Selected quad for the lemma: justice_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
justice_n cause_n court_n king_n 3,548 5 4.0704 3 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A45112 The history of the houses of Douglas and Angus written by Master David Hume ... Hume, David, 1560?-1630? 1643 (1643) Wing H3658; ESTC R398 531,313 470

There are 21 snippets containing the selected quad. | View lemmatised text

yet was he nothing inferiour in place of authority in credit and account in action and employment as we said in the beginning Nothing was done but by him and under his shadow Bishop Kennedie had the greatest vogue he upheld the Bishop by his power and by him men did come to finde favour and did seek to have credit We will set down two examples for all the rest but those remarkeable and sufficient to show of what great account and authority he hath been The one is of our own Nation the other of a Forrainer The first is in the same year 1457. the 13. of May. We heard of James Lord Hamilton a faithfull franke and forward friend for the Earle Douglas so long as he was a friend to himself by any action He leaving himself Hamilton also left him I mean seeing the Earle had lost that so sair occasion if not to cast the Dice for the Crown as the Lord Hamilton said to him yet to cast the Dice for the victory and to give or take conditions of peace which he had at Abercorne being moe in number than the King the Lord Hamilton was come in to the King upon this that same night He was received by the King but not greatly credited for he was committed to Rosselin a Castle then of the Earle of Orkneyes and afterwards say our writers freinds interceding for him he was released out of prison and received into most inward friendship Thus sarre they go but what friends these were or how the friendship was made they do not tell The Earle of Angus evidents tell us and show that it hath been he that did him this friendly office For whether before to move him to intercede for him or after in token of thankfulnesse though it be most likely it was after because it is done at Tantallon which must be after his releasement out of Rosselin he giveth to this Earle George a memorable remembrance He I say being a noble man and a notable active man besides gives him his bond of service or Manreid and that in ample forme and submisse terms excepting none but the King and Queen And that I may not seeme to speak without a warrant in so great a matter scarce to be beleeved of some and that I do rather amplifie things than set down the naked truth I will set down the very words of the band as it is extant in the hands of the Earle of Angus which now is copied word by word that every man may judge of it as he thinks good Be it knowne to all men by thir present Letters me James Lord Hamilton c. to be comen and by these presents to become Man of speciall service and retinue for all the dayes of my life-time to an high and mighty Lord George Earle of Angus Lord Douglas and Warden of the East and middle marches of Scotland foregainst England Before and against all them that live or die may mine allegeance to our soveraigne Lord the King and my band of service to our soveraigne Lady the Queen Mary now present allanerly out-tane Promising all and sundry dutifull points in bands of retinue contained to observe and keep to my Lord foresaid as effeirs for all the said time In witnesse of the which thing I have gard set my seale At Tantallon the 13. day of the moneth of May the year of our Lord 1457 c. It hath been no small matter nor small authoritie of him to whom it is given that hath moved such a man to give such a Band. His credit hath been great and Hamilton hath either received great benefit at his hand or expected to receive some I take it that he hath procured his libertie and obtained to him that favour in Court that our Writers speak of to be of the Kings inward friends I suppose also that kinred hath been of some moment to move him to it The reason of my conjecture is because we have heard before that Elizabeth sister to Margaret Countesse of Marre and Angus and Grandmother to this Earle George was married to Sir Alexander Hamilton of Cadyow as some call him by which mean this James Lord Hamilton might be third from her and the Earle of Angus and he Cousins twice removed or fourths in kin as we speak But this I referre to them that have the monuments of that House However what more honour could have been done to the great House of Douglas in the greatest grandour thereof than what is here done to the House of Angus Neither is it any dishonour to him that doth it It is but folly to think so Houses have their beginning and grouth Mine to day thine to morrow This same Lord Hamilton by these beginnings within a few years 17. or 18. at most shall lay such grounds of greatnesse as shall lift his House above any subjects to the very top of all so as to have the Crown entailed to his Posteritie and to enjoy it for a while as Regent and Governour Let us remember the changes of the world and the vicissitudes of Fortune and let every man bear with patience and hear with calmnesse either what he is now or what he was before And this for the first domestick witnesse of honour and authoritie credit and greatnesse of the House of Angus in this mans person The other amongst Forrainers was greater which is this The King of England Henry the sixth being overthrowne and put out of his Kingdome and Countrey of England by the Duke of York Edward the fourth he and his son and his Queen being come into Scotland for refuge he indents with George Earle of Angus for his assistance to help to restore him to his Kingdome and bindes himself to give unto George Earle of Angus and his heires Lands lying betwixt Trent and Humber worth 2000. Marks sterling of yearly rent 2. That he should erect it in a Dutchie and infeft the said Earle therein in as free Knight-service as any Land in England and that the Earle and his heires should be Dukes thereof 3. That in time of peace between Scotland and England it should be lawfull for the said Earle to repaire to England to his Dutchie or to Court or where he pleased with an hundred horse in train 4. And that if there happened to be warre betwixt the Countreyes it should be lawfull for him to send 24. armed men who should be under the King of England his protection to gather and up-lift for his use the rents and revenues of the said Dutchie 5. That it should be lawfull for him during the warres between the two Countreyes to serve the King of Scotland which should no wayes prejudice him in the enjoying of his Lands neither should it be a cause of forfeiture or unlaw 6. That he should not be bound to answer in person to the Parliaments of England or any other Court of Justice and that neither he nor his Tenants should be fined for his non-compearance
of times done before they would approve their innocency to the King and all honest men These reproaches and brags touched and were meant of the Earle Douglas Him it was they called Captain of theeves because of the border men of whom many were his followers That they removed him often before was idle boasting for he had abstained to come to the King so long as the King was in their custody so long as he was in the Castle of Edinburgh where they might have murthered him as they did his Cousins That he was their enemy he denied not and had just cause so to be but to take that excuse from them he gave them assurance he should not proceed against them any wayes but by order of law and offered for that purpose to goe from Court till they should come to it in safetie And to meet their reproach of captain of theeves and their boasting of the just administration of their Offices hee was ready to prove that they themselves were theeves that they had stollen the Kings revenues and distributed to their friends and converted them to their owne particular use and that they had traiterously against justice murthered his Cousins whereof he besought the King to grant him justice and so a new charge was given out and another day appointed for them to compeir Which being come and they not compeiring they were denounced rebells in a Convention kept at Stirlin the fourth of November and their goods and moveables confiscated Thereafter John Forrester of Corstorphin a depender of the Earle Douglas is sent with a power of men to intromet with their goods who having received their houses some he razed some he manned with new forces and provision and so without resistance he returned laden with great spoil Hee was scarce retired when Creighton assembled his friends and followers so suddenly as none could imagine furrowed the lands of Corstorphin together with the lands of Strabrock Abercorn and Black-nesse and amongst other goods he drave away a race of mares that the Earle Douglas had brought from Flanders and were kept in Abercorn doing more harme then he had received This may seem strange to any man neither do our Histories sufficiently cleare it either where he got these forces or whither he carried the goods They insinuate that he was aided and assisted under-hand by Bishop Kennedie and the Earle of Angus and Morton Angus was the Kings Cousin germain sonne to his fathers sister and by her brother to the Bishop Morton had married the Kings owne sister But of these the Bishops power lay beyond Forth for he was Archbishop of Saint Andrewes and the Earle of Angus further beyond Tay so it is hard to conceive either how they could suddenly assemble to their folks or that they could conveene many except such as Angus had on the South side of Forth in Liddisdale Jedward Forrest and Bonkle likewise Mortons lands and friends were most part on the same side of Forth to make assistance against the Earle Douglas But how ever apparantly they did it not openly and this it was against order against authority and against Law and if the Earle Douglas had done it it would assuredly have been called an open Rebellion against the King theft oppression presumption arrogancie insolencie and faction as we heard it was before when he contemned the Governours onely and as it will be called perhaps hereafter If men alledge that the King was guided with the Earle Douglas counsell and his name used to a particular onely tell me I pray you was there ever any thing more formally than this against Creighton And if the Earle Douglas his particular was in it what then how many actions of justice are otherwise done without instigations of private men without the mixture of their cause without their particular suiting and particular insisting and if it be lawfull to any to seek justice for his own particular the Earle Douglas his particular was such as very well became him to insist in the wrong so manifest the murther so vile and traiterous And if that which is done against the lawes shall not be accompted wrong nor esteemed to touch the King because parties have their particular in that law none or few things shall be accounted to be done against the king or against law for there is almost ever some particular joyned and the same hath been and wil be the Earle Douglas his case This therefore cannot be accounted innocencie yea no lesse then open violence and plaine rebellion and presumption against the Earle clad now with justice and lawes and against the king as protector and Patron of justice No marvell then if the Earle Douglas was offended herewith both for his own cause whom the losse touched so neere and for such manifest contempt of the King and if therefore he seeke to be avenged thereof But there was a different forme to be used according to the different actours of which we se●… there are two sorts Creighton and Levingston were open enemies open actours they themselves obnoxious to the law against them the law will strike and so he proceeded with them he besieges openly Creighton in the Castle of Edinburgh and no question he had taken from him before whatsoever was without it The others not open enemies and actours themselves they were but secret stirrers up abetters and assisters of his enemies and among them Bishop Kennedie was the chiefe plotter and deviser the law could not well be had against him he must be met with in his owne way he had done besides the law he must be met with besides the law he had done disadvowedly he must be met with disadvowedly Therefore he writes to the Earle of Crawford who with Alexander Oglebee of Innerwharitie gathered a great hoast entred life and without resistance spoiled the Bishops lands either because they could not get himself or because they had a greater minde to the bootie then to the quarrell The Bishop using his own weapons curseth them but they made small reckoning of his curses Neverthelesse shortly after there fell variance between Crawfords eldest sonne the master of Crawford and the Oglebees about the Bailliarie of Arbroth for the Monks had given it from the Master to Innerwharitie and hereupon having assembled their forces on both sides they were readie to fight it out But the Earle of Crawford having gotten advertisement came into the field to have composed the busines and trusted they would have respected him and not have offered him any violence he entred in between the two parties where having stayed his sonnes companie he was going over to speak with the Oglebees to have brought matters to a parlee and treatie In the meane time one that neither knew what he was nor what his intent was runnes at him with a spear and slayes him hereupon the battells joyning the victorie fell to the Master of Crawford there being 500. slaine of the Oglebees side Alexander Oglebee taken and the Earle
