself, and not the Cardinal, caused the list to be prepared. The man
ner in which the King intended to accomplish his project, if he ever
seriously entertained it, is not apparent. No such list was found in the
King's possession at the time of his death in Falkland Palace. — E.]

1540.] OF CHURCH AND STATE IN SCOTLAND. 27
historians, that Cardinal Beaton was about the King at the
time of his death. And it is not very likely that his Emi
nence would let such a paper fall by, or escape him, which
he was sure could not fail to create him a world of trouble.
To blunder in so gross a manner was no part of the Cardi
nal's character.
But not to trouble the reader any longer with uncertain
accounts and guesses, I shall here present him with a view of
the several unprinted1 Acts of Parliament that passed
touching religion during this King's administration until the
time of his death; for by these he will best discover what
his Majesty's thoughts and intentions were concerning it.
See also an original dispatch mentioned in the next Chapter.
" 12th June 1535. — Act against Heretics for eschewing of
Heresy within this realm, and the pains thereof.2 — Our Sove
reign Lord ratifies and approves the statute made of be
fore by his Highness, in his Parliament held at Edinburgh
the 17th day of July, the year of God 1525 years, against
those who hold, dispute, or rehearse the damnable opinions
of the great heretic Luther, his disciples and followers,
or of any other heresy, with new addition, of which Act
and addition the tenor follows : — And our said Sovereign
Lord, for the zeal and love his Highness bears to the
Christian faith and the Holy Kirk, ordains and statutes
the said act of new. Item, It is statute and ordained, that
forasmeikle as the damnable opinions of heresy are spread in
divers countries by the heretic Luther and his disciples, and
this realm and lieges thereof have firmly persisted in the
1 [Not now unprinted, as the Bishop himself inserted them in this
"History,'' and as all the Acts of the Scottish Parliaments from 1424 to
1707 were printed by command of George III. See the conclusion of the
Biographical Sketch in the present volume. — E.]
2 [See Acta Pari. Scot. vol. ii. p. 295, 341, 342. It may be here observed
that printing was first introduced into Scotland under the auspices of James
IV., and it appears from a grant under the Privy Seal, September 15, 1507,
that one of thefirstpurposes to which the King directed the Act to be applied
was " the imprinting within the realm of the books, laws, acts of Parlia
ment," &c. ; but this work was never completed. No other books had
been printed in Scotland previous to 1525, and hence the purport of the
Act was to exclude the importation of the writings of Luther and his fol
lowers from the Continent. Their works, however, found their way into
Scotland in defiance of every prohibition. — E.]

28 THE HISTORY OF THE AFFAIRS [1540.
holy faith since the same was first received by them, and
never as yet admitted any opinions contrary [to] the Chris
tian faith, but ever have been clean of all such filth and vice :
Therefore, that no manner of persons, strangers that hap
pen to arrive with their ships within any port of this realm,
bring with them any books or works of the said Luther's
disciples, or servants, dispute or rehearse his heresies or
opinions, except it be to the confusion thereof, and that by
clerks in the schools allenarly, under the pain of escheating
of their ships and goods, and putting of their persons in
prison; and that this Act be published and proclaimed
throughout this realm at all ports and burghs of the same,
so that they may allege no ignorance thereof, and that other
the King's lieges, assistants to such opinions, be punished in
a similar manner ; and that none of them have, use, keepj or
conceal any books of the said heretics, or containing 'their
doctrine and opinions, but that they deliver the same to
their Ordinaries within forty days under the pains foresaid ;
and the effect of the said Act to strike upon them, and
letters to be directed to make publication hereof, in form
as effeirs.
" Eodem Die. — Against those who sustain the process of
cursing by the space qf forty days. — Item, Because the dam
nable persuasions of heretics, and their perversed doctrine,
give occasion to lightly (despise) the process of cursing and
other censures of Holy Kirk : For remeid hereof our Sove
reign Lord, in this present Parliament, has ratified and
approved, and of the new makes, constitutes, and ordains
the Act made of before by his Grace, with the advice of
the Three Estates of this realm in this foresaid Parlia
ment, against those who sustain contemptuously the pro
cess of cursing with new addition thereto : Of the which
Act and addition the tenor follows — Item, It is statute
and ordained, that because many and divers of the King's
lieges of this realm lie under the horrible sentence of
cursing, separate from the suffrage and prayer of the Kirk
and merit of the blood of Christ, to the damnation of
their souls, evil example, peril and danger of the other
good subjects of the realm : Therefore, when any of our
Sovereign Lord's lieges sustain damnably the said horrible
sentence of cursing for the space of forty days, whereupon

1540-1.] OF CHURCH AND STATE IN SCOTLAND. 29
caption ought to be given by the law, the party at whose
instance the persons are cursed shall have our Sovereign
Lord's letters to poind, press, and distress their goods,
moveable and unmoveable, for payment of the sums for which
they lay under the said sentence. And if the said persons
lie under cursing by the said space for not doing or fulfil
ling of any act or deed, in that case the persons their
creditors shall have letters in the first, second, third, and
fourth forms, according to the Ordinary's letters of cursing,
and this Act always to be no prejudice to them that like
to take captions. And although one person may be under
appellation that may stop the giving of such letters in man
ner above written, it is declared and ordained that no
appellation from sentence of defection of appellations before
interponed, shall stop the giving of such letters."
N.B. — The reader will find an addition to this Act among
the printed Acts.
" 14th March 1540-1. — That no man argue the Pope's
Authority. — Item, That no manner of persons argue nor im
pugn the Pope's authority under the pain of death, and
confiscation of all their goods, moveable and unmoveable.
" Eodem Die. — For reforming of Kirks and Kirkmen. —
Because the negligence of divine service, the great un-
honesty in the Kirk through not making of reparation to
the honour of God Almighty, and to the blessed Sacrament
of the Altar, the Virgin Mary, and to all holy saints ; and
also the unhonesty and misrule of Kirkmen, both in wit,
knowledge, and manners, are the matter and cause that the
Kirk and Kirkmen are slighted and contemned : for remedy
thereof the King's Grace exhorts and prays openly all
Archbishops, Bishops, Ordinaries, and other Prelates, and
every Kirkman in his own degree, to reform themselves,
their Obediences and Kirkmen under them, in habit and
manners to God and man ; and that you cause in every
kirk within your diocese under your jurisdiction, cure, rule,
reparations and reparation to be honestly and substan
tially made and done to the honour of God Almighty, the
blessed Sacraments, and divine service, every kirk after the
quality and quantity of the rents. And if any persons
allege themselves exempt, and will not obey nor obtemper to
their superior, in that behalf the King's grace shall find

30 THE HISTORY OF THE AFFAIRS [1540-1
remeid therefore at the Pope's Holiness, and such like,
against the said Prelates, if they be negligent.
" Eodem Die. — That no private Conventions be made to dis
pute on the Scripture. — Item, That none hold, or let be
holden in their houses or otherwise, congregations or con
venticles to commune or dispute of the Holy Scripture, with
out they be theologies approved by famous universities, or
admitted thereto by them that have lawful power. And in
likewise that no man, whatsoever state or condition he be,
lodge, receive, cherish, nor favour any heretic. And in case
any receive or know where they are, [they] shall incontinent
denounce and accuse them to the next lawful officer of jus
tice, under the pain to be punished as heretics.
" Eodem Die. — Of persons abjuring Heresy. — Item, If any
heretics have been abjured, or otherwise have been ad
mitted lawfully to penance and grace, none of them shall
converse nor commune with others on any matters touching
our holy faith, under the pain to be held as relapsers ; and
always that no persons that have been suspected of heresy,
howbeit they be received to penance and grace, shall in this
realm exercise, have, nor bruik [enjoy] any honest estate, de
gree, office, or judicatory, spiritual or temporal, in burgh or
without, nor nowise shall be admitted to be of our Council.
" Eodem Die. — Of Fugitives suspected and summoned for
Heresy. — Item, Where any are suspected of heresy, and law
fully summoned to answer for the same, are fugitive, that
they shall be banished and condemned as heretics ; and it
shall not be lawful to any man to solicit, procure, nor make
supplication for their purgation, reduction, or grace, under
the pain of being punished as favourers to the heretics ;
and the said persons fugitives not to be admitted to purga
tion, nor otherwise to reconciliation, nor yet to remain or
converse in our realm. Also, we forbid to all our subjects,
whatsomever estate they be, to present requests, make any
supplication, defend, supply, dyit (indite), or write, counsel,
help, procure, or make advocation, solicitation, labour, or
assist any way, to no heretics fugitives therefore, or other
condemned persons that are or have been of the said re
proved sect of heretics, to have or impetrate any grace of
their errors, which will no way be accorded to them, under
the pain of being punished as assisters to heresy.

1540-1.] OF CHURCH AND STATE IN SCOTLAND. 31
" Eodem Die. — Beward qf those that reveal Conventions and
accuse Heretics. — To stop the private congregations and con
venticles of heretics, where their errors are spread, that any
man that first reveals incontinent, or accuses any that has
kept the said conventions, if he has been one of them himself,
for the first time he shall be quit and absolved thereof, so that
he be a good Christian man, and have the right faith, he pro
mising never to intromit with the said errors in time com
ing. In case he be not of the said congregation, then he
shall have a part of the confiscation of him that he accuses,
as the Lords think expedient to statute and ordain. And
this to be extended to all them that reveal or accuse any
heretics to have a part of their confiscation. And that no
man may pretend ignorance hereof, that it be commanded
under pains to all sheriffs, provosts, and bailies of burghs,
to publish by open proclamation these acts at the head
places of their jurisdictions twice in the year."
I have omitted two or three Acts concerning the freedom
and liberty of the Church, the honour due to the holy Sacra
ments, and to the canonized saints, as not being very mate
rial. As to this last, command is given to pray to the
Virgin Mary, to intercede for a happy and prosperous life
to the King, and a severe prohibition not to cast down nor
treat irreverently the images of the holy saints.
By these Acts it will appear that the King had no mind
to introduce such a sort of reformation as his uncle had done
in England, which is likewise abundantly evident from his
own conference with Sir Ralph Sadler1 on that head. But
if he had lived for some time, I make as little doubt but he
would have taken care to cause the abuses be reformed which
had too much overspread the worship and practice of the
Church. This I think may be gathered from his own ex
pressions with the forementioned gentleman, and from what
we have already heard that our historians have related con
cerning him, but especially from that Act of Parliament con
cerning the reforming of kirks and Kirkmen.2
1 [See a subsequent note respecting Sir Ralph Sadler.— E.]
2 [The Acts cited by Bishop Keith were passed in the Parliament held
at Edinburgh on the 14th of March 1540-1, at which the King was
present. — E.]

32 THE HISTORY OF THE AFFAIRS [1524.

CHAPTER II.
CONTAINING AN ACCOUNT OF STATE AFFAIRS FROM THE TIME
THAT KING JAMES V. TOOK THE ADMINISTRATION OF THE
GOVERNMENT UPON HIMSELF, ANNO 1524, TO THE DEATH OF
THAT KING, ANNO 1542, TOGETHER WITH HIS CHARACTER.
After that John Stewart, Duke of Albany,1 was secluded
from the Regency by consent of Parliament on the 16th
1 He was son to Alexander Duke of Albany, brother-german to King
James III., against whom he, having been in rebellion, was forfeited and
banished the kingdom, after which he lived and died in France, where
this Duke John was born, who was afterward restored to his father's
dignity, and made Regent of Scotland, when the Nobles could not agree
among themselves who of their number should be advanced to that high
station after the Queen-Mother's marriage, whom her husband King James
IV. had by his latter will appointed to be Regent of the kingdom, so long
as she should remain unmarried ; but her Regency was of no long con
tinuance, she having married the Earl of Angus on the 6th of August
1514. The new Regent John, Duke of Albany, arrived in Scotland about
the middle of May 1515. His mother was a daughter of the Earl of Bo-
logne in France, his father's second wife, who had for his first consort a
daughter of Sinclair Earl of Orkney and Caithness, by whom he had a son
Alexander, but he, being a man of a soft spirit, did after his brother's ad
vancement to the Regency enter into holy orders, and became Abbot of
Scone and Bishop of Murray. The marriage also betwixt his father and
mother was declared to have been unlawful, and consequently he to be illegi
timate. However it is certain that in the time of Popery divorces were ob
tained, at least in this country, upon grounds so slender, that they might rather
be called no grounds at all. A gentleman who was lately Commissary of St
Andrews informs [me] that the leaves are all torn out of the books where
the divorces of any of our great men were registered. — [Alexander Duke
of Albany was the second son of James II. The date of his creation as
Duke of Albany is uncertain. Crawford assigns the year 1452, but in the
fifth Act of the Parliament held at Edinburgh on the 4th of August 1455,
he is mentioned as Earl of March and Lord of Annandale. The Act sets
forth that there shall be " no office in time to come given in fee and heritage,
and that the offices that are given since the decease of our Sovereign Lord
[James I.], that dede is, be revoked and annulled, except the Wardenry
of the March [Borders], which our Sovereign Lord has given to his son
Alexander Earl of March and Lord of Annandale." Acta Pari. Scot.
folio, vol. ii. p. 43. Before the Dukedom of Albany was conferred by
James II. on his second son, it had continued with the Crown as forfeited,
after the execution at Stirling of Murdoch second Duke in 1425. Alexander
Duke of Albany, effected, in 1479, a remarkable escape from Edinburgh
Castle, to which he was committed by his brother James III., who had
imbibed a prejudice against him and his other brother the Earl of Mar. He
was received on board a French vessel lying off Newhaven in the Frith of

1524,] OF CHURCH AND STATE IN SCOTLAND. 33
day of November in the year 1524,1 and the government
put into the hands of the young King, who was then only in
the thirteenth year of his age ; his Majesty found himself
in worse condition than before, being tossed hither and
thither by his mother and the nobility, according as this or
that faction of them prevailed. Archibald Douglas, Earl
of Angus,2 was at the head of the most prevailing party ;
and this nobleman kept the King in such restraint, that he
Forth. The Duke was forfeited, and his castle of Dunbar besieged and
surrendered. He met with a courteous reception from Louis XL, who
defrayed all his expenses. In 1482, he entered into a treasonable agree
ment with Edward IV. of England, by which the latter became bound to
assist him in reducing Scotland by dethroning James III., and he as
sumed the title of King as if by gift of Edward, to whom he was to do
homage. Albany, however, found means to effect a reconciliation with his
brother, but in 1483 he again quarrelled with the King, and renewed his
alliance with the English monarch. He was killed at Paris by the splinter
of a lance in a tournament with the Duke of Orleans and another knight.
He married Catherine St Clair, eldest daughter of William third Earl of
Orkney and also Earl of Caithness, but sentence of divorce was pronounced
in March 1478 by the Official of Lothian on account of propinquity of
blood, to which Bishop Keith refers. By this marriage he had a son
named Alexander, who became successively Abbot of Whithorn, Inchaf-
fray, and Scone, and Bishop of Moray, and who was declared illegitimate
by Act of Parliament in 1516. He died in 1534. The Duke of Albany
next married in February 1480-1, Anne de la Tour, third daughter of
Bertrand Count D' Auvergne and Bouillon, and by her he had John Duke of
Albany mentioned in the text, born in France, who wished to assume the
Regency of Scotland during the minority of James V. in 1514. On the
16th of November 1524, he was excluded from the Regency by the Parlia
ment held at Edinburgh, on the charge that he had neglected the govern
ment by absenting himself in France. (Acta Pari. Scot. vol. ii. p. 286.)
After various attempts at insurrection this Duke of Albany finally retired
to France before the passing of the above Act, and died at Mirefleur Castle
in Auvergne in 1536. — E.]
1 Records of Parliament, which, because they will serve to rectify the
confusion that appears to be in our historians about this time, I have
transcribed into the Appendix, Number V.
2 Though this Earl had the honour to be joined in marriage to the
King's mother, Margaret, eldest sister to Henry VIII., King of England,
yet some substantial grounds of disagreement having fallen out very soon be
twixt them, they separated by consent for some time, until the Queen after
wards pursued and obtained a divorce against the Earl. — [Archibald, sixth
Earl of Angus, was the eldest son of George, Master of Angus, who fell at
Flodden, and Elizabeth, daughter of John first Lord Drummond, and the
grandson of Archibald fifth Earl, commonly called the Great Earl, known
in Scottish history by the soubriquet of Bell-ihe-Oat. He succeeded his
grandfather in 1514, and married on the 6th of August that year Mar
garet of England, the widowed Queen of James IV. James second Lord
Hamilton and first Earl of Arran, warmly opposed the Earl of Angus,
3

34 THE HISTORY OF THE AFFAIRS [1524.
seemed to himself, as well as to others, rather a prisoner at
large than anything else. The Earl suffered no person to
alleging that his power was too great, and that he was so firmly attached
to the English interest, as to preclude them from having a free Parliament.
One of the results of the rival feud between Angus and Arran was the
bloody conflict on the High Street of Edinburgh on the 29th of April
1520, long known as Cleanse-the-Oomseway, mentioned by Bishop Keith in a
previous note (p. 19 of this volume), when Arran was defeated, and many of
his supporters and retainers were slain. The Earl of Angus was divorced
from Queen Margaret, who was his second wife, in 1525. By that alliance
he had one daughter, Lady Margaret, who married Matthew fourth Earl
of Lennox, eldest son of John third Earl of Lennox, noticed by Bishop
Keith in the text, who was taken prisoner in a conflict upwards of two
miles west of Linlithgow on the 4th of September 1526, and barbarously
murdered by Sir James Hamilton of Finnart, already mentioned as an
illegitimate son of the Earl of Arran. The issue of the marriage of
Matthew Earl of Lennox and Lady Margaret, daughter of Queen Margaret
and the Earl of Angus, was Henry Lord Darnley, the husband of Queen
Mary, and father of James VI. Darnley was also descended from the
Royal Family of Scotland by his grandmother, Lady Anne Stewart,
eighth daughter of John, Earl of Atholl, uterine brother of James II.
Queen Margaret, who was of a very changeable disposition, married in
1526, after her divorce from the Earl of Angus, Henry Stewart, created Lord
Methven in 1528, the second son of Andrew Lord Avondale. The Queen,
who by this marriage had one daughter who died in infancy, took offence at
Lord Methven also, and applied for a divorce on the 12th of June 1537,
which was actually written, and ready for public announcement, upon the
plea of forbidden relationship within the fourth degree of consanguinity,
on account of his corresponding relationship by consanguinity to the Earl
of Angus ; but James V., anxious to avert the ridicule which would be
attached to his mother if she again married, ordered it to be stopped.
Bishop Keith asserts (p. 32 of this volume) on the private information
of a gentleman who had been Commissary of St Andrews, that " the leaves
are all torn out of the books where the divorces of any of our great men
were registered." As this is a kind of intimation that it was wilfully
done by the interested parties, it must be received with caution. The truth
is that the Reformation was the main cause of the lamentable destruc
tion of the Scottish Records, and in the subsequent century the Regis
ters were kept in a careless and defective manner. The facility with
which divorces were obtained previous to 1560 by all kinds of devices,
fictions, and accusations, to which Bishop Keith alludes, is admitted by
John Major, who flourished before 1521. " He pointedly," says Mr Riddell,
" objects it as a national opprobrium,, that ' Scoti hac nostra tempestate
nimw leviter divortium procreant, et plerique Laici ad salutem anime exis-
timant, dummodo, in foro externo, falsorwm, testium testimonio, divortium
celebratur, et sic alms mulieres quas conjuges putant in adulterio contrect-
ant.' " Inquiry into the Law and Practice of Scottish Peerages, by John
Riddell, Esq. Advocate. Edin. 8vo. 1842, vol. i. p. 467. In the case
of Queen Margaret, whose divorce from the Earl of Angus was pro
nounced by the Consistorial Court of St Andrews in 1525, Mr Riddell
says — " It was upon the valid ground of a ^w-e-contract between him and

1528.] OF CHURCH AND STATE IN SCOTLAND. 35
come near his Majesty but those that were in his interest.
He obliged him to sign what writs he thought fit ; and
under the shew of the regal authority, he disposed of all
places and preferments, both in Church and State, to his
own creatures. A guard of his friends still attended and
waited about the King, who, being of a fine and aspiring
genius, could not bear such thraldom, nor to be so cooped up
by his own subjects. He discovered his uneasiness to some
of those he thought he could best trust, particularly to John
Stewart, Earl of Lennox, and begged that some method
might be fallen upon to deliver him from his present re
straint. Some attempts were accordingly made for his
Majesty's enlargement, which, however, by misgiving served
to no other purpose than the rivetting the Earl of Angus
more securely in his settlement. At last, in absence of that
Earl, his Majesty slipped out of his bed-chamber in the night
time, and made his escape from Falkland to the Castle of
Stirling, where the Queen, his mother, by secret intelligence
was looking for him. Upon this turn of affairs the King
commanded the Earl of Angus to confine himself be-north
the river of Spey, on design, no doubt, that, being removed
from his friends, who were most numerous in the more
southerly parts of the kingdom, he might be in less capacity
to disturb the Government. But the Earl, disregarding the
orders, as did likewise his uncle and brother, who had been
commanded to enter themselves prisoners within the Castle
of Edinburgh, they were all three forfeited on the 5th day
of September, in a Parliament holden at Edinburgh, in the
year 1528, for disobedience to the King's command in the
foresaid injunctions, for making convocations and fortify
ing the Earl's castles against his Majesty, for detaining his
Majesty contrary to the ordinance of the Council, and for
another lady, * a daughter of Tracquair,' as would seem from Hume of
Godscroft (History of the House of Douglas and Angus, vol. ii. p. 83,
84) ; but while this obtained, there was, moreover, the relevant find
ing, when authorized by the facts, that the offspring, Lady Margaret
Douglas, (the mother of Henry Lord Darnley, husband of Queen Mary),
' propter Parentis, saltern Beginos ignoramtiam, nihil damni inde pateretw,'
(Lesley, de Rebus Gestis Scot. p. 419) ; in other words, that she should be
as if born in lawful marriage, and still retain her preconceived status of
legitimacy. This is in the Latin copy of the work, and in the still earlier,
in Scottish, it is explicitly mentioned that the Queen's marriage of course
' wes found null and unlauchfull.' " Inquiry, &c. ut supra, vol. i.p. 470, 471.

36 THE HISTORY OF THE AFFAIRS [1534.
some other smaller matters.1 And it is by some reported,
that his Majesty made an asseveration never to relax the
Earl from his forfeiture, nor receive him into favour, which
it is certain he religiously observed.
The King, being a person of excellent natural parts, how
soon he attained the age of a man reflected with indigna
tion upon the defects he perceived to be in his kingdom ;
and therefore the chief things he first set about were to
curb the insolence of robbers, together with the factions of
the great men, and to secure the Borders, by putting his
castles there in a posture of defence, if they should be
attacked. There was at that time no formal war betwixt
Scotland and England ; but as the custom then was, the
subjects on either side drove a sort of pillaging trade
upon the neighbouring Marches, which the respective Kings
1 Records of Parliament.— [Acta Pari. Scot, folio, vol. ii. p. 322, 323, 324,
327. " Proclamacione touching the Process of Treasoune aganis Archibald
Erie of Angus and uthirs." — " Continuatio Summonitionis contra Archi-
baldum Comitem Angusiae,'' &c. — " Processus Forisfalture Archibaldi
Comitis Angusise, Georgei Douglas ejus fratrisgermani, et Archibaldi
Douglas dicti Comitis patrui." On the 5th of September, when the for
feiture was pronounced, a process was instituted securing Queen Margaret
from any loss by it, the divorce between her and the Earl having been
procured. It is entitled, " Protestatioun for the Queen's Grace touching
the forfaltour of the Erie of Angus," and was followed by a " Reserva-
tioun of the Queen's rights from the effect of the said forfaltour." In the
former Mr Robert Galbraith, Advocate to the Queen, appeared, and alleged
that the Earl her former husband was indebted to her " great sums of
money and other goods," and claiming an equivalent from the forfeited
lands. The latter was the Ratification signed by James V. in favour of his
mother on the 3d of September. The King solemnly swore that while
he lived the Douglas Family would find no refuge in Scotland, and he re
solutely observed his oath. Angus retired into England, was kindly re
ceived by Henry VIII., and was in exile till the death of James, though he
made several incursions into Scotland. After that event he returned with his
brother Sir George Douglas, and their forfeiture was removed by the Par
liament held at Edinburgh, 15th March 1542. (Acta Pari. Scot, folio, vol.
ii. p. 415). They were also discharged from another summons of treason
on the 12th of December 1544. (Acta Pari. Scot. vol. ii. p. 450) . The Earl
of Angus promoted the projected match between the young Queen Mary
and the Prince afterwards Edward VI. ; but when Henry VIII. resolved
to manage it by force he joined the Regent Arran, then Governor of Scot
land, and greatly contributed to the victory over the English at the battle
of Ancmm-Muir in 1545. He commanded the van at the battle of Pinkie
on the 10th of September 1547, and repulsed the first attack of the
English. His brother, Sir George Douglas, was killed at that disastrous
conflict. — E.]

1534.] OF CHURCH AND STATE IN SCOTLAND. 37
endeavoured to suppress by lesser treaties for one, two, or
three years. But these sorts of truce not answering the
ends which the two Kings had in view, they projected to
enter into a firmer and more lasting peace. For this pur
pose, King James made choice of two Commissioners, viz.
William Stewart, Bishop of Aberdeen, his Lord Treasurer,
and Sir Adam Otterburn of Redhall, formerly of Auldham,
an Advocate,1 to repair into England, with full power to
treat and negociate with the Commissioners of his uncle, who
were Sir Thomas Audeley, his Chancellor, Thomas Cromwell,
the Secretary, Edward Fox, the Almoner, John Tregunwell,
Judge of the Admiralty Court, and Richard Guent, princi
pal official of Canterbury. These Commissioners drew up a
treaty of Peace at London, the 11th day of May 1534,
which was to last during the joint lives of the two Kings,
and one year after the decease of him who should die first.
This treaty was afterwards confirmed by both the Kings,
and besides what may be easily supposed to be in all treaties
of that kind, it contained this remarkable article, viz. : —
" That neither party should any manner of way, directly or
indirectly, by any explication or evasion whatsoever, violate
the Peace upon account of any ecclesiastical censure already
emitted, or to be emitted, against either of the respective
Kings."2 The intention of which article the reader will soon
discover. While this Peace was treated, the Lord Herbert3 says
that he finds by the records how that Lord William Howard,4
1 Though our historians make mention of Robert Reid, Abbot of Kin
loss, yet I can assure the reader that he is not mentioned in the King's
Commission, nor during the whole progress of the Treaty. — [Robert Reid,
afterwards Bishop of Orkney, one of the most distinguished and accom
plished men of his age, of great learning and munificence, and an able
politician. He was employed in many high offices of trust and dignity.
Sir James Balfour says — " In June this same year [1534] the Bishop of
Durham [Cuthbert Tunstal] and Prior of the same, Sir Thomas Clifford,
Knight, and Magnus, a lawyer, are by King Henry VIII. of England sent
ambassadors to Scotland for concluding a Peace, which was ratified under
the Great Seal of both kingdoms, and solemnly sworn by both Kings."
Annals of Scotland, Edinburgh, 1824, 8vo. vol. i. p. 263.— E.]
2 Foedera Anglise.
3 [The Life and Reign of Henry VIII. of England, by Edward Lord
Herbert of Cherbury, London, folio, 1672 ; also in Bishop White Kennet's
Complete History of England, 3 vols, folio, Loudon, 1706, vol. ii.— E.]
4 Lord William was the eldest son of Thomas Earl of Surrey, son of Sir

38 THE HISTORY OF THE AFFAIRS [1534.
brother to the Duke of Norfolk, was sent into Scotland to
carry to King James the Order of St George.1 This, it ap
pears, was done by King Henry that he might not be behind
with the Emperor, who had taken the same method to culti
vate the King's friendship. The same Noble historian likewise
tells us that Lord William had instructions to invite our King
to be present at an intended interview in France, betwixt
the King of that nation and King Henry ; but seeing that
interview was disappointed, our King was invited to meet
his uncle at York. A great deal is said by both Scottish
and English writers concerning this proposal made by King
Henry to his nephew of meeting one another at York, and
talking face to face, which hitherto they had never done,
nor indeed ever did all their lifetime after. I cannot adjust
their several accounts, and so am obliged to leave many
of them untouched ; but it is proper that the reader do
observe that this projected interview gave rise to all the
John Howard, an eminent supporter of the House of York, and maternally
of princely birth, who was created Duke of Norfolk and Earl Marshal of
England in 1483, when his son and heir was created Earl of Surrey.
The Duke fell in the following year at Bosworth Field, while leading
the van of Richard's army. Both the Duke and his son the Earl of Surrey
were attainted in Parliament in 1485, when the latter lost his Earldom ;
but after an imprisonment of three years in the Tower he was restored
to the Earldom in 1489, and was created Duke of Norfolk and Earl Mar
shal in 1514. This Nobleman commanded the English army at the battle
of Flodden, fatal to James IV. of Scotland. His second wife was Agnes,
daughter of Hugh Tilney, Esq. by whom he had two sons and four
daughters. The eldest son by this marriage was Lord William Howard,
who was created Lord Howard of Effingham by Queen Mary in 1554, and
was Lord Chamberlain and Privy Councillor to Queen Elizabeth. His son
was the commander of the fleet fitted out to oppose the Spanish Armada
in 1588, and, though a Roman Catholic, he dispersed and destroyed that cele
brated armament. In 1596 he was advanced to the dignity of Earl of Not
tingham. The Lord William Howard is mentioned by Bishop Keith as
brother of the Duke of Norfolk. The latter was Thomas third Duke, but he
was merely half brother, that Nobleman being the son of Thomas second
Duke, who commanded as Earl of Surrey at Flodden, by his first Duchess,
who was Elizabeth, daughter and heiress of Sir Frederick Tilney, Knight, of
Ashwell-Thorpe in Norfolk, and widow of Sir Henry Bourchier, son of Lord
Berners, by whom he had the third Duke, three other sons, and two
daughters. Lord William Howard was ancestor of the Noble Family of
Howard, Barons of Effingham, created Earls of Effingham in 1731, and
renewed in 1838— E.]
1 [The Order of the Garter. This circumstance is scarcely noticed by
Scottish historians, and it does not appear that King James V. was ever
invested with the Order. — E.]

1534.] OF CHURCH AND STATE IN SCOTLAND. 39
subsequent transactions with England during the life of our
King, and was at last the occasion of his death.1 And that
the ordinary reader may not be at a loss to find out the true
cause why King Henry did so much desire a peace with his
nephew, and so often solicit for this interview, he may know
that that King, having pretended a scruple of conscience to
live any longer with Catherine his wife, a daughter of
Spain, after having cohabited with her as such upwards of
twenty years, because she had been formerly married to his
elder brother Arthur, a young man of about sixteen years of
age, and who died soon after his marriage, he proceeded so
far as to divorce her from him by the authority of his own
clergy, in opposition to the Court of Rome, which could have
been induced to grant that favour afterwards, had Henry
been tractable enough in time.2 This step of the King of
England created him as many enemies as the Emperor,
whose aunt the Queen was, and the Pope could raise up
against him ; and as this obliged King Henry to strive to
have the King of Scotland his fast friend, as he was his near
relation, so our King saw himself courted by the greatest
Princes in Europe. The Pope sent a legate hither with a
consecrated cap and sword ; and the Emperor and King of
France sent their ambassadors, from whom the King re
ceived the Orders of their Knighthood. And the King of
England laboured hard, after conclusion of the Peace I have
mentioned, to meet with his nephew, being hopeful that, if
he could talk with him, he might persuade him to shake off
all dependence upon Rome, and to introduce such a refor-
1 [This occurred in 1542, and was caused by the conduct of the Scottish
Nobility at the Solway Moss. — E.]
s It is to be acknowledged that King Henry did, from the very first, shew
a dislike to the marriage with his sister-in-law, and that he proceeded so
far as to make a solemn retractation of it on the very same day that he came
to be of age. However, political reasons made it be judged convenient to
retain Queen Catherine ; and it is even probable he would still have re
tained her if he had had a son by her to succeed him on the throne.
Queen Catherine was married to Prince Arthur 14th November 1501,
who died 2d April 1502. A dispensation was obtained from the Pope for
her marriage with Prince Henry, 26th December 1503. The sentence of
her divorce from him was given by Cranmer, Archbishop of Canterbury,
22d May 1533, and the Pope's excommunication of King Henry was
emitted anno 1535, though not published till 1538. Some have doubted
of the truth of the Prince's retractation, and have thought that it was
only forged after the divorce came to be demanded.

40 THE HISTORY OF THE AFFAIRS [1535.
mation of religion in Scotland, as he himself had done in
England. To dispose our King the better to this, his uncle
sent one of his chaplains, William Barlow, Bishop Elect of
St David's,1 in the end of the year 1535 at the farthest, with
some English books, containing the heads of the Christian
doctrine, to be presented to the King ; which books, how-
beit, the King never once looked into, but delivered them to
be inspected by some of his clergy, who presently declared
them to be heretical.2
1 [Dr William Barlow, Prior of Bisham in Berkshire, was then Bishop-
elect of St Asaph, to which See he was consecrated in 1536. He was
translated to St David's that same year, and in 1547 to Bath and Wells.
He was deprived by Queen Mary, but in 1559 was appointed to the See
of Chichester by Queen Elizabeth. Pinkerton says that Dr Barlow was
" an eloquent preacher, and a warm enemy to the papal usurpations.
He was instructed to present to James a book now published by Henry,
called ' The Doctrines of a Christian Man,' in which the superstitions
of Rome were exposed, and to examine the inclinations of the Scots
on this subject, and even, if James should grant permission, to display
his eloquence in the pulpit ; but Barlow informed Secretary Cromwell
that the Council of James consisted only of clergy devoted to Rome —
' the Pope's pestilent creatures, and very limbs of the devil,' as he chari
tably expresses himself — that it was rumoured by an officer belonging to
[the Duke of] Albany [then in France], that France intended to declare
in favour of the Pope against England, and Scotland would as usual
imitate her old ally — that James was himself of an excellent and generous
disposition, but his spiritual Council decidedly inimical to Henry — that it
was sarcastically said that he had only come to preach ; and he would
exert his influence against the papal abuses if James would permit."
Pinkerton adds in a note, citing his authority — He [Barlow] maliciously
observes that in Scotland there was abundance of " myserable beggars
and moneyless souldyours." History, vol. ii. p. 327, 328. Dr Barlow was
concerned in the compilation of Henry VIII's book. — E.]
2 This is the common story as delivered by our historians, and Mr
Strype of England says it was the book called the " Godly and Pious Insti
tution of a Christian Man," but that book was not printed, according to
Strype, until the year 1537 ; yet in the Catalogus Univers. Libr. there is,
in 1534, " The Doctrine of a Christian Man," set out by Henry VIII. in 8vo.
And Bishop Burnet mentions such a book published anno 1533. Lord
Herbert says only that Barlow and Holcroft, in commission with him,
laboured to give King James all manner of impressions which might bring
him to a conformity with his uncle, but makes no mention of books. — [The
circumstance that Lord Herbert omits any notice of books sent to James
V. by Henry VIII. is of little moment. The subsequent editions of " A
Necessary Doctrine and Erudition for any Christian Man," published
during the King's life, were one at London in 1543, another in Latin in
1544, and a third in English in 1545, two years before the King's death,
which occurred in 1547. In the very year of this embassy to Scotland, as
related in the text, viz. 1534, appeared " Opus Eximium de Vera Differ-

1536.] OF CHURCH AND STATE IN SCOTLAND. 41
Soon after this, the forementioned Lord William Howard
and Barlow came again into Scotland, with a reiterated
proposal for an interview. And that they might the more
easily incline King James unto it, they were ordered to
make him divers advantageous offers ; such as, that if
matters could be got accommodated to the good liking of
King Henry, in that event, he was willing to give our King
his daughter Mary to wife, and to declare him his heir and
successor to the Crown of England, for as yet Henry had
no son ; and that his nephew might be brought to give the
better credit to his promises, he proposed to create him
just then Duke of York and Viceroy of England. When
these proposals of the King of England were laid before the
Council of Scotland, it was resolved that, instead of York,
Newcastle should be pitched upon as the place, and the Feast
of St Michael as the time of meeting. But Lord William
Howard received these alterations made by the Scottish Coun
cil as an affront put upon his master, and so took leave, and
went homeward in very bad humour,1 having reported to his
master things concerning our King which his Majesty did
afterwards disclaim. And the King thought fit likewise to
send Sir Adam Otterburn into England after the Lord
William, to make his compliments to his uncle, and assure
him that the reason of his Council diverting him from a
journey into England, was entirely owing to the mismanage
ment of Lord William,2 who had " menaced to the Coun-
entia Regise Potestatis et Ecclesiasticse, et quae sit ipsa Veritas ac Virtus
utriusque, Henrico VIII. Anglise Reg. Auctore." — E.]
1 [The interview never took place between James V. and his uncle
Henry VIII. The consequences of the intrigues which prevented it are
subsequently noticed. — E.]
2 Drummond. It appears also by King James' own discourse with Mr
Sadler, that his Majesty blamed Lord William for reporting things con
cerning him to his master, otherwise than he ought to have done. — [Drum-
mond's (of Hawthornden) History of Scotland, Glasgow edition, 1749,
p. 266. Sir Adam Otterburn, who was sent into England to complain of
Lord William Howard, is described as of Redhall. He was probably the
father of John Otterburn of Redhall, who married Lady Jean, second
daughter of John Stewart third Earl of Atholl, by his second Countess
Jean, youngest daughter of John sixth Lord Forbes. Douglas' Peerage,
by Wood, vol. i. p. 141. Sir John Wemyss of Wemyss, an ancestor of
the Earls of Wemyss, is mentioned as marrying for his first wife, in 1530,
Margaret daughter of Sir Adam Otterburn of Redhall, King's Advocate
(Ibid. vol. ii. p. 620.) Adam Otterburn of Redhall, and also of Auldhame

42 THE HISTORY OF THE AFFAIRS [1539-40.
cillors, and would have forced their votes ; that he was too
great a friend to the Douglasses and other rebels, who had
convoyed him to Scotland and accompanied him back again ;
that it was against the credit and honour of free-born
Princes to be threatened ; that what was friendly begun
should friendly continue and end ; that Princes should not
be constrained, especially in matters which are not of debt
but benevolence." However, there appears to be some
ground to think that King Henry's large and advantageous
offers had made some impression on our King ; seeing, by an
original dispatch in May 1536, King James did certify his
uncle " that he had sent to Rome to get impetrations for
reformation of some enormities, and especially anent the
ordering of great and many possessions and temporal lands
given to the Kirk by our Noble predecessors."1
For some time after this I can find but little correspond
ence betwixt the two Kings, until February 1539-40, that
King Henry thought fit to send Ralph Sadler2 his ambas-
attended the Parliament held in 1524 as a commissioner from a burgh.
(Acta Pari. Scot. vol. ii. p. 284, 285.) His name again occurs on the roll of
the Parliament held in 1525 (Ibid. p. 292) ; in that held in 1526 (Ibid.
p. 300), in which he is styled King's Advocate, and was elected one of the
Lords of the Articles (Ibid. p. 304, 308) j in that of 1527, in which he is
designated " of Auldhame, Advocate to our Sovereign Lord the King"
(Ibid. p. 318) ; in the Parliament of 1529 (Ibid. p. 330, 331) ; in that of
1531, in which he is designated Provost of Edinburgh, and was elected one
of the Lords of the Articles (Ibid. p. 332, 333). He was similarly chosen
in the Parliament of 1532 (Ibid. p. 334, 335). He is designated Adam
Otterburn of Auldhame, Advocate, in the roll of the Parliament of 1533
(Ibid. p. 336, 337), and at the adjourned meetings in 1534, the year he was
sent into England, from which he had returned before 1535, as he was
chosen one of the Lords of the Articles in the Parliament held that year
(Ibid. p. 339, 341). After this, the name of Sir Adam Otterburn repeat
edly occurs in the Parliamentary Records. — E.]
1 Lord Herbert's Life of King Henry VIII.
2 [Afterwards Sir Ralph Sadler. He was the eldest son of Henry Sadler,
Esquire, and was born at Hackney, near London, in 1507. In early life
he secured the notice of Cromwell, Earl of Essex, who introduced him to
the notice of Henry VIII., by whom he was employed in the dissolution
of the Monasteries, and it is said that he had his full share of the spoil.
He commenced a long series of diplomatic services in Scotland in 1537,
the great object at the outset being to detach King James from the an
cient and close alliance with France, and to persuade him to imitate the
conduct of his uncle Henry VIII. towards the See of Rome, but he en
tirely failed in his mission. Sadler took a prominent interest in Scottish
affairs, and was created a knight-banneret on the battle-field of Pinkie

1539-40.] OF CHURCH AND STATE IN SCOTLAND. 43
sador into Scotland ; which embassage was occasioned by
two late interviews of the Emperor and King of France, in
which King Henry had perhaps ground enough to suspect
that some things might be contrived not very favourable to
him, wherefore, he again very wisely laid himself out all he
could to gain his nephew entirely to his interest. The letters
and negotiations of this ambassador have lately been made
public, by which it appears that his instructions were, 1st,
To bring Cardinal Beaton1 into suspicion with King James.
near Musselburgh, at which he greatly distinguished himself. He died in
1587, in the 80th year of his age, soon after returning from his last public
service in Scotland, and was buried in the church of Standon in Hertford
shire, where his monument was decorated with the Scottish Royal standard
which he took at the battle of Pinkie. The transactions of his Embassies
are recorded in the " Letters and Negotiations of Sir Ralph Sadler," &c.
printed at Edinburgh, 1720, in octavo, from MSS. in the Advocates'
Library, but a more complete collection was published of his " State Papers
and Letters," edited by Arthur Clifford, Esq. of Texall, his descendant,
in 1809, in two vols. 4to. with a Memoir and Historical Notes, by Sir
Walter Scott, Bart.— E.]
1 [Cardinal David Beaton, or Bethune, one of the most remarkable men
of his time, figures so prominently in the history of Scotland that any ob
servations respecting him are almost superfluous. He was the son of John
Beaton, or Bethune, of Balfour, in the county of Fife — the elder brother of
Archbishop James Beaton of St Andrews, by Isobel daughter of David
Monypenny of Pitmilly, chief of an ancient family for centuries settled in
the eastern part of Fife. By the marriage of James, first Earl of Arran,
to Janet, daughter of Sir David Beaton of Creich, the Cardinal became
the near relative of the third Earl, Regent of Scotland, declared next
heir to the Crown in default of Queen Mary dying without issue. The
Cardinal was born in 1494, and on the 26th of October 1511 he was
matriculated at the University of Glasgow, of which Diocese his uncle was
then Archbishop. He was thence sent to France, where he spent a few
years in the study of the civil and canon law. His first preferments were
the rectories of Campsie and Cambuslang in the Diocese of Glasgow, and
his great abilities and agreeable manners soon rendered him a favourite
of James V., who sent him, as resident for Scotland, to the French Court
in 1519. In 1523 his uncle, who was then translated from Glasgow to the
Primacy of St Andrews, resigned the wealthy Abbey of Arbroath in his
favour, retaining one-half of the rents for his own use, and prevailed with
the Pope to dispense with his taking the habit for two years, which he
spent in France. Beaton returned to Scotland in 1525, and immediately
took his seat in the Parliament held that year as Abbot of Arbroath. On
the fall of the Earl of Angus, and the resignation of Bishop Crichton of
Dunkeld, Beaton was appointed Lord Privy Seal in 1528 — the same year
in which the convent of the Black Friars at Edinburgh was burnt, in the
immediate vicinity of which, in the Cowgate, was the town residence of his
uncle the Archbishop. He was soon afterwards appointed Prothonotary
Apostolic, and in 1533 he was sent ambassador to France with Sir Thomas

44 THE HISTORY OF THE AFFAIRS [1539-40.
2dly, To persuade his nephew to break off from the Church
of Rome, and to take the revenues of the Abbeys and other
religious houses into his hands for the augmenting of his
revenue. 3dly, To discover King James's affection towards
his uncle, by telling him how that rumours were dispersed
as if the Pope, Emperor, and King of France, were to invade
England, and that it was said that King James would do the
Erskine, Secretary of State, to form a league with that kingdom, and also
a matrimonial alliance between James V. and the Princess Magdalene.
Although unsuccessful in the latter object, it is certain that Beaton ren
dered himself particularly agreeable to Francis I., who perceived his abili
ties, knew the influence he possessed with the Scottish King, and used
every exertion to attach him to the interest of France, that he might
counteract the predilections of James V. for his uncle Henry VIII. In
1536, when the Scottish King proceeded in person to France, and married
the Princess Magdalene on the 1st of January 1537, Beaton was appointed
one of the Lords of the Regency to conduct the Government during his
absence, by commission dated 29th August 1536. At the lamented decease
of Queen Magdalene, he was joined in an embassy to treat for another
league with France, and a matrimonial alliance with the Princess Mary
of Guise, widow of the Duke of Longueville. In conformity with the
practice of those times, before he went abroad on that occasion, he pro
cured a special protection from the King, for his friends and depen
dents during his absence (Reg. Privy Seal, x. 163-4). In November 1537,
Beaton was naturalized in France, and on the 5th of December he was
consecrated Bishop of Mirepoix in Languedoc. After his return to Scot
land, he was appointed coadjutor and successor to his aged uncle in the
Primacy of St Andrews, and the whole charge of Church affairs and of
the Diocese devolved on him. Beaton seems to have again resorted to
France on his private affairs ; at least, on the 20th of December 1538, he
was advanced by Pope Paul III. to the Cardinalate, by the title Cardinalia
Sancti Stephani in Monte Cazlio, the same title as that held by John de Salerno,
who presided at a Synod of the Scottish Church in 1201. This elevation
was by the influence of the King of France, who on the 20th of June 1539
directed new letters of naturalization in the Cardinal's favour, with a
clause authorizing his heirs to succeed to his property in France though
born in Scotland. He returned to Scotland with Mary of Guise, and be
gan a severe crusade against those who held the " Reformed" doctrines.
About this time the Cardinal was constituted Legatus Natus of the See of
Rome, and in the autumn of 1539 he succeeded to the Archbishopric of
St Andrews and Primacy on the death of his uncle, on which occasion he
resigned the Abbey of Arbroath, and the Privy Seal was again consigned to
Bishop Crichton of Dunkeld. The proceedings against Sir John Borthwick
which followed are already recorded (note, p. 20) . On the 20th of December
1542, James V. died. The Cardinal had previously gone abroad, for we
find a large sum specified in the Lord Treasurer's Accounts " for expences
made upon the Great Unicorn [ship], July 11, 1541, at her passing to France
with the Cardinal ;" but he returned before the King's death. The sub
sequent events of his life are noticed in this History. — E.]

1541.] OF CHURCH AND STATE IN SCOTLAND. 45
same ; and in order to make this embassy be the more fa
vourably received, King Henry sent his nephew a present
of some fine horses, which King James was known to be
much delighted with ; and Mr Sadler was ordered to insi
nuate very cunningly the hopes King James might entertain
of being appointed by King Henry his successor, in case of
the death of his son Prince Edward, and how much it would
contribute to that and many other good purposes, that the
uncle and the nephew should meet together, since they had
never yet seen one another in the face ; but this, the ambas
sador told King James, his master desired he would keep
entirely to himself, and not communicate to his Council. Now
this last caution would seem to assure us that King Henry
did reckon, that the interview had formerly been disappointed
by the advice of some persons about his nephew ; yet King
James, by his answer to Mr Sadler, made it pretty plain
that he had little mind to comply with the proposed meet
ing, alleging that it were expedient to have the French
King present thereat. Notwithstanding which, it will per
haps appear probable to some people, that our King had
given his uncle some reason to expect him at York, seeing
King Henry did actually come thither in the month of Sep
tember the following year 1541. But King James having
again communicated his design to his Council, the clergy pre
vailed upon him to suspend his journey for reasons that are
obvious enough ; and because it was justly to be apprehend
ed that this disappointment might bring on a war from
England, therefore the clergy made large donations to the
King1 for the present, and assured him that in case of future
1 [" The Bishops," says Lindsay of Pitscottie, in his own quaint style,
" conceived in their minds that if King Henry met with our King, he
would cause him to cast down the Abbeys of Scotland likeas he [Henry]
had done in England. Therefore they budded [bribed] the King to bide
at home, and gave him three thousand pounds a-year to sustain his house
from their benefices," History, p. 230. " The Scottish clergy granted
James a further annual subsidy, and he applied to the Pope for its confir
mation in'a letter dated 12th April 1541. — Epist. R. S. ii. 109," note, apud
Pinkerton's History of Scotland, vol. ii. p. 371. " Henry accordingly pro
ceeded to York, where he remained at least six days ; but James de
clining the conference, his uncle returned to London with sentiments of
deep indignation. The anger was unjust, for if the English King was so
desirous to meet James, why not evince at once his spirit and conciliatory
views, by visiting the Court of Scotland, after so many recent similar

46 THE HISTORY OF THE AFFAIRS [1541.
exigencies all their rents should be at His Majesty's service.
By this means the King was induced to send a message to
his uncle, declaring that some business of great importance
did detain him from keeping the interview at the time and
place appointed. And Sir James Learmonth1 was soon after
despatched into England to represent the same to King
Henry as favourably as he could, and likewise to complain
of certain inroads made by the English Borderers into Scot
land, and for their having converted to their own particular
profit the Debateable Ground,2 lying on the limits of the two
examples of confidence among the greatest monarchs?" Ibid. vol. ii.
p. 375.— E.]
1 [Sir James Learmonth of Balcomie near Crail, on the south-eastern
coast of Fife, was at that time Master of the King's Household. This
gentleman was prominent in the public transactions of his time. When
Mary of Guise landed at Fifeness as the affianced Queen of James V. in
1538, she halted at the then mansion of Balcomie, the seat of Sir James
Learmonth, by whom she was courteously received, and the King pro
ceeded from St Andrews to Crail, eleven miles distant, to meet her. The
Queen was escorted by James and a large assemblage to St Andrews, and
the marriage was celebrated in the cathedral by Cardinal Beaton. The
family of Learmonth of Balcomie was very ancient. Alexander Gourlay
of Kincraig, near Largo in Fife, who lived in the reigns of Robert III.
and James I., married a daughter of Learmonth of Balcomie (Douglas'
Baronage, folio, p. 470), and Thomas Duddingston, of Kildunan in Fife,
married a daughter of this Sir James in 1541. John Melville of Carnbee,
also in Fife, near Anstruther, married Margaret Learmonth, aunt of
Sir James. Lady Euphemia Leslie, a daughter by his third marriage of
George third Earl of Rothes, father of Norman Leslie, who was one of
the murderers of Cardinal Beaton, married Learmonth of Balcomie, who
was probably the son of Sir James (Douglas' Peerage, by Wood, vol. ii.
p. 429); and Sir James Learmonth of Balcomie, a Judge in the Court of
Session, under the title of Lord Balcomie, from 1627 to 1657, when he
died, appears to have been a descendant of Sir James. Historical Account
of the Senators of the College of Justice, by George Brunton and David
Haig, Edin. 8vo. 1832, p. 277  E.]
3 [This tract was, as its significant name implies, long a source of mis
chief, strife, and bloodshed, to the inhabitants of that locality on the Scot
tish and English Border. It comprises the district between the river
Sark, which divides the Scottish parish of Graitney and part of that of
Half-Morton from the county of Cumberland, and the river Esk, which
enters that county near a locality in Canobie parish known as the Scots
Dyke, and debouches into the Solway Frith, nearly two miles below its
junction with the Line river, and a few miles distant from Longtown.
" Early in the following year [1552] it was agreed between the Court of
England and the French Ambassador residing there, that an effectual
remedy should be applied to a perpetual source of contention between the
English and Scots, which arose from a small tract of ground, commonly
called the Debateable Land (terra contentiosa), situated between the rivers

1542.] OF CHURCH AND STATE IN SCOTLAND. 47
kingdoms, and which ought to be in common to the subjects
of both.
After our King had thus, by the persuasion of Cardinal
Beaton1 and others, disappointed his uncle of the interview
at York, King Henry returned to London full of indigna
tion, and with a mind completely bent upon revenge, which,
however, he suppressed pretty much from appearing out
wardly, till the season for action should return, and he
should be in a readiness to pour out his resentment with the
greater fury. And accordingly, though he did afterwards re
ceive the ambassadors of his nephew for treating amicably
their differences, yet the next year he prepared a great
army, some say 40,000 men, to invade Scotland ; which
advanced in good earnest for that purpose, in the middle of
harvest 1542, under the command of the Duke of Norfolk ;2
a public declaration of war3 having been emitted, much about
Esk and Sark, on the extremity of the western border. As no authority
was exercised in that tract by the Kings of either nation, it naturally be
came a place of refuge for the most abandoned criminals after their ex
pulsion or flight from their own country. From thence they made their
plundering inroads into the countries adjacent on either side, and thither
they retired with their booty, and often by fear or favour induced the
neighbouring inhabitants to be partakers of their crimes. It was first
proposed that, agreeably to the Treaty of Norham, that district should be
wholly evacuated and laid waste, but it was afterwards thought better to
make a division of it between the kingdoms. For this purpose, after
some scruples and delay, commissioners appointed by each of the Powers
met on the spot, and agreed to a line to be marked by a ditch and march-
stones, the ground of one side whereof was thenceforth to belong to Eng
land, and that on the other to Scotland." Ridpath's Border History of
England and Scotland, London, 4to. 1776, p. 573.— E.]
1 The Cardinal offered afterwards to prove that this was unjustly laid
to his door. Vide Sadler's Letters, p. 154.
2 [This was Thomas third Duke, eldest son by the first marriage of
Thomas Earl of Surrey, who commanded at the Battle of Flodden, and
half brother of Lord William Howard. The third Duke of Norfolk suc
ceeded his father in May 1524, and was attainted in 1546, but was restored
in 1553. He was the father by his second Duchess, daughter of Edward
Stafford, Duke of Buckingham, of Henry Earl of Surrey, the infamous
execution of whom was the last tyrannical act of Henry VIII. See the
note, p. 37, 38, of the present volume. — E.]
3 [Henry VIII., in his Manifesto, asserts that the Scots suddenly en
tered England to commit ravages on the 4th of July, yet James V. in a
letter to Sir James Learmonth, his ambassador, dated 20th August, com
plains that the English had made two hostile incursions before the Scots
retaliated. The Privy Council of Scotland, in a letter of the same date to
Sir James Learmonth, allege that the English had plundered Eyemouth

48 THE HISTORY OF THE AFFAIRS [1542.
the same time.1 But though the war was not openly de
clared till now, yet the reader is not to think that there had
been no acts of hostility in the interim committed betwixt
the two nations ; for, not to mention other things of lesser
moment, the English had seized on sundry Scottish merchant
ships2 in their harbours and upon the sea ; and the Scots
had given the English a considerable overthrow by land at
Haldenrig3 in the Merse, on the 24th of August the same
and other places in the Merse, or Berwickshire, while the Scots, on the
other side, had burnt Carham and Cornhill on the borders of Northumber
land near Coldstream, and a certain James Doig, who led the " fite-band,"
or infantry, was cashiered. George fourth Earl of Huntly, the Lieutenant-
General of the North, afterwards Lord High Chancellor, proceeded to the
Borders on the same 20th of August, and proposed to withdraw the
Scottish garrisons if Henry VIII. ordered his forces to retire. Pinker-
ton's History of Scotland, vol. ii. p. 377, 378.— E.]
1 Vide Holinshed. In it are these words — " Having a message sent
unto us the past year from our said nephew, and a promise made for the
repairing of the said King of Scots unto us to York ; and after great pre
paration on our part made therefore, the same meeting was not only dis
appointed," &c. In this declaration, likewise, though there be a long
enumeration of the several homages done by our Kings to those of
England, yet King Henry thinks fit to lay the stress of the present war
as much, or rather more, upon the personal injuries received from his
nephew, and plainly says that he had no intention to make war upon
the score of homage.
2 [According to Bishop Leslie, the English took twenty-eight Scottish
vessels. As the incident is not mentioned by either the English or Scot
tish King, and as the original papers contain no allusions to it, Pinkerton
thinks that it is " questionable ;" but he admits that " this event may have
happened after Henry's Manifesto appeared," and he refers to Holinshed,
who confirms Bishop Leslie's account, and whose book was printed in
1577, the year before Bishop Leslie's was published. — E.]
3 [The Earl of Huntly was commander of the Scottish forces, and,
assisted by George fourth Lord Home, completely defeated the English
under Sir Robert Bowes, whom he took prisoner with his brother Richard
Bowes, Sir William Mowbray, and 600 men, on the 24th of August 1542.
Home of Godscroft states that King James was so much elated at this vic
tory that he gave the lands of Hirsell to Sir Andrew Ker of Little Dean for
bringing the first intelligence. An item occurs in the Lord High Treasurer's
Accounts, dated August 7, 1542, seventeen days previous to the battle,
of a payment to " Thomas Gibson, carter, in payment of the carriage of
certane artilzerie to the [Castle of] Hermitage." Pitcairn's Criminal
Trials, vol. i. Part I. p. 324. It appears that the great object of the
English in this incursion was to burn the town of Jedburgh. Archibald
sixth Earl of Angus, his brother Sir George Douglas of Pittendreich, and
others connected with the powerful Family of Douglas, then exiles, were
in the English army. The Scots gained the victory by the timely arrival of
Lord Home with four hundred spearmen, who first encountered the Eng
lish. Haldenrig, or Haddenrig, is described as a locality near the Borders

1542.] OF CHURCH AND STATE IN SCOTLAND. 49
year 1542. King James, as appears, was somewhat appre
hensive of the issue of this war ; and, therefore, that he might
either prevent it altogether, or at least divert the English
army from any action for that year, he again sent John
Lord Erskine,1 and some others, ambassadors to his uncle ;
who likewise on his part gave commission to the Duke of
Norfolk,2 to his Lord Privy Seal, to the Bishop of Durham,
and to the Master of his Horse, to treat with the Scottish
Commissioners at York. But the English Commissioners
complaining that the Scots only trifled, and that they aimed
at nothing but a protracting of time, King Henry com
manded his troops to advance. And indeed it is certain,
that if King James was not in earnest in the treaty, yet he
so far gained his point, by thus amusing his uncle, that the
English army was not able to enter the East Borders of
Scotland till the 21st of October ; so that, the season for
action being then quite spent, the General thought fit to
return into England, after having remained but a few days,
and burnt some few hamlets within the Borders of this
kingdom. King James, who by this time had gathered together an
army of about thirty thousand men, prompted by his own
active disposition, and much solicited thereto by the clergy,
was very desirous to have followed the Duke of Norfolk into
England. But the Nobles, not being forward for such an
enterprize, took upon them to remonstrate to him by the
mouth of his natural brother the Earl of Moray,3 then
general of his army — That he had gained abundance of
in the eastern corner of Teviotdale." It appears to be in Sprouston
parish. — E.]
1 [John fourth Lord Erskine, properly fifth Earl of Mar, of the Family
of Erskine.— E.]
2 [The English commissioners were Thomas third Duke of Norfolk ;
Thomas Lord Cromwell, afterwards Earl of Essex ; Cuthbert Tunstall,
Bishop of Durham, and Sir Anthony Brown, Master of the Horse. — E.]
8 [James, illegitimate son of James IV. by Janet daughter of John
Lord Kennedy, obtained a grant of the Earldom of Moray from his
father in June 1501, when an infant, for he is described as a " springold,"
or fine youth, of twenty years of age when he returned from France in
1519. He married Lady Elizabeth Campbell, only daughter of Colin
third Earl of Argyll, and by her had one daughter Lady Mary, who
married John Master of Buchan, and died without issue. The Earl of
Moray died without heirs-male in 1544, and the Earldom reverted to the
Crown.— E.] 4

50 THE HISTORY OF THE AFFAIRS [1542.
glory, by stopping the progress of so mighty an army, which
had been so long a-gathering, and had boasted of such great
matters, under the conduct of so experienced a general as
the old Duke of Norfolk was known to be, and whom his
master had wont to call the Scourge qf the Scots. And it
is moreover reported, that whilst the King with his army lay
on Fala Muir,1 the Nobility had formed a design to cut off
such of his courtiers as had been most instrumental in the
sowing and fomenting of differences betwixt his Majesty and
them, and were known pensioners to the Cardinal and clergy
for keeping open that breach ; but because they could not
agree among themselves who should be the victims, every
one striving to save his own friend, they all escaped the
danger. However, this consultation and project of the
Nobility had not been kept so secret, but that both the King
and the courtiers got notice of it, which made them return
immediately to Edinburgh, where the King, being highly ex
asperated against the Nobility, both for their intended
reformation of his Court, and their peremptory declining to
march after the Duke of Norfolk into England, reproached
them openly as cowards, and men that neither wished to
advance his honour, nor to pursue the glory of their native
country ; telling them, that since he was betrayed by them,
he himself, and such as would follow him, would do that
which they had so cowardly refused to undertake.
In the beginning of November following, the King called
a council of his principal favourites and most trusty servants,
in which council the clergy, zealous of their religion, obliged
themselves that, on condition his Majesty would cause pro
secute such persons as they should declare to be guilty of
heresy,2 they would furnish him with money for the necessary
charges of makinga second inroad into England, on which the
King seemed then to be extremely bent. They also advised
him to summon his Nobility to meet him on the Borders
with their dependents and followers, to which he readily
1 [King James assembled his army at the Boroughmuir on the south
side of Edinburgh, and his forces marched to Fala, near the western ex
tremity of the Lammermuir Hills, or the elevated range known as the Soutra
Hills, fifteen miles from Edinburgh, on the road towards Kelso. — E.]
2 This was the time when, as it is pretended, the roll containing the
names of suspected heretics was presented to the King, and which was
mentioned in the first Chapter.

1542.] OF CHURCH AND STATE IN SCOTLAND. 51
condescended, as being a thing most agreeable to his own in
clination; and for that purposehe sent without delay letters
privately through the country, lest if he had summoned
them by open proclamation, the English should be adver
tised of his gathering together a new army. It was proposed
that the army should make its inroad upon England by the
West Marshes, where the Lord Maxwell1 was Warden, and
who had generously offered to undertake such an expedition
at the time that the King was chiding the Nobility ; but to
cover this design the better, the Earl of Arran and the Car
dinal raise men publicly, and advance with them towards the
East Borders. When Sir Thomas Wharton, the English
Warden, appeared with the few men he could gather together
in that sudden surprise, the Scottish army shewed a desire
to know who was to command them as Lieutenant under
the King, and how soon they saw that Oliver Sinclair, a son
of the Family of Roslin, was mounted on men's shoulders
to be seen as general,2 the Nobles that were present, and
1 [Robert fourth Lord Maxwell, ancestor of the Earls of Nithsdale.
In 1543 he proposed in the Parliament that all should be allowed to read
the Scriptures in the vulgar tongue, which was sanctioned. He died
in 1546.— E.]
2 Drummond says that the generalship was intended for the Lord
Maxwell, and that Mr Sinclair was only entrusted by the King to read
the Royal Commission. But since Bishop Lesley, who would not fail to
suggest whatever could vindicate the King, owns that Mr Sinclair was
appointed general, I see no room to doubt of it. — [Oliver Sinclair, or St
Clair, the object of general dislike in this unfortunate affair, was the third
son of Sir Oliver St Clair of Roslin, about seven miles south of Edin
burgh, by his wife Margaret, daughter of Sir William Borthwick, an
cestor of the Lords Borthwick of Borthwick Castle, upwards of five miles
south of Dalkeith. As respects descent and family importance, Oliver Sin
clair was as distinguished as any of his opponents. Sir Oliver St Clair, his
father, was the second son of William third and last Earl of Orkney of
that Family, by his second Coun,tess, Marjory, daughter of Alexander
Sutherland of Dunbeath. This Earl was the only son of Henry second
Earl, and Egida, daughter of Robert II. ; and by his first Countess, who
was Lady Margaret, eldest daughter of Archibald fourth Earl of Douglas,
he had Lady Catherine, who married Alexander Duke of Albany, second
son of James II., from whom she was divorced in March 1478, on account
of propinquity of blood. This Earl was also Earl of Caithness and Lord
Chancellor of Scotland. In 1469, James III. acquired the Orkney Islands
by his marriage with the Princess Margaret of Denmark, and in the follow
ing year the Earl resigned the Earldom of Orkney to the King, for which
he received a grant of Ravenscraig Castle and certain lands, between Dysart
and Kirkcaldy in Fife, and was afterwards styled Earl of Caithness— a

52 THE HISTORY OF THE AFFAIRS [1542.
especially the Lord Maxwell, mutinied much that a man of so
mean a rank should be preferred and set over them, where
upon such a murmur and confused clamour immediately
ensued, that all military order was quite neglected ; and
the tumult and confusion became so remarkable in our
army, that the English, who perceived the same, attacking
them in that disorder, obtained an easy victory, whilst they
were in suspense whether to fight or fly. Men, horses, artil
lery, and baggage, were all confusedly driven into the Solway
marshes,1 and a great many willingly surrendered themselves
to a few English vastly inferior to their own number,2 without
Peerage which he resigned in favour of William his eldest son by his
second Countess. That Earl was the brother of Sir Oliver St Clair, the
father of the unlucky hero of the Solway affair, who was the brother of
Henry Sinclair, Rector of Glasgow, one of the Lords of Session, Abbot of
Kilwinning, and Bishop of Ross ; and of John Sinclair, Dean of Restalrig
near Edinburgh, afterwards Bishop of Brechin, one of the Judges and
Lord President of the Court of Session, who married Queen Mary to
Lord Darnley in the Chapel Royal of Holyrood Palace in 1565. The
opposition of the Nobility to Oliver Sinclair, or, as he is designated, Sir
Oliver Sinclair of Pitcairns, was not on account of his obscure lineage, but
because he was the King's favourite, and was then too young to be en
trusted with such an important duty as to command the Scottish army.
From Sir Oliver Sinclair, father of the King's favourite, descended the
ancient family of Roslin, the direct male branch of which terminated
with William St Clair, Esq. of Roslin, Hereditary Grand Master Mason
of Scotland, who died unmarried in 1778, in the seventy-eighth year of
his age. See observations on the Earldom of Orkney in the middle of
the fifteenth century, in the " Inquiry into the Law and Practice in
Scottish Peerages," by John Riddell, Esq. Advocate. Edinburgh, 8vo.
vol. ii. p. 608, 609.— E.]
1 The army was on the Scottish side of Solway Frith, on the Debateable
Ground, betwixt the waters Esk and Sark. This Debateable Ground is
six miles long, near two miles broad at most, but in some places not one
mile. — [See the previous note, p. 46, 47, on the Debateable Ground. — E.]
2 Some English historians say that our army consisted of 15,000 men,
with a train of 24 pieces of artillery, that their own consisted only of 400,
and that there were~taken prisoners of the Scots about 1000/ — [We have
seen that an army of 30,000 men assembled on the Boroughmuir near Edin
burgh in October 1542, and marched to Fala ; but the declaration of the
Nobility, that they would act only on the defensive, compelled James V. to
disband this force. On the occasion of Solway Moss, it appears that 10,000
men were levied, and only 300 or 400 composed the English under Thomas
Dacre and John Musgrave, who advanced merely to observe the motions
of the Scottish troops. Among nearly 1000 prisoners taken by the
English, were the Earls of Glencairn and Cassillis, Lords Maxwell,
Somerville, Gray, Oliphant, Fleming, and other chiefs, amounting to
about sixty. The names of the prisoners and their sureties are inserted
in Lodge's Illustrations, vol. i. p. 37. — E.]

1542.] OF CHURCH AND STATE IN SCOTLAND. 53
making so much as a shew of resistance or defence, so that
not one single man was killed on either side.
The news of this loss, for it cannot properly be called a
defeat, at Solway Moss being brought to the King, then at
Caerlaverock,1 he became extremely disconsolate, and began
to apprehend that the whole Nobility had conspired his over
throw. The Cardinal, also, who had greatly advised him to
this unfortunate expedition, was in a huge consternation.
The day after the battle the King returned to Edinburgh,
and in a few days he went into Fife, and retired to his Palace
of Falkland, where he gave himself up entirely, to melan
choly. No man almost got access to him except his chief
confidents ; and he remained fixed to his bed, being vexed
with various cares, and quite worn out with watching and
fasting. While he lay in this dismal posture, news was brought him
that the Queen was brought to bed of a daughter at Lin
lithgow, and when he heard this, he is said to have turned
his face to the wall, and to have spoken to this purpose : —
" It will end as it began. The crown came by a woman, and
it will go by one. Miseries approach this poor kingdom.
King Henry will labour to make it his own, by arms or by
marriage." After this, either by grief or poison,2 he died
1 A castle distant about twelve miles to the west from the Marshes. —
[Bishop Keith must here mean Scottish miles, for Caerlaverock Castle is pro
bably twenty-four English miles from the river Sark, which is the boun
dary between Dumfries-shire and Cumberland at the ancient Debateable
Ground. The ancient Castle of Caerlaverock is on the coast of the Solway
Frith in the parish of its name, which comprises the tract on the east side
of the river Nith, near its entrance into the Solway Frith, and bounded on
the east by the Lochar, which joins that estuary at Lochar Mouth, after
traversing the Lochar Moss in the parishes of Dumfries and Torthorwald.
The Castle is about eight miles south-west from the town of Dumfries.
It is celebrated in history, and an account of the siege of it by Edward I.
in 1300, written by Walter of Exeter, was published in 1828 by Sir Nicholas
Harris Nicolas, in one volume quarto. The Castle was long the strong
hold of the Maxwells. It was repaired in 1638, and taken by Cromwell
in 1651, soon after which event it was allowed to become a ruin, but it is
still a massive structure, and is an object of great attraction in its lo
cality. — E.]
2 Both Drummond and Melville report, especially the latter, that the
clergy caused him to be poisoned ; but as it is ordinary to affirm that
kings die of a dose, and neither Knox nor Buchanan saying any thing of
it, it is hard to determine in the matter. Sir James Balfour says he died
of a Lent fever. — [The accusation that the King was poisoned by the clergy
is an atrocious falsehood, unworthy of notice. — E.I

54 THE HISTORY OF THE AFFAIRS [1542-3.
the  x day of December 1542, having lived thirty years
and eight months, leaving his heiress an infant only some
few days old.2 It is a gross error in our historians to say he
died in the thirty-third year of his age.
On the 14th day of January 1542-3, the King's body,
having been transported from the Palace of Falkland,3 where
1 The learned annotator on Buchanan, Hist. fol. edit. Edin. 1715, p. 450,
has enumerated the principal authors that condescend on the day of the
King's death, some placing it on the 10th, others on the 13th, 14th, and
20th days of December ; but the most probable of all is that he died
the 13th, because this is supported by a letter written by the Earl of
Arran, Governor of the kingdom, to the Pope. Vide Epist. Regum Scot.
vol. ii. And there is in the Advocates' Library a copy of the confirma
tion of former leagues betwixt the Kings of France and Scotland, which
is dated the 15th of December, in the second year of the reign of Queen
Mary, by which we are assured that the King was dead before or on the
15th of December the preceding year. — [Bishop Keith leaves the date
blank in his text, but it is now ascertained that James V. died on the 14th of
December 1542, which is confirmed by the authorities cited by Pinkerton,
viz. Harleian MS. 2363. Cal. B. v. 192, and B. viii. 296. Cardinal Beaton,
the Earls of Argyll and Rothes, Lord Erskine, Durie » physician, Sir
David Lindsay of the Mount, and a few others, were with the King when
he expired. — E.]
2 Lesley says Queen Mary was born on the 7th day of December, Knox
and Drummond the 8th. As to the difference, that is remarked in Buch
anan, who says, in the close of the 14th Book of his History, that King
James V. died relictafilia ante quintwm diem nata; and in the beginning of
the 15th Book, Puellam octavo ante ejus mortem die natam reliquerat. Per
haps it may be reconciled by observing that the 8th of December is
just five days before the death of the King, if supposed to be on the 13th,
which might occasion a casual mistake in the author's own writing, or in
his transcriber. — [Queen Mary was born on the 7th of December, exactly
seven days before her father's death; — E.]
3 The village and Palace of Falkland, in the county of Fife, is twelve
miles from St Andrews on the west, and ten from the water of Forth
north from Edinburgh. It was anciently the seat of Macduff Earl of
Fife, from whom it came to Murdoch afterwards Duke of Albany, after
whose forfeiture and execution for high treason, in the reign of King
James I., it hath probably fallen to the Crown. King James V. seems to
have resorted much there for love of the large hunting fields that lie
near the place. — [Bishop Keith again means Scottish miles. Falkland
Palace is ten English miles south-west of Cupar-Fife, which is ten miles
from St Andrews, and Falkland is at least fifteen miles by the road from
Kinghorn, on the north shore of the Frith of Forth, and twenty-five miles
from Edinburgh. The Palace is close to the ex-royal burgh of its name
on the north side of the Easter Lomond Hill, and is part of three sides of
a square which was repaired by James V. The restoration of the edifice
was begun in 1823 by Mr Bruce of Falkland, and completely finished by
his relative and heiress, Mrs Tyndal Bruce. The architecture is very
elegant, and a beautiful garden, laid out in the most ornamental manner,
surrounds the Palace. A part of the front of the edifice has a strong

1542-3.] OF CHURCH AND STATE IN SCOTLAND. 55
he died, to the Chapel of the Palace of Holyroodhouse,1
was honourably deposited there beside the body of his first
Queen ; the Cardinal, the Earls of Argyll, Marschal, Rothes,
Arran, and a great many more of the Nobility attending the
corpse. Nor was there any thing wanted that could render
the funeral pomp both decent and magnificent. The em
balmed body is yet to be seen, whole and entire, in a vault2
built by his grandchild King James VI., in the south-east
corner of the neff of that stately church, which stands to
this day, the choir whereof was demolished by the English
armies that thereafter entered Scotland.
resemblance to the south-west towers of Holyrood Palace at Edin
burgh. — E.]
1 The Palace and Abbey of Holyroodhouse stands close at the east end
of the city of Edinburgh. The Abbey belonged to the Canons-Regular.
— [The Palace and Abbey, or properly the now ruinous and roofless
Chapel-Royal, abounding with the most interesting associations, are so
prominent in all the local accounts of Edinburgh as to require no par
ticular notice in this Work. The site of the Palace and Abbey is, as stated
by Bishop Keith, at the east end, or, as it is locally phrased, at the foot of
the Canongate. The hills known as Arthur's Seat and Salisbury Crags are
in the extensive royal domain behind the Palace. The Chapel-Royal is the
only remaining part of the abbey church of the monks of Holyrood. — E.]
2 In the same vault are to be likewise seen the bodies of Queen Magda
lene, of the Lord Darnley, husband of Queen Mary the King's daughter,
of the Countess of Argyll his natural daughter, &c, all which bodies are
lying open to the view within the vault, the coffins having been broke
open by a disorderly mob in the month of December 1688. — [The shame
ful neglect of the Royal Vault in the Chapel-Royal of Holyrood is a na
tional disgrace. The mob at the Revolution broke into it, carried off the
lids of the coffins, and profaned the church by their sacrilegious plunder.
Arnot states that in 1776, when he saw the body of James V. and others
of the Royal Family of Scotland interred in the Royal Vault, the coffins were
stolen, and the skulls of Queen Magdalene and of the unfortunate Lord
Darnley had been pilfered, but the thigh bones of the latter remained.
History of Edinburgh, 4to. 1779, p. 253, 254, 255. In 1844 all the bones
in the Royal Vault, which is carefully secured, appeared as huddled to
gether in a promiscuous heap. The Abbey and Chapel-Royal of Holy-
rood have been long held in peculiar veneration by the members of the
Scottish Episcopal Church. The following notice, by an eye-witness, of
the Royal Vault — a most dismal and repulsive hole, may be considered
interesting : — " In this month of January 1683, was discovered acciden
tally, by the removing some seats in the church of Holyroodhouse, the
vault on the south east end [side] of the church where the body of King
James V. lies buried. Skene and others, in their chronologies of the Scots
Kings, tell us he was buried at Holyroodhouse, but the length of time
and negligence had worn the particular place out of the memory of men.
It was known to be him by the inscription on his leaden coffin. I had the
curiosity to go and view the relics of the gallant Prince. In the pend

56 THE HISTORY OF THE AFFAIRS [1542-3.
King James was born in the month of April 1512,1 and
lost his father at the unfortunate battle of Flowdon Hill in
Northumberland on the 9th of September, in the following
year 1513. It hath been already observed that the ad
ministration of the Government during his minority was,
according to his father's latter will, lodged in the hands of
his mother during her widowhood ; and that, after her mar
riage, John Duke of Albany was, by the States, declared
governor of the realm, in which office he continued till the
King took the administration upon himself. His Majesty
was of a middle stature, but rather tall ; his eyes of a dark
grey, and very penetrating; his hair of a yellow colour,
turned up into links ; his voice sweet ; his aspect and counte
nance comely ; so that he was reckoned the handsomest
prince of his time. His body was sound and healthy, and
of a vigorous constitution ; and he rendered it still more firm
and strong by a constant application to labour and exercise,
[arched vault] or cell there are no leaden coffins. The first is King
James V. who died in 1542, but Drummond of Hawthorden, in the very
end of his Life, tells us this is not the place where he was first interred, but
that King Henry VIII. of England's army having defaced his tomb and
monument, he was transported into this vault by King James VI., and
re-embalmed, which appeared by the freshness of his body and the liquor
about him. The second is his first Queen, Magdalene, daughter to Francis
I. King of France, who died in 1537. The third is Henry Lord Darnley,
father to King James VI., and Queen Mary's husband, who was strangled
in 1567. By his body he appears to have been a very tall proper man ;
others call the body Signor David Rizzio's, the Italian musician. The
fourth is Lady Jane Stuart, bastard daughter to King James V., and
Countess of Argyll, who died in 1587. The other two are some of their
children." Historical Observes of Memorable Occurrents in Church and
State from October 1680 to April 1686, by Sir John Lauder of Fountain-
hall, Edin. 4to. 1840, printed for the Bankaxtnb Club, p. 89, 90.— E.]
1 The day of his birth is uncertain ; some say it was the 15th, others the
11th, and others the 5th. — [Pinkerton states—" He was born about the 16th
of April, as appears from a letter of Magnus, Cal. B. VI. f. 333, mention
ing that at Easter, 1525, James would attain the age of thirteen. In the
Epistle, R. S., 1. 142, date duodecimo as the MS., not undecimo ; Easter hap
pened on the 11th of April, so that the birth of James is fixed to the 10th
of April 1512 by that letter, p. 141."— History of Scotland, note, vol. ii. p.
110. Yet Pinkerton has a contradictory statement in another part of his
History. He says — " James was born on the 10th of April, as above
evinced, and some contraction has occasioned the change of date from the
13th or 23d to the 3d. Yet, as his birth happened on Easter Eve, it is
likely that it was computed from Easter to Easter, as the letter of Magnus,
quoted in the commencement of this Reign, seems to prove." History of
Scotland, Note, vol. ii. p. 342.— E.]

1542-3.] OF CHURCH AND STATE IN SCOTLAND. 57
and an exemplary sobriety in his eating and drinking. He
had likewise a quick and ingenious mind ; but, by the mis
fortune of the age in which he lived, it was not sufficiently
cultivated with generous education. Yet he loved learning
and learned men, and was naturally given to poesy, in which
he hath succeeded very well, if the old Scots ballads, which
fame ascribe to him, be really genuine and of his composition.
He was likewise well seen in the laws and customs of his
kingdom, and did oft-times hear and decide controversies in
the places through which he travelled. And because he
observed that his subjects were at a great loss for want of a
settled Court of Justice, managed by Judges learned in the law,
he first instituted in Scotland the COURT OF SESSION,1
or COLLEGE OF JUSTICE,2 consisting of fifteen Judges,
to remain fixed in a certain place, as it subsists to this day.
And long may it do so ! Moreover, his propensity to justice
1 There had been a design set on foot for a fixed Court of Justice by the
Duke of Albany during his Regency, and perhaps the King took the hint
from thence ; or probably they both took it from what they had seen in
France. The thing was in agitation for a considerable time by the King,
as would appear from our historians ; but the first Act of Parliament con
stituting the Court is of no older date than the 7th of May 1537, and the
Pope's Bull authorizing it is dated the 12th day of March 1534 ; for the
Court consisted then of seven clergymen, seven laymen, and a President
of the clergy ; but since the Reformation all the fifteen Judges are of the
laity. 2 [The capitals are Bishop Keith's, as are also the italics — " And
long may it do so /" The cause of the Bishop's fervent admiration of the
Court of Session is not apparent. He is wrong in stating that " since the
Reformation all the Judges are of the laity." The distinction of spiritual
and temporal Judges was long carefully preserved — a spiritual Judge being
appointed when a vacancy occurred on that side of the Bench, and a lay
man when the same happened on the temporal side ; but this peculiarity
was ordered to be " suppressed and forgotten" by an Act of the Cove
nanting Parliament in 1640, by which all the Judges were ordered to be
laymen (Act. Pari. Scot, folio, vol. v. p. 306), and this arrangement has
been always observed since, with the exception of Alexander Burnet, Arch
bishop of Glasgow, who was appointed an Extraordinary Lord of Session
on the 4th of November 1664. Assuming the year 1560 as the date of the
triumph of the Reformation in Scotland, the Judges on the spiritual side
of the Court were numerous, previous to the outbreak of the Covenanting
rebellion in 1630. Among these were James Balfour, Parson of Flisk ;
John Leslie, Parson of Oyne ; Adam Bothwell, Bishop of Orkney ; Robert
Maitland, Dean of Aberdeen ; Archibald Douglas, Parson of Douglas and
of Glasgow ; John Sinclair, Bishop of Ross ; Alexander Gordon, Bishop
of Galloway ; Archibald Crawford, Parson of Eaglesham ; John Lindsay,
Parson of Menmuir ; John Barton, Dean of Dunkeld ; John Colville, Chan tor

58 THE HISTORY OF THE AFFAIRS [1542-3.
was such, and his desire to suppress the then too much pre
vailing custom of robbery and thieving so great, that, when
ever he got notice of a company of thieves, he would mount
his horse by day or by night, in hot, cold, or wet weather, and
seldom halted till he had dispersed or catched them ; and
this many times he would do in a manner that did but too
much expose the majesty of his person to those wild and
rude ruffians. However, it so fell out by the providence of
God, that he never received any harm that way. Nor was
this justiciary care of his confined to the inland parts of
his kingdom only ; for he also made a bold attempt, and
sailed round the Isles, ministering justice by executing
the most guilty, and compelling others to give security
for their future good behaviour. This extreme vigilance
to deliver his kingdom from spoil and rapine, the terror
which he struck into those banditti,1 and a most easy
access granted to the poorest and meanest of his subjects,
gained him the name of a good poor man's King, and raised
a common saying, which continues to this day, viz. — That
lie made the rush-bush keep tlie cow. But his princely regard
for the welfare of his people did extend itself yet farther, in
encouraging them much to prosecute and apply themselves
to foreign trade ; and he brought into the country foreign
artificers to set up and teach manufactures at home, and
particularly men skilled in mining, by whose assistance he
first digged up gold in this kingdom.2 He was a good
of Glasgow ; Peter Bollock, Titular Bishop of Dunkeld ; John Spottis
woode, Archbishop of Glasgow ; John Maxwell, Bishop of Ross. Some of
them, however, were Extraordinary Lords, whose office, by statute George I.
c. 19, was abolished, and expired with John Hay, fourth Marquis of
Tweeddale, who died on the 9th of December 1762. The Extraordinary
Lords derived no advantage from their appointments, and were remov
able by the mere will of the sovereign. By the original constitution, the
College of Justice consisted of a Lord President and fourteen Senators,
and this number continued unaltered for nearly three hundred years,
amid all the changes which took place in the powers and jurisdiction of
the Court, till they were reduced to thirteen by the Acts, 11 Geo. IV.
and 1 Will. IV.— E.]
1 I choose to call them so, because they were worse than what we com
monly call robbers, for they went about in great companies openly and
without fear, with a captain at their head. Something of this kind is to
be found in the Highlands at this day. — [Before the abolition of the he
reditary jurisdictions after the suppression of the Enterprize of 1745. — E.]
2 [Bishop Keith's eulogy on James V. for encouraging manufactures

1542-3.] OF CHURCH AND STATE IN SCOTLAND. 59
manager of his treasure and of his private affairs, yet stately
and magnificent, when his dignity required it. In a word,
he was a Prince adorned with many good endowments, and
might have proved a great blessing to a wise nation. His
death was certainly an unspeakable loss.
As to the vices charged upon the King by Buchanan
and Knox, two historians contemporary with him, though
too much affecting a power in the populace, not to find some
faults in a King who endeavoured early to maintain the dis
tance of majesty, and support the dignity of a crown, it
may be looked upon as an excellent apology for him what
both relate of him, namely — That his bad morals were rather
to be attributed to the licentiousness of the times, than to
his own natural disposition. By which bad morals are to
be understood his being too much addicted to women, and
making too light of taking the name of God in vain1 ; for
and mining in Scotland is justly merited. After mentioning his importa
tion of superior breeds of horses from Denmark and Sweden, and his at
tention to his artillery and military stores, Pinkerton eloquently observes
— " With yet more laudable views, artisans of all descriptions were sedu
lously invited from the same countries, and from Holland, Spain, and
England ; and the royal munificence secured their abode in Scotland by
the most liberal wages, and even by annual pensions. Invited by his
fame as the patron of every useful labour, some Germans had visited
Scotland, and endeavoured to discover gold in the mines of Crawford
Muir, but with dubious success, though it be certain that this precious
metal is found in the Scottish soil." History, vol. ii. p. 372, 373. Gold
was subsequently found in Crawford Muir, better known as Leadhills,
and some valuable specimens are still preserved ; but bullion was always
imported into Scotland }}j merchants in proportion to their cargoes, which
was regulated by an Act passed in 1488. Acta Pari. Scot. vol. ii. p. 212.
Pinkerton cites Lindsay of Pitscottie, who enumerates gunners, carpenters,
carvers, painters, masons, smiths, harness makers, weavers of tapestry,
embroiderers, tailors, surgeons, apothecaries, " with all other kinds of
craftsmen that might bring his realm in policy." — E.]
1 [The habit of profane swearing in which James V. is said to have in
dulged is not particularly mentioned by historians. His " being too much
addicted to women" is a matter of notoriety, and seems to have been the
characteristic of all his royal ancestors of the name of James. He left six
illegitimate children — James, Abbot of Kelso and Melrose, by Elizabeth
Shaw of the Family of Sauchie, who was educated by Buchanan, and died
in 1558 ; another James, afterwards Earl of Moray and Regent, by
Margaret daughter of John Lord Erskine, who married Douglas of Loch-
leven ; Robert, Prior of Holyroodhouse, though never in holy orders,
afterwards titular Bishop of Caithness and Earl of Orkney ; John, Prior
of Coldingham, and subsequently Earl of Bothwell ; Janet, who mar
ried the Earl of Argyll, by Elizabeth daughter of Sir John Carmichael ;

60 THE HISTORY OF THE AFFAIRS [1542-3.
these are the only two vices that I find sufficiently vouched
against him ; and would to God they were vices yet less to
be censured amongst the great in our days, than they were
in him. As to covetousness of money, which is laid to his
charge by Mr Buchanan, any person who is well acquainted
with the history of King James, will perceive some mistake
to be therein ; nay, that same author seems not to insist upon
it. The single remaining flaw observed in the King, which
would be looked upon as an imprudence rather than a vice,
was a too great disregard of his Nobles. I shall not presume
absolutely to vindicate or condemn him in this, unless cir
cumstances were better known than they now are, or ever
are like to be ; but this I may say, though with regret, that
whosoever shall look into the body of our historians, be they
never so popularly affected, will find that the Nobles of Scot
land, particularly since Malcolm II. divided the lands of the
kingdom amongst them, seven hundred years ago, have not
only been frequently factious, and very troublesome to one
another, but have often extended their insolencies even to
the sacred persons of their sovereigns ; and this very King
had sufficiently experimented the like treatment during his
minority. Now, if, in a country where such rebellious practices
have prevailed and become habitual, a King shall arise who
would pretend to keep the Nobles in their duty, it is almost
plain to a demonstration that grudges will ensue ; and it
is equally certain, that if there be in the kingdom another
set of men that can be made use of as a balance to support
the King in his just prerogative, that King will as certainly
place his favour on these men, which is the very thing that
King James was blamed for, with respect to the clergy in
opposition to the Nobility. And if this was the case with him
and his Nobles, as indeed it was, then every one is at freedom
to form what judgment he shall think proper concerning the
conduct of this King. It is hardly to be imagined that so
fine a gentleman as the King was, would merely out of
caprice, have set himself to extirpate or even discountenance
his Nobles, but the late minorities in the Royal Family, which
have been already taken notice of, having probably rendered
and Adam, Prior of the Charterhouse at Perth, by Lady Elizabeth
Stuart, daughter of John Earl of Lennox. It is said that James V. had
other illegitimate children by women of inferior rank. — E.]

1542-3.] OF CHURCH AND STATE IN SCOTLAND. 61
them out of measure insolent ; and besides, he being a person
of a sound judgment, and finding few of the Nobility capable
to serve him as ministers of State, for want of education and
letters, saw himself under a necessity of making use of the
clergy and other gentlemen of inferior rank, whose circum
stances in the world had obliged them to cultivate their minds
with learning, in order to obtain preferment. What Mr
Sadler, in his first embassy to Scotland, writes to one of the
Privy Council of England, after he had taken notice of our
King's Court, may in great measure serve to confirm this ob
servation, and to support his Majesty's wisdom in the choice
of his favourites. " To be plain with you," says the ambassa
dor," I seenone among them," i.e. the Scottish Nobility, "that
hath any such agility of wit, gravity, learning, or experience,
to take in hand the direction of things ; so that the King,
as far as I can perceive, is of force driven to use the Bishops
and his clergy, as his only ministers for the direction of his
realm. They be the men of wit and policy that I see here."
The King married, first, Magdalene1 daughter to Francis I.
King of France, on the 1st day of January 1536-7, in the
city of Paris, with whom he landed at Leith in the month
of May thereafter ;2 but as she was looked upon to be
1 Lesley and Buchanan do both take notice that Mary of Bourbon,
daughter to the Duke of Vendosme, was the first projected wife for the
King, and Buchanan says that though the King's ambassadors succeeded
very well in their negociation, yet they had not courage to finish the mar
riage contract, without first acquainting their master ; yet Mezeray affirms
that the contract was actually signed. That French historian, and not Mr
Buchanan, hath good ground for what he relates, for I have seen a copy of
the contract in the Lawyers [Advocates'] Library, dated at Cremieu in the
Dauphinate the 6th of March 1535-6, signed both by the King of France,
the adoptive father of the Princess, and by all our King's ambassadors,
who were James Earl of Murray, natural brother to the King and Lieu-
tenant-General of the kingdom ; William Stewart, Bishop of Aberdeen,
the Treasurer ; John Lord Erskine ; Sir Thomas Erskine of Brechin, the
Secretary, Robert Reid, Abbot of Kinloss ; and, who should have been
named first, John Duke of Albany, the late Governor of the kingdom,
then living in France, and whom the King by his commission, which bears
date from Stirling the 29th of December 1535, expressly requires to be
one of the three that must still be present at the consulting and drawing
up of the conditions of the contract. The King, upon advice from his
commissioners, took journey into France, but it seems the lady did not
please him, after he had incognito seen her, which she took so ill that she
afterwards renounced the world, and turned religious.
2 Lesley says she arrived the 19th of the month ; Buchanan, on the 28th.
— [James V. and his amiable Queen Magdalene of Valois, daughter of

62 THE HISTORY OF THE AFFAIRS [1542-3.
but in a languishing state of health, at the time of her
marriage, so she lived but a short space after her arrival in
this country ; for she died in the month of July that same
year.1 Yet, by her gracious deportment, the little time she
was among us she had so gained the hearts and affections
of persons of all ranks and conditions, that her death was
much lamented ; and for a testimony of their sorrow they
put on mourning, which, as Mr Buchanan judges, was the
first time that mourning-clothes were worn in Scotland.2
The following year the King married, by proxy, Mary
daughter to the Duke of Guise, and widow of the Duke of
Longueville, who arrived at Crail, on the coast of Fife, the
10th day of June 1538. By her he soon after had two
sons — James, born in the year 1539, and Arthur in 1540 ;
but they both died in the beginning of August, about a
month after the birth of the last. The Queen after this
brought forth only one daughter named Mary, who became
her father's successor in the kingdom.
Francis I., arrived at Leith on Whitsun Eve, the 19th of May 1537, at
ten o'clock in the evening. — E.]
1 Buchanan says on the 7th day ; Lesley the 10th. — [There is no doubt
that Queen Magdalene died on the 7th of July 1537. See the Extracts
from the Lord Treasurer's Accounts in Pitcairn's Criminal Trials, vol. i.
Part I. p. 287, 297. We have an item entitled — " The Queen's Obit, norm
Julii." Queen Magdalene, who died enciente at the early age of sixteen,
was born " en Aoust 1520, le jour Saint Laurent, 10 heures apres midy a
Saint Germain en Laye," Chronicle of Louisa of Savoy, mother of Francis
I., apud Guichenon's History of Savoy, torn. v. p. 461, quoted by John
Riddell, Esq. Advocate, in his " Inquiry into the Law and Practice in
Scottish Peerages," vol. i. p. 448. Mr Riddell inserts an Epitaphium
" written in a contemporary hand, in an original notarial protocol, contain
ing various instruments during the period." The concluding lines are —
" Quid juvet in ldngo producere stemmate vitam,
Pallida tarn juvenes mors rapit atque senes.
Vive, igitur, felix, mi Jacobe, in Nestoris annos —
Haud secus atque tui, si memor ipse mei."
" How sadly," says Mr Riddell, " was the prayer here disappointed by the
result ! Magdalene was popular, and a favourite with the nation. Every
one knows Buchanan's lines —
" Nata bis octonos Valesia Magdalis annos, &c.
 spe, et votis Regia mater eram," &c. — E.]
2 [All historians are agreed that the death of Queen Magdalene was the
first occasion of a general public mourning in Scotland. Buchanan, who
was an eye-witness, says it was the first instance of mourning dresses
having been worn by the Scots, " which even now, after forty years, are
not very frequent, although public fashions have greatly increased for the
worse." — History, Book xiv. 52. — E.]

1542.] OF CHURCH AND STATE IN SCOTLAND. 63

CHAPTER III.
A CONTINUATION OF THE AFFAIRS OF STATE FROM THE DEATH
OF KING JAMES V. ANNO 1542, TILL THE DESCENT MADE UPON
SCOTLAND BY THE ENGLISH NAVY, ANNO 1544.
King James V. dying thus in the flower of his age, and
leaving the kingdom under great disorder, both by reason
of the war with England and for want of a settled adminis
tration at home, the Cardinal of St Andrews, hoping to
aggrandise himself amidst the public calamities, did, as
it is said, in the last minutes of the King's life, and when
he was even almost dead, take the King's hand into his,
and so leading it along, caused him subscribe a blank paper,1
1 This is the current report, but whether true or not true I shall not
offer to determine. It is indeed certain that the Earl of Arran talked of
it with Mr Sadler as a crime for which he might prosecute the Cardinal,
for which see Sadler's Letters, p. 161. Bishop Lesley takes no notice of
any such thing, but owns that the Cardinal and some others opposed the
advancement of the Earl of Arran, because, as they affirmed, the late
King had, by his testament, appointed four administrators of the kingdom
during the nonage of his daughter, which, however, that author confesses
they could not sufficiently make appear. If the Cardinal was really guilty
of this crime, it seems hard to conceive how it came not to be laid to his
charge at the time he was shut up in prison ; and that no such thing was
done is evident, from the following part of a letter, from the King of
England, to the above mentioned Mr Sadler his Ambassador, dated 30th
March 1543, viz. — " We could never yet hear from them [the Lords of
Scotland] what special things they had to lay against the Cardinal when
they took him." — [The story told by Knox and Buchanan is that Cardinal
Beaton hired a mercenary priest to counterfeit a will, and caused the King
to transcribe it, or at least to subscribe a blank document, which was
afterwards filled up. The Cardinal is said to have guided the King's hand
himself in this matter, and Knox asserts that James was actually dead
when the Cardinal seized his hand. If we consider the character of the
individuals who were in Falkland Palace with the Cardinal at the time of
the King's death, most of whom were his inveterate enemies, and one of
them — Norman Leslie- — the chief conspirator in his assassination, yet none
of whom afterwards brought forward this charge against him, it must be
received with caution. It was nevertheless generally believed, and the
Cardinal neither affirmed nor denied it himself, but posted immediately to
Linlithgow Palace to visit the Queen, who, notwithstanding her situation,
was able to converse with him on public affairs. He caused himself to be
proclaimed Regent along with the noblemen mentioned in the document.

64 THE HISTORY OF THE AFFAIRS [1542.
wherein afterwards he himself was appointed tutor to the
young Queen, and governor of the realm ; and three of the
principal Nobility assigned him as councillors or assessors in
the administration, viz. the Earls of Huntly, Argyll, and
Arran.1 This counterfeit testament, the Cardinal caused
to be proclaimed at Edinburgh on the Monday after the
King's death, as may be gathered from Mr Knox ; but
as the truth of this testament began soon to be suspect
ed, the Nobles, and other persons of distinction, together
with the relations of the Earl of Arran, who was next in
blood to the crown, did, on the 22d of December, ac
cording to Lesley, proclaim that Nobleman governor of
the kingdom, and tutor to the Queen, notwithstanding
the struggle and opposition made by the Cardinal and
his party.
Whilst these things were a transacting in Scotland, the
chief of the prisoners taken at Solway Moss were carried to
London by Sir Henry Saville and Sir Thomas Wentworth,
whither they came on the 19th of December, wearing, by
King Henry's appointment, a red St Andrew's Cross, and
were presently committed to the Tower ; and on the 21st
of the same month, the Nobles, together with Oliver Sinclair,
were conducted by Sir John Gage, Constable of the Tower,
riding before them, and the Lieutenant behind them, two
by two, in new gowns of black damask furred with black
conies, coats of black velvet, and doublets of satin, to the
Star Chamber, where Thomas Lord Audley, the Chancellor,
reprimanded them in the King his master's name for the
late attempt upon his kingdom ; but withal told them —
" That such was his Majesty's benignity, that he would shew
them kindness for unkindness, and right for wrong ;" and
thereupon, after their promise to remain true prisoners,
commanded that they should no more be returned to jail,
but be distributed into divers Noble houses, there to be
One thing is certain, that whatever share the Cardinal had in the matter,
he found no difficulty in arranging it after Arran's assumption of the
Regency. Three days afterwards, on the 25th of December, free pardons
were granted to him and the other Lords involved in the transaction, the
Cardinal having been Regent of Scotland only about one week. — E.]
1 Buchanan expressly and only mentions the Earl of Arran as one of
the three, but that Lord is omitted by Knox and Spottiswood, and the
Earl of Moray, the late King's bastard brother, put instead of him.

1542.] OF CHURCH AND STATE IN SCOTLAND. 65
entertained suitably to their rank and quality; which was
immediately done, and they were lodged with the principal
persons and officebearers of England, such as the Arch
bishop of Canterbury, Lord Chancellor,1 Dukes of Norfolk,
Suffolk, &c. Now, as King Henry was well known not to
be over mild in his nature, this management of his makes it
appear how earnest he was to gain the friendship of the
kingdom of Scotland, which, as we have already shewn, he
had had of a long time much at heart ; and the truth is, he
was very lucky in his late civility to his prisoners, for on the
morrow, news was brought him of his nephew the King of
Scotland's death,2 and of the birth of his daughter a few days
before. This begot a new scheme in the mind of King
Henry, who gave orders for the Scottish Lords to attend
him at Court, on the 26th of the same month, where they
were nobly entertained, and then he discovered3 to them his
inclination to have the kingdoms of Scotland and England
united, by a marriage betwixt his only son Prince Edward,
a child little above five years old, and Mary their infant
sovereign ; nor did his Majesty leave any proper means* un-
essayed, to gain the assistance and good offices of the Noble
men, to second his design. And it is certain that some of
them did very cordially enter into his measures, promising
upon oath, and binding themselves to labour all they could,
not only to bring about the projected match, but likewise to
bring the young Queen immediately into England, and to get
the government of the kingdom of Scotland devolved upon his
Majesty, and the strongholds thereof delivered into his hands.
Hereupon King Henry released them all, under obligation,
nevertheless, to give their sons or nearest relations as pledges
for entering themselves prisoners again, if they should not be
able to accomplish what they had undertaken, against a cer
tain day prescribed them by that King. Under these en
gagements, they began their journey homeward on the first
1 [Thomas Goodrick, Bishop of Ely, Lord Chancellor from 1534 to
1545.— E.]
2 It may, however, be a question whether King Henry might not have
had private intelligence of all this, even before he caused the Scottish
Lords to be brought from the Tower, our King having been dead a full
week before that time.
3 Some English writers say that the Lords of Scotland first proposed
the match.
4 It is plain, from Mr Sadler and other English historians, that King-
Henry kept them in pension to forward his designs.

66 THE HISTORY OF THE AFFAIRS [1542-3.
day of January 1542-3, having in their way dined at Enfield,
in order to see the young Prince, whose cause they were to
take in hand. And in their company, and under the same
obligations, returned Archibald Earl of Angus, brother-in-
law to King Henry, and his brother, Sir George Douglas,
who had been exiles in England for the space of above
fourteen years, with letters from the King of England, con
taining a request for their restitution to their lands, liber
ties, &o.
The Lords1 arrived at Edinburgh about the middle of
1 These were the Earls of Cassillis and Glencairn, the Lords Somerville,
Maxwell, Gray, Oliphant, and Fleming. It doth not appear by Mr Sadler's
negociations that any other of the Scottish prisoners were sent home on
this errand ; however, I shall, for the satisfaction of the reader, set down
here from the " Foedera Anglia?," the names of the other principal persons,
together with the sums stipulated for their ransoms, by the ambassadors
of Scotland, at the time that the treaties of marriage and commerce were
agreed upon this summer, at which time the ransoms for the above Noble
men, viz. — Cassillis, &c. were stipulated also ; by which it would appear
that they had been dismissed by King Henry upon their single parole, at
least till they came to Newcastle, where they remained till their hostages
came thither. Earls of Cassillis and Glencairn at L.1000 each ; Lords
Somerville, Maxwell, and Fleming, 1000 merks each ; Lord Gray, L.500 ;
Lord Oliphant, 800 merks ; Oliver Sinclair, L.500 ; George Home Lord
of Ayton, L.200 ; Robert Erskine, son and heir to the Lord Erskine,
L.200 ; William Seton, 200 merks ; Patrick Hepburn, 500 merks ; James
Pringle, 400 merks ; James Sinclair, L.100 ; Alexander Sinclair, L.100 ;
John Maitland, L — d of Awn Castle, 200 merks ; Henry Maxwell, brother
to the Lord Maxwell, L.100 ; John Ross Lord Craigie, the Lord Monkereth,
William Monteith, Lord of Carsy, 300 merks each ; John Leslie, younger
son to the Earl of Rothes, 200 merks ; John Carmichael, eldest son to the
Captain of Crawford, L.200, all sterling money. And it was agreed that,
in case the English prisoners be taxed at a lower rate in Scotland, the
sums above limited shall be abated in proportion ; and likewise that the
prisoners of Scotland shall be used with such gentleness as shall be shewed
to the prisoners of England. This last clause would seem to make it
evident that those other Scottish prisoners here mentioned, were yet de
tained in captivity, except the seven Noblemen first mentioned, and per
haps Oliver Sinclair. — [Rymer's " Foedera," folio, 1712, vol. xiv. p. 796,
797. John Maitland is designated Matland of Awyn Castle. The object
of Bishop Keith, in printing him as L — d, by which he must have intended
Lord or Laird, is not apparent. George Home, " Lord of Ayton ;" John
Ross, " Lord of Craigie ;" the " Lord Monkereth," and William Monteith,
Lord of Carsy, were not Noblemen, but simply landed proprietors, small
Barons, or Lairds, as they were designated in Scotland, and of the same
rank as the Lord of a Manor in England, or simply country gentlemen. The
" Lord Monkereth," or " Laird Monkereth," is evidently Maxwell of Mon-
reith, ancestor of the Maxwells, Baronets of Monreith, in Wigtonshire.
There is, however, another Monreith in Dumfries-shire. — (Index Locorum
— Dumfries — Abbrevatio Inquisitionum Retornatamm, folio, vol. i. 102,
266, 346). George Home, " Lord of Ayton," was the descendant of George

1542-3.] OF CHURCH AND STATE IN SCOTLAND. 67
January, after having delivered their pledges at Newcastle
to the Duke of Suffolk, Lieutenant of the north parts of
England ; and how soon they arrived, they declared to the
Governor the proposition made by the King of England,
who had wrote by them to the Estates of Scotland concern
ing the same, and had offered a safe-conduct to such as
should come from Scotland to treat thereupon. The Gover
nor hearkened readily to the proposal, and summoned a
great council to meet the 27th of the same month, to advise
what was properest to be done in that affair. The result
whereof was to indite a Parliament against the 12th of
March ensuing, in order to act in the marriage by public
authority ; and, in the meantime, to send for the safe- conduct
offered by the King of England, for certain ambassadors to
go thither, to conclude both the marriage and the peace.
And in the same council it appears a resolution was taken to
seize Cardinal Beaton and put him in prison,1 upon an uncer
tain information by the Lord Lyle,2 that the Cardinal had
procured the Duke of Guise to come into Scotland with an
army to subdue it, and take the government of the same ;
which resolve was accordingly put in execution, and the
Cardinal was shut up within the Castle of Blackness, on the
south side of the river Forth, ten miles above Leith,3 in
second son of Sir Alexander Home of Home, created Lord Home in 1473,
ancestor of the Earls of Home, the Homes of Ayton, and other branches of
that ancient Family. All the " Lairds" mentioned, with the exception of
the " Lord of Craigie" — see the note, p. 100 — were proprietors near the
Borders. — E.]
1 Sadler's Negociations, p. 74, 161.
* [John fourth Lord Lyle, in the Peerage of Scotland, who married
Grizel, daughter of Sir David Beaton of Criech, niece of Archbishop
James Beaton, and the cousin of the Cardinal. This Peerage became
dormant at his death. — E.]
3 [Blackness Castle, in the parish of Camden, county of Linlithgow, is
six English miles west of South Queensferry, and the latter little royal
burgh is nearly nine miles from Leith. It was well known in Scottish
history as a State prison, and is one of the four national fortresses stipu
lated by the Articles of Union to be kept in repair. The imprisonment
of the Cardinal on the 20th of January 1543, was attended with conse
quences for which Arran and his friends, in their zeal for the English
alliance, were not prepared. The clergy recognized the Cardinal's case
as their own, and concerted a serious retaliation in every district. " The
public services of religion," says Mr Tytler, " were instantly suspended ;
the priests refused to administer the sacrament of baptism and burial ;
the churches were closed ; a universal gloom overspread the countenances
of the people ; and the country presented the melancholy appearance of a
land excommunicated for some awful crime. The days, indeed, were past,

68 THE HISTORY OF THE AFFAIRS [1543.
custody of the Lord Seton, though, as the Governor con
fessed to Mr Sadler, they had no proof afterwards of that
information. But the English Lords, as they were then
called, viz. these who had lately come from England, and
were known to be pensioners of that crown, saw it absolutely
necessary for their designs to have this Prelate put out of
their way, who they were assured would, by his mettle and
interest, be able to baffle all their intentions. Therefore,
having now got rid of him, they lay themselves out all they
can to set forward the match with England. And because
the transactions relating to this affair have formerly been
represented too confusedly, and too superficially, as well by
our own historians as those of our neighbour nation, they
being all led by the narration of Mr Buchanan especially,
I expect the reader will pardon me, if I insist somewhat
longer on this matter than perhaps might otherwise have
been necessary, with a view of rectifying former mistakes, by
the help of our public records, and the letters and negocia-
tions of the English ambassador transmitted to his Court.
The first thing entered upon the next day after the meet
ing of the Parliament, for there was no business done the
first day, was to declare James, Earl of Arran, second per
son of the realm, and nearest to succeed to the Crown
thereof, failing the infant Queen and the issue of her body ;
and to ratify his office of being tutor lawful to the Queen,
and governor of the kingdom, during her nonage.1 The
same day, viz. the 13th of March, the Archbishop of Glas
gow,2 then Lord Chancellor of the kingdom, made a motion
when the full terrors of such a state of spiritual proscription could be felt ;
yet the Catholic party were still strong in Scotland ; they loudly exclaim
ed against their opponents for so daring an act of sacrilege and injustice ;
and the people began in some degree to identify the cause of Beaton with
the independence of the country." History of Scotland, vol. v. p. 318.
The Earls of Bothwell, Huntly, and Moray, offered themselves as hostages
for the Cardinal, demanding that he should be set at liberty, and the Earl
of Argyll retired into his own district, with the avowed purpose of sum
moning his Clan, and holding himself in readiness for any emergency. The
Cardinal was soon released from Blackness Castle, and was carried first to
the castle of Dalkeith, and next to Seton House in Haddingtonshire, by
Lord Seton, but he was soon allowed to return to St Andrews. — E.]
1 Records of Parliament. — [Acta Pari. Scot, folio, vol. ii. p. 411. — E.]
2 [Gavin Dunbar, described by Bishop Keith in his " Catalogue of the
Scottish Bishops" as " of the family of Cumnock." He was the nephew of
Gavin Dunbar, his contemporary as Bishop of Aberdeen, and had been pre
ceptor to James V. His first ecclesiastical appointment was the Priory
of Whithorn, the episcopal seat of the See of Galloway, and in 1524 he

1543.] OF CHURCH AND STATE IN SCOTLAND. 69
concerning a treaty of peace with England, and the marriage
of the young Queen with Prince Edward ; and exhibited In
structions1 to the ambassadors that were to be sent into
England for these purposes, namely, Sir James Lermonth of
Balcomie, Sir William Hamilton of Sanquhar, and Mr
Henry Balnaves of Halhill, Secretary of State.2 As to the
was consecrated Archbishop of Glasgow, vacant by the translation of
Archbishop James Beaton to St Andrews. In 1528 he was nominated
Lord Chancellor, but he lost the office in 1543, and died in 1547. — E.]
1 A copy of these Instructions may be seen in the Preface to Mr Sad
ler's Negociations.
2 [Henry Balnaves, of Halhill in Fife, was an eminent lawyer, who had
raised himself solely by his own abilities, and had been employed by
James V. in various important embassies, notwithstanding the opposition
of the clergy on account of his well known " reforming " predilections.
Balnaves was a native of Fife, and was educated at St Andrews and
Cologne. James V. nominated him an Ordinary Lord of Session in 1538,
and he is often mentioned in the subsequent Parliaments. When the
Earl of Arran was elected to the Regency he was appointed Secretary
of State by that Nobleman, but he was dismissed in 1543, at the instigation
of John Hamilton, Abbot of Paisley, the Regent's illegitimate brother,
and imprisoned in Blackness Castle, with the Earl of Rothes and Lord
Gray till May 1544. He was connected with the conspiracy formed by
Henry VIII. to murder Cardinal Beaton, and, though he was not one of
the perpetrators of that atrocious crime, he entered the Castle of St
Andrews with the insurgents, was sent by them into England, obtained
considerable sums of money from the Court of Edward VI., and a pension
to himself of L.125 from Lady-Day 1546. After the Castle of St Andrews
was surrendered to the Regent in 1547, Balnaves was sent with the other
conspirators to France, and was imprisoned at Rouen, where, according
to Knox, many vain attempts were made to convert him from his hereti
cal errors. In 1556 his forfeiture was rescinded, and in 1559 he took a
leading part for the so called " Congregation" in what Lindsay of Pits-
cottie terms " the uproar about religion." He was secretly sent by the
insurgents to Berwick in August that year, to procure the assistance of
Sir Ralph Sadler, and obtained from him a promise of L.2000 sterling,
which was to be shipped at Holy Island. They resolved to send him
again to England for aid, but Randolph, Queen Elizabeth's resident in
Scotland, objected to him, probably on account of his Calvinistic and
republican principles. He was re-appointed a Judge of the Supreme
Court in 1563, and he is supposed to have died about 1579, but it is certain
that he retired from the Bench before the 20th of October 1575. Bal
naves is erroneously stated in Dr Birkenhout's " Biographia Literaria, or
Lives of English, Scottish, and Irish Authors," 4to. London, 1777, vol. i.
p. 196, to have been a " Protestant Divine." He was, however, fond of
polemical controversy, like many other laymen of his time, and wrote two
treatises, one on Justification, and the other a Confession of Faith, full of the
most extravagant and ridiculous tenets, though the latter is warmly ap
plauded by John Knox in his " Historie of the Reformation." Balnaves
left also a specimen of his poetical efforts in a short ballad entitled " Advice
to a Headstrong Youth," which was published by Allan Ramsay in his
" EvERQRF.EW."— P. 1

70 THE HISTORY OF THE AFFAIRS [1543.
marriage, the ambassadors had instructions not to consent
to the Queen's removal out of Scotland into England, until
she was of full age to complete the marriage ; but that the
King of England might have liberty to keep and entertain
two gentlemen at his own expences, and as many ladies,
with their servants, about the Queen during her under-age.
Item, Not to consent to the surrender of any of the forts of
the realm, for security of delivering the young Queen at her
perfect age. Moreover, this Parliament appointed the Arch
bishop of Glasgow, the Bishops of Aberdeen, Moray, Ork
ney, Ross, and Brechin ; the Abbots of Dunfermline and
Coupar ; the Earls of Angus, Huntly, Moray, Argyll, Both-
well, Marischal, Cassillis, and Glencairn ; the Lords Erskine,
Ruthven, Maxwell, Seton, and Methven ; George Douglas ;
the Provost of Aberdeen ; Sir William Hamilton ; Sir James
Lermonth ; the Treasurer, the Secretary, the Clerk-Register,
the Justice-Clerk, and the Queen's Advocate, to be the Go
vernor's Council, six whereof to be still present at the least 51
and appointed the Earl Marischal and the Earl of Montrose,
the Lords Erskine, Ruthven, Livingstone, Lindsay, and Seton,
and the Laird of Calder, keepers of the Queen's person at
Linlithgow or Stirling, at the Queen Dowager's pleasure,
with advice of the Governor and his Council ; and the Queen
not to be transported from one place to another without
advice of the Queen Dowager, the Governor, and Lords of
Council.2 It is likewise specified in the Act that the said
1 [The leading personages enumerated were Gavin Dunbar, Archbishop of
Glasgow ; William Stewart, Bishop of Aberdeen ; Patrick Hepburn, Bishop
of Moray ; Robert Reid, Bishop of Orkney ; Robert Cairncross, Bishop of
Ross ; John Hepburn, Bishop of Brechin ; Archibald sixth Earl of Angus ;
George fourth Earl of Huntly ; James Earl of Moray, illegitimate son of
James IV. ; Archibald fourth Earl of Argyll ; Patrick third Earl of Both-
well, father of the notorious Earl ; William fourth Earl Marischal ; Gilbert
third Earl of Cassillis ; William fourth Earl of Glencairn ; John fourth
Lord Erskine, properly fifth Earl of Mar of the Family of Erskine ; Wil
liam second Lord Ruthven, ancestor of the Earls of Gowrie ; Robert
fourth Lord Maxwell, ancestor of the Earls of Nithsdale ; George fourth
Lord Seton, ancestor of the Earls of Winton ; Henry first Lord Methven,
who married the Dowager Queen Margaret, widow of James IV. ; George
Douglas, brother of the Earl of Angus ; Thomas Menzies of Pitfoddels,
Provost of Aberdeen ; John Hamilton, Abbot of Paisley, Lord Treasurer ;
David Panter, Secretary of State ; and James Foulis of Colinton, Clerk-
Register. Most of the Nobility in this Council were pensioners of Eng
land. — E.]
3 [Acta Pari. Scot, folio, vol. ii. p. 414, 415. The other keepers of the
" Queen's grace," or " any two of them quarterly," were Alexander fifth

1543.] OF CHURCH AND STATE IN SCOTLAND. 71
Lords shall be keepers of the Queen, or any two of them,
quarterly ; and that one Nobleman be added to these Lords,
by the Lord Governor, at his pleasure. Afterwards, the
forfeitures of the Earl of Angus and Sir George Douglas his
brother were reversed ; and then the Parliament was pro
rogued on the 17th of March,1 after that the Lords of the
Articles had been empowered to make laws for the general
benefit of the kingdom, but with a restriction not to meddle
with affairs of the Church, nor privileges of the same.
The day after, being Sunday, Sir Ralph Sadler, ambas
sador from King Henry, arrived at Edinburgh, with letters
to the Earl of Arran, and a commission to act in concert
with the Noblemen before mentioned, in the affair of the
marriage of the young Queen, and to tender his advice, ac
cording as it should be required, to the Governor and Coun
cil. The Governor received this ambassador very kindly,
and gave him assurance that the King his master had his
heart above all other princes, and that he should have him
at command in all things reasonable, saving still his duty
and allegiance to his Sovereign Lady and tfte realm. This
qualification of his service to the King of England, the
Governor, like a man of honour, did ever afterwards reiterate,
even when King Henry, in order to break his steadiness
in that point, instructed his ambassador to make him smell
the danger of a war on one hand, and on the other did
allure him by the offer of his own daughter, the Lady
Elizabeth, in marriage to his son, the Lord Hamilton ; and
at another time, by the offer of his assistance to make him
King of all Scotland beyond the river Forth, in case the con
trary party should seize the person of the young Queen.
The ambassador began soon to perceive that it was in vain
for him to expect any further success in his negociation here
than simply a treaty of peace and marriage, without the
surrender of the young Queen, the government, or forts of
the realm ; which, when the King of England was advertised
of, he sent private instructions to his ambassador to labour
Lord Livingstone, John fifth Lord Lindsay of Byres, and Sir James Sandi-
lands of Calder, father of the first Lord Torphichen.— E.]
1 So it may be gathered from Mr Sadler's letters, but in the Registers
there appears to be no Parliament-day after the 15th of March.— [The
Parliament was prorogued on the 19th of March by order of the Regent
Arran.— Acta Pari. Scot, folio, vol. ii. p. 425.— E.]

72 THE HISTORY OF THE AFFAIRS [1543.
clandestinely with the Lords, his associates, to convey the
young Queen into England. But though the Earl of Glen
cairn was ready enough to offer his service in that point,
yet her Majesty was so well looked after, that that project
was very quickly let fall ; as was likewise another of con
veying Cardinal Beaton into England, which last the Governor
would by no means consent unto. This determinateness in the
Nobility and gentry of our kingdom, made the King of England
give up several things which he had laid down as a plan of the
marriage betwixt his son and our Queen ; so that he was at
last content to nominate commissioners to meet with the com
missioners from Scotland, in order to draw up two treaties
of peace and marriage, according to the terms which the
Parliament of Scotland could be brought to condescend
unto. The commissioners on the part of England were
Lord Audley, the Chancellor -,1 Duke of Norfolk, Treasurer ;2
the Bishops of Winchester and Westminster;3 the Lord St
John, Chamberlain; and Sir John Gage, Comptroller of the
King's household. Those on the part of Scotland were the
Earl of Glencairn and Sir George Douglas, in conjunction
with the other three ambassadors that were already in
England. The treaties were agreed upon, and signed by
the commissioners on both sides at Greenwich, the 1st day
of July 1543 ;4 after which time, two months were allowed
for ratification of the same by the King of England, and by
the Governor of Scotland, by and with the approbation and
authority of the Parliament of this kingdom.
In the treaty of peace, which was to continue during the
joint lives of the two sovereigns, and one year after the de
mise of the first, though the King of England had laboured
hard to have the ancient leagues betwixt France and Scot
land annulled, and the two kingdoms in Britain to befriends
to friends, and enemies to enemies, as the language at that
time was ; yet the article agreed upon concerning that
affair contained no more, but that neither kingdom should
L [Sir Thomas Audley, Knight, created Lord Audley in 1538, ceased to
be Lord Chancellor of England in 1538, and was succeeded in that high
office by Bishop Goodrick of Ely. Beatson's " Political Index," vol. i.
p. 322.— E.]
2 [Thomas third Duke of Norfolk. See the note, p. 47.— E.]
3 [Stephen Gardiner, Bishop of Westminster, and Thomas Thirleby, first
aud only Bishop of Westminster, translated to Norwich.— E.]
4 See copies of these treaties in the second volume of " Epist. Beg. Scot."

1543.] OF CHURCH AND STATE IN SCOTLAND. 73
give, or suffer to be given by their respective subjects, any
manner of assistance to any foreign aggressor whatsoever,
notwithstanding any leagues already contracted, or here
after to be contracted or confirmed. And in the treaty of
marriage, instead of the former high demands of King Henry,
it is agreed that the Queen of Scots shall not be sent into
England, until she be ten years of age complete, during which
space she shall remain in the tuition of certain of her own
natural Scottish subjects ; but that in the meantime it shall
be lawful for the King of England to send a gentleman with
his lady, or two or more ladies and servants, to attend the
young Queen, and oversee her education and diet, provided
always that this attendance exceed not twenty persons.
Item, That within two months after the date of the treaty,
two Earls and four Lords Barons of Scotland, or their ap
parent heirs, shall be given as hostages to the King of
England, for the performance of the delivery of the Queen
and her marriage ; and that if any of the hostages chance
to die, their room to be supplied within two months after
the said event shall be notified ; and that it shall be lawful for
the Estates of Scotland to change the persons of the hostages
once every six months, for other Noblemen of the same rank
and condition. Item, That the kingdom of Scotland, even
though the Queen have issue by the Prince of England, shall
still retain its own proper name and title of Kingdom of Scot
land, and shall enjoy its own laws, privileges, and liberties.
Though the King of England did by these treaties give
up many of his high and proud demands, yet they were not
at all agreeable to a great many of this kingdom. The
Queen Dowager, a lady of great address, had laboured all
she could to obtain the Cardinal's liberation from prison,1
under a pretext of doing service to King Henry ; and that
artful Prelate, or wily carle, as the Earl of Angus' brother
called him, had so far prevailed with the Governor, that by
his own promises to accede to his interest, the practices and
persuasions of the Earls of Argyll, Huntly, Bothwell, and
Moray, and the arguments of the Abbot of Paisley, the
Regent's natural brother, who ruled all at Court, and who,
being all French in his heart, had entered into strait bonds
of friendship with the Cardinal, the said Governor not only
1 [The imprisonment of the Cardinal is detailed in the note, p. 67. — E.]

74 THE HISTORY OF THE AFFAIRS [1543.
allowed of that Prelate's being transported to his own castle
in St Andrews, but positively ordered it, the Cardinal him
self at first declining, or seeming to decline, the propo
sition.1 King Henry, finding by his ambassador that his demands
in Scotland were highly opposed, not only by the Governor
and the body of the Nobility, but even coldly entertained by
his very pensioners, resolved to achieve by force what he
could not obtain by promise and fair words.
1 In the liberation of the Cardinal, the Governor might have had dif
ferent views, as may be gathered from Mr Sadler's Letters, such as,
1. That the Cardinal, whose interest he knew to be very extensive in the
country, might join the same to his ; or, 2. That he might the more easily
decoy the Cardmal, and make himself master of the castle of St Andrews ;
or, 3. Which touched him most, he thereby might prevent what was deter
mined upon by oath and bond betwixt the Earls of Argyll, Huntly, Both-
well, and Moray, with divers Bishops, viz. the Cardinal's liberation, or
the Governor's destruction ; by being before-hand with them, and making
that Prelate owe his liberty, though under cover, to himself. For nothing is
more plain than that even then the Governor, if ever he was in earnest,
began to repent him of his English bargain, seeing himself so like to be
bubled of King Henry's promises of his daughter in marriage to his son,
or all be-north Forth for a kingdom, by that King so warmly insisting to
have the young Queen and the Cardinal delivered into his hands, which
he knew would render him but a tool in Scotland ever after, if at all con
tinued in any trust ; since even then that King denied him the title of
Governor in the letters which he addressed to him, calling him simply
Earl of Arran occupying the place of Governor, and left him no expecta
tion that his Majesty would confer such honours upon his Family when he
once had the Queen of Scotland in his custody, the head of the clergy in
bonds, and the reins of the Government in his own hands. This, which
was not untold him by Huntly, his own brother, and many of the Nobility,
soon made him cast about for the Cardinal's friendship, yet so as he
might seem to act in sincerity with England. He, therefore, in opposition
to all Sadler's remonstrances, sends the Cardinal to St Andrews in charge
of the Lord Seton, with a guard of about twelve or sixteen men, though he
knew the Cardinal had not only above 300 of his own, but all that town
and indeed most of that country at his devotion. Nay further, the Lord
Seton had the Governor's orders to give the Cardinal his full liberty about
his own house ; yet in Ms communing with Sadler, he would fain have
thrown the whole blame of the Cardinal's liberty upon the Lord Seton,
as if he had been bribed by the Cardinal's money ; but a short time took
off the mask, and how soon he saw the Cardinal and his friends in any
condition to second him, he plainly and openly refused all King Henry's
conditions, but sent for the Cardinal and his adherents to come and join
him, though without their forces, to Edinburgh ; whither they all came
except Huntly and the Cardinal, who being now at liberty, and all his
offers to Sadler of favouring King Henry's interest, and a desired com
muning refused him, sets himself vigorously a-work to oppose all King
Henry's measures.

1543.] OF CHURCH AND STATE IN SCOTLAND. 75
These measures of King Henry were before looked for
both by the Queen Mother and the Cardinal ; and having
little confidence in the Governor, they had timeously pro
vided to get Matthew Earl of Lennox1 sent home from
France, as being a person very fit for their purposes, by
reason of a grudge subsisting betwixt his family and the
Governor's. This young Nobleman was not only put in
hopes of having the Queen Dowager to wife, but was like
wise made believe that he might have a fair title to the suc
cession of the crown, and even to the paternal estate and
present office of the Governor.2
He arrived in Scotland in the month of April, and brought
along with him many fair promises of aid and assistance from
the French King, which he offered to the Council, having
come with the rest of the Lords, upon the Governor's sum
mons to Edinburgh. But the Governor, being driven by
King Henry's pensioners to sign the treaty of marriage
upon the shifting terms he had himself insisted upon before,
the Earl of Lennox withdrew, and appeared in arms against
the Governor about the middle of May ; yet he was able to
act nothing to the purpose ; and the Cardinal, finding that
either he did not answer his expectation, or that he could do
his business well enough, or better without him, began much
to neglect the Earl, so that he was forced to take quite
contrary measures to those for which he first came home,
as afterwards will appear.
One of the first things the Cardinal did after his liberation,
was to hold, by consent of the Governor, a convocation of
1 [Matthew Stewart, fourth Earl of Lennox, afterwards Regent, and
father of Lord Darnley, by Lady Margaret Douglas, daughter of the Earl
of Angus, and Margaret Queen Dowager of James IV. and sister of
Henry VIII.— E.]
2 Matthew Earl of Lennox had to wife a daughter of the Lord Hamil
ton by Mary, daughter to King James II. By her he had his son and
heir John, who was appointed a Lord of the Regency in the minority of
King James V., and was slain at the Bridge of Linlithgow by a party
headed by the Lord Hamilton, then become Earl of Arran. John was
father to Matthew the present Earl of Lennox, whose pretensions to the
crown, &c. stood thus :— James Earl of Arran, son to his father by Prin
cess Mary Stuart, daughter of James II., by virtue of whom the Family
of Hamilton have a claim to the regal succession, after he had been
divorced from Lady Elizabeth Home, had, by his subsequent wife, James
the present Earl of Arran. Therefore the Earl of Lennox alleged he
was but a bastard, and that himself mherited the rights of the Family of
Hamilton, as being descended from a daughter of Princess Mary.

76 THE niSTORY OF THE AFFAIRS [1543.
the clergy at St Andrews in the beginning of May, in order
to determine upon a certain sum of money to be given by
them in the event of a war ; but because some Bishops were
absent, the assembly was prorogate till the beginning of
June. However, it was resolved by those that were then
present to give all their own money, their silver plate, and
the plate belonging to their churches, for the maintenance
of a war ; and that they themselves also would fight, if need
should so require. By means of this money bestowed by the
clergy, and with his natural cunning, the Cardinal, besides
his interest with the vulgar, who, by the clamours of the
clergy, and the inbred animosity betwixt the two nations,
then hated the very name of English alliance, perceived his
party to increase apace among the Nobility and gentry.
The Earls of Huntly, Argyll, Bothwell, and Moray, had
been still noted as averse to the match with England.
These Noblemen, the Cardinal, and some others, gathered
forces together at Stirling, after they had heard of the con
clusion of the treaties ; and in the beginning of August they
came to Linlithgow, and carried off the two Queens to the
castle of Stirling, being invited thereto by the Queen Mother.
They laboured likewise to disappoint the meeting of the
Parliament, which was summoned by the Governor for the
ratification of the treaties ; but not being able to effectuate
that, the Governor did, on the 25th day of the same month
of August, ratify, sign, and solemnly swear to, the two treaties
of peace and marriage with England, at high mass in the
abbey church of Holyroodhouse, and the Great Seal of the
kingdom was appended thereunto.1 The Cardinal and his
party did not come to the Parliament, and it is not impro
bable but they were the more indifferent how things went at
that time, because they were assured the Governor should
never be able to lay in the hostages which are mentioned
in the treaty of marriage, not one of the Nobility showing
any willingness to go into England in that quality. The
same day that the Governor signed the treaties, he went
northwards to St Andrews, in order, as he pretended, to
1 See the confirmation of these treaties by the Governor in the second
volume, Epist. Reg. Scot. — [See Acta Pari. Scot, folio, vol. ii. p. 425, 426.
The Regent concluded a treaty on the 1st of July 1543 with Henry
VIII., by which Queen Mary was to be sent to England when ten years
of age, to be married to his son, afterwards Edward VI. — E.]

1543.] OF CHURCH AND STATE IN SCOTLAND. 77
have received the Cardinal's submission ; but whatever the
matter or the management was, that Prelate did not so much
as stir out of his castle to wait on the Governor, who there
upon caused him be denounced rebel in the town of St An
drews, and then returned to Edinburgh, with an intention,
as he said, to levy forces, and compel the Cardinal into a
submission. All this the English ambassador seems firmly
to have believed as genuine truth. But the wonderful change,
as that gentleman words it, which soon after followed,
would even seem to render suspected that journey of the
Governor ; and that the hand of the wily Cardinal had been
deeply engaged in the whole affair. Whether, therefore,
someopen threatenings to depose the Governorfrom his office,
or a secret suggestion, that by adhering to England he might
endanger his title not only to the regal succession, but to his
own paternal estate, both which were supported only by the
Pope's authority ; or whether it was some other separate
views or influence made use of by the Cardinal that weighed
most with the Governor, is not necessary here to be deter
mined ; but one thing is certain, that within eight days after
he had confirmed the treaties with England, having received
a message from the Cardinal by the hands of Sir John
Campbell of Lundy and the Abbot of Pittenweem, he left
Edinburgh that same day in the evening, being Monday the
3d of September, under a pretext of visiting his lady in the
castle of Blackness, who, as he said, laboured of child ; and
next day he went to Calendar,1 where the Cardinal and Earl
of Moray met him, and after some secret communication
together they all three rode forward to Stirling. And ever
after the Governor remained addicted to the Cardinal, albeit
sometimes he wavered, at least to outward appearance, be
cause, as he said — " Though he would do as much as in him
was to observe the treaties, yet more than he might he
could not do."
The English ambassador, after this revolt, as he calls it,
of the Governor from his masters service, seems to have
given over all hopes of succeeding in his negociation here ;
as indeed he might well have done, considering the general
1 The seat of the Lord Livingston, near to the town of Falkirk. —
[Afterwards the seat of his descendants, the Earls of Linlithgow and
Callendar.— E.]

