should prefer none thereto but such as was sound in Religion and for other qualities apt and worthy That during his Regencie he should grant no respits nor remissions for hainous crimes That he should not transport the King forth of the Castle of Striveling without the advice of the Councel That he should grant no favour to the murtherers of the Kings Father and Regents That he should neither enter into league with forainers nor denounce warre without the consent of the Estates And that he should be careful to entertain the amity contracted with the Queen of England The Estates on the other part did promise to assist him with all their power against the Kings enemies and to joyn with him in the reformation of whatsoever abuses crept in by occasion of the late troubles without offending at the execution of justice upon their nearest and dearest friend Order was also taken for the entertainment of his house the setling of a resident Councel and the advancing of the revenues of the Crown to the best profit And these were the things done in that meeting Soon after came Sir Henry Killigrew Ambassadour from England partly to declare the content which the Queen had received in the choice of the Earl of Morton to be Regent and partly to renew the Abstinence which was then near the expiring Herein he prevailed so farre with the Duke and Huntley as they were brought not only to prorogate the Abstinence but also to name certain Noblemen who should meet for them at Perth with such as the Regent by advice of the Councel should nominate for concluding a perfect peace The Laird of Grange and those that remained with him in the Castle refusing to be comprehended in that treaty went on in victualling and fortifying the house for impeding whereof the Regent did levie some companies of souldiers to inclose the Castle and because the time of Parliament was approaching he caused erect Bulwarks in divers places of the street to secure the people at their meetings to Sermon and the Judges that convened to the ministration of Justice Grange finding himself thus pent up did by a Proclamation from the Castle wall command all the Queens subjects to depart forth of the town within the space of 24. hours The time expired he made the Cannon thunder upon the town to the great terrour of the Inhabitants yet there was no great hurt done that way which when he perceived he hired one of his souldiers to set fire in the night time to some houses under the wall which destroyed a number of tenements for a strong Western wind blowing in the time the fire did so rage as from S. Magdalens Chappel Westward all was consumed none daring to put hand to quench the fire because of the Canon that played still on the part where they saw any concurse of people This made him extremely hated and even they that otherwise wished him well were greatly offended with this doing The Parliament notthelesse kept and thre in divers Acts were mode partly for maintaining the Kings authority partly for preservation of true Religion which causes were held in those days so conjoyned as the enemies of the one were likewise esteemed enemies to the other Therefore was it then enacted That none should be reputed loyal and faithful subjects to the King or his authority but be punished as rebels who made not profession of true Religion And that all such as made profession thereof and yet withstood the Kings authority should be admonished by their teachers to acknowledge their offence and return to his Majesties obedience and if they refused that they should be excommunicated and cut of from the society of the Church as putrid and corrupted members The Parliament breaking up the Regent by advice of the Councel directed to the meeting at Perth the Earl of Argile then created Chancellour the Earl of Montrosse the Abbot of Dunfermlin Secretary the Lords Ruthven Boyd and Sir Iohn Ballenden Justice Clerk There met with them the Earl of Huntley and Lord Iohn Hamilton Commendatory of Aberbrothock authorised by the rest that maintained the Queens authority The English Ambassadour assisting them after some days conference they were brought to agree upon these Articles 1. That all persons comprehended in the present pacification should acknowledge and professe the true Religion established and professed within the Realm and maintain the Preachers and professours thereof against all opposers specially against the confederates of the Councel of Trent 2. That the Earl of Huntley and Lord Iohn Hamilton with their friends and followers should submit themselves to the King and to the government of the Earl of Morton his Regent and his successours in the same acknowledging themselves the Kings subjects by their oaths and subscriptions 3. That they should confesse all things done by them under colour of any other authority since the time of his Majesties Coronation to have been unlawful and of no force nor effect 4. That an Act of Parliament should be made with all their consents ordaining that none of the subjects should assist fortify supply or shew any favour directly nor indirectly to those who should happen to practise against the religion presently professed the Kings person his authority or Regent And if they should be tried to do any thing to the contrary the remissions granted to them with all other benefits of the pacification should be null and they pursued for their offences past as if they had never obtained pardon for the same 5. That all persons professing his Highnesse obedience who had been dispossessed during the late troubles should be reponed to their houses lands livings benefices and whatsoever goods belonging to them if so the same were extant in the hands of the intrometters horses and armour only excepted 6. That the Master of Forbes Iames Glen of Barre and all other persons should be set at liberty as likewise the bonds given by the Lord Semple and others for entry of prisoners or for paiment of any ransomes be discharged 7. That the Earl or Huntley and Lord Iohn Hamilton should dimit and cause all souldiers hired or maintained by them or any of their party to be forthwith dimitted 8. That all processes of forfeiture which had been led especially the sentences given against the Earl of Huntley Lord Iohn Hamilton and Lord Claud his brother William Bishop of Aberdene Alexander Bishop of Galloway Adam Gordon of Awchindown and the rest of their friendship for any crimes or offences done in the common cause against the King and his authority since the 15th of Iune 1567. or for any other cause contained in the summons of forfeiture raised against them should be declared null and of no force without any other special declaration And that the foresaid persons should have liberty given them to reduce the said forfeitures as they should please 9. That all persons then returning or who should return to the Kings obedience and
that he would not utter any thing that might work prejudice to others nor could he be induced either by perswasion or threatning to detect the persons with whom he had resorted The Commissioners offending at his obstinacy and meaning to extort a confession from him advised to keep him some nights from sleep and this indeed wrought somewhat with him so as he began to discover certain particulars but how soon he was permitted to take any rest he denied all and was as obstinate in denying as at first His Majesty being certified that without torture nothing would be drawn from him made answer That he would not have those forms used with men of his profession and if nothing could be found but that he was a Iesuit and had said Mass they should banish him the Countrey and inhibâ—t him to return without licence under pain of death Bâ—t if it should appear that he had been a practiser for the stirring up of subjects to Rebellion or did maintain the Popes transcendent power over Kings and refusâ—d to take the Oath of Allegeance they should leave him to the course of law and justice mean while his pleasure was that the questions following should be moved unto him and his answers there to required 1 Whether the Pope be Judge and hath power in spiritualibus in over his Majesty and whether that power will reach over his Majesty in tempor alibus if it be in ordine ad spiritualia as Bellarmine affirmeth 2 Whether the Pope hath power to excommunicate Kings especially such as are not of his Church as his Majesty 3 Whether the Pope hath power to depose Kings by him excommunicated and in particular whether he hath power to depose the Kings Majesty 4 Whether it be no murther to slay his Majesty being so excommunicated and deposed by the Pope 5 Whether the Pope hath power to assoile subjects from the oath of their born and native allegeance to his Majesty These Questions were sent inclosed in a Letter to the Archbishop of Glasgow who assuming to himself the Provost of the City the Principall of the Colledge and one of the Ministers as Witnesses did in their hearing read the Questions and receive his Answer which he gave under his hand as followeth I acknowledge the Pope of Rome to be Iudge unto his Majesty and to have power over him in spiritualibus and over all Christian Kings But where it is askt whether that power will reach over him in temporalibus I am not obliged to declare my opinion therein except to him that is Iudge in Controversies of Religion to wit the Pope or one having authority from him For the second point I think that the Pope hath power to excommunicate the King and where it is said that the King is not of the Popes Church I answer that all who are baptized are under the Popes power To the third where it is askt if the Pope hath power to depose the King being excommunicate I say that I am not tied to declare my minde except to him that is Iudge in controversies of Religion To the fourth and fifth I answer ut supra Being reasoned with a long time and the danger exponed wherein he did cast himself by maintaining such treasonable opinions he answered That he would not change his minde for any danger that could befall him and speaking of the Oath of Allegeance that it was a damnable Oath and treason against God to swear it Some daies being allowed him to bethink himself better of these points When as no advice could prevail and answers were sent to his Majesty subscribed by himself and therewith a testification of such as were present at the giving thereof Hereupon the Councell was commanded to passe a Commission to the Provost and Bayliffs of Glasgow for putting him to a triall there were assisting Iames Marquis of Hamilton Robert Earl of Lothian William Lord Sanqhar Iohn Lord Fleming and Robert Lord Boyd Some daies before he was brought to the Barre it was told him That he was not to be charged with saying of Masse nor anything that concerned his profession but only with the Answers made to the Questions proponed which if he should recall there being yet place to repentance the triall should be suspended till his Majesty were of new advertised His reply was That he did so little minde to recall any thing he had spoken as when he should be brought to his answer he should put a bonnet on it And this indeed he performed for when he was placed on pannell and the Indictment read which was grounded all upon the Acts of Parliament made against those that declined his Majesties authority or maintained any other Jurisdiction within the Realm and upon answer made to the above-written demands subscribed with his hand he brake forth in these speeches Under protestation that I doe no way acknowledge this judgment nor receive you that are named in that Commission for my Judges I deny any point laid against me to be treason for if it were treason it would be such in all places and all Kingdomes which you know not to be so As to your Acts of Parliament they were made by a number of partiall men and of matters not subject to their forum or judicatory for which I will not give a rotten figge And where I am said to be an enemy to the Kings authority I know not what authority he hath but what he received from his predecessors who acknowledged the Pope of Rome his jurisdiction If the King will be to me as his predecessors were to mine I will obey and acknowledge him for my King but if he doe otherwise and play the runnagate from God as he and you all doe I will not acknowledge him more then this old hat At these words being interrupted and commanded to speak more reverently of his Majesty he said That he should take the advertisement and not offend but the judgment he would not acknowledge And for the reverence I doe you to stand uncovered I let you know it is ad redemptionem vexationis not ad agnitionem Iudicii The persons cited upon the Jury being then called and he desired to shew if he would except against them said That he had but one exception against them all which was that either they were enemies to his cause or friends if enemies they could not sit upon his triall and if friends they ought to assist him at the Bar. Only he should wish the Gentlemen to consider well what they did and that he could not be judged by them That whatsoever he suffered was by way of injury and not of judgement and that he was accused of treason but had not committed any offence nor could he beg mercy And proceeding in this strain I am said he a subject as free as the King is a King I came by commandement of my Superior into this kingdome and if I were even now forth of it
in preparing his apparel Mean while the Ambassadours had a watchword given them not to see nor salute him And such of the Nobility as were known to bear him any favour or out of their compassion did vouchsafe him a visit were frowned upon by the Court His Father advertised of these things sent for him to come unto Glasgow where he then remained but scarce was he past a mile from Striveling when a vehement pain seised on all the parts of his body which at his coming to Glasgow was manifestly perceived to proceed of poison that treacherously had been ministred unto him for through all his body brake out blisters of a blewish colour with such a dolour and vexation in all his parts as nothing but death was a long time expected Yet his youth and natural strength vanquishing the force of the poison he began a little to convalesce and put his enemies to other shifts wherein shortly after but to their own undoing they prevailed The report of what passed at Striveling coming to Edinburgh where the Assembly of the Church was then gathered did greatly offend the better sort yet nothing grieved them so much as a Commission granted to the Archbishop of S. Andrews whereby he was reponed to his ancient jurisdiction in confirming Testaments giving collation to Benefices and other such things as were judged in the spiritual Courts The Assembly taking this greatly to heart ordained a supplication to be made to the Nobility and Lords of secret Councel professing Christ with them and who had renounced the Romane Antichrist I use the words of the superscription for impeding the said Commission and letting it to take effect In this supplication they said That the causes judged in these Courts did for the most part pertain to the true Church and that howsoever in hope of some good effect to have followed the Church had overseen the Commission granted by the Queen in these matters to men who for the greater number were of their own profession they would never be content that he whom they knew to be an enemy to Christ and his truth should exerce that jurisdiction seeing under the colour thereof he might usurp again his own authority and take upon him the judgement of heresie in which case none could be ignorant what his sentence could be wherefore their desire was the Queen should be informed that this was a violation of the laws of the Realm and the setting up again of the Romane Antichrist whose authority and usurped power in an open and free Parliament had been condemned which her Majesty also at her first arriving into this Realm and since that time by divers Proclamations had expressely forbidden to be acknowledged here of they said if their honours should plainly and boldly admonish the Queen using that reverence which was due from Subjects and doing nothing in a tumult they did perswade themselves she would do nothing against Justice and that such Tyrants should not dare once to appear in Judgement But howsoever matters went they humbly craved to understand their minds and what they would do if it should happen such wolfes to invade the flock of Christ. This the summe of the supplication I find not what answer it received nor that the Bishop made any use of his Commission but the change it seems which shortly after happened in the State did quite frustrate the same Master Knox being licenced at this time to visit his sons who were following their studies at Cambridge did move the Assembly to write unto the Bishops of England in favour of some Preachers who were troubled for not conforming themselves to the Orders of that Church Because it will appear by the letter in what esteem our reformers did hold the Church of England and how farre they were from accounting the government thereof Antichristian I thought meet to insert the same word by word The Superintendents Ministers and Commissioners of the Church within the Realm of Scotland to their Brethren the Bishops and Pastors of England who have renounced the Romane Antichrist and do professe with them the Lord Iesus in sincerity wish the increase of the holy Spirit BY word and writing it is come to our knowledge Reverend Pastors that divers of our brethren amongst whom some be of the best learned within that Realm are deprived from all Ecclesiastical function and forbidden to preach and so by you are stayed to promove the Kingdome of Iesus Christ because their conscience will not suffer them to take upon them at the commandment of the authority such garments as Idolaters in time of blindness have used in their idolatrous service which rumour cannot but be most dolorous to our hearts considering the sentence of the Apostle If ye bite and devour one another take heed ye be not consumed one of another We purpose not at the present to enter into the Question which we hear is agitated with greater vehemencie by either party then well liketh us to wit whether such apparel is to be accounted amongst things indifferent or not But in the bowels of Iesus Christ we crave that Christian charity may so far prevail with you that are the Pastors and guides of Christs flock in that Realm as ye do not to others that which ye would not others did unto you Ye cannot be ignorant how tender a thing Conscience is and all that have knowledge are not alike perswaded your conscience stirres not with the wearing of such things but many thousands both godly and learned are otherwise perswaded whose consciences are continually stricken with these sentences What hath Christ to do with Belial what fellowship is there betwixt light and darknesse If Surplice Corner-cap and Tippet have been the badges of Idolaters in the very act of their Idolatry what have the Preachers of Christian liberty and the rebukers of superstition to do with the dregges of that Romane beast yea what is he that ought not to fear either to take in his hand or forehead the print and mark of that odious beast Our brethren that refuse such unprofitable apparel do neither damne nor molest you who use such vain trifles if ye shall do the like to them we doubt not therein you shall please God and comfort the hearts of many which are wounded with the extremity used against those godly brethren Colour of Rhetorick or humane perswasion we use none but charitably we desire you to call to mind the sentence of S. Peter Feed the flock of God which is committed to your charge caring for it not by constraint but willingly not as being Lords of Gods heritage but being examples to the flock We further desire you to meditate upon that sentence of the Apostle Give not offence either to the Iewes or to the Grecians or to the Church of God In what condition ye and we both travel for the promoving of Christs Kingdom ye are not ignorant therefore we are the more bold to exhort you to