had presumed so of victory A notable example to teach men not to be over confident in things of such uncertaine event as are the warres and as our proverb is Not to sell the beares skin before he be slaine There were slaine besides him eleven Knights of good account and note Of the Scots were lost but 600. There were taken priloners a great number amongst whom were Sir John Pennington and Sir Robert Harington Knights and the Lord Percie sonne to the Earle of Northumberland whilest he helped his father to his horse who thereby escaped taking There was also so great store of spoile gotten as no man remembred so much to have beene gotten at any battell before For the English trusting to their number and the strength of their Armie together with the opinion of their enemies weaknesse through dissention and variance as they supposed had brought with them their best furniture and richest stuffe in full assurance of victorie Wallace of Craiggie being sore wounded in the fight was carried home and died within three moneths after The Earle of Ormond having gotten this honourable victorie conveyed the chiefest of the prisoners to Lochmabane and then repaired to Court where he was joyfully met and received of all with all sort of honour that could be envie it self not daring to open her mouth against him The King did highly commend him for this exploit and exhorted him and the Earle Douglas his brother That as their foregoers had often as they also had done defended the Estate of Scotland with their labours and vertue in most perillous times and had given large proofe of their valour and courage That so they would at home accustome themselves to modestie That they themselves would abstain and that they would containe their friends from injuries toward the weaker sort Their power and puissance which they had acquired by so many their great deserts towards their Kings his Predecessours and the Countrey that they would employ it rather in suppressing of robbers and disorderly men then to make new of giving way to it by connivence That this only was lacking to their full praise which if they would adde they should finde by experience there was nothing more deare unto him then the advancement of the House and Name of Douglas To this the Earle Douglas replied he being the elder brother and finding that this speech was chiefly directed to him with great submission and promised to doe as his Majestie had exhorted them and so they were dismissed and returned home to their owne houses with great honour and applause both of Prince and people to whom they had by this victorie purchased great quietnesse For neither were the English Borderers able to invade them any more nor the King of England to send downe a new Army which faine he would have done by reason of the civill warre which ensued shortly after at home So that he chose rather to have peace with Scotland in regard of the case he was then in then warre Wherefore he sent Ambassadours and obtained a Truce for three yeares the Scots thinking it no lesse expedient for them in a case not unlike to his through intestine dissention though not open insurrection against the King For notwithstanding all this service done to the King and Countrey the malice of such as were the enemies of the Douglasses was no whit abated nay their worth the more it was showne and the more brightly that it did shine it did so much the more stirre envie in their ill-willers whose secret practises still continued and whose credit in Court seemed still to increase against them Creighton who before had beene sent Ambassadour to Charles the seventh of France for procuring a wife to the King had concluded a match for him with Mary daughter to Arnold Duke of Gelders who by her mother the Duke of Burgundies sister was come of the Bloud Royall of France was now returned into Scotland with her in this yeare 1448. This service and her favour increased his credit greatly with the King which the Earle Douglas perceiving was nothing pleased with it but being discontented obtaining leave of the King he withdrew himselfe from Court seeing his errour of having beene contented that Creighton should be imployed in that honourable message thinking himselfe well rid of him by this his absence which practice of Court succeedeth sometimes happily as it did against the Boyds in King James the thirds time in the very like case yet it did not so now but turned to the greater advantage and advancement of his enemie Creighton was well contented with his retiring esteeming it his gaine to be so rid of him from the Kings eare and presence Whilest they concorded thus in their discord both willing one thing in so contrary mindes to wit the Earle Douglas absence there fell out an accident that occasioned his longer absence not from the Court onely but out of the Countrey also Richard Colville of Ochiltree was an enemy and bare deadly feud to John Auchenlech of Auchenlech a friend and depender of the Earle Douglas whom the Earle having sent for to come to him to Douglas Castle for such businesse as he had to do with him the said Richard having notice of the said Auchenlechs journey notwithstanding he knew he went toward the Earle whether stirred up by the Earles enemies at Court so to put an affront upon him or leaning to their credit for impunitie or out of impatience or presumption or contempt of the Earle in respect of his withdrawing from Court not regarding him or fearing his displeasure or anger he lay in wait for him by the way and set upon him with a number of armed men where after some small conflict Auchinlech was slaine and divers of his friends and servants with him The Earle Douglas having notice hereof the fact touching him so neerely in the person of his friend and follower in his service comming toward him and sent for by him he was so incensed therewith that whether distrusting the ordinary course of justice as wherein he might be eluded by his enemies then guiders of Court or impatient of delay or not accounting it so honourable for him nor so awefull in example to others concluding immediately to revenge it and vowing solemnly he should be avenged before he either eat or dranke he tooke horse immediately and with the readiest of his friends rode to the Castle of Ochiltree forced it and slew the said Richard Colvill and all the males within the Castle that were come to the age of men This opened the mouths of men diversly according to their diverse humours some condemning his cruelty some commending his courage some saying that he had gone too farre and done too much others that he could doe no lesse that he had just cause and that he had been ill used his friend slain his honour interessed that such kinde of justice best became him his enemies at Court tooke hold of it aggravating it to the
examined what he was and whence he came when he did not answer clearly and distinctly he was cast into prison and having lien there ten years at last he died mad The 15. of December a Parliament was held at Edinburgh where most part of the Nobilitie were present and amongst others the Earle of Huntley which when the Queen heard of she said Bothwell might as well have been there as he meaning that they were both alike guiltie In this Parliament the Queens resignation of the Crown the Kings Coronation and Murrays Regencie were confirmed their Fact was approved that had taken the Queen at Carburie and William Douglas was authorized to keep her still in the Castle of Logh-leven Things being thus settled the Regent being acknowledged of all and his authoritie ratified Religion established the fear of Bothwel removed they seemed to be in great suretie yet were they never lesse sure for these very things which seemed to make them strong and sure were the causes of change for many did envie the Regent some hated Religion and others there were that being rid of Bothwell applied themselves to the Queen whom only out of hatred to Bothwell they had forsaken Of the last sort was Secretary Metellane of the second Tillebardin who had also some particular against the Regent which Writers do not specifie The Hamiltons were of the first Rank who thought themselves injured by him and esteemed his Office due to them together with Argyle whose mother and Huntley whose wife was of the house of Hamilton These had some hopes from France where Beton Archbishop of Glasgow lay as Lieger for the Queen and fed them with faire promises of men and money Yet they carried things very closely and made shew of friendship to those of the Kings side till such time as the Queen escaped out of Logh-leven by the means of George Douglas brother to William of Loghleven and to the Regent also by his mother This George had corrupted a naturall brother of his who was often trusted by William with the Keyes of the Castle One day William being at dinner this man desired the Keyes of him as he had done divers times before to let out the Queens waiting Gentlewoman and having gotten them he let out the Queen her self in her Gentlewomans apparell and masked He also went out with her and having locked the Gates threw the Keyes into the Lake and rowed the Queen over in the Boat to the Lake side where George and Tillibarne were staying for her with nine horse onely Our Writers say it was without the mothers knowledge but others affirme that she had a hand in it being moved with pity and commiseration to see her Princesse in such estate and upon the Queens promise to preferre her sonne George and pardon her other friends that were on her contrary faction amongst which we hear no mention of Murray Morton also was left out onely it was agreed upon that his forfeiture should not prejudice their right to the Earledome of Morton This fell out the second day of May 1568. She went that night to Nidderie where by the way the Lord Seton and John Hamilton of Orbiston did meet her and the next day they went to Hamilton with 500. horse The Regent was then at Glasgow keeping of justice Courts When these news were brought to him some counselled him to go to Stirlin where the King was and where he would be the stronger But William Douglas of Drumlenrig not having the patience to stay till it came to his turne to speak and before his opinion was asked If you do so my Lord sayes he I will get me straight to the Queen as Boyde hath done For Boyde indeed was gone to her with intention as he would have made them beleeve to play Husha's part for he wrote back to Morton by his sonne that he would be more steadable and do them better service being with her than if he should remain with them There is a Proverb a foot backward a mile backward a mile a million and so never forward Whereby is signified that there is much moment in the beginnings and first efforts and great danger in recoiling and letting slip the present opportunitie So thought Drumlenrig and the Lord Semple also was of his minde Morton did confirme their opinion and reduced at large how necessary it was for them to stay still in Glasgow shewing that it was their best to make all the haste they could that their safetie did consist in celeritie in regard that so soon as it were known that she was at libertie the opinion of her authoritie and name of a Queen would daily draw more and more followers to her especially seeing the most remote parts of the Kingdome were most affectionated to her service We are enough here said he together with the Towns men who being enemies to the Hamiltons we need not doubt of their fidelittie to keep this place and make it good against them The Cunninghames and Semples potent families are hard at hand and so is the Lennox the Kings own patrimonie Neither is Douglas-dale very farre off nor Stirlin-Shire and the Earle of Marres Forces These will suffice to oppose the enemie till such time as our friends that dwell further off be advertised Mortons judgement was respected and his opinion followed whereupon messengers were immediatly dispatched and sent into Lowthian and the Merse and other parts which lay farre off to give them notice of their danger and of their intentions and to desire them to make all the haste that possibly they could to come to their aid and assistance The first that came was the Lord Hume with 600. horse the ninth of May upon his arrivall they intended to go directly to Hamilton and dare the enemie and force him to fight But that same night ere morning word was brought them that they were gathering their forces and mustering their men to take the fields for having gotten together 6000. men and knowing by certain intelligence that they were not above 4000 with the Regent confiding in their number they purposed to carry the Queen to the castle of Dumbartan where she remaining in a place of safety they might manage and prosecute the warre according to their pleasure and either use expedition therein or draw it out at length and linger as they should see cause and finde it most for their advantage The Regent ghessing what their aime was led also his armie forth into Glasgow-Moore supposing they would have gone that way but when he saw them on the South side of the river of Clide he made haste and crossed the river at the Bridge and Foords to be before them in their way I have heard it reported by those that live thereabout that the Queens Souldiers did essay to passe the river and come to that side where the Regent was but one or two of the foremost being slain by his men the rest refused to