78 THE HISTORY OF THE AFFAIRS [1543.
disgust our nation had conceived against that of England,
insomuch that even he, the ambassador, was not free from
being insulted in the city of Edinburgh, and was in no small
danger of his life from the rabble. But the thing that gave
the Cardinal and his accomplices the fairest handle to act in
opposition to King Henry, was an action of that prince, if
not altogether unjust in itself, yet apparently most impolitic
at this juncture of time. Indeed I am most sensible, that for
a private man to censure the actions of so great a King may
be looked upon as a piece of no small imprudence and im
pertinence ; and I am likewise aware that the King of Eng
land, perceiving himself to be much superior in force to the
power of Scotland, especially as it was then stated, and per
ceiving, in like manner, that his affairs in our kingdom were
not likely to succeed according to his mind, might readily
enough think, that the best way to bring them to a good
issue was to frighten and terrify us into a compliance, by
touching us in the sensible part of worldly interest and ad
vantage. But seeing kings may err as well as other men, I
am willing to suspend any harsh judgment of mine upon this
head, and to lay the bad success of this project of the King
of England upon the uncertain event of all human counsels
and devices whatsoever. The matter, in short, was this: The
merchants of Scotland, having had their trade a long time
interrupted by the wars, when they knew that the treaties
with England were signed by the commissioners of both
kingdoms, and that the peace was proclaimed in England as
well as in Scotland, were at a great expence to furnish and
set forth a good number of ships to several ports, and among
others to the ports of France. These ships, trusting to the
treaties already agreed upon, though not ratified, went se
curely, but too rashly, into the harbours of England to re
fresh themselves after a storm. But they were soon made
sensible of their error ; for though at first they were court
eously entertained, yet in a short time they were, by orders
from Court, all stopt, and had their goods confiscated, not
withstanding they pleaded the faith of the treaties lately
agreed to, and the proclamation of the peace following there
upon. This was in the month of August, and consequently
before the expiration of the two months stipulated for the
mutual exchange of the treaties ratified by the respective

1543.] OF CHURCH AND STATE IN SCOTLAND. 79
kingdoms. When complaint of this bad treatment was made,
the English ambassador, who appears in his own mind to
disapprove of it, and did write to his Court, advising the re
lease of the ships, made answer in his master's name — That
it was contrary to the treaty of peace to assist France with
victuals ; and next, that such as were within the Scottish
ships had spoken very slanderously of the Governor and
other Noblemen of this realm. The Cardinal now sitting in
Council, together with the Governor, at Edinburgh, the 23d
day of September, made answer — That as to the loading with
victual, he understood that the ships had no such loading,
except it was fish ; and that he could not perceive by the
treaties but that the merchants, subjects of both realms,
might use their" accustomed traffic, with such merchandize as
they have been in use to transport to other countries ; and
as to the unseemly words spoken of the Governor, the cog
nizance and punishment thereof appertained to him, and not
to the King of England. After which the Cardinal having
demanded — Whether the King his master would yet ratify the
treaties, provided hostages should be delivered according to
the tenor thereof, and whether he would restore the ships,
and cause redress to be made for some inroads on the Borders?
— the English ambassador not taking upon him to give any
assurance of this in his Majesty's name, and having desired
the Council here to declare their resolution to perform liter
ally the treaties, before he should write to his master to know
his pleasure herein, as the Cardinal had requested him to
do ; and the Council having made answer — That the matters
were weighty, and they must have time to advise upon the
same, and would declare their resolution upon knowledge of
his master's intention ; it doth not appear that there was
afterwards any further communing upon the head, but that
both parties looked upon the treaties as good as at an end ;
and indeed it is probable enough that the Cardinal, who then
acted as Prime Minister, and who by the superiority of his
genius did much outshine the Governor, had no mind to ad
here to the treaties, even though satisfaction should be made
by King Henry for any infraction of them, and though he
should agree to ratify them in the terms proposed.
It is now fit to take a view of what other matters passed
about this time. The first step of moment that was done,

80 THE HISTORY OF THE AFFAIRS [1543.
after the union betwixt the Governor and the Cardinal, was
the crowning of the young Queen at Stirling on Sunday,
the 9th of September,1 at which solemnity it is said the
Governor carried the royal crown, and the Earl of Lennox
the sceptre. Next they proceeded to make choice of a Coun
cil, by whom the Governor shall be directed in all the great
affairs of the realm. Of this Council the Queen Dowager
was the principal person. The rest were the Cardinal, the
Archbishop of Glasgow, the Bishops of Moray, Orkney,
Galloway, and Dunblane ; the Abbots of Paisley and Coupar ;
the Earls of Angus, Huntly, Argyll, Moray, Glencairn, Len
nox, Bothwell, and Marischal, whose counsel the Governor
was sworn to use, and to be directed by them ; but I do not
find that the Earls of Angus, Cassillis, and Glencairn, did
meet with them at Edinburgh the 18th and subsequent days
of September, as they were advertised to do, by a message
sent them by the Lord Fleming and the Abbot of Paisley.
The Earls of Angus, Glencairn, and other Lords of that
side, had likewise had letters written to them by the Cardi
nal, the Chancellor, Bishop of Moray, Earls of Huntly and
Argyll, inviting them to witness the coronation of the young
Queen, which they also refused to comply with. On the con
trary, these English Lords,2 except the Lord Fleming, who
had separated himself from them some time before the rati
fication of the treaties, when they found how things went,
and that the Governor had abandoned them, convened at
Douglas Castle upon the 25th of October, where they drew up
and signed a writing to the King of England, to be carried to
him by the Lord Somerville,3 importing, as may be gathered
1 [The 16th of September old style, or the 26th of that month new
style, is the date assigned for the coronation of Queen Mary at Stirling,
yet historians generally fix it on the 9th. It is stated — " By a singular co
incidence the fathers of Darnley and Bothwell, who were both present,
had each aspired to the possession of the Queen Mother's hand, and each
indulged those ambitious hopes which their sons were destined to realize.
The aspect of these intriguing rivals was inauspicious to the infant sove
reign, and the pageant of her coronation might be regarded ' as tlw first
scene of the tragedy of Mary Stuart.' " — Memoirs of the Life of Mary Queen
of Scots, by Miss Benger, 2 vols. 8vo. London, 1823, vol. i. p. 38, 39. This,
however, is partly incorrect. Sir James Balfour expressly states — " But
the Earl of Lennox departed the town, and would not be present, neither
yet any that had breathed the French air." Annals, vol. i. p. 279. — E.]
2 [Scottish Peers in the pay of Henry VIII.— E.]
3 [Hugh fifth Lord Somerville supported the match between Queen

1543.] OF CHURCH AND STATE IN SCOTLAND. 81
by a message of theirs to the English ambassador — That they
had entered into a bond to abide firmly together, in order to
serve his Majesty, and praying his Majesty to send them
assistance, especially of money, without which they should
not be able to bear the malice of their enemies. But the
Lord Somerville was apprehended in or about Edinburgh
with his letters, as was the Lord Maxwell, and both shut up
in the Castle of that city ; only the former was soon after
removed to that of Blackness ; and great endeavour was used
by the Governor and Cardinal to get the rest of them into
their hands. But the Lord Maxwell, having made a shift to
escape, he, together with the Earls of Angus, Cassillis, and
Glencairn, Sir Hugh Campbell of Loudon,1 Sheriff of Ayr,
and James Douglas of Drumlanrig,2 which two gentlemen
had joined the English Lords sometime before, did again
assemble at Douglas about the 10th of December, where
they concerted measures how to proceed against their ene
mies, and to do them all the mischief they could devise. By
this time the Earl of Lennox was much weaned from the
French Interest, and had for some time past made suit to
the Earl of Angus for the marriage of his daughter, the
Lady Margaret Douglas, niece by the mother to King Henry.
Nor had his proposal been utterly rejected ; only it seems
that King and the Earl of Angus had found Lennox a little
unstable, and not hearty enough to join their interest. And
the truth is, he liked not to break from France altogether,
so long as he had any expectation from thence ; and also, ex
cept he had a certainty of being kindly received by England.
But now a fair occasion offered to do him great service that
Mary and Prince Edward, and was zealous for the interest of Henry VIII.
from whom he had a pension of 200 merks. He died in 1549.— E.]
1 [Sir Hugh CampbeU of Loudon, father of Sir Matthew Campbell by
his first wife, Lady Elizabeth Stewart, second daughter of Matthew second
Earl of Lennox. This Sir Matthew was the father of Sir Hugh Campbell,
created Lord Campbell of Loudon in 1601. Lord Campbell's only son by
his first wife Margaret, daughter of Sir John Gordon of Lochinvar, was
the father of Margaret, Baroness Loudon in her own right, who in 1620
married Sir John Campbell of Lawers. He was created Earl of Loudon
in 1633, and figures in the eventful history of his time as the notorious
Covenanting Earl. — E.]
2 [James Douglas of Drumlanrig, a powerful Border Baron, was eldest
son of Sir William Douglas of Drumlanrig, and was engaged with Sir
Walter Scott of Branxholm in the attempt to rescue James V. from the
thraldom of the Earl of Angus in 1526. He was knighted by the Regent
Arran, and was ancestor of the Earls and Dukes of Queensberry.— E.]

82 THE HISTORY OF THE AFFAIRS [1543.
way, after he had perceived himself to be neglected by
the Queen Dowager and Cardinal, and that very sinistrous
representations had by them been made of him to the Court
of France ; for in the beginning of October, six or seven good
ships arrived from that kingdom in the Frith of Clyde, which
had on board a Legate from Rome, and two ambassadors,
with arms, ammunition, and 30,000 crowns1 in silver from
France, to be distributed to proper persons in Scotland, by
the advice of the Queen Dowager and Cardinal. The Earl
got the captains of the French ships persuaded to land the
money, and some of the arms and ammunition, in his castle
of Dunbarton ; whereupon the Queen Dowager and Cardmal
begin again ardently to cajole the Earl, and to endeavour a
reconciliation betwixt him and the Governor. But notwith
standing all the Cardinal's address, the Earl would by no
means part with the money, but took that opportunity to in
gratiate himself with the English Lords, and it is not im
probable but the former neglect that Prelate had used to
wards the Earl, after he had gained the Governor, made
his Lordship the less obsequious now to his Eminence's
directions. As John Hamilton, Abbot of Paisley, had a great ascend
ant over the mind of his brother the Governor, and had been
very serviceable to the Cardinal in the first bringing over
the Governor, and still retaining him fixed to the Cardinal's
measures, the Cardinal did first resign to him the office of
Privy Seal ; and shortly after, that the rising fortune of the
Abbot might be more noticeable in the Parliament which
was to sit down in the beginning of the month of December,
he was advanced to be Treasurer of the kingdom, in the room
of Sir William Kirkaldy2 of Grange in Fife, who was known
1 [Sir James Balfour states the sum at 60,000 crowns " sent this year,"
he says, " by the French King to the Regent, with a ship laden with all sorts
of ammunition, to aid him against England." This sum, Sir James narrates,
was " intercepted by the Earl of Lennox, who does his best to displant
the Governor ; but at Edinburgh, by the mediation of Cardinal Beaton
and the Earl of Huntly, they are reconciled. But Lennox, being of a
very facile nature, does anew violate his faith given, and from Edinburgh
by night covertly retires himself to Glasgow, and fortifies the place, against
whom the Regent, with his army, takes the field, and utterly defeats Len
nox, and has Glasgow Castle rendered to him." Annals, vol. i. p. 280.
The Castle of Glasgow was the residence of the Archbishops of that
See.— E.]
2 [According to Beatson's "Political Index," vol. iii. p. 84, Sir William

1543.] OF CHURCH AND STATE IN SCOTLAND. 83
to be a great favourer of the new Doctrines, and an avowed
enemy to the Cardinal and the other established clergy. On
the 8th of December, being the fourth day of the Parlia
ment,1 direction was given to Mr Henry Lauder, the Queen's
Advocate, to raise a summons of treason against those that
signed the writing at Douglas Castle to be sent by the Lord
Somerville to the King of England; and next day there
was an indemnity made out to the Lords and gentlemen
that had convened at Stirling for carrying the young Queen
thither. On the 11th of December2 the Parliament declared
the Treaties of Peace and Marriage with England to be ex
pired,3 and not to be kept on the part of Scotland ; and
Kirkaldy of Grange was never Lord Treasurer of Scotland. Bishop Keith
has mistaken him for his father, Sir James Kirkaldy, who is the person
mentioned in the text as Lord Treasurer. — E.]
1 [This Parliament met at Edinburgh on the 3d of December 1543. Cardi
nal Beaton was present, as were also Archbishop Dunbar of Glasgow, the
Bishops of Moray, Galloway, and Orkney, and the Abbots of Paisley, Cam-
buskenneth, Dunfermline, Newbattle, Lindores, Glenluce, Kilwinning,
Dryburgh, Coupar- Angus, and Pluscardine. Cardinal Beaton is entered on
the roll as Cardmalis Sanctandrois. He had previously induced his cousin
the Regent to abjure the " reformed" doctrines or tenets in the church
of the Black Friars at Stirling, and to withdraw from the matrimonial
alliance with England in the persons of Queen Mary and Prince Edward.
The act in reference to Lord Somerville is short : — " Quarta dies Par
liamentary, viz. octavo Decembris ; sederunt Domini Electi ad Articulos
[of whom the Cardinal was one], Domino Gubernatore presente — The
quhilk day it is thought by my Lord Governor and Lords of Articles that
ane summons of treason may be raised upon the Lords, and other persons
that subscribed the writing forth of Douglas with the Lord Sommerville
to the King of England, for causes contained in the same ; and for such
like causes as shall be given in information to the [Queen's] Advocate :
Therefore ordains him [the Advocate] to libel summons of treason there
upon in form as effeirs." Acta Pari. Scot, folio, vol. ii. p. 427,428, 429.— E.]
2 [Acta Pari. Scot, folio, vol. ii. p. 431.— E.]
a The author of the " Brief Account," &c. printed at the end of Sir Ralph
Sadler's Letters, tells the world "that the clergy were very frequent in
this Parliament ;" whereas, upon perusal of the Parliament Rolls, I find
there only fifteen clergymen present at this time, and eighteen in the last
Parliament, March 1542-3. He likewise says— " That whoever is pleased
to examine the Rolls of Parliament, will find there was a far more nume
rous and powerful party of the Nobility in the Parliament wherein the
Treaty (viz. of marriage and commerce with England) was made, than in
that wherein it was broken." I own, indeed, that in the Parliament,
March 1542-3, which gave orders and instructions to our ambassadors to
repair into England, there were present at the first meeting sixty-eight
members, viz.— eight Bishops, ten Abbots, eleven Earls, nineteen Lords,
four Masters, ten Burghers, six Officers of State ; and only forty-nine

84 THE HISTORY OF THE AFFAIRS [1543.
that the reader may see upon what grounds these Treaties
were annulled, I have inserted in the Appendix the Act
itself, as it stands in the Public Records.1 The same day
were introduced into the Parliament Jaques de la Brosse
and James Mesnage, ambassadors of the King of France,
who opened the reasons of their embassy for renewing the
old leagues betwixt the two kingdoms, and offering their
master's assistance for defence of the young Queen, and the
liberty of the realm, against the King of England's invading
it ; which proposal was accepted by the Governor and the
Estates, who appointed the Cardinal, the Earls of Argyll
and Moray, the Lord St John,2 and Sir Adam Otterburn,
members, viz. — five Bishops, ten Abbots, nine Earls, nine Lords, one
Master, ten Burghers, five Officers of State, in the Parliament, December
1543, in which the treaties were annulled. But as the treaties with Eng
land could not be ratified by Parliament until the month of August 1543,
at which time the Governor called a Parliament to sit for that effect only,
the treaties themselves not having been concluded by their respective
commissioners until the 1st day of July ; and since there are no Rolls, nor
any records extant, concerning that short Parliament in August; and seeing
we are certain, by Mr Sadler's Letters, that not only many of the Nobility
were not present at that meeting, but did remain with the Queen Dowager
and the Cardinal, in plain opposition to it : for these reasons, this author
seems not to have foundation enough for undeceiving the world of what
he says the Cardinal would have made it believe, viz. — " That the Parlia
ment who entered into the treaties with England were only a small party
and faction." It is well enough known that anciently in Scotland the
Parliament, after some few days sitting, was commonly dissolved, or only
sometimes adjourned ; and that the first day of the Parliament the Lords
of the Articles, i. e. a certain number out of each State, were elected, which
Lords of the Articles were deemed a sufficient authority to enact any law.
But if an unforeseen emergent did at any time intervene, our Kings could,
by their sovereignty, call together any small number of the States upon
even a short warning, and propose to them the enacting of this or the
other expedient into a law. I say not that the Parliament in August 1543
was of this sort in the last degree, but it is much to be suspected that there
were but few members present ; perhaps no more than those whom we
find marked as witnesses to the said treaties, in all ten. Nobody can
imagine that the Parliament holden by the Governor in the convent near
Haddington, anno 1548, had a formal summons to convene, since it was
not possible to divine the time and place of its sitting ; and the same is to
be said of the Parliament at Monktownhall, immediately before the battle
of Pinkie.
1 Appendix, Number VI.
2 [Sir James Sandilands, a very eminent though a very questionable
personage. He was recommended by Sir Walter Lindsay to the Grand
Master of the Knights of St John at Malta, where he resided some years,
and was appointed Preceptor of that Order in Scotland at the death of the

1543.] OF CHURCH AND STATE IN SCOTLAND.

85

or any four, three, or two of them, to meet and conclude
with these ambassadors of France, for ratifying the former
alliances, and entering into new ones.1 Next day the Lords
Fleming, Ruthven, St John, and Sir John Campbell of
Calder,2 were chosen counsellors to the Governor, in the place
of the Earls of Angus, Lennox, Glencairn, and Marischal,
who are said not to have come or not to be willing to accept.
And the day after, viz. the 13th of December, the Cardinal
accepts of the office of Lord High Chancellor3 at the desire
of the Governor and the Estates. This was all the State
business that passed in the Parliament at this time.
About Christmas, the Earl of Lennox, and the Lords and
gentlemen that favoured King Henry, assembled in the town
of Ayr, in order to consult what was proper to be done, since
they heard that the Governor, by the advice of the Cardinal,
had formed a design to levy an army, and with it to march
westward and surprize the Earl of Lennox, and by that
means oblige him to surrender the French money. There it
was resolved to gather together what force they were able,
and with it to oppose the Governor's designs ; and their
levies of men succeeded so well, partly by the displeasure
said Sir Walter, in 1538. He conformed to the Reformation, and was
treated with contempt and scorn in France in 1560, when he went as the
accredited agent of the so called Congregation Parliament to lay their
proceedings before Francis and Mary. He resigned the Scottish property
of the Knights of St John into the hands of Queen Mary, who in 1564
created him Lord Torphichen, bestowing the property of the order upon
himself. At the period mentioned by Bishop Keith he was called Lord St
John, as Preceptor of the Knights of St John, and as such he sat in Par
liament among the higher Barons, Abbots, and Priors. " Inquiry into the
Law and Practice in Scottish Peerages," by John Riddell, Esq. Advocate,
vol. i. p. 83,261.— E.]
1 See Appendix, Number VII.
2 [Sir John Campbell, of Calder or Cawdor Castle, in the county of
Nairn, was the third son of Archibald second Earl of Argyll. He married
Morella, daughter and heiress of Sir John Cawdor of Cawdor, and was
ancestor of the Barons and Earls of Cawdor in the Peerage of Great
Britain, so created in 1796 and 1827, and other branches of the Family
of Argyll.— E.]
3 [Sir James Balfour, under date 1542, states — " This year Cardinal
Beaton, Keeper of the Privy Seal, is made Lord Chancellor, and the Great
Seal is delivered to him ; and John [Hamilton] Abbot of Paisley, made
Keeper of the Privy Seal." Annals, vol. i. p. 276. This was confirmed
by ParUament on the 13th of December, as stated by Bishop Keith. Acta
Pari. Scot. vol. ii. p. 442.— E.]

86 THE HISTORY OF THE AFFAIRS [1543.
which several persons in those western counties, where the
estates of the most part of these Noblemen lay, had con
ceived against the Governor for his late shifting of sides,
but mostly by the power of the money which they had in
their custody, that finding their army in a condition to act
offensively against their enemies, they advanced to the town
of Leith, in order to be beforehand with the Governor, and
offer him battle in the fields between that town and Edin
burgh. But the crafty Cardinal, who well perceived that
the Governor was in no condition to hazard a battle, to
gether with the Earl of Huntly did so manage affairs, that
a capitulation was agreed upon ; and Lennox came in to
Edinburgh to the Governor, where matters were transacted
by these two Lords for some days together, as if they had
quiteforgot their old grudges and animosities; and Sir George
Douglas and the Lord Kilmaurs, son to the Earl of Glencairn,
were delivered up as hostages1 for conservation of the late
agreement on the part of the Earls of Angus and Glencairn.
Nevertheless this settlement was of no long continuance, for
within a week, the Governor being at Linlithgow, the Earl
of Lennox, upon information, as is reported, that some
sudden mischief was preparing against him, slipt privately
away from thence to Glasgow. But as to the subsequent
scuffles betwixt the Governor and Lennox, which fell out
all to the disadvantage of this Nobleman and the English
Lords, because I have no sure records whereby to unravel the
perplexed accounts that are given of them by our historians
in the true order of time, I choose rather to leave them un
touched, and only assure the readers of our Scottish affairs
that, in great probability at least, all this bustle, from the
first to the last, was transacted pretty early in the spring of
the year 1543-4, as may appear from the dates of the follow
ing public2 transactions relating to the Earl of Lennox,
1 Lesley says these hostages were delivered at this time ; but Buchanan
says that they were delivered upon a secret agreement made betwixt the
Hamiltons and Douglasses, unknown to Lennox, and seems to insinuate
that it was upon private information thereof, that that Earl made his
elopement from Linlithgow.
2 Lesley, who, in my opinion, gives the most distinct account of
these matters, tells us expressly that the sending of Mr Bishop into
England was posterior to the last conflict betwixt the Lord Governor and
Lennox.

1543.] OF CHURCH AND STATE IN SCOTLAND. 87
and which I shall here insert, that I may not be obliged to
resume the consideration of this Nobleman's affairs, when
things of weightier moment require not to be interrupted.
On the 8th day of April, the Earls of Lennox and Glen
cairn dispatched Hugh Cunningham and Thomas Bishop
from Dunbarton, with ample commission in their names to
meet and treat with the Lord Wharton and Sir Robert
Bowes, commissioners of the King of England, at Carlisle,
or elsewhere the said royal commissioners shall happen to be.
On the 17th of May, the Earl of Glencairn is at Carlisle,
and there, together with Robert Stewart, brother to the
Earl of Lennox, and Bishop-elect of Caithness, Hugh Cun
ningham, and Thomas Bishop, he signs a contract betwixt
King Henry, the Earl of Lennox, and himself, in which the
two Earls promise all manner of assistance to King Henry
against their native country ; and King Henry, on his part,
promises to give in marriage to the Earl of Lennox the Lady
Margaret Douglas his niece, and that the said Earl shall be
Governor of the kingdom of Scotland under King Henry, in
the event of his being successful. The Bishop-elect of Caith
ness is to remain a hostage in England for his brother's per
formance of his part of this treaty ; and King Henry gives
in gratuity to the Earl of Glencairn 1000 crowns, and pro
mises to continue in pension the Earl of Lennox. On the
26th of June the Earl of Lennox is personally present at a
treaty in England, whither he had sailed in the ships of
that nation, when they returned home from the descent
upon Scotland, which will come shortly to be mentioned ; in
which treaty that Lord obliges himself to deliver up to the
King of England the castle and territory of Dunbarton, to
gether with the Isle of Bute, and other lands of his Lordship
lying within the kingdom of Scotland; and King Henry
gives for wife to the said Earl the Lady Margaret Douglas,
with lands in England amounting to the value of 6800 merks
Scots money, equal to 1700 merks English.1 Item, the
1 This authentic document serves notably well to ascertain the propor
tion betwixt the Scottish and English computation of money at that time,
viz. that the English merk contained but four of the Scottish. I had
formerly perceived by reading, that there was not in elder times such a
great disproportion betwixt the denominations of money of the two nations
as at present, but I do not remember of so clear an instance as this
before us. Query, Whether the English computation has risen, or the

88 THE HISTORY OF THE AFFAIRS [1543.
King of England gives in pension 100 merks sterling to
George Stirling, deputy-governor of the castle of Dunbar
ton under the Earl of Lennox. On the 6th of July the Earl
of Lennox is naturalized a subject of England. This, it is
probable, has been done upon the consummation of his mar
riage. On the 13th of July King Henry gives a pension
during life, and payable at two terms in the year ; to the Earl
of Glencairn, L.250 sterling, and to his son, Alexander Lord
Kilmaurs,1 L.125 sterling, also during life, and payable twice
a-year.Scottish fallen, in later times ? Or if either of the two have stood fixed \ —
[Bishop Keith's query is now of little importance as it respects the com
parative value of English and Scottish money. It is generally under
stood that in the sixteenth century twenty shillings Scots was, considering
the circumstances, habits, and condition of the people of Scotland, about
equivalent to the same sum sterling at the present day. — E.]
1 [This pensioned minion of Henry VIII. succeeded his father in 1547
as fifth Earl of Glencairn. He was known by the soubriquet of the Good
Earl, which he probably acquired from the followers of his friend John
Knox for dilapidating the abbey church of Holyrood at Edinburgh in
1567, demolishing the altar, tearing down the pictorial representations,
and defacing the ornaments. A specimen of his literary powers is pre
served in a satirical effusion, entitled the Hermit of Allareit, indicating
Loretto near Musselburgh, the practices of the said " Hermit," a worthy
named Doughtie, having very properly excited the indignation of his
" pious" Lordship. He died in 1574. — E.]

1542.] OF CHITRCH AND STATE IN SCOTLAND. 89

CHAPTER IV.
CONTAINING AN ACCOUNT OF CHURCH AFFAIRS FROM THE DEATH
OF KING JAMES V. ANNO 1542, TILL THE MURDER OF CARDI
NAL BEATON ANNO 1546.
The new doctrines concerning religion had so far prevailed
in Scotland, notwithstanding the severities used against the
professors thereof in the late King's reign by the influence
of the settled clergy, that in the very first Parliament holden
after his death by James Earl of Arran, tutor of the Queen,
and Governor of her kingdom, there was a proposal offered
by the Lord Maxwell, on the 15th day of March 1542-3,
being the fourth of the Parliament, for a liberty of reading
the Bible in the vulgar tongue, which proposal was received
and approved by the Governor and the Lords of the Articles ;
and because this was the first public step towards a re
formation of religion, perhaps the reader will not be dis
pleased to see the Act inserted in this History, which is
as folio weth : —
" Anent the writing given in by Robert Lord Maxwell, in
presence of my Lord Governor and Lords of Articles, to be
advised by them, if the same be reasonable or not, of the
which the tenor follows : — It is statute and ordained, that it
shall be lawful to all our Sovereign Lady's lieges to have the
Holy Writ, to wit, the New Testament and Old, in the vulgar
tongue, in English or Scotch, of a good and true translation :
and that they shall incur no crimes for the having and
reading of the same, providing always that no man dispute
or hold opinions, under the pains contained in the Acts of
Parliament. The Lords of Articles, being advised with the
said writing, find the same reasonable, and therefore think
that the same may be used amongst all the lieges of this
realm, in our vulgar tongue, of a good, true, and just trans
lation, because there was no law shewn nor produced in the
contrary; and that none of our Sovereign Lady's lieges
incur any crimes for having or reading of the same in form

90 THE HISTORY OF THE AFFAIRS [1542.
as said is, nor shall be accused therefor in time coming ;
and that no persons dispute, argue, or hold opinions of the
same, under the said pains contained in the foresaid Acts of
Parliament.1 It seems this draught of an Act, for having and reading
the Holy Scriptures in the vulgar language, had not been
so privately concerted but that the clergy had got notice
of the design; and, therefore, immediately after reading
of it, the Archbishop of Glasgow, then Chancellor of the
kingdom, offered to the Parliament these- following reasons
why the Act should not be passed into a law at that time,
viz. —
" The which day, a most reverend Father in God, Gavin
Archbishop of Glasgow, Chancellor, for himself, and in name
and behalf of all the Prelates of this realm, being present in
Parliament, shows that there was an Act instantly read in
face of Parliament, that the Holy Writ may be used in our
vulgar tongue, and that no crime should follow thereupon
through the using thereof ; and alleged in the said Act that
the three Estates concluded the same ; which he, for him
self, and the remanent of the Prelates, being present, as one
of the three Estates of the said Parliament, dissented thereto
simpliciter, but opposed themselves thereto, unto the time
that a Provincial Council might be had of all the clergy of
this realm, to advise and conclude thereupon, if the same be
necessary to be had in vulgar tongue, to be used among the
Queen's lieges, or not ; and thereafter to show the utter de
termination that shall be done in that behalf; and thereupon
asked instruments."2
But notwithstanding this protestation, the Lord Max
well's bill was certainly enacted, seeing that, within two days
after the Parliament had risen, the Governor, who found
himself best supported by the adversaries of the established
religion, thought fit to cause issue out a proclamation for
notification to all the lieges of the Act concerning the Holy
Scriptures. Here follows the order for the proclamation : —
1 [Acta Pari. Scot, folio, vol. ii. p. 415.— E.] 2 {Ibid — E.]

1542.] OF CHURCH AND STATE IN SCOTLAND. 91
" Gubernator. — Clerk of Register, It is our will, and we
charge you, that you gar proclaim this day, at the Market
Cross of Edinburgh, the Acts made in our Sovereign Lady's
Parliament, that should be proclaimed and given furth to
her lieges ; and, in special, the Act made for having the New
Testament in vulgar tongue, with certain additions, and
thereafter give furth the copies thereof authentic, as effeirs,
to all them that will desire the same; and insert this our com
mand and charge in the Books of Parliament for your war
rant. Subscribed with our hand at Edinburgh, the 19th day
of March, the year of God 1542.— James G."1
The clergy had already been highly offended with the
Governor, and had taken particular exception at his enter
taining in his own family two preachers of the Dominican
Order, viz. Thomas Williams2 and John Rough,3 who both
proceeded to censure the Pope's authority, the adoration of
images, &c. in their sermons. Nor is it to be supposed that
the discontents and clamours of the clergy were any whit
allayed, but rather, on the contrary, much heightened by the
1 [Acta Pari. Scot, folio, vol. ii. p. 425.— E.]
2 He was born at Athelston-Ford in East Lothian, and was Provincial
of the Black-Friars in Scotland. Sir James Balfour says he translated
the New Testament into the vulgar tongue, and publicly preached against
the Pope's authority, and that he was winked at by the Regent, and sup
ported by the Noblemen that had returned lately from England. — [Annals,
vol. i. p. 277.— E.]
3 He entered among the Black-Friars in the town of Stirling at the
age of seventeen years, where he remained the space of sixteen years, at
which time the Lord Governor, having a favour for him, asked of the
Cardinal to grant him liberty to come out of his monastery and become
his Lordship's chaplain, in which station he continued about a year, until
the Governor thought fit to dismiss such persons from his attendance as
favoured the new opinions. What became of Mr Rough afterwards during
his abode in this kingdom, will afterwards appear in this History. He
preached in the towns of Carlisle, Berwick, and Newcastle, in the reign
of Edward VI., King of England. But in the succeeding reign of Queen
Mary he fled into the Low Countries, and, together with his wife, gained
his livelihood by knitting of stockings, capes, &c. at Nordin in East Frise-
land ; until the end of October 1557, that he came over into England for
providing of necessaries for his occupation. There he was elected preacher
to a private congregation, but was taken at Islington, a suburb of London,
Sunday the 12th day of December thereafter, and burnt to death on the
22d of the said month. — [An account of John Rough, whose companion in
suffering at the stake was a female, is given in Fox's " Acts and Monu
ments." — E.]

92 THE HISTORY OF THE AFFAIRS [1542.
late Act of Parliament, and Proclamation following thereupon.
However, the Governor was not so startled therewith, but
that he continued his care to implement the design of the
Act, for which purpose he desired Mr Sadler to write into
England for some Bibles in English, and for the statutes
and injunctions made lately there by King Henry for the
reformation of the clergy, and extirpation of the Bishop of
Rome's authority. And about a week thereafter, viz. on
the 9th of April, he told the said Mr Sadler, that he had
given direction for admonishing the people to read the
Scriptures sincerely and quietly to themselves for their own
knowledge, without taking upon them any sinister or rash
interpretation of the same, as by Act of Parliament made
in that behalf is fully set forth, with the banishment of all
other English books except the mere Scriptures, being of
the best and truest translation ; and he added — That when
the King of England shall have perfected such books as he
intended to set forth by public authority, containing such a
certain doctrine as is maintainable by the mere truth, if his
Majesty shall be pleased to send him the same, he would
not fail to publish them here in Scotland. But when he
came to talk of the extirpation of religious persons and their
houses, which the King of England had recommended to
him, he said — That though he desired no less the reforma
tion of the abuses of the Church, and the extirpation of the
estate of monks and friars, with the abolition of the Bishop
of Rome's usurped authority, than that King did, yet he
owned that that would be a hard matter to bring to pass :
" For," said he, " there be so many great men in the king
dom that are Papists, that unless the sin of covetousness
bring them into it — that is, the desire of having the lands of
the abbeys in their own possession — he knew no other mean
to win them to his purpose in that behalf." And the truth is,
the Governor seems here to have hit the nail upon the head,
as we commonly speak ; for, how palpable soever some errors
were that had overspread the Christian doctrine, and how
ever well disposed the great men might have been to apply
proper remedies thereunto, yet it is much to be questioned
whether they had ever gone so readily, as they did after
wards, into a total suppression of the monasteries and nun
neries, which by prudent methods might certainly have been

1543.] OF CHURCH AND STATE IN SCOTLAND. 93
regulated to good purposes, as had been formerly set forth
by Herman Archbishop of Cologne,1 had not their avaricious
1 This Prince and Prelate of the Counts of Meurs was excommunicated
by Pope Paul III. for heresy, and in consequence thereof driven from
his Electorate by the Emperor Charles V. He seems to have been a
person of great prudence and moderation ; and it is perhaps much to be
wished that the Reformers, in the several nations where their doctrines
obtained credit, had gone more upon his plan, than followed an extrava
gant humour of departing, at all adventures, from the received practices of
the ancient Church. I cannot here give the readers a complete account
thereof ; only they may know, that he published a book containing his
sense and regulations concerning religious worship, which was translated
into English, and printed at London by John Daye, anno 1547, in duode
cimo, and consisting of about two hundred and seventy pages. It is intituled
— " A Simple and Religious Consultation of us, Herman, by the grace of God
Archbishop of Colone, and Prince Elector, &c. by what means a Christian
Reformation, and founded in God's Word, of Doctrine, Administration of
the Divine Sacraments, of Ceremonies, and the hole Cure of Souls, and
other Ecclesiastical Ministeries, may be begun among men committed to
our Pastoral Charge, until the Lord graunt a better to be appointed,
either by a free and Christian Counsyale, General or National, or elles by
the States of the Empire of the Nation of Germanie, gathered together
in the Holye Gost."
The principal articles treated in the book are these : — 1. Of Doctrine ;
2. That some Lesson must be recited out of the Holy Scriptures before a
sermon, and declared unto the People ; 3. That all sermons must be
made to the magnifying of the Lord Christ ; 4. Of the Trinity ; 5. Of the
Creation and Governance of all Things ; 6. Of the Cause of Sin and Death ;
7. Of Original Sin, and Man's Weakness before Regeneration ; 8. Of the
Old Testament ; 9. Of the Difference of the Old and New Testaments ;
10. Of Preaching peculiar to the New Testament ; 11. Of the Preaching of
Repentance ; 12. Of the True and Proper Use of God's Law ; 13. A Short
Exposition of the Ten Commandments ; 14. Of Remission of Sins, and
Justification ; 15. Of Good Works ; 16. Of the True and Natural Signifi
cation of this word Faith ; 17. Of the Cross and Tribulations ; 18. Of the
Church of God ; 19. Of the Unity or Concord of the Church ; 20. Of
Christian Prayer ; 21. A Short Exposition of the Lord's Prayer ; 22. Of
the Abuse in Prayer ; 23. Of the True and False Use of Images ; 24. Of
Christian Fasts ; 25. Of Holy Offerings ; 26. A Premonition and Com
mandment against the Errors of the Anabaptists ; 27. Of the Administra
tion of Religion ; 28. Of Sacraments generally ; 29. Of Baptism ; 30. The
Form of a Catechism before Baptism ; 31. The Exorcism ; 32. Of the Ad
ministration of Baptism ; 33. How Baptism must be administered at
times not prescribed ; 34. Of Confirmation ; 35. Of the Lord's Supper ;
36. At what time the Lord's Supper ought to be celebrated ; 37. Of the
Communion of Strangers and Sick Folk ; 38. How Sick Persons must be
visited, and how we must celebrate the Communion with them ; 39. Of
Communion in Private Houses for Men in Health ; 40. Of turning from
Sins, and True Repentance ; 41 . Of Excommunication ; 42. Of the Making
of Pastors ; 43. Of the Blessing of Marriages ; 44. Of Burying ; 45.
Of Holy and Feastfol Days ; 46. Of Fasting Days and Lent ; 47. Of the

94 THE HISTORY OF THE AFFAIRS [1543.
minds absorbed beforehand the whole revenues thereof,
whether it was right or wrong, sacrilege or not sacrilege.
The King of England, whether being requested so to do
or not I cannot tell, sent down to Scotland, in the beginning
of July, one Sir Robert Richardson, a Priest,1 who was
Difference ofMeats; 48. Of certain other Rites or Ceremonies of the Church;
49. Of Ecclesiastical Rites upon working Days ; 50. Of Peculiar Days of
Procession ; 51. Of Litany ; 52. Of Common Alms ; 53. Of Schools for
Children ; 54. Of Schools of Divinity ; 55. Of Disputation ; 56. By what
Means a Christian Reformation of Holy Ministry and Cure of Souls may
be begun and practised in Parishes ; 57. Of Reforming of Canonical Col
leges ; 58. Of the Reformation of Monasteries both of Men and Women ;
59. Of Free and not Monastical Colleges of Virgins ; 60. Of the Order of
Cell Brethren and Lay Brethren.
In the article concerning the reformation of monasteries and nunneries
this judicious Prelate saith thus : — " As for us, we must follow the Lord's
word, and not to go before it ; which word not only enjoineth not to man
wifeless, i. e. unmarried life, neither by necessity of commandment, nor
by commendation, or exaction of a vow, or by the occasion of any kind of
life, or ministry ; but also it bindeth and moderateth the praise of wifeless
life, and not of every wifeless life, but of that which may cause a man
cleave to God and godly actions more fastly, and with greater continuance.
It moderateth the praise thereof, I say, so studiously and with so singular
a promise, that as oft as it bringeth forth any thing in the commendation
of this wifeless life, and of the manner of serving God without marriage,
it addeth forthwith somewhat whereby it admonisheth, that it is not given
to every body to serve God out of wedlock ; and that every man ought
to consider what gift he has received of the Lord, lest, labouring to higher
things, he be not able to stand in the lower ; and lest, while he followeth
the higher virtue, he lose the lower, and lay a snare for himself. Thus
the Lord's mouth and the Holy Ghost taught of wifeless life, Matt, xix ;
1 Cor. vii; 1 Tim. v. Seeing, then, that the Lord himself and Master of re
ligion commendeth wifeless life after this sort, and with this wariness
both by himself and by his Apostles, it cannot surely be lawful to us his
disciples to lay a snare to men commended to our charge, that we should
keep them in the grace of God, either by any renewing of commandments,
i. e. making new commandments, or exaction of vows whereby they perish,
and to thrust them from that, that might be to them a better and a surer
way." Then he goes on to advise all virgins, &c. not to act indiscreetly
in marrying, but to pray to God for the proper virtues when meet
husbands to whom they might be married fall not in their way ; and
afterwards he proceeds to regulate the differences that may happen to
arise iu families concerning inheritance, when any man or woman shall
chance to leave their monastery, and enter into a married state.
1 i. e. A person in priest's orders ; and not what we now commonly call
a priest, by which appellation we mean one that is a presbyter of the
Church of Rome. He had the title of Sir from the Pope, who dubbed
knights like other princes ; but he has been one of those clergymen who
afterwards renounced the Pope's jurisdiction, and entered into the King's
new measures.

1543.] OF CHURCH AND STATE IN SCOTLAND. 95
presented to the Governor by Mr Sadler. The Governor
received him courteously, and heard him preach, and likewise
promised him a living and entertainment in the country ;
and the same Sir Robert, by license from the Governor,
went to St Andrews, and talked with the Cardinal ; but it is a
pity we are ignorant of the communing that passed betwixt
them, the purport thereof being only transmitted to King
Henry by Richardson himself, and no part thereof dropped to
posterity in Mr Sadler's Letters. The books which were
sent from England were not very much esteemed in this
country, because it seems they treated mostly of true and
solid religion ; whereas the faction that favoured the new
opinions here, were mostly taken up with that part which
confuted the Bishop of Rome's supremacy, and tended to
depress the clergy, which was a point of reformation that
our great men were specially fond to advance and set
forward, that thereby they might enrich themselves out of
the spoils of the Church. Things went in this channel from
the first Parliament of the Governor, until the time that he
shifted sides, and went over to the Cardinal. But how soon
the Governor came with that Prelate to Stirling, his natural
brother John Hamilton, Abbot of Paisley, did so effectually,
it seems, represent to him the former false measures he had
taken, considering that the legitimacy of his own birth, and
consequently the very title to his own private estate, as well
as his advancement to the public high office in which he was
invested, did solely depend upon the Pope's authority, and the
laws of the Church as then established, that the Governor
himself was quickly reconciled to the Church, by making a
public renunciation of his errors, and receiving absolution
from the hands of the Cardinal, in the church of the Fran
ciscans in that city. The consequence of which was, that
the two preachers Williams and Rough, and such gentlemen
as favoured the new doctrines, were dismissed from being
about the Governor. Sir Robert Richardson also, and
others that had come from England, were fain to return
home as being in danger of their lives since the new turn of
affairs. Nor was the Governor satisfied in the abandoning
of his former friends ; but that he might the better testify
his zeal and integrity in his late conversion, he, in the

96 THE HISTORY OF THE AFFAIRS [1543-4.
Parliament, that sat next December, made the following pro
position on Saturday, the 15th of that month, viz. —
" The which day my Lord Governor caused to be shewn and
proponed in plain Parliament to all Estates being there ga
thered, how there is great murmur that heretics more and
more rise and spread within this realm, sowing damnable
opinions contrary to the faith and laws of Holy Kirk, Acts
and Constitutions of this Realm ; exhorts therefore all Pre
lates and Ordinaries, each one within their own Diocese and
jurisdiction, to enquire upon all such manner of persons,
and proceed against them according to the laws of Holy
Kirk ; and my said Lord Governor shall be ready at all times
to do therein that accords him of his office."1
During this winter remained in Scotland the Pope's
Legate,2 who arrived here in the ships that brought the
money, &c. from France to the Earl of Lennox. I mention
the Legate in this article of Church affairs merely because of
his ecclesiastical character and dignity ; for I do not find
that he had any particular business to do relating to the
Church, further than may be supposed in general to recom
mend the extirpation of heresy, and a firm adherence to her
interests. His chief commission seems to have been to dis
suade the marriage of our Queen with the Prince of England,
and to make promise of bulky assistance from the Pope in
case of a rupture with that Crown. After he had been
courteously and splendidly entertained by persons of the
greatest rank from his arrival in the kingdom, he departed
in the beginning of the month of March 1543-4,3 and was
so well pleased with the reception he had met with here, that
wherever he went afterwards he still spoke of the magnificent
civilities of the Scottish nation, and represented them in a
1 Regist. Parliam. — [Acta Pari. Scot, folio, vol. ii. p. 425. — E.]
2 Bishop Lesley calls him Peter Francis Contareno, the Patriarch of
Venice, but Mr Sadler calls the Legate, who he heard was coming into
Scotland, Mark German ; and, which seems to be of greatest authority,
the Eail of Arran, in his letter to the Pope, dated the 8th December, calls
him Marcus Grymanus, Patriarch of Aquileia.
3 His recommendatory letter from our infant Queen to the Pope, when
he was ready to return home, is dated the last day of February 1543.
Vide Epist. Reg. Scot. vol. ii.

1545-6.] OF CHURCH AND STATE IN SCOTLAND. 97
particular manner to the King of France, the State of
Venice, the College of Cardinals, and to the Pope.1
In prosecution, as would appear, of the order in Parlia
ment presented by the Governor in the end of the year
1543, the Cardinal made a visitation into some parts of his
Diocese in the end of the year 1545, or rather, as may be
conjectured, 1545-6,2 accompanied by the Lord Governor,
1 [Sir James Balfour says — " The Patriarch of Venice, the Pope's
Legate, that lately before had come to Scotland, is this year [1544] ho
nourably received by the Regent, and sumptuously feasted by the Earl of
Moray, and at his departure transfers his legantine power a latere on
Cardmal Beaton. He dissuaded the Regent, Queen Mother, and their
adherents, as they tendered the weil of the Catholic religion, and his
Holiness' blessing, no way to condescend to the marriage with England.
And the Patriarch, after his return to Italy, informs the Pope and whole
College of Cardinals of the singular good will and humanity of the Scots,
as also of their affection to the Roman See." — Annals, vol. i. p. 280. To
this may be added, that the Great Seal was taken from Archbishop Dun
bar of Glasgow in December 1543, and bestowed on Cardinal Beaton.
Pope Paul III., in answer to pressing letters from the Regent, constituted
the Cardinal his Legate a Latere in Scotland by a Bull of 30th January
following. He was thus placed at the head both of the Church and
State, including the whole civil judicature of the kingdom, being as Lord
Chancellor ex officio Principal of the Court of Session, the supreme judica
tory in civil causes. It is stated that two remarkable alterations occurred
in the customs of the Court of Session during the Cardinal's time, which
are supposed to have been derived from the tribunals of the Roman
Church, with which doubtless he was very familiar. The one was the
custom, which is continued to this day, of the Judges of the Court of
Session assuming, if they think proper, a title on their elevation to the
Bench. The first Judges of the Court were called Lords of Session, as the
Judges of the previous Court were termed Lords of Council; but the indi
vidual Judges of the Court of Daily Council were never designated as
have been many of the Judges of the Court of Session since, nor were the
early Judges of that Court so designated. The first who apparently was
recognized by a territorial title was John Waddell, Parson of Flisk a
parish in the north side of Fife on the Tay, who is called my Lord of Flisk
or Lord Flisk, first named as an Ordinary Lord of Session in June 3, 1534.
Pitcairn's Criminal Trials, vol. i. Part II. p. 472. In 1527, he was Rector
of the University of St. Andrews, and he was one of the Judges of Patrick
Hamilton — Historical Account of the Senators of the College of Justice
by Haig and Brunton, p. 55. The other change was the appointment of
Lords Ordinary to sit in the Outer House, to hear and determine causes,
which is supposed to have been also derived from the practice of the
tribunals of Rome. No such distinction as an Outer and Inner House
existed at the first Institution of the Court of Session. All the Judges sat
in the Council House, but soon after the Cardinal's time an Outer Home
appears. — E.]
2 The chronology of this progress, as delivered by our historians, is so
irreconcileable, that I can make nothing of it. Mr Knox says, that the
7

98 THE HISTORY OF THE AFFAIRS [1545-6.
the Earl of Argyll, Lord Justice-General, the Lord Borth
wick, the Bishops of Dunblane and Orkney, Sir John Camp
bell of Lundy, and sundry other gentlemen. When they
were in the town of Perth, several persons were delated of
heresy, being indicted particularly for contravening the Act
of Parliament 1542-3, whereby the lieges were forbidden to
argue or dispute concerning the sense of the Holy Scriptures.
The pannels were quickly found guilty by the verdict of an
assize ; three or four were banished, and some were shut up
in prison, but these following were condemned to die, viz.
William Anderson, Robert Lamb, James Ronald, James
Hunter, James Finlayson, and Helen Stark his wife. Great
intercession was made for a pardon, but nothing did prevail,
so the men were executed by hanging, and the woman by
drowning. Perhaps the Cardinal was the more inexorable,
that he might cast a copy for the other Prelates, what they
execution at Perth was on St Paul's Day, i. c. the 25th of January, before
the first burning of Edinburgh. Now, that first burning was in the year
1544, so that, according to him, the Cardinal and Governor were at Perth
in the month of January 1543-4. But this is highly improbable, since we
have already observed that about that time of that year, the Governor
was in the West about Glasgow, pursuing the Earl of Lennox ; besides
that, the Pope's Legate was then in the country, and they were busied in
entertaining him. Mr Sadler does indeed inform us, that the Governor
and Cardinal went about the 10th of November 1543 into Fife and Angus,
in order to gain the Earl of Rothes, the Lords Gray, Ogilvy, and Glammis,
to their party, either by force or policy, but he says nothing of Perth, nor
of any execution of heretics. Mr Fox also assigns this execution to the
same year and time of the year 1543, with Mr Knox, ex Regist. et Instru-
mentis a Scotia missis : Mr Buchanan, that the progress was in the end of
the year 1545, and that after the execution at Perth, and a farther pro
gress into the county of Angus in search of heretics, the Cardinal and
Governor returned, and kept their Christmas for three weeks together in
St Andrews that same year 1545, immediately before the catching of Mr
Wishart. So that neither the certain year, nor season of the year, are
clearly accounted for by our public writers. However, that I might afford
some light to this matter, I have narrowly observed the rolls of Parlia
ment, and do find that the Governor and Cardmal were present in the
winter Parliaments, except in the end of the year 1545, in the months of
December and January. It is true there was no session of Parliament in
the month of January 1543-4 ; but that the Governor and Cardinal did
not make their progress northward in that year I think is very improbable,
for the reasons above assigned. Nor was it likely to have been in January
or February 1544-5, Ancrum Moor having been fought the 17th of Febru
ary that year. So that all these things being duly considered, I rather
join with Mr Buchanan, who places this execution at Perth in the end of
the year 1545.

1545-6.] OF CHURCH AND STATE IN SCOTLAND. 99
ought to do in their several Dioceses ; or perhaps he thought,
by this exemplary punishment, to put an effectual stop to
the growing of heresy throughout the kingdom, seeing that
town and the country thereabout was more infected there
with than any other parts of the nation.1
1 [The Cardinal's expedition to Perth, though a matter of historical
fact, is, as Bishop Keith observes in his own note, very difficult of ex
planation. The true narrative seems to be, that the Cardinal and the
Regent itinerated through the counties of Fife and Forfar in 1544, to
secure George third Earl of Rothes, Patrick fifth Lord Gray, James
fifth Lord Ogilvy, John seventh Lord Glammis, and others, who were
suspected of " heretical " tendencies, or at least of laxity in their doc
trinal notions. The Cardinal's success with Lord Gray may be inferred
from the fact that his Lordship contrived to receive a grant of part
of the Barony of Rescobie in Forfarshire from the said Cardinal in Oc
tober 1544, for his " ready and faithful help and assistance in these dan
gerous times of the Church," and in November following he obtained a
portion of the lands of Foulis ; yet this personage was one of the very first
of his rank to countenance the Reformation. The Cardinal's second
visitation, which is that mentioned in the text, appears to have been in
January 1545-6, and the cavalcade assumed a most imposing aspect. The
Cardinal was now in the highest power and prosperity, and he had gained
all the advantages of ruling which he wanted to exercise at the death of
James V., while he avoided much unpopularity by Arran, the responsible
Governor or Regent, being his companion. The prosecution and fate of
the persons at Perth, who seem to have been decent citizens, is enveloped
in considerable mystery, and it is nowhere recorded for what particular
opinions or acts they suffered death ; but that it was done according to the
forms of law is evident from the presence of the Regent and of the Earl
of Argyll, then Hereditary Lord Justice-General. It is curious that Sir
James Balfour makes no allusion to this affair in his " Annals of Scotland,"
or Historical Works, edited by Mr James Haig, of the Advocates' Library,
published in four volumes octavo in 1824. In Mercer's " Chronicle of
Perth," edited for the Maitiand Club by James Maidment, Esq. Advo
cate, the date of the execution is stated to have been the 25th of January
1543-4, and only four persons are mentioned, viz. James Hunter, Robert
Lamb, James Richardson, and his wife. If we are to credit the traditional
gossip recorded by Knox and Buchanan, and the work entitled " Memora
bilia of Perth," the Cardinal and his companions acted most unfeelingly,
and the former is said to have witnessed the execution of the men from a
window in the Spy Tower, a building on the river side in the Earl of Gow-
rie's garden. The men were hanged on the then bridge of Perth, and the
woman was drowned in the Tay. According to Knox and Buchanan, the
crime of one of them was his insolent interruption of a clergyman during
his sermon, by commenting on some of the observations of the preacher,
and publicly denying that invocations to saints were at all necessary or
essential. His three associates were accused by the Franciscans of treat
ing with ridicule an image of St Francis, by nailing horns to its head,
dressing it in such a fantastic manner as to represent their notions of the
devil, and violating the canonical injunctions enjoining abstinence during
Lent, or, according to Knox, of " eating a goose on Good Friday." The

100 THE HISTORY OF THE AFFAIRS [1545-6.
The Cardinal, perceiving that, notwithstanding the severi
ties he had used, many persons in divers places did incline
to the new doctrines, and that they were much fortified in
their opinions, and discouraged from entertaining a due re
gard to the Church, by the immoral lives of a great many of
the clergy, had called a Provincial Council to meet at Edin
burgh on the 13th of January 1545-6, in the Black-Friars,1
in order to consult upon proper methods to discourage
the springing heresy, and to restrain the licentiousness of
clergymen, which gave so great scandal, and a handle to the
people to desert them. But how far they proceeded in that
affair remains uncertain ; or if they were not altogether
diverted from any inquiry into it by the information they
woman was charged with declining to invoke the Virgin during child
birth, and declaring that she would pray to God only in the name of Christ.
It is probable that the conduct of the whole of them had been peculiarly
violent and offensive, for otherwise they were too obscure to attract notice,
and it was dangerous in those times to attack the established religion of
the kingdom, especially when such a man as the Cardinal was at the head
of ecclesiastical affairs. It is some palliation of that extraordinary man's
conduct to remind the reader that James VI. in 1600, fifty-five years after
this event, caused Francis Tennent, merchant burgess of Edinburgh, to
be hanged for merely writing pasquils against him, Pitcairn's Criminal
Trials, vol. ii. p. 332-335 ; — that in 1601 the same monarch allowed Archi
bald Cornwall to be executed for exhibiting the royal portrait on the public
gibbet, Ibid. p. 349 ; — that in 1615 John Fleming was hanged for uttering
" treasonable, blasphemous, and damnable speeches" against the same
King, Ibid. vol. iii . p . 359 ; — and that in the same year Thomas Ross, brother
of a gentleman named Ross of Craigie in Perthshire, had his right hand
struck off, and was afterwards beheaded, for writing some satires against
the Scottish nation, and affixing them to a church door in Oxford, Ibid.
vol. iii. p. 445, 454. Many other examples are recorded of victims to an
arbitrary law in that reign, and the dreadful cruelty and oppression in
flicted by the Covenanters on their opponents during the reign of Charles I.
are well known. It is unfair, therefore, to denounce Cardinal Beaton as
a man peculiarly tyrannical and severe. Many more odious crimes were
perpetrated by Protestants a century after his time, than any thing with
which he was ever concerned. — E.]
1 [The church and monastery of the Black Friars occupied the site of
the present Royal Infirmary and Surgeons' Square, on the south of the
Cowgate, and immediately east of the University. A narrow alley, once
the abode of the Nobility, and which Royalty itself has traversed, extend
ing from the High Street to the Cowgate, still bears the name of the
Blackfriars' Wynd. Queen Mary walked through this alley when she
went to visit Lord Darnley, and returned by it to Holyrood Palace, the
night before he was murdered by Bothwell, in the adjoining house of
the Provost of the church of St Mary-in-the-Fields, commonly called the
Kirk-of-Field.—E.']

1545-6.] OF CHURCH AND STATE IN SCOTLAND. 101
then received, that Mr George Wishart, the famous preacher
of heresy,1 for whom the Cardinal had long searched, was
just then at the house of Cockburn of Ormiston2 in East
Lothian. The Cardinal went immediately to the Governor,
and desired he would send his servants to seize the said Mr
George Wishart, that he might be pursued as an heretic,3
which the Governor very unwillingly complied with; but
the Laird of Ormiston, refusing to deliver him up, as hoping
1 [This affair requires a lengthened note, in addition to what Bishop
Keith says of Wishart, as the Cardinal has been more blamed for this
transaction than it now appears from undoubted and authentic documents
he deserved. The reader is referred to the additions to Bishop Keith's
own note towards the conclusion of this Chapter. — E.]
2 [This gentleman was apparently Sir Alexander Cockburn, proprietor
of the mansion and estate of Ormiston, in the parish so called, county of
Haddington, upwards of two miles from Tranent. His son Alexander
was a pupil of John Knox, when he was preceptor to the two sons of
Douglas of Longniddry on the shore of the Frith of Forth, about eight
miles from Tranent. Cockburn of Ormiston, who had early connected
himself with the preachers of the new doctrines, was, like Wishart, one
of the party hired by Henry VIII. to murder Cardmal Beaton. On the
occasion mentioned in the text, Wishart proceeded on foot to Ormiston,
after preaching at Haddington, seven miles distant, accompanied by Cock
burn, Crichton of Brunstane near Pennycuik, and Sandilands of Calder,
other two of the band paid by Henry VIII. to murder the Cardinal. The
mansion in which Wishart was apprehended stood about two hundred yards
west of Ormiston Hall, now a seat of the Earl of Hopetoun, and the only
remains of it are a gable partly connected with the wall of the surround
ing flower garden, a staircase, and some vaults. Outside an aisle which was
connected with the old parish church of Ormiston, the ancient burying
place of the Family of Cockburn, in a wooded enclosure, originally the
cemetery of the parish, is a brazen tablet in excellent preservation, with
an elegant Latin inscription, supposed to have been written by Buchanan,
to the memory of Knox's pupil above mentioned, who died in 1535, at the
early age of twenty-eight. In the flower-garden of Ormiston Hall is a
most magnificent tree, which was considered very old in 1561, under
which, according to tradition, Wishart frequently preached. In 1827, the
circumference of the trunk was 17 feet, the height above 30 feet, and the
ground covered by the branches nearly 180 feet  E.]
3 [The Cardinal had other and more important reasons to incite him
to get Wishart if possible into his power. He knew that the " Martyr"
was one of the most active leaders of the infamous confederacy formed
and paid by Henry VIII. to murder him. After Wishart was taken to
Elphinstone Tower, the Cardinal dispatched another party to apprehend
Cockburn of Ormiston, Sandilands of Calder, and Crichton of Brunstane,
whom he knew, especially the latter, to be his inveterate enemies.
Crichton, however, escaped to the woods of Ormiston, but Cockburn and
Sandilands were secured, and sent to Edinburgh Castle, in which fortress
they were imprisoned some time. — E.]

102 THE HISTORY OF THE AFFAIRS [1546.
to have wrought his escape, the Earl of Bothwell,1 High
Sheriff of the county, advanced to the house of Ormiston,
having left the Cardinal within a mile of the place, and, as
some saj', the Governor in company with him ; and to this
Nobleman Mr Wishart was delivered up, he undertaking,
according to Mr Knox, to keep the man harmless at that
time, and either to set him at liberty, or to restore him to
the same place where he received him. This step, made by
the Cardinal in person, is sufficient to shew the value he put
upon the man, which is likewise still more apparent from
the following Act of Council, obliging Patrick Earl of Both-
well to deliver up to my Lord Governor the person of Mr
Wishart:' —
" 19th January 1545-6. — The which day, in presence of my
Lord Governor and Lords of Council, compeared Patrick
Earl Bothwell, and has bound and obliged him to deliver
Master George Wishart to my Lord Governor, or any others
in his behalf whom he will depute to receive him, betwixt
this and the penult day of January instant inclusive, and
shall keep him surely, and answer for him in the mean time,
under all the highest pain and charge that he may incur if
he fails herein."
Mr Wishart was first carried by the Earl of Bothwell to the
house of Elphinstone in East Lothian,2 where the Cardinal
was. From thence he was conveyed to the castle of Edinburgh,
and from that to the Cardinal's castle of St Andrews. Thither
the Cardinal wrote to the other Prelates to convene on the
27th of February, and in that meeting Mr Wishart was
sentenced to be burned the 1st of March ; which was accord
ingly put in execution ; and that day the Cardinal caused be
proclaimed through the city of St Andrews, that no person
1 [This was Patrick third Earl of Bothwell, who succeeded the second
Earl his father when an infant, in 1513. He was the father of James
fourth Earl, who murdered Lord Darnley, and married Queen Mary. — E.]
2 [Elphinstone Tower is at the village of its name, four miles from
Dalkeith, and two miles from the village of Tranent, in which parish it is
situated. It is supposed to have been erected about the year 1300, and
an addition to it, still inhabited, was built in 1600. The room alleged as
Wishart's temporary prison, after he was brought from Ormiston, is a
most revolting apartment under the great hall. The room is also shewn
in which the Cardinal slept on the night of Wishart's apprehension.— E.]

1545-6.] OF CHURCH AND STATE IN SCOTLAND. 103
should pray for the heretic, under penalty of the severest
ecclesiastical censures. Mr Wishart was a son of Pitarrow
in the Mearns. He had been in his younger years master
of the Grammar School at Montrose, and had afterwards
studied at Cambridge. He is reckoned to have been the
worthiest person of all those who supported the new doc
trines in this kingdom.1 He returned into Scotland in the
1 [Bishop Keith wovdd not have recorded this eulogiuni on Wishart if
he had been aware of certain actions of his life, now ascertained on the
most undoubted authority. In addition to the brief notice of Wishart in
the text, it may be stated that he was a son of James Wishart of Pittar-
row in Kincardineshire, another son of whom, Sir John Wishart, was an
Extraordinary Lord of Session, and filled several important offices in the
reign of Queen Mary and James VI. The family were ancient and re
spectable, and one of them, William Wishart, was Bishop of St Andrews
and Primate of Scotland from 1272 or 1273, to 1279. Little is known of
the early history of the " Martyr." He became acquainted with John
Erskine of Dun; and when that gentleman was elected Provost of Montrose,
he went to that town, and publicly taught the Greek language under the
patronage of Erskine, who was an early encourager of Greek literature in
Scotland. In 1538, however, Bishop Hepburn of Brechin, at the instigation,
it is alleged, of Cardinal Beaton, then Abbot of Arbroath, thirteen miles dis
tant, threatened Wishart with a prosecution for teaching, without authority,
the Greek New Testament, which compelled him to retreat into England.
After a variety of adventures we find him at Bristol, where he set up as a
preacher, and made himself conspicuous by denouncing the adoration of
the Blessed Virgin, the invocation of saints, and other points. This caused
him to be apprehended and condemned for heresy, but he publicly re
canted in St Nicholas' church in that city. Wishart found his way in
1543 to Cambridge, and became a resident at Corpus Christi College.
His appearance and conduct there are favourably described by one of his
pupils named Tylney, whose account of him is printed by Fox, in his
" Acts and Monuments." Wishart, according to this Tylney, was of " tall
stature, bald-headed, of a melancholy countenance, black-haired, long-
bearded, well spoken of after his country of Scotland, courteous, lowly,
glad to teach, desirous to learn, and was well travelled." During Wishart's
sojourn in England he was in active correspondence with Cardmal
Beaton's enemies in Scotland, who were negociating with Henry VIII. to
murder him. The only difficulty in that infamous transaction, seems to
have been the reward which was to have been given by the King for the
deed of blood. Wishart was in Scotland early in 1543, about the time the
Cardinal was in custody on the pretended charge of a treasonable corres
pondence with France to overthrow the regency of his cousin the Earl of
Arran. But the reconciliation of the Cardinal and the Regent was soon
effected, and the abjuration of the "reformed" cause by the latter having
frustrated the English intrigues with the Earls of Cassillis, Glencairn, and
others, to assassinate the Cardmal, Sir Ralph Sadler employed Crichton
of Brunstane, who had been in 1539 the confidential agent and steward of
the Cardinal, to watch his movements and those of the Regent. This
Crichton, who concealed under the mask of religion a disposition most

104 THE HISTORY OF THE AFFAIRS [1545-6,
year 1544 ; and an account of his labours, and the last scene
of his life, is written pretty fully by our other historians, to
whom I refer. But perhaps there is one passage which
ferocious, unprincipled, and revengeful, was at this time engaged in a
new plot against the Cardmal, in which Norman Leslie, eldest son of the
Earl of Rothes, Kirkaldy of Grange, and Charteris of Kinfauns, were inti
mately concerned. Their object was either to murder or seize the Cardinal,
if properly supported and rewarded by Henry VIII., Despatch to Henry
VIII., apud Tytler's History of Scotland, vol. v. p. 456, 457. In April
1543, Wishart brought a letter to the Earl of Hertford, then at Newcastle
with the English army, detailing the particulars of the proposed conspi
racy, and after an interview, he was entrusted with a despatch to Henry
himself, signed by Hertford, the Bishops of Durham and Llandaffjand Sir
Ralph Sadler, carrying also the letter of Crichton of Brunstane, which
contained the proposal of Kirkaldy of Grange, Norman Leslie, and others,
to kill or apprehend the Cardinal when he " shall pass throughe the Fyfe
lande, as he doth sundrye times, to Sanct Andrewes; and in case they can
so apprehend hym, will delyver hym unto your Majestie." Wishart was
admitted by Henry VIII. to an audience, and detailed to that monarch,
whom he found exasperated against the Cardinal, all the projects of the
conspirators. The King expressed his satisfaction, and pledged himself
that they would receive the most complete protection and liberal rewards,
if they were compelled to seek refuge in England. Wishart returned to
Scotland about the end of July 1545, in the company of the commissioners
sent to negociate the marriage of Prince Edward and Queen Mary, and to
the day of his apprehension by the Cardinal he was so far protected by
their influence, that he was usually attended by one or more of the party
in the pay of Henry VIII. After his arrival in Scotland, he became a
preacher in Montrose, Dundee, and other towns, and denounced the doc
trines and ritual of the Papal Church, with an energy and eloquence which
made a deep impression on multitudes who resorted to him. His discourses
in Dundee caused a serious riot, and the houses of the Black and Grey Friars
were destroyed. It is evident, from a letter written by the English agent,
dated 4th September 1543, that Henry VIII. secretly influenced the Earl
Marischal, the Earl of Glencairn, and others of the party, to encourage
Wishart in his attacks on the Church, in the hope of increasing the
distractions of the country. Wishart next went to Perth, and thence he
itinerated in Ayrshire, particularly in the town of Ayr, the village of
Mauchline, and the parishes of Barr and Galston. He returned to Dundee
when he heard that an epidemic was fatally prevalent in that town, and
as he was not allowed to enter it lest his visiting the sick might be
dangerous to him, he ascended the Cowgate Port or Gate, which is still
preserved as a memorial of veneration for him, and preached to the unin
fected within the gate, and the diseased who lay without on pallets in the
street. On one occasion, after descending from the top of the arch, he
discovered a disguised priest, who was stationed for the purpose of assassi
nating him. After this attempt, Wishart never appeared publicly without
a double-handed sword carried before him, and John Knox for some time
discharged the singular office of acting as his sword-bearer. He was also
protected by a strong body of armed men, commanded by some friendly

1545-6.] OF CHURCH AND STATE IN SCOTLAND.

105

some would expect I should not omit ; and that is, the pro
phetical warning which he is said to have declared against the
Cardinal at the time of his death. The matter was thus :
The Cardinal, as is reported, was viewing the execution from
a window overlaid with tapestry ; and after the fire had be
gun to burn about Mr Wishart, he is said to have expressed
himself in these or the like words: — "This flame hath scorched
my body, yet it hath not daunted my spirit ; but he, who
from yonder high place beholdeth us with such pride, shall
within few days lie in the same as ignominiously, as now he
is seen proudly to rest himself." I confess I give but small
credit to this, and to some other things related concerning
some of those persons that suffered for religion in our
country, and which upon that account I have all along omit
ted to narrate. I own I think them ridiculous enough, and
seemingly contrived, at least magnified, on purpose to render
the judges and clergymen of that time odious and despicable
in the eyes of men. And as to this passage concerning Mr
Wishart, it may be noticed that there is not one word of
it to be met with in the first edition of Mr Knox's History ;
and if the thing had been true in fact, I cannot see how Mr
Baron in the confidence of his friends. After the disappearance of the
epidemic at Dundee he returned to Montrose, where he occasionally
preached, but Knox asserts that his time was chiefly devoted to " private
meditation." Towards the end of the year 1545, Wishart revisited Dundee,
and then proceeded by Perth and through Fife to Edinburgh, to meet
the Earls of Glencairn and Cassillis, and some gentlemen from Ayrshire,
according to an arrangement he had made when in that country. This
meeting was to be attended by Norman Leslie, Douglas of Longniddry,
Crichton of Brunstane, Cockburn of Ormiston, and others, all in the pay
of Henry VIII., and notorious conspirators against the Cardinal. They had
maintained a close correspondence with Wishart during his residence at
Montrose and Dundee. He went to Leith, the seaport of Edinburgh, but
to his disappointment, Glencairn and Cassillis with their followers did not
arrive, and Crichton of Brunstane and his associates could not act without
them. Being informed that the Cardinal and the Regent were to be soon
in Edinburgh, Wishart betook himself into Haddingtonshire, preachmg
by the way at Inveresk, still the parish church of Musselburgh, at Tranent,
and in the town of Haddington. From the latter town he walked to
Ormiston, accompanied by Cockburn, Crichton, and Sandilands of Calder,
and by John Knox, who was then upwards of forty years of age, and was
preceptor to the sons of Douglas of Longniddry. Knox was anxious to
accompany Wishart on this occasion, but he was dissuaded by him, and
returned to Longniddry with his employer. This was the eve of the night
on which Wishart was apprehended by the Earl of Bothwell, and delivered
to the Cardinal at Elphinstone Tower. — E.]

106 THE HISTORY OF THE AFFAIRS [1545-6.
Knox, who was so good an acquaintance of Mr Wishart,
and no farther distant from the place of his execution than
East Lothian, and who continued some months along with
the murderers of Cardinal Beaton in the castle of St An
drews, could either be ignorant of the story, or neglect to
insert in his History so remarkable a prediction. And it
has even its own weight, that Sir David Lindsay, who lived
at that time, and wrote a poem called the Tragedy of Car
dinal Beaton, in which he rakes together all the worst things
that could be suggested against this Prelate, yet makes no
mention, either of his glutting himself inhumanely with the
spectacle of Mr Wishart's death, nor of any prophetical in-
termination made by Mr Wishart concerning the Cardinal,
nor doth Mr Fox take notice of either of these circum
stances ; so that I am much of the mind that it has been a
story trumped up a good time after the murder.1
Not only did the clergy in general, and the Cardinal's
friends, highly applaud him for the execution of Mr Wishart,
without the approbation, and even without the knowledge
and consent, of the Governor, who had desired the trial
might be delayed till he himself should come to St Andrews ;
but the Cardinal himself was no doubt greatly pleased there
with, as hoping that now he had given a deadly blow to the
heresy, and that his enemies would henceforth be kept in
1 [Bishop Keith's observations in the text are correct. There is no
evidence to prove that the Cardmal witnessed Wishart's incremation. As
to Wishart's announcement of the Cardinal's fate, if he really uttered the
words ascribed to him at the stake, it must have been from his knowledge
of the confederacy formed by Norman Leslie and his own associates to mur
der that Prelate at the earliest opportunity. Wishart was fond of intimat
ing events which soon afterwards occurred, and the ignorant peasantry in
terpreted his denunciations as actual prophecies. Some modem writers,
also, have maintained that he really possessed a prophetical gift, although
it is evident that in all his allusions to the future, nothing can be discovered
beyond the sanguine expectations of a partizan, who well knew the eccle
siastical and political condition of the kingdom. Wishart understood all the
secret contrivances of Henry VIII., and the contemplated invasion of
Scotland. " He enjoyed, it is to be remembered," says Mr Tytler, " the
confidential intimacy, nay, we have reason to believe that his counsels in
fluenced the conduct, of Glencairn, Cassillis, Brunstane, and the party who
were now the advisers of Henry's intended hostilities — a circumstance
which will perfectly account for the obscure warning of the preacher,
without endowing him with inspiration." — History of Scotland, vol. v.
p. 415.— E.]

1546.] OF CHURCH AND STATE IN SCOTLAND. 107
fear and subjection. And yet, so uncertain are the issues
of all human consultations, that this very thing proved the
rock on which he and all his fortunes perished ; for not only
were the minds of the Commons much irritated by this execu- \
tion, but even the humours of some of high rank, who other
wise bore no good will to the Cardinal, were so sharpened
and enraged at his persecutions, that they openly avowed
the blood of Mr Wishart should not pass unrevenged. Soon
after this the Cardinal went into Angus, to be present at the
marriage of his daughter Margaret,1 with David Lindsay,
Master of Crawford, at Finhaven, the then dwelling-house
of the Earl of Crawford, where the nuptials were solemnized
with great pomp and magnificence. Whilst this was a-doing,
Mr Buchanan informs us that the Cardinal received intelli
gence how that the King of England was making great naval
preparations to infest the Scottish coasts; and that there
upon he immediately returned to St Andrews, and appointed
a day for the gentlemen of that country which lies much
exposed to the sea to meet, and consult in common what
remedy to apply to the present evil. He likewise began to
fortify his own castle of St Andrews more strongly than it
had been before. Amongst other persons who repaired to
the Cardinal was Norman Leslie, eldest son to the Earl of
Rothes. This man had formerly done services to the Car
dinal ; but meeting now with some disappointment from
1 I have seen a copy of the contract of marriage in the hands of David
Beaton of Balfour. It is dated at St Andrews, the 10th of April 1546, and
subscribed by the Cardinal, who expressly calls the bride my daughter, with
whom he gives 4000 merks in dowry — a great sum at that time. The King
of England gave but 6800 merks with his niece to the Earl of Lennox. —
[Finhaven Castle, now in ruins, is on the banks of the Lemno, which
joins the Esk a short distance below it in the parish of Oathlaw, Forfar
shire. The Nobleman whom the Cardinal's daughter married was David,
only son of Alexander, Master of Crawford, who succeeded as ninth Earl
of Crawford. The issue of the marriage were four sons and one daughter,
viz. David, whose son and grandson became the tenth and eleventh Earls ;
Henry, who succeeded as twelfth Earl ; Sir John Lindsay ; Alexander,
created Lord Spynie in 1590 ; and Lady Helen, who married Sir David
Lindsay of Edzell. The male representation of the ancient Family of
Crawford, by the descendants of the Cardinal's daughter, ceased with
George third Lord Spynie at his death in 1672. The representation de
volved on that Nobleman, at the death, in 1647 or 1648, of Ludovick four
teenth Earl of Crawford, who distinguished himself for his loyalty to
Charles I., and his determined opposition to the Covenanters. — E.]

108 THE HISTORY OF THE AFFAIRS [1546.
him, with respect to a certain business depending betwixt
them two, he departed with thoughts full of revenge, and
inveighed openly amongst his friends against the intolerable
pride of the Cardinal, insomuch that they entered into a
horrid design to take away his life.
The accomplices went early in the morning, on Saturday
the 29th of May, and expelled from the castle of St An
drews all the servants and workmen, having first seized the
porter, and secured the gate. This was performed with so
little noise, that the Cardinal knew nothing of it till they
knocked at the chamber-door where he lay. Then he asked
— " Who was there ?" John Leslie made answer — " My name
is Leslie." " Which Leslie," said the Cardinal : " Is it Nor
man V It was answered, that he must open to those that
were there. This answer made the Cardinal fear the worst,
and therefore he began to secure the door, and whilst they
were using force to make it open, he asked — " Will ye
save my life V John Leslie answered — " Perhaps we will."
" Nay," replied the Cardinal, " but swear unto me by God,
and I will open." To which John answered — " What was
said is unsaid," and then he called for fire to burn the
door ; upon which the Cardinal, after a promise given him,
as some relate, that no violence should be used, thought
fit to open the door, and then sat him down on a chair,
saying — " I am a priest, ye will not slay me." Howbeit
John Leslie smote him once or twice, as did likewise Peter
Carmichael ; but James Melville, a man, says Mr Knox,
in his account of this barbarous murder, of nature most
gentle and most modest, perceiving them both to be in choler,
said — " This work1 and judgment of God, although it be
secret, ought to be done with greater gravity ;" and present
ing to the Cardinal the point of his sword, said — " Repent
thee of thy former wicked life, but especially of the shedding
of the blood of that notable instrument of God, Mr George
Wishart ; which, albeit the flame of fire consumed before
men, yet cries it for vengeance upon thee, and we from God
are sent to revenge it :2 for here, before my God, I protest
1 In the 8vo edition of Knox's History there is the following marginal
note, viz. " The godly fact and words of James Melvin :" but in the 4to and
folio editions the word godly is suppressed by the editors.
s Conformable to this enthusiastic notion, Mr Calderwood in his History,

1546.] OF CHURCH AND STATE IN SCOTLAND. 109
that neither the hatred of thy person, the love of thy riches,
nor the fear of any trouble thou couldst have done to me
in particular, moved or moveth me to strike thee, but only
because thou hast been and remainest an obstinate enemy
against Christ Jesus and his holy gospel." This said, without
waiting an answer, or allowing him the smallest time for per
forming of that to which he had fanatically exhorted him,
he stabbed him twice or thrice through the body, and so left
him weltering in his blood. Meantime the noise spread that
the castle was taken, whereupon such as favoured the Car
dinal posted thither in all haste, and called out for ladders
to scale the walls ; but when it was told them that the Car
dinal was dead, whom they sought to rescue, their hearts
cooled, and they dispersed at the sight of his dead body
being shewed to them from that place where before he had
beheld the execution of Mr Wishart,1 as the story is now
related. page 2, hath these words, viz. — " The Cardinal intended farder, if the
Lord had not stirred up some men of courage to cut him off in time."
And Mr Fox in his Martyrology says, these men were stirred up by the
Lord. Were I by opinion a predestinarian, I would not stick to affirm
that they had been stirred up to this heinous sin for their farther and more
certain condemnation ; but as I am not, I have as little scruple to say,
that they have been stirred up to it by some one else than the Lord.
1 Mr Dempster, in his " Historia Ecclesiastica," p. 598, printed at Bononia
1627, affirms that Mr Wishart was in the plot to take away the Cardinal's
life, and so might easily foretell his death ; and Dr Mackenzie, in his Life
of Mr Wishart, has given us a scrape of a letter that seems strongly to sup
port the truth of that assertion. But because the letter is not among Mr
Sadler's Letters,nor can I findit in the Lawyers' [Advocates'] Library, after
a great deal of search made for it, though the Doctor says it is there to be
met with — I can determine nothing in the matter. However, I shall here
set down the letter as published by the Doctor. — Earl of Hertford's Letter to
Kimg Henry, 17th April 1544 — " This day arrived from Scotland Mr Wish
art, who brought me a letter from my Lord Brimston, which I send your
Highness herewith, and, according to his requests, I have taken order of
the repair of the said Mr Wishart to your Majesty, for the delivery of
such letters as he hath to your Majesty from the Lord Brimston, and also
for the said declaration of his credence, which, as I can perceive by him,
consisteth of two points, one in the Laird of Grange, late Treasurer of
Scotland, and the Master of Rothes, the Earl of Rothes his eldest son,
and John Charteris, who would attempt either to apprehend or slay the
Cardinal at some time when he should pass through the Fife-land, as he
doth sundry times to St Andrews ; and in case they can so apprehend him,
will deliver him up to your Majesty ; which attempt, he says, they would
enterprize, if they knew your Majesty's pleasure therein, and what sup-
portation and maintenance your Majesty will minister unto them after

110 THE HISTORY OF THE AFFAIRS [1546.
Thus died Cardinal David Beaton,1 the last of that dig
nity in Scotland. He was born in the year 1494, and was
a son of the family of Balfour in the shire of Fife. The be
ginning of his promotion has very probably risen from his
uncle the preceding Archbishop of St Andrews. In the
year 1519 he was sent to reside at the Court of France,
and his uncle bestowed upon him the Rectory of Campsie ;
and about the 1524 he gave him the Abbacy of Aber-
brothwick, reserving to himself the half of the rents. He
returned into Scotland in 1525, and in 1528 was made Lord
Privy Seal. In 1533 Abbot Beaton was again sent into
France, together with Sir Thomas Erskine of Brechin, the
Secretary, to confirm the leagues subsisting betwixt the two
kingdoms, and to negociate a marriage for our King James
V. with Magdalene, the French King's daughter ; but that
the execution of the same, in case they should be pursued afterwards by
any other enemies." Nota — This might be Wislwrt of Pitarrow.
[There is now no doubt that the Mr Wishart mentioned in the above
document was George Wishart the " Martyr." Mr Tytler cites the famous
letter, the existence of which.was long denied, completely proving that
he was a most active conspirator against the Cardinal. The original
letter is in the archives of the Dukes of Hamilton. The Cardinal was to a
certain extent aware of the plot against his life, and, viewing with suspicion
Wishart, not only as a disseminator of forbidden doctrines, but as the inti
mate associate of his mortal enemies, it is natural that he would be anxious
for his apprehension. " Beaton," observes Mr Tytler, " had either received
secret information of the project for his destruction, or the design was for
the present [1543] interrupted by some unforeseen occurrence. Succeed
ing events, however, demonstrated that it was delayed only, not abandon
ed ; and that the same unscrupulous agents who now intrigued with the
English monarch, were at last induced by Henry to accomplish their
atrocious purpose." In the opinion of George Chalmers, Wishart " deserv
ed to die a thousand deaths, but not for heresy." A passage from the
original letter, in the archives of the Duke of Hamilton, is quoted in a pre
vious note, p. 104. That letter, written by the Earl of Hertford, which
was carried by Wishart himself to Henry VIII., contained another pro
posal by Crichton and the other conspirators, exclusive of the one to kill
or apprehend the Cardinal, as he passed through Fife to St Andrews.
" In cace your Maj.," says Hertford to the King, " wolde grant unto them
a convenient enterteynment for to kepe 15 or 16 men in wages for a
moneth or two, they, joyning with power of the Erll Marchall, the said
Erl of Rothes, the Larde of Calder, and others of the Lord Gray's friends,
will tak upon them, at such tyme as your Maj . armey shall be in Scotlande,
to destroye the Abbey-and town of Arbroyth, being the Cardinall's, and
all the other Bishops' and Abbots' houses and countreys on that side of
the water."— E.]
1 They now write their name Bethune, but in the time that the Cardinal
lived I find it written in the Records Beton or Betoun.

1546.] OF CHURCH AND STATE IN SCOTLAND. Ill
Princess being sickly, the marriage went not forward at that
time. There is great probability that the Abbot did remain
in France for some good space after this, during which, as
tradition, handed down in the family of Balfour, informs us,
he became mighty agreeable to that King, who, perceiving
his mettle and parts, and knowing withal the favour he
had from his own sovereign, the King of Scotland, was de
sirous to keep him in France, hoping by his influence to re
tain our King firm to his own interest, in opposition to that
of the King of England, uncle to our King. However, it
appears by Sir David Lindsay's Tragedy that the Cardinal
was in Scotland after Queen Magdalene's death, that he
passed again into France, and returned home in company
with Queen Mary. What former gratifications the King of
France bestowed upon the Abbot I cannot tell, but in the
year 1537 he was consecrated Bishop of Mirepoix in that
kingdom on the 5th December ; and by that King's favour
he was made a Cardinal on the 20th December 1538, by the
title of Sancti Stephani in Monte Coslio. And I see in the
Advocates' Library the copy of a grant, dated the 30th
June 1539, for services the Cardinal had already done, and
which he might afterwards do, to his Majesty, allowing his
heirs to succeed to his estate in France, although the said
heirs should be born and live within the kingdom of Scot
land, and though they should have no particular letter or
act of naturalization in France. And this new grant, that
King says, is in consequence of a former one in November
1537, by which the Abbot was allowed to hold benefices, ac
quire lands, nobility, &c. as a native of France. Thus it is
certain that Mr Beaton was raised to the dignity both of
Bishop and Cardinal, by the means of the King of France.
But the Cardinal, knowing that his uncle, the Archbishop of
St Andrews, could not live many years, by reason of old
age, and that the King's favour to both might make him
hope to become his uncle's successor, he determined to re
turn to Scotland, where, soon after his arrival, he obtained
an entire management of his uncle's Diocese and Primacy,
having been made Coadjutor of the Archbishopric of St
Andrews ; and being recommended by his uncle to the King
sometime before his decease, the King agreed, and his nomi
nation to that Primacy was confirmed by the Pope. Upon

112 THE HISTORY OF THE AFFAIRS [1546.
the death of King James, the Cardinal was proclaimed prin
cipal Administrator of the kingdom ; but in a few days he
was forced to quit that office to the Earl of Arran, by whom
the Cardinal was sometime after shut up in prison, for his
vigorous adherence to the French interest against that of
England, in the disposal of our infant Queen. Yet he
managed matters so, that in a few months he not only got
out of prison, but gained an entire command of that Earl,
turning him from the English to: the French alliance ; was
by his Lordship made Chancellor of the kingdom ; and pre
vailed with him so far as to solicit at Rome for his being
made Vicar, or Legate a Latere,1 for the Pope in the kingdom
of Scotland, as an additional lustre to his former dignities.
After this account of our Cardinal,2 I suppose I need say
little concerning the qualifications of his mind. He was un
doubtedly a man of great parts and dexterity. It were to
be wished, the same praise could be given him with respect
to his morals. Mrs Marion Ogilvy, a daughter of the pred&-
cessor of the Earls of Airlie, bare him several children; some
of whose descendants, both of the male and female line, are
known to be persons of good note in our country to this
day.3 As several of our Nobility found it their temporal
1 The original Bull, constituting him Legate a Latere, is to be seen in the
Appendix of Bishop Burnet's 2d volume of the History of the Reformation.
It bears date 30th January 1543, but this seems to be a mistake in the
transcriber or printer for 1544, for I do not remember that by the Roman
account the year did commence at any other time than the first of January.
That it was in the year 1544, appears not only by the addition of Pontifi-
catus nostri anno decimo, that Pope being created 12th October 1534, but
also by a letter of the Earl of Arran to the same Pope, dated at Stirling
30th March 1544, wherein he takes notice that that jurisdiction was grant
ed the 1st of February, which doubtless was the February immediately
preceding. 2 We had never but one other Cardinal in this kingdom, viz. Walter
Wardlaw, Bishop of Glasgow,, a worthy "Prelate in the reign of King
Robert II.
3 [This lady, who was the mother of Margaret Beaton, whom the Car
dinal married to the eldest son of the Earl of Crawford, as stated in a pre
ceding note, is generally alleged to have been the daughter of Sir James
Ogilvy of Airlie, created Lord Ogilvy in 1491, by his second wife Lady
Mary Douglas, daughter of Archibald fifth Earl of Angus. Although
Bishop Keith censures the Cardinal's morals, it is only fair to notice that
some have contended that he was married before he entered into holy or
ders, and that his children were consequently born in lawful wedlock ; but
this is not supported by legal evidence. On the contrary, in all the docu
ments in which his sons and daughters are mentioned, they are expressly

:M

1546.] OF CHURCH AND STATE IN SCOTLAND. 113
interest, as much as their spiritual, to sway with the new
opinions as to religious matters ; so the Cardinal found it his
interest to bear down the same with all his might. For this
purpose he, in all his administration, both ecclesiastic and
secular, treated the preachers and their abettors with great
severity ; that being, as he thought, the surest method to
suppress the growing evil. And what might have proved to
be the issue of such procedure, had he enjoyed his life for
any considerable time, I shall not pretend to judge. Only
this seems to be certain, that by his death the reins of the
Government were much loosened, and some persons came to
be considerable soon after, who probably, if he had lived,
had never got the opportunity to perpetrate such villanies,
under the cloak of religion, as it is certain they did, he
being at least no less a statesman than a clergyman.1
designated natural, or illegitimate. The traditions of the district stoutly as
sert the Cardinal's irregularities. " The name of Cardinal Beaton," says
Mr Chambers in his Picture of Scotland, vol. ii. p. 234, " is associated in a
way not very flattering to his memory with many of the old to wers in Angus
[Forfarshire.] He is well known to have had six illegitimate daughters,
besides sons, almost all by different mothers ; but the number of his mis
tresses would appear to have been perfectly enormous, if we could trust
the peasantry, who point out almost half the castles in the county as the
residence of those various gentlewomen. It would appear that the Car
dinal, according, no doubt, to the spirit of the times, concerned himself
very little about the concealment of these breaches of decorum, since in
1545 he passed to Finhaven, and there, in a style of the most ostentatious
magnificence, married one of his daughters to the Master of Crawford."
Three of the Cardinal's sons were legitimated, according to the Scottish
law, during his lifetime. These were James, Alexander, and John Beaton,
and in the act of legitimation they are styled the " natural sons of the right
reverend" &c. Alexander Beaton entered the Church, and was appointed
Official of Lothian, but it is singular that he afterwards became a Pro
testant. His descendants, and those of his brothers, are in the county of
Fife at the present time." — E.]
1 [Cardinal Beaton was one of the greatest men that Scotland ever pro
duced, and he was certainly the most distinguished person of his time in
the kingdom. He possessed the highest abilities, great eloquence, and was
of a remarkably dignified, elegant, and winning appearance. It is worthy
of notice that scarcely one of the perpetrators of the barbarous and bloody
murder of the Cardinal died a natural death, and the people loudly con
demned it, for the Cardinal was popular with them. Norman Leslie, the
only one of them who evinced signs of repentance, and who, according to
Bishop Lesley of Ross, endeavoured to make all the reparation he could
to the Cardinal's family, was killed in France. Kirkaldy of Grange was
hanged at Edinburgh, and the deaths of the other three were equally
violent. — E.] 8

114 THE HISTORY OF THE AFFAIRS \ [1544.

CHAPTER V.
CONTAINING AFFAIRS OF STATE FROM THE DESCENT MADE BV
THE ENGLISH NAVY, ANNO 1544, UNTIL THE ADVANCEMENT
OF THE QUEEN-MOTHER TO BE REGENT OF THE KINGDOM,
ANNO 1554.
In the preceding chapter of State Affairs, I have shewn how
the treaties depending with England had been annulled;
and as it was natural for the Government of Scotland to look
for new resentments from the King of England, considering
what he had practised during the course of these treaties,
or rather after they had been concluded, so it was necessary
our Government should provide all they could to make head
against such designs. In consideration of which, despatches
were sent during the winter season, and in the spring follow
ing, requesting succours from the Pope, the Kings of France
and Denmark ; nor did the Government omit to endeavour
an amicable composure of affairs with the King of England,
by offering a new treaty. But notwithstanding all their
precautions, they were anticipated by the fury of that King,
whose armies, both by sea and land, were ordered to invade
Scotland betimes in the year. To this purpose Edward
Seymour Earl of Hertford, afterwards Duke of Somerset, and
uncle to the Prince of Wales,1 was constituted Lieutenant-
General of the North, and appointed to conduct the land
forces, consisting of 10,000 men,2 to be embarked aboard a
navy of 200 ships, lying at Tynemouth, and commanded by
¦ Dudley Lord L'Isle,3 then Lord Admiral of England. This
1 [Afterwards Edward VI. The Protector Somerset, by which title he
was subsequently known, was Sir Edward Seymour, elevated to the Peer
age as Baron Beauchamp in 1536, created Earl of Hertford in 1537, and
Duke of Somerset in 1547. In the same year he was appointed Protector
and Governor of the King and his Realm of England. After reaching the
summit of his ambition, and swaying his nephew's sceptre for two years
with unlimited authority during his minority, he was brought to the block,
and beheaded on the 22d of January 1 552, by the influence of Dudley Earl
of Warwick and Duke of Northumberland, one of his most influential
councillors. — E.]
2 Some of our historians say they were near 20,000.
3 [John Dudley, Lord LTsle, was the Earl of Warwick and Duke of

1544.] OF CHURCH AND STATE IN SCOTLAND. 115
fleet appeared in the Frith of Edinburgh on Saturday the
3d day of May 1544 ; and having landed the army a little
above Leith, they began to commit hostilities in that town.
Hereupon the Governor sent Sir Adam Otterburn,1 Provost
of Edinburgh, to enquire the reason of such threats and
hostilities without a previous declaration of war, and to
offer a treaty for a friendly composing of differences. The
General made answer — That his commission extended to the
burning and laying waste the country, unless the Governor
would deliver the young Queen to his master.2 To this the
Provost replied — That the Scots were resolved to endure the
last extremity, rather than yield to so unjust a demand.
After this, the Governor, finding himself in no condition to
make resistance against so great a force, retired to Linlith
gow ; and the English, after having landed their ordnance,
&c, and being joined at Leith with 4000, our historians say
6000, horse from Berwick, under the conduct of the Lord
Evers, came up to Edinburgh, but were repulsed at the
east gate called the Netherbow, on which they retired to
Leith. That night the inhabitants left the city, and next
Northumberland mentioned at the end of the preceding note. He was the
son of Edmund Dudley, well known, with his colleague Richard Empson,
as the rapacious minister of Henry VII. Edmund Dudley and Richard
Empson became so odious to the English nation that they were both be
headed on Tower Hill on the 17th of August 1510. John Dudley, his eld
est son, was restored to the forfeited honours by Act of Parliament in
the following year. In 1542 he was elevated to the Peerage by the ancient
title enjoyed by the family of his mother, Elizabeth Grey, daughter of
Edward, first Viscount LTsle, by Elizabeth, daughter of John Talbot,
Viscount L'Isle, and was created Viscount L'Isle, and in the same year
he was constituted Lord Admiral of England for life. In this office he
acted most efficiently against both France and Scotland. At the acces
sion of Edward VI. he was created Earl of Warwick, and six years
afterwards Duke of Northumberland. His fate was similar to that of his
patron the Protector Somerset, and he was forfeited, attainted, and be
headed on Tower Hill for high treason on the 22d of August 1553, with
his fourth son Lord Guildford Dudley, who married the equally unfortu
nate Lady Jane Grey, daughter of Henry Duke of Suffolk, by Mary, Queen
Dowager of France, and sister of Henry VIII. — E.]
1 [See the note, p. 41, 42, of the present volume. — E.]
2 I suppose this may be all the ground that Mr Buchanan has for affirm
ing that King Henry sent letters into Scotland full of just complaints,
before he sent his fleet and army. No other author that I know makes
mention of these letters. But- we are sure that a letter was sent by the
Earl of Arran to that King, entreating an accommodation, which see in"
the Appendix, Number VIII.

1 16 THE HISTORY OF THE AFFAIRS [1544.
day the English advanced again, and broke open the ports
with their cannon, and began to raise a battery against the
Castle ; but Hamilton, Laird of Stenhouse, Captain of the
Castle, plied them so close with his great guns, that he soon
dismounted their battery, killed many men, and forced them
to quit their enterprize : whereupon they set themselves to
the burning of the city, which lasted three days. Meantime
the Governor, the Cardinal, the Earls of Huntly, Argyll,
Bothwell, Moray, and others, did all they could to get to
gether an army; and that all party differences might be
buried in a national preservation, the Earl of Angus, his
brother Sir George Douglas, the Lord Maxwell, and the
Lord Kilmaurs, eldest son to the Earl of Glencairn,1 then in
custody, were all set at liberty. The English, after they
had thus burnt Edinburgh, and the Palace of Holyrood
house, retired, and remained at Leith, spoiling the country
for seven miles round, and making pillage of every thing
they could carry to their ships. After which finding that
an army was a-coming against them, they first set fire to
Leith on the 13th of May, then re-embarked so many of their
forces as they thought proper, and on the 15th set sail and
were gone, taking along with them two large ships, the
Salamander and Unicorn, which Mr Stow says were of not
able fairness, besides other merchant ships from the harbour
of Leith ; and as they sailed by the coast, they took out of
every creek or haven all the ships and boats they found in
them. Nor was the land army less cruel and covetous in
their march to Berwick, burning and pillaging Seton, Had
dington, Dunbar, and other smaller villages on the road, " in
a crueller manner," says Lord Herbert, " than became such
as would obtain the favour either of that Queen or country
for their young Prince." Aboard this fleet the Earl of
Lennox sailed into England, as hath been already observed.
This expedition, thus gloriously ended, says the last men
tioned Noble historian, one would think ironically, the King
of England found his main design nothing advanced. He had
done too much for a suitor, and too little for a conqueror.
However, it seems that King pleased himself with this reflec
tion — That seeing he could not obtain, he would study to
1 [Alexander fifth Earl of Glencairn, then Lord Kilmaurs, is the person
mentioned. See the note, p. 88 of the present volume. — E.]

1544.] OF CHURCH AND STATE IN SCOTLAND. 117

and if such violent measures did not procure a
wife to his son, he would at least strive to add a conquest to
his kingdom ; which that he hoped, is plain from the treaty
of marriage mentioned before, betwixt him and the Earl of
Lennox, for his niece, dated June the 26th this year, wherein
he stipulates to constitute the said Earl Governor of Scot
land for the King of England, after he shall become master
of that kingdom. And it was in view of such a conquest,
that soon after this treaty, and the consummation of the
marriage, the foresaid Earl was sent, with eighteen ships,1
and about 600 men, into the Frith of Clyde, for securing to
that king the Castle of Dunbarton, then kept for the Earl
by George Stirling ; for recovering what other places pertain
ed to himself in those parts ; and for harassing and intimi
dating this kingdom all they were able. Mr Stirling at first
received the Earl very joyfully, but how soon he understood
his design of betraying his country into the hands of a
foreign Power, he obliged his Lordship, and the Englishmen
that landed with him, to return to their ships. After this
repulse, the Earl of Lennox sailed back into England, having
in his passage hither, according to Holinshed, burnt and de
stroyed several places along the west coast, and likewise in his;
return skirmished much with the Earl of Argyll, who endea
voured to stop his ships in the narrow part of the Frith. And
that he pillaged and burnt the country, and havocked the Isles
of Bute and Arran, is sufficiently documented by the tenor of
the forfeiture passed against him in Parliament, 1st October
1545 .2 These things fell out in the month of August 1545.
The King of England had crossed the seas, and landed at
Bologne in France, in the month of July ; and thither the
Governor of Scotland, considering the many inroads the
English made upon our Borders, had sent Sir George Mel-
drum of Fyvie in Aberdeenshire, ambassador to that King,
to demand a truce, until such time as commissaries from
both kingdoms could meet on the Borders in order to settle
their matters. To this King Henry consented, and granted
1 Epist. Reg. Scot. vol. ii. p. 218.
2 [The process or summons of treason against Matthew Earl of Lennox
was brought before the Parliament held at Edinburgh on the 2d of Sep
tember 1545. The Parliament was adjourned to Linlithgow, where it met
on the 28th of that month. On the 1st of October three Acts were passed
affecting the Earl of Lennox. — ActaParl.Scot.folio,vol.ii.p.452,456. — E.]

118 THE HISTORY OF THE AFFAIRS [1545.
a truce ; but notwithstanding thereof, after his return into
England in the month of October following, he sent the
Earl of Lennox, the Lord Dacres, and Sir Thomas Wharton,
with forces into Scotland ; who carried all before them, and
drove away much plunder without resistance. These suc
cesses so puffed up the English, that some of their principal
men made a second inroad into Scotland during the winter,
to the no small desolation of our southern provinces. This
still emboldened them more and more, so that, in the spring
following the same persons made us a third visit ; at which
time they found to their cost, success is not always to be
relied upon ; for now the Governor, the Earl of Angus, and
others of the Nobility, being gathered together, with about
6 or 800 men, entirely routed the English, to the number
of at least 5000, at Ancrum,1 on the 17th day of February
1544-5, with the loss only of two or three private men. But
Bishop Lesley says, that our soldiers were much too cruel
against the English in their flight ; so as he takes notice,
after that day we had never any tolerable success.
About the middle of the month of May 1545, or thereby,2
1 [The battle of Ancrum was fought in the parish so called, in the
county of Roxburgh, near Jedburgh, about a mile and a half north of the
village of Ancrum, on Ancrum Moor. The English were commanded by
Sir Brian Laton and Sir Ralph Evers, and the Scots by the Earl of Angus,
known by the soubriquet of Bell-the-Cat. It is traditionally said that the
Scots, almost overpowered by the English, who were far superior in num
bers, were about to give way, when they were rallied by a young female
named Lilliard, who is supposed to have followed her lover into the battle,
and fell covered with wounds and dreadfully mutilated. A stone com
memorated this event on Ancrum Muir, on which was recorded a doggrel
inscription in rhyme, that "under it was buried the fair maiden Lilliard,"
who " upon the English loons had laid many thumps," and " when her
legs were cut off she fought upon her stumps." This stone, which had
almost disappeared by the depredations of relic-hunters, is now replaced
by a new one. The people hold the spot where the " fair maiden Lilliard"
is supposed to be interred, in great veneration.- — E.]
2 Though our historians, both Scottish and English, differ widely con
cerning the time of this gentleman's arrival, yet it must have been at the
time I here assign, because the Act of Council here mentioned takes notice
of him as being laitlie arrimt with his cumpany. See the Act in vol. ii.
Epist. Reg. Scot. — [On whatever day Captain Lorge Montgomery arrived,
we know that he was at Stirling when the Convention of Estates was held
there on the 26th of June 1545. On that day an Act was passed " anent
the proposition made by Monsieur Lorge sent from the King of France with
ane support of men of war for the defence of the realm ;" and on the 28th
of June was passed an " Act anent Monsieur Lorge, and appointing the form
and manner of the war."— Acta Pari. Scot, folio, vol. ii. p. 594, 596.— E.J

1545.] OF CHURCH AND STATE TN SCOTLAND. 119
arrived in Scotland Captain Lorge Montgomery, Knight of
the Order of St Michael, with about 3500 men from the
King of France, as a supply to support us against the pre
vailing power of England. Soon after whose arrival, viz.
7th June, the Lord Governor and Council ordained letters
to be directed to all Prelates, Earls, Lords, and great Barons
of the realm, to assemble at Edinburgh on the 23d of the
same month for their advice and counsel. And on the 28th
of the same month, the Lord Governor and Lords of Council
ordain letters to be directed to all sheriffs, &c. by open pro
clamation to command and charge all the lieges, between
sixty and sixteen, to convene at the moor of Roslin on the
28th of July,1 in order to pass forward with my Lord Gover
nor to the Borders, for defence of the realm, and resisting
of our auld inymyis of England? In compliance with this
Act an army of 15,000 Scots, as our Historians say, march
ed together with the French auxiliaries to the Borders of
England, but I find no material thing performed by them.
After that this army had broken up, and had returned home,
the Earl of Hertford gathered together about 12,000 men,
and entered Scotland, and did great mischief in our Borders
as far as the Merse and Teviotdale, and then retired. In
the beginning of the winter Mons. de Lorge returned into
France ; and the Parliament of Scotland being met at
Linlithgow, and taking under their consideration the la
mentable condition of the Borders, did, on the 2d day of
October, appoint 1000 horsemen to be hired for lying there
during the remaining part of winter, after the 15th day of
that month, to secure the inhabitants of those countries and
their goods from the incursions of the English ; and the
Parliament ordered the sum of L.16,000 to be levied from
the Spiritual and Temporal Estates, and the Burghs, ac
cording to the old taxation, for the maintenance of the said
horsemen ;3 which precaution, as far as I can perceive, put a
stop to the Border depredations for that year.
1 [This act is signed — Marie R., James G[ubernator] D[ominus]
Cardinally Cancellarius, Archd. Erle oe Angus, G. Erl of Huntley,
A. Erle oe Ergyll, Erle Bothwel, Rothess. Acta Pari. Scot, folio,
vol. ii. p. 596.— E.]
2 Records of Parliament and Council. — [Acta Pari. Scot. Appendix,
vol. ii. p. 595, 596.— E.]
3 Ibid. — [Acta Pari. Scot. vol. ii. p. 460. On the 3d of October collectors

120 THE HISTORY OF THE AFFAIRS [1545.
Before I enter upon the new scene of affairs which the
next summer presents us with, it is proper to take a view
of what other things fell out in the State, during the pre
ceding space. The Queen-Mother had still retained in her
mind a grudge against the Governor, and therefore she, with
some Lords of her faction, having the young Queen in their
hands at Stirling, caused proclaim a Parliament to be holden
in that town the 12th of November 1544, in the meantime
suspending the Governor from the administration of his
office, and summoning him to appear before them. The
consequence of which was, that in the Parliament1 holden
at Edinburgh by the Governor in the said month of Novem
ber 1544, there is an act dated the 7th day thereof, declar
ing the pretended Parliament at Stirling to be null, and of
none avail, force, or effect, and all persons are prohibited to
concur with the same, under pain of treason. And on the mor
row the Earls Marischal and Montrose, the Lords Seton and
Sempill, and Sir James Lermonth of Balcomie, are sent to
Stirling by the Governor, at the request of the Parliament,
to notify to the Queen-Mother and Lords with her what
had passed in Parliament, and to endeavour an agreement,
according to the instructions to be given them ; and in case
the Queen and Noblemen with her shall not think fit to
come into measures of concord, then the Parliament imme
diately declared that they will stand by the Governor, and
defend him in his authority to the utmost of their power :
were appointed to receive the tax ; on the 4th a " Band by the Lords and
other gentlemen of the Merse and Teviotdale for resisting to thieves and
robbers" was ratified ; and on the 5th were passed " Acts " anent the di
viding, laying, and ordering, of the horsemen upon the Borders," and
" anent the inbringing of the tax." Acta Pari. Scot. vol. ii. p. 460, 461,
462, 463.— E.]
1 The Brief Account at the end of Sadler's Letters makes but 35 mem
bers to be present in this Parliament, whereas there are 38 marked in the
Rolls. I suppose the author observed this, to shew the small number of
members present in the Parliament at this time ; but certainly, whoever
shall inspect the Rolls of Parliament, will not find the difference to be
very great, considering also that there must have been some Lords with
the Queen at Stirling. — [The names of thirty-nine persons, including the
Regent Arran, appear on the roll as present in this Parliament, which
was held at Edinburgh on the 6th of November 1544. It was attended
by the Cardinal and the Bishop of Galloway, and seven Abbots and Priors,
four Officials of State, two Earls, six Barons, four of the eldest sons of
Earls, three of the minor Barons, and eight Provosts of as many cities and
towns. Acta Pari. Scot, folio, vol. ii. p. 445, 446. — E.]

1546.] OF CHURCH AND STATE IN SCOTLAND. 121
and moreover, the same day they passed another Act, which
was instantly proclaimed at the Cross of Edinburgh, sum
moning all persons presently within that city, or that shall
happen to come into it, and all manner of man that dwells
within the Sheriffdom of Lothian, to meet the Lord Governor
at that city on Monday the 10th of the said month, with
four days victuals, to pass forward with his Grace, under the
pain of loss of life, land, and goods.1 These vigorous reso
lutions having been communicated by the foresaid Lords
Commissioners to the Queen-Mother, had probably the effect
which the Parliament designed, since we hear no more of
these matters.
I now proceed to the history of the year 1546, which,
as I have before hinted, opened a new scene of affairs in
this kingdom by the inhumane murder of Cardinal Beaton.
Whether any such thing had been whispered about upon
the apprehending of Mr Wishart, or that the Government
was only suspicious of new troubles from England, I offer
not to guess. But upon perusal of the Public Records, I
find the Parliament, on the 4th day of February preceding
the murder, to be adjourned in the following particular
manner, viz.
" The quhilk day, forsameikle as it is understood to my
Lord Governor and three Estates of Parliament, that there
is divers great matters occurrand and may occur, and the
decision thereof cannot be guidlie treated but in face of
Parliament, because it is uncertain when sic besynes shall
happen : therefore it is thought expedient by my said Lord
Governor and three Estates foresaid, that this present Par
liament run still over but2 any particular continuation, aye
and while the same be dissolved by my said Lord Governor,
conform to the acts made thereupon of before."
Some persons have affirmed to me, that there are papers
to be seen in the Tower of London which can serve to in
struct, that some of those concerned in this murder were
set on and bribed to it by the Court of England ;3 and the
1 Records of Parliament, and Epist. Reg. Scot. vol. ii. p. 316.— [Acta
Pari. Scot, folio, vol. ii. p. 448.— E.] 2 [Without.— E.]
3 [All this is now completely proved. See Tytler' s History of Scotland,
and other Works. — E.]

122 THE HISTORY OF THE AFFAIRS [1546.
Prefacer to the History of the Campaigns 1548 and 1549
says,1 that this is made out by two original letters yet ex
tant. It is much to be wished he had informed us where to
find them ; or that such persons as are said to have re
covered copies of them, would afford the world the satisfac
tion of seeing so remarkable a piece of history cleared up.
Perhaps, indeed, several persons maybe ready enough to give
into the belief of such management by King Henry, who was
not reckoned to have been over nice in matters of conscience ;
and especially when he was in such a chaff at the misgiving
of his projects upon this kingdom by means of the Cardinal,
that he advertised Mr Sadler to attempt the getting into
his hands, and sending prisoners into England, the Cardinal,
the Lord Governor, and the young Queen. But though we
can say nothing particularly as to the matter in hand, yet of
this we are certain, that no sooner was the murder commit
ted, but a close correspondence was settled betwixt that
Court and the murderers ; notwithstanding that in a treaty
of peace betwixt the Kings of France and England, con
cluded the 7th of June that year, in the open field near the
village of Campenston in the neighbourhood of the town of
Ardres in Picardy, the Scottish nation is comprehended ;2 the
King of England obliging himself not to wage war against
us, unless new occasion be given him. Thirty days were
allowed to the King of France to make notification of this
Peace and Comprehension to the Government of Scotland.
And on the 14th of August thereafter, there is an Act of our
Parliament, accepting of the said Comprehension ; and the
peace betwixt the two nations was proclaimed through all
the Borders of this realm. But it seems the King of England
altered3 his mind, after his hearing of the Cardinal's death ;
1 [This reference is to a note in the Preface, p. xlix. to Dr Abercromby's
translation of Monsieur Beague's " History of the Campaigns 1548 and
1549, between the Scots and French on the one side, and the English and
their Foreign Auxiliaries on the other," Edinburgh, 8vo. 1707. — E.]
2 Foedera Anglise. — [Rymer's Foedera, folio, 1713, vol. xv. p. 98. — E.]
3 Or rather it is certain that King Henry had never any real will to
grant any such Comprehension, though it seems the necessity of his affairs
and the peremptoriness of the Court of France, obliged him to accept of
it as an article of the Peace. For in a letter to his ambassadors sometime
before the concluding of the peace, we find him expressing himself in the
following manner : — " And touching the Comprehension of the Scots, our
pleasure is that you shall travell as earnestly as you may, to have this

1546.] OF CHURCH AND STATE IN SCOTLAND. 123
for the same day that the Act of Acceptance was past in
our Parliament, we find in the Registers, Instructions to be
sent to the ambassador of France, then at the Court of
England, desiring him to complain that the wardens for that
crown upon the Borders had made proclamation of an absti
nence from war during the King of England's pleasure only;
as also, that even after the said proclamation, divers incur
sions had been made within this realm by Englishmen.
Likewise the foresaid French ambassador is requested to
desire the King of England, that he will not suffer any
traitors of the realm of Scotland, and especially the murder
ers of Cardinal Beaton, to be received, maintained, helped,
nor supplied within his realm. Instructions to the same
purpose were drawn up, and given to our ambassadors who
were to be sent sometime after this to the King of France.
And because our Government had certain advertisement that
the King of England intended to send an army into Scot
land in the month of February following, our said ambassa
dors had it in their Instructions, to press the King of France
to send us assistance of men, money, arms, and engines,
before the 15th of that month. I lay these things together,
only to show by authentic documents, what the behaviour
of the King of England was towards our nation in a time of
peace, then in much perplexity by the murder of Cardinal
Beaton, who though he was not the Governor of the king
dom, yet undoubtedly had in his hands the direction of all
our principal affairs. And because his death did bring upon
the State much disturbance, both from the abettors of it at
Truex concluded, without any comprehension of them, whom we wold
most gladely, and think it necessary, to be left out ; for without that this
Truex, serving the French King to many purposes, should be to us every
way overmuch prejudicial ; and therfor lykas we for our parte can be
pleased to conclude this Truex generally with them, without comprehen
sion of any States or Princes, so we think it reason that they shall con
clude with us after the like sorte, for it hath not ben seen in any Treaty
of Truex that we have made with any Prince in all our tyme, that any
other Prince hath byn comprehended.
" And further, you may also declare to th' Ambassadors, as wel French
as of the Protestants, how that by such Treaties of Amitie as be betwene
us and our good brother th' Emperor, we may not in any wise compre
hend the Scots in this or any other Treaty of Truex or Peace." — Foedera
Angliaj. An original. — [Rymer's Foedera, folio, 1713, vol. xv. p. 82, 83.
Acta Pari. Scot, folio, vol. ii. p. 465. This order was, however, ratified
on the 15th of March, and not on the 14th, as stated by Bishop Keith. — E.]

124 THE HISTORY OF THE AFFAIRS [1546.
home, and from the King and Government of England, it will
be necessary here to narrate distinctly what fell out in this
kingdom, after the commission of that inhumane barbarity.
Immediately after the murder, the perpetrators thereof
shut up the gates of the castle of St Andrews, being re
solved to make the best of it against the Government ; and
that odious fact being noised abroad, several of those that
affected a different way of worship from the Cardinal, repaired
thither, and entered the castle, to the number of about
140 persons, being determined to venture their lives in the
quarrel. The first thing the Court set about was to make a
new Chancellor in place of the deceased ; and the choice
fell upon the Earl of Huntly, quha, as the Register of Coun
cil bears, acceptit the said office in and apoun him.1 And
the same day, being the 10th of June, the Great Seal was
appended by the new Chancellor at Stirling to a summons
of treason served against the murderers,2 citing them to
1 By this the reader will observe a mistake in the formerly mentioned
author of the Brief Account, &c, who, p. 451, tells us — " That Cardinal
Beaton came into the Chancellor's office in a very haughty manner, for
both before and since that time, when any alteration was made in that
high office, the Records bear such a person to have been made Chancellor,
but such was the pride and ambition of the Cardinal, that it is entered in
the Records of Parliament, that he accepted the office upon him at the
desire of the Governor and the Estates." I hope this hath been only a
mistake, and that this author had no sinister intention therein. — [George
fourth Earl of Huntly, the successor of Cardinal Beaton as Lord Chancel
lor of Scotland, was one of the chief commanders at the battle of Pinkie,
where he was taken prisoner. He was killed at the battle of Corrichie
in 1562.— E.]
2 The persons contained in the summons were these, viz. — Norman Les
lie, Fear of Rothes, Peter Carmichael of Balmadie, James Kirkaldy of
the Grange, William Kirkaldy, his eldest son, David Kirkaldy, his brother,
John Kirkaldy, Patrick Kirkaldy, George Kirkaldy, brother to the said
James Kirkaldy of the Grange, Thomas Kirkaldy his son, John Leslie of
Parkhill, Alexander Inglis, James Melville, elder, John Melville, bastard
son to the Laird of Raith, Alexander Melville, David Carmichael, Gilbert
Geddes, younger, Robert Moncrieff, brother to the Laird of Tibbermello,
William Simpson, Alexander Anderson, David Balfour, son to the Laird
of Mountquhanny, Thomas Cuningham, Nicol Hart, William Guthrie,
John Sibbald, brother to the Laird of Cookstoun, Peter Carmichael, Wal
ter Melville, younger, Sir John Auchinleck, chaplain, Nicol Lermonth,
Sir John Young, chaplain, David Kirkaldy, cook, Ninian Cockburn, John
Poll, gunner, William Orrock, John Rollock, and Andrew Tanzow. — [The
name of " Sir" James Lyell, chaplain, is inserted, but was deleted. " Sir
John Young's" case was removed to the Commissary of the Vicar-General
of St Andrews at Edinburgh, at the instance of " Sir John Castellaw,"

1546.] OF CHURCH AND STATE IN SCOTLAND. 125
compear before the Parliament on the 30th of July, within
the city of Edinburgh. Next day, the Council issued out
an order, discharging all persons to correspond with the
murderers of the Cardinal, or furnish them with eatables or
implements of war, under the pain of death, forfeiture, &c.
On the 29th of July the Parliament met, and continued the
summons of treason until the 4th of August following.
Upon perusal of the Registers it appears, that Norman Leslie,
James Kirkaldy, Peter Carmichael, and John Leslie, had
offered to the Government and Estates of Parliament a con
fession of all things relating to the murder, and to deliver
up the Governor's eldest son, whom they had found in the
castle of St Andrews ; as also the said Castle, upon con
dition that they have granted them a Remission under the
Great Seal. To these offers the Governor and Estates gave
ear, but the Archbishop of Glasgow protested that no
remission should be allowed them, unless they first obtained
an absolution from the Pope, for the murder committed by
them. The Chancellor likewise protested, that in case the
said Norman Leslie and his colleagues fulfilled not the
articles promised by them, the Remission should be null in
itself, and of no avail. It appears likewise from the Regis
ters, that the foresaid persons began very early to flinch
from these their proposals, notwithstanding that their re
mission was agreed to by the Governor and Estates ; and,
therefore, when the Parliament met again on the 14th of
August, the Remission is ordered to be destroyed, and all
the articles relating to that affair, if inserted in the Books
of Parliament, to be revin and tane furth thairof, swa that
na memoir be of the samyn in tyme to cum. Also the same
14th day the Parliament past another Act, excluding the
Governor's eldest son — the Cardinal, it is said, had detained
this gentleman as a pledge of his father's good inclinations —
from all right of succession, either public or private, and
substituting his other sons to the said succession, according
to their age, so long as his eldest son shall be detained
prisoner. The same day also the summons of treason
against the murderers, after several continuations, being
called, and none of the persons therein mentioned appear-
chaplain, and Commissary specially constituted by the said Vicar-General
of St Andrews. Acta Pari. Scot, folio, vol. ii. p. 467, 468.— E.]

126 THE HISTORY OF THE AFFAIRS [1546.
ing, they were all declared guilty of high treason, and their
lands and goods forfeited, except Norman Leslie, whose
doom was delayed till the 16th day of the month, perhaps
some compliance having been expected from him, but was
then pronounced against him. On the 11th June the Earl
of Angus, who had already fought very valiantly against the
English at Ancrum Moor, and the Earl of Cassillis, the
Lord Maxwell, and Sir George Douglas, approved in Coun
cil the act of Parliament, December 1543, for dissolution
of the treaties made with England, and discharged all bonds
made by them to that King. On the 21st August, the
Council ordains all fencible men, of whatever rank, within
the Sheriffdoms of Lothian,1 Haddington, Linlithgow,
Stirling, Perth, Strathearn and Monteith,2 to be at St
Andrews, well bodininfeir of weir, on the 29th of the same
month of August, for commencing the siege of the Castle
thereof. The Governor assisted at the siege in person, and lay be
fore the Castle till towards the end of December, but with
very small success, the Castle being strong, and the passage
to it open by sea, by which means the besieged received
victuals and supply from the King of England, to whom
they had obliged their faith for defending the Castle, main
taining the contract of marriage betwixt our Queen and his
son, and for detaining the Governor's son their prisoner.3
Therefore the Governor, perceiving the improbability of gain
ing the Castle, even by way of famine, and the besieged
shewing some desire of being restored to the peace, the
Council took under their consideration the bad consequences
that might accrue, if the besieged should yield up the Castle
and the Governor's son to the English ; and so consented
to an act, on the 17th December, empowering the Governor
to treat with the besieged, and to give and receive hostages
for the mutual performance of what shall be stipulated in
the future appointment. It was about a month after this,
according to some of our historians, that the following arti
cles were condescended upon, viz :
1 [The county of Edinburgh, or Mid-Lothian. — E.]
2 [Strathearn and Monteith are districts in the county of Perth which
have long ceased to be legally or politically recognized. — E.]
3 Foedera Anglise. — [Rymer's Foedera, folio, 1713, vol. xv. p. 131-134,
144, 145.— E.]

1546.] OF CHURCH AND STATE IN SCOTLAND. 127
" I. That the Government should procure unto the besieged
a sufficient absolution from the Pope, for the slaughter of
the Cardinal ; and that they should not be pursued by force
until the said absolution be obtained.
II. That the besieged, nor any belonging to them, shall
never be prosecuted at law for the slaughter aforesaid ; and
that they shall enjoy all commodities, spiritual or temporal,
as freely as if it had never been committed.
III. That the besieged shall give pledges for surrendering
the Castle how soon the absolution is brought from Rome,
and delivered unto them ; and that for surety of those
pledges, the besieged shall in the meantime retain in their
custody the Governor's son."
It is confidently reported, and indeed seems to be true,
that neither party had any real design to implement these
articles ; but that they rather entered into them merely to
protract time, until they should receive succours from their
respective friends in France and England.
As the besieged, notwithstanding their pretences to a
more pure worship, had during the siege lived in much de
bauchery within the Castle, so now, after they had got
this respite, and were out of all fear of an enemy, they did
not only make frequent excursions into the neighbouring
parts, and commit depredations with fire and sword ; but, as
if the liberty got by their arms were to be spent in whore
doms, adulteries, and such like vices, they ran into all the
wickedness which idle persons are subject to, and they
measured right and wrong by no other rule than their own
lust. But much of their expected supply from England was
frustrated by the decease of King Henry VIII., who died
the 28th of January 1546-7 ; and Francis King of France
died likewise on the 30th day of March thereafter.
About the beginning of the month of June, the absolution
stipulated to those within the Castle arrived from Rome ;
whereupon they were required to fulfil the capitulation. But
they excepted against it, because of those words contained
in it, viz. — Bemittimus crimen irremissibile, i. e. We pardon
this unpardonable crime ; " for," said they, " if our crime is
unpardonable, then we have no security by this absolution,
since it is in itself null, if the crime committed by us cannot
be pardoned." It was answered — That the clause was insert-

128 THE HISTORY OF THE AFFAIRS [1547.
ed only for aggravating the crime ; and that the absolution,
notwithstanding thereof was sufficiently valid. However,
the besieged would not be satisfied ; but complaining that
promise was not kept to them, they resolved to stand to
their defence ; in hopes, no doubt, that the succours, which
they knew were preparing in England, would arrive in
time for their support : for King Henry at his death had
recommended the prosecution of the war with Scotland, and
the counsellors of the young King Edward VI. were making
vigorous preparations for it.
Of these transactions in England, and of their intention
to invade this kingdom both by sea and land, and, as the
Register bears, to do na less nor thai may to subdew the
samin, our Government was fully apprised ; and, therefore,
on the 19th March, the Council caused to be proclaimed
through all the kingdom — That all the lieges be in readiness,
on forty days warning, to come with victuals for one month,
to whatever place shall be assigned for the rendezvous. And
on the 25th of May, another order was emitted, for setting
up fires, as beacons, on all the high hills from the coast to
wards Stirling, where the Court lay, how soon any fleet from
England should appear ; and if the fleet happened first to
be seen in the day time, that post-horses should be in readi
ness for advertising the Governor; and that all fencible
men, between sixty and sixteen, be charged at the market
crosses of the towns of Dunbar, North Berwick, Hadding
ton, Edinburgh, Linlithgow, Stirling, Lauder, Selkirk, and
Peebles, to repair to the city of Edinburgh, well boddin in
feir of weir, at the first notice of the English ships, to assist
the Governor in the defence of the realm, who on his part
declares — That he will wair his life thairupoun, with the lielp
of God, the Noblemen and subjectis of the samin. And that
I may not be obliged to re-assume the consideration of this
affair, but give the reader at once a view of the care of our
Government against the preparations made by the English,
on the 1st day of July, the Privy Council and most part
of the Nobility being assembled, a proclamation was or
dered out, commanding all the lieges throughout the king
dom, betwixt sixty and sixteen, to convene on the 1st of
August, as they shall be charged and advertised at eight
days warning.
All our historians agree, that the Governor had gone to

1547.] OF CHURCH AND STATE IN SCOTLAND. J 29
the Borders with a competent army, to drive the English
from out the Castle of Langhope, pertaining to the Lord
Maxwell, and from other places which they had formerly
seized upon ; and that while he was there, advertisement
was brought him, in the end of June, that a French navy
was arrived on the coast. The Governor hasted to St
Andrews, where the navy had landed, consisting of sixteen
galleys, commanded by Leon Strozzi,1 Knight of Malta, Prior
of Capua, and Captain- General of the Galleys of France.
There, by their joint advice, the Castle was besieged. Mr
Knox, who was in the Castle, informs us that the siege was
not fully formed, both by sea and land, till the 23d of July,
though immediately upon arrival of the ships, they began to
fire against it by sea ; and for the first three weeks he says
those within the Castle had many prosperous chances. But
their hopes and success soon dwindled into nothing, how
soon the great battery began to play, which was early in the
morning the 30th of that month, when such a breach was
made in the wall that same day, being Saturday, as en
couraged the besiegers to prepare for an assault ; which,
when the besieged perceived, they offered to treat, and ren
dered the Castle to the Prior of Capua, because they would
not acknowledge any lawful magistrate within the kingdom
being a native. What these men, or Mr Knox who relates
it, could mean by their knowing no lawful magistrates then in
Scotland, is no easy matter to guess, unless it be that a law
ful magistrate falls from his office and right, whenever they
are displeased with him. The conditions of surrender were
these, viz :
" I. That the lives of all within the Castle shall be saved.
" II. That their persons shall be transported into France.
1 Though Lesley calls him Peter, yet his Christian name was certainly
Leon, for I have seen an old French copy of the circumnavigation of the
coasts and isles of our kingdom performed by King James V., which was
published first at Paris, in French, about the year, as I remember, 1586, by
one Arfeville, chief Cosmographer to the French King ; and in his Preface
he tells how that he sailed in this fleet, commanded by Leon Strozzi, Prior
of Capua, and Captain-General of the Galleys of France. The fleet, he
says, consisted of 16'galleys, and other forces : and he adds, that the be
sieged beat a parly immediately after a breach was made in the wall, and
before the assault was given. There was another Peter Strozzi in the army
commanded by Mons. de Desse, 1548 and 9. 9

130 THE HISTORY OF THE AFFAIRS [1547.
"III. That if they like not the entertainment they shall
meet with in France, in that case they shall be conveyed at
the expence of that King into any other country they please,
Scotland only excepted."
By this surrender of the Castle of St Andrews the
Governor received his son ; and the French galleys having
got much spoil within the Castle, where all the late Cardi
nal's treasure was lying, put to sea again four or five days
after, and the Castle was by Act of Council demolished.
Some of the prisoners were kept all the winter following in
the galleys ; of which number was Mr John Knox, who tells
us, that in July 1550 all the prisoners were released by the
intervention of the Queen Dowager.
In the beginning of September the Duke of Somerset,
Treasurer, Earl Marshal, Lieutenant- General, and Lord
Protector of England in the minority of Edward VI., and
that King's uncle, entered Scotland with a well appointed
army of about 18,000 men, whilst a fleet of about sixty sail
of ships arrived also on our coast about the same time, one
half of which were ships of war, the rest were filled with
stores, ammunition, and victuals. At his advance he found
the Scottish army very numerous, and well prepared to re
ceive him ; upon which account, we are told, that before
the ensuing unhappy battle was fought, he1 wrote a letter to
the Governor of Scotland, in which he declared his earnest
desire to have matters amicably accommodated, and for that
end consented that our Queen should remain within Scot
land until she were fit for marriage ; and further declared,
that provided the Scots would agree to this, he would pre
sently withdraw his forces, and compensate all the damages
he had done since he came into Scotland, as they should be
valued by indifferent persons. But the Governor, as it is
said, communicated these letters only to his brother, for
merly Abbot of Paisley, but now Archbishop of St Andrews,
and two or three other favourites, who all advised him to
suppress the same, and to give out that they contained only
threatenings from the English to take away the Queen by
force, and to reduce the country by arms to their own sub-
1 He refused to decide the quarrel by a single combat offered him by
the Earl of Huntly at this time.

1547.] OF CHURCH AND STATE IN SCOTLAND. 131
jection. The two armies did for some time lie facing one
another ; the English near to the town of Prestonpans,
otherwise called Salt-Preston, six miles east of Edinburgh,1
and the Scots about Musselburgh, Inveresk, and Monkton-
Hall, four miles distant from that city. At which last place,
on the 8th of September, an Act of Parliament was made,
which provides the nearest of kin of any Kirkman that shall
happen to die in the public cause at that time, to have liberty
of conferring the benefice of the deceased upon his nearest
relation that shall be found most qualified to discharge the
office. It was then also enacted, that the heirs of any per
sons that shall happen to die in defence of their country,
shall have their ward,% non-entresse, relief and marriage,
free ; as also, that the heirs of any persons whatsoever so
dying, shall have their own ward, &c. free, and that their
wives, bairns, &c. shall bruik, i. e. enjoy, their tacks, posses
sions, &c. as well of kirk lands as of temporal men's lands,
for five years, without any gratification to the landlord, ex
cept the mails and duties used and wont.
After several skirmishings for a day or two with various
success, the Scots, perceiving a movement in the English
army, whose historians affirm that they were only advanc
ing to a more commodious piece of ground, whereas ours say
that they designed to retire home for want of provisions,
most unfortunately crossed the Water of Esk ; and after
some small success, too inconsiderately following the pursuit,
engaged unawares with the whole body of the English army,
and were utterly routed on the rising ground on the east
side of that river, toward Preston, opposite to Musselburgh,
the English ships doing them much mischief all along on
their flank, as they marched to the field of battle. This
battle of Pinkie, so called from a fine country seat3 on the
1 [Scottish miles are intimated. The village of Prestonpans is nine
English miles east from Edinburgh, and the battle-field of Pinkie is six
miles from Edinburgh, being part of the enclosures behind Pinkie House.
See Tytler's History of Scotland, vol. vi. — E.]
2 These are certain duties payable to the King, or other superiors of
lands, by the Law of Scotland.
3 [Pinkie House, Hope, Bart. It is situated on the south-eastern
entrance to Musselburgh, and consists of two sides of a quadrangle, with
a stately massive tower, formerly a residence of the Abbots of Dunferm
line, afterwards of the Setons Earls of Dunfermline, and of the Marquisses
of Tweeddale.— E.]

132 THE HISTORY OF THE AFFAIRS [1547.
east side of Esk, was fought on Saturday the 10th of Sep
tember, in which the Scots lost above 8,000 men, some say
near double that number, and among those sundry of the
Nobility1 and gentry. Many prisoners were also taken, of
which number was the Earl of Huntly, Chancellor of the
kingdom, who commanded the rear of the army. After the
battle was over, the English advanced, and took the town
of Leith, which they pillaged and burned ; and they made
an attempt on Edinburgh, but in vain. Their fleet likewise
seized upon some small islands, or rather rocks, in the river
Forth, and on the Castle of Broughty at the mouth of the
river Tay, and on what shipping they could meet with in the
several creeks and harbours. They also set fire to Kinghorn,
and some other towns and villages on the coast of the Frith.
However, they made no long stay in the country, but de
parted homeward about the 18th of the same month.
The Governor, and such of the Scottish Nobility as had
escaped safe from the battle, went soon after to wait upon
the two Queens at Stirling, where the Governor, in a very
elegant and bold speech, declared his mind for continuing
the war, rather than surrender the young Queen their sove
reign, their rights and privileges, to the ambitious desires of
their haughty enemies. The rest of the Nobility that were
present applauded what he had said, and talked of nothing
but of means for prosecuting the war. They determined to
send the young Queen speedily to the Castle of Dunbarton,
under the custody of the Lords Erskine and Livingston ; and
in the meantime, to advertise Henry King of France how
matters went in Scotland, and to entreat of him a timeous
supply both of men and money. Our ambassadors had it
also in Commission to signify to that King the desire of the
Estates, that their young Queen might retire into France
till time should ripen her for a husband, with plain insinu
ations that his son the Dauphin should be the bridegroom.
This was no doubt a piece of welcome news to the King of
France ; who sent over Monsieur de Desse", with 5 or as
others say, 6,000 men under his command. They arrived
about the middle of June 1548. This General, and his suc-
1 The Noble persons that were killed in this battle, were the Lord Flem
ing, the Master of Montrose, the Master of Erskine, the Master of Methven,
the Master of Ogilvy, the Master of Livingston, the Master of Ross, &c.