to direct letters to the Earls of Argile Huntley Cathnes Rothes Crafourd and Menteith The Lords Boyd Drummond Hervis Catheart Yester Fleming Levingston Seaton Glammis Ochiltrie Gray Oliphant Methven Innermaith and Sommervaile and to the Commendators of Aberbrothock Kilwining Dunfermling St Cobuke Newbottle and Halyrudhouse who did either assist the advese party or then behaved themselves as Newters To procure the greater respect to these Letters Iohn Knox Mr. Iohn Douglas Mr. Iohn Row and Mr. Iohn Craig were chosen Commissioners and had instructions given them to this purpose That Satan by his instruments had of long time and by many subtile ways laboured to hinder the progresse of true Religion within this Realm and that now the same was in hazard to be utterly subverted chiefly through the poverty of the Ministers that ought to preach the word of life unto the people some being compelled to leave their vocation and betake them to civil callings others so distracted through worldly cares as they could not wait upon the preaching of the word so diligently as they wished In consideration whereof the Assembly of the Church being convened at Edinburgh had thought it necessary to prorogue their meeting to the 20. of Iuly and to intreat and admonish all persons truly professing the Lord Iesus within the Realm as well Noblemen as Barons and those of the other estates to meet and give their personal appearance at Edinburgh the said day for giving their advice councel and concurrence in matters then to be proponed especially for purging the Realm of Popery the establishing of the policy of the Church and restoring the Patrimony thereof to the just possessors Assuring those that should absent themselves at the time due and lawful advertisement being made that they should be reputed hinderers of the good work intended and as dissimulate professors be esteemed unworthy of the fellowship of Christs flock considering chiefly that God in his mercy had offered a better occasion for effecting these things then in times past and that he had begun to tread downe Satan under foot This they were willed to speak and by all faire perswasions to move them to keep the day and place appointed The missive letters were for the most part to the same effect but in these besides the provision of the Ministers I find the poor and indigent members of Christ also mentioned and somewhat said concerning an union to be made amongst the professors and such a conjunction as might make them able to withstand the craft and violence of their enemies But neither did the letters nor the credit given to the Commissioners prevaile with those to whom they went all almost excusing themselves some by word others by letter and saying That in regard of the present division caused by the Queens imprisonment and that the Town of Edinburgh where they were required to meet was straitly kept by a part of the Nobility and some hired souldiers they could not come to the place appointed without trouble and danger of their lives Notthelesse they did assure the Church of their willingnesse to every thing that might serve to advance the Gospel and further the provision of the Ministers for the better and more diligent attendance on their callings The Earl of Argile did answer more particularly and touching the policy desired that no novations nor alterations should be made before a generall meeting of the Estates In like sort the Lord Boyd did by his answer promise to bold hand to the forthsetting of the Policy but with an exception so farre as it might stand with law Yet had both the one and other ratified the book of Policy by their subscriptions long before and made no scruple either of law or custome at that time The Noblemen that remained at Edinburgh perceiving they could not be drawn to a meeting resolved to prosecute their purpose at all hazards and joyning with the Assembly condescended to all the Artticles proponed for the good of the Church and made great promises of performance howbeit having once attained their ends they did forget all and turned adversaries to the Church in the same things whereunto they had consented Always the Articles agreed unto were as followeth 1. That the Acts made in the Parliament holden at Edinburgh the twenty fourth of August 1560. touching Religion and the abolishing of the Popes authority should be extracted forth of the Registers and have the force of a publick law and that the said Parliament in so farre as concerning Religion should be maintained and defended by them as a Parliament lawful and holden by sufficient commission from the Queen then being in France and be ratified in the first Parliament which should happen to be kept within the Realm 2. That untill perfect order might be taken for restoring the Patrimony of the Church the Act of assignation of the thirds of Benefices for the sustentation of the Ministery should be put in due execution 3. That an Act of Councell made with consent of her Majesty touching the conferring of small Benefices within the value of 300. marks to Ministers should be put in practice as likewise the Act for annualls obits and aulterages especially within Burghes 4. That in the first lawfull Parliament which should be kept or sooner if occasion might serve the Church of Christ within this Kingdome should be fully restored unto the Patrimony belonging to the same and nothing be past in Parliament before that and other matters of the Church were first considered and approved In the mean while the Noblemen Barons and other Professors then present did willingly offer and consent to reform themselves in the matter of the Church patrimony according to the Book of God and to put the same in practice for their own parts ordaining the refusers and contraveners of the same to be secluded from all benefits of the Church It was further agreed That in the next Parliament or otherwise at the first occasion order should be taken for the ease of the labourers of the ground in the payment of their Tithes and that the same should not be disponed to any others without their advice and consent 5. That none should be permitted to beare charge in Schooles Colledges and Universities nor allowed publickly or privately to instruct the youth except such as should first be tried by the Superintendents and Visitours of the Church who being found meet should be admitted by them to their charges 6. That all crimes and offences committed against the Law of God should be severely punished according to the Word of God and Judges deputed for execution thereof or if there be no lawes as yet made nor Judges appointed for the punishment of such crimes that the same should be done in the first Parliament 7. That seeing the horrible murther of the King her Majesties husband is a crime most odious before God and tending to the perpetuall shame and infamy of the whole Realm if the same should not be
of the Kings faction to undertake the charge he resolved to accept the same and in a convention of Noblemen and others of the Estates kept at Edinburgh the 20. of August was elected Regent with a great applause of all that were present The same day was his Election published and charge given to all the subjects for acknowledging and obeying him as Regent and Governour of the Realm unto the Kings majority THE HISTORY of the CHURCH OF SCOTLAND THE FIFTH BOOK The Contents How matters passed in the State and Church during the Government of the four Regents his Maiestie being yet minor BOthwell after his flight at Carberry having stayed a few dayes in the Fort of Dumbar for that he feared to be inclosed made to the Sea with two or three ships which he had prepared and went into Orkney his purpose was to have remained in the Castle of Kirkwall and if any did pursue him to take himself to the ships but the keeper Gilbert Balfour would not receive him so as he was forced to return to Sea and there playing the Pirate made spoil of all that came in his way The Regent advertised of this sent William Kirkealdy of Grange with five ships well maned to pursue him who coming upon him unlooked for as he lay in one of the creeks of Orkney gave him the chase and had certainly taken him if they had not been hindered by rocks and shallow waters The Unicorn one of Granges best ships was cast away upon a rock Bothwell with his that were not of such a burthen escaping Shortly after he was taken upon the Coast of Norway and conveighed to Denmark where being detected by some Scottish Merchants he was put in a vile and loathsome prison and falling in a frensie which kept him some ten years made an ignominious and desperate end such as his wicked and flagitious life had deserved Grange at his return had the Castle of Edinburgh committed to his keeping which a little before was sold by Sir Iames Balfour to the Regent for the summe of 5000. pounds and the gift of the Priory of Pittinweeme At the same time Patrick Whitlaw keeper of Dumbar Castle being charged to render the same did at the perswasion of his friends yield up the fort which otherwise was held impregnable The Lords who were convened at Hamilton perceiving how matters went and that all things grew strong on the Regents side upon a new deliberation did write unto him and the rest that stood for the Kings authority desiring a conference and offering to send the Earl of Argile with some others to any place they would for meeting But because in the superscription they gave not the Regent his due title stiling him only Earl of Murray the letter was rejected by the Councell and the messenger dimitted without answer Argile knowing what had given the offence resolved to go unto the Regent and taking with him the Lord Boyde and the Abbot of Killwining came to Edinburgh There it being declared that the election of the Regent was not made upon any contempt or misregard of the Noblemen who were absent but upon necessity to keep the Realm in order it was agreed that a Parliament should be called for setling all affairs by advice and consent of the Estates and that the same should be kept at Edinburgh the 15. day of December next When the Diet appointed for Parliament came it was kept with such a frequency as the like was not remembred to have been seen a long time The honours accustomed of Crown Scepter and Sword were carried by the Earls of Angus Huntley and Argile and every thing done with the greatest shew of solemnity that could be used Beginning was made at the affairs of the Church and divers Acts concluded in their favours as an Act abolishing the Pope his jurisdiction and usurped authority within the Realm another for repealing the Statutes made in former times for maintenance of idolatry and superstition with the ratifying of the confession of faith and some others which may be seen in the first Parliament of King Iames the sixth The matter of policie and jurisdiction of the Church was referred to the consideration of certain Lords delegated by the Estates but for the restitution of the patrimony which was promised to be the first work of the Parliament though the Regent did what he could to have the Church possessed with the same it could not be obtained Only the thirds of Benefices were granted to the Church for provision of the Ministers the superplus or what should be found remaining after the Ministers were provided being applied to the support of the publick affairs of the Estate Touching the Queen a long consultation was held what course should be taken with her some urged that she should be arraigned and punished according to the law Others reasoned that whatsoever authority was in the Kingdom was derived from her and was revocable at her pleasure so as she could not be arraigned or brought to trial before any inferiour Judge and when it was replyed that the Scots from the very beginning of the Kingdom had been in use to censure and punish their Kings in case of grievous crimes the greater number disliking that course it was concluded that she should be detained and kept in perpetual prison Some ten days after in an Assembly of the Church the Bishop of Orkney was convened for joyning the Queen and Bothwel in marriage and deposed from his function and office The Countess of Argile being cited to appear before the same Assembly for assisting the Baptisme of the King and giving her presence at the Papistical rites then used did submit her self to censure and was ordained to make publick satisfaction in the Chappel of Striveling where the offence was committed upon a Sunday after Sermon in such manner and at such time as the Superintendent of Lothian should appoint In the moneth of Ianuary Iohn Hepburn called Bolton Iohn Hay younger of Tallow and two Chamberboyes of Bothwels powrie and Dalgleish were brought to trial for the Kings murther and found guilty by their own confessions The summe whereof was that they were enticed unto that wicked fact by Bothwel who did assure them that most of the Noblemen within the Realm had consented thereto and that a contract was shewed them subscribed by the Earls of Argile Huntley young Lethington and others but whether these subscriptions were the Noblemens own or counterfeit they could not tell They further said that Bothwel made them believe that the Lords who had subscrived would each of them have one or two of their servants present at the murther yet were they but eight persons in all besides Bothwel himself that came unto the place Namely Sir Iames Balfour the Laird of Ormeston in Teviotdale Robert Ormeston his Cousen one Wilson a man of Hadington and the four who were then to suffer The sentence upon their conviction
the Queen their Kings mother Therefore willed him and his associates to consider what hurt and danger they should draw upon themselves by accusing her in such a publick form not onely with those of her own Nation that loved the Queen but also with other Christian Princes especially with her cousins in France and what could they answer unto the King when he being of ripe years should esteem that manner of doing dishonorable to himself his mother and whole Kingdom They notwithstanding went on and presented their answer conceived in the terms following The King Henry father to their soveraign Lord the King now reigning being horribly murthered in his bed Iames sometimes Earl of Bothwell who was known to be the chief Author thereof entered in such credit with the Queen then their Soveraign as within two moneths after the murther committed he openly attempted a rape of her person and carried her to Dumbar Castle where he did keep her as captive a certain space causing a divorce to be led betwixt him and his lawfull wife and upon the conclusion thereof did suddenly accomplish a pretended marriage with the Queea which insolent proceedings together with the shamefull report that passed in all Nations of the Kings murther as if the whole Nobility had been alike culpable thereof so moved the hearts of a good number of them as they thought nothing could be performed more honourable to themselves in the sight of all the world then by punishing the said Earl who had committed the murther to free themselves of the vile reports spread every where to set the Queen at liberty from the bondage of that traitour who had so presumptuously interprised the rape and marriage of her whose lawfull husband he could not be and to preserve the innocent person of the King from the hands of him that had murthered his father For which purpose they taking arms when the said Earl came against them with forces leading in his company the Queen to defend his wickednesse they offered for sparing the blood of innocent men to decide the quarrell in a single combate whereof himself by Cartell and Proclamation and sundry times made offer But after many shifts he in end directly refused the same and the Queen prefering his impunity to her own honour that he might have leasure to escape came willingly to the Noblemen that were in Arms and conferred with them a certain space after which they conveyed her to Edinburgh informing her of the true causes that moved them to that form of dealing did humbly intreat her Majesty to suffer the said Earl and others the King her husbands murtherers to be punished according to the laws and the ptetended marriage wherein she was rashly entered to be dissolved as well for her own honour as for the safety of her son and quietnesse of the Realm and Subjects But having received no other answer but rigerous threats against the Noblemen and she avouching to be revenged upon all those that had shown themselves in that cause they were driven by necessity to sequestrate her person for a season from the company of Bothwell and the keeping of any intelligence with him untill punishment might be taken of him as murtherer of the King her husband In the mean time she finding her self wearied with the troubles of government and perceiving by things that had passed before that time betwixt her and the people that neither could she well allow of their doings nor they like of her forms upon these and other consirations she voluntarily resigned her Kingdome and transferred the same unto her son appointing the Earl of Murray who was at that time absent forth of the Realme to be Regent during her sonnes minority and in case of the said Earles decease or not acceptance of the said Office divers other Noblemen whose names are expressed in the Commissions signed by her self and sealed with the seals of the Kingdom The King hereupon being duely rightly and orderly crowned and anointed and the Earl of Murray after his return lawfully placed and admitted Regent all those things were ratified and confirmed by the three Estates of Parliament most of these that had withdrawn themselves from his authority being present and giving their consent to the same Notthelesfe when as matters were thus established and the Kings authority univerâ—ally obeyed without contradiction certain persons envying the publick quietnesse had by their subtile practices first brought the Queen out of Lochlevin and afterwards by open force against their promised fidelity gone about to subvert the government received wherein as they were proceeding it pleased God to disappoint their interprise and give unto the King and those who stood for his authority a notable victory unpon the 13. day of May last Wherefore their desire was that the King and the Regent might peaceably rule and govern the subjects according to the authority they had received of God and that the same might be conserved and established against the factions of turbulent subjects The Commissioners of the Queen of Scots having seen this answer made a long and particular reply to all the points thereof wherein adhering to their former protestation first they said That the pretext of taking arms against the Queen because Bothwell the authour of her husbands murther was in such favour with her could not warrant their rebellion fith it never was made known to the Queen that he was the murtherer But to the contrary Bothwell being indited and orderly summoned to underly the triall of Law he was by the judgement of his Peers absolved and the same absolution ratified by the authority of Parliament where the principalls that now accuse him and had withdrawn themselves from her Majesties obedience were present and not onely consented to his purgation but solicited the Queen to take him to her husband as the man most worthy to bear rule of any other in all the Realm giving their bonds to defend him against all that should pursue him for the said crime as their subscriptions would testifie And so neither before the marriage with Bothwell nor after did they or any of them which had been the dutie of true subjects so much as in words utter their dislike of it or advertise her Majesty of the suspicions that were taken of him untill they had drawn the keeper of the Castle of Edinburgh and the Provost of the town to their faction Then secretly putting themselves in arms they suddenly under silence of night invironed the Castle of Borthwick where her Majesty remained and after she had escaped to Dumbar levied an army under pretence to defend the Queen wherewith invading her person in the way berwixt Dumbar and Edinburgh they did take her Majesty captive And where they alledge that her Majesty preferring the impunity of Bothwell to her own honour made him to be conveighed safely away The same was most untrue for they themselves sent the Laird of Grange to her Majesty desiring her to cause Bothwell