warrant from the text the drift of which is clean contrary not to extoll or lift them up but to abate their pride and to humble them not to secure them but to terrifie them not to exempt them from death the lot of other men but to let them know that they are subject to it as well as others and to threaten them therewith Wherefore let men build up Power and impunitie to Tyrants upon what other place of Scripture they please I dare affirme that this place is most unfit for it For here there is never a word of Obedience never a word of Impunitie but by the contrary of punishment Oh but it saith I have said ye are Gods True but it saith also Neverthelesse you shall die which two being put together the one shewes them their duety Do justice as God doth the other threatneth punishment Te shall die if ye do it not But they will say that this threatning is from God and therefore God indeed may and will punish but man may not I answer the Text makes no mention whether God will punish them immediately or by the hand of man but however that be the scope of the Psalmist is to humble them and hee who from thence doth gather any Prerogative or impunitie to them gathers that which is contrary to the Text. Now to come to the particulars of the Sermon To what use was it at that time to preach Obedience to Tyrants was it not sufficient to have preached Obedience to good Kings And to have showne his Majesty to be a good King if he thought that any man doubted of that point which was more honourable for his Majestie more beseeming a Preacher more easie to perswade then to roote out the inveterate opinion of the lawfulnes to resist Tyrants Concerning his Arguments 1. Was the first solid God sitteth in the assembly of Gods therfore Tyrants sit in the seat of God though it were true yet it followeth not and it is even like to this The King sits in the Assembly of the Lords therefore the Lords sit in the Kings seat As on the contrary The King being present doth sit in his owne seat and the Lords do rather sit in his seat when he is absent then when he sits in the Assembly amongst them Also as I have said the presence of God is there mentioned not to authorize but to controll them Neither doth the Text inferre Therefore obey them there is no word of that there but Therefore they shall die Because God sits and sees them eyes them and perceives the wrong they doe and how they abuse their power which is a contrary illation to his and farre more consonant to the Text. 2. His second Argument was The people of God are commanded to obey Nabuchodonozor who was a Tyrant therefore all Tyrants should be obeyed How hard an inference Of a particular extraordinary to gather a generall ordinary rule If wee allow of this kinde of arguing it will bee replied God commanded Jehu a private man to slay Achab a Tyrant therefore private men ought or may slay Tyrants 3. His third David did not slay Saul therefore no man should lay hands on a Tyrant how loose is it from example or authoritie negative 4. But the fourth God placed the Tyrant in that place therefore no man may put him out of it though his Tyranny bee never so great what doe you thinke of it A mans goods are taken from him by a briggand who doubts but God hath given them into the briggands hands But doth it therefore follow that no man not the Magistrate may take them from him againe because God hath put them into his hands yea who knowes but God hath cast them into his hands for that end that they may bee taken out of his hands and hee punished for it Besides this inconvenient will also follow hereon if an usurper shall once get himselfe place in a Kingdome no man by this reasoning may ever dispossesse him again to repossesse the lawfull King because without all doubt God hath placed him there This were a maxime very prejudiciall to lawfull and rightfull Kings 5 The fifth was a Simile which all men know are ever lame and doe halt some way yea those which he used are brought by others to prove the contrary 1. For even Children are sometimes made free from their Parents by the civill law Romane 2. And Servants from their Masters by Gods Law given to the Jewes as If his eye bee beaten out let him goe for his eye 3. Wives are divorced and freed from their husbands if the essentiall knot and tie of matrimonie bee violated and broken why then may not the tie we have to Tyrants be taken away If the Essentiall cause of obedience the image of God justice be violated and cast off by the Tyrant why may not the obligation of obedience cease And this for his Arguments which you ●…ee how frivolous and weak they are As for his conclusion Men may not put hand in Tyrants it can never be deduced from his text There is only one word which seemes to make for him I said ye are gods but the next words say plainly Neverthelesse ye shall die whereby it is clear that this appellation of gods is not given them to free them from punishment but to put them in minde of their duty which when they neglect they lose the name and are lyable to the punishment So that according to his owne forme of reasoning if it follow from hence that because God hath placed them in that place to doe justice therefore men should not take them out of it though they prove Tyrants it will follow farre better God appoints them to die because they doe not justice therefore they must die therefore men may make them die when they become Tyrants in stead of being gods Which kind of reasoning if he think not to be good then must he quit his own reason and leave this passage as neither making for him nor against him neither exempting them from punishment in calling them gods which showes but what they ought to be of dutie nor yet giving expresse command for men to slay them in this other word ye shall die which showes onely what God will doe in his justice He alledged as others also doe in this cause that the thing which moved him to broach this conclusion was because that if a liberty to kill or disobey Tyrants be granted unto men then good Kings shall not be obeyed nor sure of their owne lives because seditious or ambitious men of which there are enow will call a good King a Tyrant But your Lordship may consider the futilitie of that pretext for by the same reason all lawes are taken away and all punishment of vice and wickednesse For where the law ordaines theeves to be punished an unjust Judge may call an honest man a theefe and if we allow blasphemie to be punished a Jezabel will finde meanes to
father bearing the heat of the day for him while he is at ease and securitie with watching hunger thirst cold and great effusion of their bloud to make the Kingdome peaceable to him choosing to adventure their lands their lives and whatsoever worldly thing is deare unto men rather then to abandon him and follow his enemies with ease and quietnesse under whom they might have lived a peaceable life if they would set aside regard unto their honour and duetie Such is the force of the love of Subjects beyond all strength of men and riches of treasures onely able to bide a stresse and hold out As may bee seen by this example to bee remarked greatly by subjects and entertained above all treasure by Soveraignes and to be accounted a chiefe yea almost the onely point of true policy to love and make much of all men and most specially their Nobilitie that they may in such their Princes straits when they shall happen endure the better as these men did which they could not have done if they had not had authority and dependance and so been respected by their inferiours who so would diminish this authority in Noblemen abasing them too farre and making them suspect to Princes and not safe for them they erre greatly in policie and unadvisedly cut the props of the Princes standing which being brangled but a little his Kingdome is easily bereft him all authoritie going away with his owne person It fell well out with King David Bruce that these Noblemen were not so and therefore the more able to doe so great things for him After these things they sent Ambassadours to desire King David to come home and so hee did the 2 of June that same yeare His first Act was carefully to inquire for and gratefully to reward such as had suffered in his service a prudent Act But allas the mal heur it falleth often out that Princes know not all things and ere they be informed they many times conclude The cause of many errours and much mischief hath happened thereby as it fell out here We have heard how the Lord of Liddesdale amongst many his notable services had in speciall expelled the English out of Tividale and diverse other places by his wisedome and valour and was therefore rewarded with the same lands which he injoyed afterwards as his rightfull inheritance from thenceforth he so used it as in a manner conquered by himself He was Wairden and so defended it defending ministred justice and discharged the place and office of Sheriffe having wonne it from the enemy This hee did with the tacite consent of the Countrey and by allowance of those that were in authoritie Thus being in possession and trusting to his deserving towards King and Countrey and the Nobilitie of his bloud and potencie of that house he was come of he looked for no competitour in that which he had taken from the enemy And not knowing or not caring for the Law as is customable to Martiall men or perhaps being prevented being slower in going to King David or on some such like occasion the Sheriffe-ship is given from him to another Alexander Ramsay was amongst the first that welcomed King David at his return and was received kindly as hee had merited and much made of by him who for his service gave him the keeping of the Castle of Roxbrough and together with it whether of the Kings owne free and mere motion or any other suggestion or by Ramsayes procurement the Sheriffe-ship of Tividale very unadvisedly if hee knew Liddesdales interesse very ill formed if he knew it not Very imprudently say our Writers who blame the Kings indiscretion for giving it from William Douglas Lord of Liddesdale to Alexander Ramsay and for withdrawing of it from so worthy a man so well deserving to whomsoever for that was to make a division among his owne so it proved for VVilliam Douglas of Liddesdale tooke it very highly that Alexander Ramsay should be preferred before him to that office But hee was chiefly incensed against the taker of it as having done him a great indignitie which makes it apparant that hee hath not onely accepted of it but sued for it therefore set altogether on revenge he suppressed his ire for that present But after some three moneths as Alexander Ramsay was exercising the office in Hawick and looked for no such thing hee set upon him and having slain three of his men that stood to the defence of their master hee hurt himself and casting him on a horse carried him to the Hermitage where hee died of famine according to the testimony of sundry of our Writers and the black booke of S●…ne where it is showen that hee was taken the 20. of June and keeped seventeene dayes without meat save that some few grains of corne which falling downe out of a corne loft which was above him were gathered by him and eaten Such is the unbridlednesse of anger justly called fury to be greatly blamed in him yet they marke the cause thereof the Kings unadvisednesse in procuring thereby the losse and ruine of so worthy a man of war farre from his fathers prudencie and probitie The King not acquainted yet with military dispositions was marvellously moved therewith and purposed to have punished it exemplarily to deterre others from doing the like and therefore caused search very diligently to have apprehended Liddesdale but in vain for hee withdrew himself to the mountains and desert places and in time obtained pardon by the sute of his friends of whom he had purchased good store by his worthy acts for the liberty of his Countrey Among whom Robert Stuart the Kings sisters sonne was his speciall good friend That which most effectually served to procure him favour was the magnificke but true commemoration of the great exploits atchieved by him the consideration of the time in respect whereof the peace being uncertain without and things not very quiet at home military men were to bee entertained and used with all favour By this occasion he did not onely obtain pardon for his fault but hee got also the gift of keeping of the Castle of Roxbrough and Sheriffeship of Tivedale and all other his lands in Tivedale or elsewhere restored to him which the other had and which were the cause of the slaughter This clemencie of King David was perhaps profitable for that time but pernicious in example This fell out as hath been said three moneths after the Kings coming home and therefore in October or perhaps in September at the head Court in Hawick His pardon was obtained and his peace made with the King a little before the battell of Durham which was in the yeare 1346. the 17. of October So as hee hath beene three or foure yeares a banished man After his returne from banishment finding the King bent upon his journey against England he wisely and earnestly disswaded him and did exhort him first to take order with the discorders at home and