1548.] OF CHURCH AND STATE IN SCOTLAND. 133
cessor Monsieur de Thermes, performed many brave actions
during their stay here ; but because it is not our design to
enter far into the detail of these things, we therefore refer
the reader to the book, intituled, The History qf the Cam-
pagnes 1548 and 1549. I only beg leave to desire the reader
to observe the difference betwixt that author's narrative of the
unfortunate accident wherein the Provost of Edinburgh1 was
killed, and the accounts thereof as published by Mr Knox and
Mr Buchanan ; as also, how differently the story is told even
by these two gentlemen themselves, and he will soon be able
to judge whether there is any partiality in these historians.
The Protector of England, and the Privy Council of that
kingdom, finding they could not, by the force of war, bring
the Scots to yield their young Queen in marriage to their
King Edward, resolved to alter their manner of wooing ;2
and for that purpose a long declaration was emitted,3 dated
the 5th February 1547-8, wherein they would try, if by fair
means they could gain a consent to the match. But that
also not taking effect, the Lord Grey of England entered
Scotland the 18th of April following, where he took and
fortified the town of Haddington with a strong garrison.
This the Governor, with the assistance of the French troops,
immediately after their arrival, endeavoured to recover ; and
because a great many of the Nobility, &c. were there pre
sent with the Governor, he then, in the Abbey of Hadding
ton, held a Parliament4 the 7th day of July 1548, and therein
renewed the consultation concerning the course to be taken
with the person of the young Queen. The Queen Dowager,
the French Ambassador and General,5 who were both there
1 This was James Hamilton of Stenhouse, Captain also of the Castle of
Edinburgh, whose father or grandfather was a bastard of the Family of
Hamilton. Vide Registers of Charters.
2 The Earl of Huntly having been asked, after he was made prisoner,
what he thought of the match betwixt our Queen and the King of Eng
land, or some such question to that purpose, made answer, that however
he might like the match, he did not like the manner of wooing.
3 This paper is to be seen at full length in Grafton's Chronicle of Eng
land. It contains only a persuasive to the Scots to accomplish the mar
riage, as a thing most conducive to them.
4 It is expressly named a Parliament in the Acts of Parliament 1558.
" The first was the Sieur d'Oysel, so I find his name written in the
French King's letters which are recorded among the Registers of the
Parliament 1558, and the second was Andrew de Montalambert Sieur
d'Esse'. So also is he designed in the same letters ; and it is from these

134 THE HISTORY OF THE AFFAIRS [1549.
to advise, gave their opinion for sending the Queen into
France, and marrying her to the Dauphin. But the Noble
men were not all of the same mind, for such of them as
favoured a Reformation of Religion, as it was called, were
for accepting the terms offered by the Court of England ;
while the Governor and the rest, who were the more nume
rous, gave their voices for the match with France.
Monsieur de Villegagnon had then four galleys lying in
the harbour at Leith. With these he made a feint as if he
would have sailed into France ; but how soon he got out of
sight of land, he tacked about to the North Seas, and sailed
round the Isles till he came to Dunbarton. There the young
Queen was delivered over to Monsieur de Breze, who had
been sent by the French King to receive her ; and with her
went the Lords Erskine and Livingston, and, as Buchanan
writes, her natural brother James, Prior of St Andrews, to
gether with several young Noblemen and gentlemen, her
natural aunt by the father the Lady Fleming, and four
young virgins, all of the name of Mary, viz. Livingston,
Fleming, Seton, and Beaton.
Meantime the war was carried on with England for the
space of two years, the advantage for the most part inclin
ing to the Scots side, till at last a general Peace was con
cluded in the fields near Bologne in Picardy, on the 24th
day of March 1549-50, betwixt France and England ; at
which Congress, it is said Panter, Bishop of Ross, was pleni
potentiary for the Crown of Scotland, but there is no men
tion of him in the copy of the treaty in Rymer.1 By this
Peace it is agreed —
" That the Forts of Douglas (/ suppose it ought to be Dim-
glass)^ and Lauder, built by the English, with all the cannon,
letters, and other papers in the same Registers, that I clearly perceive
these two gentlemen were present in this Parliament holden in the con
vent near Haddington. — [The thanks of the Parliament were voted to
Monsieur d'Oysel on the 1st of February 1551, for his services previous to
his departure for France. Acta Pari. Scot, folio, vol. ii. p. 489. — E.]
1 [Foedera Anglia3, folio, vol. xv. p. 228, 229.— E.]
2 [There can be no doubt that Dunglass Castle, in the parish of Oldham-
stocks, on the border of the county of Haddington, near the coast, seven
miles beyond Dunbar, is the fort indicated. It was originally a strong
hold of the Earls of Home, whose eldest sons still enjoy the title of Lord

1549.] OF CHURCH AND STATE IN SCOTLAND. 135
&c. be delivered to the Scots, except the cannon that were
brought from Haddington. But if these two forts be not in
the hands of the English, in that event the King of England
shall be obliged to demolish the towns and castles of Rox
burgh and Eyemouth ; nor shall it be lawful to the English,
French, or Scots, to rebuild them.
" Item, Though the King of England shall restore Douglas
and Lauder, yet he shall demolish Roxburgh and Eyemouth,
provided the Queen of Scotland do the same with the Castles
of Douglas and Lauder ; in which case it shall not be law
ful to the Sovereigns of France, Scotland, nor England, nor
their successors, ever to rebuild Roxburgh or Eyemouth.
" Item, The Kingdom of Scotland shall be comprehended
in this Peace ; and the English must not invade Scotland
without a new and just offence given. And the Queen of
Scotland is obliged, within forty days after the date of this
treaty, to certify the King of England, under her Great
Seal, that she accepts the said Comprehension."1
In consequence of this treaty, the Queen grants a com
mission, on the 19th of April, to Thomas Lord Erskine to
repair into England ; and there viva voce'2' to accept and
ratify the said Comprehension. The Peace was proclaimed
at Edinburgh the beginning of April, and in consequence
of it the French soldiers were transported back into their
own country. Howbeit the French General Monsieur de
Thermes, and other French officers, remained some months
longer in Scotland, and went about visiting several places
for their diversion, as was given out, though indeed it would
appear they tarried here for other ends ; for in the Septem
ber following, Leo Strozzi arriving at Leith with some ships
from France, the Queen Dowager embarked aboard him,
and set sail from thence for that kingdom, accompanied with
the above said French gentlemen, and several of the Scots
Nobility and gentry, of whom the principal were the Earls
of Huntly, Sutherland, [or according as Knox calls him, Glen
cairn], Marischal, and Cassillis, the Lords Maxwell, Flem
ing, Bishop of Galloway, &c. The Queen Dowager landed
Dimglass, though they have long ceased to have any connection with the
property, which belongs to Hall, Bart, of Dimglass. — E.]
1 Foedera Angliae. 2 Ibid.

136 THE HISTORY OF THE AFFAIRS [1550.
at Dieppe in Normandy, after the middle of October, from
whence she went to Rouen, where the French King then
was ; and after some time spent there in jollity and mirth,
the Court set forward to Paris, and thence to Chartres ; in
which city they resided the remaining part of the winter.
And here it was that the Queen Dowager opened her mind to
the French King concerning the business which had brought
her into France, namely, That he would be pleased to use
his interest to obtain for her the Regency of the kingdom of
Scotland, and the administration of public affairs there.
The King was well enough satisfied with the motion, but on
this express condition, that the Earl of Arran do volun
tarily demit the government ; and in order to dispose him
thereto, the French King was advised to bestow honours
and profits upon him, and upon such other persons as might
be serviceable to the Queen's design. The King of France,
also by advice of the Queen Dowager, calls for Robert Car
negie of Kinnaird, one of the Governor's Council, who had
been sometime before sent over by him into France, to
give that King thanks for the assistance he had given to the
Scots against the English. He also called for David Panter,
Bishop of Ross, who had for some years past been ambas
sador in France from Scotland, and also for Gawin Hamilton,
Commendator of Kilwinning ; all three firm men to the Earl
of Arran. To them the King declared how agreeable it
would be to him, would the Governor freely demit the Go
vernment of Scotland in favours of the Queen Dowager.
And as the request was both just and equitable, so if the
Governor would comply with it, the King should take care
that his interests should no way suffer thereby. He further
willed them to signify to the Governor, that he had already
confirmed him in his title of Duke of Chastelherault, and had
actually made his son Captain of all the Scots soldiers in
France, and had bestowed other marks of his royal favour
upon his other sons and relations.
On this message was Robert Carnegie dispatched into
Scotland, and within a few days the Bishop of Ross, as being
a man of great parts, and of much interest at Court; who,
by.his management soon after his return home, did so deal
with the Governor, that he consented, though not without
some difficulty, to resign the Government into the hands of

1551.] OF CHURCH AND STATE IN SCOTLAND. 137
the Queen Dowager ; for which diligence and faithful service
the King of France presented him with an abbey in Poictou.
Matters being thus far transacted to the satisfaction of
the Queen Dowager, she left France in the end of harvest,
or beginning of winter 1551 ,imt made choice to pass through
England in her return home.1 She landed at Portsmouth,
and the 2d of November she came from Hampton Court by
water to the city of London, and lodged that night and the
next day in the Bishop's Palace near St Paul's church ;
and on the 4th day she rode in her chariot to the Palace of
Whitehall, where she was received by King Edward.2 After
1 The license granted her by King Edward, at the request of the French
King, for returning through England, is dated at Westminster, 12th May
and 17th September 1551.
2 Mr Stow and Holinshed tell us that she came to Whitehall accom
panied with the Lady Margaret Douglas, Countess of Lennox, the Duch
esses of Suffolk, Richmond, and Northumberland, and divers other ladies,
both Scottish and English. At the gate of the Court, the Dukes of Nor
thumberland and Suffolk, and the Lord Treasurer, were ready to receive
her ; and at her entering into the Hall, the King stood in the upper end
thereof, the Earl of Warwick holding the Sword of State before him.
As she advanced to the King, these historians say she kneeled down ; but
I suppose they mean no more than that she observed the common forms
of decency observed among Princes of her rank at that time. They add,
that he took her up, kissed her, and taking her by the hand, led her into
his own Chamber of Presence, and afterwards into that of the Queen,
where he kissed all the Scottish ladies, and so departed for a while. Her
Majesty dined that day in the Queen's apartment with the King, our
Queen sitting by the King apart by his Cloth of State ; and all the ladies,
both of Scotland and England, dined in the Queen's great chamber.
After dinner the King shewed her his gallery and gardens, &c. and about
four afternoon he brought her down again by the hand into the Hall
where he first received her, and there kissing her, she took her leave, and
returned to the Bishop's Palace from whence she came. The 6th day of
tlie month she departed for Scotland, passing forth of the city at Bishops -
gate. The Duke of Northumberland, the Earl of Pembroke, and the
Lord Treasurer, conducted her to Shoreditch church, and there took leave
of her. The Duke of Northumberland had 100 men on horseback with
javelms, whereof 40 were gentlemen clad in black velvet coats, garded
with white, and hats of black velvet with white feathers, and chains of
gold about their necks. The Earl of Pembroke had 120 men, well ap
pointed also, with black javelins and hats with feathers ; and the Lord
Treasurer had 100 gentlemen and yeomen with javelins, in like manner
well apparelled ; which three companies of horsemen furnished the streets
on either side, from the Cross in Cheapside to Birchenlane end. The
sheriffs of London conducted her to the town of Waltham, where she
lodged that night ; and in every shire through which she passed the
sheriff with the gentlemen gave her Majesty attendance, till she came to

138 THE HISTORY OF THE AFFAIRS [1551.
that King had very kindly entertained the Queen Dowager,
we are told that he took occasion to demand her daughter
in marriage, as, he said, had been formerly agreed to by the
Scottish Nobility ; adding, that this match would be most
beneficial to the Scots, whereas the match with France would
be most detrimental, and that he would entertain constant
enmity against any other man that should marry her. To
this the Queen wisely answered — That the cause of her
daughter's designed marriage with the Dauphin of France,
was chiefly owing to the Protector of England his entering
Scotland with armed force ; for, said she, it was unad
visedly done of him, to seek to compel by force of arms a
woman, who ought rather to be allured with fair promises
than forced by open violence. Therefore, added she, the
Scots being so vehemently pressed by the Protector, were
in self-defence necessitated to demand help from France ;
and for the more speedy obtaining thereof, they were obliged
to send their Queen into France as a pledge. She likewise
said, that she was sorry this business was come so near an
issue, contrary to what he desired and wished ; but that she
would use her endeavours with the French King, in behalf
of him the King of England. Two days after, viz. the 6th
of November, the Queen left London, and entered the Bor
ders of Scotland towards the latter end of December ; and
how soon she came to Edinburgh she was most kindly wel
comed by the Governor and others of the Nobility.
This journey of the Queen Dowager into France, her
negociation there, and her return thence, have been all laid
together on purpose not to break the thread of that ad
venture ; but now we must cast our eye back to other affairs
which were a-transacting in Scotland during that time. In
consequence of the comprehension of Scotland in the last
treaty of peace betwixt France and England, there was a
formal peace concluded betwixt the two nations of Scotland
and England at Norham, on the south side of the river
Tweed, the 10th June 1551. The Commissioners on the part
enter into the next shire, and that order was observed until she came to
the Borders of Scotland: all her charges for meat and drink to herself and
all her train, and provision for then- horses, being born and allowed by the
King, says Holinshed; but Stow says at the charges of the shires through
which she passed.

1552.] OF CHURCH AND STATE IN SCOTLAND. 139
of Scotland were Robert, Bishop of Orkney, Robert Lord
Maxwell, Thomas Master of Erskine, Ludovick de Sancto
Gelasio, Knight, a Frenchman, and Robert Carnegie of
Kinnaird, Clerk to the Treasurer. Those for England were
Thomas, Bishop of Norwich, Robert Bowes, Leonard Beck
with, and Thomas Chalonar, Knights. The 1st July 1552,
a commission was granted to Sir James Douglas of Drum
lanrig, and Richard Maitland of Lethington, to meet with
commissioners from England, for making a division of the
Debateable Ground on the Borders ; which division was rati
fied on the 9th November following.1 While the war was
hot in the country, men had scarcely leisure to think of
other business ; and this gave occasion to several loose per
sons to commit many irregularities, which the Governor now
resolved to put a stop to. In the summer 1552, the Go
vernor, accompanied by the Queen Dowager, went in circuit
as far north as Inverness, holding Justice Courts in the
several towns during that season. And in the harvest and
winter he passed in circuit through the west and south parts
of the kingdom ; but it was much noticed, as a thing not for
merly practised in Scotland, that in all these circuits most
of the criminals were discharged for the payment of a fine in
money. This was not generally approved of, as savouring
too much of covetousness, so that the Governor, it was said,
gained still little reputation by these circuits. But, on the
other hand, the Queen Dowager made it her business, in all
places where she came, to gain to herself the favour and
good-liking of the Nobility and gentry, and was secretly well
enough pleased to foment their dislike at the Governor's
proceedings, as being assured, whatever degree of favour he
lost, returned upon her. So at last she having, partly by
fear and partly by hope, won over to her the Nobility, she
gave commission to the Bishop of Ross to deal with the
Governor, that he would resign to her the government ac
cording to paction. Much time seems to have been trifled
away in this negociation, even all the year 1553 ; though
indeed it must be acknowledged that it is no easy matter
for a man to divest himself of a supreme jurisdiction and
command, when once he is clothed therewith. Several
insolences were likewise committed during this uncertain
1 Foedera Anglise. — [Rymer's Foedera, folio, vol. xv. p. 319, 320. — E.]

140 THE niSTORY OF THE AFFAIRS [1553.
state of government. At last the Governor's friends per
ceiving that even then things were managed by French
counsels, and that if he should continue refractory, he
would not be able to make account for his intromissions,
when the young Queen should be of age, they advised him
to embrace, and he seemed willing to acquiesce in the Queen
Dowager's proposal, on the following terms :
"I. That the French King should see him indemnified for
what goods he had made use of belonging to the late King,
and of all accounts during his Regency.
" II. That an Act of Parliament should be past, declaring
that if the Queen died without issue, he should be the next
heir." These conditions of the surrender were sent into France,
in order to be confirmed by the Queen and her curators,
whom by the advice of her mother she had chosen, viz.
Henry King of France, Francis Duke of Guise, and his
brother the Cardinal of Lorraine,1 both her uncles. But not
withstanding the Governor's promise, the Queen observing,
that as the time drew near he began to resile, as deeming
it a shocking thing for him to descend from the supreme
magistracy to a private life, she therefore retired to Stir
ling, waiting the expiration of the few months which re
mained for the Governor to deliver up his charge. The
Earls of Atholl, Huntly, Argyll, Angus, and Cassillis, fol
lowed the Queen to Stirling ; and by their advice, no doubt,
she sometime after appointed a general council of the Nobi
lity to meet her there in the spring anno 1554 ; in which
council she claimed the government of the kingdom, by
virtue of a power granted her thereto from her daughter,
being then above twelve years of age ; the laws of the land
1 [The Cardinal of Lorraine, uncle of the second Queen of James V.,
and who held some valuable ecclesiastical preferments in Scotland, was
Charles the brother of Francis, Duke of Guise, eldest son of Claude, fifth
son of Rene" II., Duke of Lorraine. The Duke and the Cardinal had the
principal share in the government of France, during the reigns of Henry
II. and Francis II. The powerful and princely Family of Guise were
most unpopular in Scotland, as it was believed that they were the chief
advisers of the massacre which was perpetrated on St Bartholomew's
Day.-E.]

1554.] OF CHURCH AND STATE IN SCOTLAND. 141
allowing the Prince to reckon up as a part of his age what
space of time he lived in his mother's belly.
The Governor seemed to refuse this privilege to female
princes ; but perceiving that the Nobles, who were fully con
vened at Stirling, did all incline to give their suffrages for
the Queen, and that not one of them had remained at
Edinburgh with him, except his own natural brother the
Archbishop of St Andrews, and the Lord Livingston his
near kinsman, and having been advised by a letter from the
Earl of Huntly to lay down the government, unless he had
a mind to incur the anger and hatred of the Nobility in
general ; he went to Stirling, and there made a solemn
promise to the Queen Dowager to resign into her hands the
public administration at the next Parliament, which was in
dicted to be held at Edinburgh the 10th of April 1554, for
that effect, and for ratifying the conditions upon which the
Governor was to demit. Which conditions appear to have
been the same as those two already mentioned, with the
addition of a third, viz. — That the Governor be actually
invested in the right of the Dukedom of Chastelherault in
France. But because the records of this Parliament are
lost,1 we can affirm nothing but as we gather from historians.
At last, the day for the meeting of the Parliament being
come, the Articles made betwixt the Queen Dowager and
the Governor were read, as confirmed by the young Queen
herself in France, with consent of the King of France, the
Duke of Guise, and the Cardinal of Lorrain, her curators
chosen as before. And to these Articles the Estates in
Parliament assembled gave their consent, ratifying and
confirming them by their subscriptions and seals; which being
1 [All the records of the Scottish Parliament, from June 1548 to the end
of her reign, are entirely lost, with the exception of those of a Parliament in
November 1558 and another in April 1562. The Parliament of 1554 met
on the 12th, not the 10th of April as stated in the text. See the " Rati
fication of the Discharge made to James Duke of ChatteUarault, Sec, of
all mtromissions with the money and other moveable guidis of the Queenis
Grace," the " Declarations " in favour of the same Nobleman, being
" Ane exoneratioun of all crimes that may be impute to him preceding
the date hereof," and the " Band made by the Queen Dowager and the
Three Estates to James Duke of Chatellarault, warranting him against all
actions touching his intromissions with the money, jewels, &c, pertaining
to the Queen's Grace," printed from the originals in the Archives of the
Duke of Hamilton. Acta Pari. Scot. vol. ii. p. 600, 602, 603.— E.]

142 THE HISTORY OF THE AFFAIRS [1554.
done, the Governor arose, and publicly gave up the royal
crown, sword, and sceptre, the ensigns of government, to
Monsieur d'Oysel, the French Ambassador, who received
them in name of the Queen in France ; and by a mandate
from her, with consent also of her curators, which was pre
sently shewed, delivered them to the Queen Dowager, who,
as appears by the Registers of Council, was proclaimed
Regent of the kingdom on the 12th of April. Mr Buchanan
tells us, that the Lord Erskine was at this time made
Governor of the castle of Edinburgh, and that he received
orders from the Parliament to deliver it up to no person
without an express warrant from the Estates. The same
author likewise informs, that there was a separate Article
stipulated by the Queen Regent in favours of the Earl of
Arran, namely, That in consideration of his surrendering
the Government, his Lordship should be allowed to have the
command of the castle of Dunbarton ; and I am much mis
taken if I have not seen authentic writs to confirm this,
though I am not able at present to recal where they are to
be seen. Bishop Lesley likewise takes notice that the castle
of Edinburgh was committed to the Lord Erskine, but with
this difference in the narration, viz. That the Estates of the
kingdom, fearing the Governor might repent him of his sur
rendering the management of public affairs, and thereupon
endeavour some disturbance, which he might the more easily
bring about by having the castle of Edinburgh in custody,
they therefore appointed him to deliver it up to the fore-
named Lord, who, in such an event, had orders given him
to surrender it immediately to the Queen. I shall not pre
tend to judge which of these accounts is the justest ; only
we know, that in the after-disturbances which fell out about
matters of religion, the Lord Erskine kept still the castle
of Edinburgh, and would deliver it to neither party.
N.B. Whereas I have said, page 49,1 that a close corres
pondence was settled betwixt Henry King of England and
the murderers of Cardinal Beaton, immediately after the
said murder, I perceive that the correspondence which was
1 [Bishop Keith refers to page 49 of the folio edition of his " History,"
which corresponds to pages 121 and 122 of this volume. The text com
mencing N.B. is intended as a mere appendix to the Chapter. — E.]

1554.] OF CHURCH AND STATE IN SCOTLAND. 143
there meant, and which is instructed by public contracts
and obligations hinc inde, was not until the month of March
1546-7, betwixt King Edward and the murderers. Vide
Foedera Angliw.1 However, though I have not seen authen
tic records to ascertain the correspondence with King Henry,
yet I suppose the consent of our historians is sufficient to
verify the thing. Even Bishop Burnet tells us, Hist. Reform.
vol. i. p. 322,2 that the murderers sent a messenger to King
Henry for his assistance, and that they declared for him ;
and, vol. ii. p. 7, he tells, that in February 1546-7, Mr
Henry Balnaves, one of those who entered the castle of St
Andrews to take one lot with the murderers, and was then
their agent at the Court of England, received L.1180 for
one half year's pay to the soldiers of that Castle. He in
forms us also that Norman Leslie had L.280 ; Sir James
Kirkcaldy, L.200, and many others, smaller pensions allowed
them for their amity, as it is expressed in the Council-
Books. Patrick Lord Gray of Scotland contracts also with
King Edward, at the castle of St Andrews, 11th March
1546-7, to deliver up to him his castle of Broughty, together
with the fishing and pertinents, worth 200 merks Scots
money, in consideration that that King shall assist him in
recovering the town of Perth into his keeping ; which being
obtained, he agrees also that his Majesty shall take into his
hands the principal strength of the town called the Spey
Tower.3 I observe likewise in the Fwdera Angliw,4 that the
Earl of Bothwell receives a pension of 3000 crowns a-year
from England, and 100 horse maintained for a guard to his
person in the year 1549. I had almost forgot to take notice,
that our historians observe that none of those who embrewed
their hands in the Cardinal's blood died a natural death,
without some violence or other.5

1 [Rymer's Foedera, folio, 1713, vol. xv. p. 131-134.— E.]
8 [This reference is to the first edition of Bishop Burnet's History of
the Reformation. — E.]
3 [Or the Spy Tower, in the Earl of Gowrie's garden, on the side of the
Tay, near Gowrie House and the Bridge of Perth. It was also called the
Monks' Tower. — E.]
4 [Rymer's Foedera, folio, vol. xv. p. 190, 191.— E.]
5 [See the note, p. 113 in the present volume. — E.]

144 THE HISTORY OF THE AFFAIRS [1546.

CHAPTER VI.
CONTAINING AN ACCOUNT OF CHURCH AFFAIRS FROM THE
MURDER OF CARDINAL BEATON, ANNO 1546, TILL THE SET
TING UP OF THE CONGREGATION, ANNO 1558.
Immediately after the death of Cardinal Beaton, John
Hamilton, Abbot of Paisley, and now Bishop- Elect of Dun
keld, of whom frequently before, was by the Governor nomi
nated, and by the Chapter elected Archbishop of St Andrews,
and had his election afterwards confirmed by the Pope ; who,
together with his Bull to that effect, wrote both to the Go
vernor and the new Archbishop, exhorting them to make
their zeal appear, in vindicating the injuries done to the
State Ecclesiastick.
It is not to be doubted but the loss of so great a man as
the Cardinal, at the head of the Church, and I may say of
the State also, did mightily affect the whole clergy of the
kingdom ; nor did the brutal and odious manner of his mur
der less instigate their revenge on the perpetrators thereof,
so far as their power or interest could go. Our most reve
rend historian, Archbishop Spottiswood, tells us, that the
inferior clergy exclaimed much against the murder, as the
most odious which in any memory had been committed ; and
that the Bishops did incessantly importune the Governor,
that a speedy course might be taken for effectually appre
hending and punishing the authors of so black a crime ; and
that the Ecclesiastick Judges did in a solemn manner ana
thematize them, and all that should succour or receive them.
And probably it has been upon a petition from the clergy,
that the following Act of Council was emitted on the 11th
day of June,1 being the second day the Council sat after the
aforesaid murder.
" Act against invading, destroying, or withholding ofAbbays,
Sec. 11th June 1546. Regist. Counc. — The quhilk day my
1 [The Convention of Estates at Stirling ratified the Act quoted by
Bishop Keith on the 9th of August 1546. Acta Pari. Scot, folio, vol. ii.
p. 470.— E.]

1547.] OF CHURCH AND STATE IN SCOTLAND. 145
Lord Governor, with advice of the Queen's Grace, and Lords
of Counsale, understanding that, through the occasion of this
trublus tyme, and grete inobedience maid baith to God and
man, in the committing of divers enormis and exorbitant
crymis, it is dreided and ferit that evil disponit persons
will invaid, distroy, cast doun, and withhald Abbays, Abbay
Places, Kirkis, alswele parish kirks as utheris religious places,
freris of all ordouris, nuneries, chapellis, and utheris spiritual
men's houses, aganis the lawis of God and man, and in con-
trair the libertie and freedom of Halie Kirk, and Acts of
Parliament made thairupoun, observit and kepit in all tymes
bygane : And for eschewing and stopping of all such incon
veniences, it is devisit, statute, and ordainit, that letteris be
directit over all partis of this realme, to all Sheriffs, Stewarts,
Baillies, and their Deputes, and to the Provosts, Aldermen,
and Baillies of Burrowis, and to other officiaris of the Queen's
Shereffs in that part, charging them to pass to the mercat
crosses of all burghs within this realme, and thair, by open
proclamation, command and charge all and sundry our Sove
reign Lady's lieges, that nane of tham tak upon hand to
cast down or destroy any of the said kirks, religious places,
and utheris kirks and Kirkmen's houses foresaid ; or to
withhald, intromitt, or tak the samin at their own hand, be
way of deid, in ony tymes coming ; or to spulze the jewels or
ornaments of the Kirk, ordained for God's service, and dedi
cated to the samyn, under the pane of tinsell of life, lands, and
guidis : And giff any sik Kirkmen's houses or places be
ellis taken by whatsomever persons, ordains the takirs and
withhalders of the samyn, to restore and deliver the samyn
again to the Awners thereof and their factors, under, the said
pane, and ordains this Act to be ratified in Parliament."
Thereafter, when the Parliament was deliberating how to
regain the Archbishop's castle of St Andrews out of the
hands of the murderers, the clergy, on the 1 4th of August,
agreed to a taxation1 of L.3000 monthly, for the space of
four months, towards defraying the charge of besieging the
said Castle ; and consented to the further payment thereof

1 [Acta Pari. Scot, folio, vol. ii. p. 472. This voluntary " taxation" was
very liberal, though it was Scots money. — E.] 10

146 THE HISTORY OF THE AFFAIRS [1547.
during the continuation of the siege. And it was from this
supply that the siege was first undertaken, and afterwards
carried on.
But however much the Romish party were damped by the
slaughter of the Cardinal, those who affected a manner of
worship contrary to his were no less elevated. The enter
prize was applauded, and the actors highly commended ;
even Mr Knox calls it a godly deed. Many of their friends
went to the Castle to congratulate them upon the fact, and
Mr John Rough, a preacher of the new doctrines, entered
there, and took one lot with them. The reader will remem
ber that this Rough had formerly attended the Governor,
while that Nobleman followed that party. He is said to
have been a pious man, but it is much to be wished he had
not so far betrayed an erroneous judgment as to have asso
ciated himself with the perpetrators of a deed so highly con
trary to and destructive of the principles of the Christian
religion. However, after he had remained with that de
bauched crew within the Castle, until the first pacification
was made, exhorting them all the time to forbear their god
less course of life, and perceiving that he prevailed nothing,
he then left them and began to preach in the town of St
Andrews. But to make amends for his desertion, Mr John
Knox very soon thereafter, viz. at Easter 1547, entered the
Castle ; he says himself, for protection and safety of his person,
but his former words shew that he did not disapprove of the
deed of that company. During the time that intervened be
twixt this and the second siege of the Castle, Mr Rough and
Mr Knox continued to preach in the town of St Andrews, and
to dispute with the established clergy. Nay, a congregation
was formed in the town, consisting partly of those within
the Castle, and partly of the inhabitants, who, by the mouth
of Mr Rough, made choice of Mr Knox to be their preacher,
which was all the call, or lawful vocation to the ministry,
that Mr Knox sought after, as himself informs us. But
when the Castle was besieged the second time, Mr Rough
departed into England, and Mr Knox shut himself up with
the rest. By these and the like open proceedings about
that time, the clergy were much alarmed ; and thereupon
presented to the Governor and Council the following Suppli
cation, the 19th March 1546-7.

1547.] OF CHURCH AND STATE IN SCOTLAND. 147
"My Lord Governor,' and Lords of the Greit Counsale, unto
your Grace and L[ordships], humlie means and schewis, we
your Oratouris, the Bischops, Prelates, and Kirkmen, now
present in this town, for ourselves, and in name of the rema
nent of the Kirkmen of this realme, how that it is nocht un-
knawin to your Grace and L[ordships], that sundry parts of
this realme, quhilk has been ever Catholik sen the begin
ning of the Faith to these days, now infectit with the pesti
lential heresies of Luther, his sect, and followaris, and sa
perseveres unpuneist, quhill divers of thame are becoming
Sacramentaris, and specialie aganis the blessed Sacrament
of the Altar ; others of them abjurit and relapsit, baneist of
auld, now comes pertlie without any dreidour, nocht allenarly
in the far parts of the realme, but als to the Court and pre-
senseof yourL[ordships],andsometimepreachesoppinlie, and
instructs utheris in the said dampnable heresies; quhilkis and
the samyn be nocht remedied by your Grace and Lfordships],
by your help and assistance to the jurisdiction spirituall, it
will spied, incress, and rise daily mair and mair, and ay the
langer the mair difficult to remeid. Wherefore we humbly
beseech your Grace and noble L[ordships], for your princely
honour and nobiliteis, to gif your haistlie help and remeid
in their behalvis, to the pleasure of God, mainteinance of the
Cristin Faith, and your awin honour, with your ansser."
" My Lord Governour and Lords temporale, ordains and
desires the Kirkmen to gif to his Grace the names of the
heretiks that are relapsed, or hald opinionis aganis the
Sacraments of the Altar, or teichis heresys ; and his Grace
and the Lords temporale shall take them, and cause the laws
of the realme to be execute on them, ay as he is re
quired thairto, conform to the laws of Haly Kirk, and ordains
this Supplication and Deliverance past thairupon, to be put
in the Bukis of Council."
The war continuing with England, as it did for two years
after, had so possessed men's minds, that little or no atten
tion was given to other business, and perhaps the clergy
thought it no proper time to exercise severity against those
that dissented from them, till they should see what turn
matters might take in the State. The King of England
was a professed Protestant, and the issue of the war was

148 THE HISTORY OF THE AFFAIRS [1550.
uncertain ; wherefore it was judged best for them to wink at
many things, until they should see farther about them. This
relaxation brought many persons over to the new doctrines,
and dissenters increased daily. Upon which account, when
the war was ended, the clergy began to look more narrowly
into their own affairs.
There was one Adam Wallace, a simple but very zealous
man for the new doctrines, who, together with his wife
Beatrix Livingston, used to be much in company with the
Lady Ormiston, and to instruct that lady's children during
the absence of her husband.1 It is likely enough that the
catechising of these, and perhaps also of other children, in
the new forms, had made the man to be more taken notice
of than otherwise he would have been. So he was taken at
Winton in East Lothian by the Lord Primate's direction, and
brought upon his trial in the church of the Black Friars in
Edinburgh, where, in presence of the Governor, the Earl of
Argyll, Great Justice of the realm, the Earls of Angus,
Huntly, and Glencairn, and divers others of the Nobility and
Prelates, he was accused by Mr John Lauder2 of several
Articles which may be seen in Knox's and Spottiswood's
Histories, and in Fox's Martyrology ; and being found guilty,
was the next day3 burnt on the Castlehill of Edinburgh.
They say he was inhibited to speak to the people at his
execution, yet they tell us that he entreated them not to
be offended at the truth because of his suffering, saying —
" The disciple is not above his master ;" and in a few words
more, commending his soul to God, he took his death most
patiently.4 Sometime after this, viz. the 26th of January 1551-2,
1 John Cockburn, Laird of Ormiston, was forfeited 14th December
1548, for going into England, and bringing the Lord Grey of that nation
into Scotland in the spring of the year 1547-8.
2 He was Archdean of Teviotdale, and a Notar Publick, and probably
was brother to Mr Henry Lauder, Queen's Advocate for the time.
3 Fox, in his Kalendar, places this execution on the 12th of October
1551 ; yet in the body of his History he tells, that he had his accounts there
of ex testimoniis et Uteris e Scotia petitis, anno 1550. There must be an error
in the print.
4 [This was the first public act of Archbishop Hamilton after his eleva
tion to the Primacy of St Andrews. It is evident that the poor man was'
unworthy of notice from his obscurity, and the weakness of his intellect.
Among the charges against him were those of assuming the office of

1553.] OF CHURCH AND STATE IN SCOTLAND. 149
there was a provincial Synod of the clergy kept at^ Edin
burgh, in which was agitated the merry story concerning the
Pater-noster, related by Archbishop Spottiswood,1 who tells
us likewise, that at the same convention, order was taken
for publishing a Catechism in our mother tongue, containing
a short explanation of the Commands, Belief, and Lord's
Prayer ; and the curates were enjoined to read a part thereof
every Sunday and holiday to the people when there was no
sermon, and until fit preachers should be provided by the
Bishops.2 The next year, which was 1552, another provin
cial Synod was kept at Linlithgow, in which the maintainers
of any opinion contrary to the Church of Rome were accused,
and the Decrees of the Council of Trent made in the time
of Pope Paul III. received. Some acts also were made for
reforming the corrupt lives of the clergy, but little or no
execution followed, says the foresaid author. But Bishop
Lesley speaks in another strain concerning that matter.
preaching, and of baptizing one of his own children. The answers he re
turned to the Judges were such as ought to have convinced them that his
ideas were fanciful and absurd. His wife was committed to prison as a
participator in his erroneous notions, but was soon set at liberty. — E.]
1 [History of the Church and State of Scotland, folio, 4th edition, 1677,
p. 91, 92.— E.]
2 This Catechism, as it is indeed called on the title-page, consists of
205 leaves in a small 4to. It is printed at St Andrews the 29th of August
1552, by the command and at the expence of Archbishop Hamilton, whose
composition it is commonly reckoned to be. The Preface bears his name,
and is directed principally to all the clergy, who are appointed to read it
in place of sermon, if there be none at the time. It is a judicious Com
mentary upon the Commands, Belief, Lord's Prayer, Magnificat, Ave
Maria ; and the author shews both his wisdom and moderation in hand
somely eviting to enter upon the controverted points. In a word, no
divine at this day need be ashamed of such a work. Therefore since it
was commonly sold for twopence, and called in derision The Twopenny
Faith, as Archbishop Spottiswood and other of our historians inform us,
I readily assent to Dr Mackenzie, who thinks that Archbishop Hamilton
having been at the charges of the printing, allowed the pedlars to take
only twopence (not shillings) Scots, for each copy of it from the people, as
a fee for their pains in distributing it. It appears that whoever slighted
this book, have been resolved to slight every thing that should come from
such a hand ; and this composure, though there were none else, shews
that all the clergy in those days have not been such dunces as some people
would make us apprehend. The book is yet extant, and speaks for itself.
Mr Knox and Mr Buchanan mention a Twopenmy Faith in 1558. Per
haps Bishop Spottiswood takes one thing for another : if so, that reconciles
the difficulty concerning the value of the Catechism. — [See the note,
p. 5, and App. to M'Crie's Life of Knox. — E.]

150 THE HISTORY OF THE AFFAIRS [1554.
On Thursday the 6th of July 1553, died Edward VI.
King of England, to whom succeeded Mary his eldest sister,
a woman of a strict and severe life, constant at her devotions,
but violently addicted to the interests and humours of the
Romish Church.1 This alteration in England, together with
the advancement of our Queen Dowager, the year following,
to be Regent of this kingdom, seemed to dash all hopes of
a Reformation of Religion in Scotland. And yet the quite
contrary of what was expected fell out. The preachers and
favourers of the new doctrines found themselves necessitated
to fly out of England, whithersoever they could meet with
shelter. One of these, William Harlaw,2 a Scottishman
by nation, but who had preached sometime in England,
returned at that time to his native country, and preached
to such as favoured the reformed opinions and principles.
After him came hither John Willocks, who had formerly
been a Franciscan Friar in the town of Ayr. He likewise
had remained in England, but upon Queen Mary's persecu
tion, had fled over into Friseland, where he professed medi
cine, and was sent by the Countess of Friseland with some
commission or other to our Queen-Regent in the year 1554.
Again he returned the very next year, with another commis
sion from the same person; after which time he abode in Scot
land, and preached to as many as resorted to him, who, it is
said, were neither few nor of the meaner sort. But that
which gave the greatest life to the succeeding alteration in
religion was the arrival of Mr John Knox3 in the end of the
harvest 1555, to whom many of good note repaired, and
heard his discourses, in which he chiefly insisted upon the
unlawfulness of being present at the Mass, which he said was
an idolatrous worship. He succeeded so well in these his
exhortations that a great many persons withdrew from the
churches, and began to make an open separation ; which
1 [See the observations on Mary's principles and policy in " England
under the Reigns of Edward VI. and Mary," by Patrick Fraser Tytler,
Esq. London, 2 vols. 8vo. 1839.— E.]
2 Or Harly. He had been by occupation a tailor in the Canongate of
Edinburgh, before he took up that of preaching.— Calderwood's large MS.
and Bishop Lesley.— [Calderwood's History (Wodrow Society), vol. i.— E.]
3 He had been carried prisoner to France at the time the Castle of St
Andrews was taken, and after his escape from that kingdom had remained
in England till the death of King Edward, from whence he went to Geneva,
from that to Francfort, again to Geneva, and from thence to Scotland.

1556.] OF CHURCH AND STATE IN SCOTLAND. 151
being observed by the clergy, Mr Knox was summoned to
appear before the Ecclesiastick Judicatory, on the 15th day
of May 1556, in the church of the Black Friars in Edinburgh.
But when the day came, the cause was dropt upon some
informality in the summons, as was pretended; though
it is more likely that the arrival of a great number of his
friends in town might make some uproar to be dreaded.
Hereupon his sermons were still more publicly frequented,
and it is certain that Mr Knox preached to a greater audi
tory the very day he should have made his appearance than
ever he had before, and he continued doing so for several
days thereafter. The Earl of Glencairn did at that time
take along with him the Earl Marischal to hear one of Mr
Knox's discourses, who was so well pleased therewith, that it
was thought adviseable Mr Knox should write a letter to the
Queen-Regent, entreating for a Reformation in the Church ;
which he accordingly did, and the letter was delivered to her
by the Earl of Glencairn. But the Queen calling it a pasquil,
put it into the hands of the Archbishop of Glasgow ; and this
gave occasion to Mr Knox to make some-additions to his
letter two years after, both which he caused to be then printed
at Geneva, and which the reader will find at the end of the
latter editions of his History of the Church of Scotland.
Not long after this, letters were brought to Mr Knox from
an English congregation in Geneva, beseeching him to repair
unto them to be their pastor. In compliance with which, he
departed in the month of July 1556. But he was scarce
gone, as himself tells us, when the clergy cited him anew to
appear before them ; and because he appeared not, he was
condemned as an heretic, and burnt in effigie at the Cross
of Edinburgh. The copy of his sentence having been trans
mitted to him at Geneva, he published a sort of apology,
which he intituled, " The Appellation of John Knox from
the cruel and most unjust Sentence pronounced against him
by the false Bishops and Clergy of Scotland, &c." and this
paper also may be seen printed with his History.
In the year following, viz. 1557, the new doctrines were
mightily supported by the teachings of sundry persons in
different parts of the country, William Harlaw and John
Willocks in Edinburgh and Leith ; Paul Methven, a baxter1
1 [Anglice, baker. — E.]

152 THE HISTORY OF THE AFFAIRS [1556.
in Dundee ; other persons in Angus and Mearns ; and espe
cially Mr John Douglas, a Carmelite Friar, became chap
lain to the Earl of Argyll, and spoke openly at Court, where
that Earl then resided, against the prevailing superstitions
of the times. And it was observable, that from that time
forward the estimation of the clergy daily diminished ; and
even divers of that order, both Secular and Regular, but
especially of the latter sort, began publicly to espouse the
party of the Reformation, and to declaim against the cor
ruptions of the Church of Rome. And now the Bishops,
perceiving their opposites to increase daily, and that tnejr
were a-forming of stated meetings and conventions among
themselves, moved the Queen Regent to call the preachers
before her Council, and arraign them for raising of mutinies,
and convening together the lieges without authority ; but
the day appointed for their appearance being come, such
numbers of people did flock together, and the Queen was so
menaced, that she was forced to declare she meant no harm
to their preachers, and that the present diet should be dis
charged. And now it seems these gentlemen, judging their
affairs to be in a pretty good posture, thought fit to send
the following letter to Mr Knox, requesting him to return
into these parts.
" Dearly beloved in the Lord, the faithful that are of your
acquaintance in these parts (thanks be unto God) are sted-
fast in the belief wherein ye left them, and have a godly
thirst and desire, day by day, of your presence again ; which
if the Spirit of God will so move and permit time unto you,
we will hartelie desire you, in the name of the Lord, that
ye will return again into these partes, where you shall find
all faithful that ye left behind you, not only glad to hear
your doctrine, but will be ready to jeopard lives and goods
for the setting forward of the glory of God, as he will per
mit time. And albeit the magistrates in this countrie be as
yet but in the state ye left them, yet at the making hereof
we have no experience of any more cruelty to be used than
was before ; but rather we have belief that God will augment
his flock, because we see daily the Frears, enemies to Christ's
gospel, in. less estimation both with the Queen's Grace, and
the rest of the Nobility of our realm. This, in few words, is

1556.] OF CHURCH AND STATE IN SCOTLAND. i53
the mind of the faithful being present, and others absent.
The rest of our minds this faithful bearer will shew you at
length. Thus fare ye well in the Lord. At Stirling,
10th March 1556. Glencarne, Lorn, Erskine,1 James
Stewart."2 Mr Knox, upon receipt of this letter, did at their desire,
and by advice of Mr Calvin, &c. begin his journey home
ward ; but when he was come as far as Dieppe in France, in
the end of October, he there received other letters, advising
him not to continue his journey, for that all things were at
a stand in Scotland. And it seems that the favourers of a
Reformation, being uncertain what turn matters might take,
began to reckon it more secure to be allowed the worship
of God after their own manner in private assemblies, which
was connived at, than to drive at greater enlargements, and
perhaps fail in the attempt ; and so come to lose all. Mr
Knox being therewith vexed at the heart, wrote, in return
to his friends, a very pathetical letter, in which he tells them
how much he was confounded to find them so unstable in
their consultations, and that if any persuaded them, for fear
of the danger which might follow, to faint in their intended
purpose, and to prefer their worldly rest to God's praise and
glory, such a one was to be accounted their mortal enemy :
That they ought to hazard their own lives, be it against Kings
or Emperors, for the deliverance of the people from spiritual
bondage. And finally, having laid before them many strong
inducements to quicken them unto the work, he ends with
telling them — That the reformation of religion and of public
enormities doth appertain to more persons than either the
clergy, or the chief rulers called Kings.
This letter, dated from Dieppe, the 27th of October 1557,
and which may be seen at large in Mr Knox's own History,
had a wonderful influence upon the minds of those to whom
it was directed, so that they resolved speedily to prosecute
their now intended purpose, and to enter into measures for
prosecuting the same. In order to which, and that every
1 I suppose this has been John Erskine of Dun, for the Lord Erskine
had not yet joined himself to that party.
2 This was the Prior of St Andrews, natural son to King James V. by
a daughter of the Lord Erskine ; he was afterwards commonly called the
Lord James.

154 THE HISTORY OF THE AFFAIRS [1557.
one should be the more assured of other, as Mr Knox says,
a Bond was drawn up and subscribed by some principal per
sons, the tenor whereof followeth :
" We, perceiving how Sathan, in his members, the Anti
christs of our time, cruelly do rage, seeking to overthrow and
to destroy the gospel of Christ and his Congregation, ought,
according to our bounden duty, to strive in our Master's
cause, even unto the death, being certain of the victory in
Him. The which our duty being well considered, we do pro
mise, before the Majesty of God, and his Congregation, that
we (by his grace) shall with all diligence continually apply
our whole power, substance, and our very lives, to maintain,
set forward and establish, the most blessed Word of God
and his Congregation ; and shall labour, at our possibility, to
have faithful ministers truly and purely to minister Christ's
Gospel and Sacraments to his people. We shall maintain
them, nourish them, and defend them, the whole congrega
tion of Christ, and every member thereof, at our whole
powers, and waging of our lives against Sathan and all wicked
power that doth intend tyranny or trouble against the fore
said Congregation. Unto the which Holy Word and Con
gregation we do joyne us, and so do forsake and renounce
the Congregation of Sathan, with all the superstitious abomi
nation and idolatry thereof; and moreover shall declare
ourselves manifestly enemies thereto, by this our faithful
promise before God, testified to his Congregation by our
subscription at these presents. At Edinburgh, the 3d day
of December 1557 years. God called to witness. A. Earl
of Argyle, Glencarne, Mortoun, Archibald Lord of
Lorn, John Erskine of Dun, &c."
Immediately after the subscription of the foresaid Bond,
the Lords and others that concurred with them convened
together ; and after deliberation on what was fittest to be
done, they concluded upon the following Articles, viz. : —
" I. It is thought expedient, advised, and ordained, that in
all parishes of this realm1 the Common Prayer be read weekly,
1 Observe how these men give orders to the whole realm. Such an act
would be justly adjudged high treason now ; I know not what it might be
then.

1558.] OF CHURCH AND STATE IN SCOTLAND. 155
on Sunday, and other Festival Days, publicly in the parish
churches, with the Lessons of the Old and New Testament,
conform to the Order of the Book of Common Prayer.1
And if the curates of the parishes be qualified, to cause them
to read the same ; and if they be not, or if they refuse, that
the most qualified in the parish use and read the same.
" II. It is thought necessary that doctrine, preaching, and
interpretation of Scriptures, be had and used privately in
quiet houses, without great conventions of the people thereto,
while2 afterward that God move the Prince to grant public
preaching, by faithful and true ministers."
In pursuance of the above resolve, we are told that this
regulation was in fact observed in such places where these
Lords and gentlemen had any interest ; particularly that
the Earl of Argyll made Mr Douglas preach publicly in his
house. This new practice, as it could not but give great
displeasure to the established clergy, so we are told that
they made very pressing complaints against it to the Regent,
who answered, it was not then a fit time to enter upon these
matters, but ere long she would find occasion to take order
about them. And the truth is, she behoved then to manage
very warily the Lords and others concerned in that affair ;
because though the marriage of the young Queen her
daughter with the Dauphin of France was in a manner al
ready consented to in Parliament, it was not yet accomplished ;
and she knew well enough how imprudent and unsafe it was
for her to embitter the minds of any against her at that
1 It hath been much controverted, what is meant by this Book of
Common Prayer ; some persons strenuously affirming it to have been the
Liturgy of the Church of England, and others as pertinaciously denying
it. For my own part, I humbly think the affirmers need not be very
solicitous to gain their point. However, I must take notice, that the first
Liturgy printed at Geneva 1558, with a Preface dated 10th February
1556-7, is commonly called the Book of Common Order, and sometimes
only that of Common Prayer— that in it there is no mention of lessons
taken out of the Old and New Testaments — and that there is mention only
of convening once a- week to hear some portion or place of the Scripture
orderly expounded. What weight these observations may have, joined
to the publication of that book, which was posterior to this regulation in
Scotland, I submit to the judgment of the reader. — [The Book of Common
Prayer was the Service Book of Edward the Sixth. Tytler's Hist. vol. vi.
p. 99.— E.]
2 [Until.— E.]

156 THE HISTORY OF THE AFFAIRS [1558.
critical conjuncture, and before every thing was got accom
modated that related to the marriage of her daughter.
On the 25th of March 1558, the Archbishop of St
Andrews wrote a very civil letter to the Earl of Argyll, and
with the bearer of it, Sir David Hamilton, sent a very artful
commission, consisting of several heads, all tending to draw
off that Earl from persisting in the practice of their new
Regulations, and to persuade him to discharge Mr Douglas'
from any farther attendance upon him ; promising at the
same time, that if his Lordship was desirous of a preacher to
instruct him, he, the Archbishop, would provide him with a
learned man that should teach nothing but true doctrine
according to the Catholic Faith ; and in end the Archbishop
gave the Earl to understand that he lay under a high re
proach not only from the Queen, but from persons of all
ranks and degrees, for being too remiss in his office ; and in
sinuated as if he should be forced to take a more narrow
inspection into the prevailing practices, and bring the per
sons principally concerned to a condign punishment. To
this letter and commission the Earl wrote a large and re
spectful answer, but such as shewed plainly he had neither
a mind to comply with the Archbishop's request, nor stood
afraid of his threats. It is well known that this Prelate
was a wise and judicious man, and no doubt he perceived
the impetuous current that then began to possess the minds
of the people ; whereupon he has thought it the wisest
course to try to regain them by gentle rather than stubborn
means. It is likewise acknowledged even by Mr Buchanan,
that he was not at all a man of blood ; and therefore I must
incline to think that what fell out a very little after was
given way to by him, either to make a trial of the effects it
might produce, or merely to satisfy the importunity of those
who clamoured against him. The matter was this : One
Walter Mill, who in his younger years had travelled into
Germany, and upon his return had been installed priest
of the church of Lunan in Angus, upon an information of
heresy in the time of Cardinal Beaton had been forced to
abandon his charge, and had absconded ever since, was now
taken in the town of Dysart in Fife, and carried to St
Andrews, in order to his examination before the Archbishop
and several of his Suffragans there convened, by whom he

1558.] OF CHURCH AND STATE IN SCOTLAND. 157
was condemned to be burnt. He was a decrepit man, of
eighty-two years of age ; but it is reported that though it
was hardly expected his voice could be heard, yet he delivered
his mind with that courage and composure as amazed his
enemies ; and that when he was brought to the stake in
order to he burned, he spoke thus to the bystanders—" The
cause why I suffer this day is not for any crime, though I
acknowledge myself a miserable sinner, but only for the
defence of the truth of Jesus Christ ; and I praise God who
hath called me by his mercy to seal the truth with my life,
which as I have received of him, so I willingly offer it to his
glory ; therefore, as ye would escape eternal death, be no
more seduced with the lies of the Seat of Antichrist, but
depend only on Jesus Christ and his mercy, that you may
be delivered from condemnation." And it is reported like
wise that he should have said — He trusted to be the last who
should suffer death in this land upon such an account.1 The
spectators, it is said, were much moved with his words, and
they took his death so grievously, that as a monument of
it to future times, they made a great heap of stones in the
place where his body was burned ; and this they renewed
several times, after it had been thrown down by order from
the clergy, until at last they set a watch for apprehending
any persons that should be found carrying stones to that
place. This plain good man was put to death in the month
of April, with this remarkable circumstance, as is recorded,
that the Baillie of the Regality having refused to pronounce
sentence against him, no other person could be found to
supply his place as a judge ; nor in the whole city could they
purchase a cord for money to tie him with, after he should
be condemned ; and that for this reason his condemnation
was prolonged for a day, till the next morning, that one of
the Archbishop's domestics took upon him to officiate as a
temporal judge, and condemned him to the fire, when the
ropes of the Archbishop's pavilion, for want of others, were
taken thence to bind him. What precise truth is in this
cannot be determined, unless there were more certain docu-
1 [Those who assisted Archbishop Hamilton on* this occasion were the
Bishops of Moray, Brechin, Caithness, and The Isles, the last also Titular
Archbishop of Athens, the Abbots of Dunfermline, Lindores, and Bal
merino. The trial took place in the cathedral church after the usual for
mality of a sermon. — E.]

158 THE HISTORY OF THE AFFAIRS [1558.
ments to instruct the same. However, it is remarked that
this man's death proved the death of Popery itself in this
realm. And the truth is, it appears the clergy were so
sensible of their affairs falling now into decay, that theynever
after had courage to proceed to a capital punishment upon
account of religion ; insomuch that in the Synod holden at
Edinburgh in July this year, some persons that had been
delated for heresy, were only condemned upon their non-
compearance, to make a public recantation at the market-
cross of that city on the 1st of September following, being
St Giles's Day, the tutelar Saint of that city.
Meantime the Feast of St Giles approaching, the custom
was to carry the image of that Saint in procession through
the town, and the Queen-Regent was to honour the solem
nity with her presence. But when the time of it was come,
the image was amissing, having been stolen from its station
by some who were too wise to favour it with their devotion.
This caused a halt to be made, till another little image was
borrowed from the Gray Friars, with which they set forward.
And after the Queen had accompanied them a good way,
she withdrew into the lodging where she was to dine. But
she was no sooner gone, than some persons appointed on
purpose, plucked the picture from the shoulders of those
who carried it, threw it down into the dirt, broke it to pieces,
and spoiled the glory of the whole pageantry.1 The people
hereupon fell a shouting, the priests betook themselves to
their heels, and a great stir was in the streets for some hours
after ; till at last the Magistrates having quelled the mob,
and the clergymen understanding there was more fear than
danger, crept again out of their lurking holes ; and being re
assembled, they judged it best to put on a face of confidence,
hoping thereby to strike a terror into their enemies ; and
for this purpose they indicted a solemn meeting to be held
1 [At this festival of St Giles, the tutelary patron of Edinburgh, the
worthies who stole the image threw it into the then well-known lake called
the North Loch. The neighbouring Grey Friars, who lent the small image
to grace the procession — an ideal likeness or representative of St Giles being
considered indispensible in that ceremonial, and which the mob in derision
designated Young St Giles, were also present. The Queen-Regent's pre
sence in the procession secured the clergy from insult or molestation, but
she no sooner retired to dinner, than the tumult took place, the procession
was dispersed, and Young St Giles was destroyed. Such is the local tradi
tion in Edinburgh of this affair. — E.]

1558.] OF CHURCH AND STATE IN SCOTLAND. 159
at Edinburgh the 7th or 8th day of November following.
To this diet Paul Methven was summoned, but he not appear
ing, banishment was pronounced against him ; and a severe
punishment denounced against those who should presume to
receive or harbour him in their houses, or supply him with any
necessaries to support his life. Nevertheless, the inhabitants
of Dundee, where he mostly resided, were not at all terrified
by that Commination ; for they still continued to entertain
him, nay, and even dealt with the Regent, by some who were
in favour at Court, that his banishment might be reversed.
However, the interest of the clergy prevailed with the Queen,
so that the former did not succeed. x
Whilst these things were acting, that is, during the course ^
of this summer, some persons travelled through all parts of
the kingdom, soliciting subscriptions from the people to join
in the work of Reformation, and not suffer themselves or
their friends to be oppressed by a party not superior to
them in number, and far inferior to them, if justice and
truth be considered. And these succeeded so well in their
circuits, that some being moved with zeal to religion, others
out of a desire of change, and the greater part longing to
be relieved from the oppression of the clergy, were easily
moved to consent to what was proposed ; by which means
the chief leaders perceiving their party was become con
siderable, and their numbers not inferior to their adversaries,
they then, says Mr Buchanan, first assumed the name and
title of the Congregation, which became much more famous
afterwards, by the multitudes of those who joined them.
Perhaps, indeed, this might be the first time that the word
Congregation was taken up, to denote the united body of
those who pretended to set forward a Reformation in religion,
in contradistinction to those who were then the Established
Church ; but that this was not the first time these men had
assumed the name of Congregation, is evident from their
own Bond of the 3d of December the preceding year, lately
mentioned, and inserted in these papers, in which though
it be very concise, the reader may observe that they stile
themselves no less than seven times the Congregation ; and
that also with this singular speciality, as being The Con
gregation of the Lord, in opposition to those of the Church,
whom they are pleased to call The Congregation of Sathan./

160 THE HISTORY OF THE AFFAIRS [1554.

CHAPTER VII.
CONTAINING AN ACCOUNT OF STATE AFFAIRS FROM THE BEGIN
NING OF THE QUEEN DOWAGER'S REGENCY, ANNO 1554, UNTIL
THE LAST PARLIAMENT THEREOF IN THE END OF THE YEAR
1558.
How soon Mary of Lorrain, the Dowager Queen, was vested
with the Regency, anno 1554, she began to form to herself
a new Court, to which she preferred a greater number of
Frenchmen than was agreeable to the native subjects of the
realm. One Vilmort was made Comptroller of the Royal
Revenues ; Rubay got the keeping of the Great Seal, and
was constituted Vice-Chancellor of the kingdom, which was
in effect to shuffle out the Earl of Huntly from his office of
High Chancellor; and one Bonot was made Governor of
the Isles of Orkney, a place of great profit. These prefer
ments of the French to such considerable posts in the State
and in the Royal Council, joined with a visible neglect of the
Nobility of the kingdom, filled the minds of the people with
indignation and discontent, which soon after broke forth in
remonstrances and rebellion. Much about this time, Mary
Queen of England and our Queen-Regent being united in
matters of religion, resolved likewise to cement the two
nations in a firm and lasting bond of peace. For this end
commissioners were appointed to meet together from both
sides, viz. Sir Robert Carnegie of Kinnaird, and Sir John
Ballenden of Auchnoul, on the part of Scotland ; and Sir
Thomas Cornwall, and Sir Robert Bowes, on the part of
England ; but what were the Articles agreed upon by these
Commissioners we know not, except these two, viz. " 1st,
That if any person of the one kingdom should forcibly take
from another person of the other kingdom, any one fish or
fishes1 that had been caught by that other person, in that
case the injuring person should pay twenty pence sterling,
over and above any mulct that might be forfeited by former
laws. And, 2d, That if any of either's subjects shall happen
1 This respected chiefly the fishing on the borders about Solway, either
in the sea or the rivers. See Lesley.

1555.] OF CHURCH AND STATE IN SCOTLAND. 161
to come, by stress of weather or otherwise, into any part of
either's kingdom, such persons shall be allowed to depart
without any interruption, provided that he obtain a certifi
cate of his arrival from the magistrate of the next adjacent
port or town ; and that during his abode he hath acted
nothing contrary to the laws of the kingdom whither it hath
been his lot to arrive."
The Queen-Regent also applied herself very much, in the
beginning of her Regency, towards rectifying the disorders
of the State. The laws relating to the administration of
civil justice before the Session were much improved by the
good and prudent advice of Mr Henry Sinclair,1 Dean of
Glasgow, and Vice-President of that Court. And in the
month of July 1555 she called a Parliament,2 wherein like
wise several good laws were made for the peace of the
country. And sometime thereafter she undertook a journey
into the southern parts of the kingdom, in order to keep
Justiciary Courts, and settle the country. She had the last
year sent the Earl of Huntly into Muydard,3 and the western
countries and isles thereabout, to suppress the insolences of
the Highlanders. But he not answering her expectation,
fell under her displeasure, for which he was committed
prisoner, and was sentenced to be banished into France for
five years, but the sentence was afterwards changed into a
fine, and his Lordship was received again into favour. But
the Earl of Argyll, together with the Earl of Atholl, were
1 [Henry Sinclair, Dean of Glasgow, was a younger son of Sir Oliver
Sinclair of Roslin, and a brother of the unlucky favourite of King James V.
He was appointed an Ordinary Lord of Session by that monarch, and ad
mitted in November 1537. Archbishop Dunbar gave him the Rectory
of Glasgow in 1538 ; but that valuable preferment was also claimed, it is
said, by a certain Cardinal, and in 1541 Alexander Hamilton, Abbot of
Kilwinning, resigned that Abbey conditionally in his favour, but he re
signed it in 1550 to Gavin Hamilton for the Deanery of Glasgow. He
acted as Vice-President of the Court of Session during the absence of
Bishop Reid of Orkney in France, and he succeeded that Prelate as Lord
President of the Court. He was preferred to the See of Ross at the death
of Panter.— E.]
2 [This Parliament was held on the 20th of June 1555, and not July, as
stated by Bishop Keith. Acta Pari. Scot, folio, vol. ii. p. 492. Forty-one
Acts were passed, most of them excellent and important. The fortieth
Act prohibited the old sports of choosing " sic ane personage as Robert
Hude, Little John, Abbot of Unreason, or Queen of May."— E.]
3 [Or Moidart, a mountainous district in the north-west of Inverness-
shire. — E.] 11

162 THE HISTORY OF THE AFFAIRS [1556.
sent this year to take the charge of that commission,
which these Noblemen performed to the Queen's great satis
faction. Nevertheless, the Highland Clans having soon after
broke out of prison, to which they had been confined, the
Queen found herself under a necessity to go north likewise,
in order to chastise these disorderly rebels. In the summer
1556, the Parliament sat again, when the Regent granted
pardon to several persons that had been forfeited upon
account of the murder of Cardinal Beaton. This probably
was designed, to gain the minds of the adverse party to a
compliance with a bill that was quickly brought into the
Parliament, by which it was proposed, that the estates of
all the subjects should be entered into Registers, and that a
certain portion should be paid out of them into a treasury,
set apart to serve as a fund for raising of mercenary soldiers;
by which means the Nobility and gentry might remain quiet
at home, except at some extraordinary emergent, which an
ordinary force could not resist. But this new project of an
established tax and a standing force, for hitherto there was
no such thing known in this country, was not at all accepts
able to the people. The Nobility stormed at it, yet suppresed
their displeasure, every one fearing, that if he should first
oppose it, the whole envy of the refusal would fall upon him
alone. But the gentry were more fierce and open, for about
300 Barons met together at Edinburgh, and sent Sir James
Sandilands of Calder, and John Wemyss of that Ilk, men
of great prudence and estimation, to the Queen, to represent
to her " the novelty and ignominy of this taxation; that their
ancestors had not only defended themselves and their estates
against the English, when much more powerful than now
they are, but also had made often inroads into England ;
and that themselves had not so far degenerated from their
ancestors, but that they were willing to lay down their lives
and fortunes for the good of their country when need re
quired ; yea, and that they were even obliged, by the tenure
of their lands from the Crown, to be present themselves in the
wars, and not to commit the management of the same to any
other persons whatsoever ; and that they could not innovate
any thing in this matter, especially at this time when their
Sovereign was under age." They represented likewise —
" That mercenary soldiers, who had nothing to lose, would

1556.] OF CHURCH AND STATE IN SCOTLAND. 163
never fight so heartily and couragiously as those who had
their own lives, their families and estates, at stake ; and
lastly, That by this new management, the minds of the No
bility and gentry of the kingdom would become so enervated,
that they would easily become a prey to the first invaders."
After this remonstrance, the Queen-Regent fearing lest
that tumultuous insurrections might ensue, did very wisely
and readily give up any further prosecution of that design ;
and frankly owned, after being ripely advised, that these
who had first put her upon it were no friends to the Com
monwealth. It is related even by Mr Buchanan, that she was
often heard to say — " No obscure men of the country were
the authors and architects of that project f1 by which it
plainly appears the Queen's penetration and judgment were
no less conspicuous, in discovering and declining the danger
ous consequences of such a mean of support to her Govern
ment, however much approved of since, than the equity
and justice of her mind were eminent, in publicly confessing
that to be hazardous to the subject, which must infallibly
have rendered her state more firm, and her administration
more secure, against the mutinous caprice of a turbulent
people. The same author, and Bishop Lesly, do both of
them declare, that this project was set on foot at first by the
courtiers, as well Scottish as French. This was the first
time that the resentment against the French ministers did
publicly appear.
During the months of July, August, September, and Octo
ber this year, commissioners2 from Scotland and England
repaired to the village of Dunse, in the county of the Merse,3
and drew up a Treaty of Peace betwixt the two nations.
While this was a-transacting, the Queen went north to
Inverness, where she kept courts, took cognizance of all
crimes and misdemeanors, and severely punished the perpe
trators of them. From thence she came to the towns of
Elgin, Banff, Aberdeen, Dundee, and Perth, in all which she
administered justice, and left the countries through which
she went a great deal more peaceable.
1 He mentions the Earl of Huntly and David Panter, Bishop of Ross.
2 These for Scotland were the Bishop of Dunblane, Richard Maitland
of Lethington, and James Macgill, Clerk of Register ; those for England
were the Bishop of Durham,  3 [Berwickshire. — E.]

164 THE HISTORY OF THE AFFAIRS [1556.
A fresh opportunity for shewing resentments against the
French courtiers was this: — The Kings of France and Spain
being at open war, the French King sent to the Queen-
Regent, desiring her to declare war against England, accord
ing to the league subsisting betwixt the two Crowns ; the
occasion of which desire was, that Mary Queen of England
was preparing to send forces into Flanders, to the assistance
of her husband, Philip II. King of Spain. The Queen-
Regent being inclined to favour the French interest, called
together the Nobles of the kingdom at the monastery of
Newbottle1 in Mid- Lothian, and there requested them to con
cur in a declaration of war against England. But the
Nobles, perceiving that this war was merely intended for the
assistance of the French, and knowing very well that the
English had invited commissioners from Scotland to treat
about settling the Borders, and any controversies that re
mained unadjusted in the last year's treaty ; and that the
commissioners had actually met at Carlisle in the month of
July, viz. Robert Reid, Bishop of Orkney, Henry Sinclair,
Dean of Glasgow, and Sir Robert Carnegie, both Senators
of the College of Justice, and the Lord Herries, Warden
of the Western Marches, on the part of Scotland ; and
Cuthbert Tonstal, Bishop of Durham, the Lords Dacres
and Wharton, on the part of England : I say, the Scot
tish Nobility perceiving the drift of this projected war, did
modestly enough decline it, by telling the Regent that they
could not give their suffrages for it, until they had more
ripely considered the matter.
Meantime the Queen-Regent, by the advice of the French
ministers, orders Monsieur D'Oysel to build a fort at Eye
mouth, which lies near to Berwick, as reckoning the English
would do their best to hinder a garrison from being erected
so near them. The event answered the expectation, and
thereupon the commissioners were recalled from Carlisle. A
herauld is sent to denounce war against the Queen of England,
unless she recalled her forces out of France ; and a procla
mation is emitted by consent of the Nobility, for a general
rendezvous at Edinburgh. And accordingly a considerable
1 [Newbattle Abbey, a modern seat of the Marquis of Lothian, near
Dalkeith, anciently belonged to Cistercian Monks, and was founded by
David I. Some vestiges of the old Abbey still remain. — E.]

1556.] OF CHURCH AND STATE IN SCOTLAND. 165
army did advance towards Kelso, in the month of October,
under the command of the Earl of Arran ; the Earl of
Huntly having before, with the forces that had attended
the Queen, made two or three prosperous inroads into the
English Borders, without meeting with any considerable
resistance. But an affair fell now out, which made a very
quick turn in the Queen's measures. For Monsieur d'Oysel,
of his own motion, and without waiting an order from Coun
cil, carried some French troops and ordnance over the river
Tweed, which so incensed the Nobility, now ready to catch
at any thing that might give a handle to their return, that
they very speedily agreed in council,1 that they thought it not
proper to invade England, and thereby venture the whole
strength of the kingdom, but that the army might continue
on our own Borders so long as it could be maintained. This
was not what the Queen wanted, and therefore she gave
orders for disbanding the army, and left only the French
soldiers at Eyemouth, with some few of her own forces.
On the 14th of December 1557, a Parliament was holden
at Edinburgh, in which the Queen-Regent ordered a letter2
from the King of France, directed to the Estates of Scot
land, to be laid before them, requesting, That some persons
of the first rank might be sent into France, in order to
witness the marriage of our Queen with his son the Dauphin,
1 Thus the matter is related by Mr Buchanan, who likewise adds, upon
what ground I know not, that the Nobles fortified their resolution of not
invading England at this time at the humour of a private person, upon this
ground, viz. " That they were never wont to obey their lawful Princes in
that case." But Bishop Lesly relates, that the Nobles being called, and
having given it as their opinion, that they ought not to invade England at
this time, the Queen thereupon disbanded the army. But he speaks not
a word of Monsieur de Oysel's attempt, though it is not unlikely but he
may have industriously omitted that affair. Howbeit he seems freely to
own, that this matter of the intended war with England, from first to last,
did the Queen a great deal of harm, every body in a manner perceiving
that her mind was wholly turned to serve the interests of the French
King ; and that her enemies, the abettors of the new doctrines, took occa
sion from thence to infuse into the people an aversion against her Govern
ment and religion.
2 Mr Buchanan seems never to have seen it, when he says it contains a
prolix enumeration of the ancient leagues between the two nations, and a
long chain of fair promises from himself to this nation. There is nothing
in the letter but what every person would have said on the like occasion.
See a copy of it in the Appendix, Number IX. — [See also Acta Pari. Scot.
folio, vol. ii. p. 502— E.]

166 THE HISTORY OF THE AFFAIRS [1557.
and to transact what might be proper for them on that occa
sion. In compliance with which, I perceive by the Records,
a commission to have been given the same day to the fol
lowing persons, to go over into France for that effect, namely,
James Beaton, Archbishop of Glasgow ; David Panter,1
Bishop of Ross, Principal Secretary of State ; Robert Reid,
Bishop of Orkney, President of the Session ; George Leslie,
Earl of Rothes, a Privy Counsellor ; Gilbert Kennedy, Earl
of Cassillis, Lord High Treasurer; James Lord Fleming,
High Chamberlain ; George Lord Seton ; James Stewart,
Prior of St Andrews, natural brother to the Queen ; and
John Erskine of Dun.2 I see also in the Records of Parlia
ment a commission by our Queen, dated at Fountainbleau,
16th March 1557, 3 to the very same persons, and to Antonia
de Bourbon, Duchess of Guise, to be her Majesty's Procura
tors at the treaty of her marriage ; and likewise a Procura-
tory, dated at Bisleburgh,4 the 4th February 1557, from our
Queen- Regent, to the same Duchess Dowager of Guise her
1 This Prelate went not on this commission. It would appear by this
time he had turned sickly, for he died first October next year at Stirling.
He was a, man of excellent learning, and notably skilled in the Latin
tongue, as well appears by the Letters of State penned by him while he was
Secretary to King James V. and the Governor the Earl of Arran, pub
lished lately under the title of Epist. Reg. Scot. &c. vol. ii. He was at first
Prior of St Mary Isle in Galloway, and was elected Bishop of Ross in the
year 1545 ; but before his consecration he was sent ambassador to the
Emperor Charles V., Mary Queen of Hungary, Governess of Flanders, &c.
and to the Court of France, where he resided in that quality until his re
turn home in the year 1552, when he was solemnly consecrated in the
presence of a great number of the Nobility at Jedburgh.
2 It is a mistake of Mr Buchanan to say, that only three of these com
missioners were of the Nobility, and two of the order of gentlemen, viz.
George Seton and John Erskine ; for it is certain that George Seton not
only was of the same rank with James Fleming, i. e. they were both Lord
Barons, but I am informed that Seton was the eldest Lord Baron in Scot
land at the time. — [James fourth Lord Fleming and George fifth Lord
Seton.— E.]
3 Whether this and the next Instrument do not both belong to the year
1557-8, as that of the 4th February certainly doth, I can't say ; but the
reader may depend upon these dates being exact.
4 Or Lisleburgh, as I also see it written ; but what place it is I know not.
— [L'Isleburg is the proper reading. Bishop Keith was not aware, when
he wrote this part of lus History, that Edinburgh was very commonly de
signated L'Isleburg by the French, but he afterwards discovered it, as
appeai-s from a note in the tenth chapter of his Second Book. It is likely
that the name originated from the surrounding lakes, particularly the North
Loch on the north, now Prince's Street Gardens, and the Borough Loch

1557.] OF CHURCH AND STATE IN SCOTLAND. 107
own mother, to appear for her, and act in her behalf in the
same affair. Though the Registers of this Parliament be
lost, yet I am enabled to give the reader a pretty exact ac
count of the instructions which were given to the Ambassa
dors from the Records of the next year's Parliament, from
whence also I had a sight of the former papers, when these
ambassadors presented themselves to give an account of their
negociation. At which time they received a very honour
able approbation of their management, in the body whereof
is engrossed the substance, at least of all their Instructions,
and that at much greater length than what is contained in
the Parliament's nomination of the commissioners ; which
Instruments, upon that account, the reader will find in the
Appendix.1 The Instructions were in short, lmo, They have
orders to obtain from their Sovereign before her marriage,
by and with the advice of her Curators, and again after her
marriage, by and with the advice of the King of France, and
the Dauphin her husband, a ratification of the Act passed
in the Parliament holden in the convent near Haddington,
July 7th, 1548, touching the sending her Majesty into France.
2do, To obtain from the King of France a ratification of
his former promises made to the Duke of Chastelherault,
for aiding and supporting him in his succession to the Crown
of Scotland, if the Queen should chance to die without chil
dren of her own body. Item, To obtain a declaration to the
same purpose from her Majesty and the Dauphin. Item, A
discharge to the said Duke for all his intromissions with the
public money, &c. during his government. 3tio, To obtain
from the Queen and Dauphin a promise, in ample form, to
observe and keep the liberties and privileges of the realm of
Scotland, and the laws of the same, whole and entire, as in
the days of all her royal progenitors Kings of Scotland.
4to, That the Queen and her future husband grant a com
mission for a Regent2 to govern the kingdom of Scotland.
on the south, the bed of the latter being now the spacious parks or fields sur
rounded with trees, the public walks of which are a promenade for the
citizens, called the Hope Park Meadows. Some small lakes were north
of the North Loch, and some were on the east of the city, one of which,
Lochend, is still seen. — E.] 1 Appendix, Number X.
2 This Commission was granted to the Queen-Mother anew, and the
original of it is to be seen in our Records. Both the Request and the
Concession sei've to discover the partiality or unexactness of the author of

168 THE HISTORY OF THE AFFAIRS [1557.
These I take to be the principal heads of the Instructions
given to the ambassadors ere they went to France. They
set sail from Leith in the month of February 1557-8, and in
their passage they met with a violent storm, insomuch that
one of their ships was lost about St Abb's Head soon after
their departure, and another near to Bologne, in which port
at last they all safely arrived, at least as to their persons.
Upon their arrival at the French Court, in the month of
March, they quickly set about the performance of their In
structions, and easily obtained the Ratifications, Declarations,
&c. which I have already mentioned ; the true originals of
all which are to be seen bound up with the Register of the
Parliament 1558, according as they were presented to that
Parliament by the ambassadors themselves at their return
home. But it is choaking to hear of the perfidiousness of the

the History of the Reformation in England, if he meant that no such
regulation was now taken care of, when he says thus, vol. 3d, p. 280, edit.
1715: — " It was a great piece of foresight (viz. in the treaty with England
a/nno 1543) to secure the nation, by having a Governor with full powers
still residing amongst them. In the subsequent treaty with France there
was not that care and precaution used." If by (lie subsequent treaty with
France, he mean a treaty of marriage different from this present one,
though he were yet alive, it would cost him all his skill to find it out,
except it were by hearsay. As to what this right reverend author says,
p. 279 — " It seems they (the Parliament) intended that no Peers should be
created, but with the concurrence of the Parliament ; for the Lord
Governor, with the advice and consent of the Estates of Parliament, made
the Lord Stewart of Ochiltree a Peer, to have vote and place in Parlia
ment," the matter was this: — Andrew Stewart Lord Avondale, did in the
year 1534 exchange that Lordship with Sir James Hamilton of Finnart
for his Barony of Ochiltree ; and the alteration of the title of Lord Avon-
dale to that of Ochiltree was ratified in the Parliament 1542-3 in these
express words — " The quhilk day my Lord Governour, with avise and con
sent of the three Estatis of Parliament, hes create, maid, and ordainit
ane nobil and myty man Andrew Lord Avandale Baroun and Baroun-rent,
and Lord of our Souvrane Ladyis Parliament, and to be callit he and his
successouris in tyme to cume Lord Stewart of Ochiltre, and to haif vote
and place in the Parliament as utheris Lordis of the Realme aucht and
sould haif in the saim, haifand all honours and dignities efferand thairto."
This is all the foundation the Bishop has for his observation. I suppose
it is not unusual to ratify in Parliament such excambions of lands and new
titles at this day, though nobody will thereupon infer that the Sovereign
cannot create a Peer without consent of Parliament. Besides, I know not
if a Governor or Regent of a, kingdom can create a Peer by his own
authority ; perhaps not even by consent of Parliament. I omit to take
notice of some other escapes in Dr Burnet respecting the dates of
papers, &c.

1557.] OF CHURCH AND STATE IN SCOTLAND. 169
French Court at that time. For notwithstanding all the so
lemn declarations made by that King, his son the Dauphin,
and our Queen, yet in one day, viz. the 4th of April, they
make the poor young Queen subscribe the three following
papers, viz. One, wherein she makes over the kingdom of
Scotland in free gift to the King of France, to be enjoyed
by him and his heirs, in case she shall happen to die without
children. Another, in which, lest, I suppose, that King
might be disappointed in the former, she is made to assign
to the King of France the possession of the kingdom of
Scotland, after her decease without children, until he shall
be reimbursed of a million of pieces d'or, or of any greater
sum that he shall be found to have expended on her enter
tainment and education during her abode in France. And
a third, the worst of all, by which the Queen declares, That
although both before her marriage and after it, in compliance
with the desire of her Parliament, she shall sign a declara
tion touching the lineal succession of her Crown, yet she
protests that the genuine sense of her mind is only contained
in the two preceding papers.1
After the ambassadors had obtained every thing that was
contained in their Instructions previous to the marriage,
they afterwards, on the 19th day of April, proceeded to the
marriage-contract betwixt their Sovereign and Francis,
Dauphin of France. It was drawn up in the French lan
guage, and because some curious persons may perhaps de
sire to see it verbatim according to the original, I have put
it in the Appendix,2 but shall notwithstanding give the Eng
lish reader a short account of its principal contents. It is,
as I have said, dated the 19th day of April 1558, and con
tains an obligation to celebrate the intended marriage on
Sunday thereafter, being the 24th of that month. The
jointure assigned by it to our Queen is 60,000 livres, in case
the Dauphin shall die King of France ; or a greater sum, if
1 Copies of these three Instruments are to be seen in a fine large MS.
in the Lawyers' [Advocates'] Library, containing all the Treaties, &c. be
twixt our Kings and the Kings of France. It is said this was transcribed
from the Registers of France by order of the late King Louis XIV., and
given as a present by that monarch to Graham Viscount of Preston,
Minister from our King Charles II. to the Court of France, who requested
to have this in place of a gift in gold.
2 Appendix, Number XI.

170 THE HISTORY OF THE AFFAIRS [1557.
such shall be found to have been ever given to a Queen of
France ; and it provides 30,000 livres, in case her husband
shall die being only Dauphin. The eldest son of the marriage
to be King of France and Scotland ; the eldest daughter, in
case there be no sons, to be Queen of Scotland only, and to
be given in marriage by the advice of the King of France and
the Estates of Scotland ; and besides her inheritance of this
kingdom, to have, as a daughter of France, 400,000 crowns in
portion, and each younger daughter 300,000 crowns. After
the death of her husband, the Queen to be at liberty either
to remain within France, or return into Scotland at her
pleasure ; and to carry along with her, her servants, cloaths,
jewels, and such other things as belong to a Queen of France ;
and to have her jointure duly paid her, in what place soever
she shall choose to abide. The commissioners from Scot
land to give presently after the marriage, in name of the
Estates of Scotland, an oath of fidelity to the Dauphin,
during the subsisting of the marriage. And the Dauphin
shall bear the name and title of King of Scotland, and have
his arms quartered with those of Scotland ; and when he
comes to be King of France, shall bear the titles and arms
of the two kingdoms of France and Scotland united under
one Crown. And to this all parties concerned did likewise
promise and swear.
In consequence of this contract, the marriage betwixt
Francis, Dauphin of France, and Mary, Queen of Scotland,
was solemnized at Paris on Sunday the 24th of April 1558,
the ceremony being performed by the Cardinal of Bourbon,
Archbishop of Rouen, in the cathedral church of Nostre
Dame or Our Lady. And upon the 28th of that month,
the commissioners from Scotland took an oath of allegiance
to the King-Dauphin and the Queen, in name of the Estates
of Scotland, a copy whereof see in the Appendix.1 Thus
far we are led in a sure path by the faith of public Records ;
but now we must again have recourse to our historians.
After some time was spent in nuptial feasting and mirth, we
are told by Mr Buchanan, that the Scottish Commissioners
were called into the Royal Council of France, where the
Chancellor of that kingdom recommended to them, to deal
1 Appendix, Number XII.

1558.] OF CHURCH AND STATE IN SCOTLAND. 171
with the Parliament of Scotland, to deliver up to the hus
band of their Queen the Crown and other ensigns of Royalty,
and that he should hereafter be styled and declared King of
Scotland. To which, that author says, they made answer —
That they had received no commands concerning that matter.
And that when the Chancellor replied, no more was desired
of them at present than what was in their power, viz. that
when these matters should come to be proposed in the Par
liament of Scotland, they would give their suffrages in the
affirmative, and in the mean time give it under their hands
that they would do so ; their answer was — That their
embassy was limited by certain Instructions"-, which they
neither could nor would transgress ; but if they had been
left free from all restriction, yet it was not the part^of faith
ful friends, to require that of them which they could not
grant without certain infamy and treachery, though there
were no danger of life in the case : — that they were willing
to gratify the French, their old allies, as far as the just laws
of amity required, and therefore they desired them to keep
within the same bounds of moderation in making their
demands. Thus far this author, who seems to say, that
soon after this the ambassadors were dismissed from Court.
It is indeed certain that there was such a motion as this
made in France, as I shall soon have occasion to inform the
reader ; but whether it underwent all these different steps,
I cannot say. Another of our historians informs us, that
during the abode of our commissioners in France, James
Stewart, Commendator of the Conventual Priory of St
Andrews, the Queen's natural brother, being wearied of an
ecclesiastick life, made suit to the Queen to be created Earl
of Moray ; but that the Queen, being advertised of this
design by her mother, exhorted him to continue in his
sacred function, to which his father had destined him ; and
the better to persuade him to do so, she gave him hopes of
Church preferments both in France and Scotland ; which
refusal he took in so ill part, that ever thereafter he set
himself to oppose the Queen-Mother.
After the Commissioners were come the length of Dieppe,
there to embark for Scotland, it is very remarkable that no
less than three of their number died in that place, viz. the
Bishop of Orkney on the 6th of September, the Earl of

172 THE HISTORY OF THE AFFAIRS [1558.
Rothes about two days after, the Earl of Cassillis1 on the
14th of the same month ; and the Lord Fleming having
sickened there, returned to Paris, where he died on the
18th of December. Several persons also of their retinue
having died, and all this falling out at a time when there
was no pestilentious disease in the country, created in the
minds of men a strong suspicion of poison, and did very much
contribute to sharpen the hatred against the French. And
even Mezeray, the French historian, seems to assent to the
suspicion of poison, by the contrivance of the Duke of
Guise and his brothers, lest these commissioners should put
a bar to their intended measures against this kingdom. The
other four commissioners arrived at Montrose, a town lying
on the north side of the river South Esk in Angus, in the
month of October ; and immediately after their arrival, a
Parliament was summoned to meet at Edinburgh, on the
29th of November 1558. And because Bishop Lesly tells
us that this Parliament was fully convened, in order, no
doubt, to hear the report of the ambassadors, I shall here
give the number of the members, as I find them in the Rolls.
They are as follows, viz. seven Bishops, sixteen Abbots,
thirteen Earls, fifteen Lords, two Masters, ten for the Bur
rows ; in all, sixty-three.2
On the first day of the Parliament, the four Commissioners
who had the good fortune to return home safe, exhibited the
several papers which have been already named, as being the
'. Though Bishop Lesly gives these dates, yet it is very doubtful
whether they be exact as to the death of the Earls of Rothes and Cassillis,
since in the Register of the Parliament holden the 29th of November 1558,
mention is made of these two Earls as remaining yet in the parts of
France. 2 The reader is not to think that I have here omitted the representation
of the shires in Parliament, for at that time the Earls, Lords, and Mas
ters, are all marked in the Rolls under the title of pro Baronibus. And yet
sometimes we meet with the Order of Barones, as well as those of Comites,
Domini, and Magi.tri. Gentlemen came seldom to the Parliament. — [In
this Parliament were the Archbishops of St Andrews and Glasgow, four
Bishops, and sixteen Abbots, as Bishop Keith states, and the Earls were
only thirteen in number — Atholl recorded as "per procuratorem," which
reduces them to twelve. Bishop Keith's other statements are correct.
Acta Pari. Scot, folio, vol. ii. p. 503. The Duke of Chatelherault, though
not recorded as present at the opening of the Parliament, was chosen one
of the Lords of the Articles, as was also the Abbot of Holyroodhouse,
who was in a similar position. — E.]

1558.] OF CHURCH AND STATE IN SCOTLAND. 173
authentic documents of the success of their negociation ; and
together with these, an Act of Naturalization granted by the
King of France to all Scotsmen, to enjoy all the privileges
and immunities of the natural born subjects of his kingdom.1
Which papers having been seen and read in the Parlia
ment, an Act was passed that same day, declaring them to
have faithfully and honestly discharged the office and trust
reposed in them. Next I find in the Records of the same
date, an account of the project for honouring the Dauphin
with our Crown, and the title of King. I shall not pretend
to give the reader any abstract of it, but rather choose to
satisfy his curiosity, by inserting here the motion made by
the commissioners to that effect in face of Parliament, and
the Act that immediately followed thereupon.
" Item, the foresaid Commissionaris, eftir the schawing and
delivering of the Quien's Grace our Soverane's writtingis,
direct to the Thrie Estatis in general, and als her Hienes
special particular writtingis direct to severale personis of
the said Estatis, haifand the credite referrit to thame, de
clarit that our said Soverane desyrit the Thrie Estatis of
her Realme suld finde it gude, and consent thairto, that
hir Hienes may honor hir spous, the King Dolphine, with
the crowne matrimonial, be way of gratificatioun during the
marriage, without ony manner of prejudice to hir Hienes
self, the successioun of hir body, or lauchful successioun of
hir blude quhatsomevir. And this crowne to be send with two
or thrie of the Lordis of hir realme, to the entent that the
maist Cristin King, and King Dolphine, hir husband, may
understand with quhat zele and affectioun hir subjectis are
myndit to observe and recognos hir said spous. The Quenis
Grace Dowriare and Regent, and Thrie Estatis foresaid,
hes thocht and declarit the said desire gude and ressonabill,
and consentis thairto during the mariage allanerlie, but
prejudice of our Soverane Ladie, the successioun of her

1 In retaliation of the Act of Naturalization granted by the King of
France to all Scottishmen, our Parliament at this time passed a like Act
of Naturalization of all Frenchmen, to enjoy the privileges of home-born
subjects ; copies of both which Acts are to be seen in our printed Acts
of Parliament. — [This Act is not in the Collection, under this date, printed
by command of George III. — E.]

174 THE HISTORY OF THE AFFAIRS [1558.
bodie, or lauchful successioun of hir blude quhatsumevir, and
liberteis of this realme, and thairfore hes ordainit and or-
danis A, B, C, or ony of thame, sick as plesis the Quenis
Grace to name, to pass with the said Crowne to the effect
foirsaid allanerlie.
" Item, The Quenis Grace Dowriar and Regent foirsaid,
and Thrie Estatis of Parliament, ordanis the Commissioun
or Commissiounis to be maid to the Commissionaris depute
to pass with the Crowne matrimonial, conform to the Act
maid thairupon, to pass in the haill Estatis names, and to
be seilit with sex of the principale of every Estate, and
subscribit with thair handis. Quhais seillis and subscrip-
tiounis sail be als autentick and sufficient as and the samyn
wer seillit and subscrivit with every perticulare persoun of
the said Estatis havand voit in Parliament, as said is."
After this Act, there is to be seen in the same Records,
a long protestation entered in Parliament by the Earl of
Arran, the substance whereof is contained in the following
clause : — " That notwithstanding ony Counsale or consent
beis gevin in this rynnand Parliament, othir in generale be
the Thre Estatis, or ony parte thairof, to the coronatioun of
the sade mast excellent and puissant King Daulphine ; or
quhat contract or consent it sail happin ony persoun or per
sonis that passis thairwith, or sail be depute thairto be
Commissioun, to mak or gife to the sade Coronatioun ; that
the samyne na way prejuge us and the rychtius blude fore-
sade, anent the successioun and titill that every ane of us
may have to the sade Croun ; bot that wi may succid
thairto immediately, ilk ane in our awn degre, gife it sail
happin, as God forbid it do, our sade Soverane departe of
this mortale life without airis ischeit of hir body, conform
to equitie, ressoun, and the sade Christin Kingis promis,
with ratifieatioun bayth be his Hieness self and the sade
King Delphine, befoir and effcir the contracting of the sade
marriage, the lawis of this realme, and articlis that wes
directit and obtenit be the Commissionaris for completing
of the said mariage."1
By this account the reader distinctly perceives all that
1 [Acta Pari. Scot, folio, vol. ii. p. 506, 507.— E.]

1558.] OF CHURCH AND STATE IN SCOTLAND. 175
past in Parliament, with respect to this whole affair of the
marriage of our Queen. I shall only add, that whereas it
hath been a very current report that the last mentioned
Act, concerning the Crown matrimonial, was brought to bear
by the art and rhetoric of French ambassadors, as related
by Mr Buchanan, I can assure the world there is not one
syllable of an ambassador from France to be met with, ,nor
is there any mention made of the particular persons that
were nominated by the Queen to pass into France, to carry
the Crown matrimonial thither ; though I doubt not but her
Majesty did, according to the power she was invested with
by the Parliament, nominate the Earl of Argyll and the
Prior of St Andrews to go on that errand, as the above
mentioned historian and Bishop Lesly do both relate. But
whatever be in this, certain it is, that our Crown was never
sent into France ; nor do these historians say that the two
persons above mentioned went thither. On the contrary,
they tell us, that being either not much inclined of them
selves to undertake the journey, or being dissuaded by those
of their own party, for they were both mighty favourers of
the projected Reformation, who were afraid that during
their absence they might stand in need of the great power
of the Earl of Argyll, and the crafty wit of the Prior of
St Andrews, they shewed no great inclination, but delayed
from day to day to fit up their equipage ; and at last gave
up all thoughts of going upon that embassy, by reason of
some things which fell out about that time, as shall be re
lated in the next Chapter. There is nothing else material
to be met with in the Records of this Parliament, which
seems to have sate only two days, except that on the 5th of
December, the Acts of Forfeiture past against Crichton
of Burneston and Cockburn of Ormiston, on the 14th of
December 1548, for aiding and assisting the English in the
spring of that year, were now reversed.1
Mary, Queen of England, having died on the 17th day of
November in this year, and things having succeeded so
favourably for the French interest in our Parliament ; this
so buoyed up the leading men at that Court, who were
1 [The "Process of Reduction" of the Forfeiture of Alexander Crichton
of Brunstane, and John Cockburn of Ormiston, was passed on the 5th
of December. Acta Pari. Scot. vol. ii. p. 520, 522. — E.]

176 THE HISTORY OF THE AFFAIRS [1558.
chiefly the Family of Guise, uncles to our young Queen, that
immediately upon hearing the account of the Queen of
England's death, they declared our Queen to be Queen
of England by right of blood, in exclusion of Elizabeth,
daughter indeed to King Henry VIII., but born, as was
alleged, of an unlawful bed, whilst that King's wife, the
mother of the lately deceased Queen Mary, was yet alive.
And in consequence of this recognition, the arms of England
were engraven and quartered with the arms of Scotland and
France, on all the plate and household furniture belonging
to our Queen and her husband the Dauphin. Whatever
right our Queen might claim to the Crown of England, yet
there could not be a more improper juncture than the pre
sent to make declaration of that right, seeing the affairs of
Scotland were in great perplexity at this time, by reason of
the prevailing force of the favourers of the new doctrines,
and that England seemed to be pretty unanimous in defence
of their new Queen, who, as she was a woman of quick
natural parts, and of a religion contrary to that of our
Queen, laid this action of the French Court so much to
heart, that she took all methods thereafter to support those
of her persuasion within Scotland, and consequently to
humble our Queen's authority, the particulars whereof will
best appear in all the subsequent parts of this History
during her reign.1
N.B. — Because after this period, matters ecclesiastical, if
they can be so called, did entirely take up the whole atten
tion of the Regent and her Council, any affairs relating to
the State being altogether blended with and lost in these ;
or perhaps, to speak more properly, because all Church-
Matters were henceforth turned into a State-Policy, I shall
not be able, at least for some time, to treat separately of
these affairs, but shall be necessitated to lay them before
my readers under the general title of Public Affairs.
1 [The above proceedings, imprudent, ill advised, and most injudicious,
of declaring the Scottish Queen Mary to be Sovereign of England, to the
exclusion of Queen Elizabeth, and the quartering of the arms of England
with those of Scotland and France, were eventually fatal to Queen Mary.
The whole was considered an insult which was never forgiven by Queen
Elizabeth, and when we recollect her character, this is not surprizing. — E.]

1558.] OF CHURCH AND STATE IN SCOTLAND. 177

CHAPTER VIII.
CONTAINING AN ACCOUNT OF PUBLICK AFFAIRS, FROM THE
MONTH OF NOVEMBER 1558, UNTIL THE TAKING OF THE
TOWN OF PERTH BY THE CONGREGATION, IN THE END OF
JUNE 1559.
Having already given an account of the first rise of the
Congregation, a name that came afterwards to be much
talked of in Scotland, as being the common appellation by
which those persons did denominate themselves, who entered
into an association to promote a Reformation, such as it was,
in religion, and to set up a separate Form, agreeable to their
own notions, and for that purpose to defend each other
mutually against all opponents whatsoever ; the thing that
comes naturally now before us is, to follow forth the subse
quent steps made by those of the Congregation, in order to
accomplish the business for which they had formed their
association. But before we advance, it will not be amiss
to observe that their agents could not so privately travel
into the several counties, nor subscriptions so latently be
obtained, but the Court must have information thereof ;
and accordingly we find that the Queen- Regent did lay the
matter so to heart, especially now that Mary the Popish
Queen of England was dead, and Elizabeth a Protestant
advanced to that throne, that she laboured what she could
to make up the differences that had arisen in point of reli
gion, though there is no doubt but she would have laboured
still more, had she suspected what very quickly followed.
For the sticklers for a Reformation understanding, by the
numerous subscriptions that were returned, that the greater
part of the populace were inclined for them, and foreseeing
by their numbers that matters would soon come to an ex
tremity, it not being probable that their adversaries would
join party with them, and that they themselves were resolved
not to be overawed by a party less considerable than them
selves ; they therefore, by joint consent, that they might not
seem to contemn the legal authority, determined to present
their demands to the Queen-Regent and her Council ; to
12

178 THE HISTORY OF THE AFFAIRS [1558.
which they prefixed a pretty large preamble, which I take
the freedom to present here to the reader.
" The first Oration and Petition of the Protestants of Scot
land to the Queen-Begent.
" Albeit we have of long time contayned ourselves in that
modestie, most noble Princesse, that neither by exile of body,
losse of goods, nor perishing of this mortall life, was able to
convene us, to aske at your Grace reformation, and redresse
of those wrongs, and of that sore griefe patiently borne of
us, in bodies and minds, of long time ; yet are we nowe, of
very conscience, and by the feare of our God, compelled to
crave, at your Grace's feet, remedy against the most unjust
tyrannie used against your Grace's most obedient subjects,
by those that be called the Estate Ecclesiastical. Your
Grace cannot be ignorant, what controversie hath bin, and
yet is, concerning the true religion, and right worshipping of
God ; and how the Clergie, as they will be termed, usurpe
to themselues such empire above the consciences of men, that
whatsoever they commaund must be obeyed, and whatso
ever they forbid must be avoyded, without farder respect to
God's pleasure, commaundement, or will, revealed to us in
his most Holy Worde ; or else there abideth nothing for
us but fagot, fire, and sword. By the which many of our
brethren most cruelly and most unjustly have bin stricken
of late years within this realme ; which nowe we finde to
trouble and wounde our consciences. For we acknowledge
it to have bene our bounden duties before God, either to
have defended our brethren from those cruell murtherers,
seeing we are a parte of that power which God hath esta
blished in this realme, or else to have given open testifica
tion of our fayth with them. Which now we offer ourselves
to doe, lest that, by our continuall silence, we shall seeme to
justifie their cruell tyrannie : which doth not only displease
us, but your Grace's wisdome most prudentlie doth foresee,
that for the quieting of this intestine dissention, a publicke
reformation, as well in the religion, as in the temporall go
vernment, were most necessarie. And to the performance
thereof, most gravely and most godly, as we are informed,
ye have' exhorted, as well the Clergy as the Nobilitie, to
employ their studie, diligence, and care. We therefore of

1558.] OF CHURCH AND STATE IN SCOTLAND. 179
conscience dare no longer dissemble in so weighty a matter,
which concerneth the glorie of God, and our salvation :
neither now dare we withdrawe our presence, or counsell, or
petitions, lest that the adversaries hereafter shall object to
us, that place was graunted for reformation, and yet no man
sued for the same, and so shall our silence be prejudiciall unto
us, in time to come. And therefore we, knowing no other
order placed in this realme but your Grace and your grave
Counsel, set to amend, as well the disorder ecclesiastical, as
the defaults in the temporal regiment, most humblie pro
strate ourselves before your feete, asking justice, and your
gracious help, against them that falslie traduce and accuse
us, as that we were heretikes and schismatikes, under that
colour seeking our destruction ; for that we seeke the amend
ment of their corrupted lives, and Christes religion to be re
stored to the originall puritie. Farther, we crave of your
Grace, with open and patent eares to hear those our sub
sequent requests ; and, to the joy and satisfaction of our
troubled consciences, mercifullie to graunt the same, vnlesse,
by God's playne word, anie be able to prove that justly they
ought to be denied."1
In this petition the reader will observe two things that
are not a little remarkable. One is, they declare — " That
hitherto neither the exile of body, loss of goods, nor perish
ing of this mortal life, had been able to make them ask Re
formation at her Majesty, and redress of those wrongs, but
that now they are compelled to crave it by very conscience
and the fear of God." Now, though it is no easy matter to
judge of the consciences and thoughts of others, yet one
may, without breach of charity, be tempted to suspect that
a confidence in their numbers, as much as any thing else,
had so inspired these Congregationers with courage and re
solution to do then what they had not dared to do before.
The other remarkable paragraph in their supplication is —
" That they acknowledge it to have been their bounden
duties before God, either to have defended their brethren
from their cruel murderers, seeing," say they, " we are a part
1 [With this " oration" or " petition" the Second Book of John Knox's
History of the Reformation commences. It is polite and civil when com
pared with others which followed. — E.]

180 THE HISTORY OF THE AFFAIRS [1558.
of that power which God hath established in this realm ; or
else," &c. Compare this with these following words, viz. —
" We knowing no order placed in this realm but your
Majesty and your grave Council, set to amend, as well the
disorder ecclesiastical, as the defaults in the temporal regi
ment." Might not the Queen and Council, after comparing
these expressions together, be a little startled at the subtlety
of the doctrines of these supplicants, and easily prognosti
cate what would follow, according as their power and force
increased ? And indeed Mr Buchanan very honestly ac
quaints us with what they themselves reckoned on as the
consequence, should the Queen-Regent refuse her consent to
their supplication and demands. For in that event he tells
us, it was the common opinion, that the multitude could not
be restrained from an insurrection ; which, in other terms,
was much the same as to declare, that in such an event,
there certainly shall be an open rebellion.
The demands annexed to the Supplication were these —
" I. That it may be lawful to meet publickly or privately to
common prayers in the vulgar tongue, to the end they might
grow in knowledge, and be induced, in severity of prayer, to
commend to God the holy universal Church, the Queen our
Sovereign,1 her honourable and gracious husband, the ability
of their succession, her Grace the Regent, the Nobility and
whole Estate of this realm.
" II. That it shall be lawful for any qualified person in
knowledge, to interprete any hard places of scripture that
shall happen to be read in the meetings.
" III. and IV. That Baptism and the Lord's Supper be ad
ministered in the vulgar tongue ; and this last in both kinds,
according to our Saviour's institution.
" V. That the wicked and scandalous lives of Churchmen
be reformed, according to the rules contained in the New
Testament, the writings of the ancient Fathers, and the Laws
of Justinian the Emperor. Which three they are willing
shall decide the controversy betwixt them and the present
clergy.2" 1 How defective these men were in this, their future behaviour will
best evidence.
2 [In Knox's History of the Reformation, Glasgow edition, p. 120, 121,

1558.] OF CHURCH AND STATE IN SCOTLAND. 181
We understand by Mr Buchanan, that these demands
and supplication were presented to the Queen-Regent by Sir
James Sandilands of Calder, about the time of the sitting
of the Ecclesiastick Convention at Edinburgh, in the month of
November 1558,1 mentioned in the foregoing Chapter of
Church Affairs. The same author tells us likewise, that de
mands to the same purpose were presented to that Conven
tion by the gentlemen of the Congregation, and that the
clergy were willing to have allowed Prayers, Baptism, and
the Holy Communion, to be performed in the language com
monly used in the country, provided that the reformers
would keep up the Mass, and acknowledge a purgatory after
this life, and prayers to the saints and for the dead ; but as
to the election of parish ministers, the Canons of Councils
behoved to take place. It is also related by the same hand,
that in this ecclesiastick assembly, the Bishops were appoint
ed to take information, in their several Dioceses, of such
persons as neglected to give obedience to the laws of the
Church ; and that when Mr Erskine of Dun came to them
from his brethren of the Congregation, to ask a toleration to
worship God in their mother-tongue, he was sent back with
nothing but threats and reproaches. With respect to the
reception which the supplication met with from the Queen,
though it be certain her Majesty relished it no better than
did the clergy, yet because the Parliament was approaching,
wherein the commissioners that had been present at her
daughter's marriage, of which number Mr Erskine of Dun
was one, were to give an account of their reception, &c. in
France ; and in which Parliament, the Queen still wanted
some Acts to pass in favours of her son-in-law the Dauphin of
France, she thought it best to keep them in hope, telling
them — That all they could lawfully desire should be granted
them in a proper season, and that for the present they
might use their prayers, &c. in the vulgar tongue ; but with
this " Petition," containing the demands of the new Reformers, is more
extended. Bishop Keith gives merely the substance. — E.]
1 It is evident from the first demand, that the Queen was married be
fore they were presented, and yet Mr Knox says, that Walter Mill was
put to death sometime after the presentation of the demands, whose exe
cution, nevertheless, he fixeth to the 8th of April 1558, which was above
two weeks before the Queen's marriage. But that writer has formerly
told us, that he relates facts, but is no observer of times and seasons.

182 THE HISTORY OF THE AFFAIRS [1558.
this exception, that they should not assemble publickly in
Edinburgh or Leith, for preventing of tumults. And Mr
Knox informeth us, that the Congregation departed from the
Queen fully satisfied with her answer ; and he farther says,
that they used themselves so quietly, that for her pleasure
they put to silence Mr John Douglas, who would have
preached in the town of Leith.1
At the time of the meeting of the Parliament, in the latter
end of November 1558, those of the Congregation, did with
one consent, frame a humble supplication to that supreme
Court, to which were annexed these following requests2 —
"I. That all Acts of Parliament, impowering Churchmen to
proceed against them as hereticks, may at least be suspended,
until a general council of the Church, lawfully assembled,
shall decide the present controversies in religion, and that
in the interim Churchmen be only allowed to accuse, but not
to judge. " II. Lest this preceding demand should seem to set all
men at liberty to profess what religion theypleased, therefore
the Parliament are requested to enact, — That transgress
ors of this kind be carried before a temporal judge, reserv
ing power only to Churchmen to accuse as above, with this
special proviso also, that an authentic copy of the accusation,

1 [" The Queen Regent" writes Knox in his usual scurrilous and pre
judiced style — " Ane woman crafty, dissimulate, and false, thinking to
make her profit of both parties, gave to us permission to use ourselves
godly according to our desires, providing we should not make pubhc
assemblies in Edinburgh or Leith, and did promise her assistance to our
preachers, until some uniform order might be established by a Parlia
ment. — We nothing suspecting her doubleness, nor falsehood, departed
fully contented with her answer, and did use ourselves so quietly, that
for her pleasure we put silence to John Douglas, who publicly would have
preached in the town of Leith, for in all things we sought the contentment
of her mind, so far furth as God should not be offended with us for obey
ing her in things unlawful." History of the Reformation, folio, Glasgow
edition, 1-733, p. 121, 122. A grosser misrepresentation of the conduct of
the Queen Regent by Knox and his associates could not have been
penned. He subsequently charges the Queen-Regent with " consenting "
to the execution of Walter Mill — an affair of which she probably knew
nothing. — E.]
2 [In Knox's History are the " Form of the Letter given to the Parlia
ment," a long document, and also the " Form of the Protestation [to be]
made in Parliament." — E.]

1558.] OF CHURCH AND STATE IN SCOTLAND. 183
depositions, &c. be delivered to the person accused, and that
the judge allow him a competent time to answer the same,
after having taken sufficient bail for his appearance at the
day appointed.
" III. That all defences competent in law be allowed to
the persons accused, and they to be at liberty to except
against witnesses according to law.
" IV. That the party accused be allowed to interpret
his own mind and meaning, and that his declaration be pre
ferred to the deposition of any other witness whatsoever,
seeing no person ought to suffer for religion, that is not
found to be obstinate in his opinions.
" V. That none of the Congregation be condemned for
heresy, unless they be convicted by the word of God, to have
erred from the faith which the Holy Scripture witnesseth to
be necessary to salvation."
This petition, with the annexed demands, were first shown
to the Queen-Regent, and it seems they expected her assist
ance in getting them past into a law by publick authority ;
but she told them that now was not a proper time for
preferring their requests to the Parliament, where so many
Churchmen did sit, who would undoubtedly oppose her, not
only in that, but in all her other affairs, which at that time
were very great; but, said she, how soon order can be taken
with these things, which might now be hindered by the
Churchmen, ye shall know my good mind, and in the mean
time, whatsoever I may grant unto you shall gladly be
granted. But this answer of the Queen not satisfying the
leading men of the party, and they, knowing that their de
mands could not be passed into a law without her Majesty's
consent, saw themselves brought under a necessity of com
plying so far, as to forbear presenting them to the Estates,
and to rest satisfied with offering a protestation, which it is
said was read in Parliament, but when they desired it might
be inserted in the Records thereof, that was denied them ;
only the Queen-Regent told them, that she would remember
their protest, and should put a good end to all things that
were then in controversy among them.1 And indeed Bishop
1 [" These our Protestations publicly read," says Knox, " we desired
them to have been inserted in the Common Register, but that by labouis

184 THE HISTORY OF THE AFFAIRS [1558.
Lesly acquaints us how that the Queen took much pains to
prevent the divisions that appeared to encrease in the minds
of the people concerning religious matters ; and for that
purpose she recommended mutual entertainments and ban
queting among the Nobility, as being a prevalent mean of
cementing differences and animosities. But her Majesty's
good example and advice was utterly slighted, and therefore
she went upon another expedient, which was to convene at
Edinburgh all the ecclesiasticks of the kingdom that were
known to be men of learning and capacity, that they might
fall upon some method to heal the present sores that had
infected the body of the Church. The same author tells us
that this Synod sate down on the 2d of March,1 and that

of our enemies was denied unto us. Nottheless the Queen-Regent
said — ' We will remember what is protested, and we shall put good
order after this to all things that be now in controversy.' " This was
a mild and prudent answer, yet Knox raged because the illegal protests
of his associates were not allowed to be inserted in the Records of Par
liament. — E.]
1 It would appear to have been this Synod that Mr Knox says was sit
ting, when he arrived in Scotland in the beginning of May 1559. — [Sir
James Balfour (Annals, vol. i. p. 313) notices this Synod in his usual
coarse style — " In the beginning of the year 1559, the clergy keep a
solemn Synod at Edinburgh, to advise anent the most assured props they
could to uphold the tottering Hierarchy. To them the Professors of the
Gospel gave in some Articles, whereat the Bishops and clergy fumed and
raged, but instead of answering them, they published a number of Articles,
indeed blasphemies, against Christ, his Evangel, and the professors of the
same." Such language, distorted by partizanship, defeats its own object,
and is moreover a gross misrepresentation. The history of the matter is
simply, that at the instance of the Queen-Regent a Provincial Synod was
held at Edinburgh, and the deliberations appear to have differed little
from those of former Councils. Several persons under prosecution for
heresy were ordered to make a public recantation at the Cross of Edin
burgh — a sentence, which, it is almost needless to observe, they utterly
disregarded. Erskine of Dun appeared before the Synod on the part of
the self-styled " Professors of the Gospel, or " Congregation," beseeching
the Bishops to desist from violent measures, and to comply with the
popular request that the public services of the Church should be performed
in the common tongue. This demand was rejected ; the Decrees of the
Council of Trent were again declared obligatory on the Scottish Church ;
some enactments were ratified on the observance of celibacy, and Bishop
Hepburn of Moray, imagining them to be applicable to himself, justified his
own conduct by referring to the example of Archbishop Hamilton. The
Poems of Sir David Lindsay of the Mount were also condemned. This
was the last Provincial Synod of the Church held in Scotland during
Roman Catholic times. — E.]

1558-9.] OF CHURCH AND STATE IN SCOTLAND. 185
those of the Congregation then presented to the Queen-
Regent some Articles of Reformation, in matters of religion,
supplicating her Majesty for her consent to the same : which
supplication the Queen delivered to the Synod, by the hands
of the Earl of Huntly, Chancellor of the kingdom. The Ar
ticles are much the same with these formerly presented to
her Majesty. However, I shall here insert them as they are
recorded by that right reverend writer.
" I. That public prayers be conceived, and the Sacraments
administered, in the vulgar tongue.
" II. That Bishops be elected by the consent of the gen
try of the Diocess, and parish priests by consent of the
parishioners. "III. That such incumbents as are insufficient for dischar
ging the pastoral office be deprived of their benefices, and
others put into their offices, who shall be found qualified
and willing to instruct the people by constant and daily
preaching. " IV. That all such Churchmen as are either immoral or
unlearned, be excluded from the administration of the Sacra
ments, and other ecclesiastical functions."
The forementioned Author informs us, that after a long
debate upon these Articles, the Synod returned the following
Answers —
"I. That they could not dispense with the using of any
other language than the Latin in the publick prayers, &c.
as being appointed by the Church under most severe penal
ties, which cannot be infringed without violating the majesty
of God.
" II. That what is decreed by the Canon Law, concern
ing the election of Bishops and Pastors, ought to be main
tained entire. And moreover, seeing the election of Prelates
was a privilege belonging to the Crown, which required only
the consent of the Pope, to determine any thing in oppo
sition thereto, at a time when the Queen was so young,
would be a piece of very high indiscretion and insolence, and
a treasonable incroachment upon the royal prerogative.
" III. and IV. That as to the other two Articles, they

186 THE HISTORY OF THE AFFAIRS [1559.
agreed, that the Decree of the Council of Trent shall take
place, whereby all Churchmen, of what rank and dignity so
ever, are obliged, within six months, either to discharge their
offices in person, or be deprived of their benefices."
The forementioned gentleman informs us that the Queen,
perceiving what was the mind of the Synod, did put on a
resolution to assist the Churchmen in every thing, upon ac
count of which, and of some words that had dropt from
her Majesty, as if she intended by some eminent example
to restore the royal authority, those of the Congregation
apprehending a storm to fall on them at that time, gave
commission to Alexander Earl of Glencairn, and Sir Hugh
Campbell of Loudon, Sheriff of Ayr, to repair to the Queen,
and to beg her not to molest their ministers, unless they
could be charged with preaching false doctrines, or behaving
themselves disorderly. To which the Queen is said in passion
to have replied— That maugre all they could do, these ministers
should be banished, though they preached as soundly as ever
St Paul did. The Earl and Sir Hugh marvelling to see her
Majesty so commoved, humbly besought her to call to mind
the promise she had often made them. She answered, as
they tell it — That promises of princes were no farther to be
urged upon them for performance, than it stood with their
conveniency. Whereupon they rejoined — If this be the re
solution you have formed, we cannot any longer own your
authority, but will henceforth renounce all allegiance unto
you. And withal they advised her to consider what incon
venience was likely to ensue thereupon. This unexpected
answer calmed the Queen a little, so that after a few words
more, she said — She would think how to remedy those evils
in the best and most quiet manner. But soon after adver
tisement being brought to her Majesty, that one of their
ministers had preached publickly in the church of Perth, she
was much disturbed at the news, and calling to her Patrick
Lord Ruthven, then Provost of that city, she commanded
him to go thither, and suppress those tumults and novations
in religion. His answer was — " That he should make their
bodies and goods subject to her, but as for their minds and
consciences, he had no power over them ;" at which answer
she was so displeased, that she vowed to make both him and

1559.] OF CHURCH AND STATE IN SCOTLAND. 187
them repent what they had done. Then she gave orders to
James Haliburton, Provost of Dundee, to apprehend Paul
Methven, and send him prisoner to her ; but he being before
hand advertised by the Provost, slipped out of the town, and
so escaped. The Queen being much affected with these
different occurrences, and likewise finding that her orders
concerning the observation of the Easter solemnities, had
been totally disobeyed by those of the Congregation, she
cited all their ministers1 throughout the kingdom, to appear
at Stirling on the 10th of May.2 The which diet approach
ing, the professors of the new doctrines in all parts of the
country made preparations to accompany their preachers
thither ; but especially throughout the shires of Angus and
Mearns3 their zeal was so fervent, that few remained at home,
but all would needs conduct their ministers. And having
advanced as far as Perth, they deputed the Laird of Dun to
the Queen-Regent then at Stirling, to declare to her Majesty
that the cause of their coming thither was openly to make
confession of their faith with their preachers, and to assist
them in their just defence. The Queen, understanding suffi
ciently what interest that gentleman had among those of
his party, and apprehending the consequence of so numerous
a convocation of men, though unarmed, she entreated him
to persuade them to return to their own houses, and gave
him a promise that the diet should be deserted, and nothing
done to the prejudice of their ministers. Mr Erskine, seem
ing desirous to do the Queen a pleasure, wrote to the
principal persons assembled at Perth, advising them to
send home the multitude, shewing them what promise and
hopes he had of the Queen's favour. After some reasoning
at Perth upon the receipt of these letters, many of the com
mon sort were ordered home, but most of the gentlemen,
with the ministers, remained in Perth. When the 10th of
May came, and the ministers had not appeared according
to the citation given them, they were all denounced rebels,
notwithstanding the promise given by the Queen-Regent ;
1 Lesly mentions only Willocks, Douglas, and Paul Methven.
a This is the series as related by Mr Buchanan, but I rather suspect
that the summons to appear at Stirling has preceded these reparties be
twixt the Queen and the Congregation, if any such there were. Mr Knox
seems to favour this order. 3 [Forfar and Kincardine. — E.]

188 THE HISTORY OF THE AFFAIRS [1559.
and every body inhibited, under the pain of high treason, to
assist, comfort, or receive them, or in any manner of way to
maintain them. Certainly this was a very rash action, and
much unbecoming the majesty of the Queen, which could
not fail to rankle the minds of her adversaries, and to create
in them the utmost distrust in all her future promises. Nor
is it to be vindicated by any rule of policy, unless by so
doing she could have crushed these men, so as to have
rendered them incapable ever after of making head against
her, and thereby have perfectly secured herself and her
Government. The Laird of Dun, being highly offended with this proce
dure of the Queen, quickly withdrew from Court, lest some
misfortune might have befallen himself, which perhaps he
might have some ground to suspect, seeing the Master of
Maxwell was that same day committed to ward, for saying
that he would not desist from assisting the Congregation,
notwithstanding any sentence which already was, or after
wards should be, pronounced against them ; and being come
to Perth, and finding the gentlemen yet together in a body,
he first excused himself for the advice he had given them,
and next declared unto them it was his judgment that the
Queen was implacable towards them, and therefore they
ought to provide for the worst. The other gentlemen, per
ceiving by this discourse that matters could no longer remain
dissembled, but that they soon must come to an issue, with
out further ceremony they prepared themselves to act with
open force against the Queen ; and the multitude was so en
raged, that they were then ready and eager to pull down and
demolish the convents and even the churches, which in those
days they thought fit to distinguish as places of idolatry, to
which piece of religious madness they were much whetted
and encouraged by a sermon preached to them that or the
next day by Mr Knox, who was returned into the kingdom,
and had come very opportunely for them to Perth, at that
nick of time.1

1 [It is clear from all the proceedings of the " Congregation," that
they had resolved to rebel against the Government, especially by their
act of taking possession of Perth. The sword was now to be drawn by
both parties — by the one to punish treasonable designs, and by the other to
further their projects. The appearance of John Knox at that crisis was

1559.] OF. CHURCH AND STATE IN SCOTLAND. 189
Mr Knox had received letters in the month of November
1558, from the principal Lords and gentlemen concerned
in the affairs of the Congregation, inviting him once more
to return to Scotland ; and lest he should be any way
averse or dilatory in undertaking the journey, in considera
tion of the disappointment he had met with from them the
year before, the same persons thought fit to write also to
Mr Calvin, that he would use his authority with Mr Knox,
to oblige him to comply with their desire. It was in conse
quence of these letters that Mr Knox did now return. He
arrived at Edinburgh the 2d day of May 1559, and having
stayed there two nights only, he went straight to Dundee,
where it seems many of the Congregationers and their
ministers then were. These he requested that they would
permit him to attend them to Perth ; which no doubt they
were as ready to grant, as he was to demand ; no man being
more fit for their purpose at that juncture than he was. On
the 11th of that same month, being the next day after the
ministers had been denounced rebels,1 he preached at Perth,
as before mentioned, that thundring sermon against idolatry.
And indeed the adjusting it so exactly to the time, when the
Laird of Dun had returned thither from Stirling with an
account of the proceedings there, and to the ferment which
that gentleman's account of things had already wrought in
the minds of men, it was justly to be suspected that some
thing more than ordinary was intended by that vehement
discourse ; which suspicion is put beyond doubt by the
not likely to allay the resentment of insulted authority on the one hand,
or ambition on the other. The letters to Knox, to which Bishop Keith
alludes, were written in the most saintly style, as if the eternal sal
vation of the kingdom depended on that disciple of Calvin ; but in
reality the leaders of the " Congregation" were afraid of their own situ
ation, and they required the rude and undaunted energies of Knox to
assist them in their privately concocted designs against the temporalities
of the Church. Knox arrived at Leith on the 2d of May 1559, and after
remaining two nights in Edinburgh he went to Dundee, where many of his
admirers were convened. He was denounced as a rebel and outlaw by
the Queen-Regent, but regardless of this serious procedure he hastened
through the Carse of Gowrie to Perth, the head-quarters of the " Congre
gation," and opportunely arrived in the " Fair City,"- as Bishop Keith
quaintly observes, at the " nick of time." — E.]
1 By the Scottish law, when persons do not obey a citation given by the
Supreme Judges, requiring them to appear in the Courts, they are there
upon declared rebels against the King, for disobedience to his Majesty.

190 THE HISTORY OF THE AFFAIRS [1559.
honest manner in which Mr Buchanan relates the story.
For he says — " That Mr Knox, finding the multitude
gathered together in that ticklish posture of affairs, occa
sioned by the discourse of the Laird of Dun, made such a
pathetic sermon to them that he set their minds, which were
already fired, all in a flame." And accordingly we find that
after the sermon was ended, and "the better sort of the
people had gone to dinner, some godly men, so Mr Knox
calls them, remained in the church, whilst a certain priest
was so imprudent as to open a tabernacle or case, in which
was curiously engraved the history of a great many saints,
and so prepared himself to say Mass. A young boy, stand
ing by among the rest, called out — " This is intolerable,
that when God, by his word, hath plainly condemned idolatry,
we shall stand and see it used in despite." The priest, Mr
Knox says, being offended thereat, gave the child a blow.
This child, if he must be so called, one would think has been
wiser than what fell to his share, but sure the priest does not
appear to have been so too ; for that blow helped to throw
him and all his brethren, their saints and wealth, and, which
was the greatest loss of all, many a fine church, to the
ground. For the child first threw a stone, which broke one
of the pictures, and immediately the whole multitude being
in a rage, some fell upon the poor priest and his frame,
others upon the remanent altars ; so as in a moment of time,
everything in the church that carried in their eyes the least
mark of idolatrous, profane, or superstitious worship, was
demolished by them.1 This being noised abroad in the city,

1 [On this memorable occasion, after Knox had concluded his sermon,
and though the " better sort," he observes, " had gone to dinner," the mass
of his auditors remained in St John's church. They observed a move
ment towards the shrine, and their curiosity was excited. In front of
an altar, surmounted by an ebony crucifix, on which was the figure of our
Saviour exquisitely carved, several of the clergy were seen kneeling in
their vestments, probably overwhelmed with grief at the exhibition they
had just witnessed, and the sentiments they had heard uttered by Knox.
Tapers were now lighted, and the clergy began a solemn and plaintive
chaunt, to which several voices in an aisle opposite responded. A cur
tain was slowly raised behind the crucifix, and disclosed a painting of the
martyrdom of St Bartholomew. This scene was not without its effect,
for it revived the old associations of many, and some of the crowd evinced
their former habits of devotion. At this instant a young man, absurdly
called a " child" by Knox, exclaimed to his companions — " Dowii with

1559.] OF CHURCH AND STATE IN SCOTLAND. 191
the rest of the people gathered together in great numbers,
and ran furthwith to the Monasteries of the Grey and
Black Friars, both which they gutted in a short time. The
next visit they paid was to the house of the Carthusians, a
noble and costly edifice, which they treated in the same
manner with the former ; and then they threw down all
these three buildings, so that within two days nothing re
mained of them but the naked walls.1 Mr Knox would fain
the profane mummery ! Shall we stand and see that practised which God
in his word has plainly condemned as idolatry ?" He was overheard by
one of the clergy, who designated him a " blasphemer," and struck him
to the floor of the church. The young man soon rose, and dashed a mis
sile against the painting of St Bartholomew. This was the signal for the
general attack. As if the Service had been to them a, novelty, which
they never before witnessed, the multitude rushed towards the altar, at
tacked the clergy, tore off their vestments, and beat them so unmercifully
while in their kneeling attitude, that they narrowly escaped with their
lives. Every article in the church, images, pictures, vestments, and sacred
utensils, and the altars belonging to the Incorporated Trades of the city
dedicated to particular Saints, were speedily destroyed before many of the
citizens knew any thing of the outrage; for it is locally said that this mob
consisted chiefly of the inhabitants of Dundee, who had accompanied Knox
bent on mischief, and who, on account of old feuds with the citizens of
Perth, which existed long after this outbreak, were probably more dis
posed to shew their dislike to Perth than any particular resentment
to the Church. The above is the traditional account, which may be con
trasted with Bishop Keith's narrative. It is derived from " Sketches of
Scenes in Scotland," a work extremely rare, by Lieut.-Colonel Murray of
Ochtertyre, who succeeded his father Sir Patrick Murray as Sir William
Keith Murray, the seventh Baronet, in 1837, and who by marrying the
daughter of Sir Alexander Keith, Knight, of Ravelstone (see Bishop Keith's
pamphlet on the family of Keith of Ravelstone, reprinted at the end of the
Biographical Sketch in the present volume), assumed the name of Keith
with that of Murray. This traditional account, we are informed by
Sir William Keith Murray, " was obtained many years since from a
lady, a descendant of Principal Tullideph of St Andrews, one of whose
ancestors in his youth, had warmly espoused the principles of the Reform
ation." The outrage occurred on the 11th of May 1559, the day after
Knox arrived from Dundee, and as the 11th was Thursday, it is worthy
of remark that ever since a weekly sermon is preached on that day in St
John's church at Perth. Knox was accompanied by some of the leaders
of the " Congregation," among whom were the Earl of Argyll, who had
recently succeeded his father, and Lord James Stuart, then Prior of St
Andrews, who withdrew to one of the aisles, while Erskine of Dun and
other persons seated themselves during the delivery of the sermon on
some narrow benches, near the steps leading up to the pulpit. — E.]
1 [The splendid religious edifices which adorned Perth before the sacri
lege committed on this occasion, justly entitled it to the appellation of the
" Fair City," which it still retains. At Perth were Monasteries of the

192 THE HISTORY OF THE AFFAIRS [1559.
persuade us, that there was not a gentleman, nor an earnest
professor, present in all this rascally multitude ; yet he tells
us, that this mob was so self-denied and upright, by the
Franciscans, or Grey Friars, of the Dominicans, or Black Friars, and of
the Carmelites, or White Friars ; while the princely Charterhouse, founded
by James I. in 1429, the only Carthusian establishment in the kingdom,
was excelled by few ecclesiastical buildings in Scotland. Chapels of vari
ous descriptions, dedicated to particular Saints, abounded throughout the
city, exclusive of St John's church, and that spacious building " was not
then," as Sir William Keith Murray observes, " shorn as now [under Pres
byterianism] of its fair proportions, nor cut down into separate apart
ments, but forming one simple and majestic temple." The inmates of
the Monasteries, anticipating a visit from the mob after the profanity com
mitted in St John's church, prepared to defend themselves. But then-
attempts were vain, and the mob, after hearing a prayer from Knox, who
was again among them, proceeded to the Monastery of the Grey Friars,
which stood without the city wall. (Lindsay of Pitscottie, folio edit. p. 203).
The noise and clouds of dust soon indicated that the work of destruction
had commenced. They then rushed to the Charterhouse, the gates of
which were fastened against them. " Come out, ye men of Belial ? ye
slaves of Jezebel S" was the frantic exclamation of the insurgents, but no
voice answered their call. The Prior had hastily collected some of his
domestics and dependents for the defence of the edifice, but the assailants
burst open the gate with a large wooden cross which they pulled out of
the ground near the walls, and then obtained possession of the edifice.
They allowed the Prior to carry away all the valuables he could collect ;
the place was abandoned by the monks ; and one of the noblest edifices
in Scotland was soon gutted and destroyed. The Monasteries of the Black
Friars and White Friars, and a number of chapels and other religious
edifices, shared the same fate, in the course of those two memorable days.
Notwithstanding the vows of poverty which the various orders of monks
professed, their storehouses presented no inconsiderable temptations to
Knox's " rascal multitude." He says — " And in very deed the Grey
Friars was a place well provided, that, unless honest men had seen the
same, we would have feared to report what provision they had. Their
sheets, blankets, and coverings, were such that no Earl in Scotland had
the better. Their napery was fine. There were but eight persons in
convent, and yet had eight puncheons of salt beef (consider the time
of the year, the 11th of May), wine, beer, and ale, besides store of
victuals effeiring thereto." (Knox's History, Glasgow edition, 1732,
p. 128). Sir John Graham Dalyell observes on this statement — "Not
withstanding the relation of a hot-brained fanatic this may be partly
true." (Fragments of Scottish History, 4to. Edinburgh, 1798, p. 29).
Knox observes — " The like abundance was not in the Black Friars, and
yet there was more than became men professing poverty." These inci
dents are of course recorded by Knox as proofs of the sensuality of the
monks, but it must be recollected that there were numerous claims upon
them by Noblemen and others, who were entertained by them profusely,
and who usually quartered themselves and their dependants in the
monasteries.— E.]

1559.] OF CHURCH AND STATE IN SCOTLAND. 193
threatning of the preachers, that they took none of the
spoil to themselves ; but gave it either to the poor, or per
mitted the monks to carry it off. " So beatten," says he,
" were men's consciences with the Word, that they had no
respect to their own particular profit ; but only to abolish
idolatry, the places and monuments thereof." A rare in
stance of a rascally multitude ! This precedent set by the
men of Perth was quickly followed by those of Cowper in
Fife, which, Archbishop Spottiswood says, the curate took
so heavily, that the night following he put violent hands
on himself.1
After this grand but shameful step towards a Reforma
tion was executed at Perth, several of the country people
departed homeward ; and Mr Knox was left in that city,
" to instruct the flock, because they were young and rude
in Christ." But when the report thereof was brought to
the Queen-Regent at Stirling, she was highly incensed ; and,
it is said, vowed to expiate this nefarious wickedness with
the blood of the citizens. She immediately dispatched let
ters to the Earls of Arran, Argyll,2 and Atholl, desiring
them to come to her, with the assistance of all their friends
and followers. The French soldiers were likewise ordered
to come in. And she thought to have surprised Perth,
before these incendiaries could put themselves in a posture
of defence, or were provided to make any resistance. But
notwithstanding all the haste she was able to make, it was
a full week before the ordnance could be brought before the
place. In which time the Congregationers, being advertised
of the Queen's designs, returned to that city about the 22d
of May ; where, after invoking the name of God, they put
themselves in condition to defend the town. And because
they did not altogether despair of finding grace from the

1 [Spottiswoode, p. 122. The example of Perth was first imitated in
Cupar-Fife, some of the inhabitants of which had been at Perth, and took
an active part in the work of destruction there. At Cupar were a Domi •
nican Convent in which was a fine chapel, and a Nunnery dedicated to St
Catherme of Sienna. These were completely destroyed by the rabble of
Cupar-Fife.— E.]
2 This is the son of the Earl formerly mentioned, who died in the month
of August the preceding year. — [Archibald fifth Earl of Argyll, only son
of the fourth Earl by his first Countess, Lady Helen Hamilton, eldest
daughter of James first Earl of Arran, is the Nobleman meant. — E.]
13

194 THE HISTORY OF THE AFFAIRS [1559.
Queen, whom they either knew to be of a mild nature, or
had not that bad opinion of their own actings which other
men might entertain, they drew up a letter to her Majesty ;
which, whether conceived in such terms as were likely to
obtain her pardon for such a riot, so committed by a rascally
multitude, who could not be stayed from destroying the
places of idolatry, neither by the exhortation of the preachers,
nor the commandment of the magistrates, I leave the reader
to judge. The letter is as followeth.
" TO THE QUEENES GRACE REGENT ALL HUMBLE OBEDIENCE
AND DUTIE PROMISED.
" As heretofore, with jeopard of our lives, and yet with
willing harts, we have served the authority of Scotland, and
your Grace nowe Regent in this realme in service, to our
bodies dangerous and painfull ; so now, with most dolorous
mindes we are constrained, by unjust tyranny purposed
against us, to declare unto your Grace, that except this
cruelty be staied by your wisdome, we shall be compelled to
take the sword of just defence, against all that shall pursue
us for the matter of religion, and for our conscience sake ;
which ought not, nor may not be, subject to mortall crea
tures, farder than by God's Word, man is able to prove that
he hath power to commaund us. We signifie moreover unto
your Grace, that if by rigor we be compelled to seeke the
extreme defence, that we will not only notifie our innocencie
and petitions to the King of France, to our mistresse and
to her husband, but also to the Princes and Counsell of
every Christian realme ; declaring unto them that this cruell,
injust, and most tyrannicall murder, intended against townes
and multitudes, was, and is the only cause of our revolt from
our accustomed obedience ; which, in God's presence, we
faithfully promise to our Soveraigne mistresse, to her hus-
bande and unto your Grace Regent, provided that our con
sciences maye live in that peace and liberty which Christ
Jesus hath purchased to us by his bloud, and that we may
have his Word truly preached, and holy Sacraments rightly
ministred unto us, without which we firmly purpose never
to be subject to mortall man ; for better we think to expone
our bodies to a thousand deaths, than to ha&ard our souls to
perpetuall condemnation, by denying Christ Jesus and his

1559.] OF CHURCH AND STATE IN SCOTLAND. 195
manifest verity ; which thing not onlie do they commit open
idolatrie, but also all such as seeing their brethren pursued
for the cause of religion, and having sufficient meanes to
comfort and assist them, do neverthelesse withdraw from
them their doubtfull support. We would not your Grace
should be deceaved by the false persuasions of those cruell
beasts the Churchmen, who affirm that your Grace neadeth
not greatlie to regret the losse of us that professe Christ
Jesus in- this realme. If, as God forbid, ye give ear to their
pestilent counsel, and so use against us this extremity pre
tended, it is to be feared that neither ye, neither yet your
posteritie, shall at any time after this find that obedience
and faithfull service within this realme, which at all times
you have found in us ; we declare our judgements freely, as
trew and faithfull subjectes, God move your gentle heart
favourably to interprete our faithfull meaning ; farther ad
vertising your Grace that the self same thing, together with
all things that we have done, or yet intend to do, we will
notifie by our letters to the King of France, asking of you,
in the name of the eternall God, and as your Grace tenders
the peace and quietness of this realme, that ye invade us
not with violence till we receave aunswer from our maister
her husband, and from their advised counsell ther. And
this we commit your Grace to the protection of the Omni
potent. — From Sainct Johnstone, the 22d of May 1559.
Your Grace's obedient subjectes in all thinges not repug
nant to God, the faithfull Congregation of Christ Jesus in
Scotland."1 They wrote in like manner to Monsieur d'Oysel and other
of the French commanders in Scotland, and to all the French
captains and soldiers in general, advising them — " not to use
violence against them, nor to provoke them to enmity; for that
if they should enter into war, the same should remain longer
than their own lives, even as long as Scottishmen should have
power to take revenge." And particularly they represented
to Monsieur d'Oysel — " That he declared himself no faithful
1 [This insolent letter, most disgraceful when we consider the outrages
so recently perpetrated by this "faithful Congregation" at St Johnston, or
Perth, from which it is dated, is in Knox's History of the Reformation,
folio, Glasgow edit. 1732, p. 129, 130.— E.]