Declaration thereafter published did in a Synod holden at S. Andrews raise a new stirre calling a number of Barons Gentlemen and Ministers together as to a Synod Mr. Iames Melvil his Cousen made the exhortation in which after a bitter Invective against the devisers of the foresaid Acts he admonished the Assembly to censure him that was known to have had a chief hand therein meaning the Bishop The exhortation ended Mr. Robert Wilkie Professour of Philosophy in S. Leonards was chosen Moderator and their doctrine as their manner was being approved it was proponed that according to the admonition given them they should proceed in censuring the Bishop The opinions were divers some holding it dangerous and doubting what might be the consequence of it others inquiring if he was cired to the Diet a third sort more zealous then the rest cried out that it was the cause of God in which no man ought to forecast or fear any danger and that a citation needed not where the iniquiry was so manifest or if that was thought necessary that he might be warned to the next Session being then in the City This course was held most formal and so was he ordained to be cired In the afternoon he compeired and protesting that he did not acknowledge that Iudicatory desired to understand what they could charge him with that he might justifie himself They misregarding the Protestation did accuse him of devising the Statutes made in the year 1584. of penning the Declaration published thereafter by his Majesty of traducing the brethren that fled into England in the time of his Ambassage and a number the like To this the Bishop repeating his protestation answered That the Statutes were not of his devising but when they were proponed he gave his opinion that they were good and lawful Acts and therein had served his conscience the very second Act of that Parliament being an express confirmation of Popery in so farre as by it the dignity and authority of the three Estates was ordained to stand unaltered according to the ancient custome of the Realm This said they is a ratifying of the Episcopal jurisdiction according as it was in time of Popery The Bishop replied That the Bishops were not by themselves an estate but they represented in a part the estate of the Church which was ever reputed the first estate of the Realm since the Kingdome became Chiristian and that in the Act alledged no jurisdiction was established howbeit for the Episcopal power there was enough to be said if the time and place were fitting But if they had no further to say he would leave them putting them again in mind that they were not his Iudges and that these were matters too high for subjects to meddle in At last perceiving they would proceed with their censures he appealed to his Majesty the Councel and three Estates of the Realm or any other lawful Assembly convened by his Majesty and so departed When he was gone they entered into consultation what to do many were of the judgment that after appellation there could be no proceeding others though that the appellation was not to be regarded The matter being put to voices it was concludeded only by two voices more that he should presently be excommunicated The Moderator by his place was to pronounce the sentence but he refused albeit he was no friend to the Bishop at that time nor would any other of the Assembly take on them to do it In end when all were dissolving and a great part gone forth out of the Schools for the Assembly was kept in S. Leonards a yong fellow named Mr. Andrew Hunter willed them to stay professed that he was warned by the Spirit to pronounce the sentence and so ascending the chair he read the same out of the book a few only remaining as witnesses This scornful and disorderly proceeding was the next day required in a form nothing better Two of the Bishops servants going to the Church at the time of prayer caused one Mr. Samuel Cunningham Cousen to the Bishop go unto the Readers seat and pronounce the same sentence against Mr. Andrew and Mr. Iames Melvil and some others of the Ministers of Fife who had been most eager and forward against the Bishop The Appellation was sent by the Bishop to the King wherein first he excepted against the Synod as being unlawfully convened Next against their unjust proceedings The first he proved saying That convention was expresse against the Statutes of Parliament and neither convocated by his Majesties letters nor by the Bishop of the Dioces moderated by a Laick person that had no imposition of hands made up of a company of Barons Gentlemen Masters of Schools and Colledges who bare no function in the Church and ought not to have any suffrage in Ecclesiastick Assemblies and no sufficient number of Ministers assisting who though they had been present by the Apostles rule were subject ot the Bishops censure and he not to theirs The injustice of their proceeding he qualified first by their citation which neither contained a lawful cause nor did allow him a reasonable time for his appearing 2. That at his compeiring which was under protestation that he did in no sort acknowledge that judicatory they accused him for defending his Majesties authority in matters Ecclesiastick and for his consent given to the Statutes made in Parliament 1584. which were the lawes of the King and three Estates which they ought not to take on them to condemn 3. That they transgressed the order set down in their own Assemblies which appoints admonitions and prayers to be used for persons before the sentence be pronounced 4. That the conclusion they took to excommunicate passed not with consent of those who were present and was carried only by the voices of two ignorant Ministers 5. That the Moderator of the pretended Synod refusing to pronounce the sentence one Hunter servant to Mr. Andrew Melvil had taken on him to do the same alledging he was moved thereto by the Spirit of God which was a conceipt of the Anabaptists and ought to be severely punished And 6. That Ministers in their Synods were they never so lawfully convened may not excommunicate any person without consent of the Church whereof he is a member Saint Paul on whose example they grounded their excommunications not presuming by himself to cast forth the incestuous man but writing to the Church of Corinth that when they were convened together they should do the same In end he intreated his Majesty whom it specially concerned to take cognition of their unruly and tumultuous proceeding and to consider how dangerous a thing it was to put the spiritual sword in the hands of such men who might possibly attempt the like against his Majesties self others of the Councel When the King heard of this business he was greatly commoved yet because the Diet of the Assembly was approaching he thought best to continue the
them in their houses Notthelesse the town of Dundy where he abode forbare not to hear his Sermons and minister unto him all necessities Mean while they who had combined for working a Reformation did send into all parts of the Realm to solicit persons to joyn in that cause and purchase the subscriptions of those that were willing unto a bond which was framed to that effect Some moved with a zeal to Religion others out of a desire to change and the greatest part longing to be relieved of the oppressions of the Churchmen were easily moved to consent So when they understood by the return of the subscriptions that the countrey for the most part was inclined that way and that in force and power they were nothing inferiour to their adversaries they resolved to begin and make an end of the work yet lest they should seem to contemn authority they concluded to present a supplication to the Queen Regent and Councel to whom the redresse of all enormities both Ecclesiastical and Civil did orderly belong these were the words of the Supplication and to this effect made choice of Sir Iames Sandelands of Calder an honourable Baron and of great accompt to present the Petitions following 1. That their Ministers might be permitted in conceiving of publick prayers and the administration of the Sacraments to use the vulgar language understood by the people 2. That the Sacrament of the Supper might be ministred in both kinds according to our Saviours institution 3. That the election of Ministers should be according to the manner used in the primitive Church that those who had the charge of election should enquire diligently of the life and doctrine of such as were admitted 4. That seeing by corruption of time ignorant and scandalous persons had been promoved to Ecclesiastical offices they should after trial be discharged and other more sufficient put in their places These Petitions were no way pleasing to the Queen Regent yet because the Parliament was approaching wherein the matrimonial Crown and naturalization of the French were to be passed she thought best to keep them in hope saying That all they could lawfully desire should be granted unto them mean while they were licenciated to use their prayers and service in the vulgar language providing they did keep no publick assemblies in Edinburgh or Leth for eschewing of tumults The Prelates having notice of this were highly incensed and when their consent was required for the same Petitions were presented to them carrying themselves more imperiously then before answered that they would not depart a jot from the decrees of Trent Afterwards being a little calmed they made offer to commit the cause to dispute which by those of the Congregation this was the title given commonly to the Reformers was accepted upon two conditions one that the controversies in Religion might be decided by the Scripture the other condition was that such of their brethren as were exiled or condemned might assist the dispute and have safe conduct given them to that effect But both the conditions were denied for neither would they admit any other Judge but the Canon Law and Councel nor would they dispense with any sentence by them pronounced Some of them that affected quietnesse propounded other conditions of reconcilement That if the Congregation would suffer the Masse to be held in the wonted reverence if they would acknowledge Purgatory confesse the invocation of Saints and admit prayers for the dead they should be allowed to pray and administrate the Sacraments in a known language But those conditions were held so ridiculous and absurd as they were not vouchsafed any answer Soon after this the Parliament being assembled the Articles following were prepresented to Queen Regent 1. That in regard the controversies in Religion which had a long time continued betwixt the Protestants in Germany and the Romane Church were not as yet decided by a lawful general Councel and that they themselves upon the same grounds could not any longer communicate with Papists in their idolatrous religion The humble desire of the Congregation was that all such acts of Parliament as warranted Churchmen to proceed against hereticks might be abrogated or at least suspended till in a lawful general Councel the controversies depending were determined 2. And lest it should hereby seem that they desired a liberty to professe what they pleased they humbly required that all such might be led before the temporal Judge the Prelates and their officers being only permitted to accuse with this proviso that an authentick Copy of the accusation should be delivered to the person accused and a competent term assigned him to answer 3. That all lawful defences should be received from persons accused of heresie and they allowed to accept against the witnesses according to law 4. That the party accused should have liberty to expone his own mind and that his Declaration might carry more faith then the deposition of whatsoever witnesses forasmuch as no person ought to suffer for Religion who is not known to be obstinate in his wicked opinions 5. That none of their profession should be condemned for heresie unlesse they were first convinced by the word of God to have erred from the faith which the holy Spirit witnesseth to be necessary to salvation The Queen receiving the Articles answered in effect as before That it was not safe for her to utter her mind at that time which if she should do the spiritual Estate would not fail to oppose her in all businesse But how soon the publick matters were passed they should know what a good mind she bare unto them Howbeit this answer did no way content the wiser sort yet knowing that the Articles would not passe in an Act if she should disassent they resolved to surcease from presenting them to the Estates onely desired they might be permitted to make a Protestation which they did in this sort It is not unknown to this honourable Parliament what controversie is of late arisen betwixt those that will be called Prelates and Rulers of the Church and a great number of us the Nobility and Commonalty of this Realme for the true worshipping of God the duty of Ministers and the right administration of the holy Sacraments And how we have complained to the Queen Regent that our consciences are burthened with unprofitable ceremonies and we compelled to endure many idolatrous abuses that such as take upon them offices Ecclesiastical do perform no part of the duty which is required of true Ministers and that we and our brethren are most injustly oppressed by their usurped authority As also we suppose it to be sufficiently known to your Honours that we were of minde this present Parliament to seek redresse of these enormities but considering the troubles of the time do not suffer such a reformation as we by the warrant of Gods word do require we are enforced to delay that which of all things most earnestly
we desire and yet lest our silence should give our adversaries occasion to think that we repent us of our former intentions we cannot cease to protest for remedy against that injust Tyranny which heretofore patiently we have sustained Therefore first we protest that seeing we cannot obtain just reformation according to Gods word that it may be lawfull to us to use our selves in matters of religion and conscience as we must answer unto God untill such time as our adversaries be able to prove themselves the true Ministers of Christs Church and purge themselves of such crimes as we have already laid to their charge offering our selves to prove the same whensoever the sacred Authority shall please to give us audience Secondly we protest that neither we nor any other of the godly that please to joyn with us in the true faith which is grounded upon the word of God shall incurre any danger of life or lands or other political paines for not observing such acts as have passed heretofore in favour of our adversaries or for violating such rites as have been invented by man without the Commandment of God We thirdly protest that if any tumult or uprore shall arise amongst the members of the Realme for the diversity of religion and if it shall chance that abuses be violently reformed the crime be not imputed to us who now do most humbly seek that all things may be reformed by order But that whatsoever inconvenience shall happen to ensue for lack of timely redresse the same may be imputed to those that will not as now hearken to our petitions for reformation And last we protest that these our requests proceeding from conscience do tend to no other end but onely to the reformation of abuses in religion most humbly beseeching the sacred Authority to think of us as faithful and obedient subjects and take us in their protection keeping that indifferency which becometh Gods Lieutenants to use towards those that in his name do call for defence against cruel oppressors and blood-thirsty tyrants These protestations made in face of Parliament were desired to be insert in the books of publick records but Queen Regent answering that she should remember what was protested and put a good end to all things the desire was rejected Yet how soon the Parliament brake up and all matters in it went to her contentment it was observed that her countenance was quite altered upon those that favoured the Reformation and often she was heard say That being now freed of the vexations which most troubled her minde she would labour to restore the authority by some notable example to that reverend esteem which in the late times it had lost whereby divers did apprehend that a tempest was breeding albeit the same did not break forth untill the next spring At which time taking up the names of all the Ministers in the countrey she caused summon them to appear at Striveling the tenth of May. Hereupon the Earl of Glencarn and Sir Hugh Cambel Sheriffe of Aire were sent to enquire the reason of that citation and to entreat her not to molest the Ministers unlesse they could be charged with preaching false doctrine or behaving themselves disorderly The Queen in passion replied That maugre their hearts and all that would take part with them these Ministers should be banished Scotland though they preached as soundly as ever S. Paul did The Noblemen marvelling what should move her to such passion besought her in humble manner to think of the promises she had made to them from time to time Hereat growing into a greater choler she said That the promises of Princes should be no further strained then it seemed to them convenient to perform Then said they if this be the conclusion which you have taken that you will keep no promises to the Subjects we cannot any longer acknowledge your authority and will henceforth renounce all obedience to you what inconveniences may arise of this you may bethink your selfe This unexpected answer calming the Queen a little after a few moe words she said that she would think how to remedy these evils in the best and most quiet sort The same day at night advertisement was brought to the Queen of the reformation begun in the town of Perth wherewith she was much disturbed and calling the Lord Ruthven commanded him to go and suppresse these novations he answering That he should make their bodies and goods subject but had no power over their mindes and consciences she was so commoved that she avowed to make both him and them repent what they had done The Diet appointed for the appearing of the Ministers at Striveling drawing nigh the Professors in all parts of the countrey prepared to accompany them In the parts of Angus and Mernis such was the zeal of people as none would stay at home all professing to go and yield confession of their faith with their Ministers The Queen advertised of this concourse of people from all parts employed Iohn Areskin of Dun to cause them return home promising that the Diet should desert and nothing to be done to the prejudice of the Ministers This he signified by letters to the principals of the Congregation advising them to dismisse the multitude But they suspecting as it also came to passe that some advantage should be taken of the Ministers not appearing at the day resolved to make the Commons return to their houses The Barons and Gentlemen staying at Perth in the mean while with the Preachers when the day appointed came notwithstanding of the promises made the Preachers not appearing were denounced Rebels The Laird of Dun offending herewith departed from Court and coming to Perth excused himself of the advice he had given declaring that they were not to expect any favour and that they should do wisely to provide against the worst Whilest these things passed Iohn Knox returned from Geneva unto Scotland and joyning with the Congregation did preach to them at Perth In his Sermon he took occasion to speak against the adoration of Images shewed that the same tended to God his dishonour and that such Idols and monuments of superstition as were erected in Churches ought to be pulled down as being offensive to good and godly people The Sermon ended and the better sort gone to dinner a Priest rather to try mens affections then out of any devotion prepared to say Masse opening a great case wherein was the history of divers Saints exquisitly carved A young boy that stood by saying that such boldnesse was unsufferable the Priest gave him a blow The boy in anger casting a stone at the Priest happened to break one of the pictures whereupon stirre was presently raised some of the common sort falling upon the Priest others running to the Altar and breaking the images so as in a moment all was pulled down in the Church that carried any mark of idolatry The people upon the noise there of