know not But if this were indeed it is so memorable that it deserveth not to bee passed over with a dry foot as wee say and without observation For who can but wonder at so rare a fact betwixt a father and a son as the like is not extant elsewhere in any Record or History and hath not beene heard of I thinke since the world stood That a man to spite his sonne should quite a Kingdome whereof hee was possest and saw no other appearance but to enjoy it still I confesse there hath beene much unnaturall unkindenesse in the world whereby they have procured the death and destruction of those whose safetie they were tied by the bonds of nature to maintain but that hath beene for their owne honour and dignity to obtain the place or continue in it which men doe so much aspire unto but that their unnaturall despight should reach so farre as to undoe themselves and to quite a Kingdome for obtaining and retaining whereof ambitious men turne the world upside downe onely to satisfie a passionate humour or malice conceived against their owne childe let him that can parrellel it and put this up in his note booke for a second instance at least It was for love of his Cousin for respect to equitie out of duetie to God and love of his Covntrey which he saw hee himselfe could not and his son would not govern rightly and therefore thought fittest to resign it to him that both could and would doe it it was a good sober wise and worthy thought But then our Writers doe him wrong that never signifie that such was his minde no not in the least word and mention onely his owne anger and the instigation of Coline Campbell a chiefe man in Argyle who blew the coale out of a private spleene against Walter who had done him some injury but however it were whether his spight moved him to do justice or desire to do justice caused despight he threatned to do it to his sonne and performed what he threatned for he sent Ambassadours into England to have the King released of which this Archbald was chief about the time of his very first coming to the Earledome He with his two Colleagues William Hay Constable and Henry Bishop of Aberdene carried the matter so wisely that they brought it to a conclusion which was the more easily effected because King James married a Lady of England without portion which they thought would move him to forget any wrong he had received by their injust detention The Ambassadors also condescended upon a ransome to be payed though none were due from him who never was lawfull prisoner So at last hee was released came home and was crowned King the 22. of May 1424. We have heard hitherto the rise of the house of Douglas and the continuall increasing thereof by their great deserts with the approbation and applause of all men with the good will and liking of their Princes for the space of many yeares their Princes delighting to imploy them and they endeavouring to serve their Princes and their Countrie to the uttermost of their power with a good harmony and happy agreeing on all sides Let us now bee contented from henceforth to find the world to bee the self still that is rolling and tumbling by perpetuall vicissitudes and changes for though this house shall yet grow up and to a higher pitch then ever yet this concordance shall not continue so full but shall beginne to have some jarring their Princes being jealous of them they standing in feare of their Princes sometimes in favour sometimes out of favour sometimes imployed and sometimes neglected having mens affections sometimes towards them sometimes averse from them liking and disliking by turnes and fits They also for their parts were now well-contented then malecontented now dealing in affaires then withdrawing from all medling in State businesse from whence did spring discords imprisonments banishments slaughters which things beginning in this mans time at his committing strangenesse and discontents continued in the next and proceeded in his sonnes time to his putting to death and was transferred as hereditary to his successours with many interchangings of smilings and frownings of fortune and Court which at last ended in that fearefull catastrophe of the finall ruine of this flourishing family in the yeare 1483. which troubles continued the space of 59. or 60. yeares beginning at King James the firsts return into Scotland For the very first yeare of his reigne this Earle Douglas is committed to ward but is soone released and then within some few yeares was committed again For his first commitment there is no cause thereof recorded onely the time thereof doth furnish some matter of conjecture together with other circumstances set downe As for the time it was when Duke Murdocke and his sonnes Walter and Alexander and their Mother and her Father Duncane Stuart Earle of Lennox were committed The circumstances are that he was not alone but with him twenty foure Earls and Barons were committed likewise amongst whom there were some of the Kings owne speciall friends and kindred as William Earle of Angus who was the Kings sisters sonne and so Duke Murdokes Cousin The Earle of Douglas was also allied with him for Robert the Governours son John Earle of Buchan had married Douglas sister and there had been cor-respondency and friendship betwixt the Governour and Archbald the Grimme as also Archbald Tyne-man this Earles Father and Grandfather and Buchan and this Earle had been fellowes in Armes together in France at Baugue as also Buchan and Archbald Tyne-man were slain together at Vernoill Likewise the Earle of March who had been restored by Duke Murdocks Father and had kept good friendship with him and his sonne after his restitution Robert Stuart of Roth-house Stuart of Dundonald John Stuart of Carden being also of the name of Stuart and all in some neernesse of blood to Murdock as the King himselfe also was The rest Hepburn of Hailes Haye of Yester Ramsay of Dalhousie Haliburtoun of Dirleton we finde to have beene dependers of the houses of Douglas and March and the rest also Walter Ogilbe Alexander Seiton or Gordon Haye Arroll Scrimger Constable of Dundee have beene friends and followers of the house of Douglas as wee find they did assist and accompany them in diverse battells and have also perhaps had some friendship with the Duke or his Father in law as commonly the Nobilitie are allied and of kinne one to another Who therefore thought they were willing that their lawfull and rightfull Prince should enjoy his owne place would not agree so easily to the putting to death of those whom the King was resolved to make out of the way Now what it was that moved the King to this course whether desire to be revenged of the cruelty of Robert the Governour their Father toward David D. of Rothsay his elder brother or for his mis-demeanour and undutifusnesse towards his Father Robert the
against ill men and the bare name of authority is of weight in the eyes of men as the name of theft odious from any countenancing whereof Noblemen should be farre as also from seeming to rise against any manner of Authority though Authority bee put even in mean mens hands as these were chiefly when the opposers of Authority can make no other end appeare but their own private and that blotted with the enormities of broken men yet what shall be given to a just anger what unto the time what unto youth all these plead pardon if not approbation The rather for that he taketh up himself from that sort of doing so soone as hee can get a right King to whom he might have accesse and to whom he might yeeld with honour which was ere long The next yeare 1444. the King taketh the government on himselfe directly Thither immediately the Earle Douglas concludeth to addresse himselfe and by all good means to obtain his favour to satisfie the people to satisfie all men that were offended and fully to change that course he had before followed Certainly repentance is worth misdeed and it may bee seen that the force of enmity hath driven him into these faults which as soone as he can he layeth aside So coming with a great company to Stirlin he deales with the King by the intercession of such as were about him and finding that he was appeased goeth on and puts himself and his estate in his Princes will partly purging himselfe of the crimes past partly confessing them ingeniously and telling him that what ever estate he should have from that time forth hee would owe it to the Kings clemency and not ascribe it to his owne innocency That if the King would be contented to be satisfied by good Offices hee would endeavour not to be short of any in fidelitie observance diligence and good will towards him That in repressing and punishing of theeves whose actions his enemies laid upon him there should no man bee more severe nor more carefull That he was come of a house that was growne up not by doing injuries to the weaker but by defending the weaker and common people of Scotland by arms Certainly a true conclusion undeniable by his greatest enemies But I have thought good to set downe all as it was conceived for whether there was any fault or not his submission was great and his repentance sufficient to purge it whatsoever it were Such is his respect to his soveraigne Prince and such the force of authority rightly placed in the due owner thereof And such was also the force of truth in his speech that the King understanding that it was true in his predecessour and hoping it would be true in himselfe moved also by the private commendation of his Courtiers not onely passed by and forgave what ever had been amisse in his life before but also received him into his most inward familiarity and did communicate unto him the secrets of his counsell Neither was the Earle unworthy thereof for his part but behaved himselfe so well that within a short time hee acquired the favour of the King by obedience of his Courtiers and servants by liberalitie and of all men by gentlenesse courtesie and modestie and put the people in hope that he would prove a meeke and sober-minded man The wiser sort doubted say our Writers whither so sudden a change would turne But why should wee thinke it a change or if it were a change it was very casuall very apparant and nothing to be wondred at for it is this in effect he had been untoward to base men why should he not yeeld to his King hee had slighted the shadow of authority in them why should he not acknowledge and reverence the beames of it in his Prince he had beene froward to his enemies why not gentle to his friends he had sought to make them smart that wronged him why not cherish those that did him good offices he had warred on them that had warred against him why should hee not keep friendship with those who kept friendship with him certainly these are not changes neither of nature nor of manners but are commonly wee fee in one and the same nature and proceed from one and the same cause which is greatnesse of courage and regard of due honour The greater despiser of basenesse the greater reverence of true greatnesse the greater repiner against compulsion the gentler and calmer being used courteously the harder enemy the faithfuller and sweeter friend so that wee may suspect these mens wisedome that did so farre mistake his true courage and accounted that a change which was but a continuation of his inbred disposition Two men are designed to have taken fray at the matter whose consciences were guilty of what they had deserved Alexander Levingston and William Creighton not for the change of his manners but for the change of his credit They had traiterously slain three innocent Noblemen his two Cousins and Malcolme Fleming They had kept himself back from his Prince and his Prince from him and were sory that ever they should have met in a friendly sort They would have been glad to have blowne the bellowes of dissention to have irritated the one and misinformed the other made their owne quarrell the Kings and so have caused the King and Countrey to esteem of it They were now disappointed of that and the Earle had accesse to informe the King of their misdemeanour in their Office and to move him to call them in question for it They knew hee would remember the wrong done to his Cousins they knew how unable they were to answer for many of their facts and therefore they retire themselves from Court Levingston to his owne house Creighton to the Castle of Edinburgh which hee had still in his keeping Neither was the Earle Douglas negligent in this oecasion that was thus offered to seeke justice by law and by justice to be avenged of his enemies for the wrong done by them against law Wherefore he diligently informed the King from point to point of their misbehaviour in their Office how they had abused him abused his rents to their owne private use and moved him to call them to an account thereof whereupon being summoned to a certain day they durst not compeir but to set a faire face on the matter they answered by Procuratours or by letters That they were ready to give an account of their government that they had beene very carefull of the King and Countrey desired nothing so much as to give an account thereof before equall Judges But for the present when the minds of men were preoccupied with the favour of their enemies and all accesse closed with armed men the King behoved to pardon that they did eschew not to come to judgment but to come in the danger of their deadly enemies and keep their lives for better times when the Captain of theeves being removed from the Kings side which they had
and though he had some colour of justice yet it tasted not so much of justice as of malice no not of indifferency which would be injustice having eye to the due circumstances so much as of partiality joyned with contempt of the King and his equall request and so it was constructed and gave more just occasions to his enemies surmising and the increasing of the Kings indignation which by yeelding and remitting a little of his priviledges and showing respect to the Kings entreaty he might have mitigated in some measure and that without any danger he could have incurred by the said Lord Harries enmitie although he should have been his enemy and perhaps he might have regained him to his friendship by remitting the offence The other fact which ensued upon this not so unjust but made as odious as carrying the odiousnesse of the other with it was Macklalane Tutor of Bombee the chiefe of that name and one of the principall houses in Galloway falling at odds with a servant of the Earle Douglas had slain him and was therefore with his brother who was partaker of the slaughter apprehended and put in prison in the Trevie a strong house belonging to the Earle His friends made means to the Courtiers and by them to the King informing him that Douglas carried a spleene against the man more for being a friend a favourer and follower of the best side so they called their owne then for killing of the man wherefore they besought him that he would not suffer a Gentleman of his rank who was also a good man otherwise however that had fallen out in his hands to bee drawne not to judgement but to certain and destinate death before one who was both judge and party By this and such like information whereby the eares of Princes are deceived while men go about to withdraw their friends from due punishment they perswade the King to send for Bombee and take the triall and judgement of him in his own hands desiring the Earle Douglas that i●… he had any thing against him he should come and pursue him before the King Amongst the furtherers of this sute Patrick Gray of Fowls uncle to the Tutor was chiefe he was directed with the Commission as one that both would be earnest therein being so neare to the party and would also bee respected being some way in kinne to the Earle Douglas having notice of his Commission and perceiving thereby they meant no other thing but to defraud him of justice for killing of his servant which he thought he could not suffer with his honour that he might doe what