196 THE HISTORY OF THE AFFAIRS [1559.
servant to his master the King of France, if, for the pleasure
of the priests, he would persecute them, and so compel them
to take the sword of just defence."
But neither their letters to the Queen, nor to the French
soldiery, had weight enough to divert the undertaking. For
which reason they in Perth sent out other letters to their
friends in Angus, Mearns, Lothian, and other counties, de
siring them to repair thither to their assistance with all
speed ; and the number of those that came was so great,
that, says Mr Knox, " the work of God was evidently to be
espied ;" but he had forgot, it seems, that multitudes may
be gathered together as well for evil as for good ends, and
oftener perhaps for the one than for the other.
When they were all met, and had considered that most
of the principal Nobility of the kingdom were present with
the Queen, they thought it adviseable to send a long letter
to them also ; in which they take notice — " That they ought
not to be persecuted upon account of religion, until first
their cause be tried in an open assembly ; that what they
had done at Perth, they had done at God's commandment,
who plainly commands idolatry and all monuments of the
same to be destroyed and abolished ; that the name of
authority under which they pretended to act against the
Congregation of Jesus Christ will not excuse them in the
presence of God, because that though all authority esta
blished by God is good, and to be obeyed of all men under
pain of damnation, yet they ought to understand, that
there is a great difference betwixt the authority, and the
persons of those who are placed in authority." Finally, they
address themselves to those of the Queen's army who had
been formerly on their side ; and they tell them — " That as
they are reputed already traitors by God, they shall like
wise be excommunicated from their society, and from the
participation of the Sacraments of the Church which God
by his mighty power hath erected among them, whose
ministers have the same power which Christ Jesus granted
to his Apostles in these words — ' Whose sins ye shall forgive,
shall be forgiven ; and whose sins ye shall retain, shall be
retained.' " Moreover, that no party of men might be igno
rant of their intentions, they sent also the following decla
ration to the clergy of the kingdom.

1559.] OF CHURCH AND STATE IN SCOTLAND. 197
" To the Generation of Antichrist, the pestilent Prelates
and their shavelinges within Scotlande, the Congregation of
Christ Jesus within the same sayeth,
" To the end that ye shall not be abused, thinking to
escape just punishment, after ye, in your blind furie, have
caused the bloud of many to be shedde, this we notifie and
declare unto you, that if ye proceede in this your malitiouse
crueltie, ye shall be intreated wheresoever ye shall be appre
hended as murtherers and open enemies to God and to man-
kinde. And therefore betimes cease from this blind rage.
Remove first from yourselves your bands of bloudie men of
warre, and reforme yourselves to a more quiet life ; and
thereafter mitigate ye the authoritie which, without crime
committed uppon our part, ye have enflamed against us ; or
else be ye assured, that with the same measure that ye have
measured against us, and yet intend to measure to others,
it shall be measured unto you ; that is, as ye by tyrannie
intend not onely to destroy our bodies, but also by the same
to hold our soules in bondage of the devill, subject to idola
trie ; so shall we, with all force and power which God shall
graunt unto us, execute just vengeance and punishment upon
you. Yea, we shall begin that same warre which God com-
maundeth Israeli to execute against the Cananites ; that is,
contract of peace shall never be made, til that ye desist from
your open idolatrie, and cruell persecution of God's children.
And this we signifie unto you, in the name of the eternall
God, and of his Sonne Christ Jesus, whose veritie we pro-
fesse, and gospell we have preached, and holy Sacraments
rightly ministred, so long as God will assist us to gainstand
your idolatrie. Take this for advertisement, and be not
deceaved."1 As the reader will observe the pestilent spirit and unman
nerly style of this last paper, far indeed from the meekness
that would have become the reformers of abuses in Christ
ianity, so by the tenor thereof, and of their other letters to
the Queen-Regent, &c. it is pretty evident they had a moral
certainty of victory arising from the numbers that joined
them, otherwise it is much to be doubted if they would
have writ in such a strain ; but still none of their paper
1 [This extraordinary epistle, is in Knox's History, p. 134. — E.]

198 THE HISTORY OF THE AFFAIRS [1559.
artillery had any force on those to whom they were dis
patched. For, notwithstanding all their advertisements and
expostulations, the other army, consisting both of Scots and
French, advanced and formed a sort of camp at Auchterar-
der, about ten miles1 from Perth, against whom the gentle
men of the shires of Fife, Angus, and Mearns, with their
followers, marched out and lay some more than a mile with
out the city. Whilst matters stood thus, the Earl of Argyll,
the Prior of St Andrews, and the Lord Sempill,2 on the 24th
of May, were directed from the Queen to Perth, to enquire
the cause of the convocation of the lieges there, and whether
they designed to hold out the town against her the Regent
and the legal authority. To which those of the Congregation
made answer, that they had convened there only to resist
the cruel tyranny devised against the town, and that if the
Queen-Regent would suffer the religion already begun to
proceed, then they and all that belonged to them should be
at her command ; and farther, they besought these Lords
to report their cause favourably to the Queen, and to become
intercessors with her Majesty in their behalf, which they
promised to do ; and the next day Mr Knox went in the
morning, and waited on these Lords, when he made a speech
to them,3 and delivered them a message to be reported to the
Queen in his name, the contents whereof were — that they
whom her Majesty in her blind rage persecuted were God's
servants, and obedient subjects to the civil authority ; that
her religion was expressly contrary to that of Jesus Christ,
which he offered to prove against all that within Scotland
will maintain it ; and lastly, that her Majesty was fighting
not against man but God, and therefore her enterprize should
not prosper in the end. But the Queen was so little moved
with this message, or so little satisfied with the answers of
the Congregation in general, that soon after she sent a Lion-
Herauld with letters, charging all who were not inhabitants
to leave the town of Perth under the pain of high treason,

1 [Scottish miles are meant. The village of Auchterarder, noted in the
annals of Established Presbyterianism by the Auchtei-arder Case, is 14 miles
from Perth, on the road to Stirling. — E.]
2 [Robert third Lord Sempill.— E.]
3 [See the speech, which Knox says was delivered on the 25th of May,
in his History, Glasgow edit. p. 135, 136. — E.]

1559.] OF CHURCH AND STATE IN SCOTLAND. 199
which letters the Herauld proclaimed in the town on Sunday
the 28th of the month.1 Of all the persons that came to
Perth at this time, none was so much talked of as the Earl
of Glencairn, who, though he lived at a great distance in the
shire of Ayr, yet, on advertisement given him, he travelled
night and day over the mountains, the ordinary passes being
shut up by the Queen's troops, and by her orders the bridges
over the rivers of Forth, Gudy,2 and Teith3 cut, until he
arrived at Perth with 1200 horse, and 1300 foot. The
Queen having certain intelligence of the march of this Earl,
in whose company were the Lords Ochiltree and Boyd, the
Lairds of Loudon, Craigie- Wallace, Cessnock, and other
gentlemen of the West, took particular care that no advertise
ment of his coming might reach those at Perth, on design
that they, despairing of force sufficient to withstand her,
might be the more easily induced to condescend to such terms
as she had a mind to offer them ; and to anticipate their
stubbornness, which she knew would encrease upon Glen-
cairn's arrival, she sent to Perth, demanding some persons
to be sent to her camp, in order to talk with the Earl of
Arran and Monsieur d'Oysel concerning some reasonable
agreement. In obedience to which desire Erskine of Dun,
Ogilvy of Invercarity, and Scott of Abbotshall, were sent to
Auehterarder. The Earl of Arran and Monsieur d'Oysel
required that the town of Perth should be left patent to her
Majesty, and all other matters referred to her discretion.
The gentlemen replied — They had no warrant to go into such
proposals, but that if the Queen would promise nobody
should be disturbed for the last commotion in Perth, and if
she would suffer religion begun to go forward, and would
leave the town at her departure free from French soldiers,
then they would deal with their associates, that the Queen
should be obeyed in all things. Nothing, however, was for
mally agreed to. The gentlemen were courteously used and
dismissed, with a desire that they would labour to persuade
these their brethren to peace and concord, which at their
1 Mr Knox says, Sunday the 27th day ; but if it was done on a Sun
day, it must have been on the 28th.
2 [The Goodie water, which issues from the lake of Menteith, and falls
into the Forth. — E.]
3 [Teith.— E.]

200 THE HISTORY OF THE AFFAIRS [1559.
going off they seemed to be well satisfied with ; but scarce
were they returned, when the Queen was certified that the
Earl of Glencairn had past by her out-guards, was got safely
through all impediments, and was in a plain march to Perth,
upon which she dispatched thither a second time the Earl
of Argyll, the Prior of St Andrews, then commonly called
Lord James, and Gavin Hamilton, Abbot of Kilwinning ;
but the Earl of Glencairn was arrived at Perth before these
three commissioners could reach it, where they found the
multitude much more uppish than formerly. Mr Knox,
with Mr Willocks, who was newly arrived in company of the
Earl of Glencairn, came to the Earl of Argyll and Lord
James, and bitterly accused them of infidelity in not taking
part with their brethren, both of them being looked upon
as great favourers of a Reformation. They answered — Their
hearts were still constant with their brethren, but because
they had promised the Queen to labour an agreement, they
could not falsify their word ; adding, that if the Queen did
violate the least jot of what should now be agreed upon, they
would in that case join themselves openly with the Congre
gation, in all time coming. This promise being made, and
these two Lords pressing much an agreement, Mr Knox
says, the preachers with much ado persuaded the multitude
to consent thereto ; but he likewise tells us, that in their
sermons they plainly and openly affirmed that they were
assuredly persuaded the Queen meant no truth. The agree
ment as made on Monday the 29th of May. The Articles
were —
"I. That both the armies should be disbanded, and the
town left open to the Queen.
" II. That none of the inhabitants should be molested on
account of the late alteration in religion.
" III. That no Frenchmen should enter the town, nor
come within three miles of it ; and that when the Queen
retires, no French garrison shall be left in the town.
" IV. That all other controversies be referred to the next
Parliament." The next day the Congregation departed from Perth, after
that Mr Knox in a sermon, at which were present many of

1559.] OF CHURCH AND STATE IN SCOTLAND. 201
the opposite party, had exhorted them to thank God for
stopping the effusion of blood, but at the same time not to
faint in supporting such as should afterwards be persecuted :
" For, said he, I am assured that no part of this promise
made shall be longer kept than the Queen and her French
men have the upper hand." This exhortation had the in
tended effect, for before that the multitude of the Congrega
tion left the city, they took care not to dissolve themselves,
but to enter into a straiter confederacy, by entering under
a new bond, which was drawn up by the persons commis
sioned so to do, and subscribed the next day, the tenor
whereof folio weth —
" At Perth, the last day of May, the year of God 1559
years, the congregations of the west country, with the Con
gregations of Fyfe, Perth, Dundee, Angus, Mearns, and
Montrose, being conveened in the town of Perth, in the name
of Jesus Christ, for forth setting of his glory, understanding
nothing more necessary for the same than to keep a con
stant amity, unity, and fellowship together, according as
they are commaunded by God, are confederat, and become
bounden and oblist, in the presence of God, to concur and
assist together, in doing all things required of God in his
Scripture that may be to his glory ; and at their whole powers
to destroy and away put all things that doth dishonour to
his name, so that God may be trewly and purely wor
shipped. And in case that any trouble be intended against
the said congregations, or any part or member thereof, the
whole Congregation shall concur, assist, and conveen to
gether to the defence of the same congregation or person
troubled ; and shall not spare labours, goods, substance,
bodies and lives, in maintaining the liberty of the whole
Congregation, and every member thereof, against whatso
ever power that shall intend the said trouble for cause of
religion, or any other cause depending thereupon, or lay to
their charge under pretence thereof, although it happen to
be coloured with any other outward cause.1 In witnessing
and testimony of the which, the whole congregations afore-
1 This was no less than a downright rebellion against the civil authority
in every respect, since it was easy for these men to explain all acts pro
ceeding therefrom as injurious to their religion.

202 THE HISTORY OF THE AFFAIRS [1559.
said have ordained and appointed the Noblemen and persons
underwritten to subscribe thir presents. Arch. Argyle.
James Stewart. Glencarne. R. Lord Boid. Wchil-
tree. Matthew Campbell of Tarmgannarr."1
Immediately after the departure of the Congregation, on
the 30th of May, the Queen entred the city of Perth, with
some French soldiers in her retinue ; one of which passing
by the house of Patrick Murray, a violent man in the cause
of religion, shot his son, a young boy, who, with the rest of
the family, was leaning on a balcony to behold the Queen's
entry and cavalcade. Some say there were six or seven
shot discharged against the house. The dead corpse was
laid before the Queen's lodging, and when she was told of
what had fallen out, she is said to have replied — " That the
chance was to be lamented, and so much the rather, because
it had lighted on the son, and not on the father ; but that
she could not prevent nor help such casual accidents." And,
which was still worse, three days had not past when all the
heads of the Capitulation were broke ; some of the citizens
were exiled, and others fined; the old Magistrates were
turned out, and new ones appointed in their places. After
which her Majesty going for Stirling, she left in the town
four companies2 of Scottish soldiers for a garrison, with or
ders to permit no other worship there but that of the
Roman Church. Some persons about the Queen, who wished
that matters might not be carried so high, having repre
sented to her, that though the garrison consisted of Scotsmen,
yet they would be looked upon as French soldiers, since they
received pay from the French King, she said — " That Princes
ought not to have their promises too strictly urged upon
them ; nor were promises to be kept with hereticks ; and
that for her part she could freely kill and undo all that sort
of men, if she could do it with as plausible an excuse."
Indeed her Majesty seems to have been but ill advised in
these actings and expressions, if so be they were real, and
have received no exaggeration in the narrating; which I

1 [See also Knox's History, Glasgow edit. p. 138. In Knox's History
Campbell of Tarmgannar is designated Campbell of Termgland.— E.]
2 Lesly says 600 men.

1559.] OF CHURCH AND STATE IN SCOTLAND. 203
very much suspect.1 For though she had good reason to se
cure the town of Perth, as being highly convenient for the
assembling of forces from all quarters of the kingdom, and
being the only walled town in it, and at that time, together
with the gentry about, greatly inclined to those of the Con
gregation ; yet the advantage she made thereby, was little
or nothing, when compared with the hatred she incurred
by her breach of promises. For if it be true that Mr
Buchanan relates, after this she never saw a good day, but
was by most people despised, and publickly contemned.2
The Earl of Argyll and Lord James, perceiving how things
went, did presently withdraw to St Andrews, and though by
letters she charged them upon their allegiance to return to
Perth, yet they refused, excusing themselves because of her
proceedings ; after which they wrote to the neighbouring
Nobility and gentry of their faction to meet in that town the
4th of June, in order to concert measures for their mutual
defence, because the Queen-Regent was at Falkland with
her French soldiers, designing to take possession of the
towns of Cowper and St Andrews. Their call was obeyed,
and Mr Knox came thither with the rest. On the 9th of
that month, the Lords and others went to Crail, a sea-town
about six miles3 south of St Andrews. There Mr Knox in a
sermon he made them, put the Congregation in mind of what
he had foretold them at Perth, exhorting them not to be
any longer deluded with fair promises, and wished them to
prepare themselves to die as men, or to live victorious ; by
which exhortation his hearers were so moved, that they
immediately proceeded to the pulling down of the altars and
1 [No dependence can be placed on the reports of the Queen-Regent's
alleged sayings and observations, as they are all on the authority of Knox.
-E.] 2 I suppose the contempt is to be meant by those of a certain party only.
And as to her not seeing a good day after this, it is certain that some time
afterwards she had so far reduced the Congregation, that unless the Queen
of England had stept in to their relief, she had in all humane probability
crushed them to pieces.
3 [The ancient royal burgh and little seaport of Crail is ten English
miles from St Andrews. In Crail was one of those collegiate establish
ments called Provostries, consisting of a Provost, who was the Superior,
ten Prebendaries, a sacrist, and some singing boys. After Knox's sermon,
the mob destroyed the altar and decorations of the church.— E.]

204 THE HISTORY OF THE AFFAIRS [1559.
images. Next day he preached in the town of Anstruther,1
another sea-port three miles south-west from Crail, where
the like havoc was made, but still we are told with more
anger than avarice. The Archbishop of St Andrews hear
ing that Mr Knox intended on the morrow, which was Sun
day the 11th of June, to preach to the Congregation in his
cathedral church of St Andrews, came thither the Saturday
before, accompanied with 100 armed men, to stop him, and
the Lords were so apprehensive of the mischief that might
follow, considering that Falkland, where the Queen and the
French lay, was but twelve miles2 distant from St Andrews,
that they counselled Mr Knox to forbear preaching at that
time ; but no persuasion of his friends, nor threatning of his
enemies, could prevail with him. He told them, among other
things — " That to delay to preach to-morrow he could not in
conscience, because in that town and church God first began
to call him to the dignity of a preacher ; from which, though
he had been reft by the tyranny of France and procurement
of the Bishops, yet he had often foretold that his assured
hope was in open audience to preach in St Andrews, before
he departed this life." Some, perhaps, may have difficulty to
find out what obligation lay upon the conscience to have
preached that particular day at St Andrews, from the reasons
here assigned. But the Archbishop having thought it ex
pedient to depart to Falkland next morning, because he
found the affections of the generality of the citizens inclin
ing to the Congregation, which no doubt the preacher had
likewise perceived ; and perhaps that, as much as any thing
else, had rendered him so peremptory, Mr Knox did preach
that day ; and having taken for his subject that portion of
1 [The two royal burghs of East and West Anstruther, separated from
each other by the Dreel rivulet, are four English miles from Crail. The
former is a small seaport. In these towns the mob found little to destroy ;
but they visited the Priory of Pittenweem, another royal burgh and
small seaport a mile distant. This Priory belonged to the Canons-Regular
of St Augustine, and was connected with the Priory of St Andrews.
The Superior had made himself obnoxious to them, by his zeal in the
trials for heresy at St Andrews. He was at first disposed to resist the
insurgents, but he found them too numerous, and he left the town. It is
said that they demolished the church, a cell dedicated to the Virgin Mary,
and a considerable portion of the Priory buildings.— E.]
2 [See the third note, p. 54, of the present volume.— E.]

1559.] OF CHURCH AND STATE IN SCOTLAND. 205
holy Scripture which treats of our Saviour driving the buy
ers and sellers out of the Temple, he from thence so incited
the people, that after sermon they went in a most tumul
tuous manner and spoiled all the churches in the city,1 pulling
1 [After perambulating the south-east of Fife, Knox intimated to his
followers his determination to proceed to St Andrews, and preach in the
Cathedral on the following Sunday. This fact proves that the " Congre
gation" had become powerful as a party, especially when we recollect that
this intrusion into the Cathedral was in defiance of Archbishop Hamilton,
and that Knox had been declared a rebel and an outlaw by the Govern
ment. The mob had many inducements to visit St Andrews. The Cathe
dral, Priory, and Monasteries, were peculiarly enticing to their destroying
propensities ; and they considered that it would be a master-stroke of policy
to purify, in their language, the ecclesiastical metropolis of Scotland. Arch
bishop Hamilton was then with the Queen-Regent at Falkland Palace, where
he received notice of Knox's intention. The Primate immediately set out
for St Andrews at the head of upwards of one hundred men ; but when
he arrived in his own city, he found the inhabitants in such a state of ex
citement at the accounts of the numbers who followed Knox, that he was
compelled to return to Falkland on the following morning. Knox and the
insurgents were in the meantime approaching St Andrews, and when they
came to the heights from which the venerable towers of the city are first
seen, about two miles distant, they uttered a tremendous shout of defiance
and exultation. Knox entered St Andrews on Friday the 9th of June
1559, accompanied by Erskine of Dun, Wishart of Pitarrow, brother of
the " Martyr," and Halyburton, Provost of Dundee, followed by some
thousands of ignorant and misguided zealots. Knox met Archibald fifth
Earl of Argyll and Lord James Stuart, then Prior of St Andrews, after
wards the Regent and Earl of Moray, and the whole party concerted plans
on the Saturday. In projecting their intended wanton sacrilege, they
were defying several express acts of the Legislature, which prohibited, un
der severe penalties, such outrages. Knox preached in the Cathedral on
Sunday the 11th, and also, it is said, on the three following days, a series
of inflammatory discourses on the subject mentioned by Bishop Keith,
and the excited mob immediately afterwards began their work of destruc
tion. The magnificent Cathedral, the erection of which occupied one
hundred and sixty years — the metropolitan church of Scotland, in which
Prelates, Nobles, and illustrious men, were interred — was reduced to a
melancholy ruin, which may be justly termed Knox's monument. It was
on this occasion that Knox exclaimed, when he beheld the attack on the
Cathedral — " Down with the nests, and the rooks will fly away." While
one party of the insurgents was engaged in demolishing the Cathedral, the
churches in the city were spoiled, the Monasteries of the Dominicans and
Franciscans, the noble Augustinian Priory, the Provostry of Kirkheugh in
the vicinity, and the old church of St Regulus, were dismantled and de
stroyed. After this fearful sacrilege, St Andrews appeared as a ruined and
depopulated city. This dreadful outrage, strange to say, is the theme of
a jocular effusion, published in 1827, entitled — " Papistry Storm' d, or the
dinging doon o' the Cathedral, ane Poem, in Sax Songs," by William Tennant,
author of" Anstek Fair," appointed Professor of Oriental Languages in

206 THE HISTORY OF THE AFFAIRS [1559.
down and levelling the Monasteries of the Franciscan and
Dominican Friars to the ground ; the news whereof being
brought to the Queen, she presently gave orders for the
French soldiers to march to St Andrews ; directing procla
mations through all the adjacent parts ordering the fencible
men to meet her in arms the next morning at Cowper. The
Lords at St Andrews getting intelligence of this, resolved to
prevent her Majesty, and accordingly came to Cowper on
Monday night, accompanied only with about 100 horse ; and
they also having called their adherents to their assistance,
so readily was their summons obeyed, that next day before
noon their number was increased to above 3000, and Mr
Knox tells us, "that God did so multiply them, that it
appeared as men had rained from the clouds." On the
12th of the month, before sun-rising, the Queen's army
departed from Falkland, and the Congregation encamped
very early the same day, on the moor be-west Cowper.
When it was perceived by the Queen's party that the other
was' the most numerous, and that they all appeared forward
to fight, the Duke1 and the Earl Marischal had some private
conference with the Earl of Argyll and Lord James, with
design to divert an engagement which might prove fatal to
both parties. This conference had the desired effect, for
immediately the Lord Lindsay, with the Laird of Waughton,
were sent from the Earl of Arran, by consent of the Queen,
and as Commander-in-Chief of the Scots, to hear proposals
for peace. But because the Queen alledged she could not
agree to the demands of the Congregation until she had
first advised with the French King, viz. about sending away
the French soldiers, a truce only was made for eight days.
Bishop Lesly tells us, that after this agreement the Duke
and the Earl Marischal earnestly besought the Queen that
she would presently go for Edinburgh, and call a Parliament
to meet her there, as the best and only mean for healing the
disturbances that were then in the kingdom ; and that author
adds, that her Majesty did seriously lay to heart the advice
of these Noblemen, but that, whilst she was deliberating
thereupon, she got an account of the march of the Congre-
gationers towards Perth. The historians of the opposite
St Mary's College, St Andrews, in 1835. The volume attracted no notice,
and is now forgotten. — E.] 1 [Chatelherault. — E.]

1559.] OF CHURCH AND STATE IN SCOTLAND. 207
party give a different turn to their account of these affairs ;
and seeing the account we have from them is by much the
largest, I must proceed with the history as it is related by
them, and this. requires that a copy of the truce, as it was
then concluded, be laid before the reader, the tenor whereof
follows —
" We, James Duke of Chattellerault, Earl of Arran, Lord
Hamiltone, and my Lord d'Ozel, Lieutenant for the King in
these parts, for ourselves, our assistaries, and partakers,
being presently with us in company ; by the tenor hereof
promits, faithfully of honour, to my Lords Archibald Earl
of Argyle, and James Commendator of the Priorie of St
Andreus, to their assistaries and partakers, being presently
with them in company, that we and our company aforesaid
shall retire incontenent to Falkland, and shall with diligence
transport the Frenchmen, and our other folks now presently
with us ; and that no Frenchmen, or other soldiers of ours,
shall remain within the bounds of Fyfe, but so many as be
fore the raising of the last army, lay in Dysert, Kirkaldie,
and Kinghorne ; and the same to lye in the same places
onlie, if we shall think good. And this to have effect for
the space of eight dayes following the date hereof exclusive,
that in the mean time certain Noblemen, by the advice of
the Queen's Grace, and the rest of the Council, may convene,
to talk of such things as may make good order and quyet-
nes amongst the Queen's lieges. And farther, we, nor non
of our assistaries being present with us, shall invade, trouble
or disquyet the said Lords nor their assistaries, during the
said space. And this we bind and oblige us, upon our loyal
fidelity and honour, to observe and keep in every point above
written, without fraud or guile. In witness whereof we have
subscribed these presents with our own hands, at Garle-
banke, the 13 day of June 1559. James." " The other
subscription," says Mr Knox, " we could not read ; but the
similie is this, Meneits."1
This assurance, subscribed by the two generals of the
1 [See this document in Knox's History, p. 142, 143. Bishop Keith's
quotation at the end of it from Knox, does not appear in the Glasgow
edition of 1732.— E.]

208 THE HISTORY OF THE AFFAIRS [1559.
Queen's army, having been delivered to the Lords of the
Congregation, these first withdrew from the field, and next,
dismissing the multitude, they and the gentlemen went
straight to St Andrews, but when nobody came thither from
the Queen to treat of such things as had been promised, and
that complaints were daily brought in to them of the hard
ships used by the Laird of Kinfauns, whom the Queen had
placed Provost in the town of Perth ; the Earl of Argyll
and Lord James, Prior of St Andrews, the two chiefs of the
Congregation, wrote to the Queen, shewing — " how that at
her special desire they had dealt with the Congregation at
Perth, and had brought them to accept of the conditions
proposed by her Majesty, the breach whereof, chiefly in one
point, viz. the placing of a garrison in the town of Perth,
was no less dishonourable to them who had given their pro
mises to the contrary than it was grievous to the people ;
therefore their request was, that the garrison might be re
moved, and the town restored to its former liberty, which
thing, were it done, they doubted not but good success would
follow thereupon to her Majesty's content." No answer
having been returned by the Queen-Regent to this letter,
the Lords and Gentlemen of the Congregation took a reso
lution to expel the garrison out of Perth by force : and
having warned their friends of Fife, Angus, Mearns, and
Strathearn, to convene thereabout on the 24th of June, they
summoned the magistrates and garrison to leave the city
open to all her Majesty's lieges ; but they answering that
they would maintain the city for the Queen-Regent; and
the Earl of Huntly, Chancellor of the kingdom, together with
the Lord Erskine, and John Bannantine,1 Justice-Clerk,
having come from the Queen to persuade them to delay the
siege at least for some days, the Lords foresaid declared
that they would not delay it for one hour ; and therefore
they summoned the town a second time, certifying them in
the same manner as they had done before. And likewise
1 [Sir John Bellenden, eldest son of Thomas Bellenden of Auchinoul,
whom he succeeded as Lord Justice-Clerk, in June 1547. At the outbreak
of the Reformation, he was employed by the Queen Regent as a mediator
between her and the Lords of the " Congregation," but he soon joined
the latter. He obtained the lands of Woodhouselee near Edinburgh, the
property of the wife of Hamilton of Bothwellhaugh — a transaction which
led to the assassination of the Regent Moray. — E.]

1559.] OF CHURCH AND STATE IN SCOTLAND.

209

they declared to the Chancellor, that if but one person
should happen to be killed in the assault, all their lives
should pay for it. The Chancellor being much offended
herewith, departed from before the place, since he saw he
could not tiring about any good accommodation for the
Queen. Nevertheless, the garrison persisted to answer as
formerly. But when on Saturday, at ten in the night, they
perceived the battery to begin, and that no relief was like
to come from the Queen, they beat a parly, and agreed
that if against twelve o'clock on the morrow no succours
did arrive, then they should be allowed to march out with
colours flying ; which accordingly they did on Sunday the
25th of June, and the Lord Ruthven was repossessed of
his office of magistracy in the city. The next day some
zealous men, as Mr Knox says, were of opinion that some
course should be taken with the Bishop of Moray1 and the
Palace and Abbey of Scoon,2 situated a mile north of Perth,
because that from it he had threatened Perth with his men
that lay there. Upon which the Lords wrote to him, that
unless he would come and assist them, they could not save
his Palace. He promised to do so ; but it seems his answer
1 This was Patrick Hepburn, who was likewise Commendator of the
Abbey of Scoon.
2 [This Abbey, founded by Alexander I. in 1114, and dedicated to the
Holy Trinity and St Michael, belonged to a community of Augustine
Monks. It was situated two English miles — not one mile merely, as stated
by Bishop Keith — from Perth, on the site now occupied by Scone Palace,
the seat of the Earls of Mansfield. A message was sent to Bishop Hep
burn of Moray, the Abbot, intimating, that unless he came forward and
assisted the insurgents, whom he had threatened to attack in Perth, his
Abbey would be in jeopardy. He affected to comply, but a mob proceeded
from Perth, and destroyed the interior of the Abbey — the arrival of the
Earl of Argyll and Lord James Stuart only preventing its entire destruc
tion on that day. Knox, by his own admission, had great difficulty in
restraining his zealots from a fresh attack. The Earl of Argyll and Lord
James Stuart were obliged to leave Perth on a crusade into the southern
counties on the following morning, but they carried with them the most
turbulent and refractory of the insurgents, and left the others under the
command of John Knox. After their departure, however, a body of the
rioters circulated a report that a citizen of Dundee, who was prowling
about the Abbey for plunder, had been killed by an illegitimate son of
Bishop Hepburn. This so enraged the Dundee party of the insurgents
who were by far the most numerous, that they threatened to desert the
cause, if the death of their townsman was not avenged. The result was
the total destruction of the Abbey of Scone by fire, amid the shouts and
exultations of the assailants. — E.] 1A

210 THE HISTORY OF THE AFFAIRS [1559.
was somewhat late a-coming ; whereupon the men of Perth
and Dundee marched forward to demolish that stately
edifice. The Lords, some gentlemen, and Mr Knox, went
after them, to dissuade them from violence ; but nothing
could prevail. When the flames were ascending, an old
woman, perceiving that many persons were offended thereat,
said — " Now I see and understand that God's judgments
are just, and that no man is able to save where he will
punish. Since my remembrance, this place hath been nothing
else but a den of whoremongers; it is incredible to believe how
many wives have been adulterated and virgins defloured by
the filthy beasts which have been fostered in this den ; but
especially by that wicked man who is called the Bishop. If
all men knew as much as I, they would praise God, and no
man would be offended."1 At which words, Mr Knox says
— " Many were pacified, affirming with her that it was God's
just judgment ;" though he adds — " That if the labours or
travel of any man could have saved that place, it had not
been at that time destroyed ; for men of greatest estima
tion laboured with all diligence for the safety of it." This,
methinks, might have made Mr Knox ashamed of his own
conduct, by which he inflamed the passions of the multitude,
and even urged them forward to these disorderly proceed
ings, that are such a scandal to themselves, and so contrary
to the spirit of true Christianity. He ought to have blamed
himself, when he saw the dismal consequences which attended
his fiery counsels ; since, as he himself relates, neither the
principal Lords and gentlemen, nor even he the instigator,
was able to put a stop to that religious, or rather irreligious,
fury. It is an easy matter to raise the devil, but few know
how to lay him again.
1 [These charges against the Monks of Scone, which apparently rest
solely on the authority of the " old woman," or, as Knox calls her (His
tory, Edinburgh edition, 1732, p. 146), a " puir agit matrone," must be
received with great caution. It nevertheless appears that Bishop Hep
burn of Moray, the then Abbot of Scone, was not correct in his pri
vate life, as there is no doubt that he had at least one illegitimate son.
Archbishop Spottiswoode omits any notice of the declaration of Knox's
" puir agit matrone." — E.]

1559.] OF CHURCH AND STATE IN SCOTLAND. 2!1

CHAPTER IX.
CONTAINING AN ACCOUNT OF PUBLICK AFFAIRS, FROM THE TAK
ING OF THE TOWN OF PERTH BY THE CONGREGATION, IN THE
END OF JUNE 1559, UNTIL THE ACT OF DEPRIVATION MADE
BY THE SAID CONGREGATION, AGAINST THE QUEEN-REGENT,
IN THE END OF OCTOBER THE SAME YEAR.
After the taking of Perth, and the demolition of the fine
Abbey of Scoon, the place where our Kings were usually
crowned, the Queen-Regent, justly suspecting that those of
the Congregation would advance farther into the country,
and pay a visit of Reformation to the counties situated on
the south of the river Forth, and considering that the
town of Stirling was the only pass thither over land, by
means of its bridge, her Majesty had determined to send
thither some French soldiers, in order to prevent their pas
sage. Which being understood by the friends and spies of
those on the other side of the water, the Earl of Argyll
and the Lord James Stuart departed secretly from Perth,
late the same night they had been at ScoOn ; and entering
Stirling next morning, their presence did so animate those
who were of a like mind with them, that immediately they
pulled1 down all the Monasteries to the ground, in and about
that city ;2 and among the rest, the remarkable Abbey of
Cambuskenneth,3 situated in the midst of the valley a little
1 So says Buchanan ; but Mr Knox says, the rascally multitude had
done this before the coming of the Lords, but the difference is not very
material, only it is strange to find this last author giving the name of
rascallg multitude to those very persons whom, in the next sentence, he
very plainly looks upon to be Reformers. So that it is hard to know
what difference there was betwixt the company that followed the Lords
and him, and the multitude that was in each city, for they both wrought
the same work.
2 [Stirling never had any pretensions to the rank and dignity of a city.
It is simply a royal and parliamentary burgh. In the town were some
religious establishments of considerable wealth and importance, the chief
of which were the Monasteries of the Dominicans and Franciscan. These,
with the exception of the church belonging to the latter, were pulled down
under the auspices of the Earl of Argyll and Lord James Stuart. — E.]
3 [The beautiful and magnificent Abbey of Cambuskenneth was founded
by David I. in 1147, on one of the fine peninsular plains formed by the

212 THE HISTORY OF THE AFFAIRS [1559.
below the town, on the north bank of the Forth. After
three days abode at Stirling, in reforming and in levelling
the churches, they set forward to Edinburgh, for Beformation
to be made there likewise, as Mr Knox is pleased to word
it ; but made a halt at Linlithgow, which is a town lying
half-way betwixt Stirling and Edinburgh, being twelve miles
distant from each.1 There they made the same havock as
at Stirling. And though they were not above 300 men,
they struck such a terror wherever they came, that the
Queen, who was then at Edinburgh, and sufficiently informed
by the Lord Seton, then Provost of that city, that the incli
nations of the people were most on the other side, thought
fit to remove thence to Dunbar, with all her French and
Scots soldiers.
Meantime the Congregation marched forward to Edin
burgh on the good errand of Reformation, "whither," says Mr
Knox, " we arrived the 29th June ;" but before their coming,
such havock was made in the Monasteries, " that," adds this
author, " we were the less troubled in putting order2 to such
places." In this capital of the kingdom the Congregation
determined to remain some time, for putting their affairs in
order, and for suppressing all monuments of idolatry within
that city, and the places next adjacent ;3 and besides cleans-
windings of the Forth. A party of the insurgents, aided by a number of
the inhabitants of Stirling who had some private quarrels with the monks,
crossed the Forth to destroy the Abbey, with the approbation of Argyll
and his associate. The unfortunate ecclesiastics could offer no resistance.
In the course of one day the whole was dismantled, and reduced to a
mass of ruins, except the great tower, which is still to be seen in solitary
grandeur — an imposing object amid the splendid surrounding scenery.
Books, charters, and other documents, found in the Abbey, were muti
lated, burnt, and destroyed ; and the other valuable spoil was divided
among the insurgents. The only article they were anxious to preserve
was the bell of the Abbey. They placed it in a boat, with the intention of
carrying it to Stirling, but its weight sank the boat, and the ancient bell .
of Cambuskenneth Abbey lies at this day in the bed of the Forth. — E.]
1 [Linlithgow is eighteen English miles from Stirling, and seventeen
from Edinburgh. — E.]
2 It seems, then, that the rabble and the Congregation had one and the
same business to do. Bishop Lesly says, that besides the pulling down of
the Monasteries, they likewise beat down the houses belonging to the Pre
bends of the collegiate church dedicated to the Trinity, and the college
itself. (It is that church which stands at the foot of Leith Wynd.) And
last of all, they went and plundered the Abbey of Holyroodhouse.
3 [" All this tyme all Kirkmen's goods and gear were spulyeit and reft

1559.] OF CHURCH AND STATE IN SCOTLAND. 213
ing the churches of every thing that, according to them,
came under that denomination, they appointed preachers, of
whom Mr Knox was one, to expound the Scriptures to the
people. They also took possession of the coining irons in the
mint, because, as they pretended, the common necessaries of
life were become exceeding dear, by the stamping of base
money. The Queen, being much perplexed by these proceedings of
the Congregation, and dreading from such insults a total
overthrow of the regal authority, knowing herself in no con
dition to repel force by force, she determined to try a new
method for recalling the minds of the people to their due
and sworn allegiance, by representing to them these their
turbulent seducers in a true and proper light, for which pur
pose she emitted the following Proclamation : —
" Francis and Marie, by the Grace of God, King and
Queen of Scots, Doulphin and Doulphinesse of Viennois,
to our loved Lyon King of Arms, &c. our Sheriffs in that
part, conjunctly and severally, specialy constitute, greeting :
Forasmuch as our dearest mother Marie Queen Dowager
Regent of our Realme, and Lords of our Secret Council, per
ceiving the seditious tumult raised by one part of our lieges,
naming themselves the Congregation, who, under pretence
of religion, have put themselves in arms : And that her
Grace, for satisfying of every man's conscience, and pacify
ing of the said troubles, had offered unto them to affix a
Parliament, to be holden in January next to come, or sooner
if they had pleased, for establishing of a universal order in
matters of religion, by our advice, and Estates of our Realme;
and in the mean time to suffer every man to live at liberty
of conscience, without trouble, unto the time that the said
order was taken by advice of our foresaid Estates : And at
last, because it appeareth much to stand upon our borough
of Edinburgh, offered in like manner to let the inhabitants
thereof chuse what manner of religion they would set up
and use for that time, so that no man might alledge that
fra them in every place where the samyn culd be apprehendit : for every
man, for the maist pairt, that culd get any thing pertenying to any Kirk
men, thocht the same as weel won gear.'' Diurnal of Occurrents,
p. 269.— E.]

214 THE HISTORY OF THE AFFAIRS [1559.
he was forced to do against his conscience ; which offer
the Queen's Grace, our said dearest mother, was at all times,
and yet is ready to fulfil : Nevertheless the said Congrega
tion, being of mind to receive no reasonable offers, hath since
by open deed declared, that it is no religion, nor any thing
thereto pertaining, that they seek, but onlie the subversion
of our authority, and usurpation of our Crowne. In mani
fest witnessing whereof, they daily receive Englishmen with
messages unto them, and sendeth such like into England.
And last of all, have violently intromitted with, taken, and
yet withhold, the irons of our Cunzie-House, which is one of
the chief points that concerneth our Crowne ; and such like
have intrometted with our Palace of Holyroodhouse. Our
Will is therefore, &c. that ye pass to the Market Cross of our
said borough of Edinburgh, or any other publick place within
the same, and there, by open Proclamation, in our name and
authority, commaund and charge all and sundry persons of
the said Congregation, or yet being presently within our
said borough, other than the inhabitants thereof, that they,
within six hours next after our said charge, depart furth of
the same, under the pain of treason. And als, that ye com
maund all and sundry persons to leave their company, and
adhere to our authority, with certification to such as do the
contrary, that they shall be reputed and holden as manifest
traytors to our Crowne, &c."
This Proclamation was not without its effect, for though the
Congregation denied the facts asserted in it, except that
single one of seizing the irons of the Mint, yet it had such
influence over the minds of some persons engaged with them,
that they began visibly to shrink and fall away. For this
reason it was thought expedient by the leading men among
them to purge themselves, by a letter directed to the Queen,
of whatever false aspersions they judged to be fixed upon
them, and which was delivered to her Majesty by the Lords
Ruthven and Ochiltree, a copy whereof here followeth —
" Please your Grace to be advertised : It is come to our
knowledge that your Grace hath sett furth, by your letters
openly proclaimed, that we, called by name the Congrego>
tion, under pretence and colour of religion, convene together

1559.] OF CHURCH AND STATE IN SCOTLAND. 215
to no other purpose but to usurp our Soveraigns' authority,
and to invade your person representing theirs at this pre
sent ; which things appeareth to have proceeded of sinister
information, made to your Grace by our enemies, considering
that we never minded such things ; but only our mind and
purpose was, and is, to promote and set furth the glorie of
God, maintain and defend the true Preachers of his Word,
and, according to the same, abolish and putt away idolatry
and false abuses, which may not stand with the said Word
of God ; beseeching your Grace to bear patiently therewith,
and interpone your authority to the furtherance of the same,
as is the duty of every Christian Prince and good Magis
trate. For as to the obedience of our Soveraigns' autho
rity in all civil and politick matters, we are, and shall be as
obedient as any other your Grace's subjects within the
realme. And that our Convention is for no other purpose
but to save our preachers and their auditors from the in
jury and violence of our enemies, which should be more
amply declared by some of us in your Grace's presence, if ye
were not accompanied with such as have pursued our lives
and sought our blood. Thus we pray Almighty God to
have your Highness in his eternall tuition. Att Edinburgh,
the 2d of July, 1559."
The Queen, taking hold of the last clause of this letter,
did make offer of a safe-conduct to any that should come
unto her. Whereupon the Lairds of Pitarrow and Cun-
ninghamhead were sent to her Majesty, with commission
to declare their desires : — 1. That they might enjoy a liberty
of conscience. 2. That insufficient ministers be removed
from ecclesiastical administrations. 3. That Christ be truly
preached, and his Sacraments rightly administered. 4. That
their ministers be discharged from the process of treason,
and be admitted to execute their office without molestation,
until such time as, by a General Council lawfully convened,
or by a Parliament within the Realm, the controversies about
religion be decided. 5. That the French soldiers be sent
home. Which things being granted, they promise to her
Majesty experience of their accustomed obedience. What
reckoning her Majesty could make of so qualified an obe
dience, I shall not say ; but we are told that to these propo-

216 THE HISTORY OF THE AFFAIRS [1559.
sitions the Queen answered with seeming favour, and desired
to talk with some persons of greater authority ; promising
that if they would assure her of their dutiful obedience, she
would deny none of their requests. In compliance with this,
the Earl of Glencairn, the Lords Ruthven and Ochiltree,
and the Laird of Pitarrow, were quickly despatched with
the same commission as above, and came into her Majesty's
presence the 12th day of July. But now, it seems, she had
become more sensible of the differences that were arisen
among those of the Congregation, and so was probably
willing to spin out as much time as possibly she could,
hoping their numbers might divide or disperse, either upon
account of their present misunderstandings, or of their
domestick affairs. And therefore she began with complain
ing that she had not been sought to in a becoming enough
manner, and talked of some other matters which were but
little to the purpose ; and in the end of her discourse, she
showed a desire that the Earl of Argyll and the Lord
James might wait upon her. It appears likewise, that
during this petty negociation, and whilst the two parties
lay in the neighbourhood of one another, her Majesty had
not been wanting in promoting the misunderstanding among
the leaders of the Congregation, upon very colourable sus
picions and representations. For it was whispered about
that the grand intention was, to deprive the young Queen
of the regal authority, next to set aside the Earl of Arran
from his right of succession to the Crown, and, lastly, to
set up the Lord James in his room ; which insinuation
did not only serve to rivet, in the Queen-Regent's interest,
the Earl of Arran, his dependents and friends, but it like
wise inflamed the hearts of a great many other persons, and
even of some of the Congregation, who disliked such rebel
lious principles, insomuch that, for this very cause, several
of them began in good earnest to murmur. So that in
order to regain, or at least to soften, the minds of such as
seemed to be alienated from them, those that remained firm
were forced to emit a counter declaration, in which they call
God to witness that such crimes as they were charged with
had never entered into their hearts, and that their only
intention was to banish idolatry, and advance true religion,
and defend the preachers thereof; promising to continue in

1559.] OF CHURCH AND STATE IN SCOTLAND. 217
all duty towards their Sovereign and her mother the Regent,
provided they might enjoy liberty of conscience in matters
of religion.
When the Queen's desire concerning the Earl of Argyll
and Lord James's waiting upon her, was notified to the
Congregation, it was by no means thought expedient to
hazard their persons in such an employment, because the
Queen had been heard to say, that if by any means she
could divide these two from the rest (the truth is they were
the heads of the party), she was sure soon after to reach the
whole of her purpose ; and likewise one of her chief courtiers
was said to have boasted, that before Michaelmass next both
these gentlemen should lose their heads. However, that the
Queen's desire might not be altogether rejected, it was pro
posed, that the two above named persons should meet in any
place void of suspicion of danger, with a certain number in
company, which should be equal on both sides. To this the
Queen agreed, and deputed the Earls of Arran and Huntly,
the Lords Erskine and Somerville, Mr Gavin Hamilton, Abbot
of Kilwinning, and the Justice-Clerk ; and from the Con
gregation were deputed the Earls of Argyll and Glencairn,
the Lords Ruthven, Boyd, and Ochiltree, the Prior of St
Andrews, and the Lairds of Dun and Pitarrow. A hundred
persons on each side did accompany these commissioners to
the town of Preston in East-Lothian,1 the place of meeting
nominated by the Queen-Regent. After a whole day's con
ference there was little or nothing agreed upon; for the
Queen, seeming to yield a free exercise of religion, would
have it provided, that in what place she happened to come,
the preachers should abstain from preaching, and the Mass
only be used. But this the Commissioners from the Con
gregation rejected, alledging that this were to leave them
no church at all, for whenever the Queen pleased, she might
change the place of her residence, and so there could be no
certain exercise of religion, which would be the same thing
as to overthrow it altogether.
In these terms they parted for that night, yet the Con
gregational Lords seeming unwilling to break off the con-
1 [The decayed village or hamlet of Preston, a short distance inland
from the coast town of Prestonpans, nine miles from Edinburgh.— E.]

218 THE HISTORY OF THE AFFAIRS [1559.
ference, said, they would think more of the business, and ad
vertise what could be yielded unto. The truth is, they were
then desirous enough to have some tolerable accommodation
made, because sundry of their numbers had left them, and
were returned to their dwelling-houses. After further deli
beration, the Lord Ruthven and the Laird of Pitarrow were
sent back with this answer, viz. — That as they could not
hinder her Majesty to use what exercise of religion she
pleased,1 so they could 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 they said
they had often done) liberty to serve God according to their
consciences, and did beseech her Majesty to remove the
French soldiers, otherwise there could be no firm nor solid
peace ; and if her Majesty would promise, on the word of a
Prince, to allow that no other foreigners should be brought
into the country, they would not only furnish ships and
victuals for the transportation of those that were already
here, but would pawn their honours to protect her person
from injury ; and, moreover, that they would promise, in the
presence of God and of the whole Realm, to serve their
Sovereign her daughter, and her as Regent, as ever they did
any King within Scotland. They added also — That they
shouldcause their preachers give an account of their doctrine,
in her Majesty's hearing, to any that pleased to impugn
any thing they did or taught ; finally, that they were willing
to submit to a lawful Parliament, provided that the Bishops,
as the party accused, and their plain enemies, should be
removed from judgment. The Queen, hearing all, replied
only in the general, that she wished there might be peace ;
but to none of the points proponed made she any direct
answer ; for she had got certain intelligence that many of
the Congregation were dispersed, and therefore she was not
without hopes of bringing them all quickly to her own terms.
On the other side, the chief men, perceiving sufficiently what
the Queen drove at, agreed among themselves that the Lords
and Barons, with their servants, should remain in Edin-

1 The reader will be able to judge hereafter how long these gentlemen
continued to be of this mind.

1559.] OF CHURCH AND STATE IN SCOTLAND. 219
burgh during the winter, and that they would still retain in
their hands the Mint irons, lest the Queen should cause
transport them privately to Dunbar, and impoverish the
country by the continual coining of base money. The Queen,
hearing of these resolves, was extremely displeased, and
averred that now they had openly declared what she had
long suspected, namely, that they meant in good earnest to
usurp the Government ; and she further laid to their charge
the rifling of the Mint house of great sums of money. To
these complaints the Lords made answer, both by letters to
the Queen and Council, and by open proclamation1 to the
people, that they being sworn Counsellors of the Realm,
and sworn to procure the profit thereof, when they under
stood 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 than stay the coining
of more lay-money, until the Nobility and Council had taken
further deliberation therein. And whereas it was given out
that they had spoiled the Mint house 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, both coined and uncoined, which was
found there.
The Queen being not only certified that the Congregation
at Edinburgh was turned pretty thin, but likewise that those
that remained there kept no military discipline nor regular
watch, it was advised by those about her Majesty not to
let slip the opportunity, but to march immediately to Edin
burgh. And accordingly, on Sunday the 23d of July, in the
evening, they left Dunbar, and the next morning, before the
rising of the sun, they were within two miles of Edinburgh.2
1 This proclamation is the same which I just now mentioned under the
name of a Counter Declaration ; but because I see nowhere a just and
full copy of it, therefore I cannot affirm for certain whether it was emit
ted immediately after the Queen-Regent's proclamation, or delayed till
some time after. Archbishop Spottiswood, who gives the best abstract of
it, says, that the Congregation took no notice therein of what the Regent
laid to their charge, concerning intelligence with England, and the design
of expelling the French soldiers by force : wherefore that author suspects
that they knew themselves to be guilty of that charge, as certainly they
were, which the reader wiU perceive by Original Letters in the Appendix
Number XIII. '
2 [This must have been a very rapid march during the night, as

220 THE HISTORY OF THE AFFAIRS [1559.
The Lords of the Congregation found themselves now in
much perplexity ; for though they could have saved them
selves by flight, yet they neither liked to abandon the citi
zens, who were generally in their interest, nor cared they to
see their ecclesiastick affairs defaced, which they had then
brought into the order of their own model. Somewhat
encouraged they were by the inhabitants of Edinburgh, as
well as by those of Leith, who promised to support them ;
as also by the coming in of some few gentlemen from the
shires of Lothian and Fife, whom they had writ for the
Saturday before, which in the end determined them to march
out of Edinburgh towards Leith, in order to join their ad
herents there. But before they could reach thither, that
town had surrendered itself to the Queen's army, so that the
Congregation made a turn, and retired to the east side of
the Craigingate,1 on purpose to receive the enemy there ;
but the Queen's party, being privately assured beforehand
of the friendship of the Lord Erskine, Governor of the
Castle of Edinburgh, which was little thought of by the
other party, they prepared to cross the Water of Leith, in
order to enter Edinburgh by the West- Port. The Lords of
the Congregation, perceiving that it would be but the expos
ing of a great many lives, should they offer to make resist
ance, since the Lord Erskine had sent them a threatening
message, declaring he would fire upon them should they
pretend to stop the Queen from entering the city, they
judged it most expedient to accept of the following terms
of accommodation, drawn up in the Links of Leith on
Monday the 24th of July, and which had been offered them
that same day by the Queen.
"I. That2 the Congregation and their adherents, other
than the inhabitants of the town of Edinburgh, shall remove
Dunbar is twenty-seven miles from Edinburgh. The Queen-Regent's
troops halted on the ground now occupied by the thriving Parliamentary
burgh of Portobello.— E.]
1 [No such locality is now known in Edinburgh as the Craigingate. It
appears from the text that the Canongate is meant. — E.]
2 Because Bishop Lesly gives these Articles somewhat differently, I shall
here set down such of them as agree not with these. 1. The inhabitants
of Edinburgh (i.e. such of them as were Congregationers), may either re
main in it, or depart as they shall think fit. 2. That the Congregation do

1559.] OF CHURCH AND STATE IN SCOTLAND. 221
themselves forth of the said town the morrow at ten hours
before noon, the 25th of July, and leave the same void, and
rid of them and their said company, conform to the Queen's
Majesty's pleasure and desire.
" II. The said Congregation shall cause the irons of the
coining-house, taken away by them, be rendred and delivered
to Mr Robert Richeson, and likewise the Queen's Majesty's
Palace of Holyroodhouse to be left and rendered again to
Mr John Balfour, or any other having her Majesty's suffi
cient power in the same matter, as it was resolved ; and
that betwixt the making of these Articles, and the morn at
ten of the clock. For observing and keeping of these two
Articles above written, the Lord Ruthven and the Laird of
Pitarrow have entered themselves pledges.
" III. The said Lords of the Congregation, and all the
members thereof, shall remain obedient subjects to our
Lord and Lady's authority, and to the Queen-Regent in
their place, and shall obey all laws and laudable customs of
this Realm, as they were used before the moving of this
tumult and controversy, excepting the cause of religion which
shall be hereafter specified.
" IV. The Congregation, nor any of them, shall not
trouble or molest a Churchman by way of deed, nor yet shall
make them any impediment in the peaceable brooking, en
joying, and uptaking of their rents, profits, and duties of
their benefices, but that they may freely use and dispose
upon the same, according to the laws and customs of this
Realm, to the 10th of January next to come.
" V. The said Congregation, nor none of them, shall use
in noways from thenceforth any force or violence, in casting
down of churches, religious places, or apparel thereof, but
the same shall stand harmless of them unto the 10th day of
January. " VI. The town of Edinburgh shall, without compulsion,
use and chuse what religion and manner thereof they please
restore what moneys belonging to the publick they had privately or by
force taken. 5. That the Congregation shall at no time hereafter violate
any church or religious house. 6. That the city of Edinburgh shall enjoy
hereafter liberty of conscience. 7. The Queen shall take care that the
preachers be not molested by the Magistrates of the established religion ;
nor shall she in any manner vex them herself.

222 THE HISTORY OF THE AFFAIRS [1559.
to the said day, so that every man may have freedom to use
his own conscience to the day aforesaid.
" VII. The Queen shall not interpose her authority to
molest and trouble the preachers of the Congregation, nor
their ministry, to them that please to use the same, nor no
other of the said Congregation, in their bodies, lands, and
goods or possessions, pensions, or whatsoever kind of goods
they possess ; nor yet suffer the clergy, or any other, either
spiritual or temporal jurisdiction, to trouble them in any
manner of sort, privately or openly, for the cause of religion,
or any other action depending thereupon, to the said 10th
of January within written ; and that every man, in particu-,
lar, live in the mean time according to his own conscience.
" VIII. That no men of war, French nor Scots, be laid in
daily garrison within the town of Edinburgh, but to repair
thereto to do their lawful business, and thereafter to retire
them to their garrisons."
Before I proceed farther, it is fit to notice here the death
of Henry II., King of France, which happened on the 8th
day of this month of July ; which death, as it was much
unlooked for, so it could not but mightily influence the affairs
of this kingdom. And if it is true what Sir James Melville
relates (and I see no reason to doubt of it), our country
suffered a great and irretrievable loss thereby. For that
gentleman informs us, how that King, having been suffi
ciently apprised of the troubles which had arisen in Scotland
upon account of religion, and that these commotions were
rather fomented than settled by the bad counsel which the
French officers gave to the Queen-Regent, had taken a re
solution, by the advice of his Prime Minister the Duke of
Montmorency, Great Constable of France, to send over Mr
Melville into Scotland, in order to inform himself whether
the subjects thereof had taken up arms merely for conscience
sake, and in defence of their religion ? or if the Prior of St
Andrews had any secret hand in the insurrection, with a
sinister view of usurping the Crown ? Whether the Congre
gation in Scotland were rankled by the falsification of any
promises that had been made them by the Queen-Regent ?
or whether they desired another Lieutenant should be sent
into Scotland in place of Monsieur d'Oysel, who, his Majesty

1559.] OF CHURCH AND STATE IN SCOTLAND. 223
had heard, was unacceptable to that people 1 Mr Melvil
arrived at Falkland, where the Queen-Regent then was, the
very day on which her army and that of the Congregation
faced each other on Cupar-Muir. The chief thing that he
laid himself out for, was to know the intention of the Lord
James, Prior of St Andrews. To him he was introduced
by Mr Henry Balnaves ; and the Prior (as who would doubt
it) protested he had no bad designs ; and for a testimony of
his innocence and integrity, declared that he was willing to
banish himself for ever out of Scotland, provided the Queen
and the King of France would be pleased to allow to his
associates a liberty, only such as she had formerly granted
them. Mr Melvil satisfied himself with this answer of the
Prior (one would think he had been a little too credulous),
and without more ado returned with it into France, where,
to his great mortification, he found that King lying sick unto
death. Immediately after which event, the Duke of Mont
morency was discharged from Court, and the Duke of Guise
and his brother the Cardinal of Lorraine, brothers to our
Regent, and uncles to our native Queen, became the chief
favourites of the new King Francis II., husband to our
Sovereign. These men presently advised the King and
Queen to give orders to the Queen-Regent to prosecute the
rebels in Scotland with the utmost force and rigour, and
assured her of a speedy assistance from France to quell and
reduce them into order. What was performed by the Crown
of France, and what success this advice had, will be seen in
the following part of this History.
After the accommodation on the Links of Leith ] was agreed
to on Tuesday, the 25th of July, and signed by the Earls of
Arran and Huntly, and Monsieur d'Oysel, the Queen-Regent
came and took possession of the Palace of Holyroodhouse,
situated at the east end of the city of Edinburgh;2 and look
ing upon matters as now brought to a tolerable issue, allowed
1 [A spacious common extending north-east from the town of Leith,
immediately behind Constitution Street, to the shore of the Frith of Forth
at Seafield Baths. — E.]
2 [The then Palace of Holyroodhouse was only a part of the present
edifice, which was completed by Charles II. See the note, p. 16, of this
volume. The situation of the Palace, at the east end of the Canongate Street
in the Old Town of Edinburgh, where it leads into the royal parks, and to the
romantic hills of Arthur's Seat and Salisbury Crags, is well known.— E.]

224 THE HISTORY OF THE AFFAIRS [1559.
the Earls of Arran, Huntly, and Marischal, to return home
to their own houses. But the two former Earls, the next
day after the Pacification, signified a desire to speak with
the Earls of Argyll and Glencairn, the Lord James, and
some others of the Congregation. Accordingly they all met
at the Quarrel-Holes,1 betwixt Leith and Edinburgh ; and
there the two first named Earls promised to the other, that
if any part of the agreement should be violated or infringed,
but especially if the French soldiers were not transported
out of the kingdom, that then they would willingly join their
forces to effectuate and make good the same. Next day,
being Wednesday, the Lords of the Congregation, after
having heard sermon in Edinburgh, caused proclamation to
be made at the Cross thereof, with sound of trumpet,2 of
the stipulations agreed upon in behalf of themselves ; and
then they left the town, and went to Stirling, where, after a
new consultation, they drew up the following Bond of mutual
defence for maintenance of religion, which was subscribed
by all who were present. After which the Earl of Argyll
and the Lord James took journey westward, and appointed
the Earl of Glencairn, the Lords Boyd and Ochiltree, and
some others, to meet them at Glasgow, in order to concert
measures for defeating the Queen's projects in the western
counties. The tenor of the Bond. — "We, foreseeing the craft and
sleight of our adversaries, tending all manner of ways to
circumvent us, and by privey means intendeth to assayle
every one of us, particularly by fair heghts and promises,
therethrough to separate one of us from another, to our
utter ruin and destruction ; for remedy thereof, we faithfully
and trewly bind us, in the presence of God, and as we tender
the maintenance of trew religion, that none of us shall, in
time coming, pass to the Queen's Grace Dowager, to talk or
1 [Properly Quarry Holes, though well named Quarrel Holes, as the scene
of numerous duels and private rencontres. This locality is near the east
end of the Calton Hill of Edinburgh, in the immediate vicinity of the
suburb north-east of the Palace of Holyrood, called the Abbey Hill, and
of the modern south eastern entrance to Edinburgh, known as the London
Road.— E.]
2 Such a solemn proclamation was then (and indeed deserved to be)
looked upon as a piece of too much arrogance.

1559.] of church and state in Scotland. 225
commune with her, for any letter or message sent by her
unto us, or yet to be sent, without consent of the rest,^ and
common consultation thereupon ; and how soon that either
message or writing should come from her unto us, with utter
diligence we shall notifie the same one to another, so that
nothing shall proceed therein, without common consent of us
all. Att Stirling, the first day qf August 1559."
I shall leave the reader to make his own reflections on
the narrative of this Bond, and on the following resolve
made presently thereafter, viz.—" To seek aid and support
of all Christian Princes against the tyranny of the Queen-
Regent, in case she should go on to molest them, but espe
cially of England, as being of the same religion with them
selves." But it is remarked by our historians, that the
Queen-Regent was more careful to observe the last agree
ment, than she had been of some former ones. Only they
tell us that she took several discreet methods to obtain the
High church of Edinburgh for saying Mass, if it were but
before or after sermon, but that she was still answered with
a flat denial ; or that if she would offer to take the church
by violence from them, they behoved to suffer what they
could not help, but assured her that they would make use
of the next remedy ; and this, we may guess, was to repel
force by force. It is likewise said, and probably enough too,
that the French soldiers1 made great disturbances in the
churches the time that the people were at sermon, on pur
pose to make them forsake the churches, and go to some
more retired places for that end. But none of their inso
lences signified any thing at all, so as to induce a voluntary
relinquishing of the churches. Mr Knox retired with the
Congregation to Stirling, and Mr Willocks remained preacher
in Edinburgh.
In the beginning of September there came a French
gentleman named Monsieur de la Croc, to certify the Queen-
Regent that an army was a-getting together in France, to
be transported into Scotland, under the command of her
brother the Marquis d'Elbeuf, and that in the meantime a

1 One half of these lay in the Canongate, the principal suburbs of Edin
burgh, and the other half lay in garrison at Leith. 15

226 THE HISTORY OF THE AFFAIRS [1559.
few troops, with money and ammunition, and some gentle
men that were capable to assist her Majesty with their
counsel in these troubles, would very speedily arrive. The
same gentleman brought likewise letters from the Queen,
and Francis, now King of France, her husband, bearing date
at Paris the 17th and 24th days of July 1559, to the Lord
James, Prior of St Andrews, full of reproaches and menaces.
And the bearer also declared, by word of mouth, that he
was commanded to say. unto him — " That the King his mas
ter would rather spend the crown of France, than not be re
venged of the seditious persons in Scotland." To all which
the Lord James returned an answer in writing to the King
of France only, dated from Dunbarton, the 12th of August
1559, importing — " That he had done nothing against God,
nor the obedience due to his Majesty nor the Queen, and
that he hoped, if his Majesty were informed how that all the
late proceedings in Scotland were grounded upon the ad
vancement of God's glory, he, nor any of his subjects, should
have no occasion to fear his Majesty's wrath and indigna
tion." The Queen, who had now got notice of the appointment
made by the Lords of the Congregation in the West, and
that they had ordered their friends to assemble together on
Go van- Muir, near to Glasgow, on Monday the 28 th of
August, wrote letters on the 10th of the same month to the
Earl of Arran, and to every other Lord and Baron in whom
she had the least confidence, signifying to them the certain
knowledge she had got of that matter, and praying them to
convene with their followers to whatsoever place she should
advertise by her proclamation.
According to the advice given the Queen-Regent by
Monsieur de la Croc, there did very quickly arrive at Leith
about 1000 French soldiers, commanded by one Oetavian,
who brought along with him money and other necessary
provisions for war. These soldiers were immediately em
ployed to fortify the town of Leith -1 but their commander
1 [After the accession of Francis II., the husband of Queen Mary, to
the throne of France, powerful reinforcements were expected in Scotland
from that kingdom. The Queen-Regent moved her troops into Leith,
and took possession of that town, which she ordered to be fortified, as the
most convenient place of safety to which she could retire. Though the

1559.] OF CHURCH AND STATE IN SCOTLAND. 227
was in a few days dispatched back into France by the Queen,
with a request to that King for as many more soldiers, and
100 horsemen in armour, and four ships of war to cruise in
the Frith of Edinburgh ; with which supplies, if speedily
sent, she doubted not to reduce the whole kingdom to a
peaceable condition. And that the French King might be
the more quick in granting these supplies, the Queen did at
the same time advertise him, that the contrary party had
demanded assistance from England, Germany, and Den
mark ; and that they kept correspondence even with some
principal persons of the kingdom of France, who had pro
mised to use their endeavours that no supplies should be
sent her from thence. Before the return of this Captain, viz.
on the 19th September, there arrived in Scotland Nicolas
Queen-Regent at this crisis had the advantage of the " Congregation," she
was advised to attempt » negotiation. A treaty was concluded not un
favourable to the insurgents, but the Queen-Regent's mildness was treated
by them with ingratitude, and they issued manifestos in open defiance of
the Government. They publicly declared that they would seek the as
sistance of England, and it will be immediately seen, in Bishop Keith's
narrative, that they had the boldness to deprive the Queen-Regent of the
government, refusing to obey her as the authorized representative of then-
Sovereign. But this unconstitutional procedure was treated with contempt.
The Queen-Regent continued in Leith, and she is accused of levying
L.3000 from the inhabitants, which they never recovered. Leith had
been fortified by the French under General D'Esse, ten years previously,
and the works consisted chiefly of an octangular rampart of earth, with
eight bastions, one at each angle, vestiges of which were distinctly visible
in 1753. The Queen-Regent commenced a thorough repair of the ram
part, assisted by the French auxiliaries under her command, and this move
ment widened the rupture between her and the " Congregation." Never
theless, on the 25th of July, a few days after the Queen-Regent marched
to Leith Links from Dunbar, a conference was held on behalf of both
parties ; the Duke of Chatelherault, at that time in her interest, the Earl
of Himtly, and the French Commander d'Oysel, acting for the Queen-
Regent, and the Earls of Argyll, Glencairn, and others, for the " Congre
gation." The substance of the negotiation was, that the Queen-Regent
was not to molest the Reformed preachers, and the " Lords of the Con
gregation" bound themselves to be obedient subjects and observe the laws.
It is traditionally said that the Queen-Regent thought proper to have the
service of the Church of Rome celebrated in the edifice now used as the
parish church of South Leith, out of which she ordered the minister's
pulpit to be taken; but this was no great infringement of the treaty,
when it is considered that the Queen-Regent was in possession of the town
in the name of the Sovereign her daughter— that the preacher had fled—
and that the Roman Catholic Church was then the authorized ecclesias
tical system of the kingdom. — E.]

228 THE HISTORY OF THE AFFAIRS [1559.
de Pelue, Bishop of Amiens, together with three French Doc
tors of Divinity, and Monsieur la Brosse, a military person.
The Bishop came with the character of Legate a latere from
the Pope. And Lesly tells us, that sometime after his
arrival he set about purging the High church of Edinburgh
from heretical pollutions ; which, he says, was done with a
great shew of piety and devotion, and that several of the
Scottish Prelates and inferior clergy, following his example,
were very diligent and successful in their ecclesiastical minis
trations. The same author also informs us, that these
Sorbonne Doctors, by their sermons and reasonings, had great
success in establishing unsettled persons in the belief of the
Catholic doctrine.
The Lords of the Congregation, pursuant to an appoint
ment made among themselves before their last departure
from Stirling, met again there on the 10th of September,
and thither came to them the Lord Hamilton, eldest son to
the Earl of Arran. He had been Colonel of the Scots
Guards in France, but having imbibed somehow or other a
good liking to the new opinions, and having expressed him
self too freely on that subject at Court, he found it prudent
to retire first to Geneva, and then to England, from whence
he came home into his native country. And having visited
his father, then commonly called the Duke,1 he went next to
Stirling, and from thence returned to his father at Hamilton,
accompanied by the Lords of the Congregation. There he
made up some old feuds that were then subsisting betwixt
his father and some of those Lords, and gained him so
entirely over to the Congregation, as to take part with them.
After which there was a letter wrote to the Queen-Regent,
dated at Hamilton, the 29th of September, and subscribed
by the Duke, the Earls of Arran (that is, the Lord Hamil
ton), Argyll, Glencairn, Monteith, the Lords Ruthven, Boyd,
and Ochiltree, and some others, the substance whereof was
— That they marvelled how she unprovoked could so soon
deviate from the late appointment, and place a colony of
foreigners in the town of Leith, minding thereby to keep
the country under a tyrannical subjection. They entreated
1 Viz. Of Chastelherault in France. And he was styled simply tiw J>Ah
because there was none other of that dignity in Scotland at the time.
His son after his return was sometimes styled Earl of Arran.

1559.] OF CHURCH AND STATE IN SCOTLAND. 229
her Majesty to desist from that course, and not to drive
them to a necessity of seeking the concurrence of their
fellow-subjects, for resisting the mischief intended against
the whole community.1 But there were so many letters,2
proclamations, declarations, &c. sent and dispersed up and
down the kingdom, both to private persons and the body of
the people, from the Queen and the Congregation, that I
cannot pretend to give an abstract of them all. I shall
only take notice in general, that they all tended to clear
1 [The following is a modernized version of the letter of the " Congre
gation" sent from Hamilton to the Queeu-Regent. — " Madam, We are
credibly informed that your army of Frenchmen have instantly begun to
plant Leith, and to fortify the same, with the intention of expelling the
ancient inhabitants, our brethren of the Congregation, therefrom; where
fore we marvel not a little that your Majesty should so manifestly break
the appointment made at Leith [see the note, p. 227] without any pro
vocation given by us and our brethren. And seeing the same is done
without any manner of consent of the Nobility and Council of the Realm,
we esteem the same not only oppressive of our poor brethren and in-
dwellers of the said town, but also very prejudicial to the commonweal,
and contrary to our ancient laws and liberties. We therefore desire your
Majesty to cause the same work enterprized to be stayed, and not to at
tempt so rashly and so manifestly against your Majesty's promise to the
commonwealth, the ancient laws and liberties thereof ; which things, be
sides the glory of God, are most dear and tender to us, and our only pre
tence; otherwise assuring your Majesty we will complain to the whole
Nobility and commonality of this Realm, and most earnestly seek for
redress thereof." The Queen-Regent, in a reply defending her conduct
for fortifying Leith, placed herself in the situation of a harmless bullfinch
or linnet surrounded by a crowd of ferocious hawks, as if she were in
constant danger of being clutched by the talons of Chatelheranlt and
Argyll, or gored by the beaks of Lord Ruthven and others of the party.
" And like as a small bird, still pursued," says the Queen- Regent, " will
provide some nest, so her Majesty could do no less, in case of pursuit, but
provide some sure retreat for herself and her company; and to that effect
chose the town of Leith, a place convenient for that purpose, and no other
person could claim title or interest thereto; and also because in former
times it had been fortified" — alluding to the ramparts raised ten years
previously by D'Esse, as it does not appear that Leith possessed any mili
tary works before that time.— E.]
2 They are to be seen in Mr Knox's History ; and that author seems
to own that the Queen's papers gained most credit in the nation, which is
the more to be admired, that in the papers emitted by the Congregation,
in forming whereof he no doubt had a great hand, there are the most
solemn appeals to Almighty God for the uprightness of their undertak
ings. But it appeai-s our forefathers have then seen, and we their posterity
have since learned by dear bought experience, that the usurpation of the
sacred name of God is not always a sure sign of the truth, even in publick

230 THE HISTORY OF THE AFFAIRS [1559.
their own side, and load the other with reproaches, and by
that means they served chiefly to widen the differences more
than ever. So that both parties proceeded to a vigorous
prosecution of each other by force of arms.
The Queen's design of fortifying Leith, and making it a
place of arms, hath been already mentioned. And the
Congregation, to be somewhat even with the Queen in that
point, had seized on Broughty Castle1 on the north side of
the mouth of the river Tay, as being commodious for re
ceiving foreign assistance, and likewise for preserving the
towns of Dundee and Perth. The Congregation also entered
into a resolution to dislodge the Queen's forces from Leith ;
and for that purpose they came to Edinburgh the 18th of
October, and the same day the Queen went from the Palace
of Holyroodhouse, and entered into the safeguard of the
garrison at Leith. Now, though it be true, as is evident
by this last movement, that neither party had been able,
by their several declarations hinc inde to gain much ground
over the other, yet it is as certain, that the charge laid by
the Queen against the Duke in particular of a design to
usurp the Government, and in general against all the other
1 [The stately ruins of Broughty Castle are three miles east of Dundee,
on a peninsulated rock in the Frith of Tay, close to the modern pleasant
village and bathing retreat of Broughty Ferry, distant from the opposite
shore of Fife little more than a mile. When Broughty Castle was built,
or by whom, is not ascertained, but one of the earliest notices of it is in
1492, and it is then mentioned by Boece as the scene of a foolish and ridi
culous prodigy. From 1547 to 1550, Broughty Castle witnessed exploits
intimately connected with Scottish history. The Duke of Somerset oc
cupied it with a sufficient garrison in 1547 after the battle of Pinkie, and
it was in vain besieged by the Regent Arran, who lost on that occasion all
his ordnance. Two attempts against Broughty Castle by the Earl of
Argyll and Monsieur D'Esse were also unsuccessful ; but the fortress was
at last, in 1550, surrendered to the allied forces of the Scots, French, and
Germans, commanded by Des Thermes, the successor of D'Esse. A nar
rative of this siege was published at Paris in 1556, by Monsieur Beague,
who was present, and who, after some severe reflections on Lord Gray
the then proprietor, a Scottish Nobleman conspicuous for his venality
to Henry VIII., states — " Broughty is a castle so conveniently situated,
that at full tide, ships of 150 tons may ride at anchor within a hundred
paces of it." The Castle was afterwards dismantled, and though occasion
ally repaired, it was eventually allowed to become a ruin. In Queen
Mary's time the greater part of the now finely cultivated tract between
the village of Broughty Ferry and Dundee, skirted on the shore by the
Dundee and Arbroath Railway, was an unprofitable marsh. — E.]

1559.] OF CHURCH AND STATE IN SCOTLAND. 231
Lords, to subvert the same one way or other, under the
specious pretence of religion, had its own weight with seve
ral of their friends ; insomuch that many gentlemen, and
especially those of Lothian, began to murmur, and did
actually cease from giving the Congregation any assistance
for some days after they had come to Edinburgh. To era
dicate this suspicion from the minds of men, it was judged
proper that the Duke1 should make a solemn purgation of
himself from any such design, which was likewise done by
sound of trumpet at the Market-Cross of Edinburgh, the
19th of October, in which he protested, that neither he
nor his son had ever an intention to affect any pre-eminence,
or to usurp the regal authority ; but that they had joined
themselves to the rest of the Nobility and others, merely to
support the cause of religion, and the liberty of the country,
which, he said, were plainly invaded by the Queen-Regent
and her French soldiers.
The same day the Congregation sent a letter to the
Queen-Regent, requiring her to command all soldiers and
foreigners to depart the town of Leith, and leave it patent
to the Queen's lieges ; assuring her Highness, that if she
refused to comply with their requests, they would take it as
an argument of her intention against the liberty of the
kingdom, and that they would provide against the same the
best remedy they could. In answer to this message, the
Queen, on the 21st of October, sent Lyon King-at-Arms
with this writing, viz. —
" After commendations, we have received your letter of
Edinburgh the 19th of this instant, which appeareth to us
rather to have come from a Prince to his subjects, than
from subjects to them that bear authority. For aunswer
whereof, we have presently directed unto you this bearer
Lion Herald King of Arms, sufficiently instructed with our
mind, to whom ye shall give credence. Att Leith, October
21st 1559. Marie R."
1 It is to be noticed, that the Lord Hamilton returned home by Eng
land, where he saw Elizabeth, who, it is said, gave him hopes not of
the Crown of Scotland, but also of her marrying him herself ; which, if
true, no doubt was the argument that brought over so easily his father,
and made both so forward to make up old feuds. But see Appendix,
Number XIV.

232 THE HISTORY OF THE AFFAIRS [1559.
His Credit was this. — " That the Queen wondred how any
durst presume to command her in that Realm, which needeth
not to be conquest by any force, considering that it was
already conquest by marriage ; that Frenchmen could not
justly be called strangers, seeing that they were naturalized ;
and therefore that she would neither make that town patent,
neither yet send any man away, but as she thought ex
pedient. She accused the Duke of violating his promise.
She made long protestation of her love towards the Com
monwealth of Scotland ; and in the end commanded,
that, under the pain of treason, all assistaries to the
Duke, and unto them, should depart from the town of
Edinburgh." The Lord Lyon having thus delivered his Credit, and per
formed the other part of his office of herald, the Lords, in
the first place, ordered him to remain in Edinburgh until he
should receive their answer to her Majesty; then they
gathered the Nobles, Barons, and burghers of their faction
within the Tolbooth of that city, the same 21st of October.
The Lord Ruthven1 was chosen Preses of the meeting, who,
after he had declared how matters then stood betwixt the
Queen-Regent and them, he desired every one to give his
sentiment concerning this question, viz. — " Whether she that
so contemptuouslyrefused the most humble request of the born
Counsellors of the Realm, being also but a Regent, whose
pretences threatened the bondage of the whole Common
wealth, ought to be suffered so tyrannically to domineer over
them ?" This motion seemed dangerous to some, as wanting
a precedent in this kingdom, at least for a great many years
back ; nay, and that such an action had been always done
under the shadow and name of the regal authority. Others
again said — The Queen, being only Regent, might very well be
prohibited to use the name of their Sovereign, when her pro
ceedings were known to be pernicious to the kingdom. In
this diversity of opinions it was thought meet to take the
judgment of their preachers. Mr John Willocks, as hav
ing performed that office for some time past in Edinburgh,
1 [Patrick third Lord Ruthven, who was the principal actor in the
murder of Rizzio in the Palace of Holyrood, 9th March 1566. He was
the grandfather of the first Earl of Gowrie. — E.]

1559.] OF CHURCH AND STATE IN SCOTLAND. 233
was first called upon. He, after having spoke somewhat
concerning the divine ordinance of magistracy, the limitation
*of it by the Word of God, and the instances of deposing
Kings recorded in the Scriptures, did conclude — "That since
the Queen-Regent denied her chief duty to the subjects of
this Realm, which was, to minister justice to them indiffe
rently, to preserve their liberties from invasion of strangers,
and to suffer them to have God's Word freely and openly
preached amongst them ; seeing, moreover, that the Queen-
Regent was an open and obstinate idolatress, a vehement ob-
tainer of all superstitionand idolatry, as also she openly de
clares the country to be conquest, and no more free ; and,
finally, that she utterly despiseth the counsel and requests
of the Nobility, he could see no reason why they, the born
Counsellors, Nobility, and Barons of the Realm, might not
justly deprive her from all regiment and authority amongst
them." After this the judgment of Mr Knox was required, who,
approving the sentence of his brother, added first — •" That
the iniquity and disorder of the Queen-Regent ought in no
wise to withdraw our hearts, nor the hearts of other subjects,
from the obedience due unto our Sovereigns. Next, That if
we deposed the said Queen-Regent, rather from malice and
private envy than for the preservation of the Commonwealth,
and for that her sins appeared incurable, that we should not
escape God's just punishment, howsoever that she had de
served rejection from honours. And in the last place, he re
quired that no such sentence should be pronounced against
her; but that, upon known and open repentance, and upon
her conversion to the Commonwealth, and submission to the
Nobility, place should be granted unto her of regress to the
same honours, from the which for just causes she justly
might be deprived."1
These were the sentiments of the preachers, concerning
which Archbishop Spottiswood judiciously observes, that it
had been a better and wiser part in them to have excused
themselves from giving any opinion in these matters, seeing
they might be sure to have it cast in their teeth, to the
1 [Knox's History, Edinburgh edition, 1732, folio, p. 183. Bishop Keith
has considerably modernized the language uttered by Willox and Knox,
which is the Scottish vernacular, but the sense is carefully preserved. — E.]

234 THE HISTORY OF THE AFFAIRS [1559.
scandal of their profession.1 However, it seems the multi
tude of the Congregation was so well disposed to be guided
by the preachers, that no sooner had they given out their
oracle, and every man being commanded to speak, as he
would answer to God, what his conscience judged in that
matter, there was none found in the whole number who did
not by his tongue consent to the Queen's deprivation, which
was quickly drawn up and formed into an Act, a copy
whereof may be seen in Mr Knox's History,2 who tells us
that the same was proclaimed by sound of trumpet at the
Market Cross of Edinburgh, and that thereafter the Lord
Lyon was dismissed to the Queen with the following letter :
" Please your Grace:3 We have received your answer, and
heard the Credit of Lion King of Arms, whereby we gather suf
ficiently your perseveration in evil mind towards us, the glory
of God, our Commonwealth, and liberty of our native countrey,
for saving of the which, according unto our duties, we have in
our Soverain Lord and Ladie's name suspended your com
mission, and all administration of the policy your Grace may
pretend thereby ; being most assuredly perswaded that your
proceedings are directly contrary to our Soverain Lord and
Ladie's will, which we ever esteem to be for the weal, and
not for the hurt, of this our commonwealth. And as your
Grace will not acknowledge us, our Soverain Lord and Lady's
true Barons and lieges, for your subjects, no more will we
acknowledge you for any Regent, or lawfull Magistrate unto
us ; seeing if any authority you have by reason of our Sove-
rain's commission granted unto your Grace, the same, for
most weighty reasons, is worthily suspended by us, by name
of autority [Knox, in the name and authority] of our Sove-
rains, whose Councill we are of native birth, in the affairs of
this our common weal. And forasmuch as we are determined,

1 [Spottiswoode's History of the Church and State of Scotland, folio,
London, 1677, p. 137.— E.]
2 [Knox's History, Edinburgh edition, p. 186, 187.— E.]
" Cotton Library, Caligula, B. 10, and Lawyers' [Advocates'] Library,
Edinburgh, Drumsoy's Collections. — [Collection of Letters and other
Papers of State relating to the History of Queen Mary, transcribed from
the Cotton Library, by David Crawfurd of Drumsoy, 3 vols, folio, MS.
This Collection was printed at Edinburgh, 12mo, 1767, but Bishop Keith
refers to the MS. in the Advocates' Library, which he consulted. — E.]

1559.] OF CHURCH AND STATE IN SCOTLAND. 235
with hazard of our lives, to sett that town at liberty,1 where
in you have most wrongfully planted your soldiers and
strangers, for the reverence we ow to your person, as mother
to our Soverain Lady, we require your Grace to transport
your person therefrom, seeing we are constrained by the
necessity of the Commonwealth to force the same by arms,
being denyed liberty thereof by sundry requests made before.
Your Grace would cause depart with you out of the said
toun any person having commission of ambassade, if any
such be, or lieutenantship of our Soverains, together with
all Frenchmen soldiers being within the same, whose blood
we thirst not, because of the old amity and friendship be
twixt the Realm of France and us ; which amity, by the mar
riage of our Soverain Lady to the King of that realm, should
rather increase than decrease. And this we pray your Grace
and them to do within the space of twenty-four hours, for
the reverence we ow unto your persons. And thus, recom
mending our humble service to your Grace, we commit your
Highness to the eternal protection of God. At Edinburgh,
the 23d of October.
" By your Grace's humble Serviteurs,
" The Council having the authority unto the next
Parliament, erected by common election of
the Earls, Lords, and Barons, conveened at
Edinburgh, of the Protestant faction.
earls. The Master of Maxwell.
" My Lord Duke's Grace,
and Earl of Arran. barons.
The E. of Argile. Tullibardine.
The E. of Glencairn. The Laird of Dun.
lords. The Laird of Pitarrow.
James of St Andrews. The Provost of Aberdeen for
The Lord Ruthven. the Burrows."
The names of the whole twenty-nine Lords and Barons,
out of which the forenamed Counsellors were chosen are,
my Lord Duke, Earls of Arran, Eglinton, Argyll, Rothes,
Morton, Glencairn, Marischal, Sutherland ; Lords Erskine,
1 [Leith.— E.]

236 THE HISTORY OF THE AFFAIRS [1559.
Ruthven, Home, Athens,1 Prior,2 Livingston, Master of
Maxwell, Boyd, Ochiltree ; Barons Tullibardine, Glenorchy,
Lundy, * * * Dun, Lauriston, Cunningham, Calder,
Pitarrow ; Provosts of Edinburgh, St Andrews, Dundee.
The whole stress, as I conceive, of the Act of Depriva
tion, and of this letter transmitted to the Queen-Regent by
the Lord Lyon, seems to hang upon the Deprivers their being
born Counsellors to their Sovereign. It will, however, re
main a question, whether the Counsellors of the realm could
in reason convene together of their own accord, without the
knowledge, and certainly without the approbation, of their
Sovereign ; declare that to be the will^of their 'Sovereign
which they were inwardly assured was nottheir^Sovereign's
mind ; and proceed to the suspension of a person from the
Government who had her commission immediately from the
Sovereign, and independently of them, without ever so much
as acquainting or pretending to acquaint their Sovereign of
their intention, or desiring her commission to be recalled.
Besides, seeing of this council that proceeded^to deprive or
suspend the Sovereign's representative, some were indeed
Lords of the realm, others only Barons of the inferior^order,
and others only magistrates of towns ; if all these shall be
supposed to be born Counsellors, which, however, I think is
much to be questioned, it would appear to have been re
quisite that the greatest part of these born Counsellors had
been convened in order to take under their consideration
such a nice point of government, and to form an act which

1 This was Alexander Gordon, son to the Lord Gordon, by his lady, a
natural daughter of King James IV. He was bred up for the Church,
and after the death of Dunbar, Archbishop of Glasgow, he was named
for his successor in that See ; but James Beton, Abbot of Aberbrothock's
interest being greater than his at Rome, Beton was consecrated anno
1552. However, the Pope bestowed on Gordon the empty title of
Archbishop of Athens. He likewise got a promise of the first vacant
benefice in Scotland to support his dignity. Accordingly he became
Bishop of the Isles, 26th November 1553, and obtained the Abbey of
Inchaffray in commendam. He was afterward translated to the Bishopric
of Galloway 1558. He was a Judge of the Session till his death in 1576.
A late writer says, this gentleman remained ever addicted to the Queen's
interest. How true that is, his subscription here doth best evidence.
2 [Lord James Stuart, then styled Prior of St Andrews, or, as he signs
himself in the above insolent document sent to the Queen- Regent, James
of St Andrews. — E.]

1559.] OF CHURCH AND STATE IN SCOTLAND. 237
struck at the very foundation of the Government ; but that
this was not the case, I think may be pretty evident to
every one that inspects our history even as recorded by the
staunchest supporters of this Act ; very few persons having
been present at the framing of it, in comparison of the
whole. And for this reason perhaps they thought fit not to
sign the Act man by man, but to wrap it up after this gene
ral manner, viz. By us the Nobility and Commons of the Pro
testants1 of the Church of Scotland. But their hand was
already in rebellion, and for my part I think it was their
honestest course to avow it openly.
Bishop Burnet, in his History of the English Reforma
tion, vol. iii. p. 281, tells us " of a long representation
which he met with in the Cotton Library, of the breach of
faith and violation of the laws during the Queen-Regent's
government ; at the end of which there is a petition to the
Queen,2 signed by the great Lords of this kingdom, in which
both Papists and Protestants concurred. And in order to
obtain that concurrence, the matters of religion are not in
sisted on, but the continued course of a perfidious and
illegal administration is charged on the Queen Dowager.
So that from this it appears that the war was not begun,
nor carried on upon the account of religion, but upon the
pretence of publick and national rights." This long repre
sentation he hath put in the Appendix to his History,3 where
our readers may find it. It takes notice of the fortifying of
Leith, and suspension of the Dowager's authority ; and yet
the petition at the end of it bears date in August 1559.
The subscribers to the petition are, James Hamilton (this
the Bishop supposes to be the Lord Hamilton, but that
gentleman did not arrive in Scotland till the month of Sep
tember), Ard. Argyll, Glencarne, James Stewart,
1 If the virtue of this Act proceeded from the consideration of religion,
had not the Papists of the Church of Scotland equal right to make an
act of restoration to and confirmation in the Regency ?
2 What Queen the Bishop meant is uncertain, nor is there any thing
in the petition to clear it. But in the end of the representation it is very
plain that they mean the Queen of England ; for their words are these —
" And therefore they have communicated their hole cause to certayn of
the Queen's Majestie's ministers upon the Borders."
3 [The reader will find this document in the Appendix to all the editions
of Bishop Burnet's History of the Reformation. — E.]

238 THE HISTORY OF THE AFFAIRS [1559.
Alex. Gordon, son to the Earl of Huntly, according to the
Bishop. I reckon he has been the Archbishop of Athens ;
John * * * (I suppose this might be the Laird of
Dun) ; R. Boyd, Uchiltre, John Maxwell, Ruthven,
James Stewart (this the Bishop conjectures, though with
out any ground, to be the Earl of Atholl's son, and the
former of this name to be the Prior of St Andrews, in
which last no doubt he has reason). But it is strange to
hear the Bishop affirm, that these few subscribers were the
great Lords of the kingdom, both Papists and Protestants :
For by the whole tenor of our History, the reader will per
ceive that these subscribers, except Gordon and Stewart,
were the great and constant sticklers for an alteration in
religion ; so that the Bishop's readers would take care not
to suffer themselves to be carried off with every misrepre
sentation of our affairs. This declaration of the confederate
Lords, as it is called, serves to inform us what was the
foundation of the authority of the Council that proceeded
to the suspension of the Queen-Regent; for towards the
end thereof there are these words — " And nowe the Duke and
the rest of the Nobilitie, with the Barons and Burgeses of the
realme,  were in the end constrayned to constitute a Coun-
saylefor the governance of the Bealme, to the use qftheyr Sover-
ayn Lady ; and therewith humbly to signifie to her the reason
able suspension of the Dowager's authoritie, which to mayn-
tayn they have of themselves, as natural subjects."
Having hitherto forgot to take notice of two treaties of
peace made with England this year, I shall here give my
reader an account of them. The first was concluded on the
2d day of April this year 1559, at the Castle of Cambray,
a city in the Low Countries. There was a double treaty
here at this time,1 one betwixt the Crowns of France and
England, the other betwixt the Crowns of Scotland and
England. They are both of the same date, and the pleni
potentiaries are the same in both, viz. for the part of France
and Scotland, Charles Cardinal of Lorrain, Anne Duke of
Montmorency ; Jacques d'Albon, Marshal of France ; John
1 Foedera Anglias. — [Rymer's Fcedera, folio, vol. xv. p. 511, 512. The
treaty is in French, and appeai-s to have been drawn up at Paris on the
22d of the preceding January. — E.]

1559.J OF CHURCH AND STATE IN SCOTLAND. 239
de Morvillier, Bishop of Orleans, and Claude de l'Aubespino,
Knight, and Secretary of State ; for the part of England,
Sir William Howard, Lord Chamberlain to the Queen,
Thomas Bishop of Ely, and Nicholas Wotton, Dean of
Canterbury and York. The only Articles of this peace that
are worth noticing are these — 1. That the fort built at
Aymouth, and any other fortification or innovation that
shall be found to have been made within the limits of Scot
land, before the publication of this present peace, from the
time of the peace concluded at Bologne in March 1545,
shall be demolished within three months after the conclusion
of this treaty, nor shall there be built, or re-fortified, any
other place of strength, contrary to the present treaty.
The like obligation to be binding on the English nation,
with respect to any fort already built, or to be built by
them, within or near the said limits of Scotland. 2. That
all rights, actions, exceptions, &c. shall remain entire, as
they are presently claimed by the respective Sovereigns of
the kingdoms of Scotland and England, nor shall any
alteration be made therein by the present treaty.1 3. See
ing the plenipotentiaries for Scotland have not sufficient
knowledge of the state of affairs depending betwixt the
Crowns of Scotland and England, therefore they have de
ferred to decide on certain articles respecting the peace and
concord of the two kingdoms, viz. the granting of passports
and letters of safe-conduct, murders, thefts, robberies, de
predations, cutting of trees, shipwrecks, &c. ; and they do
agree and stipulate that commissioners, duly instructed by
the respective Sovereigns of Scotland and England, shall
meet at a certain day and place appointed for that effect,
before the expiration of two months from the date of this
present treaty, and then and there shall determine of the
above mentioned articles as shall be found most for the
benefit of both the kingdoms. And in the meantime, the
subjects of both kingdoms shall be bound to regulate them
selves in the foresaid points, conformable to the treaty of
peace above mentioned.
The other treaty of peace concluded this year betwixt
1 This shews that Queen Elisabeth has not thought this a proper season
for her to enter upon the discussion of the right claimed by our Queen to
the Realm of England.

240 THE HISTORY OF THE AFFAIRS [1559.
Scotland and England was that of Upsettlington,1 a plea
sant country village on the north side of the river Tweed,
within the Borders of Scotland, five miles west from Ber
wick. It was a suppletory treaty, set about merely for ad
justing the points left undecided at the former.2 The com
missioners for Scotland were James Earl of Morton, Alex
ander Lord Home, Henry Sinclair, Dean of Glasgow, and
James Macgill, Clerk of Register and Council. Those for
England were Thomas Percy, Earl of Northumberland,
Cuthbert, Bishop of Durham, William Lord Dacre, and Sir
James Crofts, Captain of the town and castle of Berwick.
Besides the regulating of these things that were reserved to
be adjusted in this treaty, it was agreed that the bounds,
limits, &c. of the two kingdoms should continue the same as
in the time of Philip and Mary King and Queen of England;
that the town of Berwick should not be molested by the
Scots, nor should the English give any molestation to the
Scots from that garrison ; that no letters of safe conduct be
granted to the subjects of either kingdom, without they be
suted for by the proper Sovereign of those subjects.3 This
treaty was finished and drawn up at the church of Our Lady
of Upsalinton4 the 31st of May, and duplicates thereof were
delivered and exchanged in the parish church of Norham,
just opposite, on the English side of the Tweed, that same
day. 1 [A small village in the parish of Ladykirk, on the Tweed, seven
miles from Berwick. — E.]
8 [See the treaty, in Latin, in Rymer's Foedera, folio, vol. xv. p. 525,
526, 527.— E.]
3 What regard the Queen of England paid to this article will appear
from this History, and the collection of Original Letters in the Appendix
relating to this period.
4 [James IV. erected the church at the village of Upsettlington in 1500,
which he dedicated to the Virgin Mary, and changed the ancient name of
the parish, which was that of the village, to Ladykirk. The parish church
of Our Lady at Upsettlington, or Ladykirk, is a very handsome and sub
stantial Gothic edifice in the form of a cross, but greatly disfigured by the
barbarous alterations perpetrated for the Presbyterian congregation. In
the former church of Ladykirk a treaty, well known in Scottish history,
was concluded, and in 1291 the competitors for the Crown, with the Scot
tish Bishops, Nobility, and others, assembled near it on Holywellhaugh,
opposite Norham Castle, in the presence of Edward I., to settle the dis
puted succession to the Scottish Crown. — E.]

1559.] OF CHURCH AND STATE IN SCOTLAND. 241

CHAPTER X.
CONTAINING AN ACCOUNT OF PUBLICK. AFFAIRS, FROM THE SUS
PENSION OF THE QUEEN-REGENT IN THE END OF OCTOBER
1559, UNTIL THE TREATY MADE AT BERWICK BETWIXT THE
QUEEN OF ENGLAND AND THE LORDS OF THE CONGREGATION,
IN THE END OF FEBRUARY ANNO 1559-60.
The Act of Deprivation or Suspension, as it was termed,
having been notified to the Queen-Regent in the letter
directed to her by the Congregation, the next step they
made was, on the 25th of the same month, to summon, by a
herald, all Scottish and Frenchmen to desist from fortifying
the town of Leith, to depart out of it within the space of
twelve hours, and to leave it patent and open to all and
sundry their Sovereign Lady's lieges.1 But this summons
being disregarded, it was resolved, by the Lords and Chiefs
of the Congregation, to enter the town of Leith by scaling
ladders, which they appointed to be made within St Giles'
church in Edinburgh, to the great displeasure of the preach
ers, who affirmed, that they dreaded the success of that
enterprize, which began by such irreverence put upon the
places where the people ought to convene to common prayers
and preaching, and that God could not suffer such contempt
to remain long unpunished';2 and the truth is, the disorder
which appeared already among them, and which emboldened
their preachers to deal so plainly by them, did hourly en
crease, for the Queen by her address had wrought off many of
their party; and besides, she had fallen on ways and means to
entertain her spies among them, who acquainted her from
1 [The insurgents had previously told the Queen-Regent their opinion
of her French troops in Leith, and had declared that « no honest men durst
commit themselves to the mercy of such throat-cutters." After they ap
peared before Leith, they sent a messenger to the rampart, with a long-
winded summons in the name of their « Sovereign Lord and Lady" Francis
and Mary, alleging that they entertained " no hatred" towards any party—
a statement scarcely consistent with the appellation of throat-cutters recently
bestowed by them on the French forces.— E.]
2 These very same men thought it no crime to pull down edifices built
tor, and employed in, the worship of God. But their form of worship was
purer than the other.-[This is, of course, ironical.-E.] 16

242 THE HISTORY OF THE AFFAIRS [1559.
time to time with their most secret projects ; and, which
was worst of all for them, the soldiers they had hired began
to mutiny for want of regular pay ; and if any one endea
voured to appease these soldiers he was severely threatened
by them ; nay, they actually slew one of the Earl of Argyll's
gentlemen, who would have reasoned them into better order.
And to shew what little trust was to be reposed in them,
these very men had formerly made proclamation in Linlith
gow — That they were ready to serve and assist any man for
money, to suppress the new Congregation, and to re-establish
the ancient worship.1 Nor was this all ; for even the Duke,
who had shewed himself so keen for that party of late, being
now shaken by the discourses of some of his friends, and
the falling away of several of his followers to the Queen,
grew fearful, and by his terror discouraged many.
In this vexatious posture of affairs the Lords of the Con
gregation called a meeting, in order to consult what was
most proper to be done in the present juncture, and in it
they resolved that it was first of all necessary to pay off and
appease the soldiery. But seeing money could not be raised,
some being really poor, and others preferring their cash to
their cause, it was resolved on and agreed that every Noble
man should give in his silver plate, to be melted down and
coined, for a supply to the present necessity. But when that
came to be done, the workmen of the Mint stole away, and
conveyed with them the stamps and irons thereof. This ex
pedient thus failing, the only remaining and last resource of
money was from England. To which purpose Mr Cockburn
of Ormiston was privately directed to Berwick, to confer
with Sir Ralph Sadler, and Sir James Crofts, captain of that
town and castle, in order to obtain such a sum as would
1 [The want of pay seems to have been the chief cause of disaffection
in the ranks of the " Congregation." Knox admits their venality and
sordid motives. " The men of war," he says, " who were men without
God or honesty, made a mutiny, because they lacked a part of their
wages. They had done the same in Linlithgow before, when they made
a proclamation they would serve any man to suppress the Congrega
tion, and set up the Mass again." In short, they were all " purchase-
able" by any party. The construction of the scaling ladders in the church
of St Giles, however, was not without its effect. The ban of the preach
ers on that account was more potent than the Lords of the " Congrega
tion" supposed, and it soon became evident that nothing would succeed
with which those unfortunate implements had any connection. — E.]

1559.] OF CHURCH AND STATE IN SCOTLAND. 243
supply their present occasions. Yet this their design was
not kept so secret but that the Queen had notice of it, who
thereupon persuaded the Earl of Bothwell to waylay Ormis
ton in his return, which that Earl did so effectually, not
withstanding some engagements to the Congregation, that
he made himself master of 4000 crowns, being the whole
which that gentleman had procured at Berwick.1
On the last day of October, James Halliburton the Pro
vost, and the other townsmen of Dundee, together with
some soldiers, marched towards Leith, in order to plant
against it some great guns which they had carried with
them. This being perceived by the French soldiers in gar
rison there, they sallied out, beat off the men of Dundee,
took their cannon, and chased them up into the very city
of Edinburgh. The consternation was so great, lest the
Frenchmen should prevent their return thither, that while
each endeavoured to save himself, the weak were trodden
down by the strong, and the foot were trampled under by
the few horse that were present, each striving who should
get first into the Port of the Netherbow, which is the east
gate of that city,2 and at which narrow passage the clamour
and disorder was so great, that, says Mr Knox, " we lust not
to express with multiplication of words ;" and the amaze
ment became so universal in the city, that with much diffi
culty the citizens and others could be restrained from run
ning out by the West Port ; and even some who stood in
the highest estimation among them, and others who had
pretended the greatest zeal for the work of Reformation,
began to withdraw themselves secretly from the cause ; and
such as had the hardiness to continue firm appeared quite
at a loss what counsel they should follow, never abiding fixed
in one opinion for twenty-four hours together. And because
1 See Appendix, Number XV. By the letters referred to in the Appen
dix it appears, that the difference betwixt the English and the Scottish
money was become the same at that time as it is now, if so be that one
crown contained three Scottish pounds as at present ; which seems to be
exceeding probable, seeing the letter mentions L.1000 of English money
to have been delivered to Mr Cockburn.
2 [This edifice existed in Bishop Keith's time, but was removed by the
Magistrates in 1764. It stood between the east end of the High Street
and the Canongate, and the locality is still known as the Nether-Bow. A
view of it is given in Maitland's History of Edinburgh, folio, 1753.
p. 140.— E.]

244 THE HISTORY OF THE AFFAIRS [1559.
the Queen's partisans were, according to their duty, very
diligent in taking off such persons as they could have any
jnfluence upon from the adverse party, therefore Mr Knox
doubts not but " God would recompense their malicious
craft in their own bosom;" and thus prays — " Render, Lord,
to the wicked according to their malice." In this conflict
that author reckons not above ten soldiers on his side to
have been slain ; but' Bishop Lesly says a good many were
amissing, and of that number Mr Halliburton, the chief
leader of that day's expedition.
On Monday, the 6th1 of November, when news was brought
that the garrison of Leith had marched out to intercept
some provisions coming towards Edinburgh, the Earl of
Arran and Lord James Stuart issued out, and charged
the French soldiers more fiercely than prudently, by which
they were upon the very point of being shut out from the
city. They were almost totally surrounded on the marshes
betwixt Restalrig and the Palace of Holyroodhouse, and in
that jeopardy the whole company very narrowly escaped
being cut in pieces ; however, there were only about thirty
persons killed, and some few taken prisoners. This second
misfortune had its natural consequence of rendering the
affairs of the Congregation still more perplexed; many more
withdrew from them, and all were grown now almost despe
rate. And when scarce any could be persuaded to remain at
Edinburgh in a military posture, though much pressed by
the Earl of Arran and Lord James, it was at last agreed to
leave the city, because, as was pretended, the Lord Erskine,
Governor of the Castle, who had shewed them some favour
during the skirmish that happened on the last day of Octo
ber, would not promise to befriend them for the future; and
accordingly they all departed from Edinburgh2 that same
day towards midnight, marching directly for Stirling ; and
so great was the pannick that then seized them, that they
never halted till they had arrived there. On Wednesday,
the 8th of November, Mr Knox gave a sermon to the Con
gregation at Stirling, who, he tells us, were much erected by
1 Monday was certainly the 6th of November this year, but Mr Knox
says it was the 5th. And Mr Buchanan says, this exploit was on the 5th
of the month, but mentions not the day of the week.
2 See Appendix, Number XVI.

1559.] OF CHURCH AND STATE IN SCOTLAND. 245
his discourse. After dinner he was called on by the Lords
to come into the Council ; at which it was concluded to send
William Maitland,1 younger of Lethington, to London (he
had been Secretary to the Queen, but had sometime before
left her at Leith, and joined himself to the Congregation),
there to expose their state and condition to the Queen and
Council of England. He was likewise ordered to lay before
them the eminent dangers that would arise to England, if
the French were suffered to fortify places and plant garri
sons in Scotland ; and that if the Scots were overcome, either
by force or by fraud, the French would thereby have an easy
step to invade the English, and infringe their power. It was
also agreed in council that their next meeting should be at
Stirling on or about the 16th day of December following ;
and that in the meantime, the Noblemen should depart each
to their own home, and there remain quiet until the day ap
pointed. This account we have from Mr Knox, who never
theless informs us, in concurrence with our other historians,
that the chiefs of the Congregation did separate themselves
into two parts of the kingdom, viz. the Duke, Earl of Glen
cairn, the Lords Boyd and Ochiltree, and their friends, into
the West, and had their residence in the city of Glasgow, for
comfort of the country, and for giving of answers as occasion
should require ; and that the Earls of Rothes and Arran,
the Lord James, and Master of Lindsay, and their adhe
rents, did remain together within the county of Fife for the
same purposes. And finally, for keeping up and conveying
intelligence betwixt these districts, Mr Henry Balnaves was
ordered (as a Secretary) to attend the Noblemen residing at
Glasgow, and Mr John Knox those in Fife.
The Duke, at his coming to Glasgow, caused all the images
and altars in the churches there to be pulled down, and
seized on the castle, which belonged to the Archbishop of
that See.2 This piece of news having reached Edinburgh,
1 See Appendix, Number XVII. There was no need of Mr Maitland's
refined art to persuade the Court of England ; for it was a sure retreat for
them, as may be seen by the Letters in the Appendix, written by the
pubhck Ministers of that kingdom.
2 [The Duke of Cnatelherault, better known by his former title of Earl
of Arran, destroyed the interior of the churches, and seized the castle of
Archbishop Beaton, which stood near the Cathedral on the ground now oc
cupied by the Royal Infirmary. The Archbishop procured the assistance

246 THE HISTORY OF THE AFFAIRS [1559.
the Queen-Regent sent instantly some French soldiers,
along with the Archbishop, for the recovery of the castle ;
who being likewise assisted by the Lords Seton, Sempill, and
Ross, and the Duke's people having left the town upon no
tice of their approach, the castle was soon regained, and the
French immediately returned to Edinburgh. We are not
told the exact time when this expedition happened, but if it
was in November, it is certain the Duke has speedily repaired
to Glasgow after the French left it ; for on the 29th of that
month we find him there, commanding, by public proclama
tion, all the clergy to come and join themselves to the Con
gregation, or otherwise to be holden as enemies to God and
true religion, and to have their benefices taken from them.
But because the Proclamation is not long, and that for its
singularity some may be desirous to read it, I subjoin it as
recorded by Mr Petrie,1 who had it, he tells us, and the other
after mentioned, from the Laird of Dun ; and though they
be only in MS., yet he assures us that the signet affixed to
them was (at that time) whole and entire, which makes him
conjecture, not without reason, that these Proclamations
have never been in print.
" Francis and Mary, King and Queen of Scots, Daulphin
and Daulphinness, of Viennois.2 — To our Lovets, ....
Messengers our Sheriffs in that part, conjunctly and severally
specially constitute, greeting: For so much as it is understood
by the Lords of our Privy Council that be Reformed, of the
suspicion of the Queen Dowzier's authority, the samine is, by
consent of the Nobility and Barons of our Realm, now by
God's providence devolved unto them ; and their chief and
first charge and study is, and should bee, to advance the
glory of God, by maintaining and upsetting true preachers
of the Word, reforming of religion, and subversion of idol-
of some French soldiers, recovered his castle, and expelled the Duke and
his followers. Archbishop Beaton, who was a near relative of the Car
dinal, retired to France early in 1560. — E.]
1 [" Compendious History of the Catholic Church, from the year 600
to 1600, with the History of Scotland's Assemblies to 1605," by Alexander
Petrie, folio, 1652.— E.]
2 It seems the Congregation liked not to give the Queen and her husband
their rightful title of King and Queen of France, which they were then
become.

1559.] OF CHURCH AND STATE IN SCOTLAND. 247
atry. And there are divers of the clergy who have not as
yet adjoined themselves unto the Congregation, nor made
open testification of their faith, and renunciation of idolatry :
Our Will is herefore, and we charge you straitly, and com
mand, that incontinently, these our Letters seen, ye pass,
and in our name and authority, command and charge all
and sundry of the clergy who have not as yet adjoined
themselves to the Congregation as said is, by open proclama
tion at all places needful, that they compear before the
Lords of Counsell at Saint Andreus, the day of ,
and there give open testification of their conversion, with
plain confession of their faith, and renunciation of all man
ner of superstition and idolatry; with certification unto
them, if they fail, they shall be reputed and holden as enemies
to God and true religion, and the fruits of their benefices
shall be taken away, one part thereof to the true preachers
who ministrate truly the Word, and the remanent to be
applied to the forthsetting of the common weil of our Realm.
The which to do, we commit to you conjunctly and severally
our full power, by these our Letters, delivering them by you
duly execute, and indorsed again unto the bearer. Given
under our Signet, at Glasgow, the penult day of November,
of our reigns the first and seventeenth years."
Notwithstanding this Proclamation, some Bishops, says
Mr Petrie, intended a new persecution, whereupon the
Council of the Congregation sent forth another Proclama
tion in the following words :
" Francis and Mary, &c. — Forsomuch as the Lords of
our Council, understanding the great hurt and iniquity that
in times past hath proceeded to the members of Christ's
Church, by maintaining and upholding of the Antichrist's
laws and his Consistory, boasting, (i. e. threatning), and
fearing the simple and ignorant people with their cursings,
gravatures, and such like others their threatnings, whereby
they sate on the consciences of men of long time bygone :
Ordained that no Consistory should be afterwards holden,
hanted, nor used, having respect that there be enough of civil
ordinary judges, to the which our lieges may have recourse
in all their actions and causes. And not the less, the said

248 THE HISTORY OF THE AFFAIRS [1559.
Lords are informed, that certain wicked persons within the
city of Brechin,1 malevolent members of the said Antichrist,
contemptuously disobey the said Ordinance, and cease not
still to hold Consistory, and execute his pestilent laws with
in the said city, in contempt of us, and our authority : Our
Will is, therefore,  command and charge the
Commissary and Scribe of Brechin, and all other members of
the said Consistory, and others our lieges whatsoever having
interets, that none of them take in hand to hold any Con
sistory for administration of the said wicked laws, or assist
thereto in any way from thenceforth, under the pain of
death, as ye will answer, &c. Given under our Signet at
Dundy, the fourteenth day of December, and of our reigns
the second and eighteenth years."2
" Out of these Proclamations, and all other proceedings
heretofore," says this author,3 " it appears clearly, that what
soever was done had the authority of the public convention
of the Estates, and lesser things were done by the Council."
As to the contents of these two Proclamations, I am apt
to believe an unbiassed reader will look upon them as pretty
singular, and will judge it a no small hardship for men to
be charged by such pretenders to authority, either to alter
their sentiments with respect to religious matters, or to lose
their livings; and further, to be exposed to all manner of
insult from an enraged rabble, such as cannot fail to fall
upon men, when once they are declared publickly enemies
to God and the true religion. But it is not as of late ; the
tables are now turned, and those poor men, who but yester
day petitioned for liberty only to serve God in their own
way, have now obtained a new light, together with their
new force, and death itself is become the penalty of dis
obedience to their high commands ! Again, with respect to
the glosses and reflections placed by Mr Petrie upon these
Proclamations, if these be all the documents he can produce
1 It is the seat of a Bishop in the county of Angus, five miles west of
Montrose, and situated on the north side of the river of Southesk. The
present Bishop was Mr John Sinclair, Lord President of the Session, and
formerly Dean of Restalrig, near Edinburgh. — [Brechin is eight English
miles from Montrose. — E.]
2 This shews it to be certain that the Queen's father, King James V.,
did not die later than the 14th of this mouth. 3 [Petrie. — E.]

1559.] OF CHURCH AND STATE IN SCOTLAND. 249
for a regular and lawful proceeding in the work of Reforma
tion, it is much to be questioned whether he will convince
the judgment of the impartial ; for though such arguments
may serve to blind the eyes of those who are once engaged
in a party, and who see every thing through the false colours
of faction, yet they who are willing to allow naked truth
to take place, whether it make for or against them, can
never think themselves obliged to maintain, that Proclama
tions emitted by eight or ten Lords, with some thousands of
the populace at their heels, combined together upon what
soever account, in name of, but palpably against, an uncon-
troverted supreme authority, can be of any force to justify
the proceedings following thereupon. There is no honest
man, of a cool and impartial judgment, who would preserve
sacred that authority which is the great band of the people,
and keep inviolated the fundamental rock on which society
itself is built up in safety, but must look with horror and
detestation upon such presumptuous and unwarrantable
attempts, however clothed with audacious pretensions,
assuming more than a Papal infallibility, in dogmatically
dictating a faith they ought at most to have but persuaded,
and imposing and dragooning upon others a religion which
they themselves had but just taken up.
It is true, a supine negligence had possessed the clergy, and
egregious abuses had crept into the Church. Nothing was
indeed more wanted than a Reformation in both ; yet our
religion tells us, and the practice of our Saviour and his
Apostles fully manifests unto us, Evil is not to be done that
good may come of it. Herman, Bishop of Cologne, made a
pious and Christian attempt for recovering the Primitive and
Apostolick Institutions, and purging from error and supersti
tion the House of God, for which he was deprived of his spiri
tual authority by the Pope, and of his temporal possessions
by the Emperor, yet the method he took was highly religious
and commendable. Nay, Henry VIII. of England, in the Re
formation begun by him, if he can be said to have made any
Reformation, further than from the assumed absolute autho
rity of the Bishop of Rome, though few suppose his motives
either holy or just, yet in so far as his legal supremacy was
interposed, and his management authorised by the laws of
the land, and followed forth by his son and successor King

250 THE HISTORY OF THE AFFAIRS [1559.
Edward, and afterwards by his daughter Queen Elisabeth,
the affair of religion was managed in that kingdom on a
legal foundation, and to much a better purpose than here in
Scotland, where all was carried on from a principle of covet
ousness in some great ones, and where popular fury was
egged forward by hot-headed zealots, who thought there
could be no Reformation without pulling up some good,
and all indifferent things, together with the bad, and so
totally defaced the ecclesiastical polity, and trampled under
foot all civil authority, that the wounds given to the one and
the other at that time are rather a scandal than an orna
ment both to our Reformation and its authors. Nor ought
any to be traduced and censured as enemies to a Reforma
tion, merely because they cannot approve of the false steps
so taken to bring it about ; for had the Earl of Arran
during his Regency stood firm to the new doctrines, and
brought matters regularly before the Parliament, it might
have been hoped that several of the Bishops would have con
curred in a Reformation of such things as were most blame-
able, by which means we might have enjoyed a true Christian
ministry, and the service of God might have been performed
with that decency and beauty which the nature of it requir-
eth. But when the Bishops saw things carried on by open
rebellion and mobbing, when they saw such universal rapine
and levelling, and when nothing would please but a renun
ciation of their own sacred Orders, and a truckling under
some of the meanest mechanicks, to be either received or
not received as ministers of the Church of Christ, according
as they should think proper ; what wonder is it that such a
Reformation looked formidable and detestable unto them,
and in very deed no better than an utter overturning of all
that was sacred 21
1 Alexander Gordon, Bishop of Galloway, was the only Prelate of that
dignity in office at the time who turned Protestant, and yet he was so
far from being allowed to exercise any episcopal jurisdiction, that when
he craved to be visitor only of the churches in the district of Galloway, it
was refused him, and another was preferred. Nor was he ever nominated
to be a Superintendant by the new modelled Assemblies ; nay, he was
once suspended by them from the office of an ordinary preacher. — [Bishop
Gordon's connection with the new preachers, and his traffickings with
them, are given in the " Booke of the Universal! Kirk of Scotland,"
printed for the Bannatyne Club ; and also in the present Editor's " His
tory of the Episcopal Church of Scotland from the Reformation to the

1559.] OF CHURCH AND STATE IN SCOTLAND. 251
To return now to our History. The Queen-Regenf, the
day after the Congregation had left Edinburgh, gave orders
to the French troops to march up from Leith, and take pos
session of that city, which accordingly they did. And imme
diately all the favourers and abettors of the Congregation,
that had not departed with them, were now constrained to
leave the place, the Romish worship was restored, and the
High church1 was consecrated anew by the Bishop of Amiens.
The Queen despatched likewise an express to France, with
an account of the prosperous situation of affairs, and with a
request for more forces to be sent her with all expedition,
which might help to render the victory complete. And it is
indeed very probable, that if the Congregation had not re
ceived succours from England, they would have been in no
condition to hold it out longer against the Queen-Regent,
even though she had not received any further assistance
from France. But the Queen of England was too clear
sighted to let slip the present opportunity, in supporting
those of the same religion and interest with herself in Scot
land. For though it was argued by some of her Council,2
that it was of bad example to assist the subjects of another
Prince in their rebellion, yet she knowing the claim that
was laid to her Crown by Mary Queen of Scotland,3 and
Revolution." Bishop Gordon was allowed to exercise the office of " Super
intendant" of Galloway. (See Booke of the Universal! Kirk of Scotland,
4to, Part I., 1839, p. 32, 38, 52, 65, 77, 83, 112, 114. Our Historian farther
errs in stating that Bishop Gordon of Galloway was " the only Prelate
of that dignity in office at that time who turned Protestant." Adam
Bothwell, Bishop of Orkney, was another. — E.]
1 [St Giles' church, a part of which is designated the High church. — E.]
2 See Appendix, Number XVIII.
3 The reader will please know, that after the death of the children of
Henry VIII., King of England, our Queen had the undoubted right to
that Crown, as being nearest heir, descended of the eldest daughter of
Henry VII., who was wife to our King James IV. But Elisabeth, now
in possession of the Crown of England, having been born of Anne Bolen,
whom King Henry had married after divorcing, and during the life of his
first wife, and her said father during his lifetime ha-ving, by Act of Par
liament, set her aside from all succession, her birth was looked upon by
our Queen as spurious ; so that immediately after the death of Mary
Queen of England, King Henry's lawful daughter, our Queen took upon
her, as hath been already remarked, the title of Queen of England, and
bare a coat of arms as such, which for the sake of the curious I shall here
describe. The coat (because of the marriage of our Queen with the
Dauphin of France), was borne baron and femme. In the first was the

252 THE HISTORY OF THE AFFAIRS [1559.
that if the Romish party prevailed there, she run a great
risk of having it wrested from her head, sent back word to
the Lords of the Congregation, that they might expect as
sistance from her, upon such conditions as should be agreed
to, at a meeting of Commissioners duly instructed with
proper powers for that purpose.1
With this answer from the Queen of England, Robert
Melville, brother to the Laird of Raith, who went in company
with Secretary Maitland to London,2 arrived the 20th of
December ; and some chiefs of the Congregation having ac
cording to appointment met at Stirling, sent again into Eng
land with all diligence a return to that Queen. What this
return was we are not told ; but we may safely conclude that
it consisted oi thanks to her Majesty for her generous promise
coat of the Dauphin, which took up the upper half of the shield, and the
lower half contained the Arms of Scotland. This impaled quarterly,
1. The Arms of Scotland. 2. The Arms of England. The 3d as the 2d.
The 4 as the 1. Over all, half an escutcheon, the sinister half being as it
were obscured or cut off, perhaps to denote that another had gotten
possession of the Crown to the bearer's prejudice. Under the Arms were
writ these lines —
" The Arms of Mary Queen Dolphiness of Fraunce,
The noblest Lady in earth for till advaunce ;
Of Scotland Queen, and of England, also
Of Fraunce, as God hath providit it so."
Strype's Annals of Queen Elisabeth. — [Edition of 1709, folio, vol. 1. p. 8.
Oxford edition, 8vo. 1824, vol. 1. Part I. p. 11, 12. In Strype's " Annals,"
after the words denote that cmother, the parenthetical question is asked —
" And who should that be but Queen Elizabeth ?' Our Historian designates
the doggrel stanzas lines, but in the " Annals " they are termed " rhymes
in the Scottish dialect." — E.]
1 Mr Camden acquaints us, that after the arrival of Mr Maitland in
England, the English Secretary Cecil laboured to sift the intentions of
the Scottish Congregation, and that they answered with their eyes lifted
up to Heaven — " That they had no other design in the world than the
promotion of God's glory, the sincere preaching of his Word, the extir
pation of idolatry, the shunning the rage of their persecutors, and the
preservation of their ancient liberty ; that, for their parts, they were at a
loss how to bring all this about, but hoped that God's providence would
happily finish what it had begun, to the confusion of their enemies ; and
for an union between the two kingdoms, that was the very top of their
wishes ; and to cultivate and improve it they would contribute all the
money, credit, and resolution they were masters of." See Appendix,
Number XIX.
2 So say our Historians, but the letter in the Appendix, Number XX,
mentions one Thomas Barnavie to have been companion to Mr Maitland,
and speaks nothing of Mr Melville.

1559.] OF CHURCH AND STATE IN SCOTLAND. 253
and an acceptation of the preliminary proposed by her.
For very quickly thereafter, we hear of the Duke of Nor
folk being arrived at Berwick, with full instructions to enter
into a treaty with commissioners from Scotland. After this
the Lords of the Congregation separated from Stirling, and
went again into their former districts ; at which time the
Queen- Regent of Scotland, having intelligence of the assist
ance promised them by the Queen of England, she deter- '
mined to make an end of the war, by subduing the remainder
of the faction before that supply should come to their re
lief. And in order to this, a resolution was taken to begin
with those of Fife, and that with the particular view of taking
and fortifying the town and castle of St Andrews, as being
a place proper for receiving auxiliaries from France on that
coast. But whether it was not thought expedient to venture
a transportation of the French soldiers by sea into that
country, since they might meet with resistance from those on
the shore, or that there was not a sufficient number of
barks ready to transport them to the other side of the Frith
of Edinburgh, the Frenchmen received orders to take tho
road to Stirling. And in their march thither they plundered
the town of Linlithgow, and the house of Kinneil,1 about a
mile distant from it, belonging to the Duke of Chastelherault,
and all the lands which pertained to that Nobleman in
those parts. The like pillage they made at Stirling, and
in the villages by the way as they past, which are very
numerous on the north side of the Forth, until they
came to Kinghorn. There some soldiers and others be
longing to the Congregation, endeavouring to stop from
landing at the Petticurre,2 a little bay to the west of the
town, some small vessels that were a-coming from Leith
were repulsed by the French, with the loss of six or seven
of their number, and some few made prisoners ; and in all
appearance the loss had been greater, if the Lord Ruthven

1 [Kinneil House, a seat of the Dukes of Hamilton, on the south side of
the Forth, county of Linlithgow, hi the parish and near the sea-port of
Borrowstouness, is upwards of three miles from Linlithgow. — E.]
2 [Pettycur, long one of the principal ferries on the Frith of Forth be
tween Edinburgh and Fife, is a small pier west of Kinghorn. It is said
to have obtained its name from a petit corps or small body of French
troops landing at it on the occasion mentioned in the text. — E.]

254 THE HISTORY OF THE AFFAIRS [1559.
had not come very opportunely to the top of the hill, and
favoured their retreat. This Lord was sent by the other
Lords who had assembled at Cupar, after they had heard
that the French soldiers had left Stirling, with orders to
prohibit their friends to enter into any engagements, till
they were all present in person. This resolution was ac
cording to the advice they had received from their English
allies, for preserving their forces as entire as possible, and
not to allow them to be diminished by any party skirmishes,
until their friends from England should arrive to their sup
port.1 In this attack the Earl of Sutherland received a
wound in the arm. He had come in company with the
Lord Ruthven, as was given out, from the Earl of Huntly,
in order to complement the Lords of the Congregation ;
but it was privately whispered that his real errand was a
secret commission from that Earl to the Queen-Regent.2
The French soldiers having made themselves masters of
Kinghorn, the Earl of Arran and Lord James came up
with all the force they could make, which was about 600
men, and entered into Dysart,3 a small town three miles
north-east of Kinghorn, with a design to stop as much as
they could the French4 from advancing further towards St
Andrews, being hopeful that in a short time the supply from
England would appear, to drive out the French altogether.
And the truth is, they performed so well what they intended,
that for three weeks' time they skirmished the French there
about with such success, that they obliged them to be very
heavy on their own friends for subsistence, and even to re
ceive victuals and other necessaries by sea from the south side
of the Frith. Then also it was that William Kirkaldy of
Grange, having got his house burnt by the French, laid an
ambush for them. The Master of Lindsay joined him in
this enterprize, in which they had the good success to kill a

1 See Appendix, Number XXI.
2 So says expressly Bishop Lesly, but the readers will find how this
Nobleman is characterized by the English Ministers, in some Letters of
the Appendix relating to this period.
3 [The small seaport and royal burgh of Dysart is five English miles
from Kinghorn, Bishop Keith means the Scottish measurement. — E.]
4 Mr Knox, and from him apparently Archbishop Spottiswood, affirms
the French to have been 4000, but Bishop Lesly says but 2000 or there
abouts, which is more likely.

1559-60.] OF CHURCH AND STATE IN SCOTLAND. 255
French captain,1 with fifty of his men, and to take the rest
prisoners. This accident so inraged Monsieur d'Oysel, that
after he had found means to pillage Dysart and Wemyss,
another small town a little further north-east, he marched
with his army along the coast, designing first to take pos
session of St Andrews, and from thence to proceed and
attack the town of Cupar, which was the place of rendez
vous for the opposite party, and whither probably the Earl
of Arran and Lord James had withdrawn themselves upon
hearing of this movement. The French began to inarch on
Monday the 15th of January 1559-60,2 and about noon
they espied some large ships of war3 bearing up the Frith,
which they took to be French, with a further supply of men
to them ; but how soon they saw these stranger ships seize
the two ships commanded by Captain Cullen,* which were
employed in carrying provisions to them from Leith, they
began to suspect, what a little after they were fully confirmed
of by one Alexander Wood, who had been aboard their
Admiral, that they were an English fleet sent to the support
of the Congregationers, and that a land army was quickly
to enter Scotland for the same purpose. This piece of news
struck them with a great consternation, for they feared to
be shut up from their countrymen in Leith, and so to lose
both that garrison, and to expose themselves to the danger of
being surrounded by their enemies, or cut in pieces if they
should stir abroad for provisions ; wherefore they resolved
suddenly to direct their march to Stirling, which was no
easy matter to accomplish, by reason of a great storm of
snow that then lay upon the ground ; but necessity had no
law, they were obliged to be expeditious, and to make as
long marches as possible. And accordingly they set out for
Stirling early the next morning, some by the way of King
horn, others by Dunfermline, and though the thaw came
1 He was a Savoyard by nation, and his name Labast, or as others Le
Batu. 2 Lesly says the English fleet cast anchor in the Frith on the 10th of
January. 3 Buchanan says there were but eight of these ships, but Lesly says
they were sixteen in number.
4 So says Mr Knox, but I should rather incline to think that they only
spoke with Captain Cullen ; otherwise, where was the occasion of the
Queen-Regent's message mentioned below I

256 THE HISTORY OF THE AFFAIRS [1559-60.
on in the time, and rendered travelling the more difficult,
yet they arrived at Leith the third day after, having lost
divers of their men by the way. How soon they reached
Leith, whither also some of their number adventured to
come by sea, they presently set about fortifying that place
more strongly than it was before, as also Inchkeith, a smsBH
island lying straight out from Leith, about midway betwixt
the two shores.
When the English ships had dropt anchor in the Road,1
the Queen-Regent sent to inquire at Mr Winter, the Vice-
Admiral, what was the occasion of his coming hither ! He
answered — " That he came to look out for some pirates that
infested the Scottish and English seas, and that in order to
surprize them the more easily, he had judged it proper to
sculk some time in the Frith, and that he had no intention
to harm any other person."2 But this answer not at all
satisfying the Queen- Regent, who was a person of too much
penetration to give credit to such a pretext, she dispatched
immediately thereafter a messenger to Seury, the French
Ambassador in England, desiring him to require Queen
Elizabeth to recall these ships, and, moreover, not to send
any soldiers to the assistance of the rebellious sectaries in
Scotland, lest thereby a new war might ensue betwixt France
and England. To this memorial the Queen of England made
answer — " That in truth she designed to do no such thing ;
but that seeing the French auxiliaries were daily increasing
in Scotland, she judged it but prudent to place some troops
in the Border garrisons, in case any inroad might be at
tempted that way ; but that they should have orders not to
set a foot in Scotland, unless they first received provocation."3
On this royal assurance given by the Queen of England, it
is said our Queen-Regent did so far rely, that though she
1 [The anchorage in the Frith of Forth called Leith Roads. — E.]
2 This answer we have related by Bishop Lesly, and it seems to be the
more genuine, that we find a resolution taken by the Council of England,
in the beginning of Queen Elisabeth's reign, to send ships into the Frith
of Edinburgh, and to pick as many quarrels as they might of themselves,
and to hinder any more succours coming out of France to Leith ; and this
to be done by them as of themselves, without notice of any command so
to do, and so to order matters as the cause might appear to come of the
French. Strype's Annals of Queen Elizabeth. — [Folio edit. 1709, vol. i.
p. 11 ; Oxford edit. 1824, vol. i. p. 16, 17. Those movements occurred in
1558, the year of Queen Elizabeth's accession. — E.] 3 Ibidem.