sufficiently warranted fell to gather the voices of such as were present who all uniformly consented to her deprivation So by an Act and Decree of Councell wherein were reckoned out all the enormities alledged to have been committed by Queen Regent namely the pursuing of the Barons and Burgesses of the Realm with open hostility no proces nor order of law being first used nor they called and convict of any crime in lawful judgement The thrusting in of Magistrates upon people within Burghes against their liking and without any order of election The inbringing of forainers into the Realm without the advice and counsel of the Nobility The laying of Garisons in some Towns to the oppression of peaceable subjects The coyning of base money to the impoverishing of the country The placing of a stranger in one of the greatest offices within the Realm as the office of Chancellary which she had conferred to Monsieur Rubie a French man The sending of the great Seal forth of the Realm against the advice of the Councel The altering of the Lawes and Customes of the Realm especially in graces and pardons granted to the Lieges and the obstinate refusing of the Nobility and Barons their request when they sought redress of these evils they in name and by the authority of their Soveraigns did suspend the Commission granted to Queen Regent discharging her of all authority untill the next Parliament that should be called by their advice and consent Prohibiting likewise the officers and others serving her under colour of the said authority to exerce their offices from henceforth and to coyn either gold or silver without express consent of the Councel and Nobility conform to the lawes of the Realm This Act ordained to be published in all the head Burghes of the Kingdom was subscribed in this manner By us the Nobility and Commons of the Protestants of the Church of Scotland Assoon as this Act was by found of Trumpet proclaimed the Herald whom they had detained two dayes was dismissed with an answer conceived in this form By the letters and instructions you have sent by the Herald unto us we take up how ill you are set against God his truth the liberty of this our native countrey and the common good of all To defend these as in duty we are bound we in the name of our Soveraign Lord and Lady suspend your Commission and all administration publick which you thereby may pretend as being assured that your proceedings are direct contrary to their mindes which we know are inclined to the weal and common good of the countrey And seeing you refuse us who are natural born subjects of the Realm to be your Counsellors we will no longer acknowledge you for our Regent and lawful Magistrate considering the authority if any you have committed unto you by our Soveraignes is for most just and weighty reasons suspended by us in their name whose Counsellors we are by birth in these matters chiefly that concern the safety of the Commonwealth And howbeit we have determined with the hazard of our lives to set that Town at liberty wherein you have most injustly planted your mercenary souldiers and strangers yet for the reverence we bear unto you as being the mother of our Queen we earnestly beseech you to depart thence at this time when we constrained by publick necessity are by force of Armes to recover it We further request you to bring forth of the Town with your self all that carry themselves as Ambassadours and are come unto the countrey either for taking up of controversies or assisting the government of publick affaires within the space of twenty four houres and to cause the Captains Lieutenants and souldiers whose blood we would gladly spare because of the old amity and friendship betwixt us and the Realm of France which the marriage of our Soveraign Lady to that King ought rather to encrease then diminish to remove themselves within the same space This letter was subscribed By all the Nobility and Barons present the twenty third of October 1559. The 25. day of the same moneth was the Town summoned and all the Scots and French men of whatsoever state and degree commanded to leave the same within the space of 12. houres This denied and defiance given on both sides there followed some light skirmishings without any great slaughter The Lords had resolved to enter the Town by scalade and were preparing ladders for that use which being dressed in S. Giles Church did impede the ordinary meetings to Sermon and Prayer to the great offence to the Preachers who in their Sermons did sharply reprove that intermission of religious exercises foretelling that the enterprise could have no good successe which brought with it in the beginning such a neglect of God his service And so indeed it proved for upon the sudden they became so terrified as not only was that purpose of the scalade broken but very nigh they were to have utterly forsaken the cause The Duke grew fearful by the falling away of some to the Queen the souldiers mutinied in default of their pay they found their most secret counsels also disclosed and had lately intercepted letters with a servant of Iames Balfour as he was going to Leh giving intelligence of all their purposes These things with some others more did cast them in a great diffidence one of another But such as were of better courage taking counsel how to remedy those evils made it their first care to content the souldiers And because there was no way to do this but by present money it was devised that a collection should be made amongst the Lords and Barons by whom some being unprovided others nigardly disposed the summe could not be made up which was required Thereupon it was agreed that every Nobleman should give his silver plate to be coyned for supply of the present necessity But when that came to be done the irons and instruments of the Minthouse could not be found This failing their only hope of relief was from England and that they considered could not come in due time whereupon they resolved to use their private credit with Sir Ralph Sadler and Sir Iames Crofts who had the charge of the Town of Barwick and borrow of them some moneys In this businesse Sir Iohn Cockburn of Ormston was employed whose journey was not so closely carried but the Queen had notice both of it and his errand Thereupon she dealeth with the Earl of Bothwell to lie in Ormston his way and surprise him with the money at his return The Earl had but a few dayes before sworn solemnly to be no enemy to the Lords and had given hopes to joyn with them so as no danger was suspected from him yet not regarding his oath he came upon the Gentleman at unawares and after some wounds given him took him prisoner and robbed him of four thousand Crowns which he had received in loan The rumour hereof coming to the Lords the Earl
who formerly had given it to others The first thing they moved in the Articles was a supplication of the Barons Gentlemen Burgesses and other subjects concerning religion wherein three things were petitioned First that the Doctrine of the Romane Church professed and tyrannously maintained by the Clergy should be condemned and by Act of Parliament abolished Some particulars they named such as the Doctrine of Transubstantiation the adoration of Christs body under the form of bread the merit of works Papisticall Indulgences Purgatory Pilgrimage and praying to Saints departed These they reckoned to be pestilent errours such as could not but bring damnation to the souls of those who were therewith infected therefore desired a punishment to be appointed for the teachers and maintainers of such Doctrines Next that a remedy should be found against the profaning of the holy Sacraments by men of that profession and the true Discipline of the ancient Church revived and restored Thirdly that the Pope of Rome his usurped authority should be discharged and the patrimony of the Church imployed to the sustentation of the Ministery the provision of Schools and intertainment of the poore of a long time neglected This last clause was not very pleasing to divers of the Nobility who though they liked well to have the Pope his authority and doctrine condemned had no will to quit the Church Patrimony wherewith in that stirring time they had possessed themselves So making no answer to the last point the Ministers were desired to draw into severall heads the summe of the Doctrine they craved to be established that the same might be seen and considered by the Parliament This accordingly was done and the fourth day after which was the 17. of August exhibited to the Estates under this title The confession of the Faith and Doctrine believed and professed by the Protestants of Scotland It is the same confession word by word that you have registred in the first Parliament of King Iames the sixth which that the story may on with an uninterrupted delivery I thought not needfull here to insert The Confession read in open Parliament and put to voyces the Earle of Atholl the Lords Sommervill and Bothwick onely of all the temporall Estate disassented saying They would believe as their fathers before them had believed The Popish Prelats were silent and answered nothing whereupon the Earle Marshall brake forth into these speeches It is long since I carried some favour unto the truth and was somewhat jealous of the Romane religion but this day hath fully resolved me of the truth of the one and falshood of the other for seeing my Lords the Bishops who by their learning can and for the zeal they should have to the truth would as I suppose gainsay any thing repugnant unto it say nothing against the confession we have heard I cannot think but it is the very truth of God and the contrary of it false and deceiveable doctrine Thus was the confession of Faith approved and by publick voices of the Estates authorized At the same time there passed three other Acts in favour of the Professors one for abolishing the Popes Jurisdiction and authority within the Realm a second annulling all Statutes made in preceding times for maintenance of idolatry and a third for punishment of the sayers and hearers of Mass. With these Acts Sr. Iames Sandelands Knight of the Rhodes a Gentleman of good account who had carried himself as neuter in all these broiles was directed to France for obtaining a ratification of the same from the Queen and the King her husband and therewith was desired to clear the Noblemen and other Subjects from imputations of disloyalty cast upon them and to pacifie the mindes of their Soveraignes whom they understood to be much exasperated by all the good wayes he could use But he found his Ambassage and himself both contemned the Guisians who were the onely men then in account with the King checking him bitterly at his first audience for that he being a Knight of the holy Order should have taken a Commission from Rebells to sollicite a ratification of execrable Heresies The Gentleman did what he could to mitigate their wrath but nothing could avail So was he dismissed without answer whereof the Archbishop of Glasgow the Abbat of Dunfermlin and the Lord Seaton 〈◊〉 from Leth with the company of French were generally blamed The cold entertainment he found in that Court was soon advertised which troubled greatly the 〈◊〉 of the Professors for they were sensible of their own weakness and 〈…〉 from England if France should again invade because of the loss the 〈…〉 received in the late expedition neither had the Earl of Morton and Glencarn who upon the breaking up of the Parliament were sent into England to render thanks to the Queen and to intreat the continuance of her favour given any advertisement of their acceptance But whilest they stood thus fearfull newes was brought of the French Kings death which raised their hearts not a little neither were they more glad then the French faction were sorrowfull These meeting in the most secret manner they could took counsell to send Mr. Iohn Lesley afterwards Bishop of Rosse with letters to the Queen intreating her to return into Scotland withall to shew her that the best course she could take was to land at Aberdene where she should be honourably received and find such assistance of the Noblemen in these quarters as at her first coming she might re-establish the Catholick Religion he was also desired to warn the Queen not to give ear to the counsels of her brother who as they said was of an aspiring minde and aimed at no less then the Government of the Realm whom she should do wisely to cause be detained in France till matters at home were fully settled The letter he carried was subscribed by the Archbishop of Saint Andrewes the Bishops of Aberdene Murray and Rosse the Earles of Huntly Craford Athol Sutherland and Cathnesse On the other side the Noblemen that had assisted the expulsion of the French how soon they heard of the death of King Francis convened at Edinburgh and after counsell taken directed Lord Iames to the Queen to perswade her in like manner to return But Lesly using greater diligence came to her some dayes before him and finding her at Vitrie in Champaigne wthier she was gone to seek a secret place for her sorrow delivered the letters and credit he was trusted with The Queen hearing all answered that the Prelats and Noblemen by whom he was imployed should rest assured of her favour willing him to advertise so much and to attend till she could resolve upon her return Incontinent after Leslies coming the Queens uncles did enter in deliberation what course was best for her to take and whether or not she should return to Scotland for they conceived the passage by Sea would be dangerous she not being assured of the Queen
with the Citizens of Glasgow the Harquebusiers were planted in the Village beneath and within the hedges upon the high-way Before the joyning both sides played with their Ordinance upon others but the advantage was on the Regents part the Queens Canoniers being forced to quit their munition His Cavalrie on the other side being much inferiour to the Queens was compelled to give ground but when they entered upon the foot thinking to put them in disorder the Archers from the Regents side rained such a shower of arrowes upon them as they could not hold up their faces and were forced to turn back The left wing of the Queens Army advancing it self in the mean while howbeit greatly annoyed by the Harquebusiers that beat them in the strait on both sides got into the plain and displayed it self Then did the Armies joyn and enter into a hot fight striving in thick ranks to maintain their places and by force of spears to break and bear down one another for the space of half an hour and more the fight continued doubtful and so eagerly they strove that they whose spears were broke stood throwing their poynards stones and what came readiest to their hands in the faces of their adversaries The Regents second battel perceiving that none came against them and fearing the other should be overlaid for they saw some in the last ranks recoiling went unto their aid whereupon the Queens Army gave back and so were put to rout The Regent and those on his side shewed great manhood all their hopes consisting in the victory nor were his enemies any lesse couragious but the advantage of the ground were to those of his part no small help There were not many slain on the place most of the slaughter being made in the chace and unlesse the Regent had with his presence wheresoever he came and by sending horse into all parts stayed the fury of those that pursued the victory had been much more bloody The Queen who stood a mile off from the battel on a litle height perceiving the field lost made towards the borders The rest that escaped fled the readiest way they could find every man to his own home The number of the slain was about 300. many were taken prisoners amongst whom the most eminent the Lords of Seaton and Ross the Masters of Cassils and Eglington Sir Iames Hamilton of Avendale and the Sheriffes of Aire and Linlithgow Of the Regents side one only was slain the Lords Home and Ochiltrie wounded All the rest a few excepted that followed the chace too farre returned with him to Glasgow where they went first to Church and gave thanks to God for the victory they had obtained almost without any effusion of blood This conflict happened upon the 13th of May. the eleventh day after her escape from Lochlevin The French Ambassadour who had conceived an assured hope of her prevailing perceiving things fall out otherwise took horse and made away to England not once saluting the Regent to whom as he pretended he was sent By the way he fell in the hands of some robbers that rifled all his baggage which the Laird of Drumlanrig for the respects he carried to the title of an Ambassadour caused to be restored The rest of that day the Regent bestowed in taking order with the prisoners some he freely dimitted others upon surety but the Principals were detained they especially of the Surname of Hamilton and committed to several prisons The next day taking with him 500. horse he rode unto Hamilton and had the Castle thereof with the house of Draffan another strong hold belonging to the Duke rendered in his hands Such a terrour this defeat wrought that the whole inhabitants of Cluid did relinquish and forsake their houses upon the like fear did the Queen against the counsel of her best friends take Sea at Kirkcadbright and sail into England landing at Wirkinton in Cumberland near to the mouth of the river Derwent from which place she sent a letter to Queen Elizabeth declaring that she was come into her Kingdome upon hope of aid and assistance from her requesting she might be conducted to her with all speed because of her present distresse Iohn Beaton one of her domesticks was some days before sent with the Diamond she had received from the Queen of England for a token of kindnesse to signify her purpose of coming into England if she should be further pursued by her subjects who did shortly return with large promises of love and kindnesse if she should happen to come But as soon as her coming was known the directions sent by Sir Francis Knowles were not so loving for by him she was desired to go unto Carlile as a place of more safety whither the Lieutenant of the countrey should conduct her and stay there till the Queen was informed of the equity of her cause This direction did much displease her and then began she to see her errour but seeming to take all in good part she sent the Lord Hereis to intreat the Queen for an hearing in her own presence where she might both clear her self and shew how injuriously she had been dealt with by those whom at her intercession she had recalled from exile or if that could not be obtained to crave that she might be permitted to depart forth of England and not detained as a prisoner seeing she came willingly thither in confidence of her kindnesse often promised and confirmed as well by letters as messages Queen Elizabeth moved with these speeches said that she would send to the Regent and desire him to stay all proceeding against the subjects that stood in her defence till matters were brought to an hearing For the Regent at the same time had called a Parliament to the 25. of Iune for proceeding against those that had accompanied the Queen in the fields by course of law They of the Queens faction were in the mean time preparing to hinder the meeting and when as the Diet drew near the Earl of Argile with his forces met Lord Claude Hamilton at Glasgow the Earl of Huntley brought from the North 1000. foot with as many horsemen almost and came as farre as Perth but was not permitted to crosse the river of â—ay the channels and passages being all guarded by the Lord Ruthven and such in those quarters as maintained the Kings authority So being forced to return home the Earl of Argile and other Lords not seeing how they could hinder the meeting of the Parliament dissolved their companies and returned to their own countrey At this time came the letters promised by the Queen of England whereby the Regent was desired to delay the Parliament and not to precipitate the giving of sentence in these matters till she was rightly informed of the whole cause But the Regent considering that the delay of the Parliament would be constructed to proceed of fear resolved to keep the Diet. At the meeting it was long disputed