hee had determined the more calmely and with the 〈◊〉 offence as hee thought he courteously received the said Patrick Gray and intertained him with diverse purposes and caused the Tutor in the meane time to be tried by an Assise and being condemned to bee quickly conveyed a mile from thence to a place called Carling-work and there executed Afterward when Patrick Gray ignorant of what was done had delivered his Commission from the King he answered he was sory he was come too late and then told him what was done and desired him to excuse him to the King When he heard that and saw himselfe so deluded he presently in a great chafe and rage renounced all kindred and friendship and whatsoever band besides might seeme to tie him to the Earle vowing that from that time forth he should be his deadly enemy in all sort and by all means he could which the other little regarding dismissed him But however he little regarded it the French Proverb proveth true and is worthy to be regarded of all men That there is no little enemy for he had the power to be his death afterward with his owne hands and plotted it by his Counsell or set it forward being plotted and devised by others for being come to the King and relating the issue and effect of his message all was by him and the other Courtiers of the faction aggravated in the most haynous sort That the Kings commandments were contemned eluded and mocked That it was likely that the Earle Douglas was King That doubtlesse he aimed to be so yea hee behaved himselfe already as such That that was the meaning of his private conference with the King of England on that ground he gave licence to slay so many honest men to spoil and robbe That innocency now was contemned for brutishnesse faithfulnesse to the King punished for unfaithfulnesse That by the Kings indulgencie the common enemy was become insolent That it became him once to take upon him his place as King and do things by authority and by his power that then it would appeare who were friends who were foes These and such as these were the speeches of the Courtiers and interpretations of his actions such as it pleased them to make following their humour of faction or judgement But they neither considered the equitie that was done in punishing bloud by bloud nor the authority by which it was done for hee had authority and sufficient jurisdiction of old granted to him and given by former Kings to his Predecessours and their Heires for his service Neither did they observe what order and formality hee kept in his proceedings nor his honour interested in the revenging his servants death Neither what scorne to him it was on the other part if he had sent the party having thereby his priviledges infringed his servant slain and no satisfaction for it but to bee eluded by a Commission purchased by his enemies justice defrauded and the guiltie pulled out of his hands and by their credit with the King procuring him to hinder justice who should have beene the furtherer of it onely upon their particular private motion and by their factions inclining of his Majesty that way Upon these considerations what had beene more extraordinarily done would have beene excused by the same men in another then Douglas Now in him though done orderly it is thus traduced aggravated exaggerated amplified and named contempt of the King and affecting 〈◊〉 Crowne Such is the misery when Princes are moved by parties to command or request things that are unjust there being perill and inconvenients either in obeying or refusing their requests receiving hurt and prejudice in their rights scorne of their adverse party or denying to offend whom they would fain serve and happy is that man that can steere aright betwixt these rocks Happy hee who falleth into the hands of such a Prince as measureth and moderateth his commands according to equitie or if they bee inique when it falleth out so for what Prince may not fall into such weaknesse who tempereth his passion and moderateth his minde in the just refusall thereof taking it in good part and accounteth not his authority contemned when an unjust command is refused by his Subjects Whether it were on the displeasure of this fact or jealousie conceived of this and other actions of the Douglasses it is hard to
discerne but so it was that his enemies making use for their owne ends of the Kings credulous suspition prevailed so farre that they perswaded the King to resolve to make him away and seeing it could not bee done by open force in any sort it could bee done whereof when they had advised of all the meanes they could this they found to bee the most expedient way that hee should bee sent for to Court by faire promises and being come the King should enter into termes of quarrelling And thereupon they that were appointed for the purpose should dispatch him So they caused a certain Courtier of their faction but such an one as was free from all suspition of bearing enmity to the Earle to addresse himselfe to a Gentleman who was Douglasses friend and to shew him how Creighton was retired to his owne house and that in his absence it were fit the Earle should take that good occasion to come and see the King with whom hee might bee assured to finde favour if hee would crave it humbly and this hee told as a great secret not to bee revealed but to his Lord and dealt earnestly with him to follow this advice The Gentleman beleeving went and dealt very earnestly with his Lord but hee suspecting Creightons craft and having the murther of his Cousins before his eyes flatly refused to goe thither where he had so many enemies so potent and of so great credit and some of which had not long agoe lien in wait for his life unlesse hee saw assurance of his life and liberty Hereupon he was directly sent for to come to Court with promise of all freedome and with assurance under the broad Seal and to remove all feare doubt that he could conceive the Noblemen that were present at Court were moved to send a warrant to him subscribed with all their hands and sealed with all their seals with the greatest oathes and protestations interposed therein that could be and not onely so but every man wrote his owne particular letter apart assuring him of the Kings good will and further promising him that if it should so fall out that the King would be so disposed as to breake his faith and promise and to interprise any thing against his person life lands or liberty they should send him home safe neverthelesse What could hee seeke more at their hands Or what could hee devise more And who would have doubted after such assurances Yet that hee might not onely repose upon his enemies credit all his safety hee accompanieth himselfe for his honour and suretie with as many as might secure him and keepe him free from being in danger of any private mans forces So relying for the Kings part upon his safe Conduct and the Nobilities credit interposed therewith hee cometh to Stirling where the King was well attended and followed by his friends ●…nd servants but in a peaceable manner being come into the Kings presence after some sort of admonition to lead a more peaceable and orderly life hee seemed to pardon him what ever was past and kindely invited him to supper in the Castle After they had supped cheerfully and merrily together the King taketh him aside and leadeth him into an inner roome where there was none present besides them two and Patrick Gray of whom wee spake before how of his friend and Cousin hee was become his enemy for the execution of the Tutour of Bombee There the King beginning his speech from the valour and loyall fidelity of his Predecessours came shortly to his owne indulgencie towards the whole Familie and towards himselfe in particular Then sharpely upbraiding him how oft hee had pardoned him and what insolencies hee had committed Douglas answered submissively and craved pardon for what hee had offended against himself in any sort saying his intention was not against him but against his enemies That as for others that would complaine hee was ready to satisfie them according to justice and at the Kings owne pleasure There rests yet one thing saith the King the League betwixt you and the Earle of Crawford and Rosse I will have you presently to quite it At that word the Earle was somewhat astonished at the first yet gathering his spirits again hee answered that for him hee knew nothing wherein that League could bee offensive to his Majesty seeing that all duetie to him was especially reserved The King replyed I will have you presently to breake the same Douglas answered that if hee would have him to doe so hee would bee pleased to give him leave to advertise the said Noblemen and then hee would doe it otherwise hee would bee accounted a faith breaker if having entered into friendship with them hee should forsake them not giving a reason why And therefore besought him to have patience The King replied in an angry manner speaking aloud If you will not breake it I will And with those words hee stabbed him in the breast with a dagger At the same instant Patrick Gray struck him on the head with a Pole-axe The rest that were attending at the doore hearing the noise entered and fell also upon him and to shew their affection to the King gave him every man his blow after hee was dead Thus died he by the hand of the King but by the practices of his enemies they being the choise movers and the king yeelding to their motions as if it had been his quarrell for so they made it seeme to him whereas indeed it was but their owne particular or if his it was but thus farre his that he tooke it on him as his espoused theirs as his owne and imbarked himselfe therein A common practice of Courtiers who have Princes eares what ever is contrary to their will is all against the King is all presumption is all high treason whereas indeed they are oft times themselves his greatest enemies what ever shew of service and affection they make and they whom they call his enemies farre more heartily affected to him They make the King alwayes wed their quarrells beare their errours and the whole hatred and envie of their enemies and oft times drawes him into great absurdities besides and contrary his owne naturall disposition to his great disgrace or diminishing his grace in the eyes of his Subjects not without great perill of his life and estate Happy the Prince that can rightly take up and rightly discerne the quarrells which are indeed his owne from those which others would have him thinke to bee his owne and so understandeth the disposition of his Subjects that hee account not all that is against his Courtiers is against him or all that is done by his Courtiers is done for him These Courtiers had gained this point of the King and by that mean had brought him to doe that hard fact against this man as his owne enemy as one aspiring to his Crowne where indeed never any such thing appeared to have been intended by him or aimed at but onely revenge against his
private enemies And for the other crimes that his enemies alledged against him small presumptions cold conjectures and no appearance there was of them But above all this the greatest pitie is that they had power to bring such a King to commit such a fact contrary to his faith and promise solemnely sworne and sealed by himselfe and by his nobility to breake the bonds of all humane society It is worthy the considering to see their pretences and arguments set downe by Writers which they used to move and induce him to consent and yeeld to this strange and unnaturall fact A Paradox in truth though a Maxime in Matchivellisme one of them is Necessitie for they make him beleeve first that the Earle Douglas did aspire then that hee was so powerfull that there was no other remedy for his aspiring all they bring is but weake presumptions and for his strength and power hee was strong enough indeed to defend himselfe against his enemies or an unjust force and violence but it had beene another matter unjustly to have invaded the Kingdome for which hee was not so strong as justice and a just title to a Crowne which are of great force and against which that force which otherwise and in another case may bee great will prove nothing for God hath given his image of authority with it which so affects the hearts of men that they cannot but regard it and this image being imprinted in their hearts is not easily abolished but by very enormous faults and even s●…rce by any faults though never so extraordinary So that it was errour in them to thinke or craftinesse to perswade that there was no remedy in a just authority to defend it selfe by it selfe and without forgoing it selfe and becoming injustice and that in such a hatefull manner Whereas by the contrary this their way was not so safe and so certain a mean to defend himselfe but had almost been the meane to deprive him of what hee would have had men thinke hee preserved by it that is his Crowne for the fact being so vi●…e and base it not onely moved the friends and followers of the Earle Do●…glas his house to rebellion but also incensed the whole common people for that if his brother who succeeded had beene as politicke as hee was powerfull the King might have beene set beside his Throne And as it was he was once in a great brangling and had resolved to quit the Countrey had it not beene for James Kennedies counsell who was Bishop of S. Andrewes so farre was this fact from establishing his Throne as they made him beleeve it would doe Then for the honesty and lawfulnesse of it it is to be diligently weighed It is lawfull say they to catch fraud in the owne craftinesse And indeed that saying is most true good and conforme to all wisedome being rightly understood thus Let fraud worke on fraudfully untill hee be intangled and intrapped in his owne fraud and so become guiltie and obnoxious to a lawfull and orderly avengement by justice but that men to meet fraud may justly use fraud and that against all promises seales subscriptions or oathes to the extremitie of murthering changing justice into injustice in the very seat of justice