1559-60.] OF CHURCH AND STATE IN SCOTLAND. 257
received repeated advices of contrary designs and prepara
tions, yet she nevertheless gave no ear to them ; but she quickly
found her mistake, being soon after certainly informed that
the Duke of Norfolk was arrived at Berwick, with full instruc
tions, power, and commission, to enter into a treaty with the
Ljgds of the Congregation, and that an army consisting of
10,'0O0 men was ready to join them how soon the treaty was
signed, which she had no reason to doubt of their doing at
any rate, since without English assistance, their affairs were
in a very uncertain and decaying condition.
How soon the Duke of Norfolk arrived at Berwick, about
the end of January or the beginning of February, he sent to
the Lords of the Congregation, and desired, with abundance
of complaisance, even more than could be well expected,
that some of their number, instructed with full powers, might
come and meet him on such a day and at such a place as
should please them to appoint. This advertisement came
first to Glasgow by the Master of Maxwell, who procured
from the Lords there to appoint the meeting to be at Car
lisle. In consequence of which, letters were directed to the
Lord James Stuart, then in Fife, desiring him speedily to
repair to the west country, in order to proceed from thence
to Carlisle. But it not having been thought safe for that
Lord to travel so far through the country, where his enemies
might waylay him, and his presence being looked upon as
absolutely necessary in Fife, the Lords in the West agreed
to send some of their number into Fife, to assist in making
choice of such persons as should be judged most proper to
go into England. The election was at Coupar, and the
Commissioners chosen were the Lord James, the Lord
Ruthven, the Masters of Maxwell and Lindsay, the Laird
of Pitarrow, Mr Henry Balnaves, and William Maitland,
younger of Lethington, who had not as yet returned into
Scotland. The place of congress was settled to be at Ber
wick, whither the Scottish Commissioners went all by sea,
except the Master of Maxwell ; and they had full powers
from the Duke and remanent Lords of the Congregation, to
contract and agree with the Queen of England, and her
Lieutenant the Duke of Norfolk, upon all such matters as
might serve for the welfare and conjunction of the two
kingdoms, and particularly for expelling the French soldiers
17

258 THE HISTORY OF THE AFFAIRS [1559-60.
out of the kingdom of Scotland. After they arrived at Ber
wick, a formal contract was soon entered into, which, be
cause of the remarkable stipulations therein contained, and
the great lustre, as well as security, which it added to the
affairs of the Congregationers, with whom a crowned head
did so solemnly enter into treaty, I chuse here to lay before
the reader, as taken from an authentick copy.1
" CONVENTIONES SCOTORUM CONTRA REGINAM UNIONEM FRANCIJ!
ET SCOTLffi DESIGNANTEM, ET PRO DEFENSIONE CONTRA
FRANCOS.
" At Barwyck, the twenty- sevinct day of Februare, the
Zeir of our Lord God one thousand five hundred and fifty-
nyne zeris — It is agreed, contractit, and finalye appoynt-
ed, betwixt the noble mychty Prince, Thomas Duck of
Northfolk, Erie Marschell of Ingland, Lieutennent for the
Quenis most excellent Majestie of England in the North, in
the name and behalf of hir Hienes, of the one partye, and
the Ryght Honorable Lord James Steward, Patrick Lord
Ruthven, Sir John Maxwell of Teiregles, Knycht, William
Maitland of Lethyngtonne, zoungare, Johnne Wyschert of
Pittarrow, and Maistre Henry Belnaves of Halhil, in the
name and behalf of the noble and myghtie Prince James
Duck of Chasteaularault, secund personn of the Realme
of Scotland, and the remanent of the rest of the Lordes of
his parte, joyned with him in this caus for maynteinance
and defence of the auncient ryghteis and liberteis of their
cuntree, on the other partye, in forme as hereafter followeth :
That is to say, that the Quenis Majestye — having sufficientlie
understanded, alsweall by information sent from the Nobilite
of Scotland, as by the manifest proceadingis of the Frenche,
that thei intend to conquer the Realme of Scotland, sup-
prese the liberteis thairof, and unyte the same unto the
Crown of France perpetualie, contrarie to the laws of the
said Realme, and to the pactes, othes, and promessis of
France — and being thairto most humilie and earnestlie re
quired by the said Nobilite, for and in the name of the hole
Realme, shall accept the said Realme of Scotland, the said
Duck of Chasteaulerault, being declared by Acte of Parlia-
1 Foedera Anglise.— [Rymer's Foedera, folio, 1713, vol. xv. p. 569, 570,
571.— E.]

1559-60.] OF CHURCH AND STATE IN SCOTLAND. 259
ment to be heyre apperand to the Crowne thairof, and the
Nobilite and subjectes of the same, into hir Majestie's pro
tection and maynteinaunce, onlie for preservation of theym
in their old freedomes and liberteis, and from conquest,
during the tyme the mariage shall continew betwix the
Queyn of Scottis and the Frenche King, and one zeir after,
and for expelling owte of the same Realme of suche as pre-
sentlie goeth abowte to practise the said conquest.
" Hir Majestie shall with all speyd send into Scotland a
convenient ayd of men of warre, on horse and foot, to joyne
with the power of the Seottishmen, with artailze, munition,
and all uthers instrumentis of warre mete for the purpose,
alsweall by sea as by land, not onlie to expel the present
power of Frenche within that Realme oppressing the same,
but also to stop, as far as convenientlie may be, all grytare
forces of Frenche to enter thairin for the like purpose, and
shall continue hir Majestie's ayde to the said Realme, No
bilite, and subjectes of the same, until the Frenche, being
ennemies to the said Realme, be utterlie expelled thence,
and shall never transact, compound, or agree with the
Frenche, nor conclude any league with them, except the
Scottes and the Frenche shall be aggreed, that the Realme
of Scotland shall be left in a dew freedome by the Frenche ;
nor shall leave the mayntenaunce of the said Nobilite and
subjectes, wheirby thei might fall as a praye in their enne-
meis' handes, alslong as thei shall acknowledge thair Sove
rane Lady and Quene, and shall endever theymselves to
maynteyn the libertie of their cuntree, and the estait of the
Crowne of Scotland ; and yf in caise any fortes or strenthes
within the said Realme be wonne out of the handes of the
Frenche, at this present or at any time hereafter, by her
Majestie's ayde, the same shall be immediatelie demolished
by the Seottishmen, or delivered to the Duck and his partye
at their optioun and choise. Neyther shall the power of
England fortifye within the grounde of Scotland, being owt
of the bowndes of England, but by the advyse of the said
Duck, Nobilite, and Estates of Scotland. For the wiche
cause, and in respect of her Majestie's most gentle clemency
and liberall supporte, the said Duck, and all the Nobilitie,
alsweal such as be now joined with him, as suche as shall
hereafter joyne with him for defence of the libertie of that

260 THE HISTORY OF THE AFFAIRS [1560.
Realme, shall, to the uttermost of their power, ayde and
supporte her Majestie's armye against the Frenche and their
parttakaris, with horsemen, footmen, and victuals, by land
and by sea, and with all manner of uther ayde, to the best
of their power, and so shall continew during the tyme that
her Majestie's armye shall remane in Scotland.
" Item, Thei shall be ennemeis to all suche Seottishmen
and Frenche as shall in any wayis shewe themselves enne
meis to the Realme of England, for the ayding and succour
ing the said Dwke and Nobilite, to the deliverye of the
Realme of Scotland from conquest.
" Item, Thei shall never assent nor permit that the Realme
of Scotland shall be conquered, or otherwys knytt to the
Crowne of Fraunce then it is at present, onelie by the
mariage of the Quene their Soverane to the Frenche King,
and by the lawes and liberties of the Realme it aucht to be.
" Item, In caise the Frenche shall at any time invade, or
cause to be invaded, the Realme of England, they shall
furnish the nombre of twa thousand horsemen and twa
thousand footmen at the least, or suche parte of eyther of
theym at choyse of the Queny's Majestie of England, and
shall conducte the same to pass from the Borders of Scot
land next England uponn her Majestie's charges, to any
parte of the Realme of England, for the defence of the
same. And in caise the invasion be uppon the north partes
of England, on the north parte of the water of Tyne to-
wardes Scotland, or aganst Barwyck on the north side of
the watter of Tweyd, thei shall convent and gadder their
hole forces uponn their owen charges, and shall join with
the English power, and shall continew in goode and earnest
prosecutionn of the quarrel of England during the space of
thretty dayes, or so muche longer as thei were accustomed
to tary in the fieldes for the defence of Scotland, at the
mandement of their Soveranis at any tyme bypast.
" And alswa, the Erie of Ergyle, Lord Justice of Scot
land, being presentlie joyned with the said Lord Duck,
shall employ his force and good will, whair he shall be re
quired by the Queny's Majestie, to reduce the north partes
of Ireland to the perfytt obedience of England, conforme to
a mutuall and reciproque contraict to be maid betuixt her
Majestie's Lieutennent or Deputie of Ireland for the tyme

1560.] OF CHURCH AND STATE IN SCOTLAND. 261
being and the said Erie, wheirein shal be conteyned what
he shal do for his parte, and what the said Lieutennent or
Deputie shall do for his supporte, in case he shall have to
do with James Monneil,1 or any other of the Isles of Scot
land or Realme of Ireland.
" For performance and sure keaping wheirof, thei shall
for their part enter to the said Ducke of Northfolk the
pledges presentlie named by, him, befoir the entree of her
Majestie's ayde in Scottishe ground, to remane in England
for the space of sax monthes, and to be then excheanneged
uppon deliverie of new hostages of lyke or als goode condition
as the former, or being of the lauchfull sonnes, brethren, or
heyres, of any of the Erlis or Barronis of Parliament, that
have or hereafter shal shew themselves, and so persist oppen
ennemyes of the Frenche in this quarrell, and so furth from
sax monethis to sax monethis, or from foure monethis to
foure monethis, as shall best please the partye of Scotland ;
and the tyme of the continewance of the hostages shall be
during the mariage of the Quene of Scottes to the Frenche
King, and one zeare after the dissolutionn of the said mariage,
untill forder order may be had betuixt both the Realmes for
peace and concord.
" And furthermore, the said Ducke and Nobilitie, being
Erlis and Barones in Parliament joyned with him, shall
subscribe and seale these articles and compactes within the
space of twenty or thretty days at the uppermost, nixt fol
lowing the day of the deliverye of the saidis hostages, and
shall also procure and perswade all uthers of the Nobilite
that shall joyn theymselves hereafter with the saide Ducke
for the causse above specifyed ; lykewyis to subscryve and
seale these articles present at any tyme after the space of
twenty dayes after their conjunction, uponn requisition maid
to theym on the partye of the Quenis Majestie of England.
" And fynalie, the said Duck and Nobilitie joyned with
him, certanelie perceaving that the Quenys Majestie of Eng
land is theirunto onelie moved uponn respect of princelie
honour and neybowrheid, the defence of the just freedome
of the Crowne of Scotland from conquest, and not of any other
1 This seems to have been James Macdonald of Islay, at that time the
most powerful of the Islanders, who married Lady Agnes Campbell, the
aimt of the above mentioned Earl of Argyll. See Sir Ralph Sadler's
State Papers, vol. i. p. 431, 517.— E.]

262 THE HISTORY OF THE AFFAIRS [1560.
sinister entenfc, doeth by these presentis testifye and declaire
that thei nor any of theym meane, by this compacte, to with
draw any deu obedience from their soverane Ladye theQueyn,
nor in any lefuU thing to withstand the Frenche King, being
her husband and head, that during the mariage shall not
tend to the subversioun and oppressioun of the just and aun-
cient liberties of the said kingedome of Scotland ; for the
preservation wheirof, both for their Soveranis honour, and
for the continewance of the kingdome in auncient estait,
thei acknowledge theimselves bound to spend their goqdes,
landes, and lyves. And for the performance of this present
contracte for the parte of England, the Quenys Majestie
shall confyrme the same, and all clausses therein conteyned,
by her lettres patentes, under the Greate Seale of England,
to be delivered to the Nobilite of Scotland, uponn the entree
of the pledges afoirsaid within the ground of England.
" In witnes wheirof the Commissionaris for the Ducke of
Chasteaularault and Nobilite of Scotland befoir named haif
subscryved these presentis, and thereunto affixed their seales,
the day, zeare, and place afoirsaidis.
" James Stewart,1 W. Maitland.*
Patrik L. Ruthwen.2 Jhone Wyshart.5
Johne Maxwell.3 Henricus Balnaves.6
" Sub Sigillis prsedictorum Comissariorum de cera rubea
pendente a duplicibus caudis pergamense."7
1 [See the note, p. 235 of the present volume. — E.]
2 [See note, p. 232.— E.]
3 [John, who succeeded his father as sixth Lord Maxwell, killed in a
feud with the Johnstones at Dryfe Sands in December 1593. — E.]
4 [The celebrated William Maitland, eldest son of Sir Richard Mait
land of Lethington, the collector and preserver of the early Scottish
poetry, and himself a poet of very considerable abilities. Maitland was
subsequently one of the most prominent men of his time. — E.]
5 [Wishart of Pittarrow was the brother of George Wishart "the
Martyr."— E.] 6 [See the Note, p. 69.— E.]
7 At the beginning of the copy of these Articles in the Cotton Library,
on the margin, there is a remark by Sir Robert Cotton, which is this—
" It seems by the Commission given by the Queen for confirmation of
these Articles, dated in the month of March following, that this treaty
was concluded before the Queen would openly profess herself a party,
which is to be noted." The Commission is set down after this paper, in
Caligula, B. 10. The date is 29th March 1559.

1559-60.] OF CHURCH AND STATE IN SCOTLAND. 263

CHAPTER XI.
CONTAINING AN ACCOUNT OF PUBLICS AFFAIRS, FROM THE
FINISHING OF THE TREATY AT BERWICK BETWIXT THE
QUEEN OF ENGLAND AND THE LORDS OF THE SCOTTISH CON
GREGATION, IN THE END OF FEBRUARY 1559-60, UNTIL THE
DEATH OF THE QUEEN-REGENT ON THE 10TH OF JUNE ANNO
1560. I could not till now, without interrupting too much the
chain of our History, find a proper place to notice the re
turns which the Queen-Regent received from France to the
messages she had formerly sent thither for more troops.
And even now that I am to do it, the reader must, by rea
son of the discongruity of our historians in this -matter, be
satisfied with what can be picked up from each of them.
Mr Knox, and from him, I suppose, Archbishop Spottis
wood affirm, that immediately after the receipt of the
Queen-Regent's letters, her brother the Marquis d'Elbeuf
and Count Martigue,1 a young Nobleman of great courage,
were dispatched thence with an army of horse and foot, but
that a violent storm did so break their ships on the coast
of Holland, that eighteen ensigns2 were cast away, and not
a ship saved but one or two, wherein the two Generals had
embarked, and these were driven back to Dieppe, from whence
they had set sail. The Archbishop adds — that soon after
the Marquis's putting again to sea, he arrived at Leith
about the beginning of the spring, with 1000 foot and some
few horsemen. Bishop Lesly makes no mention of this un
fortunate voyage, but says, that whilst the Queen-Regent
was anxiously looking for her brother from France, Count
Martigue arrived at Leith with 1000 veteran soldiers in the
month of November. Mr Buchanan also makes no mention
of the first expedition, and only takes notice that the spring
being now at hand, Count Martigue, a young gentleman of
undaunted courage, landed from France with two ships,
bringing with him about 1000 foot and a few horse ; that
he and his soldiers presently went ashore, but that the ships
1 [Properly Count Martiques. — E.] 2 I reckon this meant 1800 men.

264 THE niSTORY OF THE AFFAIRS [1560.
were taken in the night by the Scots. And he adds, that
about the same time the Marquis d'Elbeuf, who was bring
ing an aid of men and money in eight ships, returned back
into the haven from whence he had set sail, excusing himself
partly because of the seas being full of English ships, and
partly because of the badness of the weather ; that besides,
a second fleet of English ships was sent to the Scots coast
to second the former, who scoured continually up and down
the Frith, and kept the island of Inchkeith besieged, and
stopping all manner of provisions from passing by sea into
Leith.1 And finally, Mr Knox observes likewise the arrival
of Count Martigue, about the 10th of January, as may be
collected from him, but seems to take no notice of any
soldiers that came with him ; however, what he says on this
occasion maybe properly inserted here, because it gives a good
account of the taking of the French ships that brought Count
Martigue. He informs us, then, how that after the Laird of
Grange had defeated the French company mentioned above,
care was taken to furnish them with provisions by sea, with
out obliging them to straggle through the country to pro
vide themselves ; that for this purpose one Captain Cullen2
was appointed with two ships to carry victuals continually
from the south side of the Frith to Kinghorn, Kirkcaldy, &c.
lying on the north ; that to watch Captain Cullen, two ships
were fitted out at Dundee, and the command of them given
to one Andrew Sands : — " That about the same time Count
Martigue arrived from France, who without delay landed
himself, the coffers, and principal gentlemen that came along
with him, at Leith, leaving the rest in the ships till a better
opportunity. But the foresaid Sands and his company strik
ing sail, and making as if they would cast anchor hard by
them, boarded them both, and carried them to Dundee. In
_them were gotten some horses and much harness, with some
other trifles, but of money we heard nought. Hereat the
French, being much offended, avowed the destruction of St
Andrews and Dundee." And in consequence of this it was
1 Mr Knox likewise says there came more English ships into our Frith
than what came at first ; and Mr Camden, in the Life of Queen Elizabeth,
says that they fell furiously upon the French men of war, and upon the
French soldiers in the Isle of Inchkeith.
2 [This Leith " skipper" was afterwards hanged by the instrumentality
of the Regent Morton, who had an intrigue with his wife. — E.]

1560.] OF CHURCH AND STATE IN SCOTLAND. 265
that the French soldiers made that movement on the 15th
of January, when first they discovered the English ships
bearing up the Frith. Thus it appears from our historians
that only about 1000 men came from France at this time,
and that most probably they arrived the beginning of Janu
ary 1559-60, under the command of Sebastian Martigues of
the House of Luxenburgh, as Mr Camden informs us ; who
likewise says, that besides 1000 well disciplined footmen there
were one or two cornets of horse. This Count Martigues, im
mediately on his arrival, was declared commander-in-chief
of all the French soldiers in Scotland, says Bishop Lesly.
After the French soldiers had left Fife, the first thing the
Lords of the Congregation did, was to return thanks to God,
in the church of St Andrews, for the deliverance he had
given them, and then they beset and took some houses be
longing to the gentlemen who had appeared against them ;
but soon after they restored these houses, and set the gentle
men at liberty, upon promise not to assist the French for
the future. Much about that time the gentlemen of the
shire of Mearns that were of party with the Congregation,
being flushed with the expectation of a speedy change in
their affairs, went to Aberdeen, where, being assisted by
some of the citizens, they quite demolished the Monasteries
of the Dominican and Carmelite Friars; and proceeding
next to treat the other religious houses, and the stately
cathedral church of Old Aberdeen1 in the same manner,
1 [On the 29th of December 1559, a large body of the insurgents pro
ceeded to the episcopal city of Old Aberdeen, and at once assailed the
Cathedral of St Machar, the great spire of which they attempted to pull
down, when they were repulsed by Leslie of Balquhain and the retainers
of the Earl of Huntly. On the 4th of January, they attacked the Monas
teries of the Black Friars and White Friars, which they plundered and
dilapidated. They intended to visit the Monastery of the Grey Friars in
a similar manner, but the Magistrates, alive to the folly of permitting
this tumultuous destruction of valuable property, determined to interfere.
In a court held by them a few days afterwards they agreed to seize the
buildings of the ecclesiastics, and sell the materials, with whatever gold
and silver plate they found, for the public good. They also agreed to
furnish forty men for the service of the " Congregation," and to use their
utmost efforts to suppress what the insurgents called idolatry. As an in
vasion of the zealots was expected, the great eucharist and some other
sacred utensils of silver were removed out of the cathedral, and depo
sited in a place of safety. The rest of the silver plate, which amounted
in all to 1920 ounces, with the gold, precious stones, jewels, and vestments,

266 THE HISTORV OF THE AFFAIRS [1560.
they were hardly withholden from acting their design, by
some men belonging to the Earl of Huntly, and some of the
Leslies headed by  Lesly, Laird of Balquhain, at the
desire of this Earl, who was nephew to the then Bishop of
that See ; and it is noted by Bishop Lesly, who was then
official or commissary of that church, that the ancient form
of worship was kept up there a long time after it was sup-
prest almost in all other parts of the kingdom. The Earl
of Huntly, whom we have already mentioned to be Chancel
lor of the kingdom, had, it seems, an unfixed resolution what
side to party with, as may appear in his former and will
still more appear by his present and after conduct ; for now
when he heard that the English forces were on their march
to Scotland, he sent to the Lords of the Congregation, and
made offer to join them ; to which effect a meeting having
been appointed at Perth betwixt him and those who com
manded in Fife, they there conferred together for three days,
and that Earl came, or seemed to come, into the other's
measures, promising to bring over to them all his followers
in the north country, and to return himself in a short time
after to their army.1 Orders were then dispersed by the
Congregation through the kingdom, charging all the capable
subjects to meet in arms at Linlithgow the last day of
March. Soon after this, the hostages2 stipulated in the treaty at
was portioned among the Prebendaries, who were to restore the whole
when the violence subsided ; but it was never afterwards forthcoming, and
the result of affairs probably induced the Prebendaries to appropriate it
to their own use. The Cathedral was for the most part saved, but its valu
able library was, with few exceptions, destroyed, and the Bishop's Palace
and the houses of the Prebendaries were dilapidated. This finished the
work of destruction in Aberdeen on that occasion. — E.]
1 In the Instructions given to the persons who went on the part of the
Congregation to treat with the Duke of Norfolk at Berwick, as recorded
by Mr Knox, the Earl of Huntly is expressly called one of the neutral
Lords ; and again — That his Lordship held a correspondence with the
Earl of Arran, that he had desired a copy of the suspension against the
Queen-Regent to be transmitted to him, and other letters for arresting
the rents of the clergy, with proclamations for ordering all his men to
march forward to the assistance of the Congregation.
2 Mr Knox says the hostages were delivered to Mr Winter, the English
Vice- Admiral, who set them ashore at Newcastle. Archbishop Spottis
wood gives their names thus : — Colin Campbell, cousin to the Earl of
Argyll ; Robert Douglas, brother to the Laird of Lochleven (he was

1560.] OF CHURCH AND STATE IN SCOTLAND. 267
Berwick were delivered at Newcastle ; and the English army,
consisting of 2000 horse (their historians say only 1200) and
6000 foot, began their march, and entered Scotland the be
ginning of April 1560. It was commanded in chief by
the Lord Grey, and under him by the Lord Scroop,
Sir James Crofts, Sir Henry Percy, Sir Francis Lake,
&c. And the army of the Congregation joined them a day
or two after at Preston -1 the chief leaders of which were
the Duke of Chastelherault, the Earls of Argyll, Glencairn,
and Monteith, the Lord James, Lords Ruthven, Boyd, and
Ochiltree, who were assisted by the gentlemen of Lothian,
Fife, Angus, Mearns, and some counties in the West. At the
same time the Queen-Regent was received, at her desire,
into the Castle of Edinburgh, by the Lord Erskine, governor
thereof, a Nobleman noted by our historians for his singular
honesty and wisdom. It may be remembred that he re
ceived the command of this Castle from the Estates of the
kingdom in Parliament, at the time the Earl of Arran sur-
rendred the regency to the Queen Dowager, with this ex
press condition, as is said— That he should re-deliver the same
to none but by order from the said Estates. We may like
wise remember how he inclined to favour the interest of the
Queen-Regent, at the attack intended to be made by her
Majesty on the city of Edinburgh, in the month of July
last, and that his Lordship was earnestly solicited by both
parties to declare for them. Notwithstanding which impor-
nephew to the Prior of St Andrews, whose mother was married into that
Family) ; and  Ruthven, son to the Lord Ruthven. But the English
historians mention them thus : — Lord Claude Hamilton, fourth son to the
Duke of Chastelherault, Robert Douglas, Archibald Campbell, Laird of
Longhennel, George Graham, second son to the Earl of Monteith, and
James Cunningham, son to the Earl of Glencairn.
1 Mr Stow, in his Annals, gives the names of the principal Scottish per
sons that came to meet the English generals while their army lay at
Preston, viz. the Duke, with his son ; the Earls of Argyll, Glencairn,
Sutherland, Monteith, Rothes ; the Lord James ; Lords Ruthven, Ochil
tree, and Boyd ; the Masters of Maxwell and Lindsay ; the Bishop of
Galloway (this is Alexander Gordon) ; the Abbot of St Colm's Inch,
(his name was James Stewart, son to Sir James Stewart of Beith. He
was afterwards created Lord Doune, and was paternal ancestor to the
present Earls of Moray. It is very probable, that this has been the
person whom we find subscribing the remonstrance mentioned, p. 107 [of
the folio copy of this History, and p. 238 of the present volume] ; the
Abbot of Culross ; the Lairds of Ormiston, Pitarrow, Cunninghamhead,
Grange, &c.

268 THE HISTORY OF THE AFFAIRS [1560.
tunities, he cautiously owned himself openly for neither, but
thought it his duty not to deny her Majesty entrance at
this time for herself and her attendants, as being a place
proper to secure her person from the rude and unmannerly
treatment he had reason to apprehend she might now meet
with ; but at the same time, he took care that she should
still be in his power, and the Castle still under his command.
The principal persons who entered the castle with the Queen
were the Archbishop of St Andrews, the Bishop of Dun
keld, the Earl Marischall, James Macgill, Clerk-Register, and
some others.
The leading men of the Congregation having had several
consultations with the General and other commanders of
the English army, met together at Dalkeith, April the 4th ;
and there, judging by the Queen-Regent betaking herself
to a place of strength and retreat, that she no less appre
hended the success of the war, now her enemies were so
strengthened by the accession of their English auxiliaries,
than she feared that a sufficient aid from France could not
arrive time enough for her defence and support. They de
termined once more to address her Majesty by letter, not
doubting but a due sense of their force, and the hardness of
her own present circumstances, might bring her not only to
hearken to, but even to comply with their proposals. Ac
cordingly a letter is formed, voted, and agreed to the same
day ; which letter I would here insert, as recorded by Mr
Buchanan, and from him by Archbishop Spottiswood, were
I sure of its being a transcript from the original. And yet
since the reader could at best even then have but a trans
lation of it from the Latin, I reckon the contents of it will
be sufficient, which are — " That they having been formerly
instant with her Majesty to remove the French forces out
of the kingdom, they had been necessitated to address the
Queen of England for aid to expel them by force of arms,
unless she, the Queen-Regent, will agree to dismiss them
without the effusion of blood ; in which case the Queen of
England will afford them a safe passage, and even lend her
fleet to transport them. But if the Queen-Regent shall re
fuse to grant this their request, they then call God and man
to witness that they were driven to take up arms merely
through necessity, and for the preservation of the common-

1560.] OF CHURCH AND STATE IN SCOTLAND. 269
weal, themselves, their estates and posterity from utter ruin.
But that in no danger, how great soever, shall they depart
from their dutiful- obedience towards their Sovereign the
Queen, or resist the King her husband in any thing that
shall not1 tend to the subversion of their ancient liberties,
or the destruction of themselves and their posterity." This
letter, dated at Dalkeith, a fine village four miles2 south from
Edinburgh, the 4th of April3 as aforesaid, was subscribed
by all the Noblemen that were present ; and Spottiswood
tells us that the English General did in like manner direct
Sir George Howard and Sir James Crofts to make offer to
the Queen-Regent — That if the French would peaceably de
part forth of Scotland, they likewise should return into their
own country without molesting any person ; and that the
Queen's answer was — That she would think on what was pro
posed, and give answer thereto against next day. But the
army not liking to admit these delays, advanced the next day
towards Leith. This matter is very differently related by
Lesly, viz. — That the Lord Grey desired from the Queen-
Regent a truce for twenty-four hours that he might have an
opportunity to declare to her the cause of his coming into
Scotland, and at the same time to propose to her Majesty
terms of accommodation ; that the Queen sent down a herald
to Leith, who might signify her mind concerning these pro
posals, but that before his arrival there the armies had en
gaged ; that the engagement being somewhat slackened, the
two gentlemen above mentioned were sent to the Queen-
Regent, and told her that the English army was ready to
return home, if the French were sent home likewise ; that to
this the Queen answered — That she could do nothing without
first advising with the French generals, and that some time
must be allowed her for that purpose; that she gave command
to one Drummond, a herald, to carry a letter of Monsieur
la Brosse, then in Leith, and to take some Englishman along
with him as a companion ; that this herald had his letters
taken from him by the English, and was ordered to return to
1 This clause seems to be shuffled in, to afford them a good pretext for
rebellion. But some people think nothing to be rebellion that is attended
with success.
2 [The town of Dalkeith is six English miles from Edinburgh. — E.]
3 Archbishop Spottiswood, by what authority I know not, says the 5th.

270 THE HISTORY OF THE AFFAIRS [1560.
the Queen-Regent, and signify to her that instead of peace
they were now meditating how to revenge the loss they had
sustained the day before from the French, and that hence
forth nothing but war was thought upon by both parties.1
But on which ever side of these narrations the truth of
the preceding transaction hangs, it is certain the English
army did advance towards Leith on Saturday, the 6th of
April, being the eve of Palm Sunday, keeping along the sea
coast till they came to the village of Restalrig. The French,
in the mean time, under Count Martigue, marching out of
Leith to the number of about 1300 men,2 took possession of a
small rising ground called the Hawkhill, because they judged
the English had a mind to encamp there. Both parties
seemed indeed to contend for this little eminence, for a sharp
fight ensued, which lasted from ten in the morning till four
in the afternoon, for recovering and keeping the place, with
no small loss on either side ; till at last the Scottish horse,
charging the French with great fury, drove them back into
Leith, from which, it is said, they had been quite cut off,
had the English horse come up sooner to support the Scots,
1 Mr Stow relates the matter thus : — " On the 6th of April, as the
English army marched from Salt-Preston, and was advanced near to
Restalrig, there came Trombull, the Queen- Regent's trumpet to the Lieu
tenant, and brought with him a safe-conduct, given under her hand and
seal, for the safe repair of Sir James Crofts, Sir George Howard, and six
other to accompany them. Whereupon they preparing themselves, de
parted towards Edinburgh, where the said Queen as then lay within the
Castle. There went with them Mr Somerset, Mr Pelham, and four other
gentlemen. Whilst they were in conference with the Queen, the French
men, to the number of 900 or 1000 shot, backed with 500 corslets and
pikes, and about fifty horsemen, were come forth of Leith under con
duction of Monsieur d'Oysel and Count Martigues. The Lord Grey un
derstanding thereof, came up to the hill, appointed an officer-at-arms
called Rouge Crosse to go unto them, with commandment from him — That
they should retire their forces forth of the field into the town of Leith,
for if it were not for the promise which he had made to the Queen
Dowager, he would cause them to depart. The herald doing his message,
received answer, that they were upon their master and mistress' ground,
and therefore meant not to remove from it. Rouge Crosse returning
with this answer, was sent again to command them eftsoones to go their
way back to Leith ; for if they did not, they should be sent away with a
mischief." Then follows an account of the engagement, the French giving
the first fire. And after that the historian adds — " The same day Sir
James Crofts and Sir George Howard returned from the Queen-Regent,
after they had spent a long time in talking with her,"
2 Lesly says only 900.

1560.] OF CHURCH AND STATE IN SCOTLAND. 271
as had been agreed. Immediately after the retreat of the
French, who in this engagement lost about 300 men, the
English advanced, and pitched their tents on the ground
betwixt Leith and Restalrig, in which village the horse were
quartered, and the General lodged at the Dean's house. The
Duke of Chastelherault, with his counsellors about him, lay
in the Abbey of Holyrood-house, or in Edinburgh, as he
thought proper ; and his son the Earl of Arran, and the
other Lords of the Congregation, lay in their camp about
Leith, on the south and south-east side thereof, where
trenches were cast up, and a small mount erected, on which
they planted eight piece of cannon to play upon St Anthony's
steeple,1 from whence especially, and from other parts of the
town, great damage was done in the camp. However, the
English succeeded so well with their battery that in a few
days they dismounted the ordnance placed by the French
in the steeple. This, with their other good success during

1 The church of South Leith is dedicated to that Saint, and that of
North Leith to St Nicolas. — [Bishop Keith is here in error. The present
parish church of South Leith is dedicated to the Virgin Mary. The
Bishop seems to have mistaken it for the Preceptory of St Anthony,
founded by Logan of Restalrig in 1435, which stood near the Kirkgate
Street, at the corner of the alley known as St Anthony's Wynd. This
religious house, of which the only vestiges are some old vaults, was partly
destroyed at the siege, and soon afterwards completely demolished by the
insurgent Reformers. As to the dedication of the parish church of North
Leith to St Nicolas, this is also erroneous. No parish church existed in
North Leith till after the year 1580. The former parish church was
that of Holyrood. On the 3d of July 1606, the Scottish Parliament passed
an Act erecting the " kirk of Leith benorth the brig," over the water of
Leith in the harbour, now the upper draw-bridge, into " ane paroche
kirke." (Acta Pari. Scot, folio, vol. iv. p. 301). The reason assigned in
the Act is, that the inhabitants of the north and south sides of the water
and bridge of Leith, within the regality and barony of Broughton, were
too far distant from their parish church of Holyroodhouse, especially in
the case of aged and sick persons, and " the said inhabitants of the north
and south sides of the water and brig of Leith, upon their awn expences
and charges, have biggit to themselves ane kirk upon the north side of
the brig of Leith, and have had ministers serving the cure thereat, and
ministering to them the Sacraments, these twenty years bygane with the
mair ; likeas they have presently ane minister serving the cure thereof,
they being ane thousand communicants, who come and haunt to the same
kirk, dwelling within the said regality of Broughton." The edifice men
tioned in the Act has disappeared, but its humble steeple is still seen (in
1844) on the north side of the upper draw-bridge. It also appears that
the parish church of South Leith was anciently Restalrig. — E.]

272 THE HISTORY OF THE AFFAIRS [1560.
the course of the Holy Week,1 so elated them, that they grew
as usual on such occasions more negligent and remiss, and
supposing the French would now make no more sallies, they
began to follow their ordinary sports and diversions ; some
of the captains for this end going to Edinburgh, and the
common soldiers falling to play at cards and dice, as if there
had been no enemy to fear. The French getting intelligence
hereof, issued out of Leith on Easter Monday, the 15th of
April, about noon ; and with great violence entering the
trenches, slew, say some, about 600 men, and nailed three
cannon, before any considerable body could be formed to
resist them. This misfortune taught the English to be
more upon their guard in time coming, and perceiving like
wise that their trenches lay too open to the enemy, and that
their cannon was at too great a distance to do much execu
tion on the town wall, they removed their camp to the west
side of the Water of Leith, and cast up several mounts2
there, on which to plant their ordnance nearer to the town
than formerly ; such mounts they also built at certain quar
ters and distances, that they might prove safeguards and
places of retreat to the soldiers, in case of any sudden irrup
tion from the town. During this siege the Queen-Regent
finding herself in a sickly condition, some conferences were
had for an accommodation, but to no effect. Bishop Lesly
seems to say that in these the Earl of Huntly was a great
1 The English historians say that on the 14th of April, being Easter
day, there was great firing of cannon on both sides and skirmishing ;
but our Bishop Lesly affirms that there was not so much as one small
shot discharged by the French all that day, but that the English did con
tinually play with their cannon against the church, even though the
ordnance in the steeple was dismounted, and that during the very time
when they were assured the people were gathered together in the church
for Divine Service, for a bullet was shot through the window where the
altar stood, just before the administrating of the Holy Communion.
2 [Finding that their cannon did no execution from the elevated grounds
of Hawkbill and Hermitage, the English descended to the Links, where
they threw up mounds of earth on which they planted their artillery.
Two of these mounds still remain on Leith Links, covered .with verdant
turf, and are memorials of Elizabeth's soldiers at this siege of Leith. One
is close to the well on the east side of the Links, bordering on the road
from the Easter Road to Seafield Baths, called Lady Fife's Well, which was
probably the first thrown up by the English ; the second is of consider
able height, about two hundred paces from the High School, and is locally
known as the Giant's Brae. — E.]

1560.] OF CHURCH AND STATE IN SCOTLAND. 273
agent for the Queen, and that he left no stone unturned to
bring things to a happy period, but that when he saw the
state of affairs desperate, he returned North, and meddled no
further : but how to reconcile this with other accounts of
this Nobleman I cannot see. And Mr Buchanan says, that
on the 22d of April, John Monluc,1 Bishop of Valence in
France, was first carried into the English camp, next into
the castle of Edinburgh to the Queen-Regent, where he
staid two days, and then that he repaired to the Lords of
the Congregation ; but that after all he could prevail no
thing, because the Scottish Lords persisted peremptorily in
their demand that the foreign soldiers should return home,
which it appears the Queen-Regent was advised not to con
sent to. Therefore, when no agreement was like to take
place, the Congregation thought fit to enter into a new-
Bond of Association, subscribed by all the Nobility, Barons,
and other gentlemen professing the new form of religion ;
among whom Mr Knox expressly says the Earl of Huntly
was a prime man. The Bond was as followeth —
" ANE CONTRACT OF THE LORDS AND BARONS TO DEFEND THE
LIBERTY OF THE EVANGELL OF CHRIST.
" At Edinburgh, the twintie-seventh of Apryll, the year
of God ane thousand fyve hundred threescore years : We,
whaes names are underwritten, haif promitted and obliedged
ourselves faithfully, in the presence of our God, and be thir
presents promitts, That we altogether in general, and every
one of us in special be himself, with our bodies, goods, friends,
and all that we may do, sail set forwart the Reformation of
religion, according to Goddes Worde, and procure, be all
means possible, that the true preaching of Goddes Word
may haif free passage within this Realme, with dew admini
stration of the Sacraments, and all thinges depending upon
the said Worde. And sicklyke, deiply weighing with our
selves the misbehaviour of the Franche ministers heir, the
intolerable oppressions committed be the Franchmen of weir
upon the puir subjects of this Realme, be meyntenance of
1 The arrival of this Prelate, and his conferring with the Queen, is con
firmed by the English historians. He came into their camp at Restalrig,
and was conveyed to Edinburgh by the English herald Rouge Crosse.
18

274 THE HISTORY OF THE AFFAIRS [1560.
the Queen-Dowriare, under collour and pretence of autho
rity, the tyranny of their captains and leaders, and manifest
danger of conqueist in whilk this countrie presently stands,
be reason of diverse fortifications on the sea-coast, and other
novelties of late attemptat be them ; promitts that we sail,
als weell every one with others, as altogether, with the Queen
of England's armie presently come in for our deliverance,
effectually concurr and joyn together, taking onefold and
plain part of the expulsion of the said strayngars, oppress
ors of our liberty, furth of this Realme, and recovery of our
ancient freedomes and libertie, to the end in tyme coming
we may, under the obedience of our King and Queen, our
Soverains, be only reulyt be the laws and customes of the
countrie, and by the men of the land ; and that never any
of us all haiff pryvy intelligence, be writing or message, or
communication with any of our said enemys or adversars in
this cause, bot be the advyce of the rest, at leist of fyve of
our numbers. Attour, that we sail tender this present
cause, as if it were the cause of every one of us in particular,
and that the cause of every one of us now joyned together
being leiful and honest, sail be all our causes in general ; and
he that is enemy to the cause forsaid sail be enemy to us
all, in so far, that whatsomever person will plainly resist
thir our godly interprysis, and will not concurr as ane guid
member of this commonweill, we sail fortify the authority
of the Counsell to reduce them to their deuty, lykeas we sail
fortify the said authority of the Counsale in all things tend
ing to the furtherance of the said cause. And giff any par
ticular debate, quarrell, or contraversee sail aryse, for what
somever cause bygain, present or to come, betwixt any of us,
as God forbid, in that case we sail submit ourselves and
our said questions to the decision of the Counsale, or to arbi
trators to be named be them ; provyding allwayes that this
be not prejudicial to the ordinar jurisdiction of judges, but
that men may persue their actions by ordour of law, civilly
or criminally, before the judges ordinars, gif they please."1
1 This Bond is in Mr Knox's History, but that author has, it seems,
taken the freedom all along to turn the Scottish papers into the English
dialect, with which he has been pretty well acquainted ; wherefore I have
taken this from the copy in Bishop Burnet's History of the English Re
formation, vol. iii. p. 287, which, he says, he copied from the original at
Hamilton.

1560.] OF CHURCH AND STATE IN SCOTLAND. 275
When the Queen-Regent saw this Bond, even Mr Knox
confesses she said — " The malediction of God I give unto
them that counsailed me to persecute the preachers, and to
refuse the petitions of the best part of the true subjects of
this Realme. It was said to me that the English army
could not lie in Scotland ten daies, but now they have lien
near a month, and are more like to remain than they were
at the first day that they came." It appears, then, to have
been bad advice, and not the Queen-Regent's own inclina
tion, that made her suffer things to come to such extremities,
and yet this same author throws the most virulent reflections
upon her Majesty, as if she had been the wickedest of all
miscreants ; but by what he says of her in all the parts of
his History, he shews what kind of a person he himself has
been, rather than what she was. A foul tongue is the sign
either of a naughty heart, or of a great want of mannerly
education. On the last day of April, about two hours before sun-set,
a casual fire broke out in Leith, which, being assisted by
the violence of the winds, burnt fiercely till next morning,
destroying many houses, and consuming a great part of the
publick provisions. During this conflagration the English
were not idle. They turned their cannon upon those parts
of the town where they saw the flames rising, and played
so warmly upon the people that they durst not come near
enough to quench the fire ; and they likewise laid hold on
this opportunity to adventure measuring the height of the
wall in some places, in order to provide ladders for the
scalade which they intended. However, the French had been
so cautious, that from the beginning of the fire, dreading
some secret attempt might be made in time of such a general
consternation, they kept a pretty narrow eye upon the walls,
otherwise it is probable that day had put an end to the war.
The English, knowing that a good part of the publick
granary within Leith was burnt down, and that of course
provisions would begin to be scarce, they, on the 4th and
5th days of May, set fire to the water mills that served the
town, on purpose to straiten it yet the more, and on the
7th of the same month, their ladders being ready, they
resolved to make a general assault ; but to their great mor
tification, when these ladders were applied to the wall a

276 THE HISTORY OF THE AFFAIRS [1560.
little before day-break, they proved too short by an ell and
half, so that project failed them, and came to nought. The
English general was desirous to make this assault, because
the soldiers were grown weary with lying so long in the
camp ; and besides, they saw no hopes of gaining the town
any other way, the breaches which their cannon made
in the walls, which were only built of earth, by day being
quickly repaired before next morning, so that they found
themselves under a necessity of endeavouring to become
masters of the place after this speedy manner. Sir James
Crofts was suspected of some treachery in his behaviour that
day, for it was observed that he did not advance in time to
the attack of the north-west quarter of the town upon the
sea side, which was alotted to him ; so that though the rest
of his countrymen, who made the attack, did behave them
selves very bravely, and seemed once to have gained the
town, yet not having been timeously supported, they were
forced to a retreat, with the loss of 160 men, besides many
wounded. And it is certain that Sir James, for this misbe
haviour of his, and for an alledged secret correspondence
with the Queen- Regent of Scotland, was impeached by the
Duke of Norfolk and the Lord Grey to the Queen of Eng
land ; and after examination of his cause before her Council,
he was removed from his government of Berwick, and the
Lord Grey put in his place. This late success gave new
courage to the French, and the three following days they
employed themselves very cheerfully, though with much
hazard, in repairing the town walls, for the English shot
incessantly upon them, wherever they perceived them in
greatest numbers.
After this defeat, the Queen-Regent was hopeful the siege
would have been raised, and that the English would depart
home. But she was mistaken ; this misfortune did not so
dismay either the English or the Scots, but that they ex
horted each other to constancy. And accordingly we find,
that on the 10th of May, the treaty of Berwick was confirmed
and ratified in these words, as related by Mr Knox — " Which
contract we find honest and reasonable, and that our said
Commissionars therein had considerately respected the com
monwealth of this Realme, of us, and our posterity ; and
therefore do ratifie, allow, confirm, and approve the same,

1560.] OF CHURCH AND STATE IN SCOTLAND. 277
with all clauses and articles therein contained, by these pre
sents. In witnes hereof, to the same subscribed with our
hands, our seals of arms, in such cases accustomed, are ap
pended. At the camp before Leith, the 10th day of May,
the year of God 1560 yeares. The Duke of Chastelhe
rault. Earl of Arran. Earl of Glencarne. Earl
of Rothesse. Earl of Argyle. Earl of Huntlye.
Earl of Morton. Earl of Menteith. Lord Ogilbye.
Lord James Steward. Alex. Gordon. Lord Boyd.
Lord Ochiltree. Gawin Hamilton, Abbot of Kilwin
ning. Abbot of Culross. Lord Borthwick. Lord of
St John [James Sandilands, second son to Sir James San
dilands of Calder ; he was Lord of St John of Jerusalem, a
military order of religious knights, of whom formerly ; and
was thereafter created Lord Torphichen]. Lord Jo. Aber-
brothock [John Hamilton, second son to the Duke of
Chastelherault ; upon the death of his elder brother he be
came Earl of Arran, and was afterwards created Marquis of
Hamilton, of whosebody is lineally descended the presentDuke
of Hamilton]. Lord Somervail. Lord Rob. Steward
[he was Abbot of Holyroodhouse, and natural son to King
James V., and was afterwards Earl of Orkney] Abbot of
Kinloss. Ja. Steward of St Colm's Inch."
Moreover, the English promised to continue here till they
should receive fresh orders from their Court ; soon after
which assurance letters arrived from the Duke of Norfolk,
in return, it is to be presumed, to those that had been
wrote him upon the late miscarriage, by which he advised
the Lord Grey to continue the siege, promising him a
speedy reinforcement of soldiers, and declaring withal that, if
need were, he would himself come, and command the army
in person. And to convince them the more of his sincerity,
he ordered his tent1 to be set up in the camp, and sent
thither his own officers and provisions ; and in a few days
after he sent them 2000 men, to supply the place of those
they had lost since they entered Scotland. This reinforce
ment gave such strength to the besiegers, that though the
French made frequent sallies afterwards, yet scarce any of
1 This perhaps may have given occasion to Bishop Lesly to write, that
the Duke did actually come privately into the camp, and that he likewise
did visit Edinburgh.

278 the history of the affairs [1560.
them proved successful from that day forward. It is true,
the besieged were oppressed with famine, while the besiegers
wallowed in plenty ; neither had the first any prospect of
relief, while the other had reason to hope a supply of every
thing. Indeed the French had no appearance to bring their
affairs to any tolerable issue, neither was there any thing re
markable fell out in the siege any time after this, though
several sallies were made, and frequent skirmishes happened
not without blood to both sides.
The Queen-Regent having, as is before hinted, been seized
with a lingering distemper, the disease increased so fast upon
her,' heightened, no doubt, by the grief of her mind, that
she died in the castle of Edinburgh on the 10th day of June
1560. Sometime before her death she is said to have caused
write down in a book the names and characters of the prin
cipal and most distinguished persons in the kingdom, either
for birth or otherwise, which she recommended to be sent
her daughter into France, that thereby she, or any intrusted
by her in the administration of the Government here, might
be the more able to form a judgment who of her subjects
were fit to be trusted, and who not. A little after this her
Majesty desired to speak with Monsieur d'Oysel,1 but he being
denied by the beciegers a safe-conduct from Leith, her next
request was that she might talk with some of the confede
rate Nobility. This was granted her, yet so as that they
might not be all present with her at a time ; for, it seems,
their guilt had made them afraid some treacherous blow
might be prepared for them, at least they were suspicious of
being detained prisoners within the Castle. So little faith
had they in the assurance of a dying Queen ! But how
Christian, just, or charitable, such a suspicion might be
every one is at liberty to judge. The persons whom I find
named then to have waited on her Majesty were the Duke
of Chastelherault, the Earls of Argyll, Marischal, and Glen
cairn, and the Lord James.2 To them she expressed her
1 See Appendix, No. XXII.
2 These Lords seem to be mentioned because they only were of the
opposite party, and so could only be called to the Queen; others needed
not to be mentioned, as being constantly about her. It is true, the Earl
Marischal was with her in the castle; but he was looked upon as a favourer
of the Reformation, as no doubt he was, though I have never observed
him subscribing any of the publick papers emitted by that party.

1560.] OF CHURCH AND STATE IN SCOTLAND. 279
grief for the troubles that had arisen in the kingdom, com
mending earnestly unto them the study of peace, and ad
vising them to send both the English and the French out of
the country. She recommended to them the faithful obser
vation of the ancient league with France, which had been
lately confirmed in a more special manner by the marriage
of the Queen her daughter with the King thereof ; as also, a
dutiful obedience and regard to their native and lawful Sove
reign. She expressed, in very pathetick terms, her love and
affection to the country, and to the people of Scotland, and
exhorted the Nobles to take care of their own and the na
tion's liberties. And Mr Knox adds — That she professed her
sorrow for having compelled them to seek their support from
any other than their own Queen ; that she repented her of
bringing matters to such extremities, but that the blame was
entirely owing to the wicked counsel of her own friends on
the one part, and that of the Earl of Huntly on the other ;
for had it not been for him, she would have agreed with
them in every thing at the conference held in Preston.1
And after many such endearing expressions, she at last
burst forth into tears, asking pardon of all those whom she
had in any manner of way offended, and most heartily for
giving those who had offended her, wishing them also par
don and forgiveness at the hand of God. And the more to
demonstrate the sincerity of her love and affection, she em
braced, and with a smiling countenance kissed the Nobles
one by one ; and to those of inferior rank who stood by, she
gave her hand to kiss, as a token of her kindness and dying
charity. In a word, she manifested so much goodness and
unfeigned affection, that she drew tears from all who were
present. What particular returns the above mentioned
Lords made to her Majesty our historians have not re
corded ; only we are told in general — " That they gave unto
her what counsel and comfort they could in that extremity,
and willed her to send for some godly and learned man of
whom she might receive instruction ; for, says Mr Knox,
" these ignorant Papists that were about her understood
nothing of the mystery of our redemption. Upon their
motion John Willocks was sent for, who was then returned
1 If this last expression be genuine, it confirms what hath been above
observed of the Earl of Huntly.

280 THE HISTORY OF THE AFFAIRS [1560.
from England, with whom she talked a reasonable space,
and who did plainly shew unto her, as well the virtue and
strength of the death of Jesus Christ, as the vanity and
abomination of that idol the Mass." And he adds — " that
she did openly confess, that there was no salvation but in
and by the death of Jesus Christ,1 but of the Mass we heard
not her confession." She died the next day, and Arch
bishop Spottiswood says, she ended her life most Christianly.
As to the character of this Princess, though separately
given by Archbishop Spottiswood, Bishop Lesly, and Mr
Buchanan, yet in general they seem to agree, and in their
sense I shall give it the reader as near as I can, with a very
little addition. Mary, daughter of Claude, the first Duke
of Guise,2 was first married to Lewis, Duke of Longueville,
1 So does every Papist, but it was this author's business to represent
them in the vilest colours.
2 The Family of Guise is a branch of that of Lorrain, therefore the
Queen is sometimes called Mary of Lorrain. — [The Dukes of Guise or
Guyse were a branch of the Sovereign House of Lorraine, which settled
in France at the commencement of the sixteenth century. Claude, fifth
sone of Rene II., Duke of Lorraine, and Philippa of Guilderland, after
contesting the succession to his father with his elder brother, went to
France, where he married Antoinette de Bourbon in 1513. Francis I., in
1527, created him Duke of Guise in Picardy and Peer of France. He
died in 1530, leaving a numerous offspring, and one of his daughters was the
Queen-Regent of Scotland, widow of James V. The male line of the
House of Guise became extinct in 1675, at the death of the infant son of
Louis Joseph of Lorraine, Duke of Guise, who died in 1671. The Duchy
of Lorraine consisted of a large part of the kingdom of Lorraine, a pro
vince on the north-eastern frontier of France, 115 miles long from north
to south, and about 130 miles broad from east to west in the northern, and
probably 70 miles broad in the southern part. The Duchy of Lorraine
was conferred by the Emperor Charlemagne on Gerard, a Noble of Alsace,
and from him descended the long line of the Dukes of Lorraine, who
governed the territory till about the middle of the eighteenth century.
Francis Stephen, who succeeded his father Duke of Leopold in 1729, ac
quiesced in a treaty in 1735 between France and the Empire, by which
his Duchy was ceded to Stanislaus Leckzinski, ex- King of Poland, whose
daughter married Louis XV., and it was farther agreed, that at the death
of Stanislaus the Duchy should be united to France. Francis Stephen,
who married in 1730 the Archduchess Maria Theresa, and was in 1745
elected to the Imperial Crown, received the reversion of Tuscany in ex
change for Lorraine. Stanislaus was recognized Duke of Lorraine in
1737, and he governed the country with wisdom and beneficence. In
February 1766 his robe de chambre accidentally took fire, and he was so
severely burnt that he died eighteen days afterwards in the 89th year of
his age. With him ended the Dukes of Lorraine, and the Duchy has since
been incorporated with France. — E.]

1560.] OF CHURCH AND STATE IN SCOTLAND. 281
and after his death, to James V. King of Scots. She was
a lady endowed with a singular wit, and a penetrating judg
ment ; she had a mind full of humanity and compassion, and
was a great lover of justice. From the time she first came
into Scotland, she seemed to make it her business to study
the inclinations of the people, and to accommodate herself to
their manners so far as they were laudable. In her Court
she maintained a decent gravity, nor would she tolerate any
licentious practices therein. Her Maids of Honour were
always busied in commendable exercises, she herself being
an example to them in virtue, piety, and modesty. Nor
was she less conspicuous in her charity and good-will to man
kind, carefully relieving such as were in necessity, and whose
birth rendered them ashamed to beg. She shewed a great
concern for those that were sick, visiting them often in per
son, and assisting them by her skill and seasonable advice.
A great dexterity she had in government, which appeared
eminently in her wisely composing the tumults which hap
pened in the North, the Highlands, and the remotest Isles,
during her Regency, and which, by her wisdom and good
conduct, she reduced to quiet and a perfect obedience. It
was believed, that had she been left free to act according to
the dictates of her own mind, she never had had those
unhappy differences with the subjects, which brought such
havock upon the country, and at last ended in her own sor
rowful death ; for she had really once so gained upon the
people, by her sweet behaviour and complaisance towards all
ranks, that she appeared able to have accomplished every
reasonable thing she could desire, without force ; and the
natural propensity she had to justice was so universally
known, that had not the great ones been much too great to
bear rule, as her brave and bold husband had too direly
experimented, she would undoubtedly have made all of them
submit their desires to her determination. But her misfor
tune was double ; she bare the name and office of Regent
not without much envy, though her exemplary virtues, no
less then her eminent birth and high station as Queen
Dowager, rendered her most worthy of both ; and she was
obliged to act in her administration, not according to her
own native goodness and propensity, nay not even with a
regard to her own wise conduct and prudent foresight, but

282 THE HISTORY OF THE AFFAIRS [1560.
merely as the Council of France, and their ministers resid
ing with her, should advise and direct.1 — [Neither, indeed,
even by these did she ever ordain any thing cruel, harsh, or
unnatural ; what blood was shed during her administration
having been rather forced by the innovators of the times, and
1 [At this part of Bishop Keith's " History," in which he delineates the
character of the Queen-Regent, it was accidentally discovered that he had
cancelled pages 129 and 130 of his original edition, for the purpose of in
troducing some very important alterations. The text now printed is from
the cancel, as it was considered expedient to lay before the reader our
Historian's own emendations. In the ordinary copy, after the words
" advise and direct," the narrative proceeds — " Often was this Queen
heard to say," &c. The passages in the text, marked by brackets, thus [ ],
are contained in the cancel. Bishop Keith farther inserts the quotation
from Holinshed as a note in the cancel, but in the other copy it is part of
the text, followed by the following quotation — " And Mr Camden says —
' She was a pious and wise princess, who had suffered the most bitter re
proaches from some virulent and furious preachers, as may be seen in
their own Church History, called in by Queen Elizabeth when it was just
going to the press, as likewise from the hands of the Congregation, who,
as native counsellors of the kingdom, had in the name of the Queen of
Scots and of her husband, by their own authority, excluded her from the
Regency, as one that opposed the glory of God and the liberty of the
Scots." In this passage from Camden, Bishop Keith inserts his reference
to the long note about John Knox, after the words " virulent and furious
preachers," which is subsequently printed, with this difference, that in
stead of the introductory lines given from the cancel in the present reprint,
" As Mr Knox had been a virulent enemy of this Queen in her life-time,
he paid the same pitiful office to her after her death ;" the Bishop origi
nally wrote — " Of these [the virulent and furious preachers} the principal
was Mr Knox, who has all along treated this Queen in a set of language
peculiar indeed to himself, and too much below either a gentleman or a
divine to utter. Speaking of her burial, he saith," &c. Another note was
inserted in the quotation from Camden, at the words " Church History,"
which Bishop Keith thought proper to suppress in his cancel, and the
space of which is obviously occupied by the passages in the text distin
guished by brackets, to which the attention of the reader is directed.
The obliterated note is as follows : — " By this he [Camden] means Mr
Knox's History, an edition whereof was printed at London, but at what
precise time has not as yet fully appeared. Mr Camden says here,
that this book was called in by Queen Elizabeth when it was going to the
press. He should rather have said, when it was just going to be pub
lished, since of this English edition in a small octavo, there are some
few copies to be met with at this day, but every one of them is im
perfect. The author of the Life of Mr Knox, prefixed to the late edition
of his History at Edinburgh 1732, gives a passage from Calderwood's MS.
to ascertain the time when this octavo edition was printed at London, in
the following words — " February 1586, Vaultrollier the printer took with
him a copy of Mr Knox's History to England, and printed twelve hundred
of them; the stationers at the Archbishop's command seized them the

1560.J OF CHURCH AND STATE IN SCOTLAND. 283
the stubborness of the Reformers, than by any stretch or
alteration attempted, or so much as aimed at by her. As
for the purging the Church of its errors and superstition,
much might have been done with her had wise measures
been taken. But that which most exasperated her, and in
deed the French Court itself, was the calling in of and com
bining with the English, in opposition to their native Sove
reign, and in effect renouncing the ancient league with their
old friends the French, and entering into a new one with
their old and hitherto inveterate enemies the English. Nor
was the presumptive view of the House of Hamilton to the
Crown, and the more impudent, though more latent practices
of the Lord James for obtaining the same, distant causes ;
but rather the very sources of allthose troubles which broke
forth in the latter end of this Queen's administration, and
ended not only in her own ruin, but in that of her most in
jured daughter long after she was gone ; and as no man of
religious and loyal principles will or can justify the Congre-
gationers in many of their actions, neither did she herself
justify her own administration as directed by her French
superintendants. Wisdom had set up her tents with neither
party ; both were haughty, both were incensed ; and desola
tion followed thereupon]. — Often was this Queen heard to
say — If her own counsel might take place, she doubted not of
being able to compose all the dissentions within the Realm,
and to settle the same upon good and equal conditions, into
18th of February. It was thought that he would get leave to proceed
again, because the Council perceived that it would bring the Queen of
Scots in detestation." This seems to be the best account of the date when
these books were seized, but the expectation of obtaining leave to proceed
again seems to have failed. True, indeed, the ground of the expectation
seems to be plausible enough, seeing Mr Knox has laid himself out as it
were to bring the Queen of Scots his Sovereign into detestation, but it
seems likewise that the Council of England stood no longer in need of Mr
Knox's detracting pen. They had gained their point before that time, and
now they saw well that such language and representations as that book
contained, was not fit to be allowed a free passage into the world. That
wise Council acted herein somewhat like those who fawn on a traitor while
his treachery may be serviceable to them, but when that season is over,
they despise both the traitor and the treachery. It may be observed that
the deepest favourers of Mr Knox appear willing to let this first octavo
edition of his History slip away unregarded; perhaps because there are
several expressions in it which at this time of day they are loth to jus
tify, and as loth to condemn." — E.]

284 THE HISTORY OF THE AFFAIRS [1560.
a perfect tranquillity and lasting peace. In fine, her death
was not only much lamented by all of her own party, but
even bewailed by many of those who were in arms against
her; and I hope the concurring testimony of the three
above mentioned historians, joined to that of some impartial
foreigners,1 will sufficiently guard the minds of all unpre
judiced readers against the malign influences of Mr Knox's
virulent pen, in his History of the Reformation, and in a
language peculiar to himself, much unbecoming a tolerable
subject, which indeed he never could be in any country
wherever he was, more a gentleman, but most of all a divine.
He treats that Lady in such terms, as must of themselves
disarm those who peruse his book of any faith in his words ;
when at the same time they must be blind not to see his
own nature in the venom of his expressions.2 The Queen's
body was put into a coffin of lead, and carried over into
France in the month of October following, and buried in
1 Mr Holinshed, an English historian, writes — " That she was a wise and
prudent Princess: that during the time of her Regency she kept good just
ice, and was well obeyed in all parts of the Realm : that tihough the Estates
and people of the land did grudge under her government, (by reason of her
following the advice of strangers), yet it was not for any misliking they
had of her, who surely deceased to the great grief and lamentation of the
whole number of the Estates and people of the Realm." Mr Camden
says also that she was a " pious and wise Princess."
2 As Mr Knox had been a virulent enemy of this Queen in her limetime, he
paid the same pitiful office to her after her death ; for, speaking of her burial,
he saith — " If all things should be rightly weighed, we shall perceive God's
just judgments, how secret that ever they be. Before, we heard the bar
barous inhumanity that was used at Leith by the French, who exposed the
naked carcasses of the slain as it were in a spectacle, despiting God. We
have heard that the Queen-Regent rejoiced at the sight ; but her j oy was sud
denly turned into sorrow, as we have heard. The question was moved of
her burial. The preachers boldly gainstood that any superstitious rites
should be used within that realm which God of his mercy had begun to
purge; and so conclusion was taken, that her burial should be deferred till
farther advisement, and so was she clapped in a coffin of lead, and kept
in the Castle from the 9th [10th] of June until the 19th of October, when
she by pynours was carried to a ship, and so carried to France. What
pomp was used there, we neither hear nor yet regard ; but in it we see
that she that delighted that others lay without burial, gat it neither so soon
as she herself, if she had been of the Counsel in her life, would have re
quired it, neither yet so honourable in this Realm as sometimes she looked
for. It may perchance be a pronosticon, that the Guisian blood cannot
have long rest within this Realm." There is added in the later editions —
" As men do, so they receive." Strange ! how unbecoming and how mean
is this from the great Mr Knox ! I will ask pardon to insert here the

1559.] OF CHURCH AND STATE IN SCOTLAND. 285
the Benedictine Monastery of St Peter at Rheims, in Cham
pagne, where her own sister Rende was then Abbess.
ground of this reflection of his, which he intends as an accomplishment of
a prophecy emitted by him. He tells us — That a little before the Queen's
death, she having espied, from the Castle of Edinburgh, the dead bodies
of the slain, which the garrison of Leith had laid over their walls after a
skirmish with the besiegers, should have said — " Yonder are the fairest
tapestrie that ever I saw: I would that the whole fields that is betwixt
this place and yon were strowed with the same stuff." " Against which, he
says, John Knox spake openly in pulpit, and boldly affirmed — That God
should revenge that contumelie done to his image, not only in the furious
and godless soldiers, but even in such as rejoiced thereat. And the very
experience declared that he was not deceived ; for within few days
after, yea, some say that same day, began her belly and lothsome legs
( 0 shameful and indecent expression/) to swell, and so continued till that
God did execute his judgment upon her, as after we shall hear." He
should have remembred that the judgments of God are a great depth.
" Shortly thereafter she finished her unhappy life, unhappy we say to
Scotland, from the first day she entered into it, unto the day that she
departed this life. God, for his mercie's sake, rid us of the rest of the
Guisian blood ! Amen. For of the tyranny of the Guisian blood, in her
that for our unthankfulness now reigneth above us, we have had sufficient
experience; but of any virtue that ever was espied in King James V.,
whose daughter she is called, to this hour we have never seen any
sparkle to appear." What enthusiasm, venom, imprecations, and false
hood ! Bad qualities in a Reformer ! Much room left here for the refor
mation at home. Tjhe blessed Apostles converted the world by a better
spirit. — [The delineation of the character of the Queen-Regent by Bishop
Keith is in accordance with undoubted historical fact. This Princess was
compelled by sickness to retire to Edinburgh Castle, where she died in
peaceful resignation on the 10th of June. The unfeeling observation
respecting the slain at the siege of Leith, which Knox ascribes to her, is
a gross fabrication. The Queen-Regent must have had keener powers
of vision than those of any human being, if she could recognize a range of
dead bodies on the then ramparts of Leith from Edinburgh Castle. " Pos
sessed, according to the testimony of writers whose opposite principles
render their evidence unsuspected," says Mr Tytler, " of a sound and
clear intellect, a kind heart, and a generous and forgiving temper, she
had gained the affections of the people and the confidence of the Nobility,
by the wisdom, liberality, and prudence with which she conducted the
affairs of the country during the first years of her regency. These were
eminently popular and successful, nor did the tide turn against her
till, surrounded by the perils and difficulties of the Reformation, she
was compelled to adopt the violent principles of the House of Guise,
and to forsake the system of conciliation which she at first adopted.
It is sad to find that intolerance and persecution pursued her even after
death." (History of Scotland, vol. ii. edit, of 1842, p. 164, 165.) Such was
one of the results of the " Reformation." The beautiful, high-minded,
and virtuous widow of James V., the mother of Queen Mary, was actually
denied the rites of Christian burial by John Knox and his associates ! ! — E.]

286 THE HISTORY OF THE AFFAIRS [1560,

CHAPTER XII.
CONTAINING AN ACCOUNT OF PUBLICK AFFAIRS, FROM THE DEATH
OF THE QUEEN-REGENT 10TH OF JUNE 1560, TILL THE ES
TABLISHMENT OF THE REFORMED DOCTRINES BY THE ESTATES
OF THE KINGDOM IN THE MONTH OF AUGUST THEREAFTER.
Six days after the death of the Queen-Regent, the Commis
sioners-Plenipotentiaries both from France and England
arrived in Scotland, in order to compose the differences that
had fallen out in this kingdom. For the King of France,
finding that he was not in a condition to continue and carry
on the war here against the power of England, nor able
even to extricate himself out of it with honour by force of
arms, thought fit to enter into a reconciliation of differences
arisen with the Queen qf England, by assembling of men on
the Borders (so it is worded in the Commission), by which
method he reckoned that he would both gain the end he aimed
at, which was peace, and save his own, and his wife the
Queen of Scots her dignity, from stooping so low as to enter
into treaty with their own rebellious subjects. Accordingly,
on the 2d of May 1560, a commission is granted by Francis
and Mary, King and Queen of France and Scotland, at
Chenonceau, to John Monluc, Bishop of Valence, Nicolas
Pelue, Bishop of Amiens, Jacques de la Brosse, Henry
Clentin Sieur d'Oysel, and Charles de la Rochefaucault,
Sieur de Randan,1 to meet on the Borders of Scotland,
or where they shall appoint, in concert with the Com
missioners of the Queen of England, viz. Sir William Cecil,
the Secretary, Nicolas Wotton, Dean of Canterbury and
York, Henry Percy, and Peter Craw, whose commission
bears date the 25th of May the same year. It is acknow
ledged by Mr Buchanan, that both Scots and English were
as desirous of peace as the French. But because the sub
sequent treaty has been variously, and yet not distinctly
1 [The Sieur de Randan had been the bearer of a letter from his master
the French King to Queen Elizabeth, and in his passage through England
he was admitted to an interview with that Princess. Tytler's History of
Scotland, vol. vi. p. 167.— E.]

1560.] OF CHURCH AND STATE IN SCOTLAND. 287
presented by him nor our other historians ; some of them
blending the treaty with the Queen of England, and the
concessions granted to the subjects of Scotland into one
single instrument ; others again, narrating the first only,
and entirely omitting the last, or, e contra ; I shall lay
here the several parts and portions both of the one
and the other before my readers, from uncontrovertible
authorities. " ARTICLES1 AGREED BETWEEN THE COMMISSIONERS OF THE
QUEEN OF ENGLAND AND THOSE OF THE KING AND QUEEN
OF FRANCE AND SCOTLAND, AT BERWICK, THE 14TH DAY
OF JUNE 1560.2
1. " The saids Commissioners have agreed, That the town
of Edinburgh shall be the place of treaty.
2. " It is agreed that on Monday next (the 17th of the
month) the saids Commissioners shall convene all together
in the said place, and begin the treaty, which shall endure
no longer than until Saturday thereafter inclusive, unless
the saids Commissioners shall prorogate the same for some
just cause.
3. " On the said Monday, the Commissioners shall agree
upon the method and form of fa mutual abstinence or ces
sation of arms3 during the time of the treaty.
4. " The French Commissioners and their retinue included
in their letters of safe-conduct, shall be obliged to enter the
limits of Scotland in company with the Commissioners of
England, and none of them must carry along with them
more money than shall appear to be justly necessary for
their ordinary expences. Neither shall it be lawful for them
to have any conference with French or Scottish men, either
on the road to Edinburgh, or during their abode in Scotland,
in the time of the treaty, but by consent of the Commission
ers of England, or of such persons as shall be appointed by
them to look after this matter.
1 Cotton Library, Calig. Book X. a Copy ; and Lawyers' [Advocates']
Library, Edinburgh.
s One half of these Articles are in the Latin tongue, and the other in
English. 3 This abstinence served the English to good purpose. See Appendix,
Number XXIII.

288 THE HISTORY OF THE AFFAIRS [1560,
5. "No person belonging to the retinue of the Sieur de
Randan and Bishop of Valence1 shall go out of the lodgings
which shall be appointed for them at Edinburgh, without
consent of such Englishmen as shall be deputed by the
Commissioners of England to accompany them.
6. " It is agreed by the English Commissioners that the
French Commissioners, during the time of the treaty, may
confer with the Archbishop of St Andrews,2 and with one
that was Secretary3 with the Queen at her death, and the
Justice-Clerk. And if any of these three shall refuse the
same, or cannot,4 then they shall have licence to speak with
some other Scotsman, not being in any of the forts holden
by the French.
7. " It shall be assured that every of the said three per
sons of Scotland shall, after their communication with the
said Commissioners of France, return to the place from
whence they came.
8. " It shall be lawful for the said French Commissioners
to demand, and to have and retain such cyphers and writings
as were left by the Queen Dowager in the hands of the
Secretary, and likewise that Captain Chapperon5 shall come
and speak with them, and deliver to them such commissions
and writings as he carried into Scotland from France.
9. " It shall be also permitted that they may send to the
ladies and gentlewomen of France which served the Queen,
to comfort them, or that they shall come to the said Com
missioners. 10. " The said Commissioners of France do bind them
selves that they shall observe, and cause to be observed by
them and theirs, every thing in the premises appointed to
be observed by them, and any of them.
Finally. " The said Commissioners of England do bind
1 These were the only two French Commissioners who sate upon and
concluded the treaty.
2 Note, from this part, the Articles are verbatim as here, in the English
language. 3 The person is not designed.
4 By a letter from Sir William Cecil to the Queen of England, it would
seem that the Archbishop thought not himself safe to appear in publick;
so the French Commissioners went to the Castle of Edinburgh, where he
was, in order to confer with him. See Appendix, Number XXIII.
5 This gentleman had lately brought from France a letter in cyphers
to the Queen-Regent. See Appendix, No. XXII.

1560.] OF CHURCH AND STATE IN SCOTLAND. 289
themselves likewise, that they for their parts shall observe,
and cause to observe the premises, as far forth as concerneth
their parts."
" CONVENTIONES1 SUPER DEMOLITIONE VILLjE DE LYETHE,
OR THE ACCORD FOR THE DEMOLITION OP THE FORTI
FICATIONS OF LEITH.
1 . " On2 the day after the publication of the peace, six
gentlemen shall be nominated on both sides by the deputies,3
with the advice of the lieutenants4 of both parties ; that is
to say, three of the French side, and three of the English
side. Those of the French side shall repair to the Lieute
nant of England, and those of the English side to the King's
Lieutenant. And these six gentlemen shall have the charge
of seeing the following Article put in execution, viz. That
all the artillery which is in Leith shall be brought into
the market-place of the said town ; and in the instant
that one of the saids pieces of artillery shall be removed
from the ramparts of the said town, one piece shall
likewise be taken down from the English batteries, and so
forward, one piece shall be removed from the town, and
another piece from the English batteries, or two pieces, if
there be more pieces upon these batteries than within the
said town ; in such manner, that when all the artillery shall
be taken from the ramparts of the town, and laid in the
market-place, and all the English artillery shall be laid in a
certain open place near to their batteries and forts, then
shall all the artillery of both parties be removed again from
the market-place, and from that other place where they
were conveniently laid for embarkation, and shall be em
barked with all possible speed, after the same manner as
was observed in taking down the respective artillery, with
out any fraud or deceit whatsoever.
2. " Next, all the colours and ensigns, as well in the town
as in the trenches and forts, shall be taken down in good

1 Rymer's Foedera Anglise.
2 This Accord is all in French.
3 i. e. The respective Ambassadors Plenipotentiaries.
4 i. e. The respective Commanders-in-Chief of the French and English
soldiers, viz. Monsieur d'Oysel and the Lord Grey. 19

290 THE HISTORY OF THE AFFAIRS [1560.
and peaceable order, after the same manner as was done by
the artillery.
3. " Then the six gentlemen shall be exchanged, and two
of the principal gentlemen of Leith shall be delivered hos
tages to the English for accomplishment of what followeth.
4. " How soon a cannon shall be discharged on both sides,
the French shall begin to demolish the bastions, curtins,
and other fortifications of the said town, and the English
army, that is, all the foot, shall retire to Musselburgh ; and
then the Lords of Scotland shall furnish as many pioneers
as they are able, for to finish the demolition of the said town,
and if those be not sufficient, the English shall supply them.
5. " The French soldiers shall embark, and after they are
embarked, the English camp shall remove directly to Ber
wick, where the soldiers shall be reviewed, have their wages
paid them, and be disbanded.
6. " After all the French soldiers shall be embarked, the
saids hostages shall be delivered up, provided that four of
the principal French gentlemen be given to the English as
hostages, to answer for the ships in which the French are
embarked, that they shall return in safety without any hin
drance or disturbance from the French, or any other let what
soever with the knowledge of the French ; and likewise for
satisfaction and payment of the fraught of the said ships,
and of the vivres which shall subsist the said Frenchmen,
or may be embezzled by them ; and these hostages shall go
to London, and there remain until the arrival of the saids
ships, and that satisfaction be made for the charges.
7. " That the French shall not desist from embarking,
nor the English from retiring, although the demolition of
the said town be not perfectly completed, provided there
be left six gentlemen on each side who shall assist in the
said demolition, until the same be perfected to the satisfac
tion of both parties.
8. " That the soldiers of either side, both horse and foot,
shall be prohibited to enter either into the camp or town,
without licence from six gentlemen appointed by both parties
for this effect ; and of this prohibition publick notice shall
be given by beat of drum in both armies.
9. " If there chance to be any sick persons, whether
gentlemen or ladies, who have a desire to pass into France

1560.] OF CHURCH AND STATE IN SCOTLAND. 291
rather by land than by sea, the same being known to be
sober and discreet persons, disposed rather to peace than
war, they shall have liberty granted them to pass through
England, provided there be not more than forty in company
together. " 10. If any difficulty shall arise in the above Articles,
the same shall be determined by us, the saids Ambassadors,
with the advice of the Lieutenants of both parties.
" In testimony of all which, we, the above-named Ambas
sadors, have signed these presents, and have caused the seals
of our arms to be affixed, this 5th day of July 1560.
" J. Monluc, E [pise] de Valence. W. Cecil.
" Randan. N. Wotton." (L. S.)
" CONVENTIONES SCOTIiE,1 OR THE TREATY OP PEACE AT
EDINBURGH.2
Art. I. and II. " (The Treaty of Cambray is confirmed,
but I omit to set down these two Articles at length).
III. " It is appointed, agreed, and concluded, that all the
military forces pertaining to either party by sea or land shall
depart out of Scotland, after the manner, and upon the terms
as shall be agreed by particular Articles signed and sealed
by the respective commissioners ; such a certain number of
French soldiers excepted, as shall be condescended upon by
the Commissioners of France and the Lords of Scotland, to
remain in the castle of Dunbar and fort of Inchkeith.
IV. " It is appointed, agreed, and concluded, that all
manner of warlike preparations in England and Ireland
against the French or Scots, and in France against the
English, Irish, or Scots, shall hereafter cease ; so that no
ship having on board any soldiers or warlike instruments,
or preparations for war, shall be allowed to pass from Eng
land or Ireland, or from any other part, into France or
Scotland, by and with the consent of Elizabeth Queen of
England ; nor from France, nor any other part, to England,
Ireland, or Scotland, by and with the consent of Francis
and Mary, King and Queen of France and Scotland.
V. " Seeing in the forementioned Treaty of Cambray it
1 Rymer's Foedera Anglise.— [Vol. xv. p. 593-597.— E.]
2 This Treaty is all in Latin.

292 THE HISTORY OF THE AFFAIRS [1560.
was agreed and concluded that the fort built at Aymouth,
in the kingdom of Scotland, should have been demolished
within three months after the date of the said treaty, razed
to the ground, and nothing ever thereafter to have been
built there. And although the same fort be in some sort
demolished, yet not so as was agreed upon ; therefore it is
now appointed, agreed, and concluded, that the said fort of
Aymouth shall be utterly demolished and razed before the
end of four days after the demolition of Leith shall begin.
And in the demolishing of the said fort, such Scottish
men as shall be deputed thereunto by the Commissioners,
shall be at freedom to make use of the labour of English
pioneers. VI. " Seeing the kingdoms of England and Ireland do
by right pertain to the Most Serene Lady and Princess
Elizabeth, upon which account it is not lawful for any
other persons to call, write, name, or entitle themselves, nor
yet to order themselves to be called, written, named, or
entitled King and Queen of England or Ireland, nor to use
or take to themselves the ensigns armorial, or arms of the
kingdom of England or Ireland : Therefore it is appointed,
agreed, and concluded, that the said Most Christian King
and Queen Mary, and both of them, shall in all times com
ing abstain from using and bearing the said title and arms
of the kingdom of England or Ireland, and shall strictly
prohibit and forbid their subjects in France and Scotland,
and the provinces thereof, from using the saids title and
arms any manner of way ; and shall likewise prohibite and
take care, so far as in them lyes, that no person quarter the
saids ensigns armorial with the arms of the kingdoms of
France or Scotland. And if there be any publick letters
or writings which carry in them the title of the kingdoms of
England or Ireland, or be sealed with the seal of the saids
kingdoms, or either of them, the same shall be renewed,
without the adjection of the title and arms of England and
Ireland ; and all letters and writings containing the said
title, or sealed with the seals of the saids arms, which shall
not be renewed within six months after the publication of
this present treaty, shall be void and of no avail. Finally,
they shall take care, so far as they can, that in the saids
kingdoms of France and Scotland, the saids arms be no where

1560.] OF CHURCH AND STATE IN SCOTLAND. 293
extant, seen, or found mixed with the arms of the saids King
or Queen Mary ; and that the said title be no where extant,
seen, or found ascribed to the saids King or Queen Mary.
;' VII. Whereas the Commissioners of the Most Serene
Queen Elizabeth did require, that the foregoing caution
and provision contained in the close of the article imme
diately preceding, should be published by open proclama
tion, and did likewise insist on a farther compensation and
reparation for the injuries which they alledged were clone to
the said Most Serene Queen Elizabeth, by the saids Most
Serene King and Queen Mary : And whereas the Commis
sioners of France, after having replied sundry things in
answer thereunto, did farther add, That they had no autho
rity to treat or conclude any thing concerning these parti
culars, and if they should wait until a return shall come
from France, not only would there arise from thence a great
loss of time, but moreover strong impediments may come in
the way of compleating the present treaty of peace and amity :
Therefore it is appointed, agreed, and concluded, that this
disceptation concerning the above demands, namely, con
cerning the publication of the foresaid caution, and concern
ing a farther reparation, shall be remitted to another meet
ing at London between the saids Commissioners of both
parties, to be assembled as quickly as conveniently may be.
And if nothing can be got concluded concerning the said
disceptation before the end of three months, to be reckoned
from the date of this present treaty, in that case the said
disceptation shall, by consent of both parties, be referred to
the arbitration of the Most Mighty Prince Philip the Catho-
lick King of Spain, to whose sentence and award both par
ties shall stand. And if the said Catholick King shall not
find it convenient for him to pronounce a final decree in
writing concerning these matters within a year after the
aforesaid three months are elapsed, excepting still if the
term shall not chance to be prolonged by consent of both
parties, whether there be no such prolongation of the time,
or the said Catholick King do not put an end to the said
disceptation within the time so prolonged ; in either of these
cases, the said Most Serene Queen Elizabeth's right of suing
for these things shall be reserved entire to her, in the same

294 THE HISTORY OF THE AFFAIRS [1560.
state and condition it was in before the commencement of
this treaty.
VIII. " Seeing it hath pleased Almighty God, in whose
hands are the hearts of Kings, so to incline the minds of the
saids Most Christian King and Queen Mary, that they have
largely manifested their clemency and benignity towards
their Nobility and people of their kingdom of Scotland,
and that reciprocally the saids Nobility and people have
willingly, and of their own accord, acknowledged, professed,
and promised all duty and obedience to the saids Most
Christian King and Queen their Sovereigns : For the better
preservation, cherishing, and continuance whereof, the saids
Most Christian King and Queen have, by their saids Commis
sioners, granted their assent to certain supplicatory petitions
presented by the saids Nobility and people to the saids King
and Queen, tending to the honour of the saids King and
Queen, to the publick benefit of the said kingdom, and to
the continuation of their obedience. And the saids Most
Christian King and Queen being desirous to have their said
benignity towards their said subjects attributed to the good
offices of the said Most Serene Queen Elizabeth, their most
dear sister and confederate, at whose intercession and re
quest the saids King and Queen have been more propense-
ly moved hereunto ; therefore it is agreed between the
foresaid Commissioners of both parties, That the saids Most
Christian King and Queen Mary shall fulfil all those things
which by their saids Commissioners they have granted to
the saids Nobility and people of Scotland, at Edinburgh the
6th day of July, in this present year 1560, provided the
saids Nobility and people of Scotland shall fulfil and observe
all those things that are contained in the saids Articles and
Conventions to be performed on their part.
IX. " In this treaty of peace and amity is comprehended,
on the part of the saids Most Serene Princes, Francis the
Most Christian King of France and Queen Mary, as like
wise on the part of the Most Serene Elizabeth Queen of
England, the Most Potent Prince Philip the Catholick King
of Spain, conformable to the force and effect of treaties sub
sisting between the saids Kings and Queens, their kingdoms,
territories, countries, and dominions.

1560.] OF CHURCH AND STATE IN SCOTLAND. 295
X. " It is appointed, agreed, and concluded, that this
present treaty, with all and several the conventions and con
tents thereof, shall be ratified and confirmed by the saids
Most Mighty and Illustrious Francis and Mary, and Eliza
beth, and each of them, within the space of sixty days after
the date of this treaty, and shall be turned by them into
letters-patents, with their Great Seals appended, and their
proper manual subscriptions adjoined ; and the saids Princes,
and each of them, shall deliver the saids confirmatory authen-
tick letters, so subscribed and sealed, to the Commissioner
or Commissioners of the other Prince, having authority to
this effect.
XL " It is appointed, agreed, and concluded, that the
saids Most Illustrious and Most Mighty Princes, Francis
and Mary, and Elizabeth, and every of them, shall, in the
presence of the Commissioner or Commissioners of the other
Prince having sufficient authority for this effect, if required
by him or them, promise on their royal word, and swear
upon God's holy Gospel, and every of them shall so swear,
That they shall truly, inviolably, and in good faith, observe
for their part all and every the articles, conventions, pro
visions and pacts comprehended in this present League and
Treaty."1 HERE FOLLOW THE TENORS OF THE COMMISSIONS.
" In faith and testimony of all which and singular the
premisses, we, the foresaids Commissioners and Ambassadors,
have caused these letters-patents, subscribed with our hands,
to be fortified and corroborated by our Seals.
" These things were done at Edinburgh, within the said
Kingdom of Scotland, the 6th day of July 1560.
" J. Monlucius, Ep. Valentinus. W. Cecil.
" J. Randan. N. Wotton."
From these Articles it appears, that nothing concerning
1 By the tenor of the commissions to the respective Plenipotentiaries,
their royal constituents had obliged themselves in good faith, and upon
their royal words, to hold firm and stable every thing that shall be con
cluded by their respective deputies within the time agreed upon, and never
to come into the contrary any manner of way. And the Queen of England,
for her part, did ratify the present Treaty in form at Windsor, the 2d of
September the same year. Foedera Anglise. — [Vol. xv. p. 597. — E.]

296 THE HISTORY OF THE AFFAIRS [1560.
the differences between our Sovereign and her subjects was
engrossed in the treaty concluded by the French and Eng
lish Ambassadors-Plenipotentiaries at this time. We have
nevertheless sufficient ground to be assured by the VIII.
Article preceding, that at the intercession of the Queen of
England, certain concessions were granted by the French
Commissioners, in name of the King of France and his
Queen, our Sovereigns, to certain petitions presented to them
by the Nobility and people of Scotland. It has been deemed
too derogatory from the majesty of sovereigns to enter
into treaty with their own subjects, and therefore this
middle way has been fallen upon, that the Nobility and
people of Scotland should offer petitions for redressing of
such things as were grievous to them. And the King and
Queen had condescended, by the friendly offices of the
Queen of England their fellow Sovereign, to concede such
things as might introduce a good harmony and understand
ing between them and their people.1
" THE CONCESSIONS GRANTED BY THE KING AND QUEEN, TO
THE NOBILITY AND PEOPLE OF SCOTLAND.2
" Although3 war be sometimes permitted for necessity,
for self-defence, and for other just and reasonable causes,
nevertheless seeing the effects thereof are afflicting and mis
chievous, it must of consequence be disagreeable and hate
ful to all those who have any thing of- the fear of God re
maining in them ; for besides that there can be no war
without a dissolution of the bond of charity, which is the
true and certain mark whereby true Christians are discern-
able from those wicked ones who bear the name only of
Christianity, humane blood is therein shed with far less re
gard than that of the brute beasts in the shambles; the
whole body of the people is cruelly treated and trampled
upon ; the ill-deserving are supported and favoured ; the

1 See Cecil's letter, 20th June 1560, in the Appendix, Number XXIV.
2 The following paper is drawn up in French. The title prefixed to
this attested copy in the Cotton Library is not written by the same hand,
but by Secretary Cecil, and is this — Accord betwixt die French Kyng and
Queen of Scots and the Nobilitie of Scotland, 3. die Julii 1560.
3 Cotton Library, Cali^j&ook 9, fol. 126.

1560.] OF CHURCH AND STATE IN SCOTLAND. 297
virtuous are oppressed, and constrained to abandon their
houses and families ; married, women are forced from their
husbands ; virgins are haled away, and made subservient to
abominable practices ; widows and orphans are left a prey
to those whose chief business it is to work mischief. These
are the effects of war : And therefore the cry of so many
poor afflicted persons cannot fail to reach unto Heaven, and
be heard by Him who cannot lie, and hath promised to re
venge the evil which is done to the desolate, whom He hath
taken under His own protection and safe-guard. All which
inconveniences and mischiefs having been maturely and
wisely considered by the King and Queen our Sovereigns,
who desire nothing more than to maintain their subjects in
peace, union, and tranquility : And being to their great
grief advertised of the troubles which have fallen out of late
in this Kingdom of Scotland, following their own good and
Christian disposition, they have given express deputation to
the Reverend Father in God, John de Monluc, Bishop and
Count of Valence, one of his Majesty's Privy Council, and
to Messire Charles de la Rochefoucault, Knight, Seigneur
de Randan, Chamberlain in Ordinary to the King, and Cap
tain of 50 gens d'armes,1 to transport themselves into Scot
land, with orders to appease the commotions of war, and
reconcile, if possible, all differences, and to notify to the
Nobility, and all their other subjects in that kingdom, their
Majesties' graiaeas-iBteBtians^ to receive them into favour,
.and to-retain j;o xemfinobraiu^^^an^^^gJEaFTTa^in^r--
veneifrom the begin^n^ofJhoje_trctubles ; which gracious
clemency the Scottish Nobility have received with all due
submission and reverence, both in name of themselves here
present, and of those that are absent ; and in testimony of
their duty have offered to render to their Majesties all that
obedience which the true, faithful, and natural subjects of
this Crown owe to their Sovereigns ; promising at the same
time to serve their Majesties so faithfully, and so to acquit
themselves of their bounden duties, that their Majesties shall
ever have occasion to treat them favourably. And in order
to remove all differences which are at present subsisting, as
well as to take out of the way the occasions that may chance
1 Capitaiue de 50 hommes d'armes des ordonnances.

298 THE HISTORY OF THE AFFAIRS [1560.
to create new ones for the time to come, they have presented
to the lords-deputies a petition, containing certain Articles
for the preservation and maintenance of their liberties, laws,
customs, and privileges, and of peace, union, and love, among
the whole subjects ; of the which Articles, such as have
appeared to be just and reasonable to the lords-deputies,
the said deputies -have granted the confirmation in name of
the King and Queen our Sovereigns, in manner after follow
ing :—
I.1 " Upon the complaint made by the Nobility and people
of this country against the number of soldiers kept up here
in time of peace, supplicating the lords-deputies of the King
and Queen to afford some remedy therein, for the relief of
the country ; the saids deputies having considered the said
request to be just and reasonable, have consented, agreed,
and appointed, in the name of the King and Queen, That
hereafter their Majesties shall not introduce into this king
dom any soldiers out of France, nor any other Nation what
soever, unless in the event of a foreign army's attempting to
invade and possess this kingdom, in which case the King
and Queen shall make provision, by and with the counsel
and advice of the three Estates of this Nation. And as for
the French soldiers that are just now in the town of Leith,
they shall be sent back into France at the same time that
the English naval and land armies, together with the Scottish
army, shall remove in such form as shall be more amply de
vised. And it is likewise agreed, that such bands of Scot
tish soldiers as are within the town of Leith shall be dis
banded. Item. That no more than sixscore French soldiers
shall be retained in the forts of Dunbar and Inchkeith, to
be divided between them two places, sixty whereof, and no
more, shall remain in the fort of Dunbar. And if the States
can fall upon any secure means whereby to retrench the ex-
pence laid out on these two places, without incurring the
danger of rendering them a prey to those that would pre
tend to make themselves masters of them, they are at free
dom to acquaint their Majesties thereof with the soonest ;

1 The original attested copy is not broken into numbers ; I have only
taken that freedom.

1560.] OF CHURCH AND STATE IN SCOTLAND. 299
but the foresaid number of sixscore French soldiers shall in
nowise be augmented, nor shall it be allowable for them to
do harm or injury to any person, nor yet to receive within
their forts any Scottish men, of what quality or degree so
ever, with intention to secure them from the magistrates of
the country, or defend them against the officers of justice ;
nor shall they take any part in any private quarrels which
may chance to fall out among the great men or other per
sons within the kingdom ; and if any complaint shall be
made against any of themselves, they shall be bound to
answer before the ordinary Judges of the land, and shall be
liable to punishment according to the laws and customs of
the country. Item. It is provided, that to prevent their
taking things upon loan, they shall receive their wages re
gularly each month ; and it shall be lawful for two Scottish
gentlemen chosen by the Council, to be present at their
musters, and to inspect the forts, lest there be more men
got into them than the stipulated number. Item. The
soldiers belonging to those two garrisons shall not take to
them any victuals without paying ready money for the same ;
at least, they shall not take them against the good-will and
consent of those to whom they belong. And the Nobility
shall be obliged to furnish them with as much as they stand
in need of, provided they have money to pay for the same.
II. " As to the petition presented to the Lords Deputies
concerning the demolition of fortifications, they have con
sented, agreed, and appointed, that the fortifications of Leith
shall be demolished. And as for Dunbar, two Commis
sioners shall be appointed by the Lords Deputies, who,
together with two Seottishmen, shall visit the place, and
consider what therein is fit to be demolished ; and such new
works as have been added to it since the beginning of these
troubles, together with such as may serve to enlarge the
fortification, and render it capable to receive soldiers, shall
all be thrown down three days after that Leith begins to be
demolished. And forasmuch as by the said demolition, and
the few soldiers that are to be left in garrison, the place
will be in danger to be surprized ; it is accorded, That
those who have presented this petition, shall each in parti
cular oblige themselves to defend it with all their force
against all those that would attempt to seize it. The same

300 THE HISTORY OF THE AFFAIRS [1560.
thing shall in like manner be agreed upon by the States,
with respect to the Wardens of the Marches. And neither
the King nor the Queen shall hereafter cause to be built any
new fortification within this kingdom, nor yet enlarge those
that are now subsisting, nor repair those that are now to be
demolished, but by the advice and consent of the States.
Neither shall they cause to be imported any artillery, ammu
nition, gunpowder, or vivres, in a greater quantity than shall
be necessary for the defence of the two forementioned forts,
and the complement of their garrisons from one half-year to
another, or at most from year to year, without the advice
and consent of the States foresaid.
III. " Touching the petition for the payment of such
debts as be owing within this kingdom by the French and
Scottish bands in the service of the King, the Lords Deputies
have agreed, that the King and Queen shall cause to be
reimbursed whatever has been given to the King's Lieuten
ant, to the captains and other officers for the subsistence
of the said bands ; and generally whatever the King's Lieu
tenant is in debt for his Majesty's service, whether the same
appear by writing, or by the confession and acknowledg
ment of the parties.
IV. " Concerning the petition relating to the assembling
of the States, the Lords Deputies have agreed, consented,
and appointed, that the States of the kingdom may assemble
in order to hold a Parliament, on the 10th day of July now
running ; and that on the said day the Parliament shall be
adjourned and continued, according to custom, from the
said 10th day of July until the 1st day of August next ;
provided that before the States shall enter upon any busi
ness, all hostilities both by English and Scottish men be at
an end, that so the votes of the meeting may be uncon
strained, and none of them overawed by soldiers, or any
other persons whatsoever. And during the interval of ad
journment, the Lords Deputies shall order a dispatch to the
King and Queen to advertise them of this concession, and
supplicate them most humbly, that they would be pleased
to agree to that which they have herein accorded. And
this Assembly shall be as valid in all respects as if it had
been called and appointed by the express commandment of
the King and Queen ; provided always, that no matter what-

1560.] OF CHURCH AND STATE IN SCOTLAND. 301
soever shall be treated of before the foresaid 1st day of
August. V. " Concerning the Article relating to peace and war,
the Lords Deputies have consented, granted, and appointed,
that neither the King nor the Queen shall order peace or
war within Scotland, but by the advice and consent of the
three Estates, conformable to the laws, ordinances, and
customs of the country, and as has formerly been done by
their predecessors, Kings of Scotland.
VI. " Touching the petition presented to the Lords De
puties relative to the political government and the affairs of
State within this kingdom, the said Lords have consented,
accorded, and agreed, that the three Estates shall make
choice of twenty-four able and sufficient persons of note of
this realm; out of which number the Queen shall select
seven, and the States five, for to serve as an ordinary Coun
cil of State during her Majesty's absence, for administration
of the government. And it shall not be allowed for any
person, of what rank soever, to meddle in any thing that
concerns the civil government, without the intervention,
authority, and consent of this Council. And the said Coun
sellors shall be obliged to convene as oft as they can con
veniently, and not under six at a time. And when any
matter of importance shall occur, they shall all be called to
consult and give their orders therein, at least, the greatest
part must be present. And when any one of the Queen's
nomination shall happen to die, their Majesties shall make
choice of another to fill his place, out of the remainder
of the twenty-four which were at first presented to them.
And in like manner, when one of the five that were nomi
nated by the States happens to decease, in that event the
other surviving four shall elect another, out of the remainder
of the twenty-four that were nominated first. Moreover,
if the States shall find it convenient to add to the num
ber of twelve two more Counsellors, in that case the King
and the Queen shall chuse one, and the States another.
And it is specially declared, that the concession of this
Article shall in nowise prejudge the King and Queen's rights
for hereafter, nor the rights of this Crown. And as for
the salaries and expences to be paid to the saids Coun-

302 THE HISTORY OF THE AFFAIRS [1560.
sellors, and the officers under them, the Lords Deputies
engage to employ their interest and good offices with the
King and Queen, to obtain these for them out of the revenues
of the crown, provided they take care to attend and wait
upon their charge.
VII. " Concerning the petition presented to the Lords
Deputies, respecting the offices of the Crown, they have
consented, agreed, and appointed, that' hereafter the King
and Queen shall not employ any stranger in the manage
ment of justice, civil or criminal, nor yet in the offices of
Chancellor, Keeper of the Seals, Treasurer, Comptroller,
and such like offices, but shall employ therein the native
subjects of the kingdom. Item, That their Majesties shall
not put the offices of Treasurer and Comptroller into the
hands of any clergyman, or other person who is not capable
to enjoy a State office ;x and the Treasurer and Comptroller
shall be invested with powers sufiicient for the exercise of
their respective offices ;2 but it shall not be lawful for them
to alienate or dispose of the wards of marriages, non-entries,
casualties, nor any other things which have relation to their
offices, without the advice and consent of the Council ; that
thereby the Counsellors may be assured, that every thing is
made to return to the Queen's profit. Yet the Deputies
mean not by this article to have the Queen limited and re
strained from a liberty to grant pensions and gifts where
she shall think fit.
VIII. " The Lords Deputies have agreed, that in the ensu
ing Parliament the States shall form, make, and establish an
act of oblivion, which shall be confirmed by their Majesties
the King and Queen, for sopiting and burying the memory
of all bearing of arms, and such things of that nature as
have happened since the 6th day of March 1558 ; and by
this Act all those who have any manner of way contravened
the laws of the kingdom, shall be exempted from the pains
and penalties contained therein, as if they had never offended,
1 It is in the original, qui ne soit capable de I'estat. And Mr Knox renders
it, Which are not able to exercise the said offices ; and so does an old copy
in the Lawyers' [Advocates'] Library. Which last translation is indeed
supported by the following clause.
2 Pour exercer leur estat.

1560.] OF CHURCH AND STATE IN SCOTLAND. 303
provided nevertheless, that the privilege of this Act be not
extended to those whom the Estates shall not deem worthy
thereof.1 IX. " It is agreed and concluded, that the Estates shall
be summoned to the ensuing Parliament according to cus
tom,2 and it shall be lawful for all those to be present at
that meeting who are in use to be present, without being
frightened or constrained by any person. And the Estates
shall oblige themselves, that in case there happen any sedi
tion or gathering together of armed force without the orders
of the Council, consisting of the forementioned number, the
whole country shall look upon the authors and assisters
thereof as rebels, and as such shall pursue them, in order
to have them punished according to the laws of the king
dom, that so neither the King nor the Queen may be at any
trouble in sending foreign soldiers hither, for enforcing
obedience to themselves.
X. " It is agreed and concluded, that there shall be a^
general peace and reconciliation among all the Nobility and
other subjects of Scotland, and it shall not be lawful for
those persons who have been called the Congregation, nor
for those who were not of the Congregation, to reproach
each other with any thing that has been done since the
aforesaid 6th day of March.
XL " The Lords Deputies have offered,3 agreed, and con
cluded, that neither the King nor Queen shall prosecute nor
take revenge for any thing that is now past and gone, nor
shall not allow their French subjects to prosecute nor revenge
the same, but shall forget the same as if it had never been
done ; and that the Lords and gentlemen of Scotland shall
comport themselves after the same manner for such things
as have passed between them and the Frenchmen in this
country ; moreover, if, by false reports or by other means,
their Majesties have conceived sinister thoughts of any of
1 Was not this too great a trust % Or might not the Sovereign have had
a joint privilege with the States ? But the States wanted to have them
selves and their friends only indemnified.
2 Comme il appartient, ou pourront mtervenir tons ceulx qui ont accoustume
de s'y trouver.
3 The reader will here observe an alteration in the stile of this Article.
The other Articles proceed upon a petition, whereas this is a free offer
ing by the Lords Deputies.

304 THE HISTORY OF THE AFFAIRS [1560.
their subjects, they shall forget and change the same ;
neither shall they denude or deprive any of their subjects of
their offices, benefices, or estates, which they held formerly
within this kingdom, upon account of their having had any
meddling in the things which have fallen out since the 6th
day of March foresaid, nor yet assume a pretext or colour
from any thing else, to deal so by their subjects, but esteem
and treat them in all time coming as good and obedient
subjects ; provided also, that the saids Nobles and the rest
of the subjects render unto their Majesties such an entire
obedience as is due from faithful and natural subjects to
their proper Sovereigns.
XII. " It is agreed and concluded, that it shall not be
lawful for the Nobles, nor any other persons, to convene to
gether in arms, except in such cases as are approved by the
laws and customs of the land ; nor yet to invite and bring
in foreign soldiers, nor to enterprize any thing against the
authority of the Queen, the Council, or any inferior magis
trates, under the pains of rebellion and other penalties
contained in the laws of the country. And if it happen
that any persons whatsoever should pretend that they had
occasion given them to complain of injuries, and to take up
arms, in that case it shall be free to them to present a
supplication to their Majesties, but not until they have first
communicated the same to the Council within the kingdom.
And all, in general, shall bind themselves to perform this and
all other things which belong to good and loyal subjects for
the peace and tranquility of the country, under the pains
foresaid, and to do every thing that lyes in their power for
the preservation of the kingdom and the rights of their
Sovereign. XIII. " It is agreed and concluded, that if any Bishops,
Abbots, or other ecclesiastical persons, shall make complaint
that they have received any harm either in their persons or
goods, these complaints shall be taken into consideration by
the Estates in Parliament, and such reparation shall be ap
pointed as to the saids Estates shall appear to be reasonable.
And in the meantime, it shall not be lawful for any person
to give them any disturbance in the enjoyment of their
goods, nor to do them any wrong, injury, or violence. And
\whosoever shall act in contravention to this Article shall be

1560.] OF CHURCH AND STATE IN SCOTLAND. 305
pursued by the Nobility as a disturber of the publick weal
and tranquillity.
XIV. " It is agreed and concluded, that the Nobility
shall bind and oblige themselves to observe, and to cause be
observed, all the several points and articles comprehended
in and granted by this Treaty. And if it should so happen
that any one among them, or any other person or persons,
shall contravene the same, in that case all the rest of the
Nobility and people shall become enemies to them, and
shall pursue them until they be punished according to their
deserving. XV. " And to the end the whole kingdom may perceive
that the King and Queen are willing £o retain no remem
brance of all the bypast troubles and differences, and how
desirous they are to treat in a favourable manner the Nobility
and the other subjects of this kingdom, the Lords Deputies
have agreed that the Duke of Chastelherault, the Earl of
Arran his son, and all other Scottish gentlemen, shall be
reinstated in the lands, goods, estates, and benefices which
they formerly held within the kingdom of France, and possess
and enjoy them after the same manner as they did before
the commencement of the troubles on the 6th day of March
1558, and as if those troubles had never fallen out. And
likewise it is agreed that all the capitulations made in times
past, shall be maintained and observed as well by their
Majesties as by the Nobility and people of Scotland, and in
particular that which was made and agreed at the marriage
of the King and Queen. And the Lord David,1 son to the
Duke of Chastelherault, who is now (prisoner) in the castle
of Bois de Vincennes, shall be set at liberty to return into
Scotland, or to dispose of himself at his own pleasure.
XVI. " And whereas the Lords Deputies have signified
that the King may have use for his artillery in France, it is
advised and concluded that no other artillery shall be tran
sported out of Scotland than what was sent thither since the
death of the late King Francis, and that all other pieces, but
especially those which are marked with the arms of Scot
land, shall be restored to the places from whence they were
taken ; and for the distinguishing of these several pieces of
1 [Third son of the Duke. He died without issue. — E ]
20

306 THE HISTORY OF THE AFFAIRS [1560.
artillery, four Commissioners shall be appointed before the
embarkation of the troops, viz. two Scottish and two French
gentlemen. XVII. " Whereas on the part of the Nobles and people
of Scotland there have been presented certain Articles con
cerning religion, and certain other points in which the Lords
Deputies would by no means meddle, as being of such im
portance that they judged them proper to be remitted to
the King and Queen ; therefore, the saids Nobles of Scot
land have engaged, that in the ensuing Convention of Estates
some persons of quality shall be chosen for to repair to their
Majesties, and remonstrate to them the state of their affairs,
particularly those last mentioned, and such others as could
not be decided by the Lords Deputies, and to understand their
intention and pleasure concerning what remonstrances shall
be made to them on the part of this kingdom of Scotland ;
and those gentlemen shall carry along with them to the King
and Queen the confirmation and ratification made by the
Estates of the several Articles which are presently granted
by the Lords Deputies, at which time they shall get delivered
to them the confirmation and ratification done by their
Majesties, and even sooner, if the Estates shall transmit
their own ratification before that time. In witness whereof,
the saids Lords Deputies have signed these present Articles
at Edinburgh, the 6th day of July 1560."
FOLLOWS A COPY OF THE KING AND QUEEN'S COMMISSION TO
THE DEPUTIES.
" Francis and Mary, by the grace of God, King and Queen
of France and Scotland, to all who shall see these present
letters, greeting : The thing which we have above all others
desired since the death of our most honoured lord and
father the King lately deceased, whom God absolve, has
been to preserve that peace, amity, and confederacy estab
lished in his lifetime with our neighbouring Christian Princes,
especially with our most dear and well-beloved sister and
cousin the Queen of England, by the best offices of friend
ship that lay in our power, as every one may perceive and
know, by the sincerity of our actions, and our gracious de
portment towards each of the said Princes. But whereas

1560.] OF CHURCH AND STATE IN SCOTLAND. 307
the rebellion of some of our subjects of the kingdom of
Scotland has been the occasion, that upon the frontiers of
the said kingdom, and those of England, there has been
some gathering together of soldiers from both kingdoms,
which may have interrupted in some sort our common amity :
For the re-establishment whereof, and to pacify the differ
ences which upon this occasion may have intervened, we,
having received information that our said sister is willing to
depute some persons to repair thither on her part, do hereby
publish and declare, that being desirous above all other
things to see Christendom in repose, and to continue that
peace which God hath been pleased to bestow upon us, to
his honour and the repose of his people, a thing which has
been also very dear to us : And having perfect and entire
confidence in our trusty and beloved John de Montluc,-
Bishop of Valence, and Nicolas de Pelue, Bishop of Amiens,
both members of our Privy-Council ; James de la Brosse,
Sieur de la Brosse, Knight of our Orders, and Chamberlain
in Ordinary ; Henry dentin, Sieur d'Oysel, Gentleman of
our Bedchamber, and our Lieutenant-General in the king
dom of Scotland ; and Charles de la Rochefoucault, Sieur du
Randan, a captain of fifty men of our Gens d'Armes ; and
we, being well satisfied of their good understanding, virtues,
loyalty, experience, and conduct ; for these, and other con
siderations us moving, have given commissions to them, or
any three or two of them in absence of the rest, or during
their necessary avocation elsewhere ; and by these presents
do give commission, order, and appointment to the saids
persons, or any three or two of them, to transport them
selves to the frontier of our said kingdom of Scotland, and
to meet and assemble with the Deputies of our said sister
the Queen of England, at such time, and in such place,
together with such other circumstances as depend thereupon,
and as shall be agreed upon by their common and mutual
consent, and then and there to treat concerning the renew
ing of our foresaid mutual amity, and to devise such means
as may serve to compose and make up the differences which
may have brought an alteration therein, according as they
shall perceive the same to be for the behoof of our service,
the peace and tranquillity of our kingdoms, territories, and

308 THE HISTORY OF THE AFFAIRS [1560.
subjects : And in like manner, to give assurance to our
subjects of the kingdom of Scotland, that notwithstanding
they have of late committed so grievous a crime as to forget
their duty towards us, if nevertheless they shall repent, and
return to that obedience which they owe to us, we are will
ing to receive them into favour, and to forget all that is
past, and not afterwards to make any inquiry into their
former behaviour, because we are desirous of nothing more
than to see them living under obedience to us, and in peace,
union, and tranquillity together : And generally to do in
the premisses, the circumstances and dependences thereof,
all and sundry things which we ourselves would or could
do if we were personally present, even although something
should fall out which might appear to require a more special
instruction1 than is contained in these presents. By which
likewise, we promise in good faith, and in the word of a
King and Queen, to hold agreeable, firm, and stable, all and
every thing that shall be agreed, done, and concluded by
our foresaid Deputies, or any three or two in absence of the
rest ; and to maintain, keep, observe, approve, and ratify
the same, within the time, and after the manner, as they
shall agree to ; and that we shall never act in the contrary
thereof any manner of way, for such is our will and pleasure.
In witness whereof we have signed these presents with our
proper hands, and have caused our seal to be appended.
Given at Remorentin the 2d day of June, in the year of
grace 1560, and of our Reigns the first and sixteeenth.2
Signed " Francis. Mary."
And in the folding — " By the King and Queen. De
l'Aubespine." Sealed with yellow wax. Signed thus—" Monluc, E? de
Valence. Randan."
" And we subscribers in our own names, and in the
names of the rest of the Nobility of Scotland, do promise
and shall bind ourselves to the within contents."
1 Jacoyt qu'U y eust chose qui request mandement plus special qu'il West con-
term en ces presents.
2 This is an error ; for the Queen was now in the eighteenth year of
her age and reign. 3 [Episcopus, or Bishop. — E.]

1560.] OF CHURCH AND STATE IN SCOTLAND. 309
Then follows in English — " This is the trew Copy of the
Originall conferred and colationed.
" James Stewart. Ruthven. W. Maitland."1
By the above Accord, the readers will easily observe that
the subjects of Scotland had procured every thing relating
to their own security, to be ingrossed in the strongest terms.
If the same care has been taken to bind them to their obli
gations, I shall leave to the judgment of others. Two days
after the close was put to the Treaty, viz. on the 8th day of
July, the Articles were publickly proclaimed at Edinburgh2 ;
and on the 16th of the same month, the French army put
to sea in English bottoms, and the English army departed
towards Berwick, having taken care, as they went along,
that the fort lately begun to be built before the Castle of
Dunbar should de demolished. Most part of our Scottish
Nobility who were of that interest gave them the convoy
for some miles ; but the Prior of St Andrews carried the
compliment farther, and accompanied them to Berwick, in
acknowledgment of the good services they had done his
country. On the third day after their departure, at the ex
hortation of the preachers, a solemn thanksgiving3 to God
was kept in the High church of Edinburgh, for the mercies
which he had lately bestowed upon them ; and soon after,
by the same advice, the preachers were distributed among
the principal burghs of the kingdom. John Knox was ap
pointed to serve at Edinburgh, Christopher Goodman4 at
1 These three signatures are in the proper hand-writing of the subscrib
ers, the first of whom is the Earl of Moray. — Note, On the back of this
paper is again written by Secretary Cecil what follows, viz. — 3. Julii 1560,
Articles of Accord inter Regem et Reginam Francie et Scotie, ac Nob. etpopulum
Scotice. 2 The preamble of the Proclamation the readers may see set down by
Mr Knox. — [History of the Reformation of Religion in Scotland. Edin.
folio edition, 1732, p. 234.— E.]
3 The form of this thanksgiving may likewise be seen in Mr Knox. —
[History, folio, 1732, p. 235, 236.— E.]
4 This Goodman, or Gudman, was an Englishman, formerly a publick
reader of Divinity at Oxford, one of those Protestants that fled away
under the reign of Queen Mary, and that fixed their residence at Geneva ;
in which city, in the year 1558, he published a little tract against his
Sovereign under this title — " How superior powers ought to be obeyed of
their subjects, and wherein they may lawfully be disobeyed and rejected :
Wherein also is declared the cause of all this present misery in England

310 THE HISTORY OF THE AFFAIRS [1560.
St Andrews, Adam Heriot at Aberdeen, John Row at Perth,
Paul Methven at Jedburgh, William Christison at Dundee,
and the only way to remedy the same." In this book he bitterly inveighs
against those Protestants that set up Mary for their Queen — 1. Because
she was a woman. 2. Because the government of a woman the law for
bad, nature abhorred, and the word of God ever declared to be a sign of
his wrath for the sins of his people. 3. Because she was an idolatress
and a wicked woman. 4. Because she was a woman begotten in adultery.
To instigate the people further, he added, That if without fear, Princes
transgressed God's law themselves, and commanded others to do the like,
then they had lost that honour and obedience which otherwise their sub
jects did owe unto them, and ought no more to be taken for Magistrates,
but punished as private transgressors. However, it seems change of times
and persons had force likewise to change Mr Goodman's opinions, since,
after his return into England in the reign of Queen Elizabeth, he thought
fit to make the following retractation before the Lords of the Council, or
the Bishops of the Ecclesiastical Commission — " Forsomuch as the ex
tremity of the time wherein I did write my book brought forth alteration
of religion, setting up of idolatry, banishment of good men, murdering of
saints, and violation of all promises made to the godly, I was, upon con
sideration of the present grief, moved to write many things therein, which
may be, and be offensively taken, and which also I do mislike, and would
wish had not been written. And notwithstanding the which book so by
me written, I do protest and confess, that good and godly women may
lawfully govern whole realms and nations, and do from the bottom of my
heart allow the Queen's Majesty's most lawful Government, and daily
pray for the long continuance of the same. Neither did I ever mean to
affirm that any person or persons, of their own private authority, ought
or might lawfully have punished Queen Mary with death ; nor that the
people, of their own authority, may lawfully punish their Magistrates trans
gressing the Lord's precepts ; nor that ordinarily God is become Head of the
people, and giveth the sword into their hands, though they do seek the
accomplishment of the laws: Wherefore, as many of these assertions as
may be rightly collected out of my said book, them I do utterly renounce
and revoke, as none of mine, promising never to write, teach, nor preach
any such offensive doctrine ; humbly desiring that it may please your
Lordships to give me your good and favourable allowance, whereby I
shall, by God's grace, endeavour to labonr in furthering the true service
of God, and obedience to her Majesty, to the utmost of my power, during
my whole life, to the satisfaction of all good men, and to the contentation
of her Majesty and your good Lordships." Strype's Annals. Thus it will be
seen that this Christopher Goodman has been one of the same spirit with
our Mr Knox, when we come to give an account of him and his writings.
But it seems, though Goodman made this recantation, yet Queen Elizabeth
and her Council have not thought it expedient to give him encouragement
at home, which very probably hath been the occasion of his wandering
into our country. It were to be wished our men at the helm had equally
discountenanced such fire-brands. However, after a great many years,
he returned into England, but whether he was in ofiice there or no I
know not. — [See Strype's Annals, folio, 1725, vol. ii. p. 95, 96. Oxford
edit. 8vo, 1824, vol. ii. Part I. p. 140, 141, 142. Strype says that Goodman

1560.] OF CHURCH AND STATE IN SCOTLAND. 311
David Fergusson at Dunfermline, and David Lindsay at
Leith. They did likewise nominate the following persons
for Superintendants, viz. Mr John Spottiswood for the dis
trict of Lothian ; Mr John Willocks for that of Glasgow ;
Mr John Winram, Sub-Prior of St Andrews, for Fife ; John
Erskine of Dun for Angus and Mearns ; and Mr John Cars-
well for Argyll and The Isles ; under this restriction, says
Mr Knox — " Unless the several countries could in the mean
time find out men more able and sufficient, or else shew such
causes as might disable them from that dignity." And he tells
us, that all the above appointments were made by the Com
missioners of Burrows, with some of the Nobility and Barons.1
The meeting of the Parliament having been fixed to the
10th of July, Mr Knox informs us " that due advertisement
was made by the Council to all such as by law and ancient
custom had or might claim to have title therein ;" and he
observes that "the Assembly was great." Archbishop Spot
tiswood gives a general hint of the members, but I make no
doubt the readers will be the better pleased to see a com
plete list of this meeting, that the same has never hitherto
been made publick, it is as follows : —
" THE NAMES OF THE LL.2 AND BURGESSES OF THE PARLE
MENT3 HELD IN SCOTLAND IN AUGUST.4
" THE NAMES OF THE ERLLS, LORDIS, CLERGYE, AND VTHIRIS
OF THE STATES THAT WER AT THE LAST PARLAMENT.
" James Duke off Chastellerault, James Erie of Arrane,
was in Cheshire in 1584, where he was noted as a " refuser of subscription
to the Articles, and a dissuader of others thereto." Archbishop Whit-
gift sent a complaint against him to Lord Burleigh, the Lord High
Treasurer. — E.]
1 Mr Knox, in his account of the manner of electing the Superintendant
of Lothian, acquaints us, " how that the minister declared to the people,
That the Lords of Secret Council had given charge and power to the
churches of Lothian to chuse Mr John Spottiswood Superintendant." One
would think, that if this charge and power, and nomination of the parti
cular person for this dignity, was given and made at that time by the
Lords of Council, there might be little ground to complain of the same
power when lodged in a lawful King.
2 [The letters LL mean the Lords or Nobility. — E.]
3 [On the 1st of August. The list of the " persons present in this Par
liament," given by Bishop Keith, corresponds with that from the same MS.
Bibl. Cottoniana, inserted in Acta Pari. Scot. vol. ii. p. 525. — E.]
4 Cotton Library, Calig. Book 9, fol. 144. This title is Cecil's hand.

312 THE HISTORY OF THE AFFAIRS [1560.
Archybald Erie off Ergyle, Jhon Erie off Athole, Williame
Erie Marschal, David Erie Crawfurd, James Erie Mortoun,
Alexander Erie off Glencairne, Andro Erie off Rothes, Hew
Erie off Eglintoun, Gilbert Erie off Cassillis, Jhon Erie off
Sutherland, George Erie off Caithness, Jhon Erie off Mon
teith, Jhon Archbischop Sanctandr. Comendatare off Pas-
lay, Robert Bischop off Dunkeld, William Bischop off Dum-
blane, James Bischop off Ergyl, Alexander Archibischop off
Athenis, Elect of Galloway and Commendatare off Inch-
effray, Jhon Elect off the His, Commendatare off Ycolmkyl
and Archattane.1
" George Lord Gordoun, Jhon Lord Erskyn, Patrik Lord
Ruthven, Alexander Lord Home, Jhon Lord Lyndesay off
the Byris, Williame Lord Hay off Zestir, James Lord
Somervile, Williame Lord Levingstoun, Andro Lord Stew
art off Ouchiltre, Alexander Lord Saltoun, Robert Lord
Boyd, Robert Lord Elphinstoun, Jhon Lord Innermeith,
Patrik Lord Gray, James Lord Ogylvie, Jhon Lord Glamis,
Jhon Lord Borthuik, Allane Lord Cathcart, James Lord
Sanct Johnis.2
1 [Most of the above personages are repeatedly mentioned by our His
torian, such as the Duke of Chatelherault and his illegitimate brother,
Archbishop Hamilton of St Andrews. The others were James third
Earl of Arran, eldest son of the Duke, and uncle of the first Marquis of
Hamilton, who succeeded him ; Archibald fifth Earl of Argyll ; John
fourth Earl of Atholl; William fourth Earl Marischal; David ninth Earl
of Crawford, who married the daughter of Cardinal Beaton; James fourth
Earl of Morton, afterwards the celebrated Regent ; Alexander fifth Earl
of Glencairn; Andrew fourth Earl of Rothes; Hugh third Earl of Eglinton;
Gilbert fourth Earl of Cassillis ; John tenth Earl of Sutherland ; George
fourth Earl of Caithness, of the Sinclair Family ; John, called William
in the Peerage, fifth Earl of Menteith, though his son John sixth Earl,
served heir to his father in 1587, may be here indicated ; Robert Crich
ton, Bishop of Dunkeld ; William Chisholm, Bishop of Dunblane, uncle
of his coadjutor in that Diocese, also called William Chisholm ; James
Hamilton, brother of Archbishop Hamilton of St Andrews, nominated to
the See of Argyll in 1558, but never consecrated ; Alexander Gordon,
Titular Archbishop of Athens, and Bishop of Galloway; John Campbell,
nominated Bishop of The Isles in 1558, but also never consecrated. — E.]
2 [The personages in this part of the Roll were — George Lord Gordon,
afterwards fifth Earl of Huntly ; John fifth Lord Erskine, but properly
sixth Earl of Marr, of the name of Erskine ; Patrick third Lord Ruthven,
father of the first Earl of Gowrie ; Alexander fifth Lord Home, father of
the first Earl of Home ; John fifth Lord Lindsay of the Byres, ancestor of
the Earls of Crawford and Lindsay ; William fifth Lord Hay of Yester,
ancestor of the Earls and Marquises of Tweeddale ; James sixth Lord

1560.] OF CHURCH AND STATE IN SCOTLAND. 313
" James Commendatare off the Priorie off Sanctandros
and Pettinweme, Jhon Commendatare off Abirbrothok,
Robert Commendatare off Halyrud-hows, Jhon Commenda
tare off Coldinghame, Jhon Abbot off Lundoris, Donald
Abbot off Couper, Andro Commendatare off Jedburgh and
Restennot, Marke Commendatare off Newbottle, Adam Com
mendatare off Dundrannen, Jhon Abbot off Newabbay,
 Commendatare off Dryburgh and Inchmahome,
 Postulat off Oambuskynneth, James Commendatare
off Sanct Colmis Inche, William Commendatare off Culross,
Walter Abbot off Kinloss, Gawine Commendatare off Kil-
wynnyng, Nichol Abbot off Feme, Robert Commendatare
off Deir, Jhon Priour off Portmoak, Robert Commendatare
off Sanct Marie Isle, Robert Minister1 of Faulfurde.2
Somerville ; William sixth Lord Livingstone, father of the first Earl of
Linlithgow ; Andrew second Lord Stewart of Ochiltree, whose younger
daughter became the second wife of John Knox, by whom she had three
daughters ; Alexander sixth Lord Saltoun, or properly Lord Abernethy
of Saltoun ; Robert fourth Lord Boyd, ancestor of the Earls of Kilmar
nock ; Robert fourth Lord Elphinstone ; John fourth Lord Innermeath,
of the Family of Stewart, Earls of Atholl ; Patrick who was designated
the fifth Lord Gray, and was father of the sixth Lord ; James sixth Lord
Ogilvie of Airlie, ancestor of the Earls of Airlie ; John eighth Lord
Glammis, father of the first Earl of Kinghorn, and ancestor of the Earls
of Strathmore and Kinghorn, also the correspondent of Beza on ecclesi
astical polity ; John fifth Lord Borthwick ; Allan fourth Lord Cathcart,
ancestor of the Earls Cathcart in the Peerage of Great Britain. And
James Lord St John, was Sir James Sandilands of Calder, styled Lord
St John of Jerusalem, as Preceptor of that Order in Scotland, created
Lord Torphichen in 1563.— E.J
1 The same with Provost or Preceptor, or such term that denotes the
head of a certain religious fraternity. He was what they then called a
mitred Prelate, and had the privilege of sitting in Parliament.
2 [Of the " Commendators" enumerated, it is more difficult to give an
account. James, the first mentioned as Commendator of the Priory of St
Andrews and of the Priory of Pittenweem, was afterwards the celebrated
Regent Moray. The Commendator of Aberbrothwick, or Arbroath, was
Lord John Hamilton, the second son of the Duke of Chatelherault, and
created Marquis of Hamilton at Holyroodhouse in 1559. He of Holyrood
at Edinburgh was Robert Stuart, afterwards Titular Bishop of Caithness
and Earl of Orkney, by Euphemia, second daughter of Alexander first
Lord Elphinstone. The Prior or Commendator of Coldingham was John
Stuart, afterwards, by marrying the heiress, Earl of Bothwell, also an
illegitimate son of James V., by Elizabeth, daughter of Sir John Car
michael, whose otherchildbytheKingmarriedtheEarlof Argyll. The Com
mendator of Lindores was probably Patrick Leslie, second son of Andrew
fourth Earl of Rothes, who was the ancestor of the Lords Lindores and

314 THE HISTORY OF THE AFFAIRS 1560.]
"The Commissaries of Burrois, viz. Edinburgh, Striveling,
Perth, Abirdene, Dunde, Air, Irwein, Hadingtown, Lyn-
lythgow, Glasgow, Peblis, Jedburgh, Selkirk, Coupar, Kin-
gorne, Banff, Forfar, Invernes, Montross, Kirkcudbricht,
Wigtoun, Innerkething.
" Williame Maister Merscheal; John Maister off Maxwell
off Terriglis, Knycht ; Patrik Maister Lindesay, Henry
Maister Sinclare, Williame Maister off Glencarne, Hew
Maister Somervile, James Dowglas off Drumlangrig, Knycht,
John Gordoun off Lochinver, Alexander Stuart off Garleiss,
John Wallace off Cragye, Williame Cuninghame off Cun-
inghameheid, John Cuninghame off Caprintoun, John Mure
off Rowallane, Patrik Howstoun off that Ilk, George Buqu-
hannane of that Ilk, Robert Menteith off Kerss, James
Striviling off Keir, William Murray off Tullibardin, Andro
Murray off Balwarde, John Wiseheart off Pitarro, Williame
Douglas of Lochlevin, Colin Campbel off Glenurquhard,
Williame Sinclare off Rosling, John Creichtoun off Strath-
hurde, Alexander Irwein off Drum,  Allerdes off that
Ilk, Alexander Fraser off Philorth, Williame Innes off that
Ilk,  Sutherland off Duffus, John Grant of Freuchy,
Robert Monro off Fowlis, George Ogylvie off Dunlugus,
David Ogylvie off that Ilk, John Ogylvie off Innerquharite,
 Ogylvie off Cloway,  Ouchterlony off Kelly,
John Straithauchin (Strachan) off Thorntoun, Andro Straton
off Lawrestoun, John Creichtoun off Ruthvennis, Thomas
Blair off Baltheok, — — ¦ — Ogylvie off Inchemertyn, Thomas
Mawle off Panmure, Archibald Douglas off Glenbarvy,
Thomas Fottringhame off Po wry, Robert Grahame off Morphy,
Robert Stewart off Rossyth, Walter Lundy of that Ilk,
 Myretoun off Cammo, Arthure Forbes off Reres,
Andro Wod off Largo, John Kynneir off that Ilk — (the

Newark, and who married Lady Jane Stuart, second daughter of Robert
Stuart, illegitimate son of James V. previously mentioned ; Donald, Abbot
of Coupar- Angus, was the fourth son of Archibald Earl of Argyll, and
was elected Bishop of Brechin in 1558, but was never consecrated. He
died in 1562, in the office of Lord Privy Seal to Queen Mary. Of the
others, the Commendators of Jedburgh and Newbattle were connected
with the Noble Family of Kerr, Marquises of Lothian. The Prior of
Portmoak was John Winram, Sub-Prior of St Andrews, and one of the
newly constituted " Superintendents." — E.]

1560.] OF CHURCH AND STATE IN SCOTLAND. 315
MS. adds here, Robert Logan off Restalrig, George Didd 1
off that Ilk), John Edmestone off that Ilk, zounger, Gilbert
Wauchop off Niddrie-Mercheal, George Home off Spot,
 Hamiltoun of Innerweik, David Home off Wedder-
burne,  Nisbet of that Ilk, John Swintoun of that
Ilk, William Hamiltoun off Sanchar, George Crawfurde off
Leffures, James Cockburne off Scraling,  Twedy off
Drumelzear, Hew Wallace off Camel, Robert Lyndesay off
Dunrod, Robert Maxwel off Calderwood, Patrik Lermonth
of Dersy — (MS. adds here, George Lermonth off Balcomy),2
John Carmichael off that Ilk, Jhon Carmichael off Medow-
flat, George Haliburton off Petcur, James Haring off Glas-
clune,  Stewart off Grantuly, John Stewart off Arn-
tully, James Meinzeis off that Ilk, Jhon Forrel off that Ilk,
Maister Alexander Levingstoun off Donipace, Jhon Creich-
ton Tutor of Sanchar, Jhon Cuninghame off Drumquhassill,
David Hamiltoun off Fingaltoun, Henry Wardlaw off Torry,
 Ramsay off Banff, James Heriot off Trabron, Walter
Ker off Cesfurde, John Ker off Pharnihurst, Jhon Jhon-
stoun of that Ilk, Williame Dowglas off Quhittinghame,
Neil Montgomery off Langschaw, Patrik Montgomery off
Giffine,  Montgomery of Hesil-heid, Williame Cran-
stoun of that Ilk, Thomas Macdowal off Makcarston, Jhon
Home off Coldingknowis, Patrik Hepburne off Wauchtoun,
James Forestar off Corstorphin, Jhon Sandelandis off Calder,
Williame Lauder of Haltoun, Jhon Cockburne off Orme-
stoun, George Brown off Colstoun, James Sandelandis off
Cruvy,  Baillie off Lamyngtoun, Sir James Hamiltoun
off Crawfurde, Jhon Knyght,  Arbuthnot off that Ilk.
" With mony vtheris baronis, fre haldaris, and landit
men, but (i. e. without) all armour."
Here is indeed a very large catalogue of members, and
the genuineness of it is supported by a manuscript at home,
which I shall have occasion, in a very short space, to men
tion. It is true, the Accord allows (Number IX.) " That
it shall be lawful for all those to be present in the Parlia-
1 [George Dundas of that Ilk, viz. of Dundas, near Queensferry, in
Linlithgowshire. Acta Pari. Scot, folio, vol. ii. p. 526. — E.]
2 [The MS. referred to is correct. The name of Learmonth of Bal-
- comie is in the List. Acta Pari. Scot. vol. ii. p. 526.— E.]

316 THE HISTORY OF THE AFFAIRS [1560.
ment, who are in use to be present." That the lesser
Barons had a privilege to sit in Parliament, and that they
were afterwards restricted to one or two elected in a county,
and that last of all, none of them sate in Parliament but by
a special writ, is a matter of no dispute ; but that any
remarkable number of them were in use to repair to the
Parliaments (the reign of King James III. excepted) I
appeal to the several rolls preceding this juncture.1 The
first registered rolls or list of members in Parliament, to be
met with, is in the year 1467, under the reign of James III.2;
and in these and other succeeding rolls in that reign (for
every Parliament has not registered rolls), there are always
some of the lesser Barons present, but as I could observe,
never so many as thirty, and oft times not near that number.
In the first Parliaments of King James IV. there are still
some of the lesser Barons, twelve at highest, but afterwards
no members of that rank are at all to be seen in the rolls,
though after that period the rolls are carefully put in the
Record. In the reign of King James V. next to none of
the lesser Barons are seen, two or three only, once or twice ;
and during the preceding part of the reign of Queen Mary,
as few of that rank, until the time we are now treating of.
1 [" The first great change made on the constitution of Parliament was
in 1457, three years after the return of James I. from captivity, when an
Act was passed (Acta Pari. Scot, folio, vol. ii. p. 15) relieving the lesser
barons and freeholders of the burden of attending in Parliament, on con
dition of their sending only one or two wise men from each shire, accord
ing to its size, except the two shires of Clackmannan and Kinross, which
being very small, were only to send each of them one commissioner.
About the same period the King appears to have commenced to exercise
the power of creating Lords of Parliament, who had a right to sit inde
pendently of any other title. See Wight's Inquiry, p. 55; but Mr Wallace,
in his " Thoughts on the Origin of Feudal Tenures and Descent of Ancient
Peerages in Scotland," assigns the year 1587 as the time when the practice
of creating Lords of Parliament commenced. Neither the Acts of 1427
or 1587 prescribed the maximum number of commissioners that might be
sent from counties, with the exception of Clackmannan and Kinross ; but
as the other proprietors of lands had to bear the expence of their commis
sioners, it is believed that none of the counties sent more than two com
missioners." Abridgement of the Acts of the Parliament of Scotland, by
William Alexander, W. S. Edinburgh, 8vo, 1841. Introduction, p. ix.
.v. xi.— E.]
2 [This was the Parliament held at Stirling on the 12th of January
1467 ; but though no lists are preserved of those who attended previous
Parliaments, the names of individuals often occur in the Acts. — E.]