for he had warrant so to do and seeing them full of vain and idle brags for to shew the strength of the faction they had set down a Roll of all the Noblemen of their party inserting there in both some of their opposites and some that had carried themselves newters in all these broyls returned answer by the messenger that he would do as he was directed and not grant any truce nor keep the Army at their pleasure without imployment The time of the Convention approaching they who favoured the King his authority came in great numbers to Edinburgh At their first meeting it was thought convenient seeing the adverse party professed a desire of peace to make trial of their disposition and thereupon a Gentleman was sent with this message that if they would joyn for revenge of the murther of the Kings Father and Regent and would acknowledge the King for their Soveraign whatsoever else in reason they could crave should be granted unto them The answer was short and peremptory on their part That they acknowledge none for their Soveraign but the Queen and that she having committed the Government of affairs to the Earls of Arrane Argile and Huntley they would follow and obey them in her service Then they caused proclaim the Queens authority with the several Commissions of their Lieutenandries and in the Queens name indicted a Parliament to be kept at Linlithgow in August ensuing The Estates perceiving there would be no agreement gave forth a Proclamation to this effect First they said that it was not unknown to all the subjects in what a happy state the Realm stood under the government of the late Regent and what calamities it was fallen into by his death divers Lords and other subjects conspiring with them having presumed to erect another authority under the name of the Queen his Majesties mother But as such treasonable attempts had been often taken in hand and as often through Gods favour disappointed to the shame and ignominy of the enterprisers so they wished all men should understand what sort of people they were that had massed themselves together in the present conspiracy The Conspirators they ranked in three orders the principles they said were the authours of the cruel murthers of the King his father and Regent Others were manifestly purjured as having bound themselves by their oathes and subscriptions to defend the King his authority which now they impugned A third sort were such as had servile minos and without regard to conscience or honour did follow those to whom they had addicted themselves All which did pretend the maintenance of true Religion the liberty of the Countrie and the preservation of peace both abroad and at home But with what probability any man of judgement might consider for neither could he who was known to have been a persecutor of the truth and now carried the chief sway amongst them meaning the Archbishop of St. Andrews be thought a maintainer of Religion nor could they be esteemed favourers of their Country and the quietness thereof who without any just provocation had invaded the neighbour Realm of England and publickly entertained the Queens Rebells professing enemies to God and Religion As to the care they professed of the Kings preservation any man might conjecture how he should be preserved by them who exiled his Grandfather murthered his father did wickedly counsell his mother led her on courses that had brought her to shame and dishonour and now at last had unworthily cut off his Uncle and Regent by suborning a mischant to kill him treacherously It is like said they that they will be content to live subjects to a King discended of that house which they have so long a time persecuted and will they not fear if God shall bring him to perfection of years that he will be avenged of his fathers and uncles murther Neither can any be ignorant what the hope of a Kingdome will work in ambitious spirits especially when they finde themselves in a possibility to succeed unto the present possession And these are the men said they who seek to rule and command under the name of her whom they have undone by their wicked practices Of this they thought fit to advertise the subjects and to inhibit them from giving any assistance to the said conspirators under pain of death Such as of simplicity or ignorance had joyned with them they commanded to separate and return to their houses within the space of 24. houres promising in that case impunity and pardon for their by-past defection those onely excepted who were suspect of the foresaid murthers and had resset the Queen of Englands Rebells and violated the publick peace betwixt the two Realms This Proclamation was indited with much passion and matters now reduced to these termes that each side prepared to maintain their quarrell with the destruction of their adversaries The Queens faction dispatched Veraâ— to France to inform how matters went and to further the supply promised The Lord Seaton was sent to Flanders to intreat the Duke of Alva at that time Governour of the Neatherlands for the King of Spain for some aid of moneys and men and to impede the traffique of the Scottish rebells so they termed them that acknowledged the Kings authority in those parts For the point of traffick the Duke excused himself saying That he could not inhibit the same it being against the liberty of the Low-countreys but in other things he would do his best to further the Queen of Scots cause Like as shortly after he sent Mr. Iohn Hamilton Parson of Dumbar who lay Agent with him for the Scottish Queen to the Earl of Huntley with great store of Armor and gunpowder and the summe of ten thousand Crowns to levie Souldiers The Lord Seaton in the mean while who could not be idle wheresoever he was and had a great desire to approve himself by some service to the King of Spain dissembling his habit went into the United Provinces and dealt with Scottish Captains and Under officers to make them leave the service of the Estates and follow the King of Spain which being detected he was apprehended and by sentence of the Councell of Warre condemned to ride the Canon yet by some help he escaped and fled to the Duke of Alva who sent him home loaden with promises and rewarded with some little present for himselfe because of his good affection The Lords on the other side who stood for the Kings authority sent to the Earl of Sussex intreating the assistance of his forces or some part thereof because of the common danger and to move him the more they advertised that the Earl of Westmerland and other English Rebels were with the Lords convened at Linlithgow in Armes with intention as it seemed to work some mischief which had need for the good of both Realms to be prevented which they doubted not so the letters bear having his assistance to
this point made answer That the Secretary could claim no benefit by the Abstinence seeing he was the Kings subject and stood to the defence of the Kings cause both in England and Scotland professing himself as much displeased with the Proclamation of the Queens authority as any man else And howbeit of late he had accompanied the contrary faction yet he never declined his subjection to the King That being required to attend his office he had refused whereupon the same was justly taken from him and for the confiscation complained if he would yet declare on what side he was he should be reasonably used The Secretary who had often changed his party finding that now he must declare himself on the one side or the other sent to the Earl of Sussex this answer That he did think it strange the Regent should enquire on which side he was seeing his speeches writings and actions had declared the same Always now he would plainly professe that he was not of the Lord Regents side nor would he acknowledge him for Regent That he was of that side which would perform their duties to the Queen of Scotland and to her son so as neither of them should have cause to find fault with him that he was of that side which wished to either of them the place which in reason and justice they ought to possesse and that he was of that side which requested the Queen of England to enter into good conditions with the Queen whereby Scotland might be brought in an union and she restored to her liberty and Realm He confessed that he did not allow of the proclaiming of the Queens authority nor of the Parliament indited by those of he part because he foresaw the same would impede the Treaty betwixt the two Queens and might do hurt many ways and hinder the good he was about to do But that would not inser an allowance of their doings And this he said might give the Regent to understand on what side he was This answer neither expressing a reason of his falling away from the Kings obedience nor discovering plainly as was desired of what side he should be esteemed being delivered to the Regent received this reply That it was no marvel he should not acknowledge him for Regent having deserved so ill at his hands and being attainted of the soul and cruel murther of his son the Kings father That his Declaration did not satisfy that which was demanded for where he made a shew to observe a duty both to the Queen and to her son and would have it appear that he was about the effecting of great matters the duties he had done to either of them were well enough known neither could any man look for any good to proceed from him Therefore howsoever he had against his promise and subscription declined from the Kings party he must still be subject to answer such particulars as should be laid against him in the Kings name And seeing it was neither her Majesties meaning that any person guilty of the Kings murther should enjoy benefit by the Abstinence he that was challenged thereof in the late Regents time and had in Councel offered himself to the severest trial that could be taken could not complain of the breach of Abstinence for any thing done or intended against him But that neither this particular nor any other should be an occasion to dissolove that Treaty begun he said that he was content the notes of all injuries alledged on either side should be delivered in writing to the Earl of Sussex and the trial or redresse thereof continued till it should appear what effect the Treaty brought forth The prorogation of the Abstinence in the mean time as was desired by the Queen of England was yielded unto and subscrived the fourth of November with this provision That the goods and the ships of the Scottish Merchants arrested at that time in France should be released and no stay made of such as should happen to repair thither during the time of the Abstinence Whilest these things were debating the copy of the Articles proponed by the Commissioners of England to the Queen of Scots for the surety of the Queen were sent to the Lords of her faction to be considered which were as followeth 1. That the Treaty at Leth should be confirmed and that she should not claim any right nor pretend title to the Crown of England during the life of Queen Elizabeth 2. That she should not renew nor keep any League with any Prince against England nor yet receive forein forces into Scotland 3. That she should neither practise nor keep intelligence with Irish or English without the Queens knowledge and in the mean time cause the English fugitives and rebels to be rendered 4. That she should redresse the wrongs and harms done by her faction in the borders of England 5. That she should not joyn in marriage with any English man without the consent of the Queen of England nor with any other against the liking of the Estates of Scotland 6. That she should not permit the Scots to passe into Ireland without licence obtained from the Queen of England 7. That for the performance of these Articles her son should be delivered to be brought up in England and six other hostages such as the Queen of England should name should be sent thither The Castles of Home Fastâ— Castle kept by the English for the space of three years and some Fort in Galloway or Cantire be put in the English mens hands for restraining the Irish Scots from going into Ireland 8. That she should do justice according to the law upon the murtherers of her husband and the late Earl of Murray 9. That she should set her hand and cause the Commissioners to be appointed by her party set their hands and seals to these Articles 10. And lastly that all these particulars should be confirmed by the Estates of Scotland Now albeit divers of these Articles were misliked by the Lords of her faction yet conceiving thereby some hope of her restitution they dispersed certain copies in the countrey to encourage those that professed her obedience holding back such of the Articles as seemed most hard trusting to obtain a mitigation thereof in the conference And she indeed I mean the Scottish Queen shewed her self pleased withall onely she remitted the full answer to her Commissioners that should come from Scotland The rumour of the Accord held good a few days and amused the Regent and other Noblemen not a little till a letter directed by Sir William Cecil from Chattesworth in Derbyshire where the Queen of Scots then lay did otherwise inform which was to this effect That he was put upon that imployment much against his heart and yet had not dealt therein but with a great regard of the safety of the young King and whole Estate And that all he had done touching Scottish affairs was under protestation that it should be in
opinions of divers famous Divines The Queen of England having considered their reasons was not a little displeased both with the bitter speeches and with the liberty they had used in depressing the authority of Princes and thereupon told them That she was in no sort satisfied with their reasons willing them to go unto the second head and devise what they thought meetest for the safety of their King and themselves But said they refusing that they had no Commission to speak of any thing that might derogate from the Kings authority and if such a Commission had been given them they would not have accepted it In these terms matters continued some days till the Commissioners for the King of Scots suting to be dimitted were sent for to Greenwich where the Queen had a long speech tending all to declare what a good will she had carried to the young King and to those that professed his obedience and wondering they should be so wilful and not to deliberate of such things as served to their own safety The Commissioners answering that they believed the reasons produced would have satisfied her Majesty touching their proceedings which as they esteemed were sufficient to prove that they had done nothing but according to justice Yet I saith the Queen am not satisfied neither with your reasons nor lawes nor examples nor am I ignorant of the lawes my self having spent divers years in the study thereof If ye your selves will not saith she propone any thing for your own sureties yet I would have you hear what my Councel is able to say in that matter and I hope it shall content you They answered that their respect to her Majesty was greater then to refuse any good advice which she and her good Councel should give them but that they had no power to consent to any thing that might inferre an alteration of the present state or diminish the Kings authority The next day the Articles following were given them and they desired to consider of the same and set down their Answer in writing 1. That in regard her son had been crowned King by vertue of her dimission and his Coronation ratified by the three Estates of Parliament and that since that time a great number of the subjects had professed obedience to him and his Regents which was to be interpreted in the best part as done out of duty and not out of any ill mind towards their Queen the obedience so yielded to the King and his Regents should be allowed from the time of the dimission of the Crown made by her unto the resumption of the same And all manner of Acts done since that time in the administration of justice and for government of the State should be reputed good and lawful or at least reviewed and confirmed in the next Parliament after consideration taken of the same by twelve Lords whereof six should be named by the Queen and her Commissioners and the other six by the Commissioners for the Kings part 2. That all Statutes and Ordinances made concerning matters of Religion and the Ministers thereof since the same time should be observed by all the subjects of Scotland and no pardon nor dispensation granted in time coming to any person not observing the same without consent of the said twelve Lords 3. That all Processes Sentences and Judgements given either in causes civil or criminal since the said time wherein the order of the laws of the Realm had been observed should remain in force and only such sentences as had been pronounced either in the name of the King or Queen against any person for not obeying or acknowledging either of their Titles be rescinded the sentences alwayes pronounced against the Earl of Bothwel or any others for the murther of the Queens husband standing good and valid 4. That all Ecclesiastical benefices and temporal offices which have usually continued in the person of any during term of life should remain with the same persons that held them at the time of the Queens dimission such excepted as may be proved to have consented to the murther of her husband or that have left them upon recompence and with their own consents In which cases the present possessors should enjoy the same unlesse they were uncapable and declared by the twelve Lords to be such 5. That all strengths Castles and houses appertaining to the Crown should be restored to the possession of those who held them at the time of the Queens dimission except they had parted therewith upon agreement In which case the Queen with consent of the said twelve Lords or the most part of the Councel should dispose thereof 6. That the Jewels Plate Moveables and implements of houses belonging to the Queen at the time of her dimission should be restored provided the moneys which any had laid out for the same were repayed And for such as had been put away by the direction of the Regents or Councel that recompence should be made by the Queen to the party according to the just value 7. That a law should be established in Parliament for oblivion and remission of all things done since that time after the same manner that was done in the year 1563. providing not the lesse that the Comptroller Thesaurer and other receivers of the Crown revenues should give an accompt to the Queen of all summes of money or other profits which had not been expended bona fide for the affairs of the Realm or by order and warrant from the Regent and others trusted with those affairs Neither should the remission be extended to any that had taken by force any houses Castles lands or heritages belonging to others but restitution should be made thereof to the party dispossessed or to his heirs till the same by order of law be justly determined In like manner concerning goods moveable taken away from the Owners against their wills and being yet in their own nature extant that restitution should be made thereof And because many doubts might arise upon this Article the same should be determined by the foresaid twelve Lords or otherwise as was devised for the execution of the Act made Anno 1563. 8. That for the more quiet government of the Realm there should be appointed a Privy Councel which should consist of twelve Lords spiritual and temporal besides the other ordinary officers that do usually attend And that the said Councel should be established with the like provisions that were made at the return of the Queen out of France Anno 1561. So many as were then Counsellors and yet alive being counted of that number and that the Earl of Lennox because he was most bound by nature to take care of the King should be one of the Councel and have place therein according to his degree 9. That for the greater safety of the Kings person he should be brought into the Realm of England and there governed by such Noblemen of Scotland as depend of him so as he may be ever