is not nor ever was nor ever can bee justified under any pretext whatsoever as being that which breaketh the bands of humane society It is an unworthy Kingdome which cannot otherwise defend it selfe and it is unworthy of a King to stoupe to such unworthy and base wayes It hath also beene by some pretended elsewhere to cover the foulnesse hereof that hereby much bloudshed is eschewed which would have beene before such a man could have beene cut off which I marvell is not alledged here also But that is frivoulous amongst the rest for it is the cause of much more bloud shedding because it takes away all trust and so peace untill the warres end by the destruction of one party which without trust cannot end by reconcilement besides this they insinuated it unto the King as a point of want of courage in him and cowardise if hee durst not so much as deceive his enemy whereby they would meane that it was courage to deceive him An unhappy dareing to dare to doe wrong and very far mistaken and misnamed And last of all they halfe menace to abandon him and provide for themselves and their own safety by taking part with Douglas as the stronger partie whom if the King did not make away they would follow him and that there was no other remedy left to them Such boldnesse were they come to thus to threaten their master and Soveraign And such is the weaknesse of that place where it submitteth it selfe to servants By these meanes was this good King farre contrary to his owne nature drawne on by them who had his eare to this unnaturall fact as to that which was most lawfull and flat necessary yet was neither this pretended necessitie nor alledged lawfulnesse sufficient to defend it even in the judgement of the doers themselves And therefore the Courtiers found out another mean to put some faire face at least some colourable excuse upon it as they thought for being ashamed of those allegiances or distrusting that they would bee accepted for just causes of breach of faith and fearing they should be detested of all men they gave it out that the slaughter was not committed of set-purpose but that it fell out onely by chance and that the King had no intention to kill him till he himselfe by his indiscretion procured it having irritated the King by his presumptuous answers But this is a weake excuse to commit murther contrary to promise although hee had answered so but there is no appearance of it that it was but a sudden passion neither was it beleeved in those dayes as may be seen by the perswasions given him by the Courtiers which while Writers set downe they witnesse it was a set draught and fore plotted For they say plainly also that the Courtiers would have had it appearing that it came by his arrogancy in his carriage and answers but not that it was so indeed besides there is a received tradition that James Hamiltoun of Cadzow pressing in to follow the Douglas Liviston being Uncle to James and knowing the Earle was to die gave him a blow on the face and thrust him backe from the gate James Hamiltoun drew his sword which the other little regarding held him off with a long halbert and made the guard shut the gate against him was exceeding angry at this affront in the time but after when hee heard the Earle was killed hee knew it was done for his safety Hee had given too much matter for his enemies to worke on by his rash journey into England and private conference with the King and Queene there but this had beene forgiven him as an oversight onely wh●… the King had apparently tried and found to bee nothing else hee had beene vehement in the
beginning of his brother William now foure and fourty yeares Some write that while he was in Lindores the faction of the Nobility that had put Coghran to death and punished some others of the Courtiers supported by the Kings favour especially Archbald Earle of Angus called Bell-the-Cat desired him to come out of his Cloyster and be head of their faction promising he should be restored to all his lands which seemeth not very probable But that which others write hath more appearance that the King desired him to be his Lievetenant against the Rebells but hee laden with yeares and old age and weary of troubles refused saying Sir you have kept mee and your black coffer in Stirling too long neither of us can doe you any good I because my friends have forsaken me and my followers and dependers are fallen from mee betake themselves to other masters and your blacke trunck is too farre from you and your enemies are between you and it or as others say because there was in it a sort of black coyne that the King had caused to bee coyned by the advise of his Courtiers which moneyes saith he Sir if you had put out at the first the people would have taken it and if you had imployed mee in due time I might have done you service But now there is none that will take notice of me nor meddle with your money So he remained still in the Abbacy of Lindores where hee died anno 1488. and was buried there THus began and grew thus stood and flourished thus decayed and ended the Noble House of Douglas whose love to their Countrey fidelity to their King and disdain of English slavery was so naturall and of such force and vigour that it had power to propagate it selfe from age to age and from branch to branch being not onely in the stocke but in the collaterall and by branches also so many as have beene spoken of here They have continually retained that naturall sap and juice which was first in Sholto then in William the Hardie who died in Berwick who was in a manner a second founder in such a measure that amongst them all it is uncertain which of them have beene most that way affected This vertue joyned with valour which was no lesse naturall and hereditary from man to man caused their increase and greatnesse their Princes favouring them for these vertues and they by these serving their Princes in defence of their Countrey Their affection pressing them thereto their worth and valour sufficing them the hearts of the people affecting and following them Their enemies regarding and respecting them all men admiring them so that in effect the weight of warlike affaires was wholly laid on them The Kings needed onely to give themselves to administer justice consult and direct living at peace and ease and in great quietnesse to use their honest recreations from the latter dayes of King Robert Bruce wherein there was a pleasant harmony and happy concurrence the Kings as the great wheel and first mover carrying the first place in honour and motion and commanding and they in the next roome serving and obeying and executing their commandements as under wheels turned about by them courageously honourably faithfully and happily to the great honour and good of their Prince and Countrey This behoved to be accompanied with greatnesse for neither could service to any purpose bee done without respected greatnesse neither had greatnesse beene worthily placed without service Their power is said by some to have been such that if they had not divided amongst themselves no Subject in this Island could have compared with them in puissance But that which diminished their power and ruined the Earle Douglas was the falling of the houses of Angus and Morton from them to the King for the last battell the Earle Douglas was at the Earle of Angus discomfited him so that it became a Proverbe The Red Douglas put downe the Black Those of the house of Angus being of the fairer complexion They might have raised thirty or fourty thousand men under their owne command and of their owne dependers onely and these most valiant for their command was over the most expert and most exercised in warre by reason of their vicinitie and nearnesse to England which was their onely matter and whetstone of valour They who give them least give them 15000. men who upon all occasions were ready with them to have ridden into England at their pleasure and backe even for their private quarrells and have stayed there twenty dayes and wasted all from Durham Northward which no other private Subject could ever doe upon their owne particular without the Kings Army this power as hath been said they u●…ed ever well without giving of offence to their Prince in any sort that we can reade of clearly and expresly set downe Yet our Writers say it was too great for Scotland But how could it be too great that was thus for the good of it for the Kings service for their ease making no rebellion no resistance no contradiction which we see they came never to untill the killing of E. William at Stirling Truely if we shall speake without partiality their greatnesse was so usefull to their King and Countrey that Hector Boetius stickes not to say the Douglasses were ever the sure buckler and warre wall of Scotland and wonne many lands by their singular man-hood and vassalages for they decored this Realme with many noble Acts and by the glory of their Martiall deeds And though their puissance was suspected to some of their Kings and was now the cause of their declining yet since that house was put downe Scotland hath done but few memorable deeds of Armes And we cannor say justly that they gave any cause of jealousie Princes were moved to conceive it without just occasion given by them unlesse it were a fault to be great whether they were jealous of their owne naturall inclination as jealousie is esteemed ordinarily to the highest places or by the suggestion of others that were mean men and so envious of great men the one inclining to jealousie the other working on that inclination however notwithstanding of all this they sti●…l behaved themselves towards their Princes moderately obeying them to warding and after releeving to warding again at their Kings pleasure without any resistance whatsoever as may be seene in the Earle of Wigton which being well considered the cause of their stirring or commotion against their Prince which was never till this last man will appeare not to have proceeded from their greatnesse enterprising against their Prince or aspiring to his Throne although the meane men and new start-up Courtiers perswaded the King so for their owne advantage and ends but the cause was indeed the aspiring and ambition of these mean men who laboured to climbe up into their roomes by their decay neither was this their aspiring by vertue but by calumnies and flattering fostering the foresaid jealousie I know it is a maxime
in Policie and that plausible to many That Princes should not suffer too great Subjects in their Dominions yet it is certain that without great Subjects there can be no great service Things may be shufled at home but abroad there can never any thing bee done to the purpose or of note But now the question is where great men are already whether it bee best thus to undoe them and make up new men by their ruine or not a thing worthy to bee considered and also whether or not there be a possibilitie to use great men to good uses and if possible whether it were not better to doe so then to goe about to undoe them whether also there be not in undoing of them such great hazard as we see that though it may succeed at last as it did here yet it is not so good wisedome to adventure upon it with such trouble and uncertaintie Truely that which made it to succeed was the very honest heart of this last Earle James who if either hee would have turned English and cast off all respect to his native Prince or entered into battell against him at Abercorne it had proved an unwise course so to have affected the advancement of these mean men and not rather to have used them well that were become already great And therefore the Writers finde no other cause of this successe on the Kings side but the onely providence of God who had not determined to give the Crowne to the Douglas but to continue it in the right line which though the Douglas did not aime at yet being driven to this necessity either to lose his owne estate or to take the Crowne in case of victory hee could hardly have refused it if it should have come to that but hee chose rather to lose his owne and lost it indeed by a rare modesty which is even disallowed by Writers who interpret it to have beene fearefulnesse or lazinesse so hard is it to know the right and not to incurre some censure in our actions how ever it bee this appeares most certain that their meaning to their Prince and Countrey hath ever beene good and that even in this man Their errours and faults whatsoever they fell into they were drawne to them by the malice of ●…eir particular enemies and the Princes assisting fostering and maintaining them in their wayes thereby to undoe that Earledome jealous of their Crowne and that they might reigne perhaps with greater libertie and fuller absolutenesse which their Courtiers perswaded them they could not doe so long as they stood But it comes not ever so to passe and though it came here so to passe in this Kings dayes which were not many yet in his sonnes dayes wee shall see it fell out otherwayes for out of these mean men at least in respect of the house of Douglas there arose some who proved as great and greater restrainers of that liberty then ever the Earles of Douglas were So that if that bee the end of cutting off great men to obtain greater liberty wee see it is not alwayes attained and doth not ever follow upon it yea wee shall see that almost it never or but for a very short while produceth that effect It is therefore worthy to be examined whether it be to be sought or to be bought at so deare a rate such hazard and trouble But this is the vicissitude of this rolling world let men consider it and reverence the Ruler Jacobus Comes Lindorensi coenobio inclusus Quid rides rasumque caput cellaeque recessum Quodque cucullatis fratribus annumeror Fortunâ volvente vices fiet modo Princeps Plebeius Monachus saepè Monarcha fuit Why doe you laugh to see my shaven Crowne My Cell my Cloyster and my hooded Gowne This is the power of that Soveraigne Queen By whom Monkes Monarches Monarches Monkes have been Another Both Fortunes long I tri'd and found at last No State