1560.] OF CHURCH AND STATE IN SCOTLAND. 317
So that here is a space of no less than seventy-seven years,
in which scarcely had one of the inferior gentry appeared
in Parliament. And therefore I know not but it may be
deemed somewhat unusual for a hundred of them to jump
all at once into the Parliament, especially in such a juncture
as the present was ; and that to the King and Queen such
an unprecedented gathering of the lieges together, contrary
to all use and wont, as well as to indifferent persons, might
appear rather to be an insulting of their Majesties, than a
decent behaviour from subjects newly reconciled to their
Sovereigns. The docquet also annexed to the list in the
Cotton Library by Mr Cecil's correspondent in Scotland
(" with mony vtheris Baronis, Frehaldaris, and landit men,
but all armour"), is a plain indication that the faction have
made it their business to convene their friends and adherents
from all parts of the kingdom, in order to terrify their Sove
reigns with the sight of such a splendid appearance, and
thereby to force out of their hands a ratification of all the
Acts voted by them in that numerous assenbly ; and though
it might be true that that great convention of gentlemen
was without all armour, yet their arms and armour too might
be near enough, though not by their sides and on their bodies;
and they, together with their dependents, could trample
upon the rights of the Queen at their own will and pleasure.
During the adjournment of the Parliament, from the 10th
of July to the 1st day of August, it is provided, Number IV.,
" That the Lords Deputies shall order a dispatch to the
King and Queen, to advertise them of their having conceded
to the sitting of a Parliament, and to supplicate their Majes
ties most humbly, that they would be pleased to agree to
that which they have herein accorded." That the Plenipo
tentiaries for the King and Queen have done their part of
this stipulation, we can make no doubt, but that the King
and Queen did return a satisfactory answer to this dispatch
we have no ground to think. So far on the contrary, that
Archbishop Spottiswood tells that " in the beginning of the
Parliament (i. e. after the 1st day of August), 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
(alledging that Article of the Peace, whereby it was agreed

318 THE HISTORY OF THE AFFAIRS [1560.
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."
But that the Treaty of Accord could afford no legal ground
for continuing the Parliament, would appear evident, in
that the Plenipotentiaries for their Majesties had carefully
stipulated that the Parliament should be prorogued imme
diately after its down-sitting, for the space of three weeks,
viz. from the 10th of July to the 1st of August, on purpose
that, in the mean time, the King and Queen might be adver
tised of the Pacification, and might confirm and ratify the
same, that part especially which respected the holding of a
Parliament, if the stipulations therein contained were found
to be agreeable to their Majesties. But so it is, their
Majesties never did ratify the Pacification in form, and
therefore the Parliament, upon the bare foundation of the
Pacification, could not, in law, be kept. However, as it
always falls out in things of this nature, a vote was de
manded ; and by a majority of voices, the meeting was con
cluded to be lawful. It is nevertheless very observable, that
notwithstanding this majority of voices, the royal ensigns
of the kingdom, viz. the Crown, Sword, and Sceptre, were
omitted to be carried into the Parliament, according to
use, upon such occasions.1 After a full week had been spent
in the debate concerning the legality of the meeting, the
first thing which of course came to be treated, was the
election of the Lords of Articles.2 And as it is the privi-
1 [Mr Tytler shews in his History, vol. vi. p. 177, that Bishop Keith is
in error when he asserts that the Regalia of the kingdom were omitted to
be carried into the Parliament. " The Crown, the Mace, and the Sword,
were laid upon the seat or throne usually occupied by the Queen, and
Maitland, who possessed great influence with the Congregation, being
chosen Speaker — the term then used was harangue-moJcet — opened the pro
ceedings in an oration, of which Randolph has given us the principal
heads." Mr Tytler refers to MS. Letter, State-Paper Office, Randolph
to Cecil, 9th and 10th August 1560.— E.]
2 These Lords of Articles are a sort of Committee of Parliament, before
whom it behoved all Articles or Bills first to be presented and approved,
before that they could be brought into full Parliament. I observe, for
300 years backward, that they have consisted of an uncertain number of

1560.] OF CHURCH AND STATE IN SCOTLAND. 319
lege of the Nobility to elect a certain number of the clergy
to serve in that quality, the Noblemen made choice only of
members, not under three of the Clergy, three of the Barons, and three
of the Burrows. But sometimes there have been about sixteen Prelates
and as many Barons, though the Burrows have not been commonly so
numerous, by reason, I suppose, that there was seldom any large number
of those members out of which to make an election. What was the
regular manner of electing the Articles I cannot positively ascertain,
though it is probable they were elected by the Estates convened in Par
liament, which I see once to be marked during the period of years before
assigned. But in later times we have more certainty, for in the Parliament
1633, in which King Charles I. was present in person, I perceive that
the Clergy elected eight of the Nobility, the Nobility eight of the Clergy,
and these two Estates jointly elected eight Knights of Shires, and eight
Commissioners of Burghs, in all thirty-two, who then composed the Com
mittee of Articles, together with the Officers of State ; and very probably
the same method has been, for the bulk, in use at the time we are now
concerned about, since we are told that the Nobility did then make elec
tion of those of the Clergy who were to sit upon the Articles.
[The Committee termed the Lords of the Articles was a curious pecu
liarity connected with the Parliaments of Scotland before the Revolu
tion. Our historians differ widely in their representations of the mode
of election of this Committee, and of its effects on the freedom of Par
liament. Dr Robertson, History of Scotland, first edition, 4to, 1759, vol. i.
Book I. p. 69, 70, states — " It was their business to prepare and to digest
all matters which were to be laid before Parliament. There was rarely
any business introduced into Parliament but what had passed through the
channel of this Committee ; every motion for a new law was first made
there, and approved or rejected by the members of it. What they ap
proved was formed into a bill, and presented to Parliament ; and it seems
probable that what they rejected could not be introduced into the House.
The Lords of Articles, then, not only directed all the proceedings of Par
liament, but possessed a negative before debate. That Committee was
chosen and constituted in such a manner, as to put this valuable privilege
entirely in the King's hands. It is extremely probable that our Kings
once had the sole right of nominating the Lords of the Articles. They
came afterwards to be elected by the Parliament, and consisted of an
equal number out of each Estate, and most commonly of eight temporal and
eight spiritual Lords, of eight representatives of boroughs, and of the eight
Great Officers of the Crown." Dr Gilbert Stuart, on the other hand, in his
"Observations concerning the Public Law and Constitutions of Scotland"
p. 348, 349, &c, maintains a different theory. He quotes the Preface to
the Acts of James I. at the Parliament of Perth in May 1424, and adds—
•' Instead, then, of having been elected by the King, or by his'dependants,
the Lords of the Articles were chosen in Parliament. They were a Com
mittee of the Three Estates, not the creatures of the prerogative, and they
received Articles from the King, which they were to examine, and to
prepare for the Parliament.— From the constitution of the Council of
Articles, as illustrated by the Acts of James I. and James III., it is yet
obvious that it was merely their intention to prepare business for Parlia
ment. The subjects into which they were to inquire were submitted to

320 THE HISTORY OF THE AFFAIRS [1560.
such of that denomination as they knew to be well affected
to the new form of religion. This did not fail to be much
complained of by the other Prelates, who likewise alledged
that some of these upon whom the choice had fallen were
mere laymen. But as Archbishop Spottiswood observes
very well — " There was no remedy ; it behoved them to take
law who formerly had given it to others."
After this election was over, a Supplication came before
them from the professors of the New Form, demanding, I.
That the doctrines of Transubstantiation, Justification by
Works, Indulgence, Purgatory, Pilgrimage, and Invocation
of Saints, be abolished by authority of Parliament. 2. That
the profanation of the holy Sacraments be prevented, and
the discipline of the ancient Church restored. 3. That the
Pope's usurped authority may be abolished, and the patri
mony of the Church employed to the sustentation of the
ministry, the provision of schools, and support of the poor.
Mr Knox sets down this paper at length, and then subjoins —
" This our Supplication being read in audience of the whole
Assembly, divers men were of divers judgments ; for as
some there were that uprightly favoured the cause of God,1
so were there many that, for worldly respects, abhorred a
perfect reformation  and are unjust possessors of the
patrimony of the Church."2 And Mr Spottiswood says —
them, and the result of their deliberations was reported in full Parlia
ment, and examined and voted there." Dr Stuart contends that the
Lords of the Articles were not " instruments of tyranny, but a council for
facilitating affairs," in the institution and election of whom " appear the
marks of legality, and candour, and justice ;" for " its overtures being de
bateable in Parliament, the deliberations and authority of the Three Es
tates were to overturn all improprieties in their behaviours and conduct."
Dr Stuart alleges that the corruption of the Lords of the Articles did not
appear till the seventeenth century. After the Revolution the Committee
of the Lords of the Articles was, for obvious political reasons, declared a
grievance by the Convention of Estates in 1689, as inconsistent with their
notions of the freedom of Parliament, and finally suppressed in 1690. —
(Erskine's Institutes, Book I. tit. iii. § 5). — E.]
1 This manner of speaking is much used by a certain set of men to
this day, to denote their own particular scheme, and nothing but thai is
either Gospel or Reformation, according to them.
2 [The passage in Knox's History, according to the Edinburgh edition
of 1732, p. 239, is — " So war thare maney that for warldly respects abhor
red a perfyte reformation (for how many within Scotland that have the
name of nobility are not unjust) possessors of the patrimony of the
Kirk ?"— E.]

1560.] OF CHURCH AND STATE IN SCOTLAND. 321
" The last clause was not very pleasing to divers of the No
bility, who, though they liked well to have the Pope's authority
and doctrine condemned, had no will to quit the Church's
patrimony, whereof in that stirring time they had possessed
themselves." And so without taking any notice of the last
part of the Supplication, the ministers were desired to draw
into separate heads the sum of the doctrine which they
wished to have established by law. This was immediately
done, and in four days a Confession of Faith, so was it
termed, was completed, and afterwards presented to the
States, and read in their hearing.1 And all the members
were desired to make what objections they thought proper
against it ; but no body, they tell us, said the least thing in
opposition to it. After this a diet was appointed for col
lecting the votes ; and it is remarked, that only the Earl
of Atholl and the Lords Somerville and Borthwick dissented.
The Earl Marischal made a speech in favours of the Con
fession, and declared that to him the profound silence of the
Prelates seemed to be an irrefragable testimony of its truth.
Thus the Confession received the sanction of the States on
the 17th day of August.2 With respect to the Earl Maris
chal's observation, perhaps it may even suffer a question,
whether silence be always a sure token of assent ; and as to
the present affair, though the Prelates may not be applauded
for their silence, yet it is not easy to see what good end any
remonstrance from them could have served. For, allowing
the Articles had contained doctrines quite opposite to the
Catholick Faith, yet in an assembly where so great a number
of the voices were before-hand engaged in favour of these
Articles, as certainly in this convention they were, it was
perhaps a more prudent conduct in the Prelates to hold
their peace, and wait a fitter opportunity for their purpose;
at least there is one sense in which we may suppose it was
more adviseable for them to say nothing at that time, seeing
this author assures us that they durst say nothing in the
contrare ; for though this expression might not be designed
by him to be extended to its utmost import, yet it is even a
1 Mr Knox has given a copy of this large Confession. And the same is
likewise printed among the Acts of the Parliament in December 1567.
2 [See the Editor's volume entitled " The Episcopal Church of Scotland
from the Reformation to the Revolution," 8vo. Edin. 1844, p. 41-44.  E.]
21

322 THE HISTORY OF THE AFFAIRS [1560.
question whether the Bishops, by speaking out their mind,
might not have turned against themselves the engines of this
world. The Duke of Chastelherault threatened with death
his brother the Archbishop of St Andrews, if he attempted
to speak a word at this time,1 and no doubt the same inter-
mination was made to other Prelates.
On the 23d day of August,2 an Act was passed abolishing
the Mass, in which Act the former clergy are declared to
be nothing else but usurped ministers, and the new preach
ers to be the only persons that have power to administer the
holy Sacraments ;3 the sayers and hearers of Mass are for
the first fault to suffer the confiscation of all their goods
whatsoever, moveable and immoveable, and a corporal dis
cretionary punishment besides ; for the second fault, banish
ment out of the kingdom ; and for the third, loss of life.
Three punishments well enough calculated for compelling
men to come in !
1 See Appendix, Number XXV.
2 [It appears from the Records that this and the other two Acts subse
quently mentioned by Bishop Keith were passed on the 24th of August.
Acta Pari. Scot, folio, vol. ii. p. 534, 535.— E.]
3 By this Act and the whole behaviour of our first Reformers, one can
not help thinking that they had no notion of a regular succession being
necessary for the vocation of ordinary office-bearers in the Church of
Christ. That the then Clergy had a regular and valid ordination no one
can doubt, and how then can they be looked upon as usurped ministers t
And who or what was it that made the new preachers to be the only per
sons that have power to administer the holy Sacraments ? I suppose they
will hardly say that the Parliament had authority to confer that power.
If it was the call of the people, it seems to be unheard of till that time,
that the people could consecrate and ordain any person to the sacred
offices. Their consent and approbation is quite another thing. I am,
therefore, inclined to think they will have recourse to a special immediate
appointment and designation of such persons by Almighty God himself at
that period ; but with how many difficulties such an assertion may be at
tended, I need not offer to mention. Thus much at least seems to be cer
tain, that such a divine appointment can have no weight with another
man to receive those persons for his spiritual directors, unless he be
equally convinced in his own soul of their extraordinary vocation. Be
sides, even supposing the divine vocation to be real, except that same
extraordinary vocation be continued in the Church, what better right have
the succeeding persons, ordained by the extraordinary missionaries, to ad
minister the Sacraments, &c. than the established clergy at this time had,
whose ordination into their spiritual office did unquestionably proceed
from the divine mission of the Apostles ? That Mr Knox and some others,
who had regular ordination, did at that time undervalue their sacred
orders, and act as preachers by a new call, and that others of the

1560.] OF CHURCH AND STATE IN SCOTLAND. 323
On the 24th two other Acts were voted, one against the
Pope's authority within this Realm ; the other rescinding all
former Acts not agreeing with the Confession of Faith lately
ratified and approved by the Estates.
These are the only three Acts which our historians have
taken notice of in this Parliament, and when the readers
are pleased to look back into the preceding Accord, Number
XVI., I suppose they may be of the mind that this Assembly,
even granting it had received authority from the King and
Queen to sit and consult of other affairs, yet had no right
allowed them to enter upon any matters touching the religion,
since the treaty impowered the Parliament only to send a
message to the King and Queen to lay before them the
state of religion and some other particular matters. For
this very reason, therefore, it is the less to be admired that
the Prelates who sate in the meeting kept a deep silence in
these points, at which they had no reason to touch. Per
haps a protestation against any meddling at all in these
matters had been the most proper motion, but except we
had been alive, and were acquainted with the tempers of
these times, we may likewise say, that perhaps such a motion
could not have been made with security to themselves, even
though the members of the meeting were but all armour,
and not in battle array.
Though our historians have mentioned no other Acts but
these three, yet I am enabled from another quarter1 to in-
preachers never had any ordination, but the new one, is certain. And it
is equally certain, that many to this day have acted as office-bearers in the
Church, merely by virtue of that new call. May it not therefore be
reasonably doubted, whether such persons be really ministers of Jesus
Christ, or no ? At least, may not other people, who lay some stress on the
validity of regular ministrations, make scruple to receive from their
hands the mysteries of the Covenant of Redemption ? Is not the plea of
the Quakers more defensible, every of whose preachers pretends an im
mediate call ?
1 They are communicated to the author from the repository of the
Scottish College in Paris, by his worthy and learned friend Mr Thomas
Innes of that College, author of the late elaborate " Critical Essay on the
ancient Inhabitants of Scotland." Several other curious papers are like
wise transmitted from that gentleman, which will help to adorn this work.
And that the reader may at once be informed concerning this repository
at Paris, he is to know that James Bethune, or Beaton, nephew to the
Cardmal of that name, Archbishop of Glasgow, having thought fit, upon
account of religion, to retire into France in the ships which carried the

324 THE HISTORY OF THE AFFAIRS [1560.
form my readers of some other things which were enacted
at this time, and which will doubtless prove the more agree
able to the curious, that they are no where else to be met
with, nor so much as mentioned by any author, so far as I
have hitherto been able to observe. I set them down in the
very words I received them.
HEADS OF ACTS MADE IN THE PRETENDED PARLIAMENT IN
AUGUST 1560.1
" To the first, all actis yat was maid of before, for cen-
suris of cursing, praying, and worschiping of Saints, ar
anaullit and ordainit to be deleit furth of the bukis.
" Item, Ye Paip is renuncit and all his jurisdiction, and
statut, yat na man in ony tyme heirafter sail seik Bull or
Dispensation, under the pain of barratrie.2
" Item, It is statut and ordanit, that thair be na mess said
within this Realme, and the sayar and hearer thairof sail,
for the first fait loss all gudis movable and unmovable, and
thamselfis is to be punischit at ye will of ye Majestrate, if
they are apprehendit ; for the second fait, banisching of ye
Realme perpetual ; for the third fait, deid (death).
" Item, It is statut that na few, nor tack of teind for this
furth sett be ye Archbischop of St Andrews, Bischops of
Dunkeld and Dumblane, Priors of Whithern, Pluscardy,
French forces away, the Queen, upon her return into her own kingdom
the year ensuing, was pleased to cloath this Prelate with the character of
her Ambassador at the Court of France. He was a man of so much good
sense and virtue that King James VI., notwithstanding the differences
of religion, thought fit to continue the same character with him until the
time of his death, which happened not until the year 1603 ; during all
which times he carefully preserved the Letters, Instructions, and other
Papers committed to him by his royal constituents ; and these are lately
gathered and disposed, according to their proper dates, and the matters
they contain, in very good order, by the exceeding care and industry of
this gentleman and his sagacious brother the Reverend Mr Lewis Innes,
Rector of the Scottish College, to which house the Archbishop left all his
Papers, &c. This Prelate was careful likewise, when he went from his
native country, to carry along him all the publick records of his See of
Glasgow; and good had it been that the other Prelates had taken the
same course, and thereby preserved some remembrance of our nation
from the Knoxian (and that was more than Barbarian) devastation.
1 Memoirs of Scotland, torn. i. fol. 168, &c. in Collegio Scot. Paris.
2 i. e. As it is explained by our Law, Simony.

1560.] OF CHURCH AND STATE IN SCOTLAND. 325
Abbot of Crossraguel, and certane vtheris in special, sail be
of na avail, but null in the self, without further process of
law. And gif ony of thaim hes sett ony few or tack from
the saxt of Marche, anno 1558, the same to be callit before
ye Lordis of Counsel, and maid of nane avail ; and this Act
to be publishit in everie borrowstown.
" Item, It is ordeinit yat everie possessour sail leid his
teind, or intromett with it, and tak it in, even as he did ye
last zeir, bot thai sail retein ye payment thairof in thair
awin handis, quhil they get commandement of the Counsal
quhom to it sould be payit.
" Item, It is statut, yat becaus na man comperit of ye
Kirkmen that gaif in their billis of complaint, nor nain for
tham, to declare in special quhairin thay wer hurt, eftir that
thai war twyse callit upon ; the Lordis and Nobilitie had
don thair duetie conform to the Articles of Peax, quhilk
sayis, " Gif ony Kirkman war hurt, let him gif in his bill to
ye Parlament, and he suld be answerit as resson wald."
" Item, Yair is certan statutis and ordonancis maid, in
quhat manner appellationis and supplicationis, per modum
querelw, sould be pursuit befoir the temporal Judge, and na
mair befoir ye spiritual Judge ; and siclyke, how letteris
sail be gevin upon acts without cursing, upon liquidat dett,
and four formis for fulfilling of an deid.
"Item, It is statut yat certane pensions given be the
Quene, sick as ye Erl of Glencarnis, David Murray, Lord
Ruthven's son, and was not providit in Rome, be as valzeable
as and the same war confirmit be ye Paip ; and the Bischop-
rick of Galloway adjugit sicklik to the Bischop of Athenis
without Bullis.
" Item, It is statut and ordainit thair sal be certan Com-
missioneris of Burrowis for ye marchandis estate at every
convention, at leist 6 or 8 of thame to gif thair consent aud
writ to any taxation (that) beis raisit, or weir or peax tain
in hand.
" Item, Tweching the law of oblivion, it is ratifiet and
approvit, evry shire hes given in sa many namis in special
as thai think sould joiss, and haif ye privilege of ye said law,
and ye rest ar to be unworthie thairfor (thereof).
" Item, Thair is an ordinance maid for the Lord of St
John, that he suld haif his lordschip heretable, and haif na

326 THE HISTORY OF THE AFFAIRS, ETC. [1559.
mair ado with ye Paip ; and ye Estatis suld write to the
King and Quenis Majesties to confirm ye same.
" Item, Thair is 24 conform to the Articles chosin to be
sent to the King and Quenis Majesties, whairof thai suld
cheis 8, and the Nobilitie 6. Thir ar ye namis of thame
that ar chosin — my Lord Duke, Lord Arran, Erlis of Huntlie,
Argyle, Glencarn, Morton, Athole, Menteith, Marshal, and
Rothes ; Lordis, James, Erskin, Ruthven, Lindesay, Boyd,
Ogilvie, St John, and the Maister of Maxwel ; Lairdis,
Londy, Poterrocht (Pitarrow), Dwn, Cuningham-heid, Dum-
lanrik, and zoung Lethinton.
" Item, It is statut in the meintime, quhil ye Commission
come haim fra the King and Quenis Majesties, and that she
hes chosin her part, that thair sail remain continuallie within
the town of Edinburgh, 6 at ye leist of ye former Counsal,
to ordour and minister justice and punish trespassors ; and
gif thai happin to determin ony thing out with the said town,
thair sal be na fewer than 16 of the forsaids personis, &c."
How long this Parliament may have kept sitting after the
24th of August, on which day they voted the Act against
the Pope's authority, I cannot say, there being no indica
tion hereof any where to be found.1 The members had
already kept together a much longer space than our Parlia
ments were wont to sit, which was usually a week or so.
Before they separated, and when, according to Mr Knox,
" these and other things were orderly done in lawful and
free Parliament," they directed a message into France to
the King and Queen. But I will not enter upon that now,
but choose to put an end here to the First Book of our
History, as being a proper period to such a stop.
1 [It sat till the 27th of August,— E.]

END OF BOOK I.

APPENDIX [TO BOOK I.]

CONTAINING THE
ORIGINAL PAPERS AND RECORDS, WITH OTHER
DOCUMENTS, MENTIONED AND REFERRED
TO IN THE FOREGOING
HISTORY.

APPENDIX TO BOOK I.

-THE FORM OF THE INDULGENCE GRANTED BY POPE
LEO X.1
. ISERATUR tui Dominus noster Jesus Chris-
tus ; per merita suse sanctissimse passionis
te absolvat ; et ego autoritate ejusdem, et
beatorum Petri et Pauli Apostolorum ejus,
et sanctissimi nostri Papae tibi concessa, et
in hac parte mihi commissa, te absolvo ; primo ab omnibus
censoris ecclesiasticis per te quomodolibet incursis ; deinde
ab omnibus peccatis, delictis et excessibus tuis hactenus per
te commissis quantumcunque enormibus, etiam Sedi Apos-
tolicse reservatis, in quantum claves sanctse matris Ecclesiae,
se extendunt, remittendo tibi per plenariam indulgentiam
omnem pcenam in purgatorio pro prsemissis tibi debitam, et
restituo te Sanctis Sacramentis Ecclesiae, et unitati fidelium,
ac innocentiae et puritati, in qua eras, quando baptizatus
fuisti ; ita quod tibi decedenti clausae sint portse pcenarum,
et sint apertae januae paradisi deliciorum ; quod si nonmori-
eris, salva fit ista gratia quando alias fueris in mortis arti-
culo. In nomine Patris, et Filii, et Spiritus Sancti, Amen.
II. — THE SENTENCE PRONOUNCED AGAINST MR PATRICK
HAMILTON.2
Christi nomine invocato: Wee James, by the Mercie of
God, Archbishop of Saint Andrews, Primate of Scotland,
with the counsell, decree, and authoritie of the most Reve
rent Fathers in God, and Lords, Abbats, Doctours of Theo-
1 Seckendorf, Histor. Lutheran, p. 14.
2 Fox's Martyrol. vol. ii. p. 227, edit. London, 1631.

330 APPENDIX. [BOOK I.
logie, Professors of the Holy Scripture, and Masters of the
Universitie, assisting us for the time, sitting in judgment
within our metropolitan church of Saint Andrews, in the
cause of heretical pravitie against Mr Patricke Hamilton,
Abbat or Pensionary of Ferme, being summoned to appear
before us, to answer to certain Articles affirmed, taught,
and preached by him ; and so appearing before us, and ac
cused, the merits of the cause being ripely weighed, discuss
ed, and understood, by faithful inquisition made in Lent last
past. We have found the same Mr Patrick many wayes
infamed with heresie, disputing, holding, and maintaining
diverse heresies of Martin Luther and his followers, repug
nant to our Faith, and which are already condemned by
General Councells and most famous Universities. Andhee
being under the same infamie, we decerning before him to
bo summoned and accused upon the premisses, he, of evil
mind, as may be presumed, passed to other parts forth of
the Realme, suspected and noted of heresie, and being
lately returned, not being admitted, but of his owne head,
without licence or priviledge, hath presumed to preach
wicked heresie.
We have found also that he hath affirmed, published, and
taught divers opinions of Luther and wicked heresies, after
that hee was summoned to appeare before us and our Counsel :
" That man hath no free will ; that man is in sin so long as he
liveth ; that children, incontinent after their baptisme, are
sinners ; all Christians, that be worthie to be called Chris
tians, do know that they are in grace ; no man is justified
by works, but by faith only ; good works make not a good
man, but a good man doth make good works ; that faith,
hope, and charity are so knit, that he that hath the one,
hath the rest ; and he that wanteth the one of them, want-
eth the rest, &c.;" with diverse other heresies, and detestable
opinions, and hath persisted so obstinate in the same, that
by no counsel nor persuasion hee may be drawne therefrom
to the way of our right faith.
All these premisses being considered, we, having God and
the integrity of our faith before our eyes, and following the
counsel and advice of the Professors of the Holy Scripture,
men of law, and other assisting us for the time, doe
pronounce, determine, and declare the said Mr Patricke

BOOK I.] APPENDIX. 331
Hamilton, for his affirming, confessing, and maintaining of tho
foresaid heresies, and his pertinacity, they being condemned
already by the Church, General Councels, and most famous
Universities, to be an hereticke, and to have ane evil opinion
of the faith, and therefore to be condemned and punished,
likeas we condemne and desine him to be punished by this
our sentence definitive, depriving and sentencing him to be
deprived of all dignities, honors, orders, offices, and bene
fices of the Church, and therefore doe judge and pronounce
him to be delivered over unto the secular power, to be
punished, and his goods to be confiscate.
This our sentence definitive was given and read at our
metropolitane church of S. Andrews, the last day of the
month of February, anno 1527, being present the most
Reverend Fathers in Christ and Lords, Gawand Bishop of
Glasgow,1 George Bishop of Dunkelden,2 John Bishop of
Brechain,3 William Bishop of Dunblane,4 Patrick Prior of St
Andrews,5 David Abbat of Abirbrothoke,6 George Abbat of
Dunfermling,7 Alexander Abbat of Cambuskenneth,8 Henry
1 [Gavin Dunbar, Preceptor to James V., Archbishop of Glasgow. — E.]
3 [George Crichton, Bishop of Dunkeld, and Lord Privy Seal. — E.]
3 [John Hepburn, Bishop of Brechin. — E.]
4 [William Chisholm, Bishop of Dunblane, uncle of his coadjutor and
successor in that Diocese, Bishop William Chisholm. — E.]
6 [Patrick Hepburn, second son of Patrick first Earl of Bothwell, suc
ceeded his uncle John as Prior of St Andrews, and advanced to the
Bishopric of Moray in 1535, when he also received the Abbey of Scone
in commendam. — E.]
6 [Afterwards the celebrated Cardinal David Beaton, Archbishop of St
Andrews, and Primate. — E.]
7 [George Durie, but the proper Abbot of Dunfermline at the time
was Archbishop James Beaton, who succeeded Archbishop Forman in the
Primacy, and also in the Abbacy of Dunfermline, which he held a second
time in commendam, while he allowed the title and probably devolved the
duties of Abbot on Durie. This ecclesiastic, who was Archdeacon of St
Andrews, styled himself Abbot in 1530, and he continued to take the
title, or that of Commendator, apparently subordinate to Archbishop
Beaton, during the Primate's life. After the Archbishop's death in 1539,
Durie acted as sole Abbot or Commendator, and as such granted charters
dpwn to 1560, when he went to France, and it is uncertain if he ever re
turned. Preface to " Registrum de Dunfermlyn," 4to. Edinburgh, printed
for the Bannatyne Club, p. xvi. xvii. — E.]
8 [Alexander Milne, or Mylne, successively Canon of Aberdeen, Pre
bendary of Dunkeld, Dean of Angus in that Diocese, selected by James V.
to be administrator of the revenues of the Abbey of Holyrood at Edin
burgh and of the Priory of St Andrews, which he had bestowed on his

332 APPENDIX. [book I.
Abbat of Lendors,1 John Prior of Pittenweem,2 the Deane
and Sub-Deane of Glasgow, Mr Hugh Spens, Thomas Ram
say, Allane Meldrum, &c. in the presence of the clergy and
the people.

III. — FRIAR SETON'S LETTER TO THE KING.3
Most Gracious and Soveraigne Lord under the Lord
and King of all, of whom only thy Highnes and Majesty
hast power and authority to exercise justice within this thy
Realme under God, who is King and Lord of all Realmes,
and thy Grace, and all mortal Kings, are but only servants
unto that only immortal Prince Christ Jesus, &c. It is not,
I wot, unknown to thy gracious Highnes, how that thy
Grace's sometime servant and orator, and ever shall be to
my lives end, is departed out of thy Realme unto the next
adjacent of England. Nevertheless I believe the cause of
my departing is unknowne to thy gracious Majesty, which
only is, because the Bishops and Churchmen of thy Realme
have had heretofore such authoritie upon thy subjects, that
apparently they were rather King, and thou the subject ;
which unjust regiment is of itself false, and contrarie to
holy Scripture, and God's law ; then thou art their King
and Master, and they thy subjects, which is very true, and
testifyed expressly by the word of God : And also, because
they will give no man, of any degree or state, whom they
often call heretikes, audience, time nor place to speak, and
have defence, which is against all Law, both the old Law,
called the Law of Moses, and the new Law of the Gospel.
So that if I might have had audience and place to speak,
and have shewed my just defence, conformable to the Law of
God, I should never have fled to any other Realme, suppose
it should have cost me my life. But because I believed that
two infant illegitimate sons, and in 1523 first Lord President of the Court
of Session. — E.]
1 [Henry, whose surname is unknown, was, as far as can be ascertained,
the thirteenth Abbot of Lindores in Fife. See Chartularies of Balmerino
and Lindores, printed for the Abbotsfobd Cldb, 4to. Edinburgh, 1841,
Introduction to " Liber Sancte Marie de Lindores," in the same volume,
by W. B. D. D. Turnbull, Esq. Advocate, p. iv.— E.]
3 [John Rule, Prior of Pittenweem. — E.]
3 Knox's Hist. edit. 8vo. p. 48.

BOOK I.] APPENDIX. 333
I should have no audience, nor place to answer, they are so
great with thy Grace, I departed, not doubting, but moved
of God, unto a better time, that God illuminate thy Grace,
even to give every man audience, as thou shouldst, and
mayst, and is bound by the law of God, who are accused to
the death. And to certify thy Highnes that these are no
vain words, but of deed and effect, here I offer me to thy
Grace to come in thy Realme again, so that thy Grace will
give me audience, and hear what I have for me of the law
of God : And cause any Bishop or Abbot, Friar or Secular,
which is most convenient (some of them cannot reade their
mattins, who are made judges of heresie), to impugne me by
the Law of God, and if my part be found wrong, thy Grace
being present and judge, I refuse no pain worthy or con-
digne for my fault. And if that I convict them by the Law
of God, and that they have nothing to lay to my charge,
but the law of man and their oun inventions, to uphold their
oun glory and prideful life, and dayly scourging of thy poor
subjects, I report me to thy Grace as judge, whether he
hath the victory that holds him at the Law of God, which
cannot fail nor be false, or they that holds them at the law
of man, which is right oft plain contrary, and against the
Law of God, and therefore of necessity false and full of leas-
ings, for all things that is contrary to the veritie, which is
Christ and his law, is of necessity a leasing. And to witness
that this comes of all my heart, I shall remain in Barwicke
while I get thy Grace's answer, and shall without fail return,
having thy hand writ, that I may have audience and place
to speak. No more I desire of thee, whereof if I had been
sure, I should never have departed ; and that thou mayst
know the truth thereof, if fear of the justnes of my cause,
or dread of persecution for the same, had moved me to de
part, I could not so pleasantly revert ; only distrust was the
cause of my departing. Pardon me to say that which lyes
to thy Grace's charge. Thou art bound by the Law of God
(suppose they falselie lie, saying, It pertaineth not to thy
Grace to intermeddle with such matters), to cause every man
in any case accused of his life to have his just defence, and
his accusers, conform to their own law. They blind thy
Grace's eyes that knows nothing of thy law, but if I prove
not this out of their own law, I offer me to the death. Thy

334 APPENDIX. [book I.
Grace, therefore, by experience may dayly learn, seeing they
neither fear the King of Heaven, as their lives testify, neither
the natural Prince, as their usurped power in their own
actions shews, why thy Highness should lie no longer blinded.
Thou maist consider that they pretend nothing else, but
only the maintenance and upholding of their barbed mules,
augmenting of their insatiable avarice, and continual over
throwing and swallowing up thy poor subjects ; neither
preaching nor teaching out of the Law of God (as they should)
to the rude ignorant people ; but contend who may be most
high, most rich, and nearest thy Grace, to put the temporal
Lords and lieges out of thy counsel and favour, who should
be, and are most tender servants to thy Grace in all time of
need, to the defence of thee and thy Croun. And where they
desire thy Grace to put out thy temporal Lords and lieges
because they despise their vitious life, what else intend they
but only thy death and destruction ? as thou mayst easily
perceive, suppose they colour their false intent and mind
with the pursuit of heresie. For when thy Barons are put
down, what art thou but the King of Bane \ and then of
necessity must be guided by them ; and there, no doubt,
where a blind man is guide, must be a fall in the myre.
Therefore let thy Grace take boldnes and authoritie, which
thou hast of God, and suffer not their cruell persecution to
proceed, without audience given to him that is accused, and
just place of defence ; and then, no doubt, thou shalt have
thy subjects1 hearts, and all that they can or may do in time
of need, tranquilitie, justice, and policie in thy Realme, and
finally the kingdom of the heavens. Pleaseth you to give
this, or the copy, to the clergy and churchmen, and keep the
principal, and thy Grace shall have experience if I go against
one word that I have spoken, I shall dayly make my heartly
devotion for thy Grace, and for the prosperity and welfare
of thy body and soul. I doubt not but thy gracious High
nes will give answer of these presents unto the presenter of
this unto thy Highnes. At Barwicke, by thy Highnes ser
vant and orator, Alexander Seton.1
1 [Seton lingered at Berwick for some time, expecting an answer from
the King to his letter, in the hope that its perusal would restore him to
favour, but he was disappointed. A perusal of the letter will at once
prove that the writer of it was not likely to obtain any favour from the
" clergy and churchmen," to whom he desired the King to give a copy. — E.]

BOOK I.] APPENDIX. 335
IT. — THE ACT OR PROCESS AGAINST SIR JOHN BORTHWICKE.1
Sir John Borthwicke, Knight, commonly called Captain e
Borthwicke, being accused, suspected, slandered, and con
vict by witnesses, without all doubt, of greater estimation
then hee himselfe, in the year of our Lord 1540, the eight
and twentieth day of May, in cloyster of St Andrewes, in
the presence of the Most Reverend Fathers, Gawine Arch
bishop of Glasgow, Chancellour of Scotland,2 William Bishop
of Aberdeen,3 Henry of Candida Casa,4 John Bishop of
Brechin,5 and William of Dunbar Bishop of  ,6 Andrew
of Melross,7 George of Dunfermling,8 John of Paisly,9 John of
Lundores,10 Robert of Kelso,11 and William of Culross,12
1 Fox's Martyrol. vol. ii. p. 605, &c.
2 [GavinDunbar. Seethefirstnote,p.331,No.II.of this Appendix. — E.]
3 [William Stewart, of the Family of Garlies, formerly Parson of Loch-
maben, Rector of Ayr, Prebendary and Dean of Glasgow, Provost of Lin-
cluden, and Lord High Treasurer of Scotland, elected Bishop of Aberdeen
in 1532.— E.]
1 [Henry, Bishop of Galloway, or Candida Casa, is supposed to have been
a near relative of the Noble Family of Wemyss, Earls of Wemyss in the
Peerage of Scotland. — E.]
5 [John Hepburn, of the Family of Bothwell, Bishop of Brechin. — E.]
6 [The Prelate mentioned is not known. — E.]
7 [Andrew Durie, Abbot of Melrose. Charters to and by Andrew,
Abbot of Melrose, are in the " Liber Sancte Marie de Melros," presented
to the Bannatyne Club by his Grace the Duke of Buccleuch, 4to. Edin.
1837, vol. ii. p. 626, 627, 628, 634.— E.]
8 [George Durie, Abbot of Dunfermline. See the seventh note, p. 331,
No. II. of this Appendix. — E.]
9 [John Hamilton, illegitimate brother of the Duke of Chatelherault,
Earl of Arran, and Regent of Scotland. He was appointed Abbot of
Paisley in 1525, Keeper of the Privy Seal in 1543, and subsequently Lord
High Treasurer, and the successor of Cardinal Beaton as Archbishop of
St Andrews and Primate of Scotland. — E.]
10 [John, whose surname is unknown, Abbot of Lindores, was appointed
a member of a Committee of the Parliament of 1542, Acta Pari. Scot.
folio, vol. ii. p. 411. He was elected one of the same Committee in the
Parliament, 4th December 1543, Ibid, vol. ii. p. 428 ; and the Abbot of
Lindores was elected one of the Lords of the Articles in the Parliament
held on the 7th of November 1544. John Abbot of Lindores was in the
Parliament of 1560 which ratified the Confession of Faith, and was
elected a Lord of the Articles. It is said that he conformed to the " Re
formed" opinions. Introduction to " Liber Sancte Marie," printed for the
Abbotsford Club, 4to. Edinburgh, 1841. — E.]
11 [Robert, Abbot of Kelso. Surname unknown. — E.]
12 [On the 14th March 1542, William, Abbot of Culross, protested in
the Parliament on behalf of the "bairns" of "umquhill James Colville

336 APPENDIX. [book I.
Abbots ;  Mancolalyne of Whithern,1 and John of Pit
tenweem,2 Priors ; Mr Alexander Balfour, Vicar of Kilman,
Rector of Law,3 Official of St Andrews ; John Winton,4
Sub-Prior, John Annand and Thomas Cunningham, Cannons
of St Andrews ; and Mr John Mayor and Peter Capelland,5
Batchelours of Divinitie, and Doctors; Martine Balfour,
Batchelour of Divinitie, and Fellow Priour of the Friers
Augustines of the same city; John Tulidaffe,6 Warden
of the Friars Minors, and John Paterson17 of the same
Convent. And also in the presence of the Most Noble,
Mighty, and Honourable Lords, George of Huntly,8 James
of Arran,9 William Marischal,10 William of Montrose,11
Earles ; Malcom Lord of Fleming,12 Chamberlaine of
of East Wemyss, Knight. Acta Pari. Scot, folio, vol. ii. p. 424. In the
Parliament held on the 3d of December 1543, William, Abbot of Culross,
was appointed one of the curators of the " sonis and dochters" of the said
Sir James Colville of East Wemyss. Ibid. vol. ii. p. 428. — E.]
1 [Probably the real name is Maclellan, and the Prior of Whithorn may
have been a relative of the once powerful Galloway Family of Maclellan
of Bombie, created Lords Kirkcudbright in 1633. The title has been
dormant since the death of the ninth Lord in 1832. — E.]
2 [See the second note, p. 332, No. II. of this Appendix. The Prior of
Pittenweem was a peculiarly zealous opponent of the new doctrines. — E.]
3 [Probably Kilmany and Largo, two parishes in Fife. — E.]
4 [John Winram, Sub-Prior of St Andrews, is the personage indicated.
-E.] 5 [John Major and Peter Copeland. John Major, a Doctor of the Sor-
bonne, who had studied at Oxford and Paris, was a man of some repute is
his time, and as he is considered to have been latitudinarian or republi
can in his religious and political opinions, it is singular to find his name
in this document. Major was afterwards Principal of the College of St
Salvador in the University of St Andrews, where he delivered lectures,
which were attended by John Knox and George Buchanan, both of whom
are alleged to have imbibed his sentiments. Major, or Mair, as the name
would now be written, was a man of no great strength of mind, solidity
of judgment, or of very high attainments. His pupil and admirer
Buchanan says of him that he taught " logic, or more properly the art of
sophistry." Major wrote " De Gestis Scotorum." — E.]
6 [John Tullidelph, Warden of the Franciscans.— E.]
7 [In another document called John Thomson, Prior of the Dominican
Monastery. — E.]
8 [George Gordon, fourth Earl of Huntly. — E.]
9 [James Hamilton, second Earl of Arran, and first Duke of Chatel-
herault. — E.]
10 [William Keith, fourth Earl Marischal.— E.]
11 [William Graham, second Earl of Montrose. — E.]
12 [Malcolm Fleming, third Lord Fleming, grandfather of the first Earl
of Wigton.— E.]

BOOK I.] APPENDIX. 337
Scotland, John Lord of Lindsey,1 John Lord of Erskine,2
George Lord of Seton,3 James Hamilton of Finwart,4 Walter
Lord of Saint John, 5 Mr James Fowlis of Colington,6 Clerk
to the King's Register ; with divers other Lords, Barons, and
honest persons, being called and desired together for wit
nesses that he did hold, publish, and openly teach these
errours following : —
Article I. That our Holy Father the Pope, as Christ's
Vicar, hath not, neither can exercise, greater authoritie over
Christians here on earth than any other Bishop or Prelate.
Article II. That Indulgences and Pardons granted by
our supreme Head the Pope are of no force, strength, or
effect, but tend only to the abuse of the people, and the de
ceiving of their souls.
Article III. That the Pope is an open user of simony,
daily selling the gifts of the Spiritualities, and that it is law-
full for all Bishops to be coupled and joyned in matrimonie.
Article IV. That all those Heresies, commonly called
the Heresies of England, or at the least the greater or most
part of them, are to be now presently understood and knoun
by the English men to be of themselves good and just, and
to be observed of all faithfull Christians, as most true and
conformable to the Law of God ; and that he had persuaded
many persons to embrace the said Heresies.
Article V. That the Scottish Nation and their clergy
1 [John Lindsay, fifth Lord Lindsay of the Byres, one of whose
daughters, named Isabel, married Norman Leslie, one of the murderers
of Cardinal Beaton ; and another of whose daughters, named Margaret,
married David Beaton of Melgund in Forfarshire, an illegitimate son of
the Cardinal. — E.]
8 [John Erskine, fourth Lord Erskine, and fifth Earl of Mar of the
Family of Erskine.— E.]
3 [George, fifth Lord Seton, father of the first Earl of Dunfermline, and
grandfather of the first Earl of Winton. — E.]
4 [Sir James Hamilton of Finnart, a well known personage. — E.]
6 [Sir Walter Lindsay, Preceptor of the Order of St John of Jerusalem
in Scotland, who inaugurated Sir James Sandilands of Calder, afterwards
the first Lord Torphichen, as his future successor. It is, however, stated
in the Peerage account of the Torphichen Family, that Sir Walter
Lindsay died in 1538, nearly two years before this prosecution of Sir John
Borthwick. — E.]
6 [Also designated Sir Jo7m Foulis of Colinton, near Edinburgh. Beatson's
Political Index, vol. iii. p. 98. — E.]
22

338 APPENDIX. [book I.
be altogether blinded ; whom he did also say and affirme,
that they had not the true Catholique Faith. And this he
did openly teach, and preached also, that his Faith was
much better and more excellent than the Faith of all the
clergy in the Realme of Scotland.
Article VI. Agreeablie to the ancient errours of John
Wickliffe and John Hus, arch-Heretiques condemned in the
Council of Constance, hee hath affirmed and preached that
the clergy ought not to possesse or have any temporal pos
sessions, neither to have any jurisdiction or authority in
temporalities, even over their owne subjects ; but that all
these things ought to be taken from them, as it is at this
present in England.
Article VII. Falsly, and against the honour, state, and
reverence of the sacred Majestie of the King of Scots, he
hath said, holden, and affirmed, That our Most Noble King
of Scots, Defender of the Christian Faith, would appropriate
unto himselfe all the possessions, lands, and rents of the
Church, given and granted by his predecessors, and also by
himselfe, and convert them unto his owne private use. And
for this end and purpose, as hee hath many times written
to him, so hath hee with his whole endeavour persuaded our
said Noble Lord and King thereunto.
Article VIII. He willed and desired, and oft-times with
his whole heart prayed, that the Church of Scotland might
come and be brought to the same point and state, and to
like ruine, as the Church of England was alreadie come
unto. Article IX. He hath openly holden, said, and affirmed,
preached and taught, That the Lawes of the Church, that is
to say, the sacred Canons, approved and allowed by the
holy Catholique and Apostolique Church, are of no force,
strength or effect ; alledging therefore and affirming, that
they are made and invented contrarie to the Law of God.
Article X. Divers and many waies he hath said, holden,
and also affirmed, and openly taught, That there is no reli
gion to be observed and kept, but simply to be abolished
and destroyed, as it is now in England ; and despising all
religion, affirming that it is but abusing of the people, he
hath taught that their habits and vestures are deformed, and
very monstrous, having in them no manner of utilitie or

BOOK I.] APPENDIX. 339
holines ; inducing and alluring, as much as in him lay, all
the adherents of his opinion, that all religion in the king-
dome of Scotland should bee subverted and utterly taken
away, to the great offence of the Catholique Church, and
the diminishing and detriment of the Christian religion.
It is manifest that the said John Borthwicke was so ob
stinate in all the foresaid errours and heresies, and so main
tained and taught them with such an indurate heart and
mind, that he would not by any means be persuaded from
them by his friends and divers other persons which did
dearly love and favour him ; but chose rather obstinately to
persevere in his said errours.
Of all which the premisses, and many other errours by him
holden, spoken, published, affirmed, preached, and taught,
the common fame and report is, that the said Sir John
Borthwicke is holden, reputed, and accounted of very many
as an Heretique, and principal Heretique, which holdeth evil
opinions of the Catholique Faith.
Where wee David, by the title of S. Stephen in Mount
Coelio, Prelate and Cardinal of the Holy Church of Rome,
Archbishop of S. Andrews, Primate of the whole Kingdome
of Scotland, and borne Legate of the Apostolique See, sitting
after the manner of Judges in our Tribunal Seate, the most
Holy Gospels of God being laid before us, that our judge
ment might proceed from the face of God, and our eyes
might behold and look upon equity and justice, having only
God, and the veritie and truth of the Catholique Faith be
fore our eyes, his holy name being first called upon, having,
as is before said, hereupon holden a counsel of wise men, as
well divines as lawyers, We pronounce, declare, decree, deter
mine, and give sentence, that the said Sir John Borthwicke,
called Captaine Borthwicke, being suspected, infamed, and
accused of the errours and heresies before said, and wicked
doctrines manifoldly condemned, as is aforesaid ; and by
lawful proofs against him in every of the premisses had,
being convict and lawfully, cited and called, not appearing,
but as a fugitive runne away, and absent, even as though he
were present, to be an Heretique, and is and hath been con
vict as an Heretique, and as a convict Heretique and Heresi-

340 APPENDIX. [BOOK I.
arch, to be punished and chastened with due punishment,
and afterward to be delivered and left unto the secular
power. Moreover, We confiscate and make forfeite, and by
these presents declare and decree to be confiscated and
made forfeite, all and singular his goods, moveables, and
unmoveables, howsoever and by whatsoever title they be
gotten, and in what place or part soever they be ; and all his
offices whatsoever he hath hitherto had, reserving, notwith
standing, the dowry, and such part and portion of his goods
as by the law, custom, and right of this Realme, unto per
sons confiscate ought to appertain. Also We decree that the
picture of the said John Borthwicke being formed, made,
and painted to his likeness, be carried through this our city
to our cathedral church, and afterward to the market-cross
of the same city, and there, in token of malediction and curse,
and to the terrour and example of others, and for a per
petual remembrance of his obstinacie and condemnation, to
be burned. Likewise We declare and decree, that notwith
standing, if the said John Borthwicke be hereafter appre
hended and taken, he shall suffer such like punishment due
by order of law unto heretiques, without any hope of grace
or mercy, to be obtained in that behalfe. Also We plainly
admonish and warne, by the tenor of these presents, all and
singular faithfull Christians, both men and women, of what
dignity, state, degree, order, condition, or preheminence
soever they be, or with whatsoever dignitie or honour, eccle
siastical or temporall, they be honoured, that from this day
forward they doe not receive or harbour the said Sir John
Borthwicke, commonly called Captaine Borthwicke, being
accused, convict, and declared an Heretique, and arch-Here-
tique, into their houses, hospitals, castles, cities, towns,
villages, or other cottages whatsoever they be, or by any
manner of means admit him thereunto, either by helping
him with meate, drink, or victuals, or any thing whatsoever
it bee, they do shew unto him any manner of humanity, help,
comfort, or solace, under the pain and penalty of greater and
further excommunication, confiscation, and forfeitures ; and
if it happen that they be found culpable or faultie in the
premisses, that they shall be accused therefore, as the
favourers, receivers, defenders, maintainers and abetters of

BOOK I.] APPENDIX. 341
Heretiques, and shall be punished therefore according to the
order of law, and with such pain and punishment as shall be
due unto men in such behalfe.1

V. — ORDERS OF PARLIAMENT.2
16. Nofember 1524. — The Lordis divisit on the Secrete
Counsale with the Queinis Grace to direct all materis, and
that naithing be done without thair aviss thairto, viz. my
Lord of Saint Andrews,3 my Lord of Abirdene,4 my Lord of
Arane,5 my Lord of Ergile.6
Same day. — Our Soverane Lord, with aviss of his deirest
Moder the Queinis Grace,7 and the Lordis thre Estatis of his
Realme, understandand that Jhone Duke of Albany,8 than
tutor and governour to our said Soverane Lord the Kingis
Grace at his last departing furth of this Realme, promittit
to haif retumit to the samen at the first day of September
last bypast, for dew execution of his office, and administra
tion of justice, to our Soverane Lordis liegis enduring the
time of his said office, with supportatioun of the King of
France, for defence of this Realme, as efferit and was pro-
misit, quhilk he hes not kepit, but absents him agane the
tenor of his said promitt and office of tutory, abusand and
negleckand the samen, to the gret hurt and skaith of our
said Soverane Lord, his liegis and subditis ; Quherfore, the
saids thre Estatis has decernit his said office of tutory and
governance to be expirit, and he secludit thairfra, and has
1 [After the triumph of the " Congregation," the above sentence against
Sir John Borthwick was publicly reversed " in the consistoriall hows,
within the paroche kyrk of the citie of Sanctandrows, upon the 5th day
of September mvlxi. years ;'' and, as a singular instance of the profligacy
or want of principle of the times, it was done by John Winram, one of
the persons who assisted at Borthwick's condemnation, but who was now
" Superintendant of Fife." Bannatyne Miscellany, vol. i. p. 260. — E.]
2 Records of Parliament. — [Acta Pari, folio, vol. ii. p. 285, 286. — E.]
3 [James Beaton, Archbishop of St Andrews. — E.]
4 [Gavin Dunbar, Bishop of Aberdeen, uncle and contemporary of
Gavin Dunbar, Archbishop of Glasgow. — E.]
s [James second Lord Hamilton, and first Earl of Arran, father of the
Duke of Chatelherault. — E.]
6 [Colin third Earl of Argyll.— E.]
7 [The Princess Margaret, daughter of Henry VII. of England, sister
of Henry VIII., and mother of James V. — E.]
8 [Son of Alexander Duke of Albany, second son of James II.— E.]

342 APPENDIX. [book I.
statute and ordanit that our said Soverane Lord sail use
and exercess his awin autoritie, and haif the full reule and
governance of his Realme, liegis, and subditis, in time to
cum, be aviss of his said deirest Moder the Queinis Grace,
and Lordis of his Counsale, and that honest writings in this
matter be devisit and send to the King of France and the
said Duke, to the excuse of our said Soverane Lord his
Lordis, and thair accusation.
Same day. — Item, Because the Queinis Grace, be natural
lufe, affectioun, and inclinatioun, is maist tender, sure and
traist, for the gude and weil of our Soverane Lord her deir
est sonis persoun ; it is statute and ordanit that she sail
haif the keping and reule of his maist noble Persone, with
wyse vertuous men of gud inclinatioun and conversatioun,
that may and will instruct him in vertewis, bountie, and gud
manneris, to be chosin be aviss of the Quenis Grace and
Lordis of Counsale ; and that all Officiaris of his maist noble
Persone houshald, with otheris his Officiaris, he chosin suffi
cient, abill and convenient men thairto, be aviss of the
Queinis Grace and Lordis of Counsale, sche beand principale.
Same day. — It is devisit and ordanit, That the Arch
bischop and Bischop of St Andrews and Abirdene, the Erlis
of Arane and Ergile, be Lordis of our Soverane Lordis Secret
Counsale, to deviss and conclude the matteris betwix Realm
and Realm, the striking of cunze, setting of Justice- Airis,
and all utheris gret matteris belangand the commoun wele
of our Soverane Lord and his Realm, be aviss of the Quenis
Grace, sche beand principale.
25. February 1524-5.1— The quhilk day, the Lordis of
Artieklis has chosen and ordanit, That thir Lordis under
written, that is to say, my Lord of Saint Andrews, my Lord
of Glasgow,2 my Lord of Aberdene, and my Lord of Dun-
blaine,3 for the Spiritualitie ; and my Lords Erie of Anguss,4

1 [Acta Pari. Scot, folio, vol. ii. p. 289.— E.]
2 [Gavin Dunbar, Archbishop of Glasgow. — E.]
3 [James Chisholm, Bishop of Dunblane, half-brother of his successor,
William Chisholm.— E.J
4 [Archibald Douglas, sixth Earl of Angus, grandson of Archibald fifth
Earl, who was celebrated as the " Great Earl," and popularly known as
" Bell-the-Cat." This sixth Earl married Queen Margaret, widow of James
IV.— E.]

BOOK I.] APPENDIX. 343
Erie of Arane, Erie of Ergile, and Erie of Levinax,1 for the
temporalitie, sail be Lordis of the Secrete Counsale, to steir,
execute and put furth the Kingis autoritie, in all matteris
concerning the honour and wele of our Soverane Lordis Per
sone, the commonwele of his Realme and liegis, and materis
betwixt Realme and Realme, and in all other materis, as
heirafter followis in particular, the Queinis Grace being
principale, and ane of the samen, as od persone ; and that
nathing be done without thair aviss thereto, according to the
saidis Articklis and Statutis thairupon, the Queinis Grace
being principale, and ane of the samen as od person, as
said is.
25. February, 1524-5. — It is di visit, statut, and ordanit,
be the thre Estatis in this present Parliament, That the
Kingis Grace maist noble Persone be remufit furth of the
Castell of Edinburgh to the Abbay, for resonable causis
moving the saids thre Estatis ; quhilks declaris, that this
conventioun and lying about the Castell at this tyme, was
and is for the surtie of the Kingis Persone, and common
wele of his Realm, and na cryme sail be imput to ony per
sone tharfor.
Same day. — It is devisit, statut, and ordanit, That there
be chosin be the Counsale chosin be the thre Estatis, Lordis
and Gentillmen as beis thought by them to vaik daly and
nytlie with the Kingis Grace alway, the Queinis Grace beand
principale Kepar, and sche to resort and remane with him
at hir plesur, and nought remufit therefra ; providing that
his Grace be nought transportit furth of the Realm, under
the pain of cryme of lese majestie to the doaris, assistaris,
and consentaris thereto ; and that his Grace sail be remufit
fra place to place within the Realme, be aviss of the Queinis
Grace, and Lordis chosin be the thre Estatis, or thair deput
be them thereto, sche beand ay principale, as said is.
17- July 1525 .2 — Thir are the Lordis chosin to remane
with the Kingis Grace quarterlie, as efter followis, that is
to say, fra this day furth quhill all Hallowmess nixt to come,
the Archbischop of Glasgow and Erie of Anguss, and with
1 [Matthew Stuart, fourth Earl of Lennox, and afterwards Regent,
father of Henry Lord Darnley, who married Queen Mary. — E.]
2 [Acta Pari. Scot, folio, vol. ii. p. 294, 295.— E.]

344 APPENDIX. [book I
them in company, the Bischop of Orknay,1 the Erie of Mor
toun,2 the Abbot of Halirudhouss,3 the Lord Setoun, and the
Abbot of Arbroth.
The secund quarter, that is to say, fra all Hallowmess to
Candilmess, the Bischop of Abirdene, the Erie of Arane,
and with them the Bischop of Brechin, the Erie of Eglin-
toun,4 the Abbot of Paisley,5 the Lord Forbes.6
The third quarter, that is to say, fra Candilmess to Bel
tane,'?' the Archbischop of Saint Andrews, the Erie of Ergile,
and with them the Bischop of Dunkeld, the Abbot of Cam-
buskynneth, the Lord Erskin, the Lord Flemyng.
The ford and last quarter, fra Beltane to Lammess, the
Bischop of Dunblane, the Erie of Levinax, and with them
the Bischop of Caithness, the Erie of Glencairn, the Erie of
Montrose, and the Abbot of Scone.
The haill Lordis refers the exercitioun of the Kingis maist
noble Person to the discretioun of the Lordis being with
him for the tyme.
VI. — ACT ANNULLING THE TREATY OF PEACE AND MARRIAGE
BETWIXT MARY QUEEN OF SCOTLAND, AND HENRY VIII.
KING OF ENGLAND, AND EDWARD PRINCE OF WALES.8
The quhilk day,9 anentis the Artikle proponit, tuiching the
Pece and Contract of Merrage laitlie tane and maid betuix
the ambassatouris of our Sovirane Lady the Quenis Grace,
1 [Either Edward Stuart, Bishop of Orkney, whom Bishop Keith, in his
" Catalogue of the Scottish Bishops," describes as " a person of illustrious
birth," or Thomas, Bishop of Orkney, of whom nothing is known. — E.]
2 [James Douglas, third Earl of Morton, who was succeeded by James
fourth Earl, afterwards the celebrated Regent Morton, second son of Sir
George Douglas of Pittendrech. — E.]
3 [William Douglas, formerly Prior of Coldingham. — E.]
4 [Hugh Montgomery, second Earl of Eglinton. — E.]
5 [John Hamilton, made Abbot of Paisley in 1525, afterwards Arch
bishop of St Andrews. — E.]
6 [John Forbes, sixth Lord Forbes. — E.]
7 [Beltane was the ancient Pagan festival annually observed on the
first day of May old style, and in Christian times the name was often
used to denote Whitsunday. — E.]
8 Records of Parliament.
9 [This was the 10th December 1543.— Acta Pari. Scot, folio, vol. ii.
p. 431.— E.]

BOOK I.] APPENDIX. 345
and the Commissaris of the King of Ingland, betuix our said
Sovirane Lady and Edward Prince of Ingland, sone and ap
perand air of the King of Ingland, gif the samyn suld be
observit and keipit, or nocht. My Lord Governour and thre
Estatis of Parliament fyndis, that the said Peice was takin,
concludit and endit, in the begynning of the moneth of Julii
last bypast, betuix the saidis Ambassatouris and Commis
saris of bayth the Realmes, and the selis to have bene in-
terchengit betuix that and the first day of September nixt
thairefter exclusive' : And thane the said Peace was pro-
clamit baith in Ingland and Scotland ; and throw pretence
thairof the merchandis of Scotland put thair schippis and
guidis to the see, and lang befor the said first day of Sep
tember thai war takin be Inglismen, and haldin thameselfis,
thair schippis and guidis, as zit unrestorit, bot demanit as
inimeis, notwithstanding the said Pece, and divers message
send for delivering of thame ; quharthrow the said King of
Ingland hes violate and brokin the said Pece. And thairfor,
and becaus the said Contract of Merrage was grantit for the
said Peice to have bene had, observit, and keipit betuix the
tua Realmes, quhilk was nocht keipit, bot brokin and violet
be the said King of Ingland, as said is ; and als, becaus my Lord
Governour send bayth the Contractis of Pece and Merrage,
ratifit, apprevit, and suorne be him, and selit with oure
Sovirane Ladeis Gret Sele, according to the indentis, befor
the said first day of September, and causit the samyn to be
deliverit to the- said King of Ingland ; quha was requirit be
the Ambassatouris send be my Lord Governour to have
deliverit the sadis Contractis, in siclik manneir ratifyit, ap
previt and suorn be him ; and he refusit to do the samyn.
My Lord Governour and thre Estatis in Parliament forsaid
has declarit, and declaris the saidis Contractis to be expirit
in thameselfis, and nocht to be kepit in tyme cuming, for
the part of Scotland, be law, equit, and just resoun.
VII. — ACT EMPOWERING CARDINAL BETON, ETC. TO TREAT
WITH THE AMBASSADORS OP FRANCE.1
The quhilk day,2 in presence of ane rycht Noble Prince,
1 Records of Parliament.
2 [The 10th of December 1543. Acta Pari. Scot, folio, vol. ii p 431
432.— E.] ' '

346 APPENDIX. [book I.
James Erie of Arrane, Lord Hamiltoun, &c. Tutor to our
Soverane Lady, and Governour of hir Realme, and thre
Estatis of the samin, sittand in Parliament, comperit Jac
ques de la Brosse, Knycht, and Maister James Mesuaige,
Counsalour of Parliament of Rowan,1 Ambassatouris to the
maist Cristine King of France ; and thaire at lenth schew
and declarit the caus of thair message and cuming in this
Realme, quhilk was principaly to consent for the part of the
said King of France, and to desyre for the part of Scotland
the auld ancient ligis, contractis, and confederationis of
amyte and kyndnes past at all tymes befor betuixt the
Kingis of Scotland and of France, thair Realmes and sub
jectis, sen the first begyning of the samyn, past memour of
man, to be ratifyit, apprevit and confermit, and of new to be
contractit and renewit ; and sicklik, to permitt and geif, for
the part of the said King of France, ayd and supple to our
Soverane Lady the Quenis Grace, and Noblis of this Realme,
for the defence of the samyn, and liberie thairof, aganis the
King of Ingland, quha actualy invadis the samyn ; my Lord
Governour and Lordis, thre Estatis of the Realme sittand in
Parliament, eftir that thai war reply avsit with the desyris
of the saidis Ambassatouris, and eftir the sycht of all con
tractis past betuix the Kingis of France and Scotland sen
King Robert the Bruce, hes thocht veary expedient, and
with ane consent and assent hes declarit and ordanit the
saidis contractis to be ratifyit, apprevit, and confermit, and
to be of new contractit and renewit ; and in speciale, the
contractis made betuixt umquhile our Soverane Ladyis fader,2
quhem God assolze, hir guidsyr and grantsyr, with the Kingis
of France, and of all uther contractis sen the deceis of um
quhile King Robert the Bruce, first King of Scotland of that
naime, and Charlis King of France and Naver ; and ordanis
letteris to be directit hereupoun in dew and ample form, in
our Soverane Ladyis name, with consent of hir said tutour
and governour, and thre Estatis of hir Realme, under hir
Grace greit sele ; the King of France doand in semblable
1 [Rouen, the capital of the Arondissement or Department of the
Lower Seine, the See of an Archbishop, and formerly the capital of
Normandy. — E.]
2 [James V. of Scotland, Francis I. of France, and James IV. of Scot
land.— E.]

BOOK I.] APPENDIX. 347
maneir for his part. My Lord Governour, with avise of tho
thre Estatis of Parliament, deputis, and gevis power to my
Lord Cardmal, the Erlis of Ergile, Murray, Lord of Sanct
Jhone, and Sir Adam Ottirburn of Reidhall, Knycht, or ony
five, four, thre, or tua of thame, to commoun and conclude
with the saidis Ambassatouris, anentis the maiking of the
saidis letteris of approbatioun, ratificatioun, and confirma-
tioun, and contracting of new, and novation of all the saidis
contractis.

VIII. — LETTER FROM JAMES EARL OF ARRAN, GOVERNOR OP
SCOTLAND, TO HENRY VIII., KING OF ENGLAND.1
RiCHT excellent, richt hie, and mychty Prince, plesit your
Grace, that eftre divers and mony brekkis, quhilkis hes had
place in this Realme, sen the deceis of our maist Noble Prince
and Maister, quhom God absolve, finaly, the mater is sa
dressit, thankis be to God, that all stryfe and dissensioun,
all querrellis and controversiis, and movaris of debaite
amangis the Noblemen of this Realme, ar brocht to perfyte
concorde and conformitie, sua that we now being all of ane
minde, are agreit and determit, in all behalves, to put in
execution sic thingis as appertenis trew and faithful subgects
of this Realme to do, not onlie for defence thairof, gif it
sail be invadit, but alsua to keip the samyn fra besynes, gif
reasonable and honest wayis may be had ; for procuratioun
quharof we have thocht necessare to send unto your Grace
this bearer, and to desire ane sauf conduct unto our ryt
traist and welbelovit counsalours, Robert Bischop of Orkney,2
Walter Lord Sanct Johns, Schir John Campbel of Calder,3
and Schir Adam Octurburne, Knichtis, or to ony thre or
twa of thame quhome we intend, be the advise of the haile
Noblesse of this Realme, to direct unto your Grace, for de-
claratioun of sic thingis as ryndis hichtlie to the commone
weale of baith thir Realmes, traisting that it wil be your
Gracis pleasour to condiscend and grant unto the samyn the
rather that sic treatis as beis assentit to be the Estatis and
1 MS. Lawyers' [Advocates'] Library [Edinburgh.]
2 [Robert Reid, Bishop of Orkney.— E.]
3 [Of the Family of Argyll, ancestor of the Earls of Cawdor in the
Peerage of Great Britain. — E.]

348 APPENDIX. [book I.
haile Noblesse of this Realme without repugnance, may
na wise eftirwartis be alterit nor go abak for oure parte ;
quharapone, gif it please zoure Grace sua to do, it sail follow
that mekle besines being removit, quietnes and reste may be
inducit, to the pleasour of God, encresment of justice and
all verteu. And thus, richt excellent, richt hie, and michti
Prince, we pray God Almyty to have zou in his tuitioun.
Gevin at Edinburgh, the 19th day of Jan. m.d.xlih zeris.
Zour Gracis humble Cousin, with leful service.

IX. — LETTER OP KING HENRY OF FRANCE TO THE ESTATES
OF SCOTLAND.1
Henry par la Grace de Dieu Roy de France, a nos tres
chers et tres amez cousins et grands amis les Princes de
trois Estats du Royaume d'Escosse, salut. On scait assez
la grande parfaite et inviole"e auntie" qui a este" de tout temps
entre les deux Royaumes de France et d'Escosse, et les
dignes notables et memorables bons effects et demonstra
tions que les Roys nos ancestres et administrateurs de ces
deux couronnes ont faictes et exercees reciproquement et a
l'endroict les uns des autres, pour tesmoin et signe apparent
de l'integrite de leur ditte amitie tant liee, et enracinee et
asseuree que chascun a tousjours tenu et repute- leurs affaires
communes et une mesme chose : Ce que de nostre part nous
avions depuis nostre advenement a nostre couronne saincte-
ment observe, et aussy trouve* qu'il a este fait le semblable
du costs' de la chose qui nous a meu a desirer pour la forti
fication et corroboration d'icelle, ne perdre l'occasion que se
presenteroit comme il faut penser par la grace de Dieu, du
mariage que nous sembloit grandement sortable de nostre
tres cher et tres ame' fils le Dauphin, et de nostre tres chere
et tres ame'e soeur et fille la Dame Reyne d'Escosse vostre
Sovueraine, dont les  propos ont este tellement mis en
avant que du commun accord et consentement de nostre tres
chere et tres amee soeur la Reyne Douairiere, Regente d'Es
cosse, sa mere, et de vous, la ditte Dame jeune Reyne a este
apportee par deca pour le dit effect, ou elle a prins telle
nouriture aupres de nostre tres chere et tres sainte com-
1 MS. Lawyers' [Advocates'] Library [Edinburgh.]

BOOK I.] APPENDIX.

349

pagne la Reyne, qui avec ce que la nature luy avoit donnde
pour le sang et grand lieu dont elle est sortie a tant assem
bled de vertues et rares qualitez, qu'il nous a grandement
despleu que Page de nostre dit fils n'a permis que plustost,
s'en asseurant I'effect capable de contracter et promettre ce
qui est sur ce necessaire, et que nous avons delibere" suivant
les dits premiers propos, si nostre ditte bonne soeur la mere
et vous l'avez agreable, dont nous la prions et * * *
tres affectueusement faire et solemnizer comme il appartient
les fiancailles par parolles de present de nostre dit fils et de
la ditte jeune Reyne vostre Souveraine, le jour des Roys,
sixieme jour de Janvier prochain en nostre ville de Paris, et
que nous desirons que vous et ceux de principaux de vous
que vous voudrez choisir soyez presens et assistiez a la ditte
solemnite". Nous avons bien voulu par ces presentes en ad-
vertir, prier et admonester vouloir estre contens deputer et
faire election d'aucuns de vous, pour audict jour vous trouver
en nostre ditte ville de Paris, pour le dit effect avec povuoir
necessaire pour traicter, passer, consentir, et accorder les
conventions, points et articles en tel cas accoustumez, estant
asseurez d'etre les tres biens venus, et que de la consomma-
tion d'iceluy mariage qui se fera a l'aide de Dieu peu de
temps apres, et selon la capacite de l'age de nostre dit fils,
vous et tout le dit Royaume d'Escosse vous recevrez a l'ad-
venir tant d'heur, de bien, consolation et bon traitement,
que vous en aurez et les vostres a, perpetuite tres digne con-
tentement ; et estans ces dits deux Royaumes ainsy unis et
attachez plus estroitement ensemble comme ils seront par
ce ditte alliance, en redondra le bien, seurete et protection
mutuelle telle qu'ils en seront a. jamais en plus grand repos,
et hors de tout danger de ceux qui voudroient quelque chose
entreprendre au prejudice d'iceux. Donne a Saint Germain
en laye le trentiesme jour d'Octobre 1'an de grace mil cinque
cens cinquante sept, et de nostre Regne le unzieme. Henry.
Par le Roy, de L'Aubespine.
X. — APPROBATION, ETC. OF THE SCOTTISH COMMISSIONERS,
ETC.1
The quhilk day,2 eftir the presenting of the maist Cristin
1 Records of Parliament.— [Acta Pari. Scot, folio, vol. ii. p. 504, 505.— E.]
2 [The 29th of November 1558.]

350 APPENDIX. [BOOK I-
King of France, and the King Dolphine, and the Quenis
Grace oure Soverane Lady severale writtingis, direct unto
the thre Estatis of this Realme, of the daittis respective the
25th and 26th of Junii, the zeir of God one thousand five
hundred and fiftie aucht zeris, ane maist reverend and
venerable Fatheris in God, James Archbischope of Glasgow,1
James Commendatare of Sanct Androiss, George Lorde
Seytoun, and Johnne Erskin of Dun, foure of the Commis
sionaris directit, with umquhile ane reverend in God, Robert
Bischope of Orknay, nobill and mychtie Lordis, George Erie
of Rothes, Gilbert Erie of Cassillis, and James Lord Flemyng,
be the thre Estatis of this Realme, to pass to oure Sove
rane Lady, to knaw hir Hieness pleasure anentis hir mariage,
to be contractit, endit, and solempnizat with the Dolphine
of France, according to the desyir of the maist Cristin King
of France speciale lettres and writtingis direct unto the for-
saidis thre Estatis of this Realme, for accompleisment of the
said mariage : Lykeas the said writting, of the dait at Sanct
Germanis in Lay, the twentie-nynth2 of October, the zeir of
God one thousand five hundred and fiftie-sevin zeris, pre-
sentit in the Parliament haldin at Edinburgh the 14th day
of December the zeir of God forsaid, mair cleirly proportis ;
and the saidis hale Commissionaris to follow the instructionis
gevin unto thame to our Soverane Lady, for hir Hieness
deolaratioun, gude mynd and will, towart the mariage of
hir Grace with the said Dolphin : And hir Grace being con
tent thairwith, to schaw unto hir Hieness thair commission,
instructionis, and informationis thai had unto the said maist
Cristin King, for contracting and compleiting of the said
mariage : And heving hir Grace of mynd and affectit to the
compleitting of the said marriage, to desyir hir Hieness,
with aviss of hir curatouris befoir the mariage, and eftir the
mariage be the aviss of my Lord Dolphine hir spous, and
the said maist Cristin King, his lauchfull administrators,
and his curatouris gif he ony hes, to ratify and appreif the
Act made at Haddintoun of the dait the sevin day of July,
the zeir of God one thousand five hundred and fourty aucht
1 [James Beaton, Archbishop of Glasgow, nephew of Cardinal Beaton.
-E.] 2 This is a mistake for the 30th day, as appeareth by the above letter
itself.

BOOK I.] APPENDIX. 351
zeiris ; ane uthir Act of Parliament mao^e at Edinburg tho
fourteen day of December, the zeir of God one thousand
five hundred and fiftie sevin zeiris ; and commissionis send
with the commissionaris foresadis for accompleisment of
the said mariage, as done for hir Hieness wele and honor ;
and of new to contract, aggre, and obleiss hir self and hir
successouris, that sche, hir airis and successouris, sail ob
serve and keip the fredomes, liberteis, and privilegeis of this
realme, and lawis of the samyn, sicklike and in the samyn
manner as hes bene keipit and observit in all kingis tymes
of Scotland of before. And thairefter to desyre oure
Soverane Ladie, with consent of the Daulphin hir spous, to
make ane commissioun of Regentrie in the maist ample
forme, unto hir deirist moder the Quenis Grace now Regent
of this realme, induring the absence of thame and thair suc
cessioun. And consequentlie, oure Soverane Ladie being
contentit and applesit of the said mariage, gaif uthir articlis
following to be usit be the saidis commissionaris in the con
tract making of the foirsaid mariage; that is to say, to
schaw unto the maist Cristin King the declaratioun of the
thrie Estaitis of this Realme, and thair gude will evir re-
manand as thai begouth (began) anent the said mariage ; and
how thai in Parliament foirsaid gaif thair commissioun to the
saidis commissionaris, to consent to the completing of the
said mariage, be the wordis of the present ; and to aggrie,
in thair name of new, to the first consent and act maid in
the Parliament haldin at Haddingtoun the 7th day of July,
the zeir of God foirsaid ; and to ratifie and appreif, consent,
and of new aggrie to the said act maid at Haddingtoun,
and contentis thairof, concernyng thair parte. And thair-
fore to desyir and contract the premissis, and the contentis
of the said Act, in sa far as concerns the Kingis parte,
to be ratifeit and apprevit, and of new contractit, aggreit,
and consentit unto reciproquilie, be his Majestie and my
Lord Daulphin his sone, for thame and thair successouris ;
and to provyde, in cace of deceiss of our Soverane Ladie with
out airis of hir awin bodie, than the richtius blude of the
croun of Scotland, to succeid without ony impediment, bot
to be aydit, fortifyit, and supportit be the Kingis Majestie
and his successouris ; and all the auld ligis, in that cace, to
stand in effect as thai wer before the completing of the said

352 APPENDIX. [book I.
mariage, and observit betuix the twa Realmis. And mairat-
tour, to desyir certane dowery to be gevin to oure Soverane
Lady, with the advantage, and to be constitute, namyt, and
assignit in speciall places within the Realme of France maist
convenient, quhairintill oure Sourane Lady salbe repute and
haldin seisit, now as than, and that as now, to be breukit
be hir Hieness, but ony interpellatioun or denuntiatioun ;
and als to knaw and desyre quhat salbe gevin to my Lord
Daulphine for his leving, and quhat salbe gevin to oure
Soverane Lady to hir leving of France during the time he
is Dolphine, and quhat eftir his deceiss, he deceissand King
of France, in caiss sche leve eftir him, and securitie to be
maid heirupon accordinglie. And alsua, in caiss oure Sove
rane Ladie leif eftir my Lord Dolphine, hir Hienes to have
fre optioun and choise to remane, or returne gife sche plessis
in this realme, and to marye gife sche plessis be the avyse
of her Estatis, and to brouke and joiss hir dowerye and
avantage quhair sche passis or remanis. And last, gife hir
Hieness has successioun of hir persoun airis maill, that that
air or airis maill brouk baith the realmes of France and
Scotland, with denominatioun of baith thair stylis and bor
ing of thair Armes. And gife of hir or hiris, mediatlie
or immediatlie airis bot female, quhilkis be the lawis of
France are secludit to succeid to the Croun thairof, bot
men, and aucht succeid to the Croun of Scotland be the
lawis of the samyn, to desyir certane inheritage of the
King of France, to remane with the said dochter Quene of
Scotland, according to the custume of dochteris within the
said Realme, like as in the commissionis, articlis, and in
structions gevin unto the Commissionaris abovementionat,
at mair lenth is contenit. Quhilkis foure Commission
aris being directit with thair colleges foresaidis, and now
reportand thair commissionis, the said umquhile reverend
Fader being deceissit, and the Erls of Rothes, Cassillis,
and the Lord Flemyng, zit remanand in the partis
of France, schew and presentit in presens of the thrie
Estatis of this rynnand Parliament, thair foirsaid commis
sionis, speciall articlis and instructionis, gevin unto thame
be the thrie Estaitis in the last rynnand Parliament of the
dait foirsaid ; and according thairto, producit the answeris
and securiteis of thair saidis commissionis, articlis, and

BOOK I.] APPENDIX. 353
instructionis gevin unto thame, dewlie and perfytlie endit, be
the said maist Cristin King, oure Soverane Lady and King
Dolphine, respective. The quhilkis answeris and securiteis,
for fulfilling, and keiping, and observing thairof, ar decernit
and ordanit be the Quenis Grace and thrie Estaitis of Par
liament to be registrat in the buiks of Parliament ad per-
petuam rei memoriam. And thairfore the said James Archi-
bischope of Glasgow, James Commendatare of Sanct An-
drois, George Lord Seytoun, and Johnne Erskin of Dun,
foure of the commissionaris foirsaidis, for thame selfis, and
in name and behalf of thair saidis colleigis, desyrit and
desyris the Quenis Grace and Regent of this Realme, and
thrie Estaitis thairof, to declare, be Act in this present
rynnand Parliament, gif thai dewlie and detfullie hes per-
formit thair Commissionis, Articlis, and Instructionis gevin
unto thame, berand, as said is, efter the forme and tennour
of the samyn in all poyntis ; and sua being fundin, thai and
thair colleiges before reheirsit to be exonerit and dischargit
thairof. Quhilkis Commissionis, Articlis, and Instructionis,
with the answeris and securiteis thairof, reportit be the saidis
Commissionaris, berand as is particularlie above exponnit,
being harde, sene, red, understand, and thairwith maturlie
and degestlie awysit ; the Quenis Grace Dowriare and Re
gent foirsaid, and the thre Estaitis of Parliament, findis and
declaris the saidis Commissionaris abovewrittin, and thair
colleigis, hes dewlie and detfullie compleitit and performyt
the haill contentis of thair Commissionis, Articlis, and In
structionis gevin unto thame, and hes ressavit detfull and
dew answeris, and sufficient securiteis, for fulfilling, keiping,
and observing thairof; and hes satisfyit thair said Commis
sionis, Articlis, and Instructionis foirsaidis, in all poyntis
eftir the forme and tennour of the samyn. And thairfore
hes exonerit and dischargeit, and exoneris and dischargeis
the saidis Commissionaris, and every of thame, hevand det
fullie and dewlie done thair offices in that parte, for now
and evir. XI. — CONTRACT OF MARRIAGE, ETC.1
Tres hault, tres excellent et tres puissant Prince, Henry
1 Records of Parliament.— [Acta Pari. Scot, folio, vol. ii. p. 51 1-514.— E.]
23

354 APPENDIX. [book I.
par la grace de Dieu Roy de France, tres haulte, tres excel-
lente et tres puissante Princesse Catherine par la mesme
grace Royne de France, Et tres hault, et tres excellent
Prince Francois Daulphin de Viennois leur filz aisne* d'une
part; et tres haulte et tres excellente Princesse Marie aussy
par la grace de Dieu Royne d'Escosse, haulte et puissante
Dame Anthoinette de Bourbon, Duchesse Douairiere de
Guise ayeulle maternelle de la ditte Dame Royne d'Escosse,
tant en son nom que comme Procuratrice de tres haulte et
tres excellente Princesse Dame Marie de Lorraine a present
Royne Do uairiere Regente au Royaume d'Escosse sa fille ;
et les reverendissime et reverends Peres en Dieu Jacques
Archevesque de Glasgow, Robert Evesque des Orchades,
nobles et puissans Seigneurs George Comte de Rothesse,
Gilbert Comte de Casselles, Jacques Prieur Commendataire
du Prieure' Conventual de St Andre, Jacques Seigneur de
Flemyng, George Lord de Seton, et Jean Erskin Sieur de
Dun, pour et au nom des Estats du Royaume d'Escosse
d'aultre part, ont este" presens en leur personnes, disant les
dits Seigneurs et Dame Roy et Royne, que les considerations
et amitiez de tout temps establies et continues entre les
Royaumes de France et d'Escosse, estoient notoires cognues
a, un chascun, et en estoient les preuves si manifestes, et les
demonstrations tant certaines qu'il n'est possible de plus,
dont s'est accreue l'entiere et parfaicte benevolence que se
sont naturellement porte* lez Roys des dits Royaumes de
France et d'Escosse qui ont regne jusques a present, les
quels ont toujours estime' les affaires propres des ungs estre
communes aux aultres, jusques a, avoir des et depuis huict
cens ans en ca, voulu suivre et courir une mesme fortune,
non seulement en temps de paix, mais aussy aux plus grands
perils et hazards de la guerre. Pour l'entretenement et ac-
croissement de laquelle amitie, deffunct de bonne et louable
memoire le Roy Francois dernier decede', que Dieu absolve,
auroit donne' en mariage sa fille aisnee, a feu de bonne me
moire Jacques cinquiem Roy d'Escosse ; et estant le mariage
dissolu par la mort de sa ditte fille voulant renouveller ceste
alliance, et a tousjour continuer leur commune et parfaicte
amitie, luy auroit depuis donne" en mariage la susdite Dame
Marie de Lorraine a present Royne Douairiere et Regente
en Escosse, duquel mariage seroit issue la Royne du diet

BOOK I.] APPENDIX. 355
Royaume d'Escosse a present regnant ; et advenu le deces
du diet Roy Jacques, le Roy continuant et succedant en la
devotion du feu Roy Francois son pere auroit prins en sa
protection ledit Royaume d'Escosse lors invahy, infests et
assailly par les Anglois anciens et communs ennemis de l'un
et de 1 aultre Royaume, et pour empescher que la ditte Dame
Royne d'Escosse estante lors delaiss^e ez premiers ans
de son enfance, ne tombast en leur mains et puissance, elle
auroit este du consentement de la ditte Reyne Douairiere sa
mere, et des Estats dudit Royaume d'Escosse ammenee en
son enfance en ce Royaume, en intention et propos d'en faire
mariage, au jugement d'un chascun grandement sortable,
avec mon dit Seigneur le Dauphin leur fils aisne" ; depuis
lequel temps la ditte Dame Reyne d'Escosse auroit prins
telle nouriture aupres de la Reyne, et avec rage seroit telle-
ment accreue en bonnes moeurs, louables et recommendables
vertus, que les dits Seigneur et Dame Roy et Reyne voyant
a present mondit Seigneur le Dauphin et elle avoir atteint
Page competant et capable, auroient este plus que deuant
meuz et incitez a advancer la perfection et consommation de
leur mariage, a, laquelle fin seroient venuz et passez en ce
Royaume les Seigneurs dessus nommez commis et deputtez
des Princes et gens de trois Estats dudict Royaume d'Es
cosse, et sondez de pouvoir et procuration suffisant quant a,
ce : Dont les copies seront inferees en la fin de ces presentes
lesquels auroient receu en grand honneur le bon plaisir des-
dits Seigneur et Dame Roy et Reyne requis, consenty et ac-
corde icelluy mariage suivant le traitte' cy deuant fait a
Hadington le septieme Juillet mil, cinq centz, quarante huict.
Lequel a este par les partyes respectivement approuve et
ratifie ; et apres amplement confere selon leurs charges et
instructions avec la ditte Dame Reyne d'Escosse leur Souve-
raine, et entendu son vouloir et intention, ensemble l'advis
de la ditte Dame Duchesse Douairiere de Guise, avec laquel
ils se seroient de puis assemblez en presence de tres hault et
tres excellent Prince Antoine par la grace de Dieu Roy de
Navarre, de Messeigneurs les Cardinaux de Lorraine, de Sens,
Garde des Sceaux de France, de Chastillon et de Guise,
Monseigneur le Due de Guise, Monsieur le Mareschal de
Brisac, du Sieur du Mortier, des Archevesque de Vienne et
Evesque d'Orleans, et du Sieur d'Avanson Conseillers au

356 APPENDIX. [book I.
conseil Prive" de sa Majeste, et par elle commis et deputtez
pour traitter dudit mariage, pour 1'accomplissenient duquel
ont este concluds et arrestez les traictee, promesses et pac
tions qui s'ensuivent.
C'est scavoir que mondit Seigneur le Daulphin prendra la
Reyne d'Escosse pour Espouse, et par luy de mariage. Et
la Reyne d'Escosse prendra a mary et Espoux mondit Seig
neur le Daulphin solemnellement en face de Sainte Eglise
dimanche prochain, vingt quatriesme jour de ce present mois
d'Avril, et seront uns et communs comme Prince et Prin
cesse de leur qualite doivent et ont accoustome' d'estre en
tous biens et choses esquelles communaulte' peut estre et
escheoir, par les loix et statuts de France. En faveur du
quel mariage les dits Seigneur et Dame Roy et Reyne, et
mondit Seigneur le Dauphin de l'auctorite du dit Seigneur
Roy, ont constitue a. la ditte Reyne d'Escosse douaire de
soixante mil livres Tournois, au cas que mondit Seigneur le
Daulphin vienne a la Couronne et predecedast estant Roy
de France, ou autre tel et plus grand douaire que se trouvera
avoir este" bailie' a la Reyne de France, au choix et election
d'icelle Dame Reyne d'Escosse, et au cas quil predecedast
estant Daulphin, trente mil livres Tournois, le tout de rente
et revenu par chascun an en assiette commune et convenable,
lequel douaire ont de"s a. present assis et assign e^ enet surla
Duche", Comte, terres et seigneuries de Touraine et Poictou,
et de proche en proche pour jouyr par la ditte Dame Reyne
d'Escosse, par ses mains ou de ses gens et officiers sitost
que douaire aura lieu, sans autre interpellation et denonci-
ation dont a cest fin des a present comme des lors, et des
lors comme des a present elle sera et est par ses presentes
saisie, selon toutes voyes revaluation qu'en sera faitte le
douaire escheant, a, la charge de la retranche, si plus lors
valient les dittes terres, et de l'augmentation de proche en
proche si moins elles valient, et ce avec tous droits de pre
sentation, nomination, et collation respectivement, des bene
fices, offices, et aultres profictz, revenus et. emoluments de-
pendans des terres et seigneuries de Touraine et Poictou, et
aultres terres qui lui seront baillees de proche en proche,
tout ainsy et en la forme et maniere qu'en a dernierement
jouyapareil tiltre la feu Reyne Leonor Douairiere de France,
et a le Roy promis qu'il entertiendra bien et honnorable-

BOOK I.] APPENDIX. 357
ment mondit Seigneur le Dauphin, et la ditte Dame Reyne
d'Escosse, de sorte que la Reyne Douairiere Regente et les
Seigneurs des Estats d'Escosse auront occasion de contente-
ment, dont les Deputez des Estats dessus nommez se sont
contentez par le commandement de la ditte Reyne d'Escosse
leur Souveraine.
Et a este" accorde qu'au cas que la ditte Reyne d'Escosse
survive mondit Seigneur le Dauphin, elle pourra demeurer
en France, ou retourner en son Royaume avec ces serviteurs
et officiers a son choix et option, et se marier comme elle
verra bon estre par l'advis de ses Estats d'Escosse et s'em-
portera ses deniers, vaisselle, bagues, joyaux, habillemens,
meubles pretieux, biens et autres choses que les Reynes de
France doivent et ont este' accoustome d'avoir apres le
trespas des Roys de France leurs maris, et jouyra de ses
droicts et assignaux soit qu'il y ayt enfans ou non.
Plus a este" accorde qu'au cas que du mariage procede
hoir ou hoirs masles, raisne" ou qui representera l'aisne
aveque le Royaume de France succedera au Royaume d'Es
cosse, et prendra les armes des deux Royaumes liez ensemble
et soubs mesme Couronne, et si d'icelluy mariage n'y a que
fille ou filles, l'aisnee ou qui representera l'aisn^e succedera
audit Royaume d'Escosse, et sera mariee tant par l'advis du
Roy de France que sera lors, que de trois Estats du diet
Royaume d'Escosse ; et neantmonis, lesdits Seigneur et
Dame Roy et Reyne, et mondit Seigneur le Daulphin ont
veulu et promis, tant pour eux que pour leurs successeurs
que la fille que sera ou representera l'aisne'e ayt en autre en
dot et mariage la somme de quatre mil cens ecus soleil, et
chascune des puisnees trois cens mil ecus soleil, et ce pour tous
droits successifs qu'elles pourroient pretendre ez biens pater-
nels et ceux de leur ayeul ou ayeulle : moyennant lesquelles
choses et chascunes d'icelles, les Seigneurs deputtez cy des
sus nommez, ont promis et se sont obligez de faire et prester
du nom des Estats d'Escosse incontinent apre's le mariage
solemnise, le serment de fidelite a mondit Seigneur le Daul
phin a cause de la ditte Royne sa Compagne et Consort, leur
Souveraine durant et constant leur mariage, et en ce respect,
les servir, obeyr, et honnorer, ensemble I'hoir, issu et procre'e'
du mariage auquel adviendra le Royaume d'Escosse, tout
ansy comme ils et leurs predecesseurs ont loyallement servy

358 APPENDIX. [book I.
et honors' les nobles progeniteurs et antecesseurs de la ditte
Reyne d'Escosse.
Et si a estd accorde par le Roy et par la ditte Dame
Royne d'Escosse, que mondit Seigneur la Dauphin portera
le nom et tiltre de Roy d'Escosse, et portera ses armes
escartellees avec celle d'Escosse, et advenant qu'il fust Roy
portera les tiltres et armes des deux Royaumes liez soubs
mesme Couronne. Toutes lesquelles choses et chascune
d'icelles les comparans et chascun d'eux ez noms que dessus,
ont promis et jure en leur foy respectivement et chascun
endroit foy, tenir, observer et accomplir selon leur forme et
tenur sans y contrevenir aucunement, soubs l'obligation et
hypotheque de tous et chascun leurs biens presens et a venir :
et pour l'execution de ces presentes en attendant la solem
nization du mariage en face de sainte Eglise, mondit Siegneur
le Dauphin de sa pure et franche volonte, du gre vouloir et
consentement des dits Seigneur et Dame Roy et Royne ses
pere et mere, et deuement auctorise dudit Seigneur Roy a
des present, prins et prend par parolles de present la Reyne
d'Escosse a. femme, Espouse et compaigne legitime, et par
semblable la ditte Reyne d'Escosse de sa pure et franche
volonte, et par l'advis de la ditte Dame Duchesse Douairiere
de Guise, et des deputtez de ses estats ez noms que dessus
a ce presens et assistans, a prins et prend par parolles de
present mondit Seigneur le Dauphin pour son Seigneur, Mary
et Espoux legitime, et ont toutes les partyes accorde- ces
presentes (qui seront expedites doubles) etre misses ez tres-
ors des Chartres de chascun des Royaumes, apres avoir este
registries ez registres de la Cour de Parlement et Chambre
de Comptes de Paris, et au Conseil du Senat d'Escosse:
et pour plus grande approbation les ont signe'es doubles de
leurs mains, et ont voulou et accorde* respectivement fcelles
estre receuees, passees et expidees, et delivres a chascune
des parties par nous subsignez Notaires et Secretaires de la
Couronne de France signants en estats et commandemens :
a ce presens et assistans tres haults et tres puissans Princes,
Messeigneurs Charles Maximilian Due d'Orleans, Alexander
Edouard Due d'Angouleme fils du Roy, tres haultes et tres
excellentes Princesses Mesdames Elizabeth et Claude filles
du Roy, Madame Marguerite soeur du Roy, Duchesse de
Berry, et tres haults et tres puissans Prince et Princesse

BOOK I.] APPENDIX. 359
Anthoine et Jeanne par la grace de Dieu Roy et Reyne do
Navarre ; Messieurs les reverendissimes Cardinaux de Lor-
rainne et de Bourbon, de Sens, Garde des sceaux de France,
de Chastillon et de Guise ; tres hault et tres puissant Prince
Monseigneur Charles Due de Lorraine et de Bar, Messieurs
les Princes de Conde, Dues de Guise, de Nemours, de Nevers,
d'Aumalle, et Comte d' Arran ; Mesdames la Duchesse de
Touerville, Princesse de Conde, de St Paul, de Guise, de
Nevers, d'Aumalle et de Valentinois, et autres Dues
Seigneurs, Chevalliers de l'ordre, et gens du Conseil prive
du Roy. Mr Anthoine Minard, President en la cour de
Parlement a, Paris, Curateur de la ditte Dame, Mr Yves
de Rublay Garde des sceaux de la ditte Dame, et autres
de son Conseil. Faict a, Paris le dixneufieme jour d'Avril
1558.

Commission by the Estates of Scotland to certain of their num
ber to go into France, there to negociate the marriage qf the
young Queen Mary with the Dauphin.1
Universis et singulis prsesentes inspecturis, nos Praelati, Pro-
ceres et Communitates totius regni Scotiae status, Salutem.
Vobis notum esse volumus et attestamur, nos prsesentium
vigore et serie facere, constituere et solenniter ordinare
reverendissimum et reverendos in Christo Patres et Domi-
nos, Jacobum Archiepiscopum Glasguensem, Davidem Epis-
copum Rossensem,2 serenissimae Dominae nostras Reginse Se-
cretarium primarium, Robertum Episcopum Orchadensem,
nobiles et potentes Dominos Georgium Comitem a, Rotheys,
Dominum Lesly, Gilbertum Comitem a Cassillis, Dominum
Kennedy, dictse serenissimae Dominae nostrae Thesaurarium,
Jacobum Commendatarium Sancti Andreae, Jacobum Domi
num de Flemyng, Georgium Dominum de Seytoun, et
Joannem Erskin de Dune, nostros legitimos irrevocabiles
Procuratores, Commissionarios, et Mandatarios speciales et
generates, cum potestate iisdem nostris Commissionariis et
eorum quibusvis sex, quinque aut quatuor conjunctim, pro

1 Records of Parliament.— [Acta Pari. Scot, folio, vol. ii. p. 514.— E.]
2 [David Paniter or Panter, Bishop of Ross, Secretary of State.— E.]

360 APPENDIX. [BOOK I.
nobis et nostro nomine, cum Christianissimo et potentissimo
principe, Henrico Galliarum rege, et serenissimo Delphino
ejus filio primogenito, aut cum aliis quibuscunque illorum
auctoritate legitima et potestate ad haec suffultis, diebus et
locis congruis in oppido Parisiorum, aut alibi ubivis intra
regnum Galliae, de et super universis rebus, punctis, articulis,
modis et circumstantiis, quae sponsalia, nuptias et matrimo-
nium inter illustrissimam et serenissimam Dominam nostram
Mariam Reginam Scotorum, et serenissimum Delphinum
Franciae praefatum, contrahendum, ineundum, celebrandum
et consummandum, quovis modo concernere poterunt, aut
ed de jure videbuntur spectare, conveniendi et diffiniendi :
nee non super eisdem sponsalibus, nuptiis et matrimonio
accessoriis, dependentiis et appendicibus earundem, omni-
busque solemnitatibus, circumstantiis et modis, qui in hujus
modi fieri solent, aut consueverunt, aliisque rebus omnibus
et singulis, quae rempublicam regni Scotiae, leges, jura, liber-
tates, immunitates et privilegia ejusdem concernunt, aut
quoquo modo tangunt : nee non super antiqua inter haec
regna necessitudine, foedere, amore, benevolentia, conjunc-
tionibus et amicitiis, tractandi, consentiendi, concludendi et
consummandi ; et generaliter universa alia et singula rem
publicam regni Scotiae, leges, jura, privilegia, libertates et
immunitates ejusdem concernentia, et tangentia, agendi,
exercendi, et procurandi : Firmum ratum et gratum per-
petub habituri quicquid per Commissionarios nostros hujus
modi, aut eorum sex, quinque aut quatuor conjunctim actum,
seu gestum fuerit in praemissis, sub pignore et hypotheca
bonorum nostrorum omnium mobilium et immobilium, pras-
sentium et futurorum. In cujus rei fidem, has literas nostras
commissionis chirographis sex praecipuorum unius cuj usque
Ordinis signatas, sigillis eorundem vice et nomine nostrorum
omnium fecimus corroborari in oppido Edinburgi, die de-
cimo quarto mensis Decembris, anno Domini millesimo quin-
gentesimo quinquagesimo septimo. James Hammiltoun;
Joannes, Archiepiscopus Sancti Andreae ; George, Erll
of Huntly ; ARCHIBALD, Erll of Argill ; R. Dunkcll ;
Patricids, Moraviensis Episcopus ; Wilelmus, Episcopus
Aberdonensis; Andreas, Candidae Casae Episcopus; George,
Erll of Erroll ; James, Erll of Bothwell ; David, Erll of
Crawfurd ; W. Episcopus Dumblanensis ; Robert For-

BOOK I.] APPENDIX. 361
rest, Provost of Sterling ; James Haliburton, Provost of
Dunde ; Thomas Menziis, Provost (he was Provost of
Aberdeen) ; James Danielston, Provost, Lynlytgow ;
Jacques Makgill, Registrarius ; Guthrie, Scriba curias
Burgi de Edinbourg ; Eldar, Scriba de Pert.
The Queen's Commission to the same persons, to act for her in
the intended Marriage.1
Maria, Dei Gratia Regina Scotorum : Universis et singulis,
praesentes nostras literas visuris, lecturis et audituris, Salu-
tem. Quandoquidem cum pupillarem adhuc setatem agere-
mus in parlamento, seu concessu trium Ordinum regni nostri,
habito Hadintonae, septimo Julii, anno Domini millesimo
quingentesimo quadragesimo octavo ; comparens quondam
honorabilis vir Andreas Dominus Montallembert et Dessy,
ac navalium Galliae praefectus locum tenens generalis exrer-
citus Christianissimi Regis Galliarum, nostri patris, in regno
nostro militantis, ejusque Commissionarius specialis exposuit
et declaravit, Christianissimum pro singulari quadam affec-
tione et amore, quo ipse erga rempublicam regni nostri et
nos afficiebatur, subsidium militum non modicum tunc misisse,
majus etiamnum brevi postea missurum si opus esset, ut
nobis ad reprimendum nostros antiquos et veteres hostes
opportunum videretur. Et deinde idem Dessy nomine,
mandato et vice dicti Christianissimi, quo vivo, ut perfectius
et pignus insolubile Beternae amicitiae et fcederationis regno-
rum verisimilius permoneret, ac ut honori perpetuo et coin-
modo utriusque populi consuleretur, petiit nuptias nostras
serenissimo Delphino Franciae, utque nos illi quam primum
per aetatem liceret, matrimonio jungeremur, postulavit ; et
quia petitione hujusmodi sic in praesentia nostras clarissimaa
matris Dotariae regni, et domini Doysel Oratoris Christian
issimi, ea tempestate in Scotia agentis facta, illustris Prin
ceps et consanguineus noster Jacobus Comes Arranite, nos-
ter et regni tutor, cum consensu trium ordinum seu statuum
dicti nostri regni anuuerint, et ut eadem suum effectum
sortiretur quum primum nos ad aetatem maturam pervenis-
semus, consenserunt eodem sub modo et forma, quo in acto
1 Records of Parliament.— [Acta Pari. Scot, folio, vol. ii. p. 513.— E.]

362 APPENDIX. [book I.
ejusdem Parlamenti, super hoc edito plenius enarratur, et
insuper quia iidem tres ordines nostri regni per literas Chris
tianissimi, haud ita dudum certiores facti, intellexerunt Del-
phinum Franciae earn jam aetatem attigisse, qua matrimo-
nium hujusmodi consummare de jure posset, et ob id Chris-
tianissimum desiderare, ut quidam praecipui viri nostrorum
ordinum designentur, qui sponsalibus, nuptiis et matrimonio
nostris in hujusmodi interesse debeant, authoritate Hgitima
et potestate conjuncti, ad nostro nomine tractandum, con-
sentiendum et concludendum super punctis, articulis, modis
et conditionibus in hujusmodi requisitis et consuetis : Nos
igitur praesentium tenore et serie facimus, creamus et ordi-
namus nobilissimam, illustrissimam et potentissimam Antho-
niam a Borbonio, Dueissam a Guysia aviam nostram charis-
simam, reverendissimum et reverendos in Christo Patres,
Jacobum Archiepiscopum Glasguensem, Davidem Episco-
pum Rossensem Secretarium nostrum primarium, Robertum
Episcopum Orchadensem, dilectos consanguineos nostros
Georgium Comitem a Rothes. Dominum Lesley, Gilbertum
Comitem a Cassillis, Dominum Kennedy, Thesaurarium nos
trum, Jacobum Commendatarium Prioratus Sancti Andreaa,
Jacobum Dominum Flemyng, Georgium Dominum de Sey-
toun, et Joannem Erskinum de Dun ; cum potestate iisdem
viris commissariis, et eorum quibusvis sex, quinque aut qua-
tuor conjunctim, pro nobis et nostro nomine, cum Christian-
issimo Patre nostro Galliarum rege, et serenissimo Delphino
ejus filio primogenito et aliis quibuscunque illorum, auctori-
tate legitima et potestate sufficienti, diebus et locis congruis
in oppido Parisiorum, aut alibi ubivis intra regnum Galliae,
de et super universis rebus, punctis, articulis, modis et cir
cumstantiis, quae sponsalia, nuptias et matrimonium inter
nos et Delphinum Franciae contrahendum, ineundum, cele-
brandum et consummandum quovis modo concernere pote-
runt, aut eo de jure videbuntur spectare, conveniendi et
differendi : Nee non super iisdem sponsalibus, nuptiis et
matrimonio accessoriis, dependentiis et appendicibus eorun-
dem, omnibus solemnitatibus, circumstantiis et modis, qui in
hujusmodi fieri consueverunt, aliisque rebus omnibus et sin
gulis quae rempublicam regni nostri, leges, jura, libertates,
immunitates et privilegia ejusdem concernunt, aut quoquo-
modo tangunt : Nee non super antiqua inter haec regna

BOOK I.] APPENDIX. 363
necessitudine, fcedere, amore, benevolentia, conjunctionibus
et amicitiis tractandi, consentiendi, concludendi et consum-
mandi ; et generaliter universa alia, et singula faciendi,
gerendi, exercendi, et utendi, quae in praemissis, et circa ea
necessaria fuerint, seu quomodolibet opportuna. Ratum et
gratum habentes et habituras totum id, et quioquid dicti
nostri Commissionarii, et eorum quicunque sex, quinque aut
quatuor conjunctim, pro nobis et nomine nostro, in praemissis
rite duxerint faciendum. In cujus rei fidem et testimonium,
praesentibus manu nostra subscriptis magnum sigillum nos
trum apponi fecimus, apud castrum Fontis Bleandi, die de-
cima sexta mensis Martii, anno Domini millesimo quingen-
tesimo quinquagesimo septimo.
XII. — OATH OF FIDELITY BY THE SCOTTISH COMMISSIONERS,
IN NAME OF THE ESTATES OF SCOTLAND, TO THE DAUPHIN
OF FRANCE AS KING OF SCOTLAND, ETC.1
Atous ceulx, qui ces presentes lettres verront scavoir sai-
sons, que nous subsignez Ambassadeurs, Commis et De
puttez des trois Estats du Royaume d'Escosse, pour les
conventions, pactions et accords du mariage a present con
tracts, celebre, et solemnise entre tres illustre et tres excel
lent Prince, Roy d'Escosse Dauphin de France d' une part,
et tres haute et tres excellente Princesse la Reyne d'Escosse,
Dauphine de France d'autre part, avons fait et preste
faisons et prestons pour et ez noms des dits Estats d'Escosse,
le serment de fidelite sur lesJSaintes Evangiles audit Seigneur
Roy Dauphin, a cause de la ditte Dame Reyne Dauphine
nostre Soveraine son Espouse et Compaigne, et en ce respect
promettons et obligeons ez dits noms le servir, obeyr et
honnorer, durant et constant ledit mariage, ensemble I'hoir
issu et procree d'iceluy mariage auquel aviendra le Royaume
d'Escosse, tout ainsy comme nous et nos predecesseurs ont
loyauement servy et honnore- les nobles progeniteurs et
antecesseurs de la ditte Dame Reyne d'Escosse nostre
Souveraine. Et pour attestation, et plus grande approba
tion de ces presentes, nous les avons signez de nos signes
manuels, et scellees de nos sceaux, ce jour d'huy vingt
1 MS. Lawyers' [Advocates'] Library [Edinburgh.]

364 APPENDIX. [book I.
huictiesme jour d'Avril, mil cinq cens cinquante huict,
Estant au Chasteau du Louvre, en la chambre de la ditte
Dame Reyne Dauphine a Paris. En la presence de Nosseig-
neurs le Cardinal de Lorraine, le Cardinal de Sens garde de
sceau de France, le Seigneur Due de Guise, le Sieur d'Urfe,
et plusieurs autres Seigneurs, Dames et Damoiselles. Ja.
Archiepis. Glasguensis. Ro. Orchadensis Episcop. Ja.
Commend. Su Andrea?. Fleyming. Seton. J. Erskyn.
Nota. — By reason that the following Letters, &c. consist pro
miscuously of matters relating to the Numbers xiii-xxi.
of the Appendix, therefore it was thought expedient to
insert them here all together.
XIII, XIV, XV, XVI, XVII, XVIII, XIX, XX, XXI. — A LETTER
FROM SIR HENRY PERCY1 CONCERNING THE AFFAIRS OF
SCOTLAND.2
After my right humble commendations, this shall be to
let you understand that I have conferred with the Duke of
Chatterlerault, otherwise called the Governor of Scotland,
whom I do find oi*e much desirous of the amity and friend
ship of England, with a great number of the Nobility of
Scotland, as his friends and others.
First, I did break with him what injury he was like to
receive for his title of the Crown, by the mariage with France:
Who answered, That he could take no damage so long as
the title were not present in his hand, but that if it should
so chance the right to fall unto him, he doubted not but his
friends would, with their lives and goods, defend his title
against the French King if he would attempt it, and trusted
to have the Queen our Mistris's favour in the same.
Secondarily, I declared unto him that by means of the
forts and strengths that they had suffered the French to
possess, they were not able to make resistance against them
but lived under their thraldom ; so that if they minded any
displeasures to the French for the saving of their inheri
tances, being under the governance of their strengths, they
durst not attempt any thing to them prejudicial : So that

1 [Afterwards eighth Earl of Northumberland. — E.]
Cotton Library, and Lawyers' [Advocates'] Library [Edinburgh.]

BOOK I.] APPENDIX. 365
I could not see if the Queen our mistris were minded to
assist them, that it would be any thing beneficial to them.
To this he answered,
That as for the forts they had in their hands, it was not
greatly material, first, considering they were not able to
maintain these places without victual, munition, and other
necessaries, which could not be had but by their assistance.
Therefore, to have the strengths and forts of a realm, and
not a country to maintain them withal, they would in short
time be more weary of the keeping of these places than
they annoyed these maintaining there. So that they doubted
not but that they would be glad to have a safe-conduct to
depart ; and principally, if that the Queen of England would
assist the Nobility of Scotland, there was not that fort in
their hands but in short time they would be glad to render
it, or at least wise by force to leave it.
Thirdly, I declared unto him that I could not understand
by what means it were possible that the Queen our mistris
would or could assist them of Scotland, considering the wars
that lately were levied by them, and the maintenance of the
French, our Queen's enemies, who be daily annoyers unto
our Realm, and likely to oppress and put you to ruin.
To the which he answered, I confess very well these wars
betwixt us and your Realm were begun by our Queen
Dowager of Scotland, and some Nobility who would seem
for to follow the Queen's mind therein, partly trusting for
to have recompence for the same, and some others, for
mere flattery, provoked her to that folly, but if you will
call to remembrance what little attempts have been offered
by us the chief of Scotland, as for example, at our last
army, which should have been for the winning of Wark,1 you
understood and knew it very well, although the Queen in the
pain of our allegiance had commanded us to come to the
frontiers, which we could not of duty have denied, and then
coming hither unto the frontier, it was proponed to us, that

1 [The castle of "Wark, in the parish and barony of "Wark, on the west
side of the river Tyne, in Northumberland, near Coldstream. It was
several times taken and destroyed by the Scots. George Buchanan, who
was present as a soldier at the siege of Wark Castle in 1523, gives a de
scription of it in his " History" (Book xiv. 22), which Pinkerton justly
observes " may be applied to Norman castles in general."— E.]

366 APPENDIX. [book I.
we should attempt the winning of Wark, and the invasion
of England, which at that time we knew very well you were
not provided nor furnished for us ; yet answered we the
whole Nobility, that to defend our country we were there,
and would spend our lives, but for the attempting of any
thing in England, or invasion of the country, we would not
do, not understanding by whom, or for what cause, the wars
were begun. Wherefore our Queen dispersed her camp in
great choler, and partly against her honour. Therefore,
may you see what minds we have of ourselves to do you of
England any annoyance. And since that time, you know
we have not attempted any thing towards your Realm.
Fourthly, I said, My Lord, as I have not authority to
debate or resolve of those weighty affairs, yet for the good
zeal I bear unto my country, and wish the unity and peace
amongst Christians, in my opinion it were a goodly matter
to have assured friendship, in what subjection our Realm
was in, by our late marriage with the King of Spain, and
what inconveniences did follow, as by the intangling us in
wars and other like things, and in like case your Realm,
which at this present is not void of the like incumbrance,
as now ours clearly is ; methinks in mine opinion it were a
goodly matter if it could be so brought to pass, that you
might be clearly out of the subjection of France, and to
leave, as you have done heretofore, as a Realm of yourselves.
To the which he answered, As for the incumbrance that
you had by your marriage, and now presently we have, it
is a thing we would gladly were amended, and yet it is not
in our power, until such time as God hath sent the same
fortune unto us as hath light upon you, although we would
much rejoice if God would send us the same happ ; but as
for the Christian amity you would were betwixt our Realms,
you may be assured that you be no more desirous to have
an unity, peace and quietness betwixt these Realms than
we be. Therefore, if it can be devised by what means to
sett a tranquillity betwixt our two Realms, I and all my
friends shall be as much bent thereunto as if I were a sub
ject of England.
Fiftly, I said, My Lord, seeing God hath sent a true and
Christian religion amongst you, as now the same I doubt
not but shall take effect with us, how could it be better for

BOOK I.] APPENDIX. 367
the maintanance of God's word, to join with us of Eng
land, and we with you in such sort, that if the French
King, who is of the contrary, would attempt any thing
prejudicial to our Realm, and go about to bring your Realm
in such subjection, that of yourselves you could neither
command nor direct, that then we should be so confettered
together, that his folk were not able to attain to any thing
that unto us should not seem well ? The which he answered,
Sir Henry Percy, this is the first time that I have spoken
with you, but it is not the first conference that hath been
betwixt us by message ; and both for the House you are
come of, and the credit that all men have of you, I will speak
my fancy plainly unto. You shall perceive that if I should
attempt any thing against our Queen of Scotland, now being
heir, it were not possible that I should prevail, although I
have many friends, and moreover it should be a great "hin
drance to my * * Wherefore I will promise you, as
partly I have done heretofore, my friendship in these things ;
first, I would by no means for my part, that there shall any
war continue betwixt you and us ; secondly, If the French
King will enforce us to make any invasion upon you, it shall
not be done to his contentation ; thirdly, If there be any
attempts moved either to Barwick or your Realm of any
great importance, it shall be unto you certified, and if you
invade us, the French King having any power in Scotland,
we shall be glad to do our endeavour that you may have
advantage of them ; and lastly, If the means can be found
that there might be an abstinence taken betwixt us and you,
the French King shall not be able to break the same, if you
will so continue it ; Therefore, as I know it hath been moved
unto you the taking of an abstinence, I would wish the same
might take effect ; and as I have professed friendship to you,
you shall be assured of the continuance thereof unto the
uttermost of my power, and more than I will speak, if occa
sion shall serve.
And thus he willed me most earnestly. If I had credit
(as he supposed I had), that his lawful friendship should be
unto the realm of England known, both in the advancement
of the honour of the realm, the maintainance of the Word
of God, which hesupposeth shall be by the Queen's Majesty
sett forth ; also he requireth me, for the safeguard of his

368 APPENDIX. [book I.
honour, that his friendship and good-will might not be
known to any more than one, the which I thought I would
impart to you, most humbly desiring you to consider his
state and honour, and my poor honesty, which lieth only in
the secret usage of this matter. I doubt not but you will
let the Queen's Majesty understand the contents of this,
the which I would have done my self, if it had not been the
lack of uniform writing that is in me only, who have never
written to any so high and mighty Princess. And as for
my Espials, which be sundry, you shall understand that I
have had great conference with them of late, the whole sum
whereof is to the effect of an abstinence : So that it is too
tedious for me to make you understand the whole sum, but
as well as I can you shall perceive by this letter sent unto you
and Sir William Cecil. Thus I daily wish the increase of
your worship. From the Castle of Norham, the 22d of
Jany. 1558.
Memorial of Certain Points meet for the restoring of the Bealm
of Scotland to the ancient weale, written by my Lord Trea
surer — i. e. Cecil — with his own hand. 5th August 1559.
Imprimis, It is to be noted that the best worldly felicity
that Scotland can have, is either to continue in a perpetual
peace with the kingdom of England, or to be made one
monarchy with England, as they both make but one Isle,
divided from the rest of the world.
If the first be sought, that is, to be in perpetual peace
with England, then must it necessarily be provided that
Scotland be not so subject to the appointments of France
as it is presently ; which being an ancient enemy to England,
seeketh always to make Scotland an instrument to exercise
thereby their malice upon England, and to make a footstool
thereof to look over England as they may.
Therefore when Scotland shall come to the hands of a
mere Scotsman in blood, then may there be hope of some
such accord ; but as long as it is at the command of the
French, there is no hope to have accord long betwixt these
two Realms.
1 Cotton Library, and Lawyers' [Advocates'] Library [Edinburgh.]

BOOK I.] APPENDIX. 369
Therefore, seeing it is at the French King's command
ment, by reason of his wife, it is to be considered for the
weale of Scotland, that until she have children, and during
her absence out of the realm, the next heirs to the Crown,
being the House of the Hamiltons, should have regard
thereto, and to see that neither the Crown be impaired nor
wasted. And, on the other side, that the Nobility and com
monalty ought to foresee that the laws and old customs of
the realm be not altered, neither that the country be im
poverished by taxes, imprest, or new imposts after the man
ner of France ; for provision whereof, both by the law of
God and man, the French King and his wife may be moved
to reform their misgovernance of the realm.
And for this purpose, it were good that the Nobility and
Commons joined with the next heir of the Crown to seek
due reformation of such great abuses as tend to the ruin of
their country, which must be done before the French grow
too strong and insolent.
First, That it may be provided, by consent of the three
Estates of the land, that the land may be free from all
Idolatry, like as England is ; for justification whereof, if any
free general Council may be had, where the Pope of Rome
has not the seat of judgment, they may offer to shew their
cause to be most agreeable to Christ's religion.
Next, To provide that Scotland might be governed, in all
rules and offices, by the ancient Blood of the realm, without
either captains, lieutenants, or soldiers, as all other princes
govern their countries, and especially that the forts might
be in the hands of mere Scotsmen.
Thirdly, That they might never be occasioned to enter
into wars against England, except England should give the
cause to Scotland.
Fourthly, That no more Noblemen of Scotland should
receive pension of France, except it were whilst he did ser
vice in France ; for otherwise thereby the French would
shortly corrupt many to betray their own country.
Fifthly, That no office, abbey, living, or commodity, to
be given to any but mere Scotsmen, by the assent of the
three Estates of the realm.
Sixthly, That there be a Council in Scotland, appointed
24

370 APPENDIX. [BOOK I.
in the Queen's absence to govern the whole realm, and in
those causes not to be directed by the French.
Seventhly, That it be by the said three Estates appointed
how the revenue of the Crown shall be expended ; how much
the Queen shall have for her portion and estate during
her absence ; how much shall be limited to the governance
and defence of the realm ; and how many shall be yearly
appointed to be kept in the Treasury.
In these and such like points, if the French King and the
Queen be found unwilling, and will withstand this provision
for the weale of the land, then hath the three Estates of
the realm authority forthwith to intimate to the said King
and Queen their humble requests ; and if the same be not
effectually granted, then humbly they may commit the
governance thereof to the next heir of the Crown, binding
the same also to observe the laws and ancient rights of the
realm. Finally, If the Queen shall be unwilling to this, as it is
likely she will, in respect of the greedy and tyrannous afflic
tion of France, then is it apparent that Almighty God is
pleased to transfer from her the rule of the kingdom for the
weale of it ; and in this time great circumspection is to be
used to avoid the deceits and trumperies of the French.
And then may the realm of Scotland consider, being once
made free, what means may be devised through God's good
ness, to accord the two realms, to endure for time to come
at the pleasure of Almighty God, in whose hands the hearts
of all Princes be.
A Short Discussion of the Weighty Matter of Scotland.
August 1559. 1
Question, Whether it be meet that England should help
the Nobility and Protestants of Scotland to expell the
French, or no ?
That no. — 1. It is against God's law to aid any subjects
against their natural Princes or their ministers.
2. It is dangerous to do it ; for if the aid shall be no other
than may be kept in secrecy, it cannot be great, and so
1 Cotton Library, and Lawyers' [Advocates'] Library [Edinburgh].

BOOK I.] APPENDIX. 371
consequently it shall not suffice ; if it shall be open, it will
procure wars, and the end thereof is uncertain.
3. It may be doubted that when aid shall be given, and
money spent, the French may compound with the Scots, and
pardon that error, to join both in force against England ;
which is more easy to be believed, because they had rather
make a shameful composition with Scotland, than suffer it
to be rejoined and united with the Crown of England.
4. It may be doubted that to stay the progress of religion
against the See of Rome, the Emperor, the King Catholique,
the Pope and Potentates in Italy, the Duke of Savoy, will
rather conspire with the French King, than to suffer these
two Monarchies to be joined in one manner of Religion ; and
in this part may be doubted, that many, as well Scots as
English, that can like very well to have these two kingdoms
perfectly knit in amity, will not allow them to be knit in a
like religion.
That yea. — 1. It is agreeable both to the law of God and
nature, that every Prince and publick State should defend
itself, not only from perils presently seen, but from dangers
that be probably seen to come shortly after.
2. Nature and reason teacheth every person, politick or
other, to use the same manner of defence that the adversary
useth in offence.
Upon these two principles agreed, will evidently follow
that England both may and ought to aid Scotland to keep
out the French.
The Crown of England hath a just and unfeigned title, of
longer continuance than the friendship betwixt Scotland and
France, unto the superiority of Scotland, and for the right
thereof, it is as good, and in some respect better, than the
right of the French Queen to the realm of Scotland, as here
after shall appear. To prove the antiquity and continuance
of the right of this superiority, remain good, ancient, and
abundant stories ; and, which is the best proof, the authentic
and manifest writings under the Seals of Scotland, declaring
from age to age, from King to King, from Parliament to
Parliament, the homages done to the Kings of England by
the Kings of Scots, coming sometimes to York, sometime
to London, sometime to Lincoln, sometime to Canterbury.

372 APPENDIX. [book I.
By which title of superiority the Crown of England hath
upon differences decided the controversies, and appointed the
Crown of Scotland as to it was thought fit. And by this
title and dignity doth the French Queen, as Queen of Scots,
owe homage to the Crown of England ; and so consequently
ought the Crown of England to defend the liberties, the
laws, the Baronage, and people of Scotland from oppression,
and that in honour and conscience, no less than the Emperor
ought to defend the State of Milan or the kingdom of
Bohemia, being vassals to the Empire. And therefore, if it
may appear that the French King, by pretence of the mar
riage of an heir of Scotland, will alter the laws, liberties,
and customs of Scotland, and will subvert the lawful heirs
of the Scottish blood to the Crown, and deprive the Barons
and States of the realm of their inheritance, whereby the
French nation and blood may possess that land, then the
Crown of England is bound in honour and conscience to
defend and protect the realm of Scotland against the French.
And so doth the first question alter in the most principal
point ; for then is not the case betwixt subjects and a
natural Prince, but betwixt a superior King and a realm of
the one part, and an inferior King alone joining with
| strangers on the other part.
But beside this former reason, which resteth but upon a
right and honour, it followeth to consider how England
ought, even for the protection of itself from perpetual ruin and
subversion, see, and that with good speed that the French
be not suffered, by pretence of this particular disorder, to
bring their armies into Scotland. And in this part both
God and nature doth not only allow, but also move the
realm of England to look to this in time; for in these
cases, when it concerneth kingdoms, haud putarem cometh
too late.
To prove this, that England is in evident danger if pro
vidence be not used, are to be considered these things
following —
First, The disposition of the French to conquer and be
masters of England, I think is unknown neither to English
men nor to any of the Christian nations that knoweth
one nation from another. No man is so simple, that hath
read or remembred any stories, to think that that nation

BOOK I. APPENDIX.

373

hath any conscience in keeping or breaking of peace with
England. Next to this, it is too evident that they mean it, and of
necessity they must both mean it and follow it.
At the making of this last Peace, it was manifest how
they laboured to have had the Burgundians conclude a Peaco
without England ; and how insolent reasons they used in
that point, shewed what ground they meant to work. They
could most falsely say at that time, that they knew not how
to conclude a Peace with the Queen's Majesty, nor to whom
they should deliver Calais, but to the Dolphin's wife, whom
they took for Queen of England.
Before that, in the time of Queen Mary, what practices
had they in many places, both abroad and here in England,
to deprive the Queen's Majesty's title that now is, and to
set forth their own 5 Insomuch as, if God had not conferred
this Crown to the Queen's Majesty with a notable concord
of all States of the realm, it was well seen in France how
they meant to have set abroad their device. And too many
things there be to prove their burning desire to further this
their doings at Rome, in procuring the last Pope's Bull to
declare the Queen's Majesty illegitimate ; their practices
in Almain1 to set forth Eckin's2 works against the Queen's
mother ; their usurpation of the arms of England, first, in
their open Justs when the King was killed, and then conse
quently using the same in plate, and to despite the Queen's
Majesty's servants in the same plate wherein her Ambas
sadors were served, now also sent into Scotland ; the con
sultation also had upon the King's death, how this French
King should be proclaimed King of England ; which was
stayed by the wisdom of the Constable.
Yet nevertheless followed the ingraving of the same stile
in the Great Seal sent into Scotland, and in the treaty con
firmed with the King Catholique. This that they forbare to
do by proclamation, they do by paintings, gravings, writings,
and workings, so as it appeareth manifest what they would,
and what they covet. Beside this, how lightly they esteem

1 [Or Allemagne, meaning Germany. — E.]
2 [John Eck, Eckins or Echius, one of the most learned and able de
fenders of the Church of Rome in opposition to Luther, Melancthon, and
others. — E.]

374 APPENDIX. [book I.
the Queen's Majesty appeareth by their keeping of their
treaty, being bound and demanded to send a fourth hostage,
they have neglected it : and how dishonourably one of them
hath passed here with the killing of one of the Queen's
Majesty's subjects, doth appear too plain, and yet they have
seemed cunningly to be complainers, that is, to bite and to
whine like dogs or Frenchmen.
What good disposition the French Queen herself is of,
doth well appear by her own disdainful speech to diverse
persons, and amongst others to some of the Queen's Majesty's
own gentlewomen1 being in France.
Hitherto may appear sufficient arguments of the earnest
minds of the French towards this kingdom, which how mali
ciously it hath been set, former years have always declared,
when they made no pretence to this Crown ; and now how
this their malice is augmented and taken root by their false
pretended title, may easily appear to be such as the same
will never be stayed in them as long as the French Queen
liveth, or as long as any issue shall come out of her body ;
so that this quarrell now begun is undoubtedly like to be a
perpetual incumbrance of this kingdom.
And to manifest that it shall now in this time be put most
in use, it is to be considered at this present the Cardinal of
Lorrain and the whole House of Guise have the chief govern
ance, who only depend upon the Queen their niece, and have
nothing so much at heart as to advance her titles, wherein they
have long flattered themselves that to augment the Crown
of France with England by the same woman their cousin,
by whom they have gotten Scotland, shall be an immortal
fame to their House, and an establishment of the same.
Beside this, at this present the French King hath no
quarrel towards any other parts, being in peace with the
King Catholique,2 and having married his sister to him, who
1 Elizabeth Sands.
2 [Philip II. of Spain, who married Queen Mary of England, elder sister
of Queen Elizabeth. He was the son and successor of the Emperor
Charles V. The title of " Catholic Majesty" has been long hereditary to
the Sovereigns of Spain. Some date its antiquity from the sixth and
eighth centuries, others assert that Philip of Valois first bore the title.
Others, again, allege that it was first used by Ferdinand and Isabella, but
certain writers contend that Pope Alexander VI. merely renewed it to
those Sovereigns for expelling the Moors. — E.]

BOOK I.] APPENDIX. 375
also is too strong for him, and having also married with the
Duke of Savoy,1 and delivered to him his five towns, where
by also the entering of the French King into Italy is utterly
cut off; and therefore now resteth no place for the French to
bend wars upon, but upon Scotland and England or Ireland,
in which point is to be also remembered the practices which
they presently entertain by means of George Paris, who is
very lately gone into France with intelligence from certain
Lords of Ireland, wherein the Dowager of Scotland is a
party, and from her the said Paris went last into France.
It followeth, to consider how near these dangers be at
hand, and whether they be so far off as the same may be
deferred without present remedy.
True it is and likely, that as long as the Nobility of Scot
land shall be of greater power than the French, so long will
the French forbear the open invasion of England ; but as
soon as Scotland shall either yield of itself, or be compelled
for lack of power and ability to yield to the French, forth
with will the French employ both their own strength and
the power of Scotland against England.
And to understand how long it is likely for the Scots to
keep the upper hand is easily judged, if it be remembered
that the Scots of themselves, when they had a King of their
own to aid them, never came into the field with more than
fifteen days victual, neither could abide longer together, but
were forced to return and change their numbers ; so as the
way to overcome them is to prolong time, and not to fight
with them, but stand at defence ; and therefore, without
relief of money to pay them wages, they cannot endure long
in the field or in strength. So that it is most evident, that
without some relief, it will be no long time ere the Scots shall
be forced to leave off, whose end of necessity must be the
beginning of England, and so the sooner the one endeth, the
sooner the other shall begin.
Then followeth another, though no difficult question,
Whether it be meeter or more profitable for England to
continue the Scots in their strength and defence, than to
1 [Emanuel Philibert, Duke of Savoy from 1553 to 1580, son of
Charles III. Duke of Savoy. He acquired great military renown under
the Emperor Charles V.— E.]

376 APPENDIX. [book I.
leave them, and be at the charges of our own defence 2 In
continuance of the Scots, our people is spared, and our
country in peace ; only some treasure is to be spent. In our
defence, our people must be spent, our country spoiled and
wasted; and as to expence of treasure, ten times more to be
spent that way than the other. The easiest way to stand
upon defence must be to put into Berwick (which now hold-
eth but 2000) 3 or 4000 more ; and if it should come to a
siege, 10,000 will scantly suffice.
Beside this, the whole three Borders must be planted with
garrisons, which will not be done under 4 or 5000 men ;
and if the enemy shall approach with an army, which of
necessity he will do, having it transported into Scotland, and
so employ it to some profit, then must also an army of like
force be levied and kept there, if not to invade, yet to de
fend ; and what the charges thereof will be, if it last but
three months, is soon conjectured to be such as it will weary
both the Realm and the Crown. Furthermore, how at this
present England shall be able to furnish an army, is pitiful
to understand ; how void it is of such generals as either the
old Dukes of Norfolk,1 Suffolk,2 and the last Duke of North
umberland,3 is soon perceived ; how much people is of
late years wasted by death is well understood. Again, what
manner of army the French mean to have is already under
stood ; the Rhingrave is appointed already to levy 5000
Almains ; what the Duke of Saxe shall do is unknown ; and
for transportation of them means is already made with
the King of Denmark,4 whose friendship is sought with such
a bait as therewith he will soon be taken, that is, with
release of the title that Lorrain pretendeth to Denmark.
It may be said that England may also have Almains. It is
true ; but some chance may happen that they shall come too
late, and whensoever they come, they be unreasonably charge-
ful. The French have a great advantage at this present ;
1 [Thomas Earl of Surrey, attainted with his father, Sir John Howard,
the first Duke of Norfolk, but created Duke of Norfolk and Earl Marshal
of England in 1514. He commanded as Earl of Surrey at Flodden.— E.]
2 [Apparently Grey, Duke of Suffolk, forfeited in 1554. — E.]
b [John Dudley, Earl of "Warwick, created Duke of Northumberland
by Edward VI, and forfeited in life and honours on a charge of high
treason by Queen Mary in 1553.— E.]
* [Frederick II. from 1558 to 1588 King of Denmark.— E.]

BOOK I.J APPENDIX. 377
for they pretend outwardly to keep peace with us, and yet
they, under the pretence of this matter of Scotland, do daily
levy, press, and send soldiers into Scotland. And England,
upon colour of peace, doth not so much as talk how to be
defended ; and if it forbear until the French be in the field,
then is it easily perceived how late it will be to send for
succours out of Almain.
These things being but words, of peace, of war, of levying
of men, of arming, of victualling, of money, of munition,
and such like, move but as words may ; but when time shall
come (which Almighty God prolong), then will it move and
stir all good English bloods, some to fear, some to anger,
some to be at their wits' end.1

Sir William Cecil was the author of this Discussion, as he
calls it, and it is all written in his own hand.
At the beginning of this Paper there is a short note in
Sir Robert Cotton's hand, as follows —
" Notwithstanding that this month of August 1559 the
Treaty of Upsatlington, between the Queen of England and
Mary and Francis of Scotland, was made and confirmed,2
yet did she, as appears by this consultation in the hand of
Sir William Cecil her Secretary, continue her purpose of
aid and support to the faction in Scotland by Murray."
A Letter from Sir Balph Sadler and Sir James Croft to the
Council of England.3
Your letters of the 20th we received the 25th of this pre
sent, and have the same day received letters in cypher from
Randolph, which we have decyphered, and herewith send
you the copy thereof, praying you to let us understand the
Queen's Majesty's pleasure as .shortly as may be, what we
1 There is a very wide difference betwixt this Discussion, as contained
in Mr Crawford of Drumsoy's Collections MS. Lawyers' [Advocates']
Library, taken by that gentleman from the Originals in the Cotton Library,
and that copy of it as published by Bishop Burnet, Hist. Reform, vol. iii.
p. 283, Appendix, No. LIV. "Whence this disagreement should arise, I
cannot divine ; but perhaps I may afterwards be enabled to satisfy my
readers herein.
2 This Peace was made in the month of May, and confirmed in August.
Foedera Anglite.
3 Cotton Library, and Lawyers' [Advocates'] Library [Edinburgh].

378 APPENDIX. [book I.
shall answer touching their request of more aid of money,
wherein it seemeth we shall be much pressed. For other
occurrences, we understand by the messenger that brought
the said letters, that, likeas we wrote to you, there have been
divers skirmishes betwixt the Protestants and the French,
which daily do continue, with also night alarms, and divers
hurt and slain on both sides ; but Kircaldy1 hath no such
hurt as we wrote of, the bruit whereof did arise of another
Scotsman that was indeed hurt in the same sort as we did
write ; and before that, in the same skirmish, Kircaldy slew
a Frenchman, whereby the Protestants had the first blood,
which they do take for good luck. The Earl of Huntly
remains at home in his country like a wylie fox, but his
son, as they say, is coming to the Protestants with 400
horsemen, and James Macconnel, whom the Regent here
tofore stirred against the Earl of Argile, is also coming to
them with 700 footmen. The Earl of Morton lyes at his
house of Dalkeith, within four miles2 of Edinburgh, and
sometimes repaireth thither, of whom the Protestants make
a certain account to be theirs. We intend, because we
will understand their doings more certainly, to send Mr
Drury secretly to Edinburgh to some trusty man, by whose
means he shall see what they do ; and have given him
instructions to view Leith, and as he shall see occasion
to give advice to our secret friends, how they may at best
advantage assault the town, wherein we suppose him to
have good understanding. We have presently written to
Randolph,3 requiring him to declare to the Lords of the
Congregation what aid is now coming out of France Damp-
martin ; and so have we not letted sundry times heretofore,
by such means as we could, and also by special letters to
Randolph, to admonish them of such power as from time to
time we understood was coming against them ; first, with
the Marquis d'Elbeuf, and next with the Duke d'Aumail ;
1 [Sir "William Kirkaldy of Grange.— E.]
2 [Dalkeith is six British miles from Edinburgh. The Castle of Dalkeith,
which occupied the site of the present Dalkeith House, the seat of the
Duke of Buccleuch, was then the property of the Earl of Morton. — E.]
3 By this and other evidents here inserted it is manifest that Mr Ran
dolph had come secretly into Scotland, and lurked among the Congrega-
tioners as a spy and minister from Queen Elizabeth of England. This I
had omitted to take notice of in the body of the History.