from the Regent at Corstorphin had the foot souldiers left with him to withstand the enemy if he should make any suddain attempt Nor did there many days passe when the Earl of Huntley and Lord Claud Hamilton with their forces enterprised the burning of Dalkeith Morton who remained there being forewarned of their coming took the fields and entertained a long fight with them though in number he was far inferiour divers on either side were killed 25. of the Earl of Mortons men taken prisoners and of the adverse party Captain Hackerston Neither had the conflict ended so soon if they had not been separated by an accident that happened in the time The Earl of Huntley and Lord Claud had carried with them a great quantity of powder wherewith the souldiers striving to furnish themselves and one of the matches falling amongst the powder it took fire and with a terrible noise overthrew all that stood by Captain Iames Melvil and number of his company were thereby killed in the place many died a few days after of the hurt they received at that time The Earl of Morton by this invasion being taught to look unto himself did hire a band of souldiers that was lately come from Denmark under the command of Captain Michael Weymes or as others write Captain David Weymes The Lords that remained at Edinburgh thinking to intercept him and his company as he crossed the river of Forth imployed Mr. Iames Kircaldy brother to the Lord of Grange who a few days before was come from France with a supply of money and Arms and Capt. Cullen a man well skilled in sea affairs to lie in wait for their landing But the purpose being detected to the Earl of Morton he came upon them at Leth as they were taking Boat so unexpected as 16. of the number were taken prisoners which served to redeem certain of Captain Weymes company that were the next day taken at sea for he himself with the greatest part arrived safely at Leth. The Regent having advertised the Queen of England of those troubles and by the common danger of both the Realms intreated that she should no longer remain a neuter she sent Sir William Drury Marshal of Berwick to try the estate of things the power that the Regent had and the means whereby the Castle of Edinburgh might be recovered and perceiving by the information returned that without her assistance neither could that strength be regained nor the waged souldiers be kept long together because as yet she held it not fit to declare her self for the King she began of new to treat with both parties for a surceasance of arms and that the town of Edinburgh might be freed of the souldiers left patent for the Court of Justice the Captain of the Castle having in the mean time a convenient revenue for guarding the house allowed unto him But this turned to no effect for the conditions for the surceasance required could not be agreed unto by either side for the Regent would have the town of Edinburgh put in the estate wherein it was at the going of the Commissioners to the Court of England in Ianuary preceding and Grange to content him self with such an ordinary garrison as other Keepers of the Castle were accustomed to entertain The other faction was content to leave the town patent but so that neither the Regent nor the Earl of Morton should come unto it And for the surety of the Castle they would have Grange to retain 150. souldiers besides the ordinary guard who should lodge in that part of the town which was nearest unto the same The conditions of either side rejected they of Edinburgh not to be wanting of the authority of a Parliament kept a publick meeting in the town-house the twelfth day of Iune to which day they had indicted a Parliament where a supplication was presented in name of the Queen bearing That it was not unknown how certain of her rebellious subjects having imprisoned her person in the Tower of Lochlevin did hereafter constrain her to make a dimission of the Crown in favours of her son which by the advice of Mr. Iohn Spence of Condy her Advocate she had lawfully revoked albeit otherwise the same could not subsist being done without the consent and advice of the Estates and upon a narrative of her inability and weakness which any of mean judgement may consider to be a meer forgery seeing her weaknesse to govern cannot be esteemed so great as is the weaknesse of an insant lying in the cradle neither can he who hath the present administration of affairs compare with her in any for aptness and ability to govern Therefore was it desired that the Nobility and Estates there convened after they had examined the grounds of the said dimission and found them in reason naught should discern the same to be null in all time coming The supplication once or twice read it was pronounced as followeth The Lords Spiritual and Temporal with the Commissioners of Burghs presently assembled being ripely advised with the supplication presented have by authority of Parliament ordained the said pretended dimission renunciation and overgiving of the Crown by the Queen consequently the Coronation of her son the usurped government of his Regents and all that hath followed thereupon to have been from the beginning null and of no force nor effect for the reasons contained in the said supplication and other considerations notour to the whole Estates And therefore commands all the subjects to acknowledge the Queen for their only Soveraign notwithstanding the said dimission and as it had never been in rerum naturâ Herewith to conciliate the favour of the Church and people by another statute they ordained That none should innovate alter or pervert the form of Religion and ministration of Sacraments presently professed and established within the Realm but that the same should have free course without any let or impediment to be made thereto And therewithall the Superintendents Ministers Exhorters and Readers in Churches were commanded in their publick service to pray for the Queen as their only Soveraign the Prince her son the Councel Nobility and whole body of the Commonwealth These statutes they caused to be proclaimed at the Market Crosse the day following which was the 13th of Iune Sir William Drury finding his labours unprofitable and preparing to depart the Lords of Edinburgh would needs of courtesie bring him on the way The Earl of Morton who lay then at Leth pained with a Cholick hearing that they were in the the fields and taking it to be done for ostentation of their power arose from his bed and putting his men in order marched to Restalrig which way they were to passe Sir William Drury perceiving the companies of Leth in the way and sorry that his Convoy should have given the occasion travelled between them and by his perswasions made them both to retire But then the question fell who should first retire
and for this Sir William proponed that he should stand between the companies and upon a sign to be given by him both should turn at one instant The Earl of Morton accepted the condition lest he should offend the Gentleman who had taken such pains amongst them the others refused giving forth great brags that they should make them leave the fields with shame if they did it not willingly How soon Morton was advertised of the difficulty they made he cried aloud On on we shall see who keeps the fields last and therewith gave so hard a charge upon them as they disordered both the horse and foot The Chase held towards the Watergate where by reason of the skant and narrow passage many were killed and trod to death but the number of prisoner were greater for there were 150. taken amongst whom were the Lord Home and Capt. Iames Cullen the Abbot of Kilwining was killed a Gentleman of good worth and greatly lamented for he was of all that faction esteemed most moderate There died some 50. in all most of them common souldiers and of mean accompt On Mortons side Captain Weymis with one only souldier was slain this conflict happened on Satturday the 28. of Iune 1571. Advertisement hereof sent to the Regent he came the next day to Leth where first order was taken with the prisoners and the Lord Home sent to Tantallan But he stayed not long there for the Lord of Drumlanrig being intercepted by Sir David Spence of Wormston as he was making homewards an exchange was made of the Lord Home with him Captain Cullen a man infamous and who in the last wars had used great cruelty was hanged on a Gibbet The rest upon promise not to serve against the King were dimitted Resolution then was taken for the Regents abode at Leth and the countreys attendance upon him by quarters to keep the adversaries busied and hinder the victualling of the town During which time no day passed without one conflict or other wherein sometimes the Regent and sometimes the Queens party had the better at this time upon a report carried to the Laird of Grange that he was commonly called by those of Leth the Traytor he sent a Trumpet to appeal any one of their side to combat that should dare to affirm so much The Laird of Garleys offering to maintain it time and place were appointed for the sight and when all were expecting the issue of it Grange excused himself by the publick charge he bare saying that it was not thought convenient he should hazard the cause in his own person Notwithstanding of this great heat amongst the parties the Queen of England ceased not to mediate an accord and by a letter to the Marshal dated the 19th of Iuly willed him to move them of new for an abstinence offering to send persons of authority and credit to the borders who should travel to agree them and remove all differences as well concerning the title of the Crown as other private matters and because it was given her to understand that both parties had indicted Parliaments to August next she desired that no proceeding should be made therein either by making of lawes or by denouncing any persons forfeited and that only they should authorize certain persons to meet with her Commissioners for consulting upon the best means to conclude a solid peace There was also a letter of safe conduct sent for any one that Grange would direct unto England for this he had desired Lethington excepted and those that were suspected of the late Kings murther But whether this exception gave the cause or the daily incouragements sent by the French none was directed thither The Regent by his answer of the 27. excused the not yielding to the abstinence which he said without evident prejudice to the Kings cause could not be granted so long as Edinburgh was detained For other points he answered That by himself without the consent of the Nobility and Estates he could say nothing but at their meeting in August her Majesty should receive all reasonable satisfaction The adversary party in the mean time nothing relenting of their course did keep a form of Parliament at Edinburgh the 22. August and though they were but five persons in all present that had any voice in the State to wit two Bishops and three Noblemen they pronounced above 200. persons forfeited The Regent advertising the Queen of England how they had proceeded and what disorder did shew the necessity whereunto they that lived in the Kings obedience were brought and how it concerned him and the rest to prosecute what they had justly intended in regard of their enemies precipitation So in the Parliament kept at Striveling the 28. of the same moneth sentence of forfeiture was pronounced against the Duke of Chatteller ault and his two sons the Abbot of Aberbrothock and Lord Claud the Earl of Huntley the Laird of Grange and some others And for satisfying the Queen of Englands desire the Earl of Morton Marre and Glencarn the Lords Semple Ruthven and Glamis with the Bishop of Orkney the Abbots of Dunfermlin and S. Colmes Inche Sir Iohn Ballendine Justice Clerk and Mr. Iames Mr. Gill Clerk of Register were nominated by the Estates and Commission given or to any four three or two of that number to treat with such as the Queen of England should appoint upon the differences arisen amongst the subjects by occasion of the late troubles and for contracting a League offensive and defensive betwixt the two Realms Of all that did the Regent give notice to the Queen beseeching her not to presse them with any thing that might seem to call the Kings authority in question But before these letters came to her hands he was killed as ye shall hear Lord Claud Hamilton having intelligence given him of the security wherein the Regent and Nobility lived at Striveling and how as in a time of setled peace they did not so much as keep a watch by night took resolution to invade them and was therein greatly incouraged by Cap. George Bell a man born in Striveling one that knew all the passages streets who made offerto put him the company he should bring with him safely in the town This he communicated to the Earl of Huntley Walter Scot of Bacleugh and David Spence of Wormeston who were all content to joyn in the enterprise The second of September they went from Edinburgh a little before Sun-setting accompanied with 200. horse and 300. foot and lest their journey should be suspected they made the rumour go that they went towards Iedburgh to compose a discord fallen out betwixt the town and the Laird of Fernherst To ease the footmen they had taken all the horses which came the day before to the Market and as many as they could otherwise purchase by the way and so marching with a wonderful confidence for by the wayall their discourse
in the reformed Church 5. The Churches also which are united and joyned together by annexation to Benefices ought to be separated and divided and given to qualified Ministers as Gods word requires neither ought such abusers of the Patrimony of the Church have voice in Parliament nor sit in Councel in name of the Church and Church-men to the hurt and prejudice of the liberty thereof and lawes of the Realm made in favours of the Reformed Church 6. Much lesse is it lawful that one person amongst these should have five or six ten or twenty Churches all having the cure of soules and enjoy the Patrimony thereof either by admission of the Prince or of the Church in this light of the Gospel for it is but mockery to crave reformation where the like have place 7. And albeit it was thought good for avoyding greater inconveniences that the old possessors of such benefices who imbraced the Religion should enjoy by permission the two parts of the rents which they possessed before during their life time yet it is not tolerable to continue in the like abuse to give these places and other benefices of new to men as unmeet or rather unmeeter who have no mind to serve in the Church but live an idle life as others did who enjoyed the same in time of blindnesse 8. And whereas by the order taken at Leith 1571. it appears that such may be admitted being found qualified either that pretended order is against all good order or else it must be understood not of them that are qualified for worldly affairs or to serve in Court but such as are qualified to teach Gods word and have their lawful admission of the Church 9. As to Bishops if the name be properly taken it is all one with the name of Minister as was declared for it is not the name of superiority or Lordship but of office and watching Yet because in the corruption of the Church this name hath been abused and is like to be we cannot allow this fashion of these new chosen Bishops nor of the Chaptors that are their electors to such in office 10. True Bishops should addict themselves to one particular flock which divers of them refuse neither should they usurp Lordship over their brethren and the inheritance of Christ. 11 12. Pastors in so farre as they Pastors have not the visitation of mo Churches joyned to the Pastorship unlesse it be committed to them 12. It is a corruption that Bishops should have further bounds to visit then they may conveniently overtake neither ought any man to have the visitation of Churches but he that is chosen by the Presbytery 13. The Elderships well established have power to send out Visitors with Commission to visit the bounds within their Eldership and after accompt taken be either continued or changed from time to time being subject alwayes to their Elderships 14. The criminal jurisdiction in the person of a Pastor is a corruption 15. It agrees not with the word of God that Bishops should be Pastors of Pastors or Pastors of many flocks and yet be without a certain flock and no ordinary teacher nor doth it agree with the Scripture that they should be exeemed from the correction of their brethren and the discipline of the particular elderships of the Church where they shall serve neither that they usurp the office of visitation of other Churches nor any other function besides that of other Ministers unlesse the same be committed to them by the Church 16. Heretofore we desire the Bishops that now are either to agree to that order which Gods word requires and not to passe the bounds prescrived by the general Church either in Civil or Ecclesiastical affairs or to be deposed from all function in the Church 17. We ceny not in the mean time that Ministers may and should assist their Princes when they are required in all things agreeable to the word of God whether it be in Councel or Parliament or out of Councel providing alwayes they neither neglect their own charges nor through flattery of Princes hurt the publick estate of the Church 18. But generally we say that no Pastor under whatsoever title of the Church and specially the abused titles in Popery of Prelates Chaptors and Convents ought to attempt any thing in the Churches name either in Parliament or out of Councel without the Commission of the Reformed Church within this Realm 19. It is provided by Act of Parliament that the Papistical Church and jurisdiction shall have no place within the Realm and that no Bishop nor Prelate should use any jurisdiction in time coming flowing from the Popes authority And likewise that no other Ecclesiastical jurisdiction should be acknowledged within this Realm but that which is and shall be in the Reformed Church and flowing from the same And such we esteem the Chaptors holden in Papistical manner either of Cathedral Churches Abbeys Colledges or other conventual places usurping the name and authority of the Church to hurt the Patrimony thereof or use any other Act to the prejudice â—of the same since the year 1560. by abusion and corruption contrary to the liberty of the Church and lawes of the Realm which therefore ought to be annulled reduced and in time coming utterly discharged 20. The dependences also of the Papistical jurisdiction are to be abolished of which sort is the mingled jurisdiction of the Commissars in so far as they meddle with Ecclesiastical matters have no Commission of the Church thereto but were elected in time of our Soveraigns mother when things were out of order It is an absurd thing that divers of them having no function in the Church should be Judges in deposing Ministers from their places Wherefore they would be either discharged to meddle with Ecclesiastical matters or it would be limited to them in what matters they might judge and not hurt the liberty of the Church 31. They also that before were of the Ecclesiastical estate in the Popes Church or that are admitted of new to the Papistical titles and now tolerated by the laws of the Realm to possesse the two parts of their Ecclesiastical rents ought not to have any further liberty but to intromet with the portion granted and assigned unto them for their life times and not under the abused titles which they carry to dispone the Church rents setting in fewes and leases the same at their pleasure to the great hurt of the poor labourers that dwell upon the Church lands and the prejudice of the Church contrary to good conscience and all order CHAP. 12. Special heads craved to be reformed 1. WHatsoever hath been spoken of Church offices the several power of office-bearers their conjunct powers and last of the Patrimony of the Church we understand it to be the right reformation which God requires but because something would be touched in particular concerning the estate