so happy as an humble rest Georgius Angusiae comes Anvici Gallos obsessos undique laetho Scotorum eripuit te duce parva manus Te duce Duglasius victus quoque Percius heros Militiae statuunt clara tropheae tuae Sed consanguinei sed quid meruere propinqui O furor O rabies perdere velle suos Matrem ingrata necat crudeli vipera morsu Stirpem quâ genita est noxia vermis edit His non absimilis fueras per te domus illa Eversa est ortum ducis unde genus Non me ventosa ambitio non dira cupido Egit opum me non impulit invidia Ferre parem poteram poteram vel ferre priorem Contentusque mea sorte beatus eram Ast Regi parere jussa facessere fixum Fas quoque semper erat fas mihi semper erit George Earle of Angus Thou ledst a handfull who from death did free The French besieg'd at Anwick victory Though bloudy from the Noble Piercy gaind Increast thy honour but against thy friend And kinsman what strange fury turn'd thy force What madnesse to destroy thy owne 't was worse Then Vipers cruelty compell'd to eat Their way or die thine was a needlesse hate No vain ambition oversway'd my heart No love of wealth no envie had a part In what I did I could an equall beare Nay did not grudge though Douglas greater were Content with what I had I happy liv'd But 't was my Prince his will and 't is beleev'd Lawfull and Justice hath pronounc't it good To serve our King without respect of bloud Aliud A solo potuit Pompeius Caesare vinci Non nisi Romano milite Roma cadit Duglasios nemo cùm posset vincere solus Duglasium potuit vincere Duglasius Another on the same Pompey by Caesar onely was o'recome None but a Romane Souldier conquered Rome A Douglas could not have been brought so low Had not a Douglas wrought his overthrow Here endeth the first Part containing the History of the House of Douglas THE SECOND PART OF THE HISTORY OF THE DOUGLASSES CONTAINING THE HOUSE OF ANGUS By Master DAVID HUME of Godscroft EDINBURGH Printed by EVAN TYLER Printer to the Kings most Excellent Majestie 1643. Of the House of ANGUS before it came to the name of DOUGLAS THe great and potent House of Douglas of which we may say the best subjects that ever served Prince the worthiest seconds that ever seconded any worthie for their modestie to be seconded by others second to none in all vertue and true worth of valour magnanimitie kindenesse courtesie faithfulnesse to King Countrey and kinred serving their Prince and served by the rest worthily served worthie to be served as knowers of service and recompencers thereof in due proportion and degree as Charters of Lands liberally given do testifie being thus brought to this pitifull end there arose in place thereof the House of Angus of which we come now to speak and to view in the descent of it If we shall consider it in our best discourse with all circumstances due to it and
the first HIs eldest son as hath been said was George slain at Flowdon designed commonly by the appellation of Master of Angus He was married to Elizabeth Drummond daughter to the Lord Drummond of whom we told how he defeated the Earle of Lennox His children by her were three sonnes First Archbald afterward Earle of Angus Secondly Sir George of Pittendrich Thirdly William Priour of Colding hame His daughters were First the Lady Yester Secondly the Lady Basse. Thirdly Jeane Lady Glames Fourthly Alison married first to Robert Blackader of Blackader and afterward to Sir David Hume of Wedderburne Fifthly the Lady Drumlanerige as I take it Also they mention a sixth married to a Baron in the North whom they name not neither do I know who he should be His age at his dea th to reckon from the 15. year of his fathers age in the 1469. to the year of his own death at Flowdon 1513. was not above 44. His actions because he never came to be Earle are not recorded Some dealing there was betwixt him as Governour of Liddisdale and the Lord Dacres in England with whose Deputies he agrees to meet at Dumfreis for doing of Justice in the year 1489. the year after the King was killed at Bannock-burne So at Cannabie he met with the Lord Dacres himself where they accorded not well For they intended both to send to the Councels of both Nations to have their determination of their differences He agrees the same year with Sir Robert Lundie of Bagonie Treasurer for a generall remission to Ewsdalde Eskdale and Niddisdale which I think should rather be Liddisdale for a 1000. pounds being at this time not above 20. years of age not out of Curatorie by the Laws though that was in his fathers hands Yet we see also Courts held in his name by his Bailiffs as a retoure of Adam Ker to some Lands in Selkrig in the said year which makes me to think he hath been then married Also he it is as we told above that excambes the Lands of Liddisdale for Bothwell with Patrick Earle Bothwell resigning the Lands of Liddisdale and the King disponing them upon the resignation in the year 1492. upon what reason either the Earle Bothwelshould have affected these or he preferred the other and not thought himself as fit to rule that unruly Countrey as any other I have not heard But it was done in his fathers life time who was no fool when he was in his greatest vogue the first three years of King James the fourth He allies afterward with this same Earl Bothwel marrying his sonne Archbald to his daughter but that must be long after except that he hath been married young as some say he was In the year 1510. he indents for the marriage of his fourth daughter Alison to Robert Blackaders sonne and apparent heir to Andrew Blackader of that Ilk. Her portion 300. marks the terms 1. at the compleating 40. pounds and 20. pounds at the feast of Martimasse next a●…ter and so 20. pounds termly till it were payed That same year he is in●…eft in Abernethie And this is all we have of him which we have set down chiefly for his children and the Historie that followeth of them Of Archbald the seventh Earle of Angus and the second Archbald TO Archbald the first succeeded Archbald the second his Grand-childe by his sonne George Master of Angus He was thrice married first to Margaret Hepburne daughter to Patrick Hepburne the first Lord Bothwell being as yet very young for at his second marriage he was not old but a youth or stripling Adolescens She died in childe-birth within the year as they say immediatly a●…ter the Field of Flowdon 2. His second wife was Queen Margaret relict of King James the 4. and daughter to King Henry 7. of England She bare to him a daughter Lady Margaret Douglas who was married to Matthew Stuart Earle of Lennox and bare to him Henry Lord Darnly that married Queen Mary of Scotland and father to King James the sixt of Scotland and first of great Brittain now happily reigning Lady Margaret had also another sonne named Charles who was father to the Lady Arabella 3. His third wife was Margaret Maxwell daughter to the Lord Maxwell She bare to him a sonne and a daughter who died both of them before they were 8. years old He had also a base daughter by a daughter of Traquairs Jeane Douglas married to the Lord Ruthven Some say that he begot this daughter in the Queens time while she lying in of Lady Margaret Douglas in England after her delivery went to London and stayed there with her brother King Henry the 8 and with her sister the late Queen of France and then Duchesse of Suffolk Others say that it was before He had also a base sonne as I take it commonly called George the Postulant to a by-name because I know not upon what claim or title he did postulate and claim the Abbacie of Aberbroth or Abernethock and not onely did postulate it but apprehended it also and used it as his own Having brought the house of Angus still increasing and growing in greatnesse and honour unto this man Archbald the second shall we suffer it now to decay or to take halt in his person No but we shall see it increase so much the more as he approacheth nearer unto that descent which is able to give honour unto basenesse it self far more to adde and multiply honour upon that which is already honourable Men do not onely take honour from their progenitors their posterity makes them honourable when they have much honour and that variable according to the degrees of their honour more or lesse Which seeing it is undeniable in what place of honour shall we rank this Archbald father to the Lady Margaret Douglas and by her great Grandfather to our Soveraigne King James of great Brittain This one thing is enough to list him up to the highest top of honour All other things are but accessary yet are they additions of great importance Men are honourable by their marriage Who then so honourable as he Having married a Queen a Kings daughter a Kings sister a Kings mother Others also of the Subjects of this Countrey have married Queens I grant But none of them did marry Queen Margaret a Lady so vertuous None did marry a Queen so Royally descended and every way Regall in her father her mother her brother her sister her husband her sonne being all of them Kings or Queens None did marry a Queen without some blemish and diminition of her reputation but he None with the approbation of all men even of the Queens own chief Kinred with the allowance desire and exhortation of her Kinsfolks of King Henry the 8. But you will say perhaps that this hath been chance or fortune or ignorance in her blindnesse of an impotent woman who placed her affection without desert or that it hath been ignorance in King Henry her
with the mantle of silence and oblivion the nakednesse of those to whom we owe even a filial dutie pietie Concerning that Princesse my heart inclineth more to pitie I see good qualities in her and love them I see errours and pity them I see gentlenesse courtesie humilitie beautie wisedome liberalitie who can but affect these If they be carried to inconvenience who can but lament it In that sex in that place in that education in that company a woman a Princesse accustomed to pleasure to have their will by Religion by sight by example by instigation by soothing and approbation Happie yea thrice happy are they who are guided through these rocks without touch nay without shipwrack I do advert more than I finde set down by Writers while I search into all the causes which might have drawn on these lamentable events Besides the secret loathings in the estate of marriage which who knows but the actors bringing forth dislike then quarrels on both sides then crossing thwarting then hatred then desire to be freed besides all this impotencie and desire of revenge being seconded with shew of reason and backed with a colour of law and justice what wil it not do Her husband had killed a servant of hers whom he had dragged violently out of her bed-chamber Behold him therefore as Lawyers or such as pretended skill in law would alledge guiltie of death in their judgment He was not crowned but proclaimed King only by her sole authority never acknowledged by a Parliament so was he but a private man a subject to her his Soveraigne as are the wives and children of Kings Wherefore his Fact in slaying Rizio was flat treason for which he might have bin arraigned and suffered according to law But bearing the name of a King having many friends and kinred a legall proceeding could hardly be attempted without great difficulty and might have caused an insurrection and much bloud-shed with uncertain event Wheresore in wisedome the most convenient way was to do it privatly and secretly secret justice is justice notwithstanding formalities are but for the common course of things This was an extraordinary case Justice is absolutly necessary the form whether this or that way is indifferent it may be altered or omitted the Princes power may dispense with forms in case of necessitie or conveniencie so the substance be observed Well I conceive that a Prince upon such suggestions upon dislike in anger and indignation might be drawn by his counsellours neither can I but conceive that these colours have been here represented to perswade or to sooth To be short that fact so lamentable and which I can never remember without lamenting every way in her own and her husbands person done by the Earle Bothwell he murdering her husband she marrying him the matter seemed extreame strange and odious in the eyes of many It is true Bothwell was cleared or rather not filed by an Assise but the Nobilitie judging him not to be sufficiently cleansed but rather being fully perswaded that he was the authour of the murder thought themselves bound in duty to bring him to a further triall And howsoever he had married the Queen yet did they not take themselves to be so farre bound in obedience to her as in that regard to desist from all further inquiring into that Fact Nay it did rather move their indignation to see him who had committed so vile and execrable a murder not onely to escape Scot-free but to reap so large and rich a reward as was the Queens own person Besides they thought the consequent might prove dangerous if he who had massacred the father and married the mother should also have the son the onely barre and lett of his ambition to establish the Crown to himself and his posteritie in his power and custodie These were given out as the causes of their taking arms which were very plausible to the vulgar especially the safetie of the young Prince James There is no question they had also their own particular respects which are seldome wanting and do commonly concurre with the publick cause wherefore there joyned together the Earles of Argyle Glencairne and Marre the Lords Lindsay and Boyde These bound themselves to pursue Bothwel and to assist one another against whosoever would oppose them especially to keep the young Prince from coming into Bothwels power But Argyle repenting him went the next morning to the Queen and revealed all the matter and the Lord Boyde also was at last perswaded with many fair promises to forsake them and joyn with Bothwell The rest notwithstanding remained firme with whom Morton took part He thought he could do no lesse being so near a kinsman to the late King and so to the young Prince It is true