BOOK I.] APPENDIX. 379
and advised them to consider what hurt they might receive
by their slackness and protracting of time. And if they would
have followed our advice, they should not have suffered Leith
to be fortified, but ere this time should have well accom
plished their enterprize ; which, nevertheless, as it seemeth,
they have much neglected, or else have had such impedi
ments as they could no sooner assemble their power.
Where it appeareth in your said letters of the 20th of
this present, that some good disposed people of this town
have given knowledge to the Regent that I, Sir James Croft,
should help to conduct the Earl of Arran out of this town,
whereof we perceive the French Ambassador there hath
complained, I have thought good to let you understand,
that for truth neither did the said Earl come within this
town, nor yet did I set one foot out of doors with him to
conduct him towards his country. And as it chanced, about
the same time did the Duke his father send to me a mes
senger, requiring that I would shew favour to his son, and
if he should happen to arrive here, that I would advertise
him thereof, to the intent he might provide for his safe con
veyance into Scotland. Whereunto, because I would the
better colour the matter, I answered, That I neither knew
nor heard of the coming of his son, nor yet, if he did come,
would I have to do with him ; and therefore required him
not to trust me in that behalf ; which answer, nevertheless,
the Earl of Arran was privy unto. But touching his con
veyance, the truth is, that I caused him to be secretly put
out of the Castle over the water in the night, where a gentle
man by our appointment received him, and rode with him
over the waste ground and under the Hills of Cheviot into
Teviotdale, and there delivered him about one or two o'clock
in the morning to a Scots gentleman, a dear friend of the
said Earl, who from thence conveyed him to Hamilton. The
matter, we dare say, was so secretly handled, that hitherto
none of the said two gentlemen are either known or sus
pected to have had the doing of the same ; nor yet can
any of them all, which be most suspicious of the matter,
tell certainly which way nor how the said Earl came into
Scotland. Marry ! we have one man vehemently suspected,
and it may be that he hath given the said Regent such
knowledge as he hath of this matter, and that is Thomas

380 APPENDIX. [BOOK I.
Clavering, farmer of the demesnes of Norham, dwelling in
the Castle there. For this we know, that he hath been very
inquisitive, as secretly as he could, and yet not so secretly
but that we do understand it, of the said Earl's passing this
way, insomuch as he got knowledge of his passing through
Anwick. Some think he is a good spy for the Regent,
wherewith we cannot charge him, and yet we write it not
without some cause of suspicion. And beside that, we cannot
praise his honesty in other things. But whether he be a spy
or not, it were not amiss that he dwelt further from the
Border, and an honest man in his place at Norham. From
Barwick, the 25th of October 1559, at midnight.
Your assured poor friends,
R. Sadler. James Croft.
Orders (sent, as appears, from England) for the Maintenance
and Governing of the Garrisons of Horsemen and Footmen.
4th November 1559.1
" First, A general contribution and benevolence of all
Noblemen, gentlemen, burghs, and towns, and a taxation
upon the Kirk lands, and also the whole profits of such Kirk
men as be against the Congregation, to be levied.
Item, Of this a perfect book to be made, and several men
to be appointed in every country for the collection of the
same, out of which certain money to be allotted for the
charges of the collectors.
Item, That some be specially appointed to have the re
ceipt of all the treasure, and to make payment over to the
garrisons, or otherwise for munition and other necessaries
for the common action, as shall be appointed by warrant
signed by the Lords having governance, or three of them
at the least, whereof the Duke, the Earl of Arran, or the
Prior of St Andrews, to be one.
Item, It is thought meet that Knox be a counsaile with
the receipts and payments, and to see that the same may
be employed to the common action, and not otherwise to
any private use.
Item, That the treasure be kept secret, and that all such
money as they shall spend in this common action may seem
to grow, and be levied only by the means above said.
1 Cotton Library, and Lawyers' [Advocates'] Library [Edinburgh].

BOOK I.] APPENDIX. 381
Minutes of a Letter from Sir Balph Sadler to Mr Bandolph.
4th November 1559.1
One thousand pounds sent for the present relief of tho
Lords of the Congregation from Sir Ralph Sadler and Sir
James Croft. A new Commission from the Court of Eng
land to support the Lords with more money according as
they shall see their success. They desire Randolph to give
them his opinion of the matter, lest they should employ the
Queen's money in vain ; and secretly to acquaint the Lords
that more money was sent for their aid, but withal that
they make few privy unto it, and to tell them that there
is more aid of French coming to Leith, advising them to
make haste in the recovery of Leith before they come.
Another. 5th November 1559.
He is sorry for the misfortune of the Laird of Ormiston.2
To prevent the knowledge that the money was sent from
hence, the Lords of the Congregation must say that it be
longed either to themselves or Ormiston. It seems the Earl
of Bothwel lay in wait of purpose.
A Letter. from Sir Balph Sadler and Sir James Croft to
Mr Secretary Cecil.3
Sir — Likeas in our last letters sent by Mr Drury, we did
advertise that we had presumed to deliver 1000 Pounds
to the Laird of Ormiston, for the relief of the great neces
sity and lack of the Protestants, so shall you now perceive,
by such letters as we have received from Balnaves and
Randolph, which we send you herewith, what mighap hath
chanced to the said Ormiston, to our no little grief and
displeasure. Surely we durst as well have committed our
lives as the money to his hands, and would have thought
the same to be in no danger, as he himself did warrant us
most assuredly. But you may see that such mishap doth
chance when it is least looked for, which we assure you
1 Cotton Library, and Lawyers' [Advocates] Library [Edinburgh].
2 [Cockburn of Ormiston.— E.]
3 Cotton Library, and Lawyers' [Advocates'] Library [Edinburgh].

382 APPENDIX. [book I.
doth much inquiet and trouble us, and yet there is no fault
in us ; trusting that the Queen's Majesty will rather impute
the same to such mishap as many times doth chance in
things most assured, than to any lack of good-will and dili
gence in us to do our duties.
We cannot perceive that the Protestants are of power to
besiege Leith, and therefore we judge that they will remain
in garrison at Edinburgh, so long as they be able to enter
tain any number of men ; which they cannot continue for
any long time, unless they may have support and aid of
money at the Queen's Majesty's hands. On the other side,
we hear that the French also be in some distress, both for
want of fewel and other things, and also for that their
victual, as they say, doth consume; so that it is thought
that unless they may have aid shortly out of France, they
likewise cannot abide long in Leith. And thus they be in
some extremity on both sides ; what the end will be, God
knows. The Protestants will send to us for more money out of
hand; which we think the rather, because we wrote to
Randolph before we understood of Ormiston's mishap, that
the same was here ready for them. But now, because of
this evil chance, we would gladly know the Queen's Majes
ty's pleasure before we did adventure the rest ; and yet we
be in doubt whether it be good or not, for this sorry mis
chance, so to discourage them, as now to leave them desti
tute of help, when they have most need. And therefore, if
they shall press us sore therein before we have answer again
from you, we see not how we can deny it unto them, if it
may be safely and secretly conveyed. Whereunto we would
have sucbi regard as appertaineth ; for we do consider that
the more they be supported, the longer we shall continue
and nourish their faction, and also the greater shall the
enmity grow and encrease betwixt them and the French.
And now that by reason of this mishap, it is to be feared
that our practice will be discovered, whereupon nevertheless
you must set as good a colour as you can, you may be sure
that if France list to break with you, they will take occa
sion so to do as well for that is done already, as for any
thing that we shall do more in the matter ; which, consider
ing how many we have had to deal withal, cannot be kept

BOOK I.] APPENDIX. 383
so secret as we desire, but must needs break out at ono timo
or other, which we always feared. And therefore, if any
advantage may be taken now, or at the least, if by the
spending of a little money, this enmity thus begun betwixt
the Protestants and the French may be continued, in our
opinions it is not to be neglected ; for we think it had been
better never to have had to do with them, than now to leave
them. Wherein we beseech you advertise us of the Queen's
Majesty's pleasure, as soon as is possible.
Touching your desire to know what Scots be with the
Queen Dowager, and how many Frenchmen, as far as we
can learn, there be no Scots of any name with her in Leith,
but the Lord Seton and the Lord Borthwick, with the in
habitants of the town ; for the rest, as the Earl Bothwel,
who is on her side, and such others as seem to favour her
party, do remain at home by her consent, until she shall
require their aid. It is said that there be in Leith about
3000 Scots and Frenchmen in wage. Thus we commit you
to the tuition of Almighty God. From Berwick, the 5th
of November 1559.
Your assured poor friends,
R. Sadler. James Croft.
A Letter from the Lords of Scotland to Sir Balph Sadler.1
Sir — After our most harty commendatioun, this is to signify
unto zou, that through the lose of the thousand pundis sent
with the Lard of Ormiston, we are brought to that strayt-
ness, that we cannot keip our men of warre togydder ; and
gif thai sail depart from us, we ar not hable to keip this
town, but must neydis depart, and so shall all our enter-
pryiss be frustrate. Heirfore, even as you tender the weall
of our cause, and prosperous success of all our proceedingis,
we pray you with all possible diligence send to us, with this
berar James Baxter, ane thousand pundis Stirling2 at the
leist, and that be sea, with certayn other thingis as he shall
instruct you at lenthe, for we have sent ane boyt for that
samyn cause. And thus we commit you to the eternal
1 Cotton Library, and Lawyers' [Advocates'] Library [Edinburgh].
2 [Sterling money. — E.]

384 APPENDIX. [book I.
protection of God. From Edinburgh, in heast, the 6 of
November, anno 1559, be your Huffing freindis,
James.1 James Hamilton.2 James Saint Andre.3
A Letter from Sir Ralph Sadler and Sir James Croft to Sir
William CecilA
Sir — After our most hearty commendations, your letters of
3d of this present we received the 7th of the same, and the
day before we received such letters as we send you herewith
from the Protestants. Whereunto we answered them, that
we are ready to satisfy their request if it may be surely and
secretly accomplished ; but because the messenger called
'James Baxter seemed to think it as dangerous by sea as by
land, besides that it would be long in doing by the sea, he
is therefore returned to them to devise better for the surety
and secrecy of the matter. And now, upon the receipt of
your said letters, we have written to them again to com
fort them with such good matter as in your said letters
is contained, being of your opinion that it is most requisite
to encourage them to follow their enterprize, specially to
heast the recovery and taking of Leith, with such speed as
the matter indeed requireth.
Now, to answer to the points of your said letters accord
ing to your desire ; first, touching the means and ways
how to aid them, we must needs agree with your opinion
there, that by money and counsel is the only way, till time
and occasion shall percace enforce you to do more; and
therefore because we have now, upon your said advertise
ment, promised them that they shall lack no money, it may
please you to take order that the same may be sent hither
with all diligence, for long delay of the sending thereof may
be an hinderance. And when it is here, in our opinions it
may stand the Queen's Majesty in as good stead as if it
were in her Highness's coffers ; for if the matters so fall out
as we shall not need to employ it to such purpose as it is
sent for, yet it shall be ready to be defrayed upon the charges
1 [James Duke of Chatelherault. — E.]
2 [James third Earl of Arran, eldest son of the Duke of Chatelherault.
-E.] :i [James Stuart, afterwards the Regent Moray. — E.]
4 Cotton Library, and Lawyers' [Advocates'] Library [Edinburgh].

BOOK I. APPENDIX. 385
of the fortifications and garrisons here, or otherwise as shall
please her Highness. How much will suffice, and how they
make their payments, there is mention made of the same in
Balneaves's letters which we lastly sent unto you, whereby
you may conjecture what will be a convenient support, and if
you send more than enough, the overplus will serve for the
purposes aforesaid. It must be in French crowns, for if it
be in any English coin, when it shall come abroad in Scot
land it will be the sooner suspected from whence they have
it. We have here already 1200 pounds of English gold,
which we dare not send them for the cause aforesaid, and
here is no shift to be made for the changing of the same.
There is no help to be had in those parts for so much money
as will serve this town, and therefore it must needs come
from thence ; and right necessary it is that you send it'
surely, for Overton told us, that if he had not hired men by
the way to ride the stronger, perceiving himself to be dogged
by false varlets, he had been robbed of that he brought.
Secondly, Touching your device of sending hither of cap
tains and leaders, whereof, indeed, the Protestants have
great lack, we think it not amiss that four or five of these
mentioned in your said letters be suffered to come secretly
hither, to do as you have there devised, if, at their coming,
we see no cause that shall require the contrary.
Thirdly, As we have always hasted them to prevent the
malice of their enemies by the taking of Leith, so have we
now again according to your advice written unto them, that
if they will forthwith raise a sufficient power, and adventure
it, the charges shall be born ; and besides that, have adver
tised them of the danger that may follow, if they forslow
the time.
Fourthly, Touching the Earls of Huntly and Morton, the
one is wylie, and the other is simple and fearful. Huntly
is looked for continually at Edinburgh, and, as it was told
us to-day, arrived there yesternight, which we have not of
certainty ; but wheresoever he be, we have the same opinion
of him that you have, that is; that he will use both parties as
may best serve his own purpose, and howsoever the game go,
he will be sure to save one. As for Morton, albeit he hath by
bis handwriting bound himself to take part with the Pro
testants, yet he lieth aloof. Some think he doth it, partly
25

386 APPENDIX. [book I.
fearing which party shall prevail, and partly in respect of
the great benefit that he hath heretofore received at the
Dowager's hands, by whose means he obtained the Earldom
of Angus, though another hath a better title to the same ;
and yet we think him to favour the Protestants more than
the other party. And touching the Lord Erskine, though
he seem to be neuter, and keep the Castle indifferent as his
special charge, yet did he declare himself on the Pro
testants' party, at the last alarm given to Edinburgh, when
the Lords were out of the town, as you have heard, and
sithence hath he been in treaty and council with them sundry
times, as we be informed ; but surely, as you write, it is to
be feared that practices have done them much hurt, whereof
they have been sufficiently warned.
Finally, Touching the doubt arisen there, if we should
aid the Protestants, and help them to be delivered of the
French, what assurance might be had of them towards this
realm, wherein you require us to write our opinion, we think
assuredly that we need not to make any great doubt of that
matter ; for knowing themselves to be utterly out of credit
with France, we need not to fear their revolt thither, if the
lack of our aid enforce them not ; and therefore of force
they must adhere to us, and seek the amity of England, or
else they cannot be able to endure the malice of France.
And surely we think, that if the Queen's Majesty would
manifest herself on their side, and take plain part with
them her Highness could not require that assurance of them,
being in their power to accomplish, that they would refuse.
Thus we commit you to the tuition of Almighty God. From
Barwick the 8th of November 1559,
Your assured poor Friends,
R. Sadler. James Croft.
Part of a Postscript to this Letter.
Wherefore, under correction, we think it not amiss to
provide for their relief and maintenance, and that money be
sent hither for that purpose, which though it be here ready,
need not to be employed that way, but as you shall see cause
necessarily requiring the same ; for though they be thus re
tired, we see not but that they may reinforce themselves and
begin again, or at the least, we think them so strong in their

BOOK I.] APPENDIX. 387
countries, that if they have any help or maintenance, they
may remain as long as they list at pike with the French ;
and the longer the enmity may be continued betwixt them,
the less opportunity shall the French have to look towards
us. This is but our poor opinion, which we refer to better
consideration. A Letter in Cypher from Mr Bandolph to Sir Balph Sadler
and Sir James Croft decyphered.1
I have found so much uncertainty in men's doings, that I
am uncertain what to write, nor know not how to report
that that within these five days I have heard and seen. I
found the worst success in a matter that I hoped so well of,
that ever I shall see. Since the taking of the money, and
the coming of the Frenchmen to the gates of Edinburgh, I
have found the most part of our Nobles and others such as
I know not whom worthily to commend. The number of
men hath so decayed since that time, that the rest were
forced to leave the town. Upon Monday last also our men
had a very hot skirmish. There were slain, hurt, and taken
of both sides thirty or forty, one captain of our's slain, and
no man else of any name ; notwithstanding the multitude
were so discouraged, and shewed such open tokens thereof,
that the best counsel they could find was to leave the town
with speed, and to go to some place the whole Council
together, where they might quietly take new advice in their
affairs. They concluded the said Monday at four of the
clock, to depart that night at midnight towards Stirling,
where presently we are. Against this purpose of theirs
were only the Earl of Arran, the Lord James, and the Lord
Maxwell, who offered to remain in the town if they might
have but a thousand men, and to be assured of the Castle ;
whereof they now stood in doubt again, because the Earl of
Morton and the Lord Erskine had consulted together to
end the matter by composition. Wherefore the Lords of
the Congregation thought it better to depart, than trust to
their gentleness, being now both together in the Castle,
and specially the Earl of Morton, who being of the Con
gregation, and promising to come daily unto them, stole
1 Cotton Library, and Lawyers' [Advocates'] Library [Edinburgh],

388 APPENDIX. [book I.
secretly into the Castle, whither he came the day before we
departed, and was there when we went away. One Black-
adder, your neighbour, is thought to have wrought much
mischief in this cause, and betrayed Ormiston. True it is
that he hath been the Dowager's friend, and persuaded the
Lord Erskine against the Lords of the Congregation. Some
there be that suspect the Lord Ruthven, who is one of this
Congregation and Council, a great friend to the Earls of
Huntly and Morton. The Lords of the Congregation have
remained here at Stirling two days consulting of their affairs,
having determined rather to die than thus to leave their
enterprize ; but only for a time to retire themselves, and in
the mean season to annoy the Dowager or her friends as they
may. The greatest thing that grieveth them, as they say,
is the fear that they have that the Queen's Majesty will
have an ill opinion of their doings ; but they trust her Ma
jesty will favourably weigh their case, and accept such offers
of service as shortly shall be presented unto her by the Laird
of Liddington, who hath received his dispatch ; and I trust
we shall be with you within eight days at the furthest, not
very certain yet what way we shall take, being not very sure
neither by sea nor land. I see not how again I can write
unto your Honours before my departure, having at this time
where I am much ado to find a convenient messenger. I
received on Monday last, within one hour, both your letters
and instructions. I made as many partakers of them as I
thought might stand with your pleasures, and the matter
did chiefly concern. They have promised hereafter greater
silence, and more circumspection in their doings, trusting
not to lack of your good advices, as hitherto they have had.
What they shall determine here yet I know not thoroughly,
but intend to bring certain knowledge thereof at my coming.
To write at large, your Honours know it is not possible in
this kind of writing ; I had not also at all times, as I would,
convenient means to send, which had been very necessary
in this time ; notwithstanding, I trust it shall appear that
neither have I been idle, nor omitted any occasion where I
might do any service. Upon Thursday last, the Earl of
Arran received a cartel of defiance from the Earl of Both-
well, requiring of him the combat, the copy whereof, and
answer to the same, I will bring with me. The same day the

BOOK I.] APPENDIX. 389
Lords of the Congregation sent to take the Bishop of Dun
blane, being an open adversary to their proceedings, and in
tend to make him pay well because he is rich. This present
day, the 11th of November, we depart from Stirling towards
St Andrews, whece we shall take ship either to arrive at
Barwick or Holy Island, where I trust we shall be very
shortly. The Dowager comes not to Edinburgh before to
morrow. The Earl of Morton is returned to his house, and
hath not spoken with the Queen. The Lord Erskine is de
termined to keep the Castle from her. The Lord Commen
dator of Holyroodhouse hath been with the Dowager, and
shamefully submitted himself. I hear of no man else that hath
been with her. From Stirling, the 11th of November 1559.
A Letter from the Council of England to Sir Balph Sadler and
Sir James Croft.1
After our hearty commendations, we see that time maketh
such alterations, as it seemeth most necessary to foresee
things to come before they shall happen ; and therefore we
be presently occupied in daily consultations what shall be
meet for the Queen's Majesty to do concerning this matter
of the French proceedings to the apparent conquest of Scot
land : And although we be not come to a perfect resolution,
yet upon your last advertisement, given by the postscript of
your letter of the 8th of this month, mentioning the retire
of the Protestants from Edinburgh to Lithgow,2 we be forced
to dispatch forthwith this bearer Mr Randal,3 a gentleman
of trust and knowledge, unto you, by whom also the Queen's
Majesty sendeth a sum of money, to be used as occasion
shall require. And further, we here think that most need
ful, that he be secretly sent into Scotland to the Protestants,
to comfort them, and to encourage them not to shrink in
anywise, but as he shall find the occasion, to give them
council how to proceed, and how to order themselves ; and
likewise to animate them with an assurance, that if they
shall in any honourable sort require aid of the Queen's Ma
jesty, they shall not lack that that in reason may be granted.
For demonstration whereof he may also inform them, that
the Queen's Majesty is in preparation of a navy to the seas,
1 Cotton Library, and Lawyers' [Advocates'] Library [Edinburgh].
2 [Linlithgow.— E.] 3 [Randolph.— E.]

390 APPENDIX. [BOOK I.
and meaneth to cause more power of men of war to be
levied in the north part of the Realm, and to be sent to
Barwick and the frontiers. And further, also her Majesty
meaneth to address the Duke of Norfolk to be Lieutenant-
General of the north parts, so as he may thereby assure
them that if it may appear that they will do their parts
like wise and stout men, their enemy shall shortly see such
power of England in a readiness, as both shall abate their
pride, and increase the hearts of the said Scots. Our mean
ing is further, that Mr Randal shall endeavour himself to
understand all the strengths of the Scots, and also their
lacks, the state of the French both for their power and their
lacks ; so as we being thereupon speedily advertised from
you, with some part of your opinions, may better consider
what is further necessary to be expedited.
These things we here think necessary, and yet do we re
mit the execution of them, either for the whole part, or for
adding thereto any other device, as to your directions there
shall seem most expedient. For indeed alterations and
changes of things that may hap there, may give to you there
other occasion of proceedings than presently we can here
determine. We think convenient that you give order to Abbington,
to use all the speed that he can to make a great mass of
victuals, and to omit no hour therein. At Westminster the
13th of November 1559.
Winchester. Northampton. Arundel. Pembroke.
Clynton. Howard. Parry. Rogers.
Knollis. Cecil. Cave. Petre.
Sackvile. Mason. Wotton.
The Order sent with the Bishop of Amiens and La Brosse, from
the King and Queen qf France and Scotland, for quieting
the Troubles in Scotland.1
Franciscus et Maria, Dei Gratia, Rex et Regina Francise,
Scotiae, Angliae, et Hiberniae, dilectissimae Dominae nostra
et Matri Reginae viduae Scotiam Regenti, salutem. Cum
allatum est de eo motu, quem quidam factiosi in nostro
regno Scotiae mala mente nuper concitaverunt, enitentes sub
1 Cotton Library, and Lawyers' [Advocates'] Library [Edinburgh].

BOOK I.] APPENDIX. 391
specie religionis, trahere in partes subditos nostros, ut postea,
alienatis eorum animis (quemadmodum actionum suarum
eventu comprobarunt) nostram illic autoritatem funditus
delerent, eamque sibi vendicarent : Nos praeter curam et
solicitudinem quam huic sedando malo praesens adhibueras,
misimus isthuc duos graves et spectatos viros, Brossium nos
tri ordinis equitem, et Peleveum Episcopum Ambianensem,
qui interessent comitiis et conventibus ejus regni indictis,
ut ibi amice his de negotiis transigeretur, quae occasionem
rerum novarum praebere videbantur. Atque haec prima fuit
via conciliandae concordiae, quam tentare constitueramus,
adducti ea opinione, quam pridem conceperamus, de volun-
tate, fide, observantia, erga nos Scotorum omnium subdi-
torum nostrorum, magnorum, mediorum, infimorum, propter
infinita ingentiaque beneficia, perpetuo a nobis nostrisque
majoribus in earn gentem collata, dum illorum libertatem,
bona, fortunas, liberos, conjuges, omni ope tuentur, ne in
hostium potestatem miserabiliter venirent : veriim enimvero
longe aliter ea res cecidit, atque opinabamur. Nam pos-
teaque legati nostri eb venerunt, tantum abest, ut quicquam
de suo officio suaque salute admoneri passi sunt, ut scelus
sceleri, impietatem impietati, contumaciam contumaciae ad-
dentes, everterint delubra et templa, diruerint utriusque
sexus Coenobia, exactis per summam crudelitatem ministris,
monetae nostrae signa et caracteres rapuerint, palacia regias-
que aedes invaserint, aliisque plurimis patratis facinoribus,
divinam et humanam majestatem violantes, arma ceperint ;
praeterea duces auetoresque hujus conjurationis, coactis mag-
nis copiis Edinburgum occeperunt, teque inde decedere com-
pulerunt, cum reliquis Scotis et Francis nostras partes se-
cutis : Nee hoc fecisse contenti, haud intermittunt quotidie
armis lacessere Francos, quos ibi in praesidiis alimus, quorum
tamen plurimi innumera vitae discrimina, pro illorum incolu-
mitate, antea subierunt. Sed tantorum meritorum obliti,
nostros palam armis aggrediuntur, nihil eorum prsetermit-
tentes, quae bello inter legitimos hostes concitato patrari
solent, ut tandem quibuscunque modis possint, nostram ever-
tant autoritatem, et summam regni Scotiae in se transferant.
Quorum audaciae et temeritati quamprimum occurrendum
statuimus, cum omnibus his viribus quas nobis Divina Pro-
videntia largita est ; sed quoniam armis uti serius dementia

392 APPENDIX. [book I.
nostra nos monet, non ante aperta vi agendum duximus
quam proposueramus reliqua remedia, pacandi hujus tumul-
tus, ut sciz. possimus secernere illos, qui in nostra fide et
obedientia manere, seque a conjuratorum contubernio ab-
ducere magnopere cupiunt, ac sunt propterea gratia favore-
que prosequendi. Idcirco mandamus et oramus, ut nostro
nomine, nostraque autoritate cures, palam edici, praeconio-
que promulgari, et programmatis statui in portis urbium,
templorum valvis, ac caeteris locis publicis convenientibus ;
nempe quotquot subditi nostri in regno Scotiae, nuper in-
jussu nostro sese congregarunt et arniarunt, quo et nos
ditione nostra et te tuo regimine privarent, aut ex finibus
Scotiae Francos milites exigerent, maxime ex praesidiis op-
pidisque munitioribus, in quibus sunt constituti et collocati ;
denique ut autoritatem nostram regiam tollerent, sibique
attribuerent, hi, depositis armis, sese pacati in domos suas
recipiant, sine ulla injuria caeterorum, et sine maleficio, et
tibi de caetero obediant, penes quam regni nostri Scotiae
fasces esse voluimus, ac volumus, idque intra Quo
tempore praeterito, si obstinatius perstiterint in sua rebel-
lione et inobedientia, habeantur rei laesae majestatis ; eam
que ob causam, cujuscunque gradus et dignitatis fuerint,
pronunciavimus, nunc et imposterum, rebelles, reosque ma
jestatis, quaestionem in eos ut nefarios homines constitui,
animadversionemque capitalem jubemus, praedia beneficiaria
gentilitiaque fisco committi ob perfidiam, eique acquiri et
adjungi in perpetuum decernimus ; reliqua illorum bona,
mobilia et immobilia publicari ; liberos caeterosque posteros
haberi infames, ac incapaces omnium honorum et dignita-
tum ; liberavimus insuper universos rebellium subditos jure-
jurando et fide quibus adigebantur ; postremb sancimus
requirendos et comprehendendos ubicunque inventi fuerint,
vel intra vel extra sacra, captosque arctiore custodia teneri,
fortique satellitio stipatos ad te deduci mandamus, ut in illos
capitaliter, quemadmodum dictum est animadvertatur. Sin
comprehendi nequeant, permittimus more hostili grassari in
illos, ut in nostros regnique Scotiae publicos hostes. Quod
verb attinet ad Ecclesiasticos, si hi quoque intra constitutum
tempus promulgata mandata neglexerint, nos similiter per
mittimus subditis, magistratibus vel privatis, ut illos com-
prehendant, comprehensosque diligenter adservent, ut postea

BOOK I.] APPENDIX.

393

a quibus par erit judicibus res quaeratur, quorum pariter
subditos liberavimus jurejurando et fide, quibus ob praedia
devinciebantur. Edicimus eodem pacto, ne fructus eorum
ullos aut redditus pensitent ; quin etiam in omnia illorum
bona mobilia et immobilia manum injici, eaque publice nos
tro nomine ut Superiori possidere jubemus. Amplius edicto
vetamus, ne ulli Scoti aut Franci, nisi inter reos violatae
majestatis referri velint, eisdemque quibus supra poenis ac
suppliciis affici, commeatu juvent conspirantes in nostram
autoritatem, neve arma ad eos, sclopetos, bombardas, pul-
verem, caeterasque bello ducendo commoditates, importent ;
quod si qui post nostras sanctionis promulgationem adversus
earn deliquerint, in eos, eisdem quibus supra modis, animad-
verti volumus, ut sint exemplo caeteris, ne similia in poste-
rum, contra debitam nobis fidem et obedientiam, audeant.
In quorum omnium testimonium subsignavimus praesentes
literas propriis manibus, quibus etiam sigillum nostrum
apponi duximus. Datum Blesis Novembris, anno
Domini 1559, et regnorum nostrorum, viz. Francisci Primo
et Mariae.1
A Letter from Sir Balph Sadler and Sir James Croft to
Secretary Cecil.2
Sir — It may like you to understand, that on Thursday
last arrived at Holy Island the Laird of Lethington and
Thomas Barnavie, and when the night came, I3 Sir James
Croft received them unto the Castle here secretly. They
brought us letters from the Earl of Arran, the Lord James
Commendator of St Andrews, and Mr Balnaves, which we
send you herewith. And yesterday we had conference to
gether at good length, and do perceive that the Lords of the
Congregation do stand fast, and be as earnestly, or rather
more earnestly bent and determined to follow their enterprises,
and to seek revenge upon the French, than ever they were.
And from them the said Laird of Lethington is now speci
ally dispatched to the Queen's Majesty with letters and
instructions to seek and sue for aid at her Highness's hands,
without the which we see not, as we have always said, that
1 Though the preceding order be not referred to, yet I thought it not
improper to be inserted here, as being no where else to be found in print.
a Cotton Library, Cal. B. 10. an Original. 3 [And.— E.]

394 APPENDIX. [book I.
they be able to achieve their desires. We have practised
with him, having besides his instructions special credence
committed unto him to frame their suit to the Queen's
Majesty, in such form, and according to such articles as you
sent unto us, which we had written out for him, as though
the same had been devised by us, to show our good will and
great desire to further their cause ; the substance whereof
he liked very well, and wished he had been so well instructed
before his coining from the said Lords, to the intent he might
have brought the same under their hands, which, he saith,
is to be obtained at all times. And no.w at his being here
he hath written unto the said Lords, and also advertised
them of other such comfortable matters as he hath received
here at our hands, according to your late advertisement.
This morning before day, he and Barnavie are departed
hence towards you, intending to make all the speed they
can ; and if you think it meet to have them bestowed any
where about the Court secretly, it were not amiss that you
sent some man to meet them at Ware or Waltham Cross,
to convey them to the place where you shall think meet for
that purpose. We have forborne to send Mr Captain Ran
dall to the said Lords at this time, for that we see no cause
thereof, considering that they intend not, nor yet can, as far
as we perceive, prepare themselves to the fields very shortly
in this dead time of the winter. But as we have learned
by the said Laird of Lethington and Barnavie, they have
divided themselves, and do lie at Glasgow and St Andrews,
to keep themselves in strength, to stay those countries, and
by all such good means and practices as they can use to
make moe friends, as well of the Nobility as others, to take
part with them in this their common cause ; and so they
have resolved to repose and rest a while until the return of
the said Laird of Lethington from the Queen's Majesty,
intending, nevertheless, as he saith, if they see any advan
tage to be taken against their enemies, in the mean season,
not to pretermit the same. The rest we refer to the declara
tion of the said Laird and Barnavie, by whom you shall
understand all things touching this affair more perfectly, and
at more length than we can express in writing. The number
of the French now in Scotland exceeded not 2500, so that
if there come no greater power out of France, the matter

BOOK I.] APPENDIX. 395
will be the more easy ; but if there shall be sent more aid
and power out of France, the same must be impeached by
your navy there, or else it will be the more difficult. And
therefore it behoveth that you hearken well, and have good
spies upon their doings in France, to the intent you may the
better meet with the same, as the case shall require, which
in our poor opinions is not to be neglected. Thus we com
mit you unto the tuition of Almighty God. From Barwick,
the 25th of November 1559.
Your assured poor Friends,
R. Sadler. James Croft.
Knox's Letter to Mr Bailton, 23d October 1559.1
Your lettres long looked for receaved I in Edinburgh this
23d of October. It is most assured that such a jewel (the
Great Seal) as your other writings due specifie, is laitle
cumed to our realme, but it is keapt mervalous secreat, and
the rather becaus these cold blastes of winter be able to
cause the beauty of suche Maij flouers faid. Thus much my
eis saw and my hands touched. A trym staff for the Quen
then Regent, sent from the persons whom befor ye did
specifye, in which war all things which ye express gorguislie
ingraived on silver and dowble gilt. This staff was send in
the moneth of Maij in the sam schip in which I cam to
Scotland, and was schawen unto me in great secreacye.
The nomber and names of my neady brethren I did signifye
to such as be in your cumpany, and unto the man above
(Secretary Cecil, I suppose). The nomber is now agmented,
and thare povertie also in such sort that yf releaf be not
provided spedely, I fear that mo then I murn when we may
not so weall amend it. What wold suffice every in parti
cular I cannot weall assure you ; but such I know thare
necessity to be, that som that daly fed forty and mo in
houshold is not now able to fead tuo. God confort thame,
for thare battal is strong. The alteration that be hear is
this : The Quen Regent, with publick consent of the Lords
and Barrons assembled, is deprived of all authority and
regiment amongs us. She, her Frenchmen and assistans, ar
1 Calig. B. 9. F. 38. an Original.

396 APPENDIX. [book I.
by open proclamation declared and denunced ennemies and
traiters to this common-wealth, for that being thrisce re
quired and charged to desist from fortification Leyth, sche
and thei do obstinatlie procead in thare wicked inter-
prise. This was done this Monday before noon. Thare shal
be appointed to occupye the authoritie a great Counsall,
the President and cheaf head wharof shal be my Lord
Duck. The authoritie of the Frenche King and Quen is yet
receaved, and wil be in wourd1 till thei deny our most just
requeastes, which ye shall, God willing, schortlie herafter
onderstand, together with our hole proceading from the be-
gyneing of this matter, which we ar to sett forth in maner
of historie.2 The battell is begun scharpe yneuht, God
geve the issew to his glory and our comfort. Sche hath yit
small advantaig, for the death of tu of our soldiours, and for
the hurting of thre gentilmen, sche hath lost two capitains,
and hath for wounded many of her cheaf soldiours, to the
nomber of twenty upon one day. Thei brag, and the Quen
especially, that ye will leave us in the myddest of this truble,
and this sche hath of her last post which cam by you. My
battell to this day hath been verrey bitter, but yf ye frustrat
my expectation and the promisses that I have made in your
name, I regard not how few my dolorous days shal be.
What God hath wrought by me in this mater, I will not
now recyte ; but this I may say, that such offerrs ar refused,
that mo do judge us fooles than do praisce our constancye.
We ar determined to assay the utermost, but first we must
have 3000 mo soldiours, for yf we assault and be repulsed,
then shall our interprisce be in great hasard, and our Com
mons ar not able to abyd together. Geve advertisement
therfor to such as favour us, that without delay our support
be send as weall by money as by men. Yf your eis be single,
ye may not lett to succour our present necessitie, whatso
ever daunger appear tharof to ensew. I must farther requyr
you to be a suyttar to all such as ye know to be unfeaned
favorars, and espetiallie to our brethren of London, to have
a respect to our necessitie. The Frenche schippes keap the
1 It affords much pleasure to know the secret intentions of men by the
communication of their private letters.
2 Here is a certain indication that Mr John Knox wrote a History of
these times.

BOOK I.] APPENDIX. 397
watters heir, which is to us a great noyance, and unto thame
a great releaf. Provision wold be had by tymes, which we
cannot watch, be reasson that all our schippes ar absent,
and as we fear stayed, so many as be in Fraunce. Watch
the advertisment as ye think good, for I cannot write to any
especiall for lack of opportunitie, for in twenty-four hours I
have not four free to naturall rest1 and easce of this wicked
carcass. Remember my last request for my mother, and
say to Mr George that I have nead of a good and an assured
horse, for great watch is laid for my apprehension, and large
money promised till any that shall kyll me, and yet wold I
hasard to cum unto you, yf I war assured that I myght be
permitted2 to open my mouth to call agene to Christ Jesus
those unthankefull children, who allate have appeared uter-
Iie to have forgotten his loving mercies which somtymes I
supposed thei had embrased ; and this part of my care now
poured in your bosom, I cease farther to truble you, being
trubled myself in body and in spirit for the trubles that be
present, and appear to grow. God geve end to his glory
and to our comfort. This 23d of October 1559, at mydnicht.
Many things I have to writ, which now tym suffereth not,
but after, yf ye mak hast with this messinger, ye shall un-
dirstand more  R  ryt  1 write with  sleaping
eis. 
Advertiss me yf all things cum to your hands closs.
John Knox in his own hand, under the name of John Sinclair,
of 25th October 1559, to Sir James Croft, Captain of Ber-

Such is our estate, Rycht Worshipfull, that unless present
support be provyded for us, you and wee will both lament :
wee first, I confess ; but what shall ensue, experience may
teach you. It was once determined that Leith should have
1 Mr Knox would not fail to improve this as a heavy charge against a
clergyman, in employing himself so deeply in secular and military
concerns. 3 To observe Mr Knox's deportment in Scotland, one would think no
fear of danger could have terrified him, but it seems the case was not the
same with him in England. The reason perhaps was, he was sure of as
sistance in Scotland when he made his bold adventures ; but the English
Queen Elizabeth was not to be so tamely tampered with.
3 Calig. B. 10. F. 60. an Original.

398 APPENDIX. [book I.
been assaulted, and there the matter stands in debate ; for
some fear the interpryse, if wee be once repulsed, others
pursuand to put all in the hands of God. True it is, the
number of our souldiers is few to so great an interpryse,
and it were no small disconfort to hasard our Nobility,
Barons, and gentlemen, upon their walles and souldiers.
Proclamation is made by the drum for listing of mo men of
war ; but partly for lack of money, and partly because men
have no will to hasard, wee can make no number. And
therefore as yee tender the weell and furtherance of this
cause, provyde that both men and money come unto us with
all possible expedition. It may appear that my demand is
unreasonable; but when all reasons which may be layed
in contrar of my petition, shall be rightlie examined, our
present estate and inconvenients which may ensue our over
throw, shall swello and devour them all. If yee fear to
offend France, in hart it is already at defyance with you,
and abidest only the opportunitie and advantage. If yee
list to craft with thame, the sending of a thousand or mo
men to us can breake no league nor point of peace con
tracted betwixt you and France : For it is free for your
subjects to serve in warr anie Prince or nation for their
wages. And if yee fear that such excuses will not prevaile,
yee may declare thame rebelles to your Realme, when yee
shall be assured that thei be in our company.1 Yee pay
their wages where thei ly presentlye, and there thei be ydill ;
but heir thei would more profitte us, if wee might have
thame within six dayes, than 5000 will do within forty dayes
hereafter. My reason is, that our number shall daily dimi
nish, that in process wee shall be compelled to dissever and
skaill, and then never look I (unles now wee obtain our pur-
posse) to see so many Noblemen of this Realme assemble
together for that purpos. I speake my jugement freelie.
Juge yee as God shall move your hart. I wraite before for
some support to such as without the same are not able to
serve, but receaved of you no answer. I can do no more
but declare my opinion, which I pray God be not found true
in the end. The Laird of Ormistoun assistest us not in

1 Observe here Knox's political casuistry. If this be not more than to
be wise as serpents ; and less than to be harmless as doves.

BOOK I.J APPENDIX. 399
this our danger, the cause I leave to your jugement : I fear
that mo shall shortlie follow, unles remeady be procured. I
cease farther to trouble you, who do this write not without
trouble. From Edinburgh the 25th October 1559.
Yours to his power, John Sinclair.
P.S. — It is heir brutted, whither it proceed out of craft,
or if any such thing be indeed, I know not, that France
labourest with the highest to uterlie refuse us, and in verry
deid the Queen-Dowager hath plainlie spoken, that shee
knowest the means heir to frustrate our expectation of your
support, by promise said shee, to deliver Calice -,1 heir our
simplicitie shall appear before God and man : This I adver-
tyse, for such rumours discourage many. Answer thame.
I opened the letter myself for scribling these few lynes. I
am charged to tack the paines by the Lords to visett you,
and farther above. Lett me have your jugement in that
case. Copie of Sir James Croft's Leitere lo Knox, answering to the
above.2
I have receyved your letteres of the 25th. For answer
whereunto, albeit for myn own parte I could be well con-
tente to satisfie your hole request with as good will as you
seme to desire it, yet can I not but somwhat marvaile that
you being a wise man woll require of us such present ayde of
men, money, and munycion, as you knowe we cannot minister
unto you without open shew and manyfestaeyon of ourselfs
to be as open enemyes, where by leage and treatie we are
bounde to be friends, prayeing you to consider how we may,
without touch of honour and hurte of our commonwelth,
being now in good peax and amytie, enter sodenly into open
warre and hostilitie, being no cause of breche, no manyfest
injurye offered unto us ; and how I being but a servant and
1 [Calais, the well known seaport in France, opposite Dover. After
the memorable siege, or rather blockade of Calais for twelve months by
Edward III. in 1346 and 1347, Calais remained upwards of two centuries
in the possession of the English, who expelled the French inhabitants,
and under whom it became a thriving place. In 1558 Calais was retaken
by the French after a siege of only one week.— E.]
s Calig. B. 10. F. 72. an Original.

400 APPENDIX. [BOOK I.
minister here, may presume to do that your desire, tending
to a playne breche of amytie bytwen so gret Princes quhome
it toucheth, I referre to your discression. For as to your
devises how to colour our doinges in that parte, you must
thinke that the worlde is not so blynde but that it woll sone
espie the same, and surely we cannot bona fronte so colour
and excuse the matier, but that it wol be expounded to a
playne brech of our leage and treatie, whereby the honour
of the Prince cannot be a little touched.1 Wherefore I pray
you require of us what we may do with honour and safetie,
and you shall not fynde us unwilling therto. And touching
the supporte of such as you have often written for, I coulde
finde the meanes that they might have som relief at their
friends' hands hear, if I knew how the same might be con
veyed unto them in such secret and closs maner as none
others have notice of the same. But to be playne with you,
ye are so open in all your matiers there, as you make men
half affrayed to deale with you, which is more then wisedom
and good policie doth require. Fynally, where you write
that France laboureth to mak us utterly refuse you, and
that the Quene-Dowagier ther heth playnely spoken that she
knoweth the meanes how to frustrate your expectation of
our supporte, by delyverance of Calice, I dare boldly say
that there is no such matier in question ; for you may be
sure that Calice cannot make us to neglect or refuse the
estableshment of this Ilond in perpetuell unyte and concorde,
wishing to lyve no longer then I may see the same, and so
to leave the joye therof to our posteryte. For the rest I
referre you to such letteres as we have now wrytten by this
berer. From Barwyck the 27th of October 1559, &c.
Sir Balph Sadler and Sir James Croft to Sir William Cecil.2
Yesternight we receyved letters in cypher from Randall,
with others from the Erie of Arrayn, at Beaufort, to the
Quenes Majestie, to you and to us, and also certen other
writings which we sende you here inclosed, praying you that
uppon consideration of the same, we may be directed from
1 This is a severe, but just reprimand on Mr Knox's doubled-faced
proposition. 2 Calig. B. 10. F. 74. an Original.

BOOK I.] APPENDIX. 401
thens with spede how wo shall answer their desires in such
sort as to your wisedomes there shal be thought convenyent,
for now you may see gret likelihod what this matier will
growe unto. We have in the meane season thought good
to put them in som hope of such reliefe as with honour and
secresie may be ministered unto them, and also have given
them such advice as you shall perceyve by the copie of our
letteres presently written in cypher to Randall, which you
shall receyve herewith ; but surely we thinke if they be not
relieved and supported by the Quenes Majestie, their po-
vertee being suche as they alledge, they must of force desiste
and leave off their interprise to their owne confusion ; and
if by her Highnes ayde they may prosper and achieve the
same, yet in the ende, as farre as we can see, her Highnes
must either manyfest herself on that syde, or ells they shall
not be able to stryve and wrastle with the power of Fraunce.
Wherein we be bold to say our poure mynds, as men which
from the bottom of our herts do wyshe and desire the esta-
blishement of this islande in perpetuell unytee and concorde,
the lyke oportunyte whereof that is nowe offered, we thinke
we shall not lyve to see, if this be pretermitted ; the consi
deration whereof we referre to the wisedom and depe judge
ment of those to whom it chiefelie apperteyneth, which can
more depely wey it, and decerne and see further in the same
then our poure witts can arreche. So we ende, commytting
you to God who directith all to his pleasure. From Ber-
wyck, the 27th of October 1559.
Your assured poor friends,
R. Sadler. Jamys Croft.
P. S. — You shall receyve amongst the rest a lettere from
Knox to Mr Rayleton, who before wrote to him to getto
som knowledge of the Greate Seale, which you lately willed
us to inquyre of that shoulde be sent out of Fraunce into
Scotlande ; and now you shall perceyve what the saide Knox
writeth of the same, which, as he termeth it, in his saide let
tere, he calleth a Jewell ; and by the things ingraved in the
staff he writeth of, sent to the Regent from her sone and
daughter of Fraunce, he meaneth the armes of England,
Fraunce, and Scotland. 26

402 APPENDIX. [BOOK I.
Knox to Mr Croft, 29th October 1559.
Your reassonable answer to my onreassonable requeast,
Rycht Worshipfull, receaved I this 28th of October, and have
imparted the contents of the sam to such as partlie induced
me befor to write. I was not altogether ignorant, neather
what mycht ensew your manifestation in supporting us,
nether yit how far did your commission extend in such cases,
but considdering, as my slender witt did serve for the tym,
whether ther war the greatter daunger, the Nobilitie heir to
be defaitt, or yit frustrat of thare interprise, or ye to abyd
the hasard of the future and suspected incommodities, it
appeared to me that the formar mycht justly devour the
other. As touching the leage and treatie of peax which now
ye supposs to have with suche as ye term your friends, I
unseamedlie wishe that it war so suyr that you should never
have occasion to break any joit contracted ; but whether it
may stand with wisdom to have such respect to that which
som men call honour, that in the mean tym I shall see my
freind perrisse both till his distruction and myn, I reffer to
the judgement of the most honorable.1 Fraunce was under
leage and treatie of peax with England, when it did mani-
festlie support Scotland to both our displeasour, and yit I
think that thei nether wold have confessed breche of treatie
nor blemyshe of honour ; but omitting to urge that mater
any farther, I beseche God that we both reapent not the
drift of tym, when the remeady shall not be so easy. Yf
you understood the daunger as I do, luf should compell you
somwhat to excead the bounds of your commission, yf you
can fynd no meanes secreatlie to convey such liberalite, as
freinds with you please to bestow upon such as otherwies
cannot serve. I am less able att this present to compass such
a thing, than be you and many mo of your acquentance now
present with you ; but this I will yit say, as of befor, that
onless speady ordour be tacken in that case, our number
will schortlie be so mean, that som will repent that thei
sawe Edinburgh att this vayage.2 Besides those whom befor
1 See how Mr Knox still presseth his underhand management.
* "We are often assured by these letters that had Queen Elizabeth
abstained the Queen Dowager had soon prevailed.

BOOK I.] APPENDIX. 403
I did speak, it will please you remember that the Master of
Maxwell1 hath susteaned great damaige. Ormeston is j oyned
with us, to the comfort of many. Touching secreasie, which
ye request, I dar promess for som, and for myself ; but diffi-
cill, it is, Sir, to bridill the tonges of a multituid in maters
which must pass by publick and common suffrage, but ma
ters which concern particular persons ar not to my know
ledge verrey patent. I hope that God hath delivered me
from the most part of those civill effaires, for now ar men
of better judgement and greatter experience occupied in
those maters. Young Ledingthon, Secretarie, is delivered
from the fearfull thralldom of the Frenchmen, and is now
with us in Edinburgh, who, I truist, shall releas me of the
presupposed jorney. In few words, Sir, yf ye joyn not with
us in oppen assistance, we will both repent when the remeady
shal be more difficill. Ye have now the man to whom ye
may communicat all things, to whom also I wold wishe ye
had respect. The Lord prosper all to his glory, and to the
comfort of our posteritie. In great hast from Edinburgh,
this 29th of October 1559. Yours to power,
John Sinclear.
Mr. Henry Balmavis to Mr Croft?
After most hearty commendations, Rycht Worschipfull,
this is to certifie, that the mater has evill chancit the Lord
of Ormestoun, who by the Erie Bothwell was this last Tus-
day at nycht besyde Haddyngtoun takin, hurt, and spolziet
of that he hadde. How sone this word came to the Lords,
they upon Weddinsday raid to Crechtoun,3 four hundrecht
horsmen, thre hundrecht futemen, and certan peces of ordi
nance, trusting to have found there the Erie of Bothwell ;
1 [The Peerage Lists, especially Douglas' Peerage, edited by "Wood,
folio, vol. ii. p. 316, 317, under Earls of Niihsdale, represent that Robert
fourth Lord Maxwell died in 1546, and was succeeded by his son Robert,
who was served heir in 1550. This Lord was succeeded by his posthu
mous son John, who was served heir in 1569. Probably Robert fifth
Lord, who in his father's lifetime was designated Master of Maxwell, is
the personage mentioned by John Knox in this letter. — E.]
2 Calig. F. 80.
3 [Crichton Castle, now in ruins, in the parish so called, on the banks
of the Tyne, nearly five miles south of Dalkeith.— E.]

404 APPENDIX. [BOOK I.
but he was departit suddanly upon ane hors without sadill,
bout, or spoures. And then the Lords tuke the house,
and put in the sam fifty hagbutars to keip it, and send the
capitan of the said hous to the Erie Bothwell, desiring hym
to restore the money, and redress the wrong done to the
Lord of Ormestoun, or ellis they wold spolze the said house,
and destroy it. As zit thay have resavit no answer of hym,
bot this day ar ryddyn agane to that end, if he satisfie
thame not, to performe the thing they promist him. Upoun
Weddinsday last, the Frenchmen being advertest in Leyth
of the small number left in this town, ischit furt and cam
suddanly upoun certan pecis of ordinances lyand upoun the
hill1 betwen Leyth and Edinburgh, schoting at Leyth, and
put the futemen, whiche was but ane few or small number,
fra the said ordinance, and tuke two of the sam, one whiche
was brokyn, and ane other, and chasit the futemen in with
small hurt ; and so maid suche a frey to the town, that all
was out of order the space of two hours. Thar was slane
of our syde pure men, wemen, and bairns in the sowborbs
of the Cannogait, ten or twelve persones, and of the French
men as many or mo, as thamselfs hes grantit ; amangs the
whiche they want two capitans, whiche thay understand to
be takyn, but thay ar dead indeid. All this mischance
happinnit through the takyn of the Lord of Ormestoun.2
As for his hurt, he will not be any thing the worse ; but the
lose of the money greves us sore, more for the discovering
of the mater, nor the want of the money. Howbeit the
sam is ane great dammage to us ; for it shall not be possible
to us till keip our men togydder without money, and that
was the caus of the last written I send, our necessite being
so great. And zit if heasty remead be not providit for oure
support, it will be too true that I wrot ; for we sail suffer
the present dammage, and peraventure when you wald sup
port us it shal be too lait, without the heastier expedition
be maid now presentlie, considering that whiche was sent
is lost. It now behuffit me to answer to some points whiche ar
laid to my charge, as doing my duety in the thing committit
1 [Evidently the Calton Hill.— E.]
2 [Cockburn, Laird of Ormiston, or proprietor, indicating Lord of the
Manor of Ormiston. — E.]

BOOK I.] APPENDIX. 405
to my credit. The first, that I was too slaw in advertes-
ment geving. I answerit that in my last letter, that I gave
sufiicient advertesement to provide money in the letter I
sent with Alexander Whitlaw, advertesing how every thing
was appointit to be done as it is succedit indeit ; and ther-
fore desirit the money to be in reddynes about the last day
of October, or soner : and this advertesement was geven bo
me sax wicks before the tyme. As for ony other materis of
wecht or importance, I had none, till the tyme we cam to
Edinburgh ; and so thar is na suche great caus of sleuth-
fulnes toward my part. And as for my importunete in
writtein, if you did know how I was urgt therto be the
Lords, and also the necessite whiche cravet the sam, that
mycht be easily borne with ; but if I had writtyn to the
Counsale, I wold have writtyn no less, hearing of thame by
mouth-speaking, as I did heir of you, assuring ayd as neces
site requirit. And as for keiping of closurs, that standit
not in my hand you know ; thay whiche sent me for that
money must needis be upoun counsale of disponing therof,
whiche was not possible to keip close, by reasone of the
listing of the men of warre. It is knowing that we ar not
hable, without support of others, to susteyn suche charges,
and therfore our adversaries presumes we have support of
you ; yea veraly our awin selves cannot keip the sam close,
becaus thar is so mony being in our counsale whiche can
not be brought to ane few number, as the mater is now
standis with us. Last, where it is reportit to you, that the
money I receyved was not bestowed upoun the commoun
affaires, but upoun particular persones, &c. That is most
ontrue, who evir reportit it, as I schall clerly schew ; for
there was ane thousand futemen incontinent listit, whiche
ar payit ane monethes wages with the said money. And
becaus thay thought more necessarie to have futemen then
horsmen, ther was listit agane 500 futemen, whiche ar like-
wyse payit ane monethes wages. And ane hundreth hors
men at the leading of the Lord of Gray and Alexander
Whitlaw, whom I payit at the command of Mr Randolph,
as having commission from you. And I deliverit to the
Erie of Glencarn and Lord Boyd 500 crowns, which was
the best bestowed money that ever I bestowed, ather of
that or any other ; tho which if I had not done, our hoyll

406 APPENDIX. [BOOK I.
interprise it hatht bene stayd, both in joyning with the
Duke, and cuming to Edinburgh, for certan particular causes
that war betwix the saids Lords and the Duke, which war
sett down by that meanes be me so secrete, that it is not
knowen to many. Her is the hoyll mater oppynnit upoun
bestowing of the said money. Now judge you my pie. But
in tymes to cum I shall save myself from such blame with
the grace of God. I think I desservit more thanks. It
was presumit that I had receyvit twentie thousand crowns,
and wold not bestow it as every man wold. This is the
commoditie that I had for my travell, bot I serve God prin-
cipallie in this mater, and consequentlie that thing whiche
may tender the common weale of baith thir realmes, as God
bearetht witnes to my conscience, and I am hable to Justine
when tyme and occasion suit; so I take the less care of
tales. Had I suit sum mennis appetites, thar hatht bene
no word of the money bestowing ; but hatht I done that, I
culd not have answerit to you upoun my honour, as I dar
now baldly write and speake. The man whom you desyre
will be sent to you frely instruckit, how soone lasser may be
had, and sum stay of thir present besyness. The payment
of our futemen extendis monethlie everie ansenye1 (whiche
ar now sex in number) to L.290 sterling. The hundretht
horsemen extends to monethlie, in ordinarie payment L.230
sterling. By this you may calkill what twa thousand fute
men and thre hundreth horsemen will tak monethlie, whiche
is the least number the Lords desyris to have furnesat at
this tyme. And as for the money lost by the Lord Ormes
toun,2 the Lords will send you thar writtyn upoun the sam
as the mater hatht chancit. If Mr Randolphe hatht not
bene her present, I wold have writyn oftiner to you ; not
withstanding as materis occurris, and as I may have lesar,
(whiche is rare) you shalbe ad veriest. Thus not molesting
you longar, I committ you to the tuition of Almychty God.
From Edinburgh the 4th day of November, anno Dom. 1559.
Your much assured frend at power,
Hen. Balnavis of Halhill.

[Or einsemyie, a company of soldiers. — E.]
2 [The Laird of Ormiston. — E.]

BOOK I.] APPENDIX. 407
xxil. — This Number is casually fallen by ; however it is of
no great consequence, after what Mr Knox relates of the
same thing. But to make more than amends to my read
ers, I present them here with some valuable Papers for
illustrating the History, viz. — A true and faithful copy of
the Short Discussion of the Weighty Matter of Scotland,
p. 370 of [in] this Appendix [volume], taken for me out
of the Cotton Library. It is all written by Sir William
Cecil himself, and is as follows : —
A Breefe Consideration of the Weighty Matter of Scotland.
Question, Whether it be meet that England should help
the Nobility of Scotland to expell the French, or no !
That No. — 1. First. It is against God's Law to aid any
subjects against their natural princes, or their ministers.
2. It is dangerous to do it : For if the aid be secret, it
will not suffise ; if it be oppen, it is the break of peace, and
entry into warres.
3. It may be dowted that when aid shall be given and
money spent, the French may compound with the Scots,
and pardon that error, to joyn both against England ; and
more to be dowted, if warr should be made oppen ageyntst
the French, for France had rather make a shamful compo
sition with Scotland, than lefe it unto England.
4. It may be dowted that to stay the progress of relli-
gion, the Emperor, the King of Spain, Potentates in Italy,
the Pope, the Duke of Savoy, will rather conspire with the
French than to suffer these two kingdoms to be conjoyned
in one relligion.
5. It may be dowted that many in England and Scotland
also that cold be content with the coincidation of them both
in one monarchy, and to be delyvered of the French, will
not willyngly accord to have them conjoyned in relligion.
That Yea. — 1. It is agreeable to God's Law for every
Prince and publick State to defend itself, not only from
present perrils, but from perrils that be feared to come.
2. It is not disagreeing to God's Law to use the same
manner of defence that the enemy useth in his offence.
These two principles not denied, it will easily follow that

408 appendix. [book i.
England not only may, but owght by lawe of nature, helpe
to expell the French from the conquest of Scotland.
1. First, The Crown of England hath a good, &c. (All
what follows is verbatim and exactly the same as in Number
LIV. of Burnet's Appendix, Conclusion, and every thing;
so that it would be to no purpose to set down here).
Instructions given by the Queen's Majesty to William Winter,
Esq. Master of the Ordnance of her Majesty's Admiralty,
sent at this present to the seas with fourteen armed ships to
sail to Scotland.1
Imprimis, He shall sail in one of those fourteen ships judged
fittest by the Lord Admiral, and shall take with him the
rest of the ships, as also the transports to carry provisions
and military stores to Tinmouth,2 Holy Island, or Berwick,
and shall bring with him all the transports which he shall
find in any port ready for that service, and shall endeavour
to preserve that fleet, and keep good discipline therein.
Secondly, He shall make what dispatch he can with the
foresaid ships of war, to convoy the transports to Berwick,
&c. Then he is to consider, that if without danger of the
fleet he may enter the Frith of Forth, but he is to be ad
vised in this by Sir Ralph Sadler and Sir James Croft ; and
if he find it not dangerous, notwithstanding the French
navy, he shall enter it, and commit no hostilities, unless at
tacked by the French, or Scots of their party ; and he shall
do what he can to defend the Queen's navy, and to offend
the French to the uttermost, by shot, fire, or otherwise.
But if he shall have no hostilities offered him, which proba
bly the French will forbear, because of their weakness, yet
he must perform the things following : —
1. He shall do what he can to hinder any French ship,
or any assisting them, to enter the Frith with provisions or
men, and that none come out of it, but to take and destroy
them. 2. To hinder any ships within the Frith to land men, pro
visions, or military stores, for the use of the French or their
1 N.B. — Sir Robert Cotton remarks that this is from an original in the
hand of Secretary Cecil. Date 16th December 1559, F. 57.
2 [Tynemouth, on the coast of Northumberland. — E.]

BOOK I.] APPENDIX, 409
friends at Leith, Inchkeith, Dunbar, Blackness, or any other
place. 3. He shall assist, as much as he can, the Nobility of Scot
land and their party who have declared against the French,
for the liberty of their country.
4. If he find a fit opportunity, and any prospect of suc
cess, he may surprize or fight the French navy, wherever he
can find them ; to which end he must have his fleet in good
order, and take what assistance he can have from the Scots
who have declared against them. For the chief of his busi
ness is to hinder any more power to come from France, and
to hinder any ship to go thence with intelligence.
5. If possible, he is to communicate with Sir Ralph Sadler
and Sir James Croft, to whom he shall show his instructions,
and with their advice shall undertake what shall be thought
most fit for the Queen's service.
6. If it shall be thought fit not to attack the French fleet,
and only to guard the mouth of the Frith, then he shall
only be upon the defensive. To colour this, he is to give
out, that he is either driven by wind, or that he is come to
victual upon the coasts of Fife, or use some other pretext,
till further occasion shall happen to commit hostility.
7. Though her Majesty hath many good reasons to make
war upon the French, yet Mr Winter shall not name any as
in the Queen's name ; but shall say, that having conveyed
provisions to Berwick, he thought fit to ride in the Frith
thirteen or fourteen days till the transports were unloaded
at Berwick, and that he cannot ly there with his great ships.
It is thought -the French will soon give him some good cause
to begin the war, except cowardice prevent them ; and
though there be no other, he may challenge the French for
carrying the arms of England, to the dishonour of his Sover
eign and his country, and which he cannot bide. And so,
as from himself, he may begin hostilities upon any prospect
of success.
8. Upon the advice of Sadler and Croft, he may endea
vour to victual his fleet, or part thereof, upon Fife-side, by
the assistance of the free Scots, upon reasonable prices, by
which he may save his provisions.
Lastly, He shall use great caution until Northfolk1 be
1 [See the note p. 114 of this volume. — E.]

410 APPENDIX. [BOOK I.
come to the Borders ; before that time he should take the
advice foresaid.
Part of an Answer to be said to Monsieur de Seury, the French
Ambassador, by commandment of her Majesty (the Queen of
England), the 17th day of February 1559, by Sir William
Cecil and Sir John Mason, Knights.^
The next point is, her Majesty remembered that the Am
bassador seemed desirous to know, whether her Majesty
meant assuredly to keep peace with the French King.
Whereunto her Majesty answered, that except she had con
trary occasion offered to her, she meant no otherwise. And
thereupon the Ambassador touched the aiding or comforting
of such as he called rebels in Scotland, and therein her
Majesty also coveting to end her speech, used the less talk.
But because her Majesty meaneth not to say otherwise
than she thinketh, although she will not many times speak
all that she thinketh, therefore her Majesty in this case
assureth them, that she doth not take the Nobility and
nation of Scotland to be rebels, as they term ; but as the
matter itself is manifest, they do shew themselves wise and
natural subjects to the crown of Scotland, to adventure the
offence of the French King for defence of his wife's right,
their Sovereign. And indeed, if they should permit the
kingdom now to be evicted out of the governance of the
nation of Scotland, during the marriage and absence of their
Sovereign out of their realm, and whilst she is directed
only by the French and no Scots, both in Scotland, as by
her mother and certain advocates of France, and in France
by the Cardinal and Duke of Guise, truly the world might
speak shame of them ; yea the Queen herself, if she should
overlive her husband, should have a just occasion to con
demn them all as cowards and unnatural subjects, specially
having on their part the laws of the realm, and the force of
divers pacts and covenants made by the French King ; and
considering with what difficulty she was transported thence,
and married to so mighty a Prince. Whereas no regard is
had to her kingdom, but all that may be devised to cause
her neglect her crown and estate.
1 Calig. B. 10.

BOOK I.] APPENDIX. 411
A Memorial to be sent to the Queen-Dowager of Scotland (11th
April 1560), by Chapperon, in Cyphers, deciphered?-
In case the Bishop of Valence go safely to the Queen-
Dowager, she shall understand by him how all things here
passed with the Queen of England, the hardness that he
hath found in her, and the wicked conditions which she re-
quireth, as well for her own respect as for that of the Scot
tish rebels, whereby the said Dowager shall be well able to
judge what is to be hoped for from England. She shall also
know of the said Bishop of Valence, to what reason the
French King would have come to quench the fire which the
Queen of England doth nourish, and the means which he
hath chosen to mollify her, and to take away all occasion of
the jealousies which she sheweth to have of the forces which
the King caused to be sent into Scotland. All which things
have done no good, and little is to be hoped thereof, if the
going of Mons. de Glacon, who is sent thither by the King
of Spain, do no good in the matter.
By means whereof, if there be small hope to bring the
said Lady to any reason, it seemeth to the said French King
that the best that may be done is to essay to qualify the
matters of Scotland, if it be possible, essaying to win some
of the Lords with promise to be saved harmless, and to
assure them of their pardon, and all that is past to be for
gotten, so that they will return into the high way, and unto
the King's obedience, which the King only desireth, accord
ing to the contents of a Memorial and Instruction which
was given of this matter to the said Bishop of Valence, who
knoweth the King's mind therein and the fine.2 If the said
Queen do continue still in her opinion, it is very hard, but
the breach will be discovered out of hand ; notwithstanding
the King desireth, if there can no better way be taken, that
every man should stand upon his guard, providing for the
holds the best that may be possible, till the succours come
that are to be sent thither, which shall be so good and so
strong that he hopeth to have reason at the rebels hands,
and also to keep the Queen of England from hindering him
1 Calig. B. 10.
2 i. e. Final resolution. This was probably the Latin order, p. 390 [of
this volume].

412 APPENDIX. [BOOK I.
to chastise the said rebels, and for all the month of June, or
at the furthest, by the middle of June, the said succours
shall be there.
In these succours shall be some vessels of the King of
Spain, and a good company of his subjects, which he hath
offered to the said French King to chastise the said rebels,
having assured the King, that for that purpose he will assist
him with all that is in his power to do. The Queen-Dowager
is there accompanied with many honest men and good coun
sel, if she can find the means to bring the matters to a sus
pense ; and so to order the same as it come not to arms, the
King would take it in most acceptable part, as above all
things he desireth, for that he feareth lest the slackness of
his succours may be to his great hindrance, and yet never
theless rather than he would do any thing in this case that
should be to his rebuke, he is fully determined to abide that
which it shall please God to appoint to him therein.
In the meantime, because the said Lady Regent may have
means to supply the charges that she is at for the maintain
ing of the men of war, the King hath sent her within these
eight days by the little mariner whom she sent hither, the
sum of 6000 francs, with twenty barrels of powder, and now
he sendeth her by Captain Chapperon another sum of 4000
crowns, having thought good to help her thus by little sums
by divers ways, till such time as he may with surety send a
good and great reinforcement of money, as he hath deter
mined to do with the forces that shall pass thither.
And the said Lady may assure herself that he will not
omit one only occasion on his part, whereby he may get any
commodity to fortify her, or at the least, to essay to repair
things by one means or other, for the benefit of the affairs
on that side.
Forasmuch as the said Queen of England hath not in any
thing been so earnest with the said Bishop of Valence as
in that he had not commission to promise any thing to the
said rebels, and to treat with- her upon such points as she
thinketh are not well understood, nor made plain between
the King and her, there is sent presentlie a general com
mission, which the said Lady Regent may use towards the
one and the other, as she shall see it requisite for the benefit
of the affairs of the said realm of Scotland. So that finally

BOOK I.] APPENDIX. 413
there needs none instruction be sent from hence more parti
cularly ; referring the .whole matter to the said Lady Queen
Regent, and to the good Council which she hath about her.
(This seems to be an Abstract of the Memorial).

XXIIL, XXIV.  A LETTER FROM THE COUNCIL OF ENGLAND
TO SECRETARY CECIL, &C.1
After our right hearty commendations, we have received
your letters of the 8th of this month, and do thereby per
ceive what you have done with the French Commissioners
upon your first meeting with them ; wherein, as you have
very wisely and circumspectly begun, so mistrust we not but
you will continue the like, and go forward in the same as
occasion shall be offered. And where the Queen's Majesty
received yesternight certain letters and intelligences out of
France from Sir Nicholas Throckmorton, by Mr Jones, her
Highness's servant, dispatched hither expressly for that
purpose, her Majesty hath willed us to send the same unto
you, which you shall receive herewith ; that is to say, an
Instruction delivered by the said Jones touching the state
of things in France, which he hath opened unto her High
ness in such sort as you may perceive by the same ; certain
intercepted letters sent by you, Mr Secretary, to be decy-
phered by Mr Sommer ; a Memorial sent to the Dowager
of Scotland ; and a letter from Mr Throckmorton unto you,
which have been decyphered here, to the intent you may by
the same gather out such matter as you shall think may
best serve for the bringing to pass of that you have pre
sently in hand. And albeit we mistrust not but you can by
your own wisdoms well enough note such grounds and points
in the same intelligences and letters as are fittest to be pro
vided for and considered, yet have we thought meet specially
to put you in remembrance of two principal matters, whereof
we think great consideration is to be had. We perceive first
by the said intelligences, that the Dowager hath not only
victualled the Castle of Edinburgh, but also hath begun to
new fortify the same, meaning (as by the contents of these
letters and advertisements may be gathered) that (if Leith
shall be brought to any extremity) some sally in the night
1 Calig. B. 10. an Original.

414 APPENDIX. [BOOK J.
or other practice shall be attempted, to the intent thereby
the chiefest persons within the town may escape to Edin
burgh Castle, which place it seemeth they make account to
keep, and therefore special regard would be had to the pre
venting and meeting with that matter, if any such thing
shall happen to be intended. It appeareth also that of late
there have two principal persons escaped by sea out of Leith
and come into France, whereat we cannot but much marvel.
And for the better looking to the like hereafter, it shall be
well done you give knowledge thereof unto our very good
Lord the Duke of Norfolk,1 to the intent he may give warn
ing to Mr Winter, to cause better heed to be given hence
forth to his charge. And thus we bid you right heartily
farewell. From Greenwich the 12th of June 1560.
Your assured loving Friends,
Northt. Pembroke. Howard. Tho. Parry.
E. Rogers. Willm Petre. E. Clynton.
Dacon 4.
A Letter from Sir William Cecil to the Queen qf England.2
It may please your most excellent Majesty, since our com
mon letters of the 19th, wherein we declared how far we had
proceeded to that time, we find that this abstinence hath
done us much good divers ways. The strength of the town
hath been quietly and truly viewed ; there hath been also
means used to draw some special men out of the town from
the French, and at this present I perceive the men of war
make little doubt of winning the town, having the army here
to besiege it ; nevertheless I and Mr Wotton take another
way, and mean to obtain that by treaty with a peace to
follow, that the others would by loss of blood, with a war to
follow. We doubt not but to obtain all reasonable things,
saving surety towards both these Realms, and such is the
case, being betwixt a Prince and subjects, as we know not
how to provide for surety of subjects against all adventures,
without such dishonour to the Prince as neither will be

1 [Thomas fourth Duke of Norfolk, who succeeded his grandfather the
third Duke in 1554, and in 1572 was attainted and beheaded on a charge of
high treason for his correspondence with the Scottish Queen Mary, then
a prisoner in England. — E.]
2 Calig. B. 10. an Original.

BOOK I.] APPENDIX. 415
granted nor can reasonably be demanded for subjects. 1
, assure your Majesty these cases be marvellous difficult to
resolve, and yet considering I know the French malice, and
am wholly addicted to your Majesty's honour and surety, I
would not yield so much to the French Queen's honour in
behalf of her subjects, if your coffers were full to maintain
but one year's war, such would be your honour, conquest,
and surety. Our greatest difficulty at this present will stand
upon continuance of the league betwixt your Majesty and
this Realm, wherein I find the Scots so peremptory as they
all stand fast thereto, that they will never accord to break
it of their part ; within two days it will appear what shall
ensue thereof, for I see the French be as peremptory, so that
except the moderation come of our part, I see no hope of
accord. Thus much I am bold to trouble your Majesty in
this matter —
This afternoon Mr Wotton and I should have heard the
French and Scottish artillery, I should say, Articles of their
Treaty ; but they be so long in planting, as I think it will
be to-morrow in the morning before the battery will shoot
off. The French seek all the ways they can to put a jealousy
in the Scots of us, so as we see what they shoot at, wherein
if there were not more trust that the matters would keep
them asunder and us together, than in any certainty in the
nation of Scotland, I would fear more than I do. But
surely the hatred to the French is such, and the causes so
many, the benevolence at this time towards England is so
great, and that with such desert, as I see not that in long
time, the French shall recover the minds of Scotsmen against
us, as in times past hath been. Since the Queen's death
there be none in Scotland that dare openly shew favour to
the French. The Bishops that be most offended, dare not
shew any countenance to these men, nor dare come out of
the castle for hatred of the common people. We did offer
the Archbishop of St Andrews a guard to come to the
Ambassadors, but he durst not, and so the French Ambas
sadors went into the Castle to him and others. I will no
more molest your Majesty, but  . From Edinburgh the
21st day of June, at four o'clock in the afternoon, 1560.
Your Majesty's humble subject and unwordy servant,
W. Cecill.

416 APPENDIX. [BOOK I.
xxv. — The readers will see the Paper here intended to
be referred to, in the Introduction to the Ecclesiastick
Affairs, Book II. Chap. 14.
Lest it be thought that I have been too concise in the
First Book of the preceding History, or have not supported
some facts with their proper authorities ; to prevent both
these complaints I have inserted here all the Acts of Privy
Council, from the oldest date of that Register in the year
1545, which can serve fo enlarge or illustrate the same ;
only I have designedly omitted such Acts as will be found in
the Appendix of the Book intituled, Epistolw Begum Scotim,
seeing those that are desirous may have the satisfaction to
view them there. As for the Registers of Parliaments, I
think I have omitted nothing in the History that could be
of public use.
Apud Sanctum Andream, 25th Junij, 1545.
Sederunt Cardinalis Cancellarius, Episcopi Dunblanen,
Orchaden, Comites Huntly, Ergile, Bothwill, Cassillis, Glen
cairn, Bothes, Morton, Menteith,1 Abbates Paisley, Dunfer-
melyn, Lundors, Glenlyss,2 Dundrennan3 Culros ; Domini
Fleming, Buthven, Boss,11 Setoun, Yestir, Hume, Lindesay de
Byris, Glammys, Somervil, Methven ,5 Semple ;s Magis-
tri Eglinton, Bothes, Semple, Montros ; Domini Georgius
Douglas de Pettindreich,1 Johannes Campbel Miles, Vice-
1 ["William Graham, fifth Earl of Menteith.— E.]
2 [The Cistertian Abbey of Glenluce, or Luce, was founded by Roland,
Lord of Galloway, in 1190. The dilapidated ruins are in the vale of the
Luce, above the parish church of Old Luce, "Wigtonshire, near Glenluce
village, at the head of the Bay of Luce. This Abbot is not known. — E.]
3 [Dundrennan Abbey, in the parish of Rerwick, or Rerrick, beauti
fully situated in the valley and near the village of its name, was founded
by Fergus, Lord of Galloway, in 1140 or 1142. It is now a venerable
ruin. — E.]
4 [Ninian Ross, fourth Lord Ross of Hawkhead. — E.]
6 [Henry Stewart, Lord Methven, second son of Andrew Lord Avon-
dale, created Lord Methven in 1528, after he married the Princess Mar
garet of England, Dowager of James IV., and mother of James V. — E.]
6 [William Sempill, second Lord Sempill. — E.]
7 [Sir George Douglas of Pittendriech, father of James fourth Earl of
Morton, afterwards Regent. Sir George was the second son of George
Master of Angus, eldest son of Archibald fifth Earl of Angus, or Bell-tlie-
Cat.—'E.]

BOOK I.] APPENDIX. 417
comes de Are,1 Garlis,2 Lochinver,5 Blarquhan, Lag junior,
Ninianus Crechton; Coldounhiowis, Cessfurd^ Sauchty.
The quhilk day, anent the exponitioun maid in presence of
the Quenis Grace, my Lord Governour, and Lordis above-
written, be Mons. Lorge, send fra the maist Cristine King
of France, with ane support of men of weir, baith on horse
and foot, for the defences of this realme, owther to defend
or invaid the common inimy of Ingland, as it sail plese my
Lord Governour and my Lordis Estaitis of this realme ;
and offerit himself, with all that he hes brocht under the
charge, reddy at all hour and tyme as he sail be desyrit
thairto. Desyrand thairfore my Lord Governour and Noble
men of this realme to declair thair pairt, and latt him under
stand quhat dehberatioun thai will giff in this behalf, and
how thai will use themselffis in the premissis. My Lord
Governour, Lordis, Baronis, and Gentlemen underwritten,
quha hes presentlie subscrivit this present Act, all in ane
voce, without discrepance or variance, hes declarit, every
man for his awne pairt — That sen the said maist Cristene
King of France hes schawen him sa grete and tender ane
friend, luifing fader to the Quenis Grace, our Soverane
Lady, and defender to this realme, that baith thai and all
the remanent Nobillis and Baronis of this realme, and
uthers lieges thairof, sail and suld be reddy att the utmaist
of then- power to defend, as the tyme sail be thocht expe
dient to my Lord Governour and Counsall of this realme,
agains the said auld inimy of Ingland, and to invaid the
realme of Ingland als oft as the occasioun of tyme sail
occur, and be thocht necessar and profitable. James G. D.
Cardinalis Cancellar.  Brechynen.5 W. Dunblanen.
Jo. Orchaden. Arch. Erie of Angus, G. Erie of Huntly,
Arch. Erie of Argyle, Patrik Erie of Bothwell, Rothes^
Glencairn, Cassils, Erie of Montrois, Jhone Erie of Mon-
1 [In the Peerage Lists Sir Hugh Campbell of London, an ancestor of the
Earls of Loudon, is mentioned as Sheriff of Ayr.— E.]
2 [Sir Alexander Stewart of Garlies, an ancestor of the Earls of Gal
loway. — E.]
3 [Sir James Gordon of Lochinvar, who fell at the battle of Pinkie in
1547, an ancestor of the Viscounts of Kenmure. — E.]
4 [Sir Walter Ker of Cessford, an ancestor of the Dukes of Roxburghe.
~ E.] s [John Hepburn, Bishop of Brechin. — E.]

418 APPENDIX. [BOOK I.
teith, William Lord  1, Alexander Lord Elphinston,
Drummond, Jhone Lord Lindesay,  Lord Somervil,
Lord Weems,  Glammys, Jhone Lord Hay of Yester,
Ruthven ; James Commendator of Kelso and Melross, &c.
Dunfermlyen, E. Commendator of Driburgh, Lundors,
Paisley, Hary Abbot of Drumdrennane ; Maister of Eglin
ton, Maister of Semple, Shirrif of Ayr, Jhone Campbel of
Cauder, Knicht, Alexander Stewart of Garless, Jhone Ken
nedy of Blarquhan, Thomas Kennedy of Bargenny, James
Gordon of Lochinvar, ¦  Walter Ker of Cessfurd, Ninian
Chrechton of  Robert Maxwell, Drumlangrik, Jhone
Johnston of that Ilk, Mr Walter Scot of Branxholme, Knicht,
Thomas Kilpatrik of Closeburne, Jhone Grerson of Lag,
Mungo Muir of Rowallan, Alexander Howme, Jhone Howme
of Blaketer, Robert Boyd of Kilmarnok, Nychol Quhitfurde
of Findol, Patrik Howme of Broomhouse, George Douglas.2
The samyn day, in presence of the Quenis Grace, my Lord
Governour, Lord Cardinall, and all the remanent of the
Lordis spirituall and temporall above-written, hes chesin the
Erlis of Anguss, Huntly, Ergile, Bothwill, Rothes, and
Glencairn, to sitt with the Quenis Grace, my Lord Gover
nour, and Cardinall foresaids, and to article, declair, and
conclude upon sik matteris as concernis the forme and man
ner of the weir, baith to defend agains the common inimy of
Ingland, and to invaid the Realme of Ingland als oft as the
occasion of tyme sail occur, and sail be thocht necessar and
proffitable, and siklike upon the matteris concerning the
ordering of the Borderis.
Linlithgow, 1st November 1545 . Prwsente Domino Gubernatore.
Sederunt Cardinalis Cancellarius, Episcopus Candidce Casw,
Domini Boss, Sempil ; Abbates Paslay, Melross; Secre-
tarius, Clericus Begistri.
 anentis Scotland,3 hes commandit and chargit that na
1 The blanks all along are such names and parts of the register as can
not be got read.
2 This has been the Convention of Prelates, Earls, Lords, and great
Barons, appointed to meet in Edinburgh the 24th of June, by the Act of
Council, 7th June 1545. See Epistolae Regum Scotise, vol. ii. p. 328.
3 The first two lines of the Register cannot be read, but in the Earl of

BOOK I.] APPENDIX. 419
presoneris Inglismen takin be Scottismen, and lattin hamo
again  upon thair band and faith to entre how soon
thai were callit for be thair takarris, suld entre again to
thair takarris, agains the auld use and consuetude observit
and kepit upoun the Bordoris, breakand thairthrow thair
faith and hurt to thair honesty gretlie ; thairfore my Lord
Governour, with avise of the Lordis of Counsall, hes statute
and ordanit that nane Scottismen takin presoneris be Ing
land, and lattin hame upoun thair faith and goidteis, entre
again to thair takarris in Ingland, under the pane of tresoun;
because it is consonant to all law, resoune, equitie, and jus
tice, that every man do and keip sik law and part as is done,
statute and kepit to thame be thair partie adversar ; that
letteris be directit heirupoun to the Wardanis of the Estir,
Myddill, and West Merches, and thair Deputis, to mak
publicatioun and intimatioun of this ordinance at all publick
places of the Bordoris, as hes bene usit in tymes bigane, and
to command and charge all and sundry our Soverane Ladyis
liegis dwelland within the boundis of thair Wardanance, to
observe and keip the samyn, under the pane foresaid.
Apud Edinburgh, 23d Maij 1546. Prwsente Domino
Gubernatore.
Sederunt Cardinalis Cancellarius, Episcopi Candidw Casw,
Dunblanen, Orchaden, Comes Errole ; Abbates Paslay,
DunfermUng ; Dominus Maxwell, Dominus Wilielmus
Hamilton.
The quhilk day, forasmekleas my Lord Governour and
Lordis of Counsall understandand that thair is diverss of
Mers and Teviotdale that sitts under assurance of Ingland,
incontrar the tenour of the Act maid thairupoun, incurrand
the panes contenit thairintill : Thairfore my Lord Gover
nour and Lordis of Counsall ordain the Justice-Clerk to call
all sik personis that sittis under assurance, as said is, quhais
names salbe gevin in bill att particular justice-courtis, to
Haddington's Collections we find the Act runs thus :— viz. " Proclamation
that seeing the Earl of Herford, Lieutenant of England foment Scotland,
has discharged all English prisoners lettin free upon their faith and suretie
to return unto Scotland, being required to observe the same : Therefore "
&c. '

420 APPENDIX. [BOOK I.
underly the lawis for the samyn, after the forme and tenour
of the Act maid thairupoun.1
Striveling, 10th Junij, 1546.
It is divisit and ordainit be the Quenis Grace, my Lord
Governour, and haill Lordis convenit in this present Con-
ventioun, that certain Lordis remane with my Lord Gover
nour, and be of seerete Counsall with him in all matteris,
and thai to remane monethly with him, and that to the
nowmer of foure ; and the first moneth to begin this day,
viz. the tent day of Junij instant.
Thir ar the Lordis devisit to remane the first moneth, and
to begin the said tent day of Junij instant, and to remane
quhill the tent day of Julij nixt thairafter ; Imprimis, Robert,
Bischop of Orknay ; George, Erie of Huntly ; William,
Lord Ruthven ; Sir George Dowglas of Pettindrech, Knicht.
Thir ar the Lordis devisit to remane the second moneth,
and to begin the said tent day of Julij, and to remane unto
the tent day of August nixt thairafter ; Gawin Archbischop
of Glasgow, Archibald Erie of Angus, Hew Lord Somerveil,
George Abbot of Dunfermelyn.
Thir ar the Lordis devisit to remane the third moneth,
and to begin the said tent day of August, and to remane
quhill the tent day of September nixt thairafter. William,
Bischop of Dunblane ; Archibald, Erie of Argile ; William,
Erie of Glencairn ; Donald, Abbot of Couper.
Thir ar the Lordis devisit for the ferd moneth, and to
begin the said tent day of September, and to remane quhill
the tent day of October nixt thairafter : Patrick, Bischop
of Murray ; Patrick, Erie Bothwell ; Gilbert, Erie of
Cassellis ; Malcolme, Lord Fleming.
Thir ar the Lordis devisit for the fift moneth, and to
begin the said tent day of October, and to remane quhill
the tent day of November nixt thairafter : William, Erie
Merschell ; William, Erie of Montrose ; Andro, Bischop of
Galloway ; Sir William Hamilton of Sanquhar, Knicht.
Item. It is devisit and ordanit that my Lord Thesaurar,
Secretar, Comptrollar, and Clerk of Counsall, and Justice-
1 There are several Acts to be met with in the Records against asswred
persons, and very justly, because these persons assisted the English in
making depredations within the limits of Scotland.

BOOK I.] APPENDIX. 421
Clerk, and Advocat, be of Counsall, and remane continually
thairupoun. Item. It is devisit and ordanit that quhen thir five
moneths ar furt runnin, and the Lordis hes bidden thair
moneths after the manner and order foresaid, that the foure
Lordis that begane the first moneth, viz. at the tent day of
Junij, sail entre again the said tent day of November, and
remane during the space of ane moneth ; and siclike, the
remanent of the Lordis above-written, to cum and remane be
the said space of ane moneth, ilk ane of thame in thair awne
rowme, eftir the forme, order, and maner before expremit.
Item. Notwithstanding this division of the Lordis of Coun
sall devisit to remane with my Lord Governour monethly,
it is devisit and ordainit that quhen ony utheris of the
Lordis of Counsall before namyt cummys or happynis to be
present, that thai sail be of Counsall with my Lord Gover
nour and the foure Lordis that sail happyn in that moneth
with his Grace for the tyme.
Item. Becaus the Lordis Erskin and Levingston, Lordis
ohesin to be of secret Counsall, may not remane with my
Lord Governour, becaus of the keiping of our Soverane
Ladyis persone : Nottheless it is devisit and thocht expedi
ent that quhen any of thame cummys, that thai salbe of
Counsall with my Lord Governour as said is.
St Andrews, 11th Junij, 1546.
The quhilk day my Lord Governour, in presence of the
Quenis Grace and the Lordis of Counsall, hes for gude con-
currance to be had for the commonweill of the realme and
stanchyng of division, dischargit the contract and band maid
to him be quhatsumevir Noblemen of the realme anents our
Soverane Ladyis merrage, and sail destroy the samyn, and
discharge all Noblemen that hes consentit thairto of the
said band. And siklik, the Quenis Grace hes dischargit all
bands maid to her be all manner of Noblemen, incontrar
the said contract. And als, my Lord Governour, with avise
of the Quenis Grace and Lordis of Counsall, hes dischargit
and dischargis all bands betwix the Noblemen of the realme
and utheris, and decernis the samyn to be of nane avail,
force, nor effect in all tymes to cum, conforme to the auld
Act of Parliament maid thairupoun.

422 APPENDIX. [book I.
And als, my Lord Governour hes declarit that he will
reward all Noblemen of the realme, every man in his awne
degre, for his gude service done, and to be done to the
Quenis Grace, and the autorite, to thair contentation, in sa
far as he may.
Edinburgh penult. Julij. 1546. Prwsentibus Begina et
Gubernatore.
Sederunt Gavinus Archiepiscopus Glasguen. Episcopi Can-
didw Casw, Orchaden, Comites Huntlie, Cancelhrius,
Angus, Bothwell, Cassellis, Merschell ; Abbates Paslay,
Culros, Dryburc, Dunfermelyn ; Domini Fleming, Buthvm,
Setoun, Hume, Lindesay de Byris, Hay de Yestir, Somer-
veill, Glammys, Elphinston, Secretarius Dominus Georgius
Douglas, Wilielmus Hamilton de Sanchar MiUtes, Cleri-
cus Begistri.
 And becaus the said umquhill Cardinall Chancellar hes
mony greit freindis in Fiff, Lowthiane, Angus,1 and utharis
pairtis, quhairthrow the zaidis personis may allege ane feir
and dredour that thai may nocht cum to allege thair defens
in the said mater, nor have sure passage to the town of
Edinburc ; thairfore ordanis Letteris to be directit to offi-
ceris of the Quenis Sherriffis in that pairt, to pass, com
mand, and charge all and sundrie our Soverane Ladyis
liegis, - be oppin proclamatioun at the mercat-croces of the
burrowis of Edinburc and Cowpar, and utharis places neid-
full, that nane of thame tak upone hand to mak ony moles-
tatioun, truble or impediment to the saidis personis in thair
bodeis, landis, and gudis utharwayis than law will, bot that
thai may frelis cum to the burc of Edinburc, pass and re
pass thairfra, and uis thair defens aganis the said summon-
dis as accordis, under the pane of tynsell of lyff, landis and
gudis. Edinburgh, 21st August 1546.
The quhilk day, forsamekle as thair is ane pece takin and
standand betwix our Soverane Lady and hir derrest uncle
the King of Ingland, quha hes written to hir Grace, shawand
1 [The counties of Fife, Linlithgow, Edinburgh, Haddington, and Forfar.
-E.]

BOOK I.] APPENDIX. 423
that thar is certane Scottis schippis in the Est seis and
utheris placeis that dailie takis, rubbis, and spulzeis his schip
pis and liegis of his Realme, passand to and fra, desyrand
thairfore hir Grace to putt remeid thairto, for keiping of the
said parte ; thairfore ordanis Letteris to be directit to offi-
ceris of the Quenis Sheriffis in that pairt to pass to the
mercat-croces of Edinburc and Kyngorne, Dysart, and Pit-
tinweme, Kircaldy and Inverkeithing, Quenisferrie, pere and
shore of Leith, Dunde, Aberdene, Montrois, Are, Irwyne,
Dunbertane, Glasgow, and uther placeis neidfull, and thair,
be oppin proclamatioun, command and charge all and sundrie
our Soverane Ladyis liegis, that nane of theme tak upoun
hand to pass furt in weirfair, unto the tyme thai cum unto
my Lord Governour and Lordis of Counsall, and have his
Grace's licence under our Soverane Ladyis Previe Seil or
Great Signet, and subscriptioun of my Lord Governour,
with sik restrictionis as sail be gevin to thame, under the
pane of tynsell of lyff, landis, and gudis ; and gif ony schip
pis happynis to depairt, that nane of thame tak upoun hand
to invaid, tak, truble, or molest ony Inglis schippis, under
the pane foresaid.
Apud Edinburgh, 21st Augusti 1546. Presente Domino
Gubernatore.
Sederunt Episcopi Dunkelden, Orchaden, Comites Angus,
Cassillis; Abbates Couper, Dunfermelyn, Ad. Otterburn,
Clericus Begistri.
The quhilk day, that forsamekle as it was devisit before be
my Lord Governour and Lordis of Counsale for apprehend
ing of Norman Leslie, sometyme Fiar of Rothes, James
Kirkaldy of the Grange, Petir Carmichell of Balmadde,
Johnne Leslie of Parkhill, and thair complices, our Sove
rane Ladyis traitoris and rebellis, and recovering of the
Castell of Sanct Androis furth of thair handis, that the said
Castell suld be assegit : And to that effect it was thocht ex
pedient that the Realme suld be devidit in foure quarteris,
and every quarter to remane with my Lord Governour at
the said assege for the space of xx dayis, and the first quar
ter to begin upon the xxix day of August instant, and to
remane with his Grace unto the xviij day of September nixt

424- APPENDIX. [book I.
thairefter. And that his Grace suld not be dissolat of men,
the second quarter to begin twa dayis before the outrynning
of the said xx dayis, and sa furt quarterlie during the tyme
of the said assege, as in the first act and ordinance maid
thairupoun is at mair lenth contenit : Thairfore ordanis let
teris to be directit to the Sheriffis of Perth be-est Tay, For
far, and Kincardine, and thair Deputis, and utheris officeris
of the Quenis Sheriffis in that pairt, chargeing thame to
pass to the mercat-croces of all burrowis within the saidis
schiris, and utheris places neidfull, and thair be oppin pro-
clamatioun, command and charge all and sundrie Erlis,
Lordis, Barronis, landit-men, Gentlemen, and uther substan-
tious zemen, men dwelland within the boundis foresaidis,
baith to burc and to land, alsweill regalitie as rialte,
dwelland upon spretualle mennis landis as temporalle men-
nis landis, that thai weill bodin in feir of weir, in thair maist
substantious manner, be in Sanct Androis the xvi day of
September nixt to cum, weill furneischt, to remane thairin
till unto the sixt day of October nixt efter thair cuming to
the said town, to the effect foresaid, under the pane of tin-
sell of lyff, landis, and gudis.
Item. Siclik letteris to be directit to the third quarter in
the samin sort and manner.
Item. Siclik letteris to be directit to the feird quarter in
the samin sort and manner.
Apud Sanctum Andream, 2d Octobris, 1546.
Sederunt Episcopi Dunkelden. Moravien. Comites Angus,
Ergile, Bothwell; PostulatusBosen.; Ad. Otterburn deBeid-
hall, Wilielmus Hamilton de Sanchar Milites, Clericus
Begistri.
The quhilk day it is thocht expedient be the Lordis above
written, that ane Commissioun be maid to certane personis
to pass in Ingland wele instructit, for to offer to the King
of Ingland the acceptation of the Comprehension of the
Quenis Grace, this hir realme, and liegis thairof, maid in
the article and treaty last past betwix the King of France
and Ingland, and efter the forme of the articlis send thair-
upon with Mons. de Mandoise, and ask the King of Ing-
landis confirmatioun thairupoun.

BOOK I.] APPENDIX. 425
Item,  1- Comprehension  a possible diligence

of the King of Inglandis utir answer, and sail remane quhill
the answer cum agane.
Item, That ane Commissioun be maid to the saidis ambas-
satoris that pass in Ingland, to commone, treate, and con
clude upon ane peace and abstinance of weir, as sail be
devisit, for ane space lang or schort, efter the informe of
the instructionis and articlis to be gevin in that behalf.
Item, In cais the King of Ingland will not accept the
Comprehension in manner and forme as it is maid, that ane
persone have power and commission to pass to the King of
France, and schaw in quhat pointis this realme is dampnagit
and skaithit throw the said generall Comprehension ; and
gif the King of Ingland will mak weir upon this realme, and
invaid the samyn, to require thairfore the King of France,
be virtew of his lieg, to declair the King of Ingland his
inimy, and defend, supple, and debait this realme, conform
to the treateis past betwix the Kingis of France and Scot
land, and thair predecessoris of before.
Sanct Androis,  December 1546.
The samyn day it is thocht expedient be the Quenis Grace
and Lordis of Counsall, that my Lord Governour sail pass
towart the Bordoris, with sik cumpany as he sail pleis to
tak to him, and to vesy the samyn, and put ordour thairto
as he sail think expedient, at the xxiij day of Zule : Not-
theless the quarteris to cum, and remane at the assege of
the Castell of Sanct Androis, ilk quarter in his tour, efter
the forme and tenour of the letteris and proclamation
directit thairupon. 11th October 1547.
Sederunt Episcopi Dunblanen. Moravien. Candidw Casw ;
Abbates Couper, Dunfermelyn, Culros; Postulatus Glasguen.
Thesaurarius Glasguen. Vicarius Generalis, ejusd.
The quhilk day, forsamekleas the haill clergie, Prelatis, and
beneficed men of this realme, laitlie grantit to my Lord Go
vernour for the furt bering of our Soverane Ladyis auctorite,
and repressing of faltors, and for divers utheris causis, the
sowme of 2500 lib. to be payit be thame to his Grace at

426 APPENDIX.

BOOK I.

the Feist of Midsomer last bipast, and the sowme of 2500
lib. at the Feist of Sanct Andro nixtocum, likeas in the
act maid thairupon is at mair lenth contenit. And now
the Prelatis and Kirkmen above writtin haifand respectis to
the effaris of this realme presentlie occurrand, and in spe-
ciale that our auld ynemeis of Ingland hes be way of deid
takin the places of Sanct Colm's Inche,1 the Craig and places
of Bruchty,2 the place of Hume3 and Aldroxburgh,4 and hes
ramforsat5 the said, and biggit fortalices and strenthis thair
intill, and daylie and continuallie perseveris in thair bigging
and ramforsing of the saidis places, quhilks may engenner
ane great inconvenience, without the samyn be haistelie
remeidit ; and for recovering thairof furt of thair handis,
the saidis Prelatis and benefittit men above writtin hes
instantlie advansit to my Lord- Governour, to the effect
foreeaid, thair partis of the said Androis-mess-terme, to-
gidder with the rest of the last midsomer terme awand be
thame, and promittis to pay the samyn incontinent in hand.
And thairfore exhortis and prayis the remanent of the Pre
latis and beneficit men of this realme that ar awand ony
rest of the last Midsomer terme, and siclik that aucht to
pay the nixt Androis-mess terme. That thai and ilk ane of
thame for thair awin pairt, awans now instantlie incontinent
the said taxt, and pay the samyn in hand to the effect fore
said, for the causis above writtin; and in likwys ordanis
letteris to be directit heirupon as effeirs. And gif ony
inferiors 
1 [The Island of St Colm in the Frith of Forth, opposite Aberdour.— E.]
2 [Broughty Castle, on the Tay, four miles below Dundee.— E.]
3 [Home Castle, in the parish of Home or Hume annexed to Stitchel
was the residence of the Lords Home, and was for ages a noted strong
hold during the Border wars and contentions. It was surrendered to the
Duke of Somerset in 1547, and retaken in 1549. Home Castle was besieged
and dilapidated by Oliver Cromwell. According to a local tradition,
when James II. marched to besiege Roxburgh Castle he left his Queen
in this stronghold, and on the day she was proceeding to visit her royal
husband she was met about a mile from Stitchel House by a messenger,
who informed her that the King was killed by the bursting of a cannon.
The tradition farther adds that this melancholy intimation caused prema
ture labour, and the Queen gave birth to a child on a hill since known as
the Queen's Hill. — E.]
4 [The castle of Roxburgh, or Auld Roxburgh, near Kelso, at the
siege of which James II. was killed. It was a Border fortalice of great
strength.— E.] 5 [Reinforced.— E.]

BOOK I.J APPENDIX. 427
The samyn day ane Reverend Fadir in God, Johnne Bischop
of Dunkeld, and the remanent of the Kirkmen above-written,
understandand the place of Sanct Colm's Inche is laitlie
takin be our auld ynimeis of Ingland, and that thai now in
stantlie ar biggand and ramforsahd the samyn, and without
the saymn be haistilie persewit and recoverit furt of thair
handis, thair may follow greit inconvenientis to this realme,
quhilkis may not be weill heireftir ramedit. Thairfore or
danis the Abbot of Sanct Colm's Inche to content and pay
to my Lord Governour the sowme of five hundredth pounds
usuale money of this realme, of the reddiest furth of the
said Abbacy, of this instant zeir and crop, to fee wageors
and men of weir for recovering of the said place furt of the
handis of our saids auld ynimies, becaus his Grace hes in
stantlie debursit the saymn before hand to the effect fore
said ; and ordanis the said Abbot and his Convent, religious
men, be honestlie stakit and furnischit, as effeirs, in the
places of Sanct Androis, Arbroth, Scone, Lundors, Dunferm-
ling, Pasley,]Cambuskynneth, and sik utheris religious places,
as sail be thocht expedient to put thame into for this zeir.
19th February 1547. — The quhilk day, the Quenis Grace,
my Lord Governour, and Lordis of Secret Counsale, under
standand perfytlie that our auld ynimies of Ingland being in
the Hous of Brouchty, ar apperandly to invaid the burc of
Dunde, and haill cuntre, and to burn, herry, sla, and destroy
our Soverane Ladyis liegis dwelland within the boundis thair
of, without thai be- resistit : Thairfore it is devisit and or
dainit be my Lord Governour and Lordis foresaidis, that thair
salbe rasit thre hundreth men of weir, of the quhilkis ane
hundreth hagbuttis, ane hundreth speirmen, the ane half to
be equallie furnist be the greit Prelatis constitute in dignitie
of this realme, thair payment extending to 600 lib. ; and
the uther half be the inhabitants of the burc of Dunde,
and ane hundreth horsemen to be furnist be the baronis
and landit men of the shereffdome of Perth, fra Tay eist,
and sherifdomes of Forfar and Kincardin ; providing that
thair be at all tymes ane certane of the baronis of the
sherefdomes forsaidis with the saidis horsemen as salbe
thocht expedient be my Lord Lieutennent, and all the saidis
men of weir to be haldin and payit for the space of ane

428 APPENDIX. [book I-
moneth, beginnand at sik day as salbe appointit to thame
be my Lord Lieutennent ; and ordainis letteris to be directit
heirupon to command and charge all and sundry the Baronis
foresaidis, and landit men of the foresaidis sherifdomes, to
Burc and to Land, of quhat degre thai be of, to answer and
obey the premissis as thai salbe commandit be my said Lord
Lieutennent, under the pane of tinsell of lyff, landis, and
gudis. And siklik to require the saidis Prelattis to mak
payment of thair partis of the said taxt, devisit to the effect
above writtin, ilk ane for thair awne pairt, efter the forme
of the taxt-roll maid thairupon, within xxiv houris nixt efter
thai be requirit, under the pane of rebellion, and failzieing
thairof to put thame to the home.
Vlt. Februarij 1547.
Sederunt Episcopi Dunkelden.  Abbates Dunfermelyne,
Metros ; Dominus Borthwick, Clericus Justiciariw.
The quhilk day, in presence of the Lordis of Counsale com-
perit Johnne Lord Borthwick, and at my Lord Governour's
command hes takin upoun him the cure and keiping of the
place and fortalice of Halis,1 and hes bund and oblist him to
keip the samyn surlie fra our auld inimies of Ingland and
all utheris, and sail nocht deliver the said place and fortalice
to Patrick Erie Bothville, nor nane utheris in his name, but
my Lord Governour's avise and command, under the pane
of ten thousand pundis. And in cais ony advertisement
cummis, that our auld ynimies intendis to cum and persew
the said Hous, and to recover the samyn furth of the said
Lordis handis, than, and in that cais, the said Johnne Lord
Borthwick bindis and oblissis him to mak sik advertisement
to my Lord Governour upoun the space of four dayis warn
ing, that his Grace may send xxiv horsemen to the said
place of Halis, for keiping thairof, and sail mak thame con-

1 [Hailes Castle, formerly a residence of the Earls of Bothwell, on the
banks of the Tyne, in the parish of Prestonkirk, Haddingtonshire, up
wards of two miles from the village of Linton, or Lintyne. It is rapidly
decaying, but its ruins indicate that it was a large edifice and of great
strength. The notorious Earl of Bothwell conducted Queen Mary to
Hailes Castle after he persuaded or forcibly compelled her to unite her
self with his evil fortunes. — E.]

BOOK I.] APPENDIX. 429
voy surlie to pass and repass fra the samyn within the said
space, under the pane foresaid ; and the said advertisement
to be maid outher to the capitane of the Castell of Dunbar,
or to the capitane of the Castell of Edinburc, in my Lord
Governour's absence. And at the cumming of the said horse
men, the said Lord Borthwick bindis and oblissis him to
deliver the said place to thame, to be usit as salbe com-
mandit be my Lord Governour, under the pane above
writtin. The samyn day, Elizabeth,1 Priores of Hadyngton, hes takin
upon hir the cuire and keiping of the place and fortalice of
Nunraw,2 and hes bundin and oblist hir, and be the tenor
heirof bindis and oblissis hir to keip the samyn surlie fra
our auld ynimeis of Ingland and all utheris, and sail not
deliver the said place to na maner of personis but my Lord
Governour's avise and command. And in cais>  the
samyn, and that  place, than, and in that cais, bindis
and oblissis hir to cast down and destroy the samyn, swa
that na habitatioun salbe had thairintill frathynefurt.
The saymn day, forsamekleas my Lord Governour and
Lordis of Counsale hoifand respect to the divers enorme
and exorbitant crymis committit and done by the Lardis of
Ormestoun and Bruntstoun,3 and siklik be the keiperis of
the hous of Saltoun, and for thair false and treassonabill
dedis, and how that thair housis of Ormestoun, Saltoun,
and Gilbertoun,4 hes bene put in our auld ynimeis handis, to

1 [This lady was Dame Elizabeth Hepburn, Prioress of the Convent of
Cistertian Nuns founded and amply endowed in 1178 by the Princess
Ada of Northumberland, mother of Malcolm IV. and "William I., and
dedicated to the Virgin Mary. — E.]
2 [" Place of Nunraw," which the Prioress of Haddington undertook to
keep, was a fortalice on lands belonging to the Priory in the parish of
Garvald, a, few miles from Haddington, which the nuns caused to be
erected for protection against the cupidity of their dangerous and power
ful neighbours the Lairds of Yester, one of whom in 1471, in conjunction
with the Laird of Makerston, seized their adjacent lands of Nunhopes.
The present mansion of Nunraw is part of the old edifice, and bears marks
of antiquity. — E.]
3 [Cockburn of Ormiston and Crichton of Brunstone, the latter a ruinous
castle near Penicuik, two noted leaders of the " Congregation." — E.]
4 [The residences of Ormiston in the parish so called, of Saltoun, in

430 APPENDIX. [BOOK I.
the subversioun of the cuntre to thair opinioun ; and last of
all, aur saidis auld ynimeis hes bene presentlie in the saidis
houses, quhairthrow thai have declarit thame oppen and
manifest tratoris and resatoris of our saidis auld ynimeis ;
and for the persute thairof my Lord Governour hes present-
lie assegit the saidis housis, and recoverit the samyn be way
of deid ; and becaus the saidis Housis may engenner cumeris
in the cuntre, and that na personis will tak upoun hand to
keip the samyn surlie fra our saidis auld ynimeis, thair as-
sisteris and partetakaris : Thairfore it is divisit, statut, and
ordanit, that the saidis housis of Saltoun, Ormestoun, and
Gilbertoun, be cassin down, swa that na habitatioun salbe
had in ony of the saidis places to our saidis auld ynimeis
fra thyne furt in ony tymes tocum.
Nota. — Because the Begisters of Privy Council from this time
to anno 1550 are lost, these following are taken from Earl
of Haddington's Collections.1
28th Aprile 1548. — Proclamation commanding the inhabi
tants of Lowthian, Mers, Tiviotdaill, Lawderdaill, and
Forest of Ettrik,2 quho war assurit with Ingland, to cum to
the Governour upon Monanday at evin to the armie, to tak
pairt with the enimeis of Ingland, assuring thame that thai
sail haif ane frie remissioun for byganes, excepting such
personis as at presentlie under the proces of treasoun ; with
certification, that quha faillis sail be reputt ane traittour.
20 Junij 1548. — The towne of Dundie ordanit to stay
from the raid, and to waig 100 sowldiers to attend the
Laird of Dun, directit to stay in Angus to resist the Inglish-
men ; and that the townsmen of Dundie await upon the

that parish, and of Gilberton, properly Gilmerton, in the parish of Athel-
staneford, all in the county of Haddington. Salton and Gilmerton are in
the neighbourhood of the town of Haddington. — E.]
1 [Minutes of Parliament, Privy Council, and Exchequer, MS. folio, in
Advocates' Library, Edinburgh, collected by Sir Thomas Hamilton of
Priestfield, a Judge of the Court of Session by the title of Lord Drum-
cairn, created Lord Binning in 1613, appointed Lord President of the
Court of Session in 1616, created Earl of Melrose in 1619, and Earl of
Haddington in 1627, and compiler of the Decisions of the Court of Session
from 1592 to 1624.— E.]
2 [The districts mentioned comprise the counties of Linlithgow, Edin
burgh, Haddington, Berwick, Roxburgh, and Selkirk. — E.]

BOOK I.] APPENDIX. 431
Laird of Dun, and watch and waird with him as that salbe
commandit be him, under the pane of tinsell of lyff, landis,
and gudis.
2 Julij 1548. — George Lord Setoun appointit to be mer-
shall of the haill armie at this tyme, and to appoint every
Nobleman and otheris thair rowme and place where thai
sail ly, with command to all men to obey him and his de-
puttis thairanent, under the pane of death.
Ordinance that thair sail be ane michtie watch of the
haill half of the armie, and that the one half await upon the
Erie of Angus, and the other half upon the Erie of Ergile,
thair nicht about.
10 January 1548. — Ane fort appointit to be biggit at
Inneresk,1 and the towne of Edinburgh furnisch 300 men,
with pick, mattock, schule, spade, to work thairat be the
space of sax dayis, as thai sail be commandit be the Com-
missionar appointit for that effect : As alswa, that every
pleugh of aucht oxen betwix Lithgow and Hadington, in
the sherifdome of Lithgow and Lowthian, furnisch ane man
boddin as said is, fore the space foresaid, and ilk fotch-
pleuch furnisch twa men, under the pane of 40 sh. to be up-
liftit be the saidis Commissionaris for ilk pleuch.
— April 1549.— Mention maid of the taxt of 30,000 lib.
grantit be the clergie.
6 Maij 1549. — Ane taxt of twelve thousand pundis, im
posed by the Lordis of Secret Counsall upon the borrowis,
for waiging sowldiers for defense of the realme agains
Ingland. Apud Edinburgh, 22d Junij 1549.
The quhilk day the Quenis Grace, my Lord Governour, and
Lordis of Secret Counsall, having respect of the necessitie of
the tyme, and the ease and profeit that may redound to this
1 [Inveresk, close to Musselburgh, a town situated in the parish of
Inveresk, at the mouth of the Esk, which falls into the Frith of Forth
between Musselburgh and Fisherrow. This fort was intended to be built
on the hill of Inveresk, on which the parish church is situated, a beautiful
eminence once a station of the Romans, whose Prcetorimm was immediately
east of the church, and is now occupied by a fine villa with its gardens
and pleasure grounds. It does not appear that this fort was ever con
structed.— E.]

432 APPENDIX. [book I.
Realme for the biging of ane fort upon Inche-Keith,1 for
resisting of our auld inimies of Ingland, hes thocht expe
dient, devysit, and ordanit, that the haill burrowis on the
sydis of Forth, and great townes and throuch fares that
lyis within twa myles to the coist of the samyn ; that is to
say, Sanct Androis, Carraill,2 Pearth,3 Weymes, Anstruther,
Kingis-Barns,4 Sanct Monanys, Kilnowquhar, 5 Largo,6
Eries-ferrie, Levyng-mouth,'<, Wemys Estir and Westir,8
1 [The Island of Inchkeith, conspicuous in the Frith of Forth between
the Lothian and Fife shores, was fortified by the English in the reign of
Edward VI., and was captured by the French auxiliaries in the service of
Mary of Guise, Queen Dowager of James V. and Regent, in 1549. When
that distinguished Princess visited the Island attended by Monluc, Bishop
of Valence, often mentioned by our Historian, its castle or fortalice occu
pied a strong frontier on the summit of the rock, where the Light-house
is now erected. Every vestige of this fortalice has disappeared. On
a part of the edifice, which remained till the middle of the eighteenth
century, the initials M. R. and the date 1556, were preserved. On the
20th of December 1567 the Scottish Parliament passed an Act, referring
to the " divers, large, and sumpteous expenses," incurred by keeping the
Castle of Dunbar and the Fort of Inchkeith in repair. Both were de
clared " unprofitabill to the realme, and not able to defend the enemeis
thairof, in cais the samen wer assaultit ;" and as they had even then be
come " sa ruinous, that the samen sail alluterlie decay, except thair be sic
expensis maid thairupon as is unabill to be performit without greit incon
veniences," it was enacted that the Castle of Dunbar and the Fort of Inch
keith " be demolishit, and cassin downe utterlie to the ground and de-
stroyit in sic wyse, that na foundment thairof be occasioun to big thair
upon in tyme coming." Acta Pari. Scot, folio, vol. iii. p. 33. — E.]
2 [The ancient decayed royal burgh and little sea-port of Crail at the
" East Neuk" of Fife.— E.]
3 [This must be a misprint for Pittenweem, a small sea-port and royal
burgh, four miles west of Crail ; — for the city of Perth, on the Tay, is
at least twenty-five miles from the Frith of Forth. That Pittenweem is
meant may also be inferred from Wemyss immediately following, a different
place from " "Wemys Estir and "Wester" which are enumerated. — E.]
4 [Kingsbarns is a small inland village in the parish of its name extend
ing to the east shore of Fife. — E.]
5 [Kilconquhar, an inland village in the parish of its name in Fife, a
short distance north of the little harbour and village of Elie. — E.]
6 [Largo, a parish, with its villages of the Kirktown or Upper Largo,
and Lower Largo, at the latter of which is a small pier, forms part of the
coast of Largo Bay in Fife, above which rises the conical hill called Largo
Law.— E.]
7 [The now thriving village and little seaport of Leven, at the mouth
of the river Leven, in the parish of Scoonie, Fifeshire, is the place men
tioned. — E.]
8 [East and "West "Wemyss, both west of Leven, and upwards of a mile
distant from each other, in the parish of Wemyss, Fifeshire. — E.]

BOOK I.] APPENDIX. 433
Dysert,1 Kircaldie,2 Kinghorne Eistir and Westir, Brunteland,
Abirdour, Innerkeithing, North-Ferrie, Dunfermeling, Culros,
Olackmannane, Alloway,8 Cambuskennoch,4 Stirvling, Fal
kirk,5 Kinneill,6 Lynlythgow,17 Quenisferrie, Cramond,8 Leith,
Edinburgh, Mussilburgh, Prestoun,9, the Panes,™ Dal
keith,11 Dudingston,12 Seytoun,13 Tranent,14 Langnidrie,16
1 [If we are to credit the local traditions, Dysart was then a very
flourishing and important sea-port of Fifeshire. — E.]
2 [Kirkcaldy, now an important and populous royal burgh, is the sea
port little more than a mile west of Dysart. — E.]
3 [Alloa in Clackmannanshire, a flourishing town and sea-port seven
miles from Stirling by land, and twenty-one miles by water, on the north
side of the Forth.— E.]
4 [Now a small village near the ruins of Cambuskenneth Abbey, sepa
rated from the " Shore" of Stirling by the Forth.— E.]
6 [The now populous Parliamentary Burgh of Falkirk in Stirlingshire,
is a few miles inland on the south side of the Frith of Forth. — E.]
6 [Probably Borrowstouness is indicated, a sea-port on the south side
of the Frith of Forth, opposite Culross, near which is Kinneill House, a
seat of the Dukes of Hamilton. — E.]
7 [The ancient royal burgh of Linlithgow is four miles from Borrows
touness. — E.]
8 [Cramond is now a village in the parish of its name, on the south
shore of the Frith of Forth, nearly six miles from Edinburgh. — E.]
8 [Now a hamlet in the parish of Prestonpans, Haddingtonshire. — E.]
10 [Prestonpans, so called from its Salt Pans, on the shore of the Frith
of Forth, three miles east of Musselburgh. — E.]
u [Dalkeith is four miles inland from Musselburgh, in the county of
Edinburgh. — E.]
12 [In the parish of Duddingstone, which extends east from the royal
parks of Holyrood-house and Arthur's Seat to the shore of the Frith of
Forth, are two villages designated "Wester and Easter Duddingstone.
The former, in which is the parish church, is small, rural, and retired,
lying immediately behind Arthur Seat, overlooking the lake of its name,
and close to the mansion and pleasure grounds of Duddingstone House, a
seat of the Marquis of Abercorn. Though it has now few inhabitants, it
was formerly a populous place ; even previous to 1760 it contained thirty
weavers' looms, and furnished thirty-six horses for the carriage of coals
in sacks or creels to Edinburgh. Easter Duddingstone is a mere decayed
hamlet, consisting of a few cot-houses inhabited by labourers, about two
and a half miles from Wester Duddingstone, on rising ground about half
a mile from the Frith of Forth.— E.]
13 [Port-Seton is now a small harbour and fishing village in the parish
of Tranent, Haddingtonshire, about a mile east of Prestonpans. Its fine
old collegiate church, which was considerably injured by the Earl of
Hertford in 1544, is carefully preserved, but the magnificent Palace of
Seton House, the seat of the former Earls of "Winton, with its fine gar
dens and terrace walks, is removed. — E.]
14 [The village of Tranent, two miles inland from Prestonpans. — E.]
15 [Now a small hamlet in the parish of Gladsmuir, a short distance

434 APPENDIX. [book I.
Abirlady,1 North Berwick,2 Dirleton,3 Gosfurd, Gullan, Bal-
lincrief,4 sail furnisch four hundreth pioneris, ilk man twa
sh. in the day,5 for the space of xvi dayis, to work at the said
fort in the said Inche ; and ordanis the towne of Edinburgh
to divyde and taxt thir four hundreth men amangis the saidis
townes, and letteris be direct to officiaris of the Quenes, to
pass, command, and charge the saidis townes to mak pay
ment of the sowmes of money that thai sail be taxt to, ilk
ane of thame for thair awin partis, within xxiv houris eftir
the said charge, under the pane of rebellion and putting of
thame to the home ; and ordanis commissioun to be direct
heirto incontinent, and to put men to the said work, upoun
the expensis of the saidis townes ; and ordanis the saidis
townes to send all able men to work furth of thair boundis
to the said Inche, to ressave dailie waiges, quhair the saidis
Commissionaris sail mak thankfull payment to thame, ilk ane
of thame for thair awn partis as effeiris. And ordanis the
towne of Edinburgh to deput the saidis Commissionaris to
mak payment of thair workmen's waiges to them ; and siklik,
to mak and deput maisters of work to sie the workmen do
from the shore of the Frith, three miles east of Port-Seton, and four miles
from Tranent. "Near it is the ruinous chapel known as John Knox's Kirk,
in which Knox " expounded," while he was preceptor to the sons of
Douglas of Longniddry. — E.]
1 [Aberlady is now a small village in the parish of its name, six miles
from Haddington, on the shore of Aberlady Bay, without trade or manu
factures of any kind ; but in 1549 it must have been a place of some note
when it was ranked with Musselburgh, Dalkeith, and other towns. — E.]
2 [North-Berwick is an ancient royal burgh ten miles from Haddington,
in the parish of its name, at the mouth of the Frith of Forth, opposite the
Bass Rock. It is now a quiet, retired, rural town, having a small harbour
and some coasting trade. — E.]
3 [The beautiful and delightful village of Dirleton, one of the most
pleasant in Scotland, is in the parish of its name, which extends west
from that of North-Berwick. — E.]
4 [Of the above three villages, two have almost disappeared ; Gulane
is now a neatly built hamlet near Gulane Point in Dirleton parish, adjacent
to the extensive rabbit common of Gulane Links. The names of Gosford
and Ballincrieff are preserved. Gosford and Ballincrieff, in Aberlady
parish, have nearly disappeared ; but their names are preserved in the
stately mansion of Gosford-House, a seat of the Earls of "Wemyss, and of
Ballincrieff, a seat of the Lords Elibank. — E.]
5 [Two shillings a-day, Scots money, are meant, and as £1 Scots was
only Is. 8d. sterling, the remuneration which the " four-hundreth pioneris"
were to receive for their labour on Inchkeith may be easily appreciated.
— E.]

BOOK I.J APPENDIX. 435
thair labouris justlie and trewlie, and omit no tyme, for the
causis foresaidis. 3d Julij 1549.
The quhilk day, the Lord Governour and Lordis of se
cret Counsall, and the maist pairt of the haill Nobellis
of this Realme, being convenit and assemblit togidder,
havand respect to the greit and mony incursiounis daylie
and continualie maid upoun this realme be our auld inimeis
of Ingland, and surelie informit of the greit preparatiounis
devysit and ordanit be our saidis auld inimeis for the de
struction of this realme this nixt harvest approchand,
hes for substantious resistance thairof, willinglie of thair
awin cowrage, offerit thameselfis reddie to defend thair awin
auld liberties with thair bodies and substance, and to win
the haill Nobilitie thairupoun. Thairfore ordanis letteris
to be direct to all officiaris, stewartrie bailleis, alsweill
regalitie as royaltie, and thair deputtis ; provestis, aldermen,
and bailleis of borrowis, and to thair officiaris, of the Quenis
sheriffis in that pairt, chargeing thame to the mercat-croces
of all borrowis and townis of this realme, and uthir places
neidfull, and thair be opin proclamatioun command and
charge all and sindrie our Soverane Ladyis leigis be opin
proclamatioun, betwix sixtie and sixteine zeiris, and utheris
fensabill men, baith to burt and land, alsweill regalitie as
royaltie, dwelland upon spirituall menis landis or temporall
menis landis, that thai and every ane of thame be in reddi-
ness, weill boddin in feir of weir, in thair maist substantious
manner with armis and wapounis, eftir the forme of the
Actis of Parliament, to cum, send, wait, at the first day of
August nixtocum, as thai sal), be chargit and advertisit, upon
aucht dayis warneing, with forty dayis victuall, eftir thair
cumming to the place thair salbe assignit and appointit in
the letteris of warneing, for resisting of the saidis auld
inimeis, defense of this realme, and libertie thairof, under
the pane of tinsell of thair lyfis, landis, and gudis ; nocht-
withstanding the actis and ordinances maid of before for
raising and listing of ane furnischt man of everie seven-mark
land of auld extent, furnischt for the expensis thairof for
the space of twa monethis, likas the said Act at mair
lenth proportis. Quhilk Act and ordinance my Lord Gover-

436 APPENDIX. [book I.
nour and Lordis foresaidis hes dischargit, and be the te
nour heirof dischargis the same, becaus thair is no Pre-
lattis, Sheriffis, Erlis, Lordis, Baronis, and uther friehalderis,
that hes takin up the taxt aforesaid fra the tenentis within
thair boundis and landis, and jurisdictioun. Thairfore my
Lord Governour, and Lordis foresaidis, willis and ordanis
thame, and everie ane of thame for thair awin pairtis, to
deliver, content, and pay agane the said taxt, takin up as
said is, to the saidis tenentis, ilk man his awin pairt, within
ten dayis nixt efter the charge; with certification to ilk
spiritual man that failzies heirintill, that he sail be callit
and accusit as ane contemnar and brekar of this present
Act, to ane particular dyet, and sail be punischit thairfoir in
his landis and gudis, with all rigour for his contemption.
And for performing of the premissis, ordanis the Justice-
Clerk and Thesaurer-Clerk to tak diligent inquisitioun of
the personis, baith spirituall and temporal!, that randeris
nocht agane the said taxt to the saidis tenentis respective,
and roll thair names, swa that my Lord Sanct Androis on
the ane pairt may direct letteris of cursing upoun the Pre-
lattis and Kirkmen for not payment of thair pairtis of the
haill taxt in maner foresaid ; and the said Justice-Clerk and
Thesaurer-Clerk on the uthir pairt may direct letteris upoun
the temporall men in manner above writtin, for their con
temption. And ordanis the Clerkis to content, pay, and de
liver the sowme of 15,000 lib. of the haill taxt of 35,000 lib.
grantit of befoir to be equallie distribute and payit amongis
thame, ilk man for his awin pairt, effeirand to the rait and
quantitie of thair benefices, conforme to the taxatioun maid
amongis thame thairupoun. Providing alwayis, that the
sowmes of money ellis payit be the clergie of the said taxt
to the collectoris thairof, be allowit in pairt of payment of
the said sowme of 15,000 lib.1
Apud Edinburgh, \3th Julij 1549.
The samyn day, the Quenis Grace, my Lord Governour, and
Lordis of Secret Counsall, understanding that thair is diverse
our Soverane Ladyis lieges that sittis under assurance with
our auld inimes of Ingland, quhairthrow the countrie is
1 [The above three sums are Scots money. — E.]

BOOK I.] APPENDIX. 437
become herriet and destroyit ; and for remedie heirof it is
advysit and ordanit that letteris be direct to officiaris of
the Quenis sheriffis in that pairt, charging thame to pass to
the mercat-croces of Edinburgh, and uthir places neidfull,
and thair be opin proclamatioun command and charge all
and sundrie assurit personis with Ingland, that thai and
everie ane of thame betwix this and the  day of Julij
instant, give up thair assurance to our saidis auld ini
meis of Ingland, and declair to thame that thai are ar
and will be trew subjectis to our Soverane Lady and hir
realme, and will defend the saymn and libertie thairof; and
that thai come to the Quenis Grace, my Lord Governour, and
Counsall, and declair the maner of the upgiving of the said
assurance to our saidis inimies betwix and the said day ; with
certification to thame, an they failzie, the said day being
bypast, that thai, and ilk ane of thame, sail be persewit, as
inimeis baith by fyre and sword, and put to uttir ruine with
all rigour- And the said day being bypast, and the saidis
assurit persones failland in the premissis, ordanis the Love-
tennent and garisones to pass and persew the saidis assurit
persones, as thai salbe direct by my Lord Governour and
Counsall, baith be fyre and sword, and punisch thame in
maner above writtin.
Edinburgh, 25th Marcij 1550. Prwsentibus Begina et Guber-
natore?
Sederunt Archiepiscopus Sancti Andr. ; Comes de Huntlie,
Cancellarius ; Episcopi Moravien. Candidw Casw, Dunbla-
nen. Orchaden. Comites Argile, Merschell, Cassillis, Errole;
Domini Buihven, Drummond, Dominus Georgius Douglas,
M. Semple ; Clericus Begistri, Clericus Justiciariw, Advo-
catus, Bobertus Carnegy.
The quhilk day it is devisit, statut, and ordanit, that for
resisting of our auld ynemyis of Ingland, and defense of the
West Bordoris, and for reparing of ane fort and strenth in
the towne of Annand,2 for defense of the cuntre, and diverse
1 Register of Privy Council.
2 [The royal burgh of Annan, on the east side of the river Annan, six
teen miles from Dumfries, and nine miles from Gretna Green, on the Sol
way Frith. Its castle, the site of which now forms the old church-yard,

438 APPENDIX. [book I.
utheris respectis and considerationis moving thame : That
the sowme of 4000 lib. be rasit and upliftit of the Prelatis
and clergie of this Realme, to be rasit and inbrocht to the
collectouris to be deput thairto, to the effect above writtin ;
and in cais the said 4000 lib. be thankfullie payit and de-
bursit be the Prelatis and clergie, then and in that cais
my Lord Governour and Lordis of Secret Counsale promit-
tis that thair sail na taxatioun be rasit againe upoun thame
for the space of ane zeir nixtocum.
The samyn day it is devisit, statut, and ordanit, That the
shereffis of Edinburgh principall, Edinburgh, within the
constabulary of Haddington, Selkirk, and Lawderdaill, and
thair deputis, sail assist and concure with the Lardis of
Lethingtoun, Quhittinghame, Elphinstoun, Trabroun, and
Wauchtoun, in the avising of the furnesching of the oxin
and pyoneris devisit for the furt bringing of our Soverane
Ladyis munitioun and artailzery to the oist and army devisit
to assemble and convene in Edinburgh the xvi day of
Aprile nixtocum, conforme to the Actis maid thairupoun.
Apud Edinburgh, 3d Aprilis 1550, Prwsente Begina.
Sederunt Archiepiscopus Sancti Andrew; Comites Merschell,
Cassilis ; Abbates Dunfermelyne,  Clericus Begistri,
Bobertus Carnegy.
The quhilk day, forsamekill as thair is divers assurit per
sonis, be our auld ynemyis of Ingland, and sittis undir as
surance, dwelland within the boundis of the Mers, and
uthir partis adjacent to the samyn, quhilk upoun this last
Monanday at evin, the last day of Merche last bypast, that
hes furnist carriage and carriage horss to our saidis auld
inemyis for the furnissing of the fort of Lauder,1 and

in the vicinity of an artificial mount of earth known as the Mound, was
built by King Robert Bruce, who was the superior of the town, as
his own property. In 1547 the town was plundered and burnt by the
English, at which period the castle was in ruins. During the Regency
of the Queen Dowager of James V., a strong force of French troops
occupied Annan for the defence of the district. — E.]
1 [The fort of Lauder, a royal burgh twenty-five miles from Edinburgh
and seventeen miles from Kelso, was built by Edward I. as a church to

BOOK I.] APPENDIX. 439
our saidis auld ynemyis being in the samyn, takand art and
part with thame, assistand and favourand thame in the
destruction of the cuntre. Thairfor it is devisit and ordanit
that Alexander Lord Hume pass furt and seik the saidis
personis furnissaris of the saidis carriage and carriage-horss
to our saidis auld ynemeis and fort forsaid, and tak and ap
prehend sex of the principallis of thame, and punis thame to
the deid for thair attemptattis, with power to the said Lord
to justify the saidis personis, Court and Courtis of Justici-
arie to hald to that effect. And will and grantis that this
present Act and Ordinance be of als greit strenth, faith,
force, and effect, as and the samyn had bene gevin in forme
of commissioun under the quhit walx, to the effect above-
writtin, for the causis forsaidis.
Proclamatio pacis. — Apud Edinburgh, 20th Aprilis 1550.
We do zou to wit : Forsamekil as in the moist honorable and
perpetuale Pece takin betwix the maist Cristine King of
France on that ane pairt, and the King of Ingland on that
uthir pairt, for thame, thair aris and successoris for evir,
oure Soverane Lady hir realme, dominionis, rewmes and
possessiounis baith be sey and land, liegis and subjectis of
the samyn, ar comprehendit, for hir, hir Hienes airis and
successoris perpetuallie, lik as in the contractis and tretyis
of Peax past thairupoun, and Comprehensioun forsaid, is at
mair lenth contenit. Quharefor we command and charge,
in our Soverane Ladyis name and my Lord Governoris, all
and sundrie our Soverane Ladyis liegis, of quhatsumevir
estait, dignitie, ordour, preeminence, or conditioun that evir
thai be off, that nane of thame tak upoun hand to violett or
brek the said Pece in ony sort, or to do ony hurt, harme,
molestatioun, inquietatioun, or perturbatioun to ony of
the liegis of the Realme of Ingland owther be sey or land,
nycht or day, bot to observe and kepe the said Peax
and Comprehensioun foresaid clerelie and enterelie in all
punctis ; or to pretend to mak ony offence to ony Inglishman
quhilk may tynde1 to the violatioun of the said Peax. And
siklik, we command and charge all and sundrie Bordoraris,
the Scots, and was the origin of Thirlstane Castle, near the town, the
splendid seat of the Earls of Lauderdale. — E.]
1 Ita MS. f. tynde or tend.

440 APPENDIX. [BOOK I.
and all utheris our Soverane Ladyis liegis, that nane of
thame tak upoun hand to ryde into Ingland, or to mak
ony perturbatioun thairintill nycht or day frathynefurth,
under the pane of treson.
Apud Edinburgh, 22d Aprilis 1550. Prwsentibus Begina et
Gubernatore.
Sederunt Comes de Huntlie Cancellarius ; Johannes Archi-
episcopus Sancti Andrew ; Comites Ergile, Merschell, Glen
carn, Cassillis; Abbates Dunfermling, Cowper.; Domini
Buthven ;  Magistri Erskin, Semple ; Dominus Geor-
gius Douglas.
Answeris to the Maist Cristine King of Francis Me-
moriale, ressavit fra Mons. de Finnell, gevin to Thomas
Maister of Erskin, Ambassador for the Quenis Grace
of Scotland and my Lord Governour thairof, to be
schawin to his Hienes upon thair behalf
In the first : The Quenis Grace, my Lord Governour and
Counsale, understandand the report of the said Monsieur de
Fennell and Memoriale foresaid, how that the said maist
Cristine King, efter that his Hienes had maid sik invasioun
upoun our auld inimeis of Ingland within the cuntre of Boul-
lennois, and thairthrow constrenit thame to retere the maist
part of thair army, quhilkis thai had lyand upoun this
realme, furth of the samyn, and transport thame towart the
said cuntre of Boullennois ; and his Hienes perseverand in
sik sharp persute of the saidis Inglishmen, mare in respect
of this Realme of Scotland, nor of ony uthir consideratioun,
brocht to sik necessite, that it behufit thame to seke peax
of his Hienes divers tymes, and be sindry personis ; and that
his Hienes havand consideratioun of the grete scathis, oppres-
siounis, and dampnagis, quhilkis this realme hes sufferit be so
lang weris, and beand desyrous to putt the samyn at rest
and quietnes, accordit to trete with the said Inglishmen
apone ane Peax : To the quhilk, efter lang resonyng, wes
condiscendit be his Hienes Commissionaris, comprehendand
our Soverane Lady and this hir realme in the samyn ; the
quhilk the Quenis Grace, my Lord Governour and Counsale
of this realme, acceptis maist thankfully, as ane thing done
be his Majestie for the wele and relciff of this realme, and

BOOK I.] APPENDIX. 441
tranquillite to the subjectis thairof, and haldis thame thair
throw addettit to his Hienes mair than thai ar hable pre
sentlie to acquite. And namelie, insafer as it hes not onlie
plesit his Hienes to have refusit the grete offeris of Ingland
maid to him, anent the quyting of thare pension, randering
of Boulongne1 of all that thai withheld bezond the sey, for
the geving of our Soverane to thame ; but alswa by all the
infinite cost maid be his Hienes for the defens of the liberie
of this realme of before, now to deburs swa large sowms for
peax and rest to us as to his awin. And thairfore, that the
said Maister of Erskin upoun thair behalf giff maist humyl
thankis thairof to his Majestie, quhilk hes preferrit the rest
and eis of this realme to his awn particular profitt, as he
that is the sure and only defender and releyfe under God of
all this realme, and hes deliverit the samyn furt of the
thraldome in the quhilk it was for the time ; and safit it fra
the appearand perpetuale subjectioun it wes hable to have
fallin in, giff his Hienes had not tane the hale byrding of
the defens thairof upoun him, and finalie not broucht the
samyn to the auld libertie and fredome, unto his Hienes
infynite honour, and our inestimable wele.
And according to the desyre of the said Memoriale, the
Quenis Grace and my Lord Governour sendis thair welebe-
lufit Thomas, Maister of Erskin, berar of thir presentis, thair
Ambassador to the King of Ingland, with commissioun un-
dir our Soverane Ladyis Grete Sele, for to ratifie, affirme,
and appreve, in our Soverane Ladyis names, the Comprehen
sion of hir Grace and hir Realme of Scotland, maid in the
said Trettie, and all the punctis and articlis contenit thair
intill, insafer as it concernis or may concerne hir Grace, or
hir realme foresaid.
Item, Conforme to the Kingis Article, my Lord Gover
nour, with avise of the Counsale, hes instantly dischargit all
weir-schippis to depart or pas furth of the Realme of Scot
land in ony maner of weirfare ; and siklik, hes send and
gevin speciale charge to the Maister of Erskin, that in cais
he fyndis ony weir-schippis of Scotland in France, to putt
inhibitioun to the captaines, maisteris, and awnaris of the
samyn, that nane of thame tak upoun hand to mak wear upoun
1 [Boulogne had been taken by the English in 1554. — E.]