form of proces kept with them others judged that there needed no such formality seeing the Authours were known and the sentence of forfeiture pronounced against them stood unreduced To use a citation they said was to give them warning to flee whereas otherwise they might be taken unprovided and brought to their censure At last it was agreed that a Commission should be given to some Noblemen that had power and affected the businesse to apprehend them This Commission was given to the Earls of Morton Marre and Eglinton and to the Lords of Ruthven 〈◊〉 and Boyd which was not so closely carried but advertisement went to the Lord Hamilton and his brother Lord Claud so as they escaped The Lord Hamilton going on foot through the most part of England in the habit of a Seaman fled into France Lord Claud after he had lurked a while amongst his friends at home found refuge in the North parts of England others of their friendship who stood in fear saved themselves where best they could Upon the report of their escape charges were directed for rendering the houses of Hamilton and Draffan which belonged to the Earl of Arran their elder Brother and were possessed by the Lord Hamilton as administrator to his brother because of his disease The Earl of Arran himself they had kept in the Castle of Draffan attended by some servants and he was known to have no part in any of these facts wherewith they were charged so as by way of justice his estate could not fall under forfeiture yet some colour of right behoved to be made for bringing the same under the Courts disposing To this effect it was devised that a complaint should be preferred in the name of the Earl of Arran and his Majesties Advocates bearing the miserable condition of the said Earl and how he was detained in close prison by his two brothers without fire aire and the company of his honest friends his living violently possessed by the Commendators of Aberbrothock his Sheriffeship of Laâ—rick usurped himself denied the benefit of marriage and debarred from succession against all law for if he was an idiot or furious as they gave out he ought to have had Curators given him by the King and if he was mentis compos it was an intolerable wrong to use him in that sort Therefore desired letters to be directed for his exhibition before the Councel that it might be known in what estate he was and an honourable provision appointed unto him such as befitted his birth and condition This desire being judged reasonable summons were directed against the two brothers that were fled and they not appearing at the day were denounced Rebels But this not sufficing to work their ends the disobedience of the Keepers in not rendring the strengths when they were charged was made the Earls crime and he found to have incurred the pain of treason an act of the greatest injustice that could be done Notthelesse upon this ground were both the Castles at that time demolished and Captain Iames Stewart afterwards preferred to the Earldome of Arran Whilest these things were doing Monsieur No a Frenchman Secretary to the Queen of Scots came to Striveling with letters and some presents to the King but because in the superscription of the letters he was only intituled Prince of Scotland the messenger was denied accesse and neither his letters nor presents received The rest of this summer was spent for the most part in summoning the Gentlemen of the name of Hamilton and putting them under surety that they should not give supply to the fugitives and be always ready to answer before the Councel when they should be called Dame Margaret Lion Countesse of Cassils who not long before had married the Commendator of Aberbrothock was suffered to possesse the Joincture she had by her first husband upon the like condition And because many were put in fear by this proceeding that the pacification of Perth should be altogether annulled his Majesty made a publick declaration That what was done in the present pursuit was only for the murther of his Father and Regents unto which both in honour and conscience he was tied And that no Article of the pacification should be infringed or called in question In the beginning of Iuly the Earl of Athols funerals were performed with great solemnity and his body interred in the Church of S. Giles at Edinburgh after which Colin Earl of Argile was created Chancellour in his place The King then resolving to shew himself to his people and to fall into the exercise of his Princely authority caused proclaime a Parliament to be kept at Edinburgh the twentieth of October Whilest things were preparing for his remove the Lord D' Ambigny arrived from France of purpose to visit the King as being nigh of blood and Cousen german to his Father The King receiving him kindly after a few days entertainment at Striveling took him in company to Edinburgh when he grew into such favour by his courteous and modest behaviour as the King would not permit him to return unto France and moving his grand Uncle to resign in his favours the Earldom of Lennox he gave to him in recompence the title of the Earldom of March Soon after the Abbacy of Aberbrothock which was fallen by Lord Iohn Hamiltons forfeiture was bestowed on him and he preferred to be one of the privy Councel This suddain and unexpected preferment got him much hatred and being of the Roman profession his enemies filled the countrey with rumours that he was sent from France only to pervert the King in his Religion Notthelesse in the Parliament which held at the time appointed divers good acts were made in favour of the Church but the matters of jurisdiction which the Ministers did chiefly urge was put off to a new Commission Some moneths before the King had required them by a letter directed with Iohn Doncanson his Minister to abstain from making any novation in the Church policy and to suffer things to continue in the state wherein they were unto the Parliament approaching without prejudging the decision of the Estates by their conclusions But they neglecting the letter went to examine the conference kept at Striveling the year preceding and whereas in that conference divers heads were remitted to a further consultation they ordained nothing to be altered either in form or matter of that which amongst themselves was concluded They further called the Archbishop of S. Andrews in question for granting collations upon some Benefices and for giving voice in Parliament not being authorized thereto by the Church This did so displease the King as from that time forth he did not countenance the Ministers as in former times and upon the complaint of persons who otherwise deserved not much regard that the Church might find in what need they stood of his favour he suffered divers sentences to passe in Councel suspending their
a prisoner deceive his keepers Concerning the intelligence he kept with forain Princes for the entertaining of civil peace that he did not think the Assembly would disallow it seeing diversity of Religion made not leagues of friendship unlawful And that they should meddle with the choice of his servants he held it strange This he hoped they would remit to himself and not to be too curious in examining the occasions of their placing or displacing And where they complained that since his accepting of the government the liberties of the Church had been refringed he said that since that time more good and profitable lawes had been made for the advancement of true Religion then ever before and if any thing lacked in the execution the fault was not his For that which concerned the Church rents he answered that those things must be helped in Parliament and that he should assist the reformation thereof at his power As for the punishment of the abominations mentioned that the fault could not be imputed to him sith he was willing to give Commission to such as the Ministers should judge most fit for the execution of lawes And for Ecclesiastical Acts which his authority was said to impede he knew none of late onely he had stayed the remove of Mr. Alexander Arbuthnet from the Colledge of Aberdene to be Minister of S. Andrews which being rightly considered would not be found prejudicial to the Church nor impertinent for him to deal in Lastly for the murmur of people perverting of lawes and difference amongst the Nobility his Majesty said that he was ready to hearken to any good advice for reformation of that which should be found amisse The answers all most reasonable and proceeding from the King ought to have been well taken but the discontent they had received for the late change in Court made every thing distasteful and still the displeasure betwixt the King and Church did grow as we shall hear In the beginning of November Lodowick eldest son to the late Duke of Lennox arrived at Leth and was conveyed by the Earls of Huntley Crawford and Montross to the King who lay then at Kinneill Soon after the advertisement of the Noblemans death the King had sent the Master of Gray into France to bring home all his children But Lodowick excepted who then was 13. years of age the rest were young and not able to indure so long a journey The King receiving him with great expressions of love did presently invest him in his Fathers lands and honours committing the trust of his affairs to the Earl of Montrosse till he should grow up to maturity for his education in letters Mr. Gilbert Moncreef the King his principal Physician was appointed to attend him a man wise and of good learning Some years after two of his sisters were brought into the countrey Henrietta the eldest was married to George Earl of Huntley Mary the younger of the two to Iohn Earl of Marre to the third the King had provided an honourable match but she having vowed her self to God would not be wonne from the Cloyster by any perswasion a younger son came to the King after he went into England and was by him advanced to great honours Thus the untimely losse of their Father did turn to the childrens benefit by the constant and unmatchable kindness of a loving King In the countrey matters grew daily more and more troubled Those that disobeyed the charges given them for entering in Ward pretended the time assigned for their entry to have been so short and the distance of the place so great as there was no possibility in them to obey yet under hand they were still seeking to strengthen themselves and associate others to be of their faction To take from them this pretext the first of December was allowed them for their entring in Ward and so many as should find surety to obey had favour promised them The Laird of Braid Colluthy Mr. David Lindesay and Mr. Andrew Hay were licenced also to conferre with them and with all that had any part in the attempt of Ruthven for informing them of his Majesties gracious inclination towards all of that number who should acknowledge their offence and live obedient and peaceably from thenceforth But little or nothing was wrought this way whereupon the King took purpose to convene the Estates this 17th of December and having exponed his whole proceeding in that business an Act was passed by an universal consent of this tenour Albeit the late surprise and restraint of our person perpetrated in August bygone a year was a crime of laesae Majestatis hainous in it self of dangerous sequel and most pernicious example meriting the more severe punishment because the committers thereof for the most part besides the allegiance and common duty of subjects were specially bound to us by particular favours and benefits bestowed on them yet out of our natural disposition to clemency we resolved to reduce them by all gentle means to their duties and not only forbare to use them with rigour but made offer of pardon and mercy to such as would acknowledge their offence and continue thereafter in a dutiful obedience satisfying our selves with that moderate declaration which tended not in any sort to their detriment and prorogating days and moneths to see what they could perform Hereof we gave our promise to the Queen of England which was certified to them by divers and of late by certain Ministers and well disposed Gentlemen whom we licenced to conferre with them for perswading them of our sincere meaning behaving our selves in all this as a kind Father that seeketh to recover his children and not as a Prince that respected his estate But our lenity not having produced the effects which were wished we took counsel to assemble our Estates and make them witnesses of our clemency whatsoever might happen to their persons hereafter and now by their advice we have determined to prosecute with all rigour such of that number as shall continue in their disobedience and shall not embrace the offers of pardon made unto them In the execution whereof our Nobility and Estates convened have solemnly promised their assistance and for the greater authority both We and our said Estates have subscribed this Act with our hands Further by their advice We have ordained and ordain the Act of Councel past in October 1582. touching the attempt at Ruthven to be delete forth of the Books inhibiting all and sundry of whatsoever estate quality and degree to allow by word writing or otherwise the foresaid fact which We being now at liberty and our Estates have so publickly condemned This Act made the Earl of Rothes protested that his subscription to the Act in October 1582. approving the attempt of Ruthven for good service should not be laid to his charge seeing he did the same unwillingly and by his Majesties special command and direction like as soon after the
thereof sent his natural brother Robert Maxwel to intercept the two Captains ere they should joyn with Iohnston They encountering in the Moore of Crawford after a sharp conflict the Captains were defeated Lamby and most of his company killed and Cranston with divers others taken prisoners Iohnston left he should be thought to do nothing did then make incursions upon Maxwels lands raising fire and carrying away great spoyle which Maxwel repayed with the burning of the house of Lockwood and the slaughter of some of Iohnstons in Annandale And thus did they make warre one against another till it happened that Iohnston in a certain conflict was taken by Maxwel and made prisoner The grief of this overthrow gave Iohnston shortly after he was liberated his death but the wrath of the Court still continuing a convention of the Estates was called to suppresse Maxwel and a Subsidy granted of 20000. pounds for levying of souldiers to pursue him Thereafter all that could bear Armes dwelling on the South of Forth were commanded to be in readinesse for attending the King in an expedition that he intended towards these parts But the plague breaking out in Edinburgh did rage so vehemently all that summer as nothing could be done so the expedition was put off for certain moneths Mean while there fell out an accident which did quite alienate the Queen of Englands favour from Arran Sir Iohn Forrester and Thomas Kar of Farnherst Wardens of the middle Marches being met for restoring some goods taken from the English a tumult fell out wherein Sir Francis Russel sonne to the Earl of Bedford was killed this was laid upon Farnherst and he said to have done it by Arrans instigation for they two were at that time in great friendship And when the Queen did require Farnherst to be delivered Arran did strongly oppose it yet the King for her satisfaction did confine them both the one in S. Andrews and the other in Aberdene Arran after a little time was relieved to his house at Kinneil the other contracting sickness kept bed a long space and as was thought died of displeasure at Aberdene A man he was of an haughty spirit and had endured much trouble in the service of the Kings mother which he esteemed should have made him better respected then as he conceived he was Shortly after this accident Sir Edward Wotton was imployed in an Ambassage from England for contracting a league offensive and defensive with the King in the cause of Religion For then came that holy league as they called it to be discovered which the Pope the Spanish King the Guises and others had made to extirpate the Reformed Religion The Queen of England understanding her self to be principally aimed at found nothing better then to make a counter-league with the Princes reformed and to that effect sent Sir Thomas Bodley to treat with the King of Denmark and the Protestant princes in Germany and at the same time imployed Sir Edward Wotton towards the King The motion did so please him as presently he called the Estates at S. Andrews and having in a long and pithy speech expressed the dangers threatened to Religion with the necessity that the reformed Princes had to unite themselves strongly together procured the act following to be concluded We the Nobility and Estates presently convened understanding that divers Princes and Potentates who term themselves Catholicks have joyned under the Popes authority in a most unchristian confederacy against the true Religion and Professors thereof with full intent to prosecute their wicked resolution not only within their own estates and dominions but likewise in other Kingdomes where they can pretend no lawful power nor authority A purpose long since projected and hitherto cunningly carried but now openly manifested and in divers parts begun to be executed with hard and cruel effects And considering withall how it hath pleased God to blesse this Realm with the sincerity of the Gospel the defence whereof is the most just and lawful cause that Christians can maintain we have thought it requisite not only to unite our selves and joyn the whole forces which God hath granted us under our most religious and Christian Soveraign for the better assurance of our own estates and the more peaceable enjoying of so great a benefit but aâ—so for withstanding the dangerous course intended against all the professors of the truth we have judged it needful that a general League and Christian confederacy of Princes and States professing the true Religion should be opposed to the ungodly confederacy of the enemies thereof especially that the two Crowns of Scotland and England which nature blood habitation and the profession of one Religion hath joyned may be unseparably united by a more firm and strict League then hath been betwixt any Princes their Progenitors in times past for which effect we under subscribing for our selves and in name and behalf of the whole Estates of this Realm whose body in this convention we represent have given and granted like as we by the tenour hereof do give and grant to our Soveraign Lord King James the sixth his Council or such of them as his Majesty shall please to nominate our full power priviledge assent and authority whatsoever competent to us and to the three Estates of this Realm to treat or cause to treat conferre transact and conclude a Christian league betwixt his Majesty and his Highness dearest sister and Cousen the Queen of England and to nominate and appoint Commissioners for that purpose who shall meet at such time and place as his Highness shall agree upon with the Commissioners to be directed from his said dearest sister the nomination and election of whom we have remitted and do humbly remit to our dread Soveraign Lord faithfully promising for us and in behalf foresaid to ratify approve and confirm in the first Parliament whatsoever thing his Majesty shall agree unto or his Highnesse Commissioners in his name shall contract indent subscribe or seal concerning the said league with all heads clauses and Articles thereof which we do and have the more willingly done because of the trust we repose in his Majesties wisdom circumspection earnest zeal to maintain the truth of God against all that shall happen to attempt anything to the contrary providing alwayes that the league do not infringe or prejudge in any sort any former alliances and leagues betwixt this Realm and any other ancient friends and confederates thereof except only in matter of Religion concerning which we do fully consent that the said league be made offensive and defensive avowing and by our solemn oaths swearing neither to spare life lands houses goods nor whatsoever it hath pleased God to grant unto us in defence and maintenance thereof This Act was past on the last of Iuly with a great consent and was subscribed by the Archbishops of S. Andrews and Glasgow the Bishop of Dunkeld the Commendators of Culross Balmerinoch Driburgh
renew the former complaints of Bothwel his resset and entertainment in the borders of England and to crave his delivery according to the league But while he was pressing that businesse in England Bothwel surprised the King at home and for a while made all these purposes to sleep so as he returned without effecting any thing The occasion and manner of the surprise was this The Chancellour who had all that year been absent from Court upon a discontent the Queen conceived against him had sent to the King a Letter requesting his licence to depart forth of the Countrey since he could not with safety attend his service for that to remain at home and live deprived of his Majesties presence he said was to him a very hell which he could hardly indure promising to return at such time as his Majesty should find convenient to recall him to his service The King did shew the letter to the Queen because in the same he had protested much of his sincere affection towards her and being loath to quite him whom he had tried to be so able a servant moved her to forget all quarrels so as he would resigne the Lordship of Mussilbrugh which had bred this dissension The resignation made and the Chancellour being on the point to return to Court the Duke of Lennox by the advice of Atholl Ochiltrie and others of the name of Stewart resolved to prevent his coming by the inbringing of Bothwell The Parliament had broke up some two dayes before and the Noblemen resorting to the Palace to take their leave of the King the Gates were kept patent and lesse heed taken of those who entred Atholl with his Lady had lodged all that time in the house then pertaining to the Earl of Gowry at the back of the Palace and kept Bothwell private with Mr. Iohn Colvill one of his followers So early in the morning the Lady pretending to bid the King farewell and making her entry through the Postern Gate taketh Bothwell and his companion along with her and bringeth them unperceived of any into the Kings bedchamber The King was then private in a retiring room and when he came back and saw them stand with their swords in their hands cried aloud Treason treason They falling on their knees called for mercy Nay said the King you have dishonoured me and placing himself in his chair Strike Traitor saith he to Bothwell and make an end of thy work for I desire not to live any longer He protesting with many oaths that he came only to beg pardon and to put himself in his Majesties will the King replyed That mercy extorted by violence was not mercy and that it was not the form of supplicants to come with weapons in their hands Whilest the King was thus talking the Earl of Marre and Sir William Keith entred into the Chamber and presently after them a number of Bothwells faction who by this time had possessed the utter Court and assumed the charge of the Gates The report of this accident going to the City the people went to armes and conducted by Sir Alexander Home their Provost made towards the Palace to give the King relief but he was then become somewhat pacified and following the Earl of Marre his advice after he had shewed himself from a window to the people and given them thanks for their readiness he willed them to return to their houses attend his advertisement All that day matters were caried fairly in a sort 〈◊〉 using speeches and offering himself to trial for the consultation which began his trouble for his other misdemeanors he desired mercy excusing himself by the want and necessity whereunto he and his friends were driven But when he perceived the Kings countenance not to be towards him as he wished he changed his forms and letting some words fall that sounded not well gave divers to suspect that he should attempt some violence This did set the English Ambassador on work who being assisted by the Ministers of Edinburgh did after long travell and much perswasion induce the King to set his hand to the Articles following 1 That remission should be granted to Bothwell his friends and partakers for all attempts against his Majesties person and authority in any time past and promise made never to call or pursue him and his foresaids for any by-past fact as likewise to repossess them in their houses and lands notwithstanding whatsoever process laid against them 2 That a Parliament should be called in November next and such an Act past in his and their favours as was made at Linlithgow Anno 1585 for their greater security 3 That during that time the King should not receive in his Company the Chancellor the Lord Home the Master of Glammis and Sir George Home knight 4 That from henceforth the Earl Bothwell his friends and followers should be esteemed as good and lawful subjects and used with much favour as if they had never offended These Articles the King did in the word of a Prince promise to perform and for Bothwells greater satisfaction after he had signed the same with his own hand caused so many of the Councell as were present together with the Magistrates and Ministers of Edinburgh subscrive as Witnesses The subscribers were the Duke of Lennox the Earl of Atholl the Lords Forbes Ochiltry Spiny and Urquhart the Master of Gray M. Iames Elphinston Mircarny the Clerk of Register Nicoll Edward Iohn Morison George Fodrick and David Williamson Baylifes of Edinburgh M. David Lindesay M. Robert Bruce M. Robert Rollock M. Walter Balcanquell and M. Patrick Galloway Ministers For Bothwell it was promised that he should leave the Court and not come towards the King till he was called by his Majesty These things were done at Halirudhouse the 14 of August 1593. some twenty days after the surprise The next day the King went to Falkland attended by the Duke of Lennox the Lord Ochiltry and Chreichton of Clany a follower of Atholl who did promise to waite upon the the King unto November and debarre those others that by the Articles were not to be admitted The rest of the moneth the King stayed at Falkland and in that time Bothwell did obtain himself purged by an Assise of practising and consulting with Witches which had been the original of his mischief In the beginning of September the King went to Striveling where he had appointed a Convention to meet for taking order with the broken men of the Highlands and borders Thither came the Lord Hamilton the Earls of Marre Morton Glencarne and Montrose with the Lords Lindesay and Levingston of the Church estate the Bishops of Dunkeld and Aberdene the Prior of Blantyre and Abbot of Lundors and divers Commissioners of Burghes After some speeches concerning the borders and Highlands and the means to quiet them which was the errand pretended the King declared that he had called them to that meeting for business that touched him
promising how soon the forfeiture was past to follow forth the same Onely at the 7. he tooke exception where it was desired that the subjects should put themselves in armes upon urgent â—ccasions for he had not as yet forgotten the stirs of the year preceding and would have none to arm but upon his own warrant Withall he sent Sir Robert Melvill and Alexander Hume of North Berwick with certain instructions to the Assembly whereof one was That they should inhibit the Ministers to utter any irreverent speeches in Pulpit against his Majesties person Councell or Estate under pain of deprivation and because one of their number called Iohn Rosse had in a Sermon preached before the Synod of Perth uttered divers treasonable and irreverent speeches of his Majesty it was craved that they should censure him as his fault had deserved Another was That they should excommunicate Mr. Andrew Hunter for the scandall he had brought upon their profession he being the first open Traitor of their function against a Christian King of their own Religion and their naturall Soveraign A third instruction was That by Act of Assembly Ministers should be ordained to disswade both by publick and private exhortation their flocks from concurring with Bothwell in his treasonable attempts or any other that should make insurrection against the authority established by God in his Majesties person The last was assented unto and an Act made thereof but the censure of the Minister Rosse was carried more slightly and he onely admonished to speak in time coming so reverently and discreetly of his Majesty as there might be no just cause of complaint against him Hunter was deposed from the Ministery as a desertor of his flock and one suspected to have joyned himself with the Kings rebells but the excommunication was not pronounced The Parliament did hold at the time appointed yet because the Noblemen convened slowly 3 or 4. dayes were spent without doing any thing In end when by the excuses that divers made a greater number was not expected they that were present assembled in the Parliament house and keeping the form accustomed made choice of a number for the Articles of Noblemen there were three Earls and six Lords onely present Beginning was made at the summons of forfeiture the Letters and blanks intercepted with Mr. George Ker presented and the hand-writs cognosced by witnesses Some question there was about the Blancks and that which should have been insert in them but the presumptions were so clear as none would doubt what the subject should have been Yet the Noblemen urged a delay of the triall to a more full convention which the King would not admit knowing what misinterpretings that would make and so by pluralities of voices the crimes of Treason were found to be sufficiently proved and the sentence of forfeiture pronounced against the three Earls and Achindown their Scutcheons of Arms as the manner is torn by Herauld and they declared to have lost their honours lands and estates for treasonable practises against the King and their Native Countrey In this Parliament divers Statutes were concluded some in favours of the Church and others very beneficiall to the Countrey as the Stature made for punishment of theft robbery and oppression another against usury and a third against buying of Pleas by Judges and other members of the Court of Justice The next moneth passed in receiving the Ambassadors that came to assist the Baptisme which in the latter end of August next was performed with great solemnity from England the Earl of Sussex was sent the King of Denmark the Duke of Brunswick Megelbrugh with the Estates of the united Provinces had their Ambassadours present But from the French King there came not any though they also were expected at the day appointed for the solemnity The Prince was brought from his own chamber to the Queens Chamber of presence and laid in a bed dressed in a most stately form the Ambassadours entered into the Chamber the Countess of Marre accompanied with a number of Ladies took up the Prince and delivered him to the Duke of Lennox who presented him to the Ambassadors Sussex as having the first place received him and carried him in his arms to the Chappell the rest marching in their ranks and followed by the Ladies of honour the Mistresse nurse and others of inferiour note Before them went the Lord Hume carrying the Ducall Crown the Lord Levingston carried the Towell or Napkin the Lord Seaton the Bason and the Lord Semple the Laver. Above the English Ambassadour there was a Pale or Canabie born by the Laird of Cesford Buclerogh Duddope and Traquier The Princes train was sustained by the Lords Sinclar and Urqhart In this manner they walked toward the Chappell a guard of the youths of Edinburgh well arrayed standing on each side of the way and the trumpets sounding Being entred the Chappell the King arose from his seat and received the Ambassadours at the doore of the Quire and then was the Prince delivered to the Duke of Lennox who gave him to the Nurse After which the Ambassadours were conveyed to their places which were ordered in this manner Upon the Kings right hand a chair was set for the French Ambassadour but this was empty next to him the Ambassadour of Denmark was placed on the left the English Ambassadour and Legier did fit and next after them the Ambassadours of Brunswick Megelburgh and the States every chair had a tassell boord covered with fine Velvet and the Ambassadour of England besides the others had office men standing by him to wait The Service did then begin and upon the end thereof the English Ambassadour arose and presented the Prince to the Bishop who was appointed to administer the Sacrament This was Mr. David Cunningham Bishop of Aberdene The action finished Mr. David Lindsey Minister at Leith had a learned speech in French to the Ambassadours After which they returned to the Chappell in the same order that they came Then was the Prince laid upon a bed of honour and his Titles in this sort proclaimed by the Lyon Herauld Henry Frederick Knight and Baron of Renfrew Lord of the Isles Earl of Karrick Duke of Rothsay Prince and Stewart of Scotland This done certain pieces of silver and gold were cast forth at a window among the people and a number of Knights created at night for it was in the afternoon that the Baptisme was ministred The Ambassadours with their train and the Noblemen present were royally feasted nothing lacking that was required to such a triumph The rest of the moneth was spent in Playes running at Tilt and such other exercises as might give delight to the strangers Amidst these joyes the King was not forgetting his own serious affairs sent his Secretary Sir Richard Cockborne of Clerkinton to England to desire the Queens assistance in pursuing the Popish Lords according to the many promises made by the Lord Souche and Mr. Bowes that how soon he should
will answer that it is not their purpose presently and out of hand to enforce obedience but by fatherly admonitions and conferences to induce such as are disaffected But if any be of an opposite and turbulent spirit I will have them inforced to a conformity Neither tell me that the wearing of a surplice or using the Crosse in Baptism will diminish the credit of Ministers that have formerly dissallowed the same for that is just the Scotish Argument when any thing was concluded that sorted not with their humour the only reason why they would not obey was that it stood not with their credit to yield having been so long of a contrary opinion I will none of that but that a time be limited by the Bishops of every Diocese to such and they that will not yield whatsoever they are let them be removed for we must not preferre the credit of a few private men to the generall peace of the Church Throughout all this conference in every point that was moved or came to be talked of the King did shew such knowledge and readiness as bred not a small admiration in the hearers Chancellour Egerton wondering to see him so expedite and perfect in all sort of Divinity said That he had often heard and read that Rex est mixta persona cum Sacerdote but that he saw never the truth of it untill that day Let me adde that which I was afterward told by Richard Bancroft Archbishop of Canterbury for Whitgift died the next moneth after the conference one of the great glories of the English Church that when the Rolles were brought in of those that stood out and were deposed which was some years after they were found to be fourty nine in all England when as the Ministers of that Kingdome are reckoned nine thousand and above such a noise will a few disturbers cause in any society where they are tolerated In the March thereafter a Parliament was kept in England where the King after he had given thanks to the State for the generall applause they shewed in receiving him to the place which God by birthright and lineall descent had provided for him did earnestly move the union of the two Kingdomes that as they were made one in the head so among themselves they might be inseparably conjoyned and all memory of by-past divisions extinguished A motion that took well at first and seemed to be generally desired of both Nations but did not succeed as was wished The Parliament alwaies at his Majesties desire and for a demonstration of their obedience did nominate Thomas Ellesmore Lord Chancellor of England Thomas Earl of Dorset Thesaurer Charles Earl of Nottingham Lord high Admirall Henry Earl of Southampton William Earl of Pembroke Henry Earl of Northampton Richard Bishop of London Toby Bishop of Durham Anthony Bishop of St Davids Robert Lord Cecill principall Secretary to his Majesty Edward Lord Souch Lord President of Wales William Lord Monteagle Ralph Lord Eure Edmond Lord Sheffeild Lord President of the Councell of the North Lords of the higher House And Thomas Lord Clinton Robert Lord Buckhurst Sir Francis Hastings knight Sir Iohn Stanhop knight Vice-chamberlain to the Kings Majesty Sir George Carew knight Vice-chamberlain to the Queens Majesty Sir Iohn Herbert knight second Secretary to his Majesty Sir Thomas Strickland knight Sir Edward Stafford knight Sir Henry Nevill of Barkshire knight Sir Richard Buckly knight Sir Henry Billingsly knight Sir Daniell Dunne knight Dean of the Arches Sir Edward Hobby knight Sir Iohn Savile knight Sir Robert Wroth knight Sir Thomas Challoner knight Sir Robert Mansell knight Sir Thomas Ridgway knight Sir Thomas Holcraft knight Sir Thomas Hasketh knight his Majesties Attorney of the Court of Wards and Liveries Sir Francis Bacon knight Sir Lawrence Cawfield knight Serjeant at Law Sir Henry Hubbard knight Serjeant at Law Sir Iohn Bennet knight Doctor of the Lawes Sir Henry VVitherington Sir Ralph Grey and Sir Thomas Lake knights Robert Ashwith Thomas Iames and Henry Chapman Merchants Knights and Burgesses of the house of Commons Giving them or any eight or more of the said Lords of the higher house and any twenty of the said Knights and Burgesses of the said house of Commons full power liberty and Commission to assemble and meet at any time or times before the next Session of Parliament â—or treating and consulting with certain selected Commissioners to be nominated and authorized by authority of the Parliament of the realm of Scotland of and concerning such an union of the said realms of England and Scotland and of and concerning such other matters causes and things whatsoever as upon mature deliberation and consideration the greatest part of the said Lords Knights Citizens and Burgesses being assembled with the Commissioners to be nominated by the Parliament of Scotland shall in their wisdome think and deem convenient and necessary for the honour of his Majesty and the weal and commmon good of both the said realms during his Majesties life and under all his progenie and royall posterity for ever which Commissioners of both the said realms shall according to the tenor of their said Commissions reduce their doings and proceedings into writings or instruments tripartite every part to be subscribed and sealed by them to the end that one part thereof may in all humility be presented to his most excellent Majesty the second part to be offered to the consideration of the next Session of Parliament for the realm of England and the third to be offered to the consideration of the next Parliament for the realm of Scotland that thereupon such further proceeding may be had as by both the said Parliaments may be thought fit and necessary for the weal and common good of both the said realms A Parliament in Scotland for the same purpose was indicted to the tenth of Aprill and thereafter prorogated to the eleventh of Iuly at which time the Lords Spirituall and Temporall assembled by virtue of his Majesties Commission did ordain the persons following they are to say Iohn Earl of Montrosse Chancellor of Scotland Francis Earl of Arroll high Constable of Scotland Iames Earl of Glencarn Alexander Earl of Linlithgow Iohn Archbishop of Glasgow David Bishop of Rosse George Bishop of Cathnes Walter Prior of Blantire Patrick Lord Glammis Alexander Lord Elphingston Alexander Lord Fyvie President of the Session of Scotland Robert Lord Roxbrugh Iames Lord Abircorn Iames Lord Balmerinoth Principall Secretary of Scotland David Lord of Scone Sir Iames Scrimgeour of Dudop knight Sir Iohn Cockburn of Ormston knight Sir Iohn Hume of Couldenknowes knight Sir David Carnegie of Kinnard knight Sir Robert Melvill elder of Murdocarmie knight Sir Thomas Hamilton of Binnie knight Sir Iohn Lermouth of Balcony knight Sir Alexander Straton of Lawriston knight Sir Iohn Sheen of Curry-hill knight Mr. Iohn Sharp of Howston Lawyer Mr. Thomas Craig Lawyer Henry Nisbit George Bruce Alexander Rutherford and Mr. Alexander