442 APPENDIX. [BOOK I.
the Emperoris subjectis, unto the tyme the King be adver-
tist; and that he send his mynd unto us thairupon, and
the samyn charge to be usit at the Kingis plesour.
Item, As to the answer towart the Cardinale of Carpy,
the Quenis Grace and my Lord Governour hes ellis written
thairupoun to the King, quharewith thai think his Majestie
salbe satisfyit, likeas the Maister of Erskin will declare.
Item, Tharefter the said Maister of Erskin sail report to
the King how rejosit the Quenis Grace and my Lord Gover
nour war of the novellis of our Soverane Ladyis welefare, and
to heir that the Kingis Hienes was swa wele contentit with
hir, and that sche was swa hable to encres in vertew, and
that the Kingis Majestie takis sik consolatioun, seying the
begyniyng of hir upbringing to have bene swa gude, that he
hopis sum day to see his sone the husband of ane of the
maist vertuous Princes that men can desyre ; besikand God
of his infinite gudnes that his Hienes may see nocht allener-
lie that thing that his noble hart desyris, but alswa that
oure Soverane Lady be efter this swa endewit with the
graces of God, that sche may be hir birth mak his Hienes
to be callit the gudser of ane of the maist victorious Princes
in the warld, and King to ryng lang prosperouslie abufe
baith the Realmes.
Item, The occasioun of the sending of the hereld to the
King, quha wes directit to the Emperor, wes be this motive :
Mons. d'Osell, the Kingis ambassador here, schew the Quenis
Grace, my Lord Governour, and the Counsale, that the King
mervellit that we continuit the waris with the Emperor,
havand actually weir with Ingland, and. micht have had peax
of him, desyrand us to sek ane honourable peax of the Em
peror be the Kingis avise and myance, rather than to pro
cure furthir weir be ony oure occasioun : Upoun the quhilk
we directit the said hereld to the King with speciall writ
tingis to our ambassador, giff he had bene present, desyrand
his Majestie to send to the Emperor for ane conduct to cer
tane ambassadors of Scotland, to cum and trete upoun peax
with the Emperor ; quhilk ambassadors first suld have cumin
to the King for his aviss and informatioun, and tharefter to
have departit to the Emperor for the said peax, and the
Kingis ambassadors with thame to that effect. The absence
of our ambassador wes the caus that the King wes not so

BOOK I.] APPENDIX. 443
amplie informit of oure desyris, as oure directionis wes unto
his Majestie.
Item, It is desyrit of the King that he will send his am
bassadors towart the Emperor, to procure ane peax to the
Quenis Grace our Soverane Lady, hir realme and subjectis,
in semblable maner as hes bene accustumate of before, al
ways referring the tyme to his Majestie's discretioun, with
abolition of all thingis past, becaus an honourable peax wes
takyn be the King, quham God assolze, and the Emperor,
for ane hundreth zeiris : Quhilk peax, without occasioun
maid be us, wes violet and brokyn be the Emperor and his
subjectis, in takyn and withhaldyn of ane grete nowmer of
the schippis of Scotland, at the desyre of Ingland, to the
grete hurt and dampnagis of the liegis of this Realme, lykas
our ambassadors the Bischop of Ross and the Maister of
Erskin,1 or athir of them can declare at lenth ; togidder with
the maner of the trettie last takyn, quhilk hes bene alswa
to the grete hurt and dampnage of baith the Emperors sub
jectis and ours.
Item, Becaus that the Kingis Majestie hes ellis writtin to
my Lord Cardinale of Guise, lyand presently in the Court of
Rome, to mak instance to the Papis Halynes for the Legacie
of Scotland to be grantit to my Lord the Archbischop of
Sanct Androis, brother to my Lord Governour, and to do
his utir possibilitie for obteyning of the samyn : Tharefor to
thank his Hienes, and besek him to continew in the samyn,
unto the tyme it be broeht to sik ane perfectioun as that
the said Legacie be grantit in maist ample and large maner,
swa that all benefices within the Realme of Scotland, ex-
exceptand Bischopricks allenarlie, be providit within the
Realme: Quhilk thing being done be the Kingis Majestie, sail
purches be his Hienes ane grete wele, profitt, and eis, in re
spect of the tyme and in bering of the greit chargis of the
waris, and sindry uthir wayis, togidder with the favour of
the subjectis, insafer as it is of sa grete advantage to the
samyn, and to informe his Hienes how grete sowmes past
furth, and daylie passes furth of this pure Realme to the
Court of Rome, and how costlie ane thing it is to mak

1 [David Panter, Bishop of Ross, and Thomas Erskine, second son of
John fourth Lord Erskine. — E.]

444 APPENDIX. [book I.
fynance evin through all partis quhill that cum to Rome, be
resoun of the distance of the places and perellous passages
baith by sey and land, through sindry Princis jurisdictioun,
and how that this Realme is swa hereit with lang weris, that
it will not be hable to recover the scaith it hes sufferit in
meny zeiris, in cais that the substance thairof be transportit
be the occasioun foresaid to the Court of Rome, in sik abound-
ance as it hes bene thir zeris bipast ; and that the Kingis
Hienes be informit that this Legacie be nocht aluterlie de-
syrit for the private wele of ony ane persone, but for the
common wele of the hale inhabitantis of this Realme.
Item, Becaus the Kingis Majestie hes desyrit to knaw of
the Quenis Grace, my Lord Governour and Counsale here,
quhat charge is necessar to him to hald in this Realme, and
as little as is nedfull : It is thocht expedient be thame, for
sparing of the Kingis expenses in tyme of pece, giff it pies
and sal be thocht expedient to his Hienes, that the fort of
Luffnois1 be kepit be the Lard of Wauchton in tyme of pece
upoun caution ; and the fort of Inveresk be kepit be the
Abbot of Dunfermeling upoun siclik caution ; and the forts
of Sanct Colmys Inche, Inchegarvie,2 the forts of Bruchty and
Montrois3 be cassin down, becaus thai serve of nathing in
tyme of pece, and the last four forts ar not necessar in tyme
of weir.
Item. That the King putt sik garisones in Dunbar,4 Blak-
nes,5 Castell of Bruchty, and Incheketh, as his Majestie or his
1 [This must have been a very small fortification at Luffness Point,
near the village of Aberlady. It is subsequently designated the " fort of
Aberlady," in the Act of the Privy Council, dated Edinburgh, 27th Janu
ary 1551.— E.]
2 [A rocky islet in the Frith of Forth, between South and North
Queensferry. In the reign of James IV. Dundas of Dundas obtained per
mission to erect a fort on it, some vestiges of which still remain on the
west side of the islet, and it was repaired by James IV. before the battle
of Flodden.— E.]
3 [Every vestige of the castle of the royal burgh and seaport of Mon
trose has long disappeared. — E.]
4 [See the note on Inchkeith, p. 431. The venerable and massive ruins
of the Castle of Dunbar still remain, occupying a cluster of high rocks,
and impress the spectator who surveys these memorials of the olden
time. This fortress, connected with which are numerous historical as
sociations, was dilapidated by the Regent Moray, who sent its guns to
Edinburgh Castle. — E.]
5 [Blackness Castle on the Forth, is well known in Scottish history. — E.]

BOOK I.] APPENDIX. 445
lieutennent thinkis neidfull for preservatioun of the samyn
in tyme of pece, and that thai be fortifyit, and specialie the
forts of Inchkethe and Castell of Bruchty, becaus thai, at
the entres of twa of our Soueranes maist speciale rivers ;
and that the Lord Hume kepe the Castell of Hume, and
the King to support him as he pleses, becaus it is our charge,
and to the said Lord to kepe the samyn as an hous of were,
so nere the Bordoris.
Item, It is thocht expedient be the Quenis Grace, my
Lord Governour and Counsale, that the fortis of Lauder,
Dunglas,1 Roxburc, and Aymouth, be all cassin down, for
sik motivis as the said Maister of Erskin can schaw.
Item, Giff it be the Kingis plesour to tak away his army
heir, it wer neidfull that thair wer ane thousand futemen
left in this Realme by thame that kepis the castellis and
fortis, quhill the finall end and perfectioun of the peax, and
down-casting of the fortis, and that sure knawledge may be
had of the pece betwix us and the Emperor : And the peax,
with the effects thairof, beand finalie performit, sik ordour
sal be takin for execution of justice, and ordouring of the
cuntre be the avise of the Quenis Grace, as the lieutennent
and ambassador sail knaw, quharewith the King sail have
caus to be contentit, and sal be advertist thairof in dew
tyme. Item. Anent the presoneris, the Quenis Grace, my Lord
Governour and Counsale hes sene the answer cum fra the
Counsale of Ingland, and Articlis subscrivit be the Commis
sionaris tretars of the pece betwix France and Ingland, to
Mons. de Finnell, with the quhilkis thai ar contentit for the
pairt of Scotland ; and to deliver all the presoneris of Ing
land now being in Scotland frelie, als wele thame that hes
aggreit upoun thair ransoum, and gevin bandis or plegis
thairfor as utheris, and to ressave all presoneris and plegis
being in Ingland semblablie, and to desyre day and place to
be appunctit thairto.
Finalie, To informe the Kingis Majestie, that the Bisch-
oprick of Dunkeld is now vacand be the promotioun and
translatioun of my Lord Archbishop of Sanct Androis fra

1 [The Castle of Dunglass, in the parish of Oldhamstocks, seven miles
beyond Dunbar. It was not, however, demolished on this occasion. — E.]

446 APPENDIX. [book I.
the said sete of Dunkeld, quha broukit the saymn peceablie
but ony interruptioun the space of thre zeris and mare.
And now my Lord Governour hes writtin diverse tymes to
the Papis Halynes quhilk last decessit for the promotion of
Donald Abbot of Cowper, uncle to the Erie of Ergile, to the
said Bisehoprick ; nochtheless the said Papis Halynes as
zit postponis the said promotioun, be the inoportune solisita-
tioun and wrang informatioun of ane Maister Robert Creich
toun, quha on his maner intendis to purchess the samyn,
but ony supplicatioun or licence of my Lord Governour, or
ony havand autorite for the tyme, to the grete hurt of the
Quenis Grace privilege, and swa wer, quhilk is, and ay hes
bene in uss, that na promotioun of Prelacy pas in Rome but
the Princis supplicatioun thairfor ; desiring his Grace to
write rycht effectuouslie to the Papis Halynes, College of
Cardinallis, and his Grace's ambassador, standing in Rome,
for preservation of the Quenis Grace privilege and promo
tioun of the saidis Abbot, conforme to the Quenis Grace
supplicatiounis and writtingis send be my Lord Governour
in hir Grace's name.
And ferther, becaus we desyr presentlie the maist Cristine
King to trete ane peax betwix the Emperor and us, be his
Ambassador presentlie being with the Emperor, ye sail
schaw the King thir instructionis and articlis following to
be send to his Hienes Ambassador with the Emperor,
quhareby his Ambassador forsaid may understand and knaw
perfitelie the maner of the pece contractit of auld betwix
the Emperor and our Soverane, quham God assolze, and the
occasioun of the brek thareof ; and tharethrow to be the
mare resolute to anser to sik questionis as may be demandit
of him be the Emperor and his Counsale.
In the first, To informe the said maist Cristine King how
it is understandin to the Quenis Grace, my Lord Governour
and Counsale of Scotland, be diverse informationis and writ
tingis send fra sindrie gret men subjectis to the Emperor in
Flanders, that honorabill peax may easilie be tretit betwix
the Emperor his subjectis and us ; thairfor to desyr the said
maist Cristine King to send his Ambassador with zou to the
Emperor to procure the samyn, conforme to the contract of
peax last maid betwix his Majestie and our Soverane the
Kingis Grace that last deceissit.

BOOK I. APPENDIX. 447
And giff the said maist Christine King thinkis this gud
to be done, ze sail with his avise pass to the Emperor's Ma
jestie, and use thir instructionis following : —
In the first, To reduce to his remembrance the contract of
peax betwix his Majestie, for himself, his realme, dominionis,
and subjectis, and the Kingis Grace our Soverane that last
deceissit, his realme and subjectis, for the space of ane
hundreth and ane zeris.
Item, To declair to his Majestie how the samyn peax wes
brokin upoun us be his subjectis of Flanderis, but ony occa
sion maid be us, and without denunciatioun of weir, quhen
our schippis come in Flanderis as to our freyndis for traf-
fyque of merchandice, efter that thai had bene weill ressavit,
freyndlie treatit, interchangit thair merchandice, and reddy
to depart, the haill floit of xiv riche schipais laydyn with
Flanderis wair wer takin, haldin and disponit, and the mer-
chandis thareof persewit as inimeys, be the Emperor's sub
jectis, in the portis, havynis, and townis of the Udir Myd-
dilburt, and utheris of the laich partis of Flanderis.
Item, To schaw his Majestie how we, incontinent efter the
taking of the said schippis, send heraldis with letters sup-
plicatouris to him, and to the Queen of Ungary,1 Regent of
Flanderis, for redress thareof, and could get nane ; bot than
ane weir oppynlie proclamit and denuncit in Flanders in the
Emperor's name, upoun the subjectis of this Realme.
Item, To declair how efter the last peax contractit be
twix his Majestie and the maist Cristine King of France, we
send ane ambassador to his Majestie and his derrest syster
the Regent of Flanderis, desyrand as confiderattis with the
said maist Cristin King to have been comprehendit in the said
peax, and to have acceptit the samyn, quhilk wes inlykwys
refusit for sik motivis as than movit his Majestie : Nochtthe-
less, for the quiet of bayth the Realmes, it wes convenit that
certane conductis suld be grantit of equale nowmer be his
Majestie to the subjectis of this realme, and our Soverane
Lady to his.
Item, To declair, that albeit thir conductis wes than thocht
equivilent to ane peax, zit the witkittnes and perversit
myndis of pyrattis on aither syd had thairthrow takin occa-
i fHungary.-E.]

448 APPENDIX. [book I.
sioun to harme baith the cuntreis and subjectis thairof, swa
that the samyn wes rather caus and occasioun of haitrent
and trubill nor ony quiett to the cuntreis, and diverse incon-
venientis followit thairupoun, quhairof the verite may not be
tryit, nor redres maid, becaus that pyrattis on ather syd
apprehendand schippis with conductis, as is suspectit, dis-
troyis and puttis away the samyn, howbeit the Princis and
Counsalis myndis on athir syd be weill willit thairto.
Item, To desyre thairfor his Majestie, that he will grant
of new ane honorabill peax to our Soverane Lady, hir Realme,
and subjectis, for sa mony zeris as sal be thocht convenient,
conforme to the auld, sen the occasioun of this weir movit
nocht as we understand, of na haitrent nor evill mynd that
he bure towart this Realme, bot allannerlie of the occasioun
and persuasioun of our auld ynemeis, &c.
Item, To declair to his Majestie the greit trubill, cruelte,
and invasionis daylie maid upoun our Soverane Lady and
hir liegis be the tyrany of our saidis auld ynemeis in hir
Grace's minorite, and greit apperance of blud-schedding
thairthrow in tymecummyng ; and thairfor desyre and re
quire his Majestie, That he first of his gudness will endevoir
himself to procure ane honorable peax of the King of Ing
land to our Soverane Lady, hir Realme, and liegis, gif it may
be had with the auld liberteis ; or otherwayis, becaus he of
his Imperiall dewite is oblist to defend pupillis, That he will
grant support of men, munitioun, and sic uthir reasonabill
help as he may spair.1
Apud Edinburgh, J22d Maij 1550.
The quhilk day, forsamekill as in the Treaty of Peax laitlie
takin betwix the maist Cristin King of France on that ane
part, and the King of Ingland on that uthir part, our Sove
rane Lady, hir Realme, and subjectis, ar comprehendit, into
the quhilk Pece, it is divisit and ordanit, That the fortis of
Roxburc and Aymouth salbe randerit at ane certane day
appoynit thairto. Nochttheles the personis Inglismen pre
sentlie being in the saidis fortis, daylie and continewalie
makis incursionis upoun our Soverane Ladyis liegis nixt
1 The curious readers may see a copy of this 101 years' treaty of peace
between the Emperor Charles V. and our King James V., July 24th
1531, in the late large Collection of Treatises of Peace, &c.

BOOK I.] APPENDIX. 449
adjacent unto thame, reifis, spulzeis, and oppressis thame,
tending to do that is in thame to violate and brek the Pece,
contrair the myndis of the Princis ; and for to evaid sik
inconvenientis as may heirefter follow thairupoun, and rest
and quietnes of bayth the realmes, it is divisit, statut, and
ordanit, be my Lord Governour and Counsale, that letteris
be direct to command and charge all and sindry our Sove
rane Ladyis liegis, be oppin proclamatioun at the mercat-
croces of  , and utheris places neidfull, that thai, and
ilk ane of thame, gif gud attendence at all tymes quhen the
forsaidis personis happynis tocum furt of the saidis fortis
without licence, to the effect above writtin ; and gif thai
pretend to do ony hurt or harme to the cuntre, or liegis
thairof, that thai, and every of thame, tak and apprehend
thame as presoneris ; with certificatioun to thame, that all
sik personis cummand furt of the fortis forsaidis, to the
intent above expremit, salbe reput and haldyn as just and
lauchfull presoneris, and that thair takaris sail nocht be
callit nor accusit, nor incur ony danger or skayth thairthrow,
in thair personis, landis, or gudis, but salbe reput and haldin
as faythful and trew liegis to this realme in all tymes tocum.
Apud Edinburgh, 23d Maij 1550. Prwsentibus Begina et
Gubernatore.
Sederunt 

The quhilk day, forsamekle as the Quenis Grace, my Lord
Governour, and Lordis of Secreit Counsale, haifand respect
to the greit and hie attemptattis committit and done be
Patrik Erie Bothwile, and how he hes had him towart our
Soverane Lady, my Lord Governour, and the Autorite, in
sindry behalfis : Thairfore it is divisit and ordanit be the
Quenis Grace, my Lord Governour, and Counsale, that
summondis of tresoun be rasit upoun him the said Erie ;
and ordanis the Quenis advocat to libell the samyn, con
forme to informatioun to be gevin to him thairupoun ; and
ordainis the Clerk of Cancellarie and Kepar of the Quarter-
Seil to answer the samyn accordinglie, as use is.
Apud Edinburgh, 2d Augusti 1550.
The quhilk day, forsamekle as thair is diverse Franchmen
29

450 APPENDIX. [BOOK I.
that hes committit sindry attemptattis upoun our Soverane
Ladyis liegis, quha ar to be accusit and punist for thair
demeritis, and thairfore necessar it is that ane assiss be
summondit thairto : Thairfore the saidis Lordis ordanis
ane maisser, or uther officiar of armes, to pas and summond
certane personis quhais names salbe gevin in bill, to com-
peir before the Jugis Commissionaris deput to sit in sik lik
materis, in the lugeing of Mons. de Termes in the Abbay of
Halyrudhouse, upoun Weddnisday the vi day of August
instant, and thair to beir witnes in sik materis as salbe in-
quirit at thame ; or to pass upoun an assiss, gif neid be, ilk
person under the pane of 40 lib.
Apud Edinburgh, 27th January 1551.
The quhilk day, forsamekle as the Quenis Grace, my Lord
Governour, and Lordis of Secreit Counsale, being remembrit
of the mony and diverse gratituds done to our Soverane
Lady, hir realme, and liegis thairof, for defens of the samyn,
be the maist Cristin King of France, and speciallie in big-
ging of the fort of Abirlady at Lufnes, and strenthning
thairof with men and munitioun in tyme of weir ; and that
the samyn is sumptuous to his Majestie, and nocht neces
sary to be keipit now in tyme of peax ; and willing to
diminische the sumptuous chargeis sustenit be his Majestie
in this realme, insafer as thai may : Thairfore the Quenis
Grace, my Lord Governour, and Lordis foresaidis, ordanis
the said fort of Abirlady to be randerit and deliverit to
Patrik .Hepburn of Wauchtoun, and the samyn to be cassin
down and destroyit to the erd, except the hous and man-
sioun thairof, swa that na fort nor strenth be thair in tymes
tocum; and the said mansioun and housis to be broukit
and joisit be the said Patrik as his heritage, lik as his
forbears brukit the samyn of before in tymes bipast, con
forme to his infeftment ; providing always that the said
Patrik caus the munitioun and artailzery being in the said
fort to be had and caryit to Dunbar upoun his expensis.
Apud Striveling, 20th Marcij 1551. Prwsentibus Begina et
Gubernatore.
Sederunt Archiepiscopus Sancti Andrew, Episcopi Mo-
ravien. Dunblanen. Bossen. Orchaden, ; Comites HuntUe,

BOOK I.] APPENDIX. 451
Ergill, Merschell, Erroll, Glencarne, Cassillis, Athole, Men
teith ; Abbates Dunfermelyn, Sanctw Crucis,1 Kilwynyn,
Culross ; Domini Buthven, Maxwel, Flemyn, Forbes, Drum
mond ; Dominus Georgius Douglass.
The quhilk day, the Lordis of the greit Counsale being
assemblit at Striveling upoun the Treatie past betwix France
and Scotland ; and inlykwys the Treatie last past betwix our
Soverane Lady and the Emperour, of the dait at  the
 day of  the zeir of God ane thousand fyve hundred
and fifty-ane zeiris ; and finding be the samyn that in the
said Treatie with the Emperour is speciallie reservit, inclusit,
and comprehendit the maist Cristine King of France, his
realmes and dominionis, efter the forme of the Treaties past
betwix his maist nobill forbearis and the Quenis Grace maist
nobill forbearis Kingis of Scotland ; weying alswa the King
of France's writting and requisitioun laitlie cum in to the
thre Estaittis of this Realme, to declare thameselfis, and tak
his part, according to the tenour of the auld Treatyis, and
to the greit freyndschip that sen his cumming to the crowne
of France he hes schawin in suppleying of this Realme, in
thair greit mister, against the greit forces of Ingland, being
at that tyme all redy enterit and fortifyit far within the
samyn ; hes at last condiscendit and resolvit thameselffis in
this maner, that thair salbe send to the King of France ane
gentilman to schew for the part of this Realme unto his
Majestie quhat incommodite may cum to this Realme, gif
the Peax with the Emperour beis brokin, quhat harme may
be done thairthrow to the said Emperour his enimie, and
quhat chargeis his Majestie salbe constranit to entere into
on this syd, in cais the Emperour put ony greit force to thir
seyis, and thairthrow to perswaid the Kingis Majestie to be
content and satisfyit thairwith, als far as he may : Bot gif
alwayis his Majestie persistis and abidis at that poynt, that
he will haif declaratioun of weir maid to the Emperour in
naim and behalf of this Realme ; in that cais thair salbe
send to the Emperour ane sufiicient personaig to gif up the
samyn Peax, and declare unto him that this Realme cannot
1 [Holyrood, at Edinburgh, of which Robert Stewart, an illegitimate
son of James V., who succeeded Robert Cairncross in the Bishopric of
Ross, was then Abbot.— E.]

452 APPENDIX. [book I.
remane at freyndschip with him, he standand at enmity with
the said maist Cristin King of France, maist antiant and
maist speciale freynd unto the Quenis Grace our Soverane
Lady, and this hir Realme.
Apud Edinburgh ultimo Novembris, 1552.
The quhilk day it is divisit be my Lord Governour, and Lordis
of^Secreit Counsale, that ane certane number of fit men be resit
and upliftit of this realme, to be send in France for the
support of the maist Cristine King, conforme to the auld
liegis, bandis, amitie, and allyansis quhilk hes stand of lang
tyme betwix the Realmes of Scotland and France, renewit
and confermit be every Kyng and Princes sen the tyme of
Achaius, Kyng of Scotland, and Chairlis the Maine,1 Kyng of
France, and laitlie in thir dayis be our Soverane Lady and
of Fransis last Kyng of France, as he hes requerit be his
speciall letteris, as the samyn at mare lenth proporttis ; the
quhilk men of weir can nocht gudlie be reasit without the
Realme be stentit : Thairfor it is thocht expedient, that of
everie fourtie merk land of auld extent in this Realme, als
weill of our Soverane Ladyis awin propertie as the tempo-
rail and spirituall mennis landis, togidder with all waird-
landis, terce and conjunct fie-landis, and landis in non-
entres, thair be ane ebill, sufiicient fitman, well furnischit,
cled in new hois, and ane new dowblett of canwess at the
lest, with jack of plett, steilbonet, splent slewis of mailzie,
or plait, with ane speir of six elne lang,2 or thairby, be reasit
to pass with thair generall, corrowner, and capitanes to that
effect, to the said pairtis of France : Thairfore ordanis
letteris to be direct to every sherif and bailzie within this
realme, and thair deputtis, alswele generall as reall, alswele
of spirituall mennis landis as temporall mennis landis, charg
ing thame that thai conveine the friehalderis of everie schyir
and bailzarie foresaid, in the heid brut of the schyir, with
all dilligence possible, and at the farrest betwix this and the

1 [The Emperor Charlemagne. This is an allusion to the alleged league
between the said King Achaius and that French monarch, which proves
that it was devoutly believed in the sixteenth century. — E.]
2 [This part of the Act of the Privy Council contains a curious descrip
tion of the equipment and dress of a Scottish foot-soldier in the sixteenth
century. — E.]

BOOK I.] APPENDIX. 453
xx day of December nixtocum, considdering it stands upoun
the hie plesour to the said maist Cristine King, and honor
of this Realme ; and thair retour all the saidis landis within
thair schyris and boundis of thair offices, alswele our Sover
ane Ladyis landis.
Item, It is divisit and ordanit, that thair be reasit of the
haill burrowis of this Realme ane ansaingzie1 of fitmen ex
tending to thre hundrethe men ; and in swa far as is possi
ble, that all the thre hundrethe men be hagbutteris furnischit
with powder, flask, morsinghornis, and all uthir geir be-
langing thairto. And ordanis the Provest of Edinburc2
to tax the remanent of the haill burrowis as use is, provyd-
ing alwayis that it sail nocht be an tabroun or suasche3 to
gang throw ony burc4 for sutting of men to the rest of the
ansaingzies unto the xx day of December nixtocum be by-
past.
Instructionis for Boss Herald, to be schawin to Mons. Novellis,
Ambassadour for the Maist Cristine King in Londoun.
In the first, To schaw him quhow the Bordouraris of Inglande
daylie ridis in Scotlande upoun the fronteris of the samyn,
takand heirschippis of gudis, committand slauchteris, and
utheris greit crymis and wrangis, upoun the liegis of this
Realme, quhareof the Wardanis can get na redres, quhilk
apperis manifestlie to move occasioun of weir betwix the
Realmes, gif haisty remeid be not providit, and ordour put
thairto. And speciallie to schaw how ane Capitane of Nor-
hame, twa zeir syne or thairby, viz. in the end of Junij
1551 zeris, schot artailzerie at the Lord Humis fischearis of
his salmond-fisching upoun Tweid in Halywell, and put
thame fra the fisching thairof; and continuallie sensyne the
said Capitane of Norhame occupyis and withhaldis the
samyn fisching, fischis and applyis the fischis thairof to his
awin uis, quhairof the Lord Hume can get na redres : How-
beit Mr Gray of Chillinghame, Wardane of the Est Bor-
douris of Ingland, within the boundis of quhais office the
said Capitane of Norhame, reiffar of the said fischemen,
1 [Company of soldiers. — E.]
3 [This Provost was SirAndrew Kerr of Little Deane.— E.]
3 [Drum or trumpet. — E.]
4 [Evidently burgh or borough. — E.]

454 APPENDIX. [book I.
dwellis, hes bene diverse tymes requirit tharefor, alswele be
my Lord Governouris awn speciall wrytting as be the
Wardanis of Scotlande franente him, nochtwithstanding
that the samyn fisching of Halywell wes at the confirma-
tioun of the last Trete of Peax betwix the Realmes be the
Commissionaris of Scotlande and Inglande, depute thairto
realie be virtew of the said Peax, restorit to the Lord Hume
and his possessioun the xxiij day of Junij, the zeir of God
foresaid, and he sufferit peceablie to occupaye and labour
the said fisching thairefter be the space of viij dayis.
Item, The said Mr Gray of Chillinghame being for the
tyme Wardane-Depute of Inglande, upoun the Est Merchis
of Englande, lykas he is zit, Cuthbert Musgray, Capitane
of Harbottill Castell in Inglande, came in the moneth of
Julij last bypast, with ane greit cumpany of Inglishemen to
the nowmer of fyve hundreth, upoun fair day-licht, at x
houris afoir none, to the landis of Zettem and Kirk-Zettem1
in Scotlande, and thair reft and had away with thame
thrette-fyve hundrethe scheip, fyve hundrethe nolt, and as
zit withhaldis the samyn, quhairof the said Mr Gray will
mak na redres, he being Wardane-Depute of Inglande in
thair partis ; bot quhen he wes requisit thairfore be the
Wardane of Scotlande, maid answer — That he wes com
mandit to tak the gudis perteining to Scottismen within
the landis forsaidis be the Lorde Quhartoun,2 Generall
Lieutennent and Wardane-Depute of all the Merchis of
Ingland annentis Scotlande, under the Duke of Northum
berland ; and howbeit he hes sensyne bene requirit to re
dres the samyn be my Lord Governouris awin speciall
wryttingis, zit he will mak nane.
Item, The Capitane of Warke, upoun the xxiv day of
August last bypast, the samyn day being appointit ane day of
trew and meeting of the Wardanis of Scotlande and Inglande
at Reddame Burne, place accustomit to convene at dayis of
trew upoun thai Merchis, come with an greit cumpanye of
men, to the nowmer of sexscore and ma, to the landis of
Haldane within Scotlande, nocht half an Scotis rnyle fra the
said metyng place of Reddame Burne, and scant twa houris

1 [Yetholm and Kirk-Yetholm, in the county of Roxburgh, on the
frontier of Northumberland.— E.] 2 [Wharton.— E.]

BOOK I.] APPENDIX. 455
efter the metyng of the Wardanis, and cruellie slew Patrik
Jamesoun and Jhone Davidsoun, Scottismen, quhairof ap-
perit to haif followit occasioun of ane greit truble hestilie,
be metyng of the saidis "Wardanis starklie, accumpanyit as
thair use is, at sik metyngis, sa suddenlie eftir the said
slauchtir, and sa neir the place quhar it wes committit ; the
hale kyn and frendis of the men that wes slane being accum
panyit with the Scottis Wardane thairof, as zit thair can be
na redres had for na requisitoun that the Wardane of Scot
lande can mak, nor zit for my Lord Governouris awin speciall
wryttingis send to the Wardane of Inglande thairupoun.
And to desyr the Ambassadour foresaid to schaw thir
thingis to the Quene of Inglande and hir Counsale, and to de
clair to thame how the Bordouris of Inglande, or at the least
sum of thame that ar of evill nature and dispositioun, inemyis
to peax and quietnes, inclynit to slouthe and reif, accustumit
to leif thairupon daylie and nychtlie, makis invasioun upoun
this Realme, sum tyme in ane part thairof, and sum tyme in
ane uther, with grete cumpanyis of men togidder in plane reif,
heirschippis, and slauchteris, alswele in plane day-licht as in
the nycht, sum tyme xx myle within Scotlande, in plane
forroying, tendying alway be all the craft thai can to pro
voke the liegis of this realme to do siklyke, and thairthrow
to mak occasioun of weir, contrare the myndis of the Quene
and Counsalis of baith the Realmes. And thairfore to per-
swaid the Quene and Counsale to direct Commissioneris,
twa, thre, or four of Inglandismen, to meit ane lyk nowmer
Commissiouneris for Scotlande, at convenyent day and place,
als schortlie and hastilie as he may gudlie upoun the Bor
douris, for redressing of sic attemptatis, stanchying of male-
factouris, and ordouring of the Bordouris, manteinance of
the peax and quiet of the liegis of baith the Realmes. And
gif this be refusit, that the Ambassadour mak the King
advertisment thairof.
Item, In cais it be answerit to the Ambassadour of
France be the Counsale of Inglande, That this fisching of
Halywell on Twead hes bene in all tymes of peax filscheit
be the Capitanes of Norhame, becaus it lyis neir the wall of
the castell, and that my Lord Hume gat bot allanerlie in
tyme of peax ane dewtie of sylver payit to him thairfore be
the Capitane of Norhame, in name of maill or ferine allaner-

456 APPENDIX. [book I.
lie : In that cais the Heralde foresaid sail informe the Am
bassadour, that the Lordis of Hume be thairselfis and thair
servandis Scottismen, in all tymes of peax bypast fischeit
and occupeit that fisching of Halywell als neir the wall of
Norhame as thai do now, and brocht the fische thairof daylie
and continuallie away in Scotlande, but ony stop or truble
of Inglischemen ; and that the samyn was never set to the
Capitane of Norhame, bot allanerlie at ane tyme be the Lord
Hume that last deceissit, for the space of ane zeir, for pay
ment of ane certane sowme of money. Quhilk assedatioun
wes lyk as all sik assedatiounis war, and is unlefull and
forbyddin be the lawis of this Realme, that ony Scottismen
sail set ony of the Quenis dominionis or possessionis to ane
Inglischeman, or ony Inglischeman set ony of the Quene of
Inglandis dominionis to ane Scottischeman ; and swa upoun
ane assedatioun of ane zeir tak maid in maner foresaid, but
consent or knawlege of the authorite or Counsale of Scot
lande, unlefullie be ane private persoun, can never the Quene
of Inglande, nor her Capitanes of Norhame Castell, pretend
richt within the Quene our Soverane Ladyis possessionis
and dominionis.
Item, In cais it be allegit be the Counsale of Inglande to
the Ambassadour, That the gudis takin be the Inglischmen
furt of the landis of Zettem and Kirk-Zettem townes, war
justlie takin upoun the frontiers, becaus thai war pasturit
and kepit within the Merchis of Inglande, and thairfore
eschaet and justlie takin away be Mr Gray foirsaid off the
severall ground of Inglande : In that cais to informe the
Ambassadour, that supponand thai had bene fund pasturand
upoun the severall ground of Inglande (as thai war nocht
indeid, bot takin off the severall ground of Scotlande), zit he
micht on nowayis eschaetit thame, nor haldin thame langer,
be the lawes or customes of the Bordouris, but quhill thai
had payit ane grott for the heid of ilk peax for thair
poundlaw. Item, Gif it happenis to be allegit to the Ambassadour,
That the Scottismen war slane be the Capitane of Warke in
his defense, and thair persute within the severall ground of
Ingland : The Heralde sail informe him, That thai war slane,
and tane up deid upoun the severall ground of Scotlande,
nowthir pleyable nor debatable, ane greit way within the

BOOK I.] APPENDIX. 457
peceable merche of Scotlande, in defense of thameselfis and
thair cornis, quhen the said Capitane and his cumpany war
etand with thair horss.
Item, In cais the Quene and Counsale of Inglande con-
discend to aggre to send Commissioneris to the Bordouris,
desyre the Ambassadour to knaw the namis of thame sail
cum for the pairt of Inglande, and caus him name for this
Realme men of sic estait as thai name ; that is to say for
Bischopis, Murray, Dunblane, Orknay ; for Erlis, Marschell,
Rothes, and Cassellis ; Knychtis, Sr Williame Hammiltoun
of Sanquhair, Jhone Maxwell of Tarreglis, Matelande
of Lethyngtoun, Andro Jhonestoun of Elphynstoun, Robert
Carnegie of Kinnarde, Maister Jhone Ballenden of Aucht-
nowle, Maister James Macgill of Balgawys, Maister David
Borthwick of Lochhill, swa that sa mony of thir personis
above-wryttin sail convene and meit with sa mony as thai
sail caus come down for the part of Inglande, of semblabill
estait. N. B. — The Becord being deficient, this is gathered from
Haddington's Collections.
12th Aprile 1554. — Proclamation of the Quene-Douarier
Regent. 2d June 1554. — Ordinance that the Erie of Huntlie raise
an armie of the Quenis liegis fra the 'water of Die north
 and the Erie of Argyle raise an armie of the liegis con
venient and habill within the boundis of  be sea and
land, to convene upon the  day of  to pas with
fyre and sword, to the utter exterminion of the Clanranald,
Donald Gorme, Macloyde1 of the Lewis, and thair complices,
that sendis not and enteris thair pledges as thai ar chairged.
11th October 1554.— The Erie of Huntlie being called
before the Quene-Regent and Counsall, to give account of
his lieutenendrie accepted be him ; and he compeirand, eftir
lang ressoning, and divers witnesses and probation ressavit,
1 [Those turbulent chiefs were John Moydertach MacAllister, Captain
of Clanranald, bastard son of Alexander or Allaster Mac Allan Vic Ruan,
Captain of Clanranald, of the House of Moydert or Clanranald, now Mac-
donalds ; Donald Gormson, the heir of Donald Gorm, Chief of the Mac-
donalds of Sleat ; and Ruari or Roderick Macleod, of Lewis. See Gregory's
History of ihe "Western Highlands and Islands of Scotland, Edin 8vo
1836, p. 182-4.— E.]

458 APPENDIX. [book I.
decerned that he had not used his Commission according to
his acceptation and dewtie, but had failzied thairin, and
thairfore wes ordanit to be puneissed at the Quenis plessour.
22d January 1554. — Ane gret Sederunt of Bischoppis,
Erlis, Abbotis, Lordis, calling thamselffis the Lordis of
Secreit Counsall, concludand that ane fort be bigged be-
syde Kelso ; for bigging quhairof, ordanis that ane taxt of
20,000 lib. be raised, to be upliftit of the Kirkis temporall
estait, to wit, 10,000 lib. of the spirituall estait, and 10,000
lib. of the Barronis, landit-men temporall estait, and Bur
rowis, thairof to be payed be the Barronis 6666 lib. 13 sh.
4d. ; and be the Bourrowis 3333 lib. 6 sh. 8d. every pund
land payand 6 sh. 8d., except the Quenis properte, and landis
pertening to the Kirk ; and that letteris be direct to She
riffis, stewartis, and bailzies, and thair deputtis, chargeing
thame within the boundis of thair office, that thay with all
diligence raise the said sowme of 6 sh. 8d. of everie pund
land of auld extent within the boundis of thair offices, and
inbring the same to the collectoris depute to ressave the
same at the termes following, undir the pane of rebellion ;
and gif thai failzie, to denunce : And for the relief of the
saidis sheriffis, &c. ordainis siclyk letteris to be gevin at
thair instance upoun the Erlis, Lordis, Barronis, and fre-
haldaris within thair boundis, chargeing thame to mak pay
ment to the saidis sheriffis, &c. of the saidis sowme of 6 sh. 8d.
for everie pund land of auld extent perteining to thame,
within ten dayis eftir the charge, undir the payne of re
bellion ; and that siclik letteris be gevin for relief of the
saidis Erlis, Lordis, &c. against thair subvassallis, ladyis
tearceris, conjunct fiaris and liferenteris, to contribute with
the proprietaris pro rata, and to make payment to the saidis
proprietaris for thair relief. And whair Lordis hes landis
in sheriffdomes whair thai dwell not, that letteris be direct
to poynd the reddiest gudis of thair tennentis being upon
the said land within the sheriffdome, for the taxt of the
saidis landis ; whilk poynding salbe allowed to the ten-
nent in payment of thair maillis and dewties of the terme
following. 23d June 1555. — Proclamation for repressing the West
Bordouris, chargeing the landit-men of the sheriffdomes and
bailzieries of Lanark, Renfrew, Kyle, Carrik, Cunning-

BOOK I.] APPENDIX. 459
hame,1 Wigton and Kirkcudbright, weill bodin in feir of
weir, with thair substantious houshaldis, meit the Quene and
hir Commissionaris at Dumfries upon the xx day of Julij,
with xx dayis victuall and furnisching eftir thair dimming
to the towne of Dumfries, undir pane of tinsell of lyfe, land
and gudis.
27th June 1555.— Commissioun to the Erlis of Argyll and
Atholl upon the Illis.
Commissioun to the Erie of Caithnes.
Articlis offered be Macloyd of the Lewis for his obedience
and redress of wrangis, and the Erie of Argyll as cautioner
for him.
2d Maij 1556. — The Lordis of Articlis, for bettir uplifting
of the present taxation and in tyme cumming, hes thocht ex
pedient that the taxt rollis of all landis within the Realme, als
weill landis perteinand to the Crowne, as spirituall and tem
porall mennis landis, be justlie retoured, what thai extend to
of auld extent of everie sheriffdome, and to be inbrocht and
delivered totheThesaurer ; and siklik the names of friehalderis
and feuaris, tennentis and parochinaris of everie parochin,
as weill of craftismen as utheris, and cottaris inhabitantis of
this Realme, be put in roll and writ be the sheriffis of everie
schire, and certane commissaris to be nominat thairto, and
be the deanis, rurall viccaris, curattis, and paroche- clerkis
of ilk paroche and Dioce of this Realme, togidder with the
qualite and habilitie of everie manis person, and quantitie of
thair substance and guidis movabill and immovabill, ilk man
effeirand to his estait ; swa that the haill number of the pund
landis of this Realme, the haill number of the Barronis and
friehalderis, the haill number of parochinaris, tennentis,
craftismen, cottaris, and utheris, may be understand; the
qualitie of thair personis and quantite of thair gudis and
landis may be knawn and put in roll : And for tryell and
performing of the premissis, that letteris be direct to everie
sheriff, stewart, bailzie, provest, aldermen, and bailzies of
burrowis within thair awn jurisdiction, to command and
charge the commissaris to be named to convene with thame
at the heid burgh of the schire, and appoynt whar thai will
1 [The districts of Kyle, Carrick, and Cunningham, now form the
county of Ayr. — E.]

460 APPENDIX. [BOOK I.
begin, and require the Ordinar to caus the deanis rurall of
everie jurisdiction, the parson or vicar of ilk parochen, the
paroche-clerk or his depute, with thair paroche-buke and
clerk-buke, convene and meit with the said sheriffis and
bailzies, with the commissioner foresaid, and to summond
four, five, six, seven, or mae of everie parochine to convene
at thair paroch-kirk att the dayis appoyntit ; and being con
vened, that diligent inquisition be tane of the number of all
friehaldaris, feuaris, tennentis, cottaris, craftismen, and all
utheris inhabitantis of everie parochine, the qualite and
habilite of thair personis, quantite of thair substance and
gudis movabill and immovabill, what landis thai have within
the parochine in heretage, feu, takkis, or mailling for maill
or ferme paying, or be what craft and industrie or uther-
wayis thay leive, and roll and put the same with everie
manis name in writ, and inbring and delyver the saidis rollis
to the Quenis Thesaurer betwix and Zule nixtocum, undir
the payne of disobedience.
25th October 1557- — A discharge of the Duke's office of
lieutennendrie and ratification of his proceeding thairin,
and of the Act maid at Maxwellheuch be advise of the
Nobilite thair present, ordaining the armie to be brocht bak,
and the Siege of the Castell of Warke to be left. This Act
refers top. 164, 165, of the History.
14th December 1557 — Ane taxation of 15,000 lib. for direc
tion of Ambassadouris to the contracting of the Quene in
marriage with the Dolfin, distribution thairof, and maner
of ingaddering of the same.
Besides what has been said, p . 39, 40, 41, 42, of this History,1
concerning the message by King Henry VIII. of England to
his nephew King James V. of Scotland, such readers as have
opportunity will see in Mr Strype's Annals, Vol. i. Appen
dix, p. 115, an original paper under the name of an Am-
bassiate or Declaration of King Henry VIII. to James V.
King of Scots, concerning the Supremacy, &c, in which
that King labours to perswade his nephew to vindicate his
own authority from the encroachments of Rome. And this
1 [All the subsequent documents and observations in Book I. of this
Appendix are illustrations, corrections, and emendations by Bishop Keith
of his " History." The pages refer to the present volume— E.]

BOOK I.] APPENDIX. 461
declaration is made by William Barlow, Bishop-Elect of
St Asaph, and Thomas Holcroft, afterwards Knight and
Knight-Marshal in the year 1535.
Item, Besides the Dispatch mentioned, p. 19 of our His
tory, the King had obtained from the Pope a new Indult
for the enjoyment of one year's rent of ecclesiastical bene
fices, to be counted from the day of the decease of the last
Prelate, &c. ; the tenor of which Indult, for the sake of the
curious, I have thought might be here subjoined, not only
for the illustration of this particular part of our Scottish
History, but as it likewise narrates some former Indults
and privileges granted to our Scottish Kings, a matter
which the generality of people seem to know but little
about. Bulla Indulti pro Serenissimo D. Jacobo Scotorum Bege, ad
percipiendum fructus Ecclesiarum et Monasteriorum omnium
ad unum Annum a die cujuslibet illorum vacationis compu-
tandum, ut infra, 1534.
Pius Episcopus, servus servorum Dei, carissimo in Christo
filio Jacobo Scotorum Regi illustri, salutem et Apostolicam
benedictionem : Fidei constantia et sincera devotio, quibus
in nostro et Apostolice Sedis conspectu clarere dinosceris,
promerentur ut ilia tibi favorabiliter concedamus, per que
incumbentia tibi onera, pro subditorum tuorum benigna
gubernatione, facilius valeas perferre. Sane pro parte tua
nobis nuper exhibita petitio continebat, quod licet alias
felicis recordationis Innocentius VIII. quod occurrente va-
catione ecclesiarum et monasteriorum Regni Scotie, quorum
singulorum fructus, redditus et proventus ducentorum Flore-
norum auri, secundum communem extimationem, valorem
annuum transcenderent, in providendo post vacationes hu
jusmodi ad minus per octo menses supersederi, et clare
memorie Jacobi Scotorum Regis, tunc in humanis agentis,
ac successorum suorum Scotorum Regum, interim desuper
littere et humiles supplicationes durante dicto tempore octo
mensium, expectari deberent, ut illis intellectis salubrius
per Sedem Apostolicam ad provisiones hujusmodi procedi
posset, per quasdam voluerit et Leo X. Roman. Pontifices
predecessores nostri, motu proprio literas Innocentii prede-
cessoris hujusmodi, per suas litteras approbaverit et inno-

462 APPENDIX. [book I.
vaverit, -prout in singulis litteris predictis dicitur plenius
contineri : et tui predecessores Scotorum Reges qui pro
tempore fuerunt, per tantum tempus, cujus contrarii memo-
ria hominum non existit, consueverint ; tuque prefati Jacobi
Regis natus et successor consueveris fructus, redditus, et
proventus quarumcunque Ecclesiarum etiam Metrapolitan.
et Primacialium, ac quorumvis ordinum Monasteriorum in
dicto Regno consistentium, et quovis modo pro tempore
vacantium, ac ad nominationem vestram, ex privilegio
Apostolico spectantium, quousque Ecclesiis et Monasteriis
hujusmodi de personis idoneis, per eundem Regem nominan-
dis, per nos et sedem predictam provideatur percipere et
levare, ac perceptos et levatos, quousque provisi Ecclesiarum
et Monasteriorum hujusmodi possessionem assecuti fuerint,
in vestram et Regni ejusdem tuitionem ac alios honestos
usus convertere. Nichilominus tu cupis, pro majori con
science tue dilucidatione, tibi per nos desuper licentiam im-
partiri . Quare pro parte tua nobis fuit humiliter supplicatum ;
ut conscience tue, paci et quieti in premissis opportune
providere, de benignitate Apostolica dignaremur. Nos
igitur volentes te, quem speciali dilectionis affectu ex visceri-
bus caritatis prosequimur, favore prosequi benivolo, hujus
modi supplicationibus inclinati, Majestati tue, ut quoad
vixeris, fructus, redditus, proventus, jura et emolumenta
temporalia quecunque quarumlibet Ecclesiarum, etiam Pri
macialium et Metropolitan, et quorumvis etiam Cluniacen.
Cistercien. Premonstraten. ordinum Monasteriorum. et alio-
rum quorumcunque dicti Regni, pro tempore quomodolibet
vacantium, ad que jus nominandi personas idoneas tibi per
sedem eandem concessum est, ad annum integrum, duntaxat
a die illorum vacationis computandum, et non ultra, exigere,
percipere, et levare, ac in tuos et Regni tui hujusmodi usus
honestos, absque alicujus censure seu pene incursu, aut
inhabilitatis nota, seu conscientie scrupulo, convertere libere
et licite valeas, auctoritate Apostolica tenore presentium
concedimus et indulgemus. Quoeirca, venerabilibus Fratri-
bus nostris, Archiepiscopo Glasguen. et Candide Case ac
Cathenen. Episcopis, per easdem presentes committimus et
mandamus, quatinus ipsi, vel duo aut unus eorum, per se
vel alium seu alios, tibi in premissis efficacis defensionis
presidio assistentes, faciant auctoritate nostra te indulto

BOOK I.] APPENDIX. 463
hujusmodi pacifice gaudere ; non permittentes te desuper
per quoscunque, contra presentium tenorem, quomodolibet
impediri seu molestari ; contradictores quoslibet et rebelles
per censuras et penas Ecclesiasticas, appellatione postposita,
compescendo, ac censuras et penas ipsas, etiam iteratis vici-
bus, aggravando ; invocato etiam ad hoc si opus fuerit
auxilio brachii secularis : non obstantibus quibusvis Aposto
lus, ac in Provincialibus et Synodalibus Conciliis, editis
generalibus vel specialibus, constitutionibus et ordinationi-
bus, nee non Ecclesiarum, Monasteriorum et ordinum pre-
dictorum juramento, confirmatione Apostolica, vel quavis
firmitare alia roboratis, statutis et consuetudinibus ac qui
busvis privilegiis, exemptionibus et Indultis Apostolicis eis-
dem ecclesiis, monasteriis, et ordinibus, ac illorum Prelatis,
Conventibus, et personis, sub quibuscunque tenoribus et
formis, ac cum quibusvis etiam derogatoriarum derogatoriis,
aliisque efficacioribus et insolitis clausulis irritantibusque, et
aliis decretis, etiam motu proprio, et ex certa scientia, ac
quavis consideratione, et ex quibusvis causis, per quoscunque
Roman. Pontifices predecessores nostros et sedem predictam,
etiam iteratis vicibus, in genere vel in specie concessis,
approbatis et innovatis. Quibus omnibus etiamsi de illis
eorumque totis tenoribus specialis, specifica, individua et
expressa, ac de verbo ad verbum, non autem per clausulas
generales idem importantes, mentio, seu quevis alia expressio
habenda, aut aliqua exquisita forma ad hoc servanda foret,
tenores hujusmodi ac formas et dat. nee non decreta in illis
apposita, ac si de verbo ad verbum nichil penitus omisso,
et forma in illis tradita observata inserti forent presentibus,
pro sufficienter expressis habentes, illis alias in suo robore
permansuris hac vice duntaxat specialiter et expresse dero-
gamus contrariis quibuscunque : Aut si aliquibus, communi-
ter vel divisim, ab eadem sit sede indultum, quod interdici,
suspendi vel excommunicari non possint per literas Aposto-
licas non facientes plenam et expressam, ac de verbo ad
verbum, de indulto hujusmodi mentionem. NuUi ergo omnino
hominum liceat hanc paginam nostrorum concessions, indulti,
mandati et derogationis infringere, vel ei ausu temerario
contraire. Si quis autem hoc attemptare presumpserit, in-
dignationem Omnipotentis Dei, ac beatorum Petri et Pauli
Apostolorum ejus se noverit incursurum. Dat. Rome apud

464 APPENDIX. [BOOK I.
Sanctum Petrum, Anno Incarnationis Dominice millesimo
quingentesimo trigesimo quarto, Non. Martii, Pontificatus
nostri anno primo. L. de Torres.1
Item, p. 45. As a sure authority that the clergy had made
a large donative to the King in the year 1541, see "Epistoke
Regum Scotiae," vol. ii. p. 109.
Item, p. 57. That the institution of the Court of Session
may be most fully and surely ascertained, I reckon the
curious may receive with pleasure the two following authen-
tick Bulls of the Popes.
Clemens Episcopus, servus servorum Dei, ad perpetuam rei
memoriam. Preclara merita, quibus charissimus in Christo
filius noster Jacobus Scotorum Rex illustris, in nostro et
Apostolice Sedis conspectu, fide constantissima continuo re-
splendet, nos excitant, et quodammodo ejus de fide, predic
ts meritis id exigentibus, nos impellunt, ut ilia sibi ejusque
posteris regalis fastigii celsitudine fulgentibus favorabiliter
cOncedamus, per que justitia in eo, equa lance omnibus ma
ture ministrata, Regnum ipsum in quietis et tranquillitatis
amenitate permaneat. Sane cum, sicut dilectus filius no-
bilis vir Johannes Albanie Dux, noster secundum carnem
affinis, dicti Jacobi Regis nomine nobis exposuit ; prefatus
Rex benigno subditorum suorum regimine, et ut in Regno
suo justitia mature et securius ministretur, cupiat in ipso
Regno unum collegium proborum et literatorum virorum,
per ipsum Jacobum Regem et successores suos prefatos
eligendorum, quorum media pars in dignitate ecclesiastica
constituta existat, qui de causis suorum Regnicolarum cog-
noscant, institui : quia tamcn id sine magnis expensis fieri
nequit, et ad hujusmodi sustinendas expensas facultates ip-
sius Regius, qui quamplurima alia onera pro dicti Regni re
gimine subire cogitur, non parum extimate minus suppetant ;
d ictus Johannes Dux, dicti Jacobi nomirie, nobis humiliter
supplicavit, ut a Prelatis Regni sui, quorum non minus quam
aliorum Regnicolarum interest, ut ipsum Regnum in quiete,

1 Besides the Secretary De Torres, there are about eight other subscrip
tions which we cannot distinctly read.

BOOK I.] APPENDIX. 405
tranquilhtate et amenitate permaneat, justitiaque ibi vigeat,
et mature ministretur ; aliquod eidem Regni subsidium minis-
trari, et procurari de benignitate Apostolica dignaremur.
Nos igitur Regnum predict, in tranquilhtate, amenitate, et
justitia permanere, et perpetua quiete frui exoptantes, ac
equum reputantes, ut Prelati ejusdem Regni ad expensarum
hujusmodi supportationem sua suffragia et subsidia imper-
tiantur; hujusmodi supplicationibus inclinati, auctoritate
Apostolica tenore presentium, perpetuo statuimus et ordina-
mus, quod de cetero, quamdiu tamen, diet. Jacobus Rex et
ejus successores in nostra et Sedis Apostolice fide, obedien-
tia et devotione permanserint, universi quarumvis Metropo
litan, et aliarum Cathedralium Ecclesiarum, secularium et
regularium, Archiepiscopi, etiam Primates et Legati nati, ac
Episcopi, necnon quorumvis ordinum Monasteriorum Abba-
tes, et Prioratuum conventualium ejusd. Regni Priores, seu
Ecclesiarum, Monasteriorum, et Prioratuum eorund. perpe-
tui vel temporales administratores et commendatarii pro
tempore existentes, et alii ipsius Regni Prelati etiam ex-
empti, ex fructibus, redditibus et proventibus Ecclesiarum,
Monasteriorum, et Prioratuum, eidem Jacobo Regi et succes-
soribus suis Scotorum Regibus pro tempore existen. pro in-
stitutione et manutentione unius Collegii proborum et litera-
torum virorum, quorum media pars in dignitate Ecelesiastica
constituta omino esse debeat, per Jacobum Regem et suc
cessores prefatos alias rite pro tempore eligendorum, qui de
causis Regnicolarum predict, cognoscant, illasque audiant,
decident et fine debito terminent, ac eis justitiam ministrent;
per eund. Jacobum Regem de novo in dicto Regno instituen.
perpetuo annis singulis realiter et cum effect, usque ad
summam decem millium Ducatorum auri de Camera, juxta
quantitatem fructuum, reddituum, et proventuum Ecclesia
rum, Monasteriorum, et Prioratuum eorundem, per eos dis-
tribuen. et colligen. solvere debeant et teneantur. Quocirca
venerabilibus fratribus nostris Archiepiscopo Glasguen.1 et
Moravien.2 ac Candide Case3 Episcopis per Apostolica scripta
1 [Gavin Dunbar, Arehbishop of Glasgow.— E.]
2 [Andrew Stuart, Bishop of Moray, son of Alexander Duke of Albany,
(son of James II.), by his wife Catharine Sinclair, daughter of William Earl
of Caithness and Orkney. As this marriage was pronounced unlawful by
Act of Parliament, Bishop Stuart was declared illegitimate, which in
duced him to enter the service of the Church.— E.]
3 [Henry Wemyss, Bishop of Galloway.— E.]

466 APPENDIX. [book I.
mandamus, quatinus ipsi, aut duo aut unus eorum, per se
aut alium seu alios, Jacobo Regi ot successoribus prefatis,
in premissis efficacis defensionis presidio assistentes, faciant
auctoritate nostra, per Prelatos predict, usque ad dictam
summam decem millium Ducatorum hujusmodi, Jacobo Regi
et successoribus suis prefatis, annis singulis, juxta presen-
tium tenorem, integre persolvi ; contradictores quoslibet et
rebelles, per penas et censuras Ecclesiasticas, et alia juris
remedia, appellatione postposita, compescend. non obstan.
constitutionibus et ordinationibus Apostolicis, acEcclesiarum,
Monasteriorum, et Prioratuum predict, etiam juramento,
confirmatione Apostolica, vel quavis firmitate alia roboratis,
statutis et consuetudinibus, nee non quibusvis exemptioni-
bus, immunitatibus, privilegiis, indultis et literis Apostolicis,
etiam Primatibus et Legatis natis, Episcopis, Abbatibus,
Prioribus, Administratoribus, Commendatariis, et aliis Pre
latis, sub quibuscunque tenoribus et formis, ac cum quibus
vis clausulis et decretis, etiam motu et scientia similibus
concessis et approbatis. Quibus omnibus tenores illorum,
ac si de verbo ad verbum insererentur presentibus, pro suffi-
cienter expressis habentes, illis alias in suo robore perman-
suris, hac vice duntaxat specialiter et expresse derogamus ;
et eis adversus premiss, nullatenus suffragari volumus ; ceter-
isque contrariis quibuscunque : Aut si Archiepiscopis, etiam
Primatibus et Legatis natis, Episcopis, Abbatibus, Prioribus,
Administratoribus, Commendatariis, et aliis Prelatis pre
fatis, vel quibusvis aliis, communiter vel divisim, ab eadem
sit sede indultum, quod interdici, suspendi et excommuni-
cari non possint, per Literas Apostolicas, non facientes plenam
ac de verbo ad verbum de Indulto hujusmodi mentionem.
Nulli ergo omnino hominum liceat hanc paginam nostre
Institutionis, Concessionis, Indulti, mandati et derogationis
infringere, vel ei ausu temerario contraire. Si quis autem
hoc attemptare presumpserit, indignationem Omnipotentis
Dei, ac beatorum Petri et Pauli Apostolorum ejus, se
noverit incursurum. Dat. Rome apud Sanctum Petrum,
anno Incarnationis Dominice 1531, Pontificatus nostri anno
octavo.

BOOK I.] APPENDIX. 467
Processus super Bulla Confirmationis Collegii Justitie Seren-
issimi Domini Scotorum Begis semper Illustrissimi.
Universis et singulis, reverendissimis ac reverendis in
Christo Patribus et Dominis, Dominis, Dei et Apostolice
Sedis gratia quarumvis Metropolitan, et aliarum Cathedral-
ium Ecclesiarum, secularium et regularium, Regni Scotiae,
Archiepiscopis, etiam Primatibus et Legatis natis, ac Epis
copis, eorumque et cujuslibet eorum vicariis et officialibus,
generalibus ac subdelegatis, et commissariis, nunc et pro
tempore existentibus ; necnon quorumvis ordinum Monaste
riorum Abbatibus, ac Prioratuum conventualium Prioribus,
seu Ecclesiarum, Monasteriorum et Prioratuum eorundem
perpetuis vel temporalibus administratoribus et commenda
tariis nunc et pro tempore existentibus, et aliis quibuscun
que dicti Regni Scotie Prelatis, etiam exemptis, omnibusque
aliis et singulis quorum interest, intererit aut interesse pote
nt, quosque infrascript. tangit negotium seu tangere poterit
quomodolibet in futurum, communiter vel divisim, quibus
cunque nominibus censeantur, aut quacunque perfulgeant
dignitate, Hieronimus de Ghimitiis,1 eadem gratia Episco
pus Wigornien. curie causarum Camere Apostolice gener-
alis auditor, judex et executor ad infrascripta, una cum qui-
busdam aliis nostris in hac parte Collegis ; cum ilia clausula
Quatinus ipsi vel tres, aut duo, seu unus eorum, per se vel
alium, seu alios, &c. a sede Apostolica specialiter deputatus,
Salutem in Domino; et nostris hujusmodi ymmo verius Apos
tolicis, firmiter obedire mandatis. Literas sanctissimi in
Christo Patris et Domini nostri, Domini Pauli divina provi-
dentia Pape tertii, ejus vera Bulla plumbea, cum filis sericis
rubei croceique coloris more Roman, curie impendentes,
bullatas, sanas siquidem et integras, non vitiatas, non can-
cellatas, neque in aliqua sui parte suspectas, sed omni prorsus
vitio et suspicione carentes, ut in eis prima facie apparebat ;
1 In the " Epistolse Regum Scotiae," vol. ii. towards the end of the reign
of this King James V. there is much mention made of the Cardinal
Hieronymus de Ghymiciis ; who we are assured, p. 96, &c. was Vice-Pro
tector of the Scottish Nation in the absence of Rodulphus Cardmalis Car-
pensis. Any of the Cardinals comes to get the denomination of Protector,
according as he takes upon him the charge of the affairs of a nation at the
instances of the Prince.

468 APPENDIX. [book I.
nobis, pro parte serenissimi ac illustrissimi Principis et
Domini, Domini Jacobi Scotorum Regis illustris principalis,
in eisdem Literis Apostolicis principaliter nominati, coram
Notario publico Archivii Roman, curie scriptore, et testibus
infrascriptis, presentatas, nos, cum ea qua decuit reverentia,
noveritis recepisse, hujusmodi sub tenore : Paulus Episco
pus, servus servorum Dei, ad perpetuam rei memoriam.
Preclara carissimi in Christo filii nostri Jacobi Scotorum
Regis illustris merita, quibus ipse, more clarissimorum
Regum Scotorum, progenitorum suorum, in nostro et Apos
tolice Sedis conspectu clarere dinoscitur, non indigne meren-
tur, ut petitionibus suis, presertim justicie cultum ac subdi-
torum suorum benignam gubernationem, ac tranquillum
statum concernentibus, quantum cum Deo possumus, favora-
biliter annuamus : ac ea que per eum propterea provide
gesta sunt, ut illibata persistant Apostolici muniminis soli-
ditate, prompta benevolentia roboremus : Dudum cum pre-
fatus Jacobus Rex felicis memorie Clementi Pape septimo,
predecessori nostro exponi fecisset, se summopere cupere,
Regnum suum Scotie in quietis et tranquillitatis amenitate
perpetuo permanere, ac omnibus illius Regnicolis justiciam
equa lance liberius ministrari : prefatus Clemens predecessor,
eodem Jacobo Rege id ab ipso predecessore instanter petente,
ac desuper humiliter supplicante, quod ex tunc de cetero
porpetuis futuris temporibus, universi et singuli quarumvis
Metropolitanarum et aliarum Cathedralium Ecclesiarum,
secularium et regularium dicti Regni, Archiepiscopi, etiam
Primates et Legati nati, ac Episcopi, nee non quorumvis
ordinum Monasteriorum Abbates, ac Prioratuum conven-
tualium Priores, seu Ecclesiarum Monasteriorum et Prio
ratuum eorundem perpetui vel temporales administratores
et commendatarii pro tempore existentes, et alii ipsius
Regni Prelati, etiam exempti, ex fructibus, redditibus et
proventibus Ecclesiarum, Monasteriorum, et Prioratuum
hujusmodi, pro institutione et manutentione unius Collegii
proborum et literatorum virorum, quorum media pars in
dignitate Ecclesiastica constituta omnino esse deberet, per
Jacobum Regem, et successores suos prefatos, alias rite pro
tempore elegendorum, qui de causis civilibus et prophanis
Regnicolarum predictorum cognoscerent, illasque audirent,
deciderent et fine debito terminarent, ac eis justitiam minis-

BOOK I.] APPENDIX. 469
trarent, per eundem Jacobum Regem de novo in dicto Regno
perpetuo instituendi annis singulis realiter et cum effectu,
usque ad summam decem millium Ducatorum auri de
Camera, juxta quantitatem fructuum, reddituum et proven-
tuum Ecclesiarum, Monasteriorum, et Prioratuum eorundem,
distribuendorum et colligendorum, solvere deberent et te-
nerentur ; per suas sub plumbo confectas literas statuit et
ordinavit, prout in eisdem literis plenius continetur. Cum
autem, sicut prefatus Jacobus Rex nobis, qui dicto prede-
cessore, sicut Domino placuit, sublato de medio, divina
favente dementia, ad summum Apostolatus apicem assumpti
fuimus, nuper exponi fecit ipse hujusmodi Collegium Justitie
proborum et literatorum virorum, unius Presidents, Prelati
semper Ecclesiastici, ac quatuordecim aliarum personarum,
quarum media pars in dignitate Ecclesiastica constituta
semper existat, per eundem Jacobum et pro tempore exis-
tentem Scotorum Regem electorum et eligendorum, qui
de dictis causis Regnicolarum predictorum, ut prefer-
tur, cognoscant, illasque audiant, decidant, et fine debito
terminent in ejus supremo Parliamento, de concilio et
assenssu trium statuum dicti Regni, sua regia auctoritate
instituerit : et erga Archiepiscopos, Episcopos, Abbates,
Priores, Administratores, Commendatarios, et alios Pre
lates predictos, prout ejus predecessores facere consue-
verunt, se liberalem et munificum reddere volens, summa
decem millium ducatorum predicta, ad mille et quadringentas
libras usualis monete Regni predicti, treeentas quinquaginta
libras sterlingorum vel circa constituentes, reducta, cum
eisdem Archiepiscopis, Episcopis, Abbatibus, Prioribus,
Administratoribus, Commmendatariis,et aliis Prelatis, etiam
exemptis, predictis convenerit, quod pro hujusmodi Collegii
Justicie per eundem Jacobum Regem de novo instituti,
annua et perpetua sustentatione et manutentione, per Archie
piscopos, Episcopos, Abbates, Priores, Administratores,
Commendatarios, et alios Prelatos predictos, solum summa
predicta mille quadringentarum librarum usualis monete
dicti Regni solvi debeat ; ipsaque summa mille quadringen
tarum librarum sic reducta, ex fructibus, redditibus et pro-
ventibus beneficiorum Ecclesiasticorum secularium ac etiam
regularium, ad eorum collationem, provisionem, presenta-
tionem, et quamvis aliam dispositioneni, communiter vel

470 APPENDIX. [BOOK I.
divisim, spectantium, aut alias, per eos et eorum singulos,
Capitulorum, Ecclesiarum et Conventuum, Monasteriorum et
Prioratuum suorum, ad id respective, expresso accedente
consensu, nominandorum ; per dictum Collegium, ac collec-
torem ab eisdem pro tempore deputatum, annis singulis per-
petuis futuris temporibus, levetur et exigatur ; ac per imme
diate in nominandis beneficiis hujusmodi futuros successores
et possessores, in perpetuum cedentibus, etiam ex causa per-
mutationis, vel decedentibus modernis eorundem nominan
dorum beneficiorum possessoribus, seu ilia alias quomodo
libet dimittentibus vel amittentibus, et illis quibusvis modis
etiam per privationem simul vel successive vacantibus, etiam
apud sedem Apostolicam, seu provisionibus de illis eisdem
Apostolica et alia quavis auctoritate quibuscunque personis
faciendis, ex quibuscunque causis nullis et invalidis forsan
existentibus, et affectum sortiri nequeuntibus, singulis annis
perpetuis futuris temporibus, in locis et terminis in manda-
tis Archiepiscoporum, Episcoporum, Abbatum, Priorum,
Administratorum, Commendatariorum, et Prelatorum pre-
dictorum desuper confectis, expressis et conficiendis, expri-
mendis, ac sub censuris et penis Ecclesiasticis etiam priva-
tionis beneficiorum predictorum per nos et sedem Apostoli
cam apponendis, in eventum non solutionis ipsius summe,
seu rate sive partis illius eos contingentis eo ipso incurren-
dis, plenarie, et integre persolvatur, seu Collegium prefati,
aut collector ab eis pro tempore deputatus, eandem summam
mille quadringentarum librarum, ut prefertur, reductam ad
eorum manus prpprias, per se vel alium, seu alios eorum
nomine, propria auctoritate exigant, levent, et percipiant ;
ac in dicti Presidentis et aliarum quatuordecim persona-
rum Collegii Justicie hujusmodi pro tempore existen. usus
et utilitatem, per modum distributionum quottidianarum,
ad ratum residentie per eos et eorum quemlibet pro tem
pore faciende, loco annuarum pensionum, que ab omni juris-
dictione ordinaria, ac ob omni decima contributione collecta,
exactione ac subsidio etiam caritativo, oneribusque ordina-
riis, et extraordinariis, quavis etiam Apostolica auctoritate,
etiam regia instancia, et ex quibusvis causis, etiam expedi-
tionis contra Turchas et Infideles, seu alias quomodolibet
pro tempore impositis et imponendis, libere, immunes et ex-
empte sint, convertant ; prout in literis patentibus ipsius

BOOK I.] APPENDIX. 471
Regis, et instrumentis publicis desuper confectis, quorum
tenores presentibus pro sufficienter expressis haben. plenius
dicitur contineri ; et propterea pro parte Jacobi Regis, ac
Archiepiscoporum, Primatum, Legatorum natorum, Episco-
porum, Abbatum, Priorum, Adininistratorum, Commenda-
tariorum, et aliorum Prelatorum predictorum, nobis humili-
ter supplicatum fuerit, ut institutioni, concessioni et con-
ventioni hujusmodi, pro illarum subsistentia firmiori, robur
Apostolice firmitatis adjicere, et alias in premissis oppor
tune providere de benignitate Apostolica dignaremur : Nos
dicti regni prosperum et tranquillum statum paterno zelan-
tes affectu, ac sperantes ex premissis in illo tranquillitatis
et pacis dulcidine, successurum ; hujusmodi supplicationi-
bus inclinati, institutionem, concessionem et conventionem
predictas, ac prout illas concernunt, omnia et singula in
literis et instrumentis, predictis contenta, licita et honesta,
ac sacris canonibus non contraria, rata et grata habentes,
ilia, auctoritate Apostolica tenore presentium, approbamus
ac confirmamus, et plenum effectum sortiri, et inviolabiliter
perpetuo observari debere decernimus : Supplentes omnes et
singulos juris et facti defectus, si qui forsan intervenerint in
eisdem. Et nichilominus eidem Oollegio pro illius manuten-
tione ultra dictam summam mille quadringentarum librarum
dicte monete, ut prefertur, reductam, ac inter Archiepisco-
pos, Episcopos, Abbates, Priores, Administratores, Com
mendatarios, et alios Prelatos predictos distributam, et alios
redditus, proventus et emolumenta quecunque per dictum
Jacobum et successores suos Scotorum Reges pro tempore
existentes, ac alios quoscunque, ipsi Oollegio, pro uberiori
illius manutentione legitime donata et concessa, ac donanda
et concedenda, pro tempore, cum assignata fuerint ; Nee non
dicto Rege in hoc consentiente tot beneficia Ecclesiastica,
cum cura vel sine cura, de jure Patronatus ex dotatione vel
fundatione ipsius Regis vel predecessorum suorum exis-
tentia ; quorum insimul fructus, redditus et proventus du-
centarum librarum sterlingorum similium, secundum com-
munem extimationem, valorem annuum non exedant, de
cetero per obitum cujuscunque seu quorumcunq. ; ilia obti-
nentis seu obtinentium vacatura, cum vacaverint, cum
omnibus juribus et pertinentiis suis, ita quod liceat Pre
sident et Senatoribus pro tempore existentibus, Collegii

472 APPENDIX. [BOOK I.
hujusmodi per se vel ab eis deputatos collectores unum vel
plures, seu alios eorum nomine, summam ipsam, a dictorum
nominandorum beneficiorum inimediatis successoribus et
suorum successorum successoribus prefatis in perpetuum,
exigere et levare, seu propria auctoritate percipere, ac in
dicti Collegii usus convertere : nee non decedentibus simul
vel successive beneficia hujusmodi obtinentibus, corporalem
possessionem beneficiorum juriumque et pertinentiarum prav
dictorum propria auctoritate libere apprehendere et perpetuo
retinere, ac illorum fructus, redditus et proventus similiter
in dictos usus et utilitatem convertere, Ordinariorum loco-
rum et collatorum ac possessorum nominandorum benefi
ciorum hujusmodi, ac quorumvis aliorum, licentia super hoc
minime requisita; sic tamen, quod beneficia hujusmodi
debitis propterea non fraudentur obsequiis, et animarum
cura in eis, si qua illis immineat, nullatenus negligatur, sed
per probos ydoneos animarum cura exerceatur, et eorum
congrue supportentur onera consueta, ex nunc, prout ex
tunc, et e contra, auctoritate et tenore predictis perpetuo
applicamus et appropriamus, ac unimus, annectimus, et in-
corporamus. Et insuper cum juxta institutionem Collegii
et conventionem hujusmodi, Presidens dicti Collegii semper
Prelatus Ecclesiasticus, et quattuordecim persone predicte
Collegium ipsum justicie constituentes, simul et continuo
residere, ac indies justitiam Regnicolis predictis ministrare
sint astricti, ne eos a civitate, oppido aut alio loco, in qua,
seu quo, eos collegialiter pro tempore residere contigerit, ad
alia loca quovismodo in judicium a quibuscunque trahantur,
Presidentem et quattuordecim Senatores Collegii hujusmodi
pro tempore existentes, quamdiu actu Senatores extiterint,
ac eorum Clericos, Scribas, Notaries et Advocates pro
tempore descriptos, et ad actuale exercitium admissos, nee
non reliquos dicti senatus officiales necessarios, similiter pro
tempore existentes, dum in exercitio hujusmodi officii versa-
buntur, ab omni jurisdictione, superioritate, dominio, imperio,
potestate, preeminentia, visitatione et correctione quorum-
cunque Archiepiscoporum, etiam Primatum, et Legatorum
natorum, ac Episcoporum et aliorum Ordinariorum dicti
Regni, nunc et pro tempore existentium, et suorum Offici-
alium et Commissariorum pro tempore quomodolibet depu-
tatorum, auctoritate et tenore supradictis, penitus et omnino

BOOK I.] . APPENDIX. 473
in perpetuum eximimus et totaliter liberamus, ac sub bcati
Petri et sedis Apostolice ac nostra protectione suscipimus ;
ita quod Archiepiscopi, Primates, Legati nati, Episcopi,
Ordinarii Officiales et Coinmissarii prefati, nullam in eos
etiam ratione delicti, contractus domicilii, et rci de qua
ageretur, ubicunque committatur delictum, ineatur contrac
tus, aut res seu domicilium hujusmodi consistant, jurisdic-
tionem, dominium vel potestatem possint quomodolibet ex-
ercere. Sed teneantur Presidens et quatuordecim Senatores
pro tempore existentes, et justitiam ut premittitur rainis-
trantes, eorumque Clerici, Scribe, Notarii, et Advocati ac
Officiales senatus predicti, coram venerabili fratre Candide
Case et Capelle Regie Strivelingen. Episcopo, ac dilectis
filiis Abbate Monasterii beate Marie de Newbottill Sancti
Andree Diocesis, nee non Preposito Capelle Regie beate
Marie de Rupe, infra seu prope civitatem Sancti Andree, de
se querelantibus, de justitia, in illis que ad forum Ecclesi-
asticum spectant respondere ; districtius inhibentes eisdem
Archiepiscopis etiam Primatibus, et Legatis natis, Episcopis,
Ordinariis, Officialibus et Commissariis, ne Presidentem,
Senatores, Olericos, Scribas, Notarios, Advocatos, et reliquos
Officiales Collegii hujusmodi pro tempore existentes, contra
exemptionem, liberationemetsusceptionem nostras predictas,
per se vel alios, directe vel indirecte, quovis quesito colore,
molestare, inquietare seu perturbare quoquo modo pre-
sumant: ac decernentes irritum et inane quicquid secus
scienter vel ignoranter contigerit attemptari. Quocirca,
venerabili fratri Vigorinen. curie causarum Camere Aposto
lice generali Auditori, et prefatis Candide Case et Capelle
Regie Episcopis, nee non Abbati et Preposito, per easdem
presentes committimus et mandamus, Quatinus iosi, vel
tres vel duo vel unus eorum, per se vel per alium seu
alios, presentes literas, et in eis contenta quecunque, ubi
et quando opus fuerit, ac quotiens, pro parte Jacobi, et
pro tempore existentis Scotorum Regis, nee non Presi
dents et Senatorum Collegii predictorum, seu alicujus eo
rum, fueritis requisiti ; solenniter publicantes, eisque in pre
missis efficacis defensionis presidio assistentes, faciant aucto
ritate nostra literas et in eis contenta hujusmodi firmiter
observari, ac singulos quos ipse presentes litere concernunt
illis pacifice gaudere ; non permittentes eos dosuper per

474 APPENDIX. . [BOOK I.
quoscunque, contra earundem presentium tenorem quomo
dolibet molestari ; Contradictores quoslibet et rebelles per
censuras et penas Ecclesiasticas, ac etiam pecuniarias eorum
arbitrio moderandas, et alia opportuna juris remedia, appel-
latione postposita, compescendo ; Ac legitimis super his ha-
bendis servatis processibus, censuras et penas ipsas iteratis
vicibus aggravando, invocato etiam ad hoc, si opus fuerit,
auxilio brachii secularis, non obstantibus nostra, per quam
dudum inter alia voluimus, quod petentes beneficia Ecclesi-
astica aliis uniri, tenerentur exprimere verum annuum valo
rem secundum extimationem predictam, etiam beneficii cui
aliud uniri peteretur, alioquin unio non valeret, et semper in
unionibus commissio fieret ad partes, vocatis quorum inter-
esset, ac Lateran. Concilii novissime celebrati ; Nee non feli-
cis recordations Innocentii Quarti, que incipit volentes, ac
Bonifacii Octavi Pontificum, predecessorum nostrorum, qua
cavetur, ne quis extra suam civitatem vel Diocesim, nisi in
certis exceptis casibus, et in illis ultra unam dietam, a fine
sue Dioces. ad judicium evocetur ; Seu ne judices a Sede
prefata deputati extra civitatem vel Dioces. in quibus depu-
tati fuerint, contra quoscunque procedere, aut alii vel aliis
vices suas committere, quoquomodo presumant ; et de dua-
bus dietis in Concilio generali edita, dummodo ultra tres
dietas aliquis auctoritate presentium non trahatur, ac qui
busvis aliis constitutionibus et ordinationibus Apostolicis :
Nee non Ecclesiarum et Monasteriorum ac Prioratuum, etiam
in quibus beneficia nominanda hujusmodi forsan extiterint,
ac illorum etiam Cluniacen. Cistercien. Premonstraten. et
Carthusian, ordinum, nee non hospitalis Sancti Johannis
Hierosolimitan. juramento, confirmatione Apostolica, vel
quavis firmitate alia roboratis, statutis, et consuetudinibus,
stabilimentis, usibus et naturis, ac quibusvis privilegiis, ex-
emptionibus, immunitatibus, conservatoriis, indultis et literis
Apostolicis illis in genere vel in specie, sub quibuscunque
tenoribus et formis, ac cum quibusvis etiam derogatoriarum
derogatoriis aliisque efficacioribus et insolitis clausulis, nee
non irritantibus, et aliis decretis talibus, quod illis nullate-
nus, aut non nisi sub certis modo et forma derogari possit
etiam motu proprio et ex certa scientia, ac quavis etiam
regia consideratione, et ex quibusvis causis per quoscunque
Roman. Pontifices prodecessoros nostros, ac per nos et sedem

BOOK I.] APPENDIX. 475
predictam, etiam iteratis vicibus concessis approbatis et in-
novatis. Quibus omnibus, etiamsi pro illorum sufficienti
derogatione, de illis eorumque totis tenoribus specialis, spe-
cifica, individua et expressa mentio habenda, aut aliqua alia
exquisite forma ad hoc servanda foret, tenores hujusmodi,
ac si de verbo ad verbum nichil penitus omisso, et forma in
illis tradita observata inserti forent, presentibus pro suffici
enter expressis habentes, illis alias in suo robore perman-
suris, hac vice duntaxat specialiter et expresse derogamus,
contrariis quibuscunque aut si quibusvis communiter vel di
visim ab eadem sit sede indultum, quod interdici, suspendi
vel excommunicari non possint, per literas Apostolicas non
facientes plenam et expressam ac de verbo ad verbum de In
dulto hujusmodi mentionem. Volumus autem, quod si ali-
quas parrochiales Ecclesias, vel alia beneficia curata, pre-
dicto Collegio in unum presentium uniri, annecti et incor-
porari contingat, animarum cura parrochialibus Ecclesiis,
seu aliis benefices sic unitis, imminens per perpetuos Vica-
rios, quibus sufficiens portio ad sustentationem, fructuum,
reddituum et proventum parrochialium Ecclesiarum seu
beneficiorum unitorum hujusmodi reservetur, omnino exer-
ceatur et sustentetur. Et quia difficile foret presentes
literas ad singula loca ubi opus fuerit deferre, Apostolica
auctoritate predicta, decernimus, quod transumptis earun
dem presentium manu Notarii publiei subscriptis, et sigillo
alicujus persone in dignitate Ecclesiastica constitute muni-
tis, eadem prorsus fides in judicio et extra adhibeatur,
que eisdem presentibus adhiberetur, si forent exhibite vel
ostense. Nulli ergo omnino hominum liceat hanc pagi-
nam nostre approbationis, confirmationis, decreti, supple-
tionis, applicationis, appropriationis, unionis, annexionis, in-
corporationis, exemptionis, liberationis, susceptionis, inhi-
bitionis, mandati, voluntatis et derogationis infringere, vel
ei ausu temerario contraire. Si quis autem hoc attemptare '
presumpserit, indignationem Omnipotentis Dei, ac beatorum
Petri et Pauli Apostolorum ejus, se noverit incursurum.
Dat. Rome apud Sanctum Petrum anno Incarnationis Do
minice millesimo quingentesimo trigesimo quarto, sexto Idus
Martii, Pontificatus nostri anno primo. Post quarum qui
dem literarum Apostolicarum presentationem et receptionem
nobis et per nos, ut premittitur, faetas, fuimus pro parte

476 APPENDIX. [book I.
prefati serenissimi et illustrissimi Domini, Domini Jacobi
Scotorum Regis, nee non modernorum Presidents et Sena-
torum Collegii, de quibus in preinseriis literis Apostolicis fit
mentio, principalium in eisdem preinseriis literis Apostolicis
principaliter nominatorum debita cum instantia requisiti,
quatinus ad executionem dictarum literarum Apostolicarum
et contentorum in eisdem procedere dignaremur, juxta tra-
ditam seu directam per eas a Sede Apostolica nobis formam :
Nos, igitur, Hieronimus de Ghimitiis Episcopus et Auditor,
judex et executor prefatus, attendentes requisitionem hujus
modi fore justam et rationi consonam, volentesque manda-
tum Apostolicum supradictum nobis in hac parte directum
reverenter exequi, ut tenemur ; idcirco auctoritate Aposto
lica nobis commissa, et qua fungimur in hac parte, prefatas
literas Apostolicas et hunc nostrum processum, ac omnia et
singula in eis contenta vobis omnibus et singulis supradictis,
communiter vel divisim, intimamus, insinuamus, et notifica-
mus, ac ad vestram et cujuslibet vestrum noticiam deduci-
mus et deduci volumus per presentes. Et nichilominus vos
reverendissimos ac reverendos, patres Dominos Archiepis-
copos, etiam Primates, et Legatos natos, nee non Episcopos,
Vicarios, Officiales generales ac Subdelegatos, et Commissa-
rios ac Abbates, Priores, Administratores, Commendatarios
et Prelatos, omnesque alios et singulos supradictos, quibus
presens noster processus dirigitur, tenore presentium re-
quirimus et monemus, primo, secundo, tertio, et peremtorie,
communiter vel divisim, ac vobis et vestrum cuilibet in soli-
dum, in virtute sancte obedientie, et sub infrascriptis sen-
tentiarum penis, districte precipiendo mandamus, quatinus
infra sex dierum spacium post presentationem seu notifica-
tionem dictarum literarum Apostolicarum et presentis nos
tri processus, ac requisitionem vobis seu alteri vestrum fac-
tas ; et postquam pro parte dicti illustrissimi et serenissimi
Domini, Domini Jacobi et pro tempore existen. Scotorum
Regis, nee non modernorum et pro tempore existentium
Presidentis et Senatorum Collegii hujusmodi, vel cujuslibet
eorum, super hoc vigore presentium fueritis requisiti, seu
alter vestrum fuerit requisitus, immediate sequentes ; Quo
rum sex dierum duos pro primo, duos pro secundo, et reli-
quos duos dies vobis universis et singulis supradictis pro
omni dilatione terminoque peremptorio ac monitione cano-

BOOK I.] APPENDIX. 477
nica assignamus ; penam etiam duorum millium ducatorum
auri de Camera, partim parti et partim Camere Apostolico
applicandam, et totiens quotiens incurrendam et exigendam,
sententiis supra et infrascriptis hujusmodi adjicientes, faci-
atis auctoritate nostra ymmo verius Apostolica, preinsertas
literas Apostolicas, nee non approbationem, confirmationem,
decretum, suppletionem, applicationem, appropriationem,
unionem, annexionem, incorporationem, exemptionem, libe-
rationem, susceptionem, inhibitionem, mandatum, volunta-
tem et derogationem, omniaque alia et singula in dictis pre
inseriis literis quomodolibet contenta firmiter observari ; ac
vos prout ad vos communiter vel divisim pertinet, firmiter
et inviolabiliter perpetuis futuris temporibus observetis : Nee
non eosdem illustrissimum et serenissimum Dominum Jaco
bum, et pro tempore Scotorum Regem, ac Collegii Presi-
dentem et Senatores hujusmodi, omnesque alios et singulos,
quos dicte preinserte litere quomodolibet concernunt, et
concernent in futurum, eisdem literis, ac omnibus et singulis
in eis contentis supradictis, pacifice et quiete frui et gaudere,
quantum in vobis est vel fuerit, faciatis et permittatis : In-
HIBENTES nichilominus vobis omnibus et singulis supradic
tis quibus presens noster processus dirigitur, et quibusvis
aliis judicibus et personis Ecclesiasticis et secularibus, cu-
juscunque dignitatis, status, gradus, ordinis vel conditionis
existant, sub infrascriptis sententiarum, et dictorum duo
rum millium ducatorum auri de Camera, ut prefertur,
applicandorum et exigendorum, penis hujusmodi, ne mo-
dernos et pro tempore existentes Scotorum Regem, ac
Presidentem et Senatores Collegii hujusmodi, necnon quos
cunque alios, quos dicte preinserte litere quomodolibet con
cernunt, et concernent in futurum, contra dictarum prein-
sertarum literarum tenorem, per vos vel per se, aut alium
seu alios, publice vel occulte, directe vel indirecte, quovis
quesito colore vel ingenio, molestetis seu molestent, aut mo-
lestari permittatis vel faciatis, aut permittant vel faciant ;
sed in omnibus et per omnia, mandatis Apostolicis atque
nostris pareatis seu pareant, realiter et cum effectu. Quod
si forte premissa omnia et singula non adimpleveritis, seu
adimpleverint, aut distuleritis, seu distulerint contumaciter
adimplere, mandatisque et monitionibus nostris hujusmodi
ymmo verius Apostolicis, non parueritis, seu paruerint, reali-

478 APPENDIX. [BOOK I.
ter et cum effectu : Nos in vos omnes et singulos supradic-
tos, qui culpabiles fueritis, seu fuerint in premissis ; et gene-
raliter in contradictores quoslibet et rebelles, ac impedientes
modernos ac pro tempore existentes Scotorum Regem, ac
Collegii hujusmodi Presidentem et Senatores supradictos, ac
alios quos dicte preinserte litere quomodolibet concernunt,
vel eorum aliquem super premissis, et in preinseriis literis
contentis in aliquo, aut ipsos impedientibus dantes auxilium,
consilium vel favorem, publice vel occulte, directe vel indi-
recte, quovis quesito colore, cujuscunque dignitatis, status,
gradus, ordinis vel conditionis existant, ex nunc prout ex
tunc, et ex tunc prout ex nunc, singulariter in singulos, pre
dicta sex dierum canonica monitione premissa excommuni-
cationis ; in Capitula vero, Conventus et Collegia queeunque
in his forsan delinquentia suspensionis a divinis, et in ipso-
rum delinquentium et rebellium Ecclesias, Monasteria et Ca-
pellas interdicti Ecclesiastici, sententias ferimus in his scrip
tis, et etiam promulgamus ; ac quemlibet ex impedientibus,
molestantibus, delinquentibus et rebellibus supradictis, duo
rum millium ducatorum auri de Camera penam hujusmodi
incurrisse et incurrere, illamque ab eis et eorum quolibet
exigi, et, ut prefertur, applicari posse et debere, juris et
facti remediis quibuscunque, eadem Apostolica auctoritate,
decernimus ; vobis vero reverendissimis ac reverendis patri-
bus,' Dominis Archiepiscopis et Episcopis prefatis duntaxat
exceptis, quibus ob reverentiam vestrarum Pontificalium
dignitatum deferimus in hac parte, si contra premissa vel
eorum aliquod feceritis, seu fieri mandaveritis, per vos vel
submissas personas, publice vel occulte, directe vel indirecte,
quovis quesito colore, ex tunc prout et nunc, predicta sex
dierum canonica monitione premissa, ingressus Ecclesiarum
interdicimus in his scriptis. Si vero hujusmodi interdictum
per alios sex dies prefatos sex immediate sequentes sustinu-
eritis, vos in eisdem scriptis, simili canonica monitione pre
missa, suspendimus a divinis. Verum si prefatas interdicti
et suspensionis sententias per alios sex dies prefatos duode-
cim immediate sequentes, animis, quod absit, sustinueritis
induratis ; vos ex nunc prout ex tunc, et e con verso, hujus
modi canonica monitione premissa, in his scriptis excom-
municationis sententia auctoritate Apostolica supradicta
innodamus, ac penam duorum millium ducatorum supra-

BOOK I.] APPENDIX. 4/9
dictam incurrere et incurrisse similiter declaramus. Ceterum
cum ad executionem premissorum, et per preinsertas literas
nobis cominissorum ulterius faciendam nequeamus quoad
presens personaliter interesse, pluribus aliis arduis in Roman.
Curia legitime prepediti negotiis ; universis et singulis
Dominis, Abbatibus, Prioribus, Prepositis, Decanis, Archi-
diaconis, Cantoribus, Thesaurai-iis, Scolasticis, Sacristis,
custodibus tam Cathedralium etiam Metropolitan, quam
Collegiatarum Ecclesiarum, Canonicis, Parrochialiumque
Ecclesiarum Rectoribus, seu locatenen. eorundem, Plebanis,
Viceplebanis, Archipresbyteris, Vicariis Perpetuis, Capel-
lanis, Curatis, Altaristis, Presbyteris, ceterisque viris Eccle-
siasticis, cum cura et sine cura, secularibus, et quorumvis
ordinum regularibus, in quibuscunque dignitatibus, gradibus,
vel officiis constitutis, ac Notariis et Tabellionibus publi
cis quibuscunque, per universum Scotie Regnum ac alias
ubilibet constitutis, et eorum quemlibet in solidum, super
ulterior! executione dicti mandati Apostolici atque nostri
facienda, auctoritate Apostolica supradicta tenore presen
tium plenarie committimus vices nostras, donee eas ad nos
specialiter et expresse duxerimus revocandas : Quos nos
etiam et eorum quemlibet in solidum eisdem auctoritate et
tenore requirimus et monemus, primo, secundo, tertio et
peremptorie, communiter vel divisim, eisque nichilominus
et eorum cuilibet in virtute sancte obedientie, et sub excom-
municationis pena, quam in eos et eorum quemlibet, nisi
fecerint que mandavimus, ferimus, in his scriptis districte
precipiendo mandantes, quatinus infra sex dies post presen-
tationem seu notificationem presentium, ac requisitionem
pro parte prefati illustrissimi Domini, Domini Jacobi, et
pro tempore existentis Scotorum Regis, ac modernorum et
pro tempore existentium Presidentis et Senatorum Collegii
hujusmodi, aut alicujus eorum, eis seu eorum alteri desuper
factas, immediate sequentes ; quos dies ipsis et eorum
cuilibet pro omni dilatione terminoque peremtorio ac moni
tione canonica assignamus ; ita tamen quod in his exequen-
dis alter eorum alterum non expectet, nee unus pro alio,
seu per alium se excuset : Ad vos omnes et singulos su-
pradictos, personasque et loca alia de quibus, ubi, quando,
et quotiens opus fuerit, personaliter accedant seu accedat,
et prefatas literas Apostolicas, ac omnia et singula in ois

480 APPENDIX. [BOOK I.
contenta vobis omnibus et singulis supradictis communiter
vel divisim legant, intiment, insinuent, et fideliter publicare
procurent, seu legat, intimet, insinuet, et fideliter publicare
procuret ; ac illustrissimo Domino Jacobo, et pro tempore
existenti Scotorum Regi, necnon modernis et pro tempore
existentibus dicti Collegii Presidenti et Senatoribus supra
dictis, super premissis et in preinseriis literis contentis, effi
cacis defensionis presidio assistentes, easdem preinsertas
literas, et in eis contenta omnia et singula, quantum in eis
est vel fuerit, firmiter observari ; ac singulos quos dicte pre
inserte litere quomodolibet concernunt, illis pacifice et quiete
frui et gaudere faciant : Non permittentes eos per quoscun
que, contra earundem literarum tenorem, quomodolibet nio-
lestari, inquietari, seu perturbari ; Contradictores quoslibet
et rebelles per censuras et penas Ecclesiasticas, ac etiam
pecuniarias, eorum arbitrio moderandas, et alia opportuna
juris remedia, appellatione postposita compescendo; aclegi-
timis super his habendis servatis processibus, censuras et
penas ipsas iteratis vicibus aggravando ; invocato etiam ad
hoc, si opus fuerit, auxilio brachii secularis. Et NICHIL-
OMINUS, si forsan aliqui, quos supradictum tangit negocium,
seu tangere poterit quomodolibet in futurum, mandatis et
monitionibus ac inhibitionibus nostris hujusmodi parere et
obedire recusarent, seu differrent, vel negligerent contuma-
citer adimplere ; ex tunc prefatum serenissimum et illustris-
simum Dominum, Dominum Jacobum, et pro tempore exis-
tentem Scotorum Regem, eeterosque Principes et Nobiles
quoscunque in toto Scotie Regno, et alias ubilibet, jurisdic-
tionem temporalem et ordinariam quomodolibet exercentes,
eorumque locatenentes, et ipsorum quemlibet, tanquam reli-
gionis et fidei Christiane participes, et etiam defensores, ex
parte Domini nostri Pape requirimus, et ex nostra auctori
tate rogamus ; quatinus ipsi et eorum quilibet, si et prout
requisiti fuerint, seu alter eorum fuerit requisitus, pro parte
dictorum Dominorum modernorum et pro tempore existen-
tium Presidentis et Senatorum Collegii hujusmodi, vel alicu-
jus eorum, per se vel alium, seu alios, ut veri Catholici, sui
in hac parte officii dexteram extendentes, infra sex dies post
presentationem seu notificationem predictarum literarum
Apostolicarum, et requisitionem eis seu eorum alteri ut pre-
mittitur factas, immediate sequentes ; quoscunque in pre-

BOOK I.] APPENDIX. 481
missis contradictores et rebelles et eorum quemlibet, prout
culpabiles fuerint, qui sic judicium et censuram Ecclesiasti-
cam oontempserint, per captionem et detentionem bonorum
suorum, mobilium et immobilium, in ipsorum jurisdictione
consistentium primo ; et deinde per ipsorum captionem, et
quemcunque alium modum canonicum, qui eisdem Dominis
temporalibus et ipsorum Officiariis videbitur expedire, aucto
ritate nostra, ymmo verius Apostolica, compellant, videlicet
manu forti, absque tamen gravi lesione corporum eorundem,
usque ad integram paritionem omnium et singulorum in pre
inseriis literis et presenti nostro processu contentorum ; et
alias ipsos inobedientes et rebelles et eorum quemlibet as-
tringant ipsorum potentia brachii secularis, donee ad obedi-
entiam sancte matris Ecclesie devenerint, et processibus nos
tris antedictis paruerint, beneficium quoque absolutionis a
predictis sententiis, censuris et penis meruerint obtinere : Et
generaliter, dicti Subdelegati nostri omnia et singula nobis
in hac parte commissa plenarie exequantur, juxta predicta
rum literarum Apostolicarum et presentis nostri processus
vim, formam et tenorem : Ita tamen quod ipsi, vel quicun
que alius seu alii, nichil in prejudicium dictorum illustrissimi
Domini Jacobi et pro tempore existentis Scotorum Regis,
ac Presidentis et Senatorum Collegii hujusmodi valeant at
temptare quomodolibet in premissis, neque in processibus
per nos habitis, aut sententiis per nos latis absolvendo vel
suspendendo aliquid immutare : In ceteris autem que eisdem
pro tempore existen. Scotorum Regi, ac Presidenti et Sena-
toribus predictis, vel eorum alteri in premissis nocere pos-
sent, vel quomodolibet obesse, prefatis Subdelegatis nostris,
et quibuscunque aliis potestatem omnimodam denegamus.
Et si contingat nos super premissis in aliquo procedere, de
quo nobis potestatem omnimodam reservamus, non intendi-
mus propterea commissionem nostram hujusmodi in aliquo
revocare, nisi de revocatione ipsa expressam in literis feceri-
mus mentionem. Per processum autem nostrum hujusmodi,
nolumus nee intendimus nostris in aliquo prejudicare Col-
legis, quo minus ipsi vel eorum alter, servato tamen hoc
nostro processu, in hujusmodi negotio procedere valeant,
prout eis vel eorum alteri visum fuerit expedire ; prefatas-
que literas Apostolicas et hunc nostrum processum ac omnia
et singula hujusmodi negotium tangentia, volumus penes
31

482 APPENDIX. [book I.
dictos pro tempore existentes Scotorum Reges, ac Presi-
dentem et Senatores, vel eorum Procuratores remanere;
et non per vos aut aliquem vestrum, seu quemcunque alium,
ipsis invitis, et contra eorum voluntatem quomodolibet de-
tineri : Contrarium vero facientes prefatis nostris senten
tiis, prout in his scriptis per nos late sunt, ipso facto volu
mus subjacere: Mandamus tamen copiam fieri de premissis
earn petentibus et habere debentibus, petentium quidem
sumptibus et expensis. Absolutionem vero omnium et
singulorum, qui prefatas nostras sententias aut earum ali-
quam incurrerint seu incurrerit quoquomodo, nobis vel
superiori nostro tantummodo reservamus. In QUORUM om
nium et singulorum fidem et testimonium premissorum,
presentes literas sive presens publicum processus instrumen-
tum exinde fieri, et per Notarium publicum Archivii Roman.
Curie scriptorem infrascriptum subscribi mandavimus, sigil-
lique dicti Archivii jussimus et fecimus appensione com-
muniri. Dat. et act. Rome, in edibus nostre solite resi-
dentie, anno a nativitate Domini millesimo quingentesimo
trigesimo quinto, indictione octava, die vero ultima mensis
Martii, Pontificatus sanctissimi in Christo patris et Domini
nostri, Domini Pauli divina providentia Pape tertii, anno
primo : presentibus ibidem discretis viris, Dominis Martino
Jordan et Roderico Urrunno, Notariis Dertosen. et Cala-
gurritan. Dioces. Testibus ad premissa vocatis atque rogatis.
Et ego Didacus de Avila, Archivii Bom. Cur. scriptor,
quia premissis omnibus presens fui, ideo hoc publicum
processus instrumentum subscripsi et publicavi, rogatus
et requisitus.1
Item, p. 117- See the tenor of Forfeiture against Matthew
Earl of Lennox in the Appendix to the " Epistolse Regum
Scotiae,1' vol. ii. p. 333, where the readers will have the op
portunity to observe, that that Parliament was nothing else
but a Meeting of the Lords of Articles, or of some such like
Committee of Parliament. Bishop Leslie makes mention of
such another meeting in the summer of the year 1556 ; and
he acknowledges it obtained, for the rarity of the thing I
1 This and the two preceding papers are taken from the Originals in the
Laigh Parliament-House. — [Then the depository of the Public Records.
See p. lxxii. of the Biographical Sketch in this volume. — E.]

BOOK I.] APPENDIX. 483
suppose, the name of Comitia currentia, that is to say, a Diet
of Parliament continued. Read in the following line here,
p. 117- These things fell out in the month of August 1545,
(not 1544).
Item, p. 137. See an authentick account of the Queen
Dowager's reception in Mr Strype's Annals, vol. ii. p. 284,
285. Item, p. 158. By Buchanan's authority I had placed the
riot on St Giles's Day, under the year 1558 : but the fol
lowing authentick voucher will afford us better information.
23d Septemberl556. — The quhilk day, in presens of the then
Provest, Baillies, and Counsale, Mr Alexander Forrest pro-
vest of the kirk of Foirdy,1 in name of my Lord Archbischop
of Sanctandrois, &c. presentit ane wryting of the Quenis
Grace, subscryvit with her Grace's hand, havand hir Grace's
signet, and desyrit the samyn to be registrat, and the effect
thairof to be obeyit : Of the quhilk the tenor followis — " Pro-
vest, Baillies, and Counsale of Edinburgh, we greit zou weill :
Forsamekle as we ar informit that thair is certane odious
ballets and rymes laithe sett furth be sum evill inclinit per
sonis of zour town, quha hes alsua tane doun diversis imagis,2
and comtempnandlie brokin the samyn, quhilk is ane thing
verray sclanderous to the Peple, and contrarious to the
Ordinancis and Statutis of haly Kirk ; and it is givin us to
understand that the Maikaris of the said Misordour ar all
Indwellaris and Inhabitaris of zour said Town : Quhairfoir
we chairge zou that incontinent efter the Sicht heirof ze
diligentlie inquire, serche, and seik for thair Names, and de-
lyver thame in Write to our Cusing the Archbischop of Sanct
androis, to be usit conforme to the Statutis of the Kirk ; as
suring zou, giff zou do not zour extrem Devoir thairin to
bring the samyn to Lycht, that ze salbe na utherwayis este-
mit be us nor as Favoraris and Mainteinaris of sic Personis,
and sail underly the samyn Punischment that thai aucht to
sustene, in cais we gett Knawledge heirof be3 zou. Sub-
1 [The proper name of this church is not ascertained. — E.]
3 By a representation in name of the Archbishop of St Andrews to the
Town-Council the day before, they were the images of the Trinity, of our
Lady, and of St Francis.
3 Without.

484 APPENDIX. [book I.
scryvit with our Hand and under our Signet at Aberdene1
the xxi day of September 1556."2
Item, p. 160. By the authority of Bishop Leslie I was led
to place the Negotiation and Indenture of Peace there men
tioned, some time after the advancement of the Queen Dow
ager to the Regency ; but by inspecting Bishop Nicolson's
Border- Laws, we are assured this Indenture was made on the
4th day of December in the year 1553. The Indenture is
there set down at full length ; and by looking it over, the
complaint contained, p. 68, &c. Appendix, will be still the
better understood.
Item, p. 161. It was in the month of June (not July) 1555,
that the Queen Regent held a Parliament : see the printed
Acts. And that her Highness went thereafter into the
southern shires to hold Justiciary Courts, is confirmed by
the Act of Privy Council, 23d June 1555, p. 71, Appendix,
contrary to what Mr Strype seems to say of the year 1554.
However, it may not be improper to set down here the
shreds of two letters which that gentleman gives, from the
Lord Conyers to the Earl of Shrewsbury. The one is 19th
July — " So far as I can learn, the Scotch Queen doth greatly
desire that justice be ministred on the Borders. And, for
the more appearance thereof, sithence her repair to Jed-
worth,3 I do well understand, that she hath called before her
divers of the most and greatest faulters both of Tividale and
the March, and doth punish them in ward : So that by mine
intelligence I cannot wit that she meaneth any thing at this
time towards these pieces, saving only the administration of
her laws, and the pacifying the deadly feuds which are
among divers surnames of her Borders." The other letter
is 28th July — " That the Scotch Queen departed from Jed-
worth the 13th instant, and came the same night into Kelsay,4
and the next day to Hume Castle ; and so along the Borders
1 As this ascertains the time of the Queen Regent's progress to the
north parts, so it quite confounds Buchanan's story of the Queen being
present at the time of the riot.
a Register of the Town-Council of Edinburgh. And nota, There is
nothing resembling this outrage to be seen at all in this register under the
year 1558.
3 [The royal burgh of Jedburgh, also called Jedworth. — E.]
4 [Kelso.— E.]

BOOK I.] APPENDIX. 485
into Langton, Haymouth, Donbarr,1 and Addington : And
that she had travailed very earnestly to bring her subjects
into amity and love one with another ; and took, of divers
surnames, pledges for the observing and keeping of good
rules, as of the Carrs, the Scots,2 with divers others. And
that for the redress of these marches between him (the Lord
Conyers) and the Wardens of Scotland, he was well an
swered, and as to equity and justice appertained ; and as
good delivery made on both parts as had been done in a
great while before."
Item, p. 164, Bishop Leslie gives authority for both the
Treaties mentioned on this page, viz. in the year 1556 and
1557 ; and Mr Buchanan likewise speaks of the latter : Yet
of neither of the two is there the least vestige in Rymer's
"Foedera," or the "Border-Laws," only in the "Foedera" there
is a safe conduct by the King and Queen of England, for Sir
Robert Carnegie of Kinnaird to come into England as am
bassador from the Queen of Scots, of the date the 10th day
of February 1557 (i. e. 1556-7). Nevertheless this is no
decisive mark that no such Treaties ever were ; forasmuch as
in the " Foedera" there is no notice taken at all of the Inden
ture set down by Bishop Nicolson, anno 1553. Note. In
the middle of this page should be placed on the margin,
anno 1557.
Item, p. 165. By an act of the Town-Council of Edinburgh,
10th April 1557, I see the Lords are said to have been as
sembled in a Convention at Edinburgh the last day of March,
at which time they had appointed a taxation of L. 60,000 to
be uplifted for defraying the expences of the Nobility who
shall happen to go into France to the solemnization of the
intended marriage between the Queen and the Dauphin of
France, and the other necessary charges to be expended on
that occasion ; L.10,000 of which taxation the Town-Coun
cil, in whose hands was lodged in those days the assessment
of the other burrows, appoints to be taken from the several
burghs of the kingdom. It would appear, however, that the
foresaid sum of L.60,000 has not been deemed sufficient for
clearing all the charges of the Queen's marriage, ambassa
dors, &c, and therefore on the 14th of December following
1 [Eyemouth and Dunbar.— E.] 2 [Kerrs and Scotts— E.]

486 APPENDIX. [book I.
an additional taxation of L.15,000 has been judged neces
sary likewise to be uplifted. See p. 460, Appendix.
Item, p. 166. Copies of the same Instruments are likewise
to be seen in the printed Collections of the Treaties, &c.
Ibid, in place of a gift of gold, means only any other valu
able gift which Princes are pleased sometimes to bestow on
publick ministers.
Item, p. 207- This paper was taken from Mr Knox's octavo
book, but see the subscription in the late edition, 1732.
Item, p. 213, &c. For a larger illustration of this part of
the History, the readers may be pleased to take the follow
ing Records from the Town-Council of Edinburgh.
12th Julij 1559. — The quhilk day, Mr Jhone Spens, David
Forrestar, and James Curie, baillies of the burgh of Edin
burgh ; James Carmichael, James Barroun, William Law-
son, Andro Sklatter, Thomas Thomsoun and  Zoung,
of the Counsall of the said burgh, Mr James Lindesay The-
saurar, with ane certaine of the Deikynnis, and ane gryt
part of the communitie of the samyn, being convenit within
thair Tolbuith for ressoning upon the causis of thair com
moun weill, comperit befoir thame ane nobill and mychtie
Lord, Patrik Lord Ruthven, Jhone Sandelands of Calder
zoungar, direct frome the Lordis of the Congregatioun to
the Baillies, Counsall and communitie foirsaid, and desyrit
of thame to be harde to declair sic thingis as wes gevin
thame in commissioun be the saidis Lordis ; of the quhilk
the tenour followis : — " Beluffit Brethering, we think ze ar
not ignorant quhat hes movit my Lordis of this present Con
gregatioun to convene within this Burgh at this tyme ; and
in cais ze be, thair Lordschipis, be quhome we ar direct to
zou, hes gevin us ane speciale charge and command to de
clair and oppyn to zou the samyn ; that is, to mak it knawn
to zou, and every ane of zou, that thai pretend na sic thing
as the commoun brute is, tuiching the inobediance of the
Prynce, or usurping of hiear Powars,1 bot that thai ar onlie
convenit for the awanciement and furthsetting of Godis
Glore, according to the trew and pure Evangell, and thair-
1 Compare this profession with their deposing the Queen-Regent in
October following.

BOOK I.] APPENDIX. 487
with evir mening the dew obediance of the Princes to be
mentenit be thame, thair bodye and gudis, at thair liter
powars : Requering alswa the samyn of zou, and that zou
will adjoine zou with thame unfenziet, as thai sail with zou,
to the furthsetting of Godis trew Worde and dew obediance
of the Prince, as said is ; and that ze will heir plainlie, and
in all tymes cummyng, tak upon zou the mantenance and
defence of the samyn ; and swa mony of zou as will glaidly
consent heirto, to bynd and obleis zou, be uphalding of zour
handis, and to send thame zour names in writt."
29th Julij 1559. — The quhilk day, in presens of the Pro-
vest, Baillies, ane part of the Counsall, Dekynnis, and ane
greit number of the communitie, comperit the nobill and
mythty Lordis, viz. James Duke of Catelheraulte, Erie
of Arrane, &c.  Erie Huntlie, &c. and Jhone Lord
Erskein, and declairit, That anent the appointment maid
betwix thame as Commissionaris for our Soverane Lady
Queine Marie Dowriar and Regent of this Realm, and the
Lordis of the Congregatioun, the  day of Julij instant,
it wes appointit and contenit thairin that the town of Edin
burgh sould without compulsion uis and cheis quhat religioun
and maner thairof thai pleisit to the tent day of Januar nixt
to cum, swa that every man may have fredome of his con
science unto the said day. For satefeing of the quhilk
artikle, it wes the Quenis Grace's will that the inhabitantis
of the burgh wer convenit, and every ane to be examined
quhat religioun he wald be of, and that religioun to be
mainteneid to the said day that the greitast number con
sents to ; and desyrit the communitie present, quhider thai
wald voit severallie, or remit the samyn to the voitis of the
Provest, Baillies, Counsall, and Dekynnis, as hes bein usit in
ordour taking of civill causis befor. And thairefter com
perit Adame Foullertoun, for himself and in name and be
half of the haill Brethir of the Congregatioun within this
town, being personallie present, and presentit to the saidis
Lordis the Supplicatioun efter following; and the samyn
being red and considerit be thame, desyrit the Supplicatioun
to be insertit in thair bukis, of the quhilk the tenour fol
lowis : — " My Lordis, unto zour Lordschipis humlie meinis and
schawis the faytfuU Brethren of the Congregatioun within

488 APPENDIX. [book I.
Edinburgh, indwellaris thairof, That quhairas we ar informit
zour Lordschipis ar heir convenit, of mynd and purpois
to tak every mannis voit quhat religioun he will be, and
quhair the ministratioun thairof salbe usit : And we for
our partis knawand the religioun quhilk we have presentlie
to be of God, and conforme to his Word ; and on the uther
part knawand the Mess and the Papis haill religioun to be
without the Word of God, altogether superstitious, dampnable
idolatrie, and of the devill, can nocht consent for oure
partis that Godis treuthe, and that our religioun now esta-
blischit conforme to his Worde, salbe subject to voiting of
man, as gif the maist part of men allowit it nocht, it sould
be rejectit ; for it is na new thing, bot mair nor notour that
fra the begynnyng of the wyd warld to this day, and evin now
in all countries, townis, and whair the maist part of men hes
ever beine aganis God and his House, at the leist hes not
plainlie embraced the samyn.1 Secoundlie, Anent the place
we say that in the appointment maid betwix zoure Lordschipis
and the Lordis of the Congregatioun, it is in speciall provydit
that oure prechers sail nocht be molestit nor troublit, nor
zitt thair ministeris, nor that the said Congregatioun sail
nocht be troublit in thair gudis, bodyis, landis, or posses
sionis quhatsumever, unto the tent day of Januare ; but swa
it is that we the Congregatioun of this town, the tyme of
the making of the said appointment lang of befor, and con-
tinewlie sensyne wer in possessioun, lyk as we ar zit, of the
hie Kirk of this town callit Sainct Geillis Kirk, have and oure
commoun prayeris, preiching of the Word, and the ministra
tioun of the Sacramentis, and haill uther ministerie thairin
till bot2 interruptioun, and thairfor aucht and sould to possess
the samyn unto the said day bot ony voiting, controversie
and troubill, and swa can na way consent to submit that to
voiting quhilk the saidis Lordis left us possest in, and swa
in effect zoure Lordschipis of zour Honours can nocht suffer
us to be trublit in oure maner of religioun, nor zit in the
place of ministratioun thairof quhilk we peciabillie possess,
mekill less troubill us zourselfis, be compelling of us upoun
the thingis quhilkis we have ellis bot contraversie, as said is,

1 By this it would appear the retainers to the old religion had been
most numerous as yet within the town of Edinburgh. 3 [Without. — E.]

BOOK I.J APPENDIX. 489
without ze will plainlie contravene the said appoyntment ;
beseikand zour Lordschipis that ze will have regarde to the
said appoyntment, and to zour awin honouris : And seing
that we can na way consent to ony voiting in the caisis foir
saidis, except we will, by the appoyntment ellis maid, mak
new transaetioun, or be oure awin consent putt the thingis
in doubt quhilkis be the said appoyntment ar to us fre ; and
in respect that we can on nawayis do the samyn without the
saidis Lordis of Congregatioun wer heir present to consent
thairto, that zour Lordschipis will mantene and defend, at
the leist nocht troubill nor suffer us to be troublit, in oure
maner of religioun and place of ministratioun quhilk we now
possess, and possest the tyme of the making of the said ap
poyntment : Protesting heir in zour presens befoir God, gif
ze do in the contrare, and submit the samyn to voiting, the
voiting of the wikkit (as for us we aucht nocht, nor can-
nocht consent thairto, nor voit thairintill), that ze do us
plane wrang and injurie, and plainlie contravenis zour said
appoyntment ; besyde the opponying of zourselfis to God
and his treuth, quhilk we surelie and stedfastlie beleif he
will nocht leiff sudainlie unrevengit ; and zour Lordschipis
answer humelie we beseik." Quhilk Supplicatioun being
opinlie red, the saidis Lordis declarit that thai wald com-
pell na man to do1 by his conscience, nor do ony thing that
mycht contravene the said appoyntment ; and thairupoun
askit instrumentis.
29th Julijl559. — The quhilk day, in presens of the Baillies,
Counsall, Dekynnis, and communitie foirsaid, my Lord Pro-
vest declarit, That all the commoun questionis and causis of
this burgh were in tymes past referrit to the decisioun of
the Counsall, as for the Merchantis and Dekynnis, as for the
Craftis respective ; and in cais the mater proponit be the
Lordis, contenit in the Act above- wry ttin, come to voiting,
desyrit the said auld ordour to be observit thairin : Pro-
testand alwayis, in cais novation wer inbrocht, and that
the haill communitie voitit thairin, that the samyn wer
nocht imputt to him, and that he wer nocht accusit be the
authoritie as negligent in his office thairanent.
1 Beside, contrary to.

490 APPENDIX. [BOOK I.
Item, p. 232. The Credit, or Commission which was in
trusted by the Queen-Regent to be declared to the Nobility,
&c. by the Lyon-Herauld, is taken from Mr Knox, who, I
make little doubt, has curtailed the same, and framed it so
as to serve his own purposes : And had this Credit been
contained in as few words as this author relates it, the
Regent might have easily inserted the whole of it in her
letter, without any unbecoming prolixity. I do, therefore,
recommend to my readers not to satisfy themselves with
this account of the Credit, but to look into that which Arch
bishop Spottiswood narrates ; which, as it is much more
distinct in answering to each point of complaint for the
Congregationers, so it has all the air of ingenuity, and
seems fully to answer the character of that wise and worthy
Princess. And since this Prelate has adjected something
in the MS. of his History, written, as far as I can guess by
comparing, with his own hand, concerning the deposition of
the Queen-Regent, which immediately followed the" preced
ing message by the Lyon-Herauld, I judge it not amiss to
be here inserted. " This," says the Archbishop, " was a
business wherein preachers ought not to have medled. And
when their judgments were asked, lawfully they might have
excused themselves ; which had been the wiser part in them,
and furnished the adversaries less occasion of slandering
true religion. Also the inference they make is upon grounds
most untrue, and the examples they bring do noway fit
the purpose. That the power of magistrates is limited by
the Word of God, and their office in ruling their subjects
prescribed by the same, none will deny : But that subjects
may deprive Princes from their authority when either they
offend, or that it seemeth to them they do so, is directly
contrary both to Scripture and reason ; God having re
served the punishment of sovereign Princes to himself, and
no where granted the people power over them. The example
of Asa is quite misalledged, for he was King of Judah, and
in possession of the crown. And Maacha, though in nature
his mother, was in condition his subject, and might lawfully
be put from the authority or dignity which by his favour
she enjoyed, when she fell to the erecting and worshipping
of idols. The allegation of Jehu his fact serveth them as
little ; for that which he did was by God's commandment,

BOOK I.] APPENDIX. 4f)l
who may take and give kingdoms as He will : But no man
nor men may do it, and to believe or- practise otherwise, is
utterly against the religion of Christ."1 These are the precise
words of the MS. which by all the marks appears to be the
very same which Bishop Burnet, "History of the Reformation,"
vol. iii. p. 285, says belonged once to himself, and was pre
sented by him to the Duke of Lauderdale. There is indeed
a score drawn over the first four lines, ending at the words
is upon grounds,2 and there is a correction on the margin in
a very wretched hand ; but the correction is not at all what
we have in the print, nor am I able to read it, so vilely is it
written. And yet I must acknowledge that several places
of the print are done after corrections made by the same
bad writer, which I am there enabled to read by the help of
1 [The observations of Archbishop Spottiswoode on the pretended and
most rebellious deposition of the Queen Regent by the self-styled " Congre
gation," as quoted by Bishop Keith in this part of his Appendix from the
original, in the Primate's handwriting, are worthy of notice, and prove that
the printed folio edition of the Archbishop's " History of the Church and
State of Scotland" is full of interpolations — a fact which the Editor of
this * History" discovered after a careful perusal. The following is the
version of Archbishop Spottiswoode's reflections or observations on the ille
gal deposition of the Queen Dowager, as given in his folio " History,'' which
is set forth to be the fourth edition, corrected, London, 1677, p. 137, and
the passage occurs after the reported speeches of John Knox and John
Willox. The reader may contrast the quotation with that in the text. —
"It had been better and wiser in these preachers [Knox and Willox] 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, nor had it
any warrant in the Word of God ; for howbeit the power of the Magis
trates be limited, and their office prescribed by God, and that they may
likewise fall into great offences, yet it is nowhere 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 en-
samples they alleged, 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. — E.]
2 [Our Historian means the first four limes of his folio. The words occur
in the sixth line of the quotation from Archbishop Spottiswoode in the
preceding page. — E.]

492 APPENDIX. [book I.
the print. I have been at pains to get into my custody
several samples of Archbishop Spottiswood's hand-writing,
which is very fair and neat, and as far as I can guess by the
resemblance, this MS. of his History is written by himself;
but most certainly the corrections on the margin are by
another hand. I cannot therefore justify Bishop Burnet,
(otherwise my blood-relation^) in the narration he gives of
this fact in the place referred to ; and I shall be ready to
afford any person ocular inspection into the truth of what I
here affirm : However the space of forty years might natur
ally deprive a man of the exact remembrance of such a
matter. Note, That the readers may not imagine this de
position of the Regent to be a sudden resolve, or that Knox
and Willocks delivered their sentiments here unforethought
and unprepared, I can assure, that I have seen a letter written
by Mr Henry Balnaves from Stirling sometime in the month
of August or September before (my memory serves me not
which), when the Lords no doubt were met in that town ; in
which letter that gentleman, after observing the disorders
in the affairs of his own faction, has this sort of expres
sion, We must get rid of this authority, meaning the royal
authority lodged in the Queen Dowager, whose Proclama
tions the generality of the subjects thought themselves
obliged to obey. A copy of this letter from the Cotton
Library I may perhaps afterwards impart to the publick.
Item, p. 237, 238. In the shattered MS. which I often
mention afterwards, are several Letters exchanged concern
ing the Peace between the Queen-Regent and Queen of Eng
land, the said Queen- Regent and Earl of Northumberland,
Lieutenant in the North of England. By a letter from the
Queen of England we learn that the young Laird of Lething
ton had been employed to negotiate the affairs of Scotland
at the English Court, before the conclusion of the treaty of
Cambray. Of this Treaty there is in the same MS. a Pro
clamation issued at Stirling on the 15th day of April 1559.
The Earl of Northumberland's letters are much filled with
complaints against the Scottish subjects, and even against
the Wardens of Scotland ; and he speaks of his having met
1 [Bishop Keith was very distantly related to Bishop Burnet, yet it was
sufficient to constitute him a " blood relation."— E.]

BOOK I.] APPENDIX. 493
with the Earl of Bothwell, Lieutenant on the Marches of
Scotland, at the Riding Burn, for settling of all differences
on either side. The Queen-Regent makes likewise com
plaints on her part ; and perhaps it was indeed no easy
matter to keep the unruly Borderers in any tolerable order.
Item, p. 249. It is certain that none of the other four
persons who had the designation of Bishops, were in their
nominal Sees at the time of the great alteration ; and it is
even a question whether any single man of them was ever
consecrated a Bishop ; the probability is greatly against them.
These were — James Hamilton, Bishop of Argile, Alexander
Campbell of Brechin, John Campbell of The Isles, and Adam
Bothwell of Orkney.1 Robert Stewart was only elect of
Caithness at the time of his brother the Earl of Lennox's
misfortune, and so was forced to quit the kingdom together
with him.
Item, p. 258. It is proper that the readers look into the
Instructions given the Commissioners who went to Berwick
at this time. They are set down by Mr Knox.
Item, p. 280. Though the character of Queen-Dowager
the Regent be sufficiently declared, yet Archbishop Spottis
wood having added somewhat to his discourse concerning
that Princess, as the same is contained in the MS. copy,
which is not to be found in the print, I insert it here for the
farther confirmation of this Queen's character. It is thus,
 Bealm, and settle the same upon good conditions in a
perfect tranquillity. " These things I have heard my father
often affirm, whose testimony deserved credit ; and have many
times received the like from an honourable and religious
lady, who had the honour to wait near her person, and often
professed to me that the Queen-Regent was much wronged
in John Knox his story. The author, whosoever he was,
for I am perswaded it was none 2 of Mr Knox his writings,
1 [Bishop Keith is here in error. Two of the Roman Catholic Prelates
conformed to the " Reformation," and are conspicuous in the " Book of
the Universall Kirk of Scotland," Parts I. and II., printed for the Baiwa-
ttub Cutb, Edinburgh, 4to. 1839. Those conforming Prelates were Alex
ander Gordon, Bishop of Galloway, and Adam Bothwell, Bishop of Orkney.
There is no doubt of their due, proper, and canonical consecration. See
" The History of the Episcopal Church of Scotland from the Reforma
tion to the Revolution." Edinburgh, 8vo. 1844, p. 56-67. — E.]
2 This good Prelate has elsewhere assigned his reasons why this book

494 APPENDIX. [book I.
in his whole discourse sheweth a bitter and hateful spite
against her, forging dishonest things," &c. as in his1 printed
History. Item. p. 145. Of those preachers Mr Petrie tells us, p.
352, that John Row had been a Friar at Rome, and was
sent, anno 1559, as Nuncio into Scotland, and that when he
saw the differences in the country, instead of agenting the
Pope's business, he turned preacher.2 John Craig was a
Dominican at Bononia in Italy, in which city chancing to
see Mr Calvin's Book of the " Institutions," he embraced the
faith delivered in them, for which he was sent to Rome,
and was there condemned to be burnt the 19th day of
August, but a tumult happening the same night by the
occasion of the death of Pope Paul IV., and the prison-doors
having been broke open, he with other prisoners made his
escape, and came into Scotland. John Dury had been a
monk in Dunfermline. John Knox he only calls a follower

could not be written by John Knox, but these reasons are now without
all controversy found to be groundless. Besides, Mr Knox's friends are
at the utmost pains to secure to him the right of his labours in penning
this work and it is surely a matter beyond all farther doubt. — [The ob
servations in this note by Bishop Keith on the authenticity of Knox's
" History" are undoubted. — E.]
1 [Viz. Archbishop Spottiswoode's " History." For the Primate's
character of the Queen Regent, see his " History," folio, London, 1677,
fourth edition, p. 146, 147.— E.]
2 [It is only fair to add, however, that the first cause of Row conform
ing to the Reformation was his witnessing a very foolish and absurd
imposture, most injudiciously practised at the chapel of our Lady of
Loretto at Musselburgh in 1559, shortly after Row returned from Rome.
The hero of this affair was the cow-herd of the Sisters of St Catherine of
Sienna, a locality now called Sciennes, on the south side of Edinburgh.
This worthy had some defect in his eyesight, which enabled him success
fully to counterfeit blindness, and a miracle was duly announced that a
man was to be restored to sight at Loretto, to confirm the truth of the
old religion. Multitudes resorted thither on the appointed day, and saw
the operation, little imagining that the cow-herd of the Sisters of the
Sciennes was the party employed to dupe them. The whole was soon
discovered, and it need scarcely be added that it did the ancient Hier
archy most serious injury. John Row was the father of John Row, fifty-
two years minister of Carnock in Fife, who was partly author of the
"History of the Kirk of Scotland" from 1558 to 1637, preserved in MS.
in the Advocates' Library, Edinburgh, and whose second son, John Row,
Principal of King's College, Aberdeen, a man of considerable learning,
was conspicuous in the troubles during the reign of Charles I. — E.]

BOOK I.] APPENDIX. 495
of Mr Wishart ; but he might have added, that he likewise
was in the Order of Priesthood, as most certainly he was ;
the instruction whereof I will have occasion afterwards to
notice. But at this distribution of the preachers, I miss
William Harlaw by occupation a taylor. However, that he
has been one of the men of renown about this time, the
following paper is an assured evidence : —
23d October 1558.1— The quhilk day, Maister Archbald
Menzies, Officiall of Nycht, beand adverteist that ane Wil
liame Harlo, tailzour, sometyme burgess of Edinburgh, wes
conduced be Alexander Steward of Garles, zoungar,2 to
preach in his Maner, and preacht allreadie this said instant
day plainlie in the fore-hall of Herbert Cuninghame within
the burgh of Dunfrese, at nine houris afore none ; the said
Officiall considering that the said Harlo had na commissioun
to mak sic preaching, bot [wes] an lauit-man,3 and against
the Actis of Parlement, past incontinent thairefter, to the
presence of the said Alexander Steward of Garles, and the
said Harlo, within the said burgh, and required him, of
quhais authoritie, and quha gaif him commissioun to preach,
he beand ane lauit-man, and the Quenis rebald, and excom
municate, and wes repelled furth of uther partis for the said
causis ? To the quhilk the said Alexander Steward answered
and said, I will avow him, and will mantain and defend him
against zou, and all uther Kirkmen that will putt at him.
Of the quhilkis the said Officiall asked frae me, Notar under-
wryttin, instrument and instrumentis : The quhilk instru
ment wes tain in the lodging-place of the said Laird of
Garles, at nine houris or thairby, before thir witnesses, Schir
Patrik Wallace, Curat of Dunfres; Schir Jhone Ireland, Per-

1 Mem. Glasg. in Colleg. Scot. Paris. F. 157, an Original.
3 Alexander Stewart of Garlies, younger, mentioned in this Act, never
came to the estate ; but having followed the party of the Regent Moray,
under the name of King James VI. against Queen Mary his mother, he was
killed with the Regent Earl of Lennox at the road [raid] of Stirling, in Sep
tember 1571, during his father Sir Alexander his time, who, as appears by
a very kind letter of his to the Archbishop of Glasgow of 10th December
1560, lived in great intimacy with that Archbishop. He was succeeded
in the estate by his grandson Sir Alexander, who was father to another
Sir Alexander, who was made by King James VI. Lord Garlies A. D.
1607, and Earl of Galloway, A. D. 1623. 3 Layman.

496 APPENDIX. [book I.
son of Rewll ; Schir Llerbert Paterson, Schir Oles Wilson,
Chaplains ; Robert Maxwell, Williame Maxwell, Herbert
Maxwell, Jhone Trude, Jhone Menzies, Mark Rewll, and
utheris diverse.
Ita est, David Mdkgee, Notarius Publicus, ad prw-
missa vocatus, manu propria.
Eodem die. — The said Officiall past to the presence of
David Cuninghame and James Rig, baillies of the burgh of
Dunfres, eftir that Schir Patrik Wallace, curat of the said
kirk had maid ane sermon into the parioch kirk of Dunfres,
for the weill and instruction of his parioehinaris, and in con-
trare the said Harlo ; and thare alledged and opponed that
the said Harlo wes excommunicate, and ane rebald at our
Soverane Lady the Quenis Grace's horn, and caption directed
to other burghs upon him for sic enormities and contemp-
tions as he hath committit against the privilege of haly Kirk
and Actis of Parlement, and requyred thame in the Quenis
name to hald him to the Quenis challance, and putt him in
suir hald : The quhilk the said Baillies refusit to do. And
upon the quhilkis the said Officiall asked instrument, quhilk
wes maid and tain in the parioch kirk of Dunfres, at elevin
houris or thairby, before thir witnesses, Williame Paterson,
Herbert Racing, Jhone Cuninghame, burgesses of the said
burgh ; Jhone Menzes, Jhone Trude, with utheris diverse.
Ita est, David Makgee, Notarius Publicus, ad prw-
missa vocatus, manu propria.
Item, p. 147. When here, and in some other places, I use
the expression lesser Barons, I think it proper to advertise
that this is only in compliance with the manner of speaking
which now prevails ; for of any distinction of greater and
lesser Barons, in our Law, there is no foundation at all, nor
in the Rolls of Parliaments.

END OF VOL. I.

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