he had been beholding to Bothwell but no benefit could binde him to assist him in this case for by so doing he should have given some colourable ground to that report which had so spred it self that it was beleeved a while about the Court of England that Murray and he were authours of the Kings murder To have remained neutrall would have been but ill taken on both sides The Lord Hume Cesford and Balcleugh though they had not subscribed with the other Lords yet did they hate Bothwell and were suspected to incline to the contrary Faction The year preceding Bothwel had made an in-rode upon Liddisdale for the suppressing of theeves and apprehending of out-lawed Borderers with bad successe for he was wounded and hardly escaped with his life This year he resolves to repair his honour and by some notable exploit to gain the good-will of the people which that he might the more easily do the chief men of the name of Scot and Ker who were likely to ●…inder him were commanded to enter into prison in the Castle of Edinburgh and there to remain till his returne But they fearing some worse meaning went home to their houses The Lord Hume also being summoned to enter would not obey Notwithstanding Bothwell goeth on with his intended journey and so the Queen and he come to Borthwick Castle there to make all things ready for this expedition The adverse party thought this place was not unfit to surprize him in it and therefore they appointed their Rendezvous at Liberton whither Morton onely came The Earle of Athole whither through his naturall slownesse or fearfulnesse by his not keeping that appointment caused the rest to break also and to stay still at Stirlin The Lord Hume in hope to have been seconded went directly to Borthwick and lay about the Castle but seeing no appearance of their coming he kept such negligent watch that the Queen and Bothwell escaped and went back to the Castle of Dumbar The Lords thus frustrated went to Edinburgh to practise the Citizens there and to draw them to their side which they easily effected The Castle was kept by Sir James Belfoure whom Bothwell had made Captain thereof and who had
prop is the vulgar England did befriend them some times but not so fully as they needed and even so farre as did concern their own safetie So that when all is duely considered we shall not finde any ground for one to build on that would seek nothing else but his own private ends of honour or preferment Wherefore it is no wonder if Secretarie Metellane and Grange men that sought themselves onely did joyne with that partie which was likest to thrive and prosper in all discourse of reason and humane wisedome Neither can any man think that Morton did aime at his own greatnesse or that it was out of any self-respect that he followed the other partie with such disadvantage if we will acknowledge that he was a wise and judicious man And therefore if we search with an unpartiall eye what could have been the motives that made him cleave so stedfastly to this cause we shall finde them to have been no particular of his own nor any thing else besides the equitie and justnesse thereof as he conceived his love to the young King as his King and Kinsman together with the preservation of Religion and the welfare of his Countrey which he thought did stand and fall with this quarrell and cause This in all likelihood hath been his minde which whether it was right or wrong let them dispute who list our purpose is onely to shew so farre as may be gathered by discourse of reason what it was that did induce him to follow this course Now although he had bent all his power and endeavours this way yet there lacked not some who did blame him as not zealous enough to revenge Murrays death His brothers Uterine Loghleven and Buchain craved justice against the murtherers so much the rather for that he was not slain for any private quarrell or enmitie but for the publick defence of the King and Countrey When it came to a consultation some were of opinion that those who were suspected should be summoned to appear against a certain day according to custome and order of Law Others again thought that such processe and legall proceeding needed not to be observed toward them who had already taken arms to maintain by force what they had committed by treacherie and treason but that an Army should be levied against them and not only against them but also against all such as had been declared Rebels by the former Parliament But Morton did not like of this last course nor Athole because neither was that meeting frequent enough to determine of those things and besides they foresaw that the joyning of many faults would take away or diminish and make men forget the principall and to mingle other crimes with the murther were but to make all the guiltie in what ever kinde to joyn with the murtherers and so raise a generall and open insurrection and a most dangerous Civill Warre Wherefore they deferred all till the first of May the day appointed for a Convention as also for choosing of a new Regent These delayes were motioned by Secretary Metellane who at Granges request upon his oath that he was innocent of the Kings and Regents murther and of the Rebellion raised in England and having found sureties to appear and answer whensoever he should be legally pursued was released by the Nobility here conveened For what ever respect Metellane made this motion Athole consented to it and Morton also because he saw there could be no orderly proceeding at this time This was ill taken of the vulgar who did interpret this delay of which they knew Metellane to be authour to be nothing else but a plot of his to gain time to strengthen his own faction and that Murrayes death might be forgotten or at least the heat of revenging it might cool and relent which they thought should not have been granted and given way to This was done the 14. of February the day after the Regents Funerall The 15. of February Argyle and Boyde wrote to Morton from Glasgow where the principall of the Queens side were conveened that they were willing to joyn with the rest of the Nobility against such as were guilty of the Regents death but because it was not yet perfectly known who they were they desired that they might meet and conferre about it so that they of the Kings side would come to Lithgow or Fawkirk or Stirlin for they would not come to Edinburgh Morton did impart the businesse and communicate these Letters with Metellane as they had wished him to do but he refusing to meet any where else save in Edinburgh there was no meeting at this time But afterward the 24. of February they came to Morton to Dalkeeth and laboured to perswade him to come over to their side but he was so farre from listening to them that he did assure them he would stand to the maintenance of the Kings authority to the utmost of his power It may be some will think that this constancie did proceed from distrust according to that Pseudo politick and Machiavillian maxim qui offensa non pardóna who once offends never forgives and that he thought his fault so great in opposing the Queen that it could not be pardoned But why should he have thought so His was no greater than were some of theirs who were pardoned than the Lord Humes by name And certainly by all appearance he could have made a far better mends he might have put an end to the controver●…ie and restored the Queen again to her own place which might have sufficiently expiated all his former transgressions Wherefore we may justly call it constancy which was accompanied with courage in undertaking so hard and difficult a task and with wisedome in atchieving and bringing of it through In the beginning of March he went to Edinburgh whither the principals of the other party came also Huntley Crawford Oglebee and the Lord Hume Seton and Metellane There were but few with Morton till Marre and Glencairne came in to him The next day after they met to consult of businesse but because Argyle was absent whose power was great they could conclude nothing Wherefore Huntley goes to him with intention to bring him along with him but he came back without him which every body thought was done by Metellans cunning who hindred all agreement that he might the better fish in troubled waters The night following these Lords who were on the Queens side took such a sudden apprehension and panick fear without any apparant cause that having watched all the night in their Arms they departed next morning without order and very dismayedly About the end of April 1570. the Earle of Marre set forth from Stirlin to Edinburgh against the 1. of May which was the day appointed for a Convention of the States but the Lords of the contrary partie lay in his way at Linlithgow Wherefore Morton goes forth to meet him with 500. horse and 1000. foot so that Marre having crossed the water of
the Enemie had time to flee safely And now many that before kept within doores for fear began to creep out of their corners and come forth to the Street and joyne themselves with the Earle of Marres men so that the case was quite altered For the Victours and Conquerours leaving their prisoners and their spoyle fled for life to save themselves and divers became prisoners unto their prisoners namely those who had taken Morton and Glencairne The Regent was taken by David Spense of Wormiston who was himself killed while he laboured to save the Regents life and the Regent also received his deaths wound They might have utterly destroyed the Enemie but that at their first entry the Tividale men had taken away all their horses so that they could not pursue them And so they escaped we may say on both sides for both were victorious both were vanquished in a few houres space A rare and remarkable example how available and of what moment it is to use diligence and expedition and how dangerous in time of Warre to be negligent and secure But especially this accident doth make good that often repeated observation of that great Warriour Julius Caesar Multum in utramque partem fortuna potest that in all the exploits of Warre fortune hath great power either to frustrate or make successefull But what he cals fortune we know to be providence and ought so to call and acknowledge it which turnes the wheele of humane affairs beyond and contrary to their expectation If we may judge of the justice of the cause by the perpetuall successe of the maintainers and by their meeknesse and moderation therein the Kings side have had the better and the juster The Regent died that same night and was buried in the Chappell of Stirlin Castle with such solemnitie as the Town and time could afford The Grand-father being dead the next Regent was Marre being chosen the 8. or 9. of September the same year 1571. There were three put on the list Argyle Marre and Morton It is strange they should have made Argyle one who had been all this while on the contrary faction and was now but a reconciled Enemy at most unlesse they were sure how to carry it Many thought Morton should have been the man but he nothing ambitious of the title which was but matter of envie helped to cause Marre be chosen who was a very sufficient and trusty Nobleman able to discharge the place and who had the Kings person in keeping within the Castle of Stirlin The main thing that he did in his Regencie was that he conveened the Countrey and lay about the Town but wanting Artillerie to batter it he returned again to Leith where having divided the Kingdome into quarters he appointed the severall divisions to come to him by turnes with whom having broken the Mils about Edinburgh he placed Souldiers in the villages and Gentlemens houses about it to hinder all kinde of provision from it In the South parts of the Kingdome Balcleugh and Farnihaste did molest the Kings side especially the town of Jedburgh Wherefore Morton both for this cause as also for a particular against Farnihaste who claimed to be Bailiffe of Jedward Forrest which belonged to the Earle of Angus by inheritance sent for the chief Gentlemen of the Merse and desired them to subscribe a Band by which all those that were by name insert therein did binde themselves to assist other and all of them to aid and assist the Warden Sir James of Coldinknows In this Band were contained the townsmen of Jedward the Laird of Badrule together with the Trumbles and Rutherfords and divers others The first that wascalled they being all assembled together in Mortons lodging at Leith was Sir David Hume of Wedderburne who flatly refused to subscribe it but said Hee was ready to serve the King as became a faithfull Subject so farre as hee was able but that hee would not binde himself in any Band to any man further than hee was already bound in duty especially such men with whom he would not enter into any societie fellowship or combination He understood chiefly the Trumbles and Rutherfords which names were infamous and most of them reputed theeves and Badrule a notorious one Morton seeing him thus resolute lest the rest might by his example refuse likewise caused him go aside into a back-room and called in the rest The first of which was Patrick Hume of Polwart who hearing of the Trumbles and Rutherfords refused also to be joyned with them or to subscribe When Morton asked him his reason he answered roundly Because sayes he it may be some of these men have helped to steal Wedderburnes cattell And hath Wedderburne any cattell stollen from him sayes Morton Yes my Lord answered the other that he hath He did not tell me so much sayes Morton But it is true my Lord saith Polwart Well sayes Morton will ye subscribe this Bond I cannot my Lord saith he as the case stands If you do not saith he you shall do worse Worse my Lord saith the other nay rather than do worse I will do it No but saith Morton I do not mean to compell you No but my Lord saith hee you have said enough and so he signed it accounting it threatning and compulsion and so himself no whit bound by his subscribing The rest of the Gentlemen being called seeing Polwarts hand at it made no more scruple but set to theirs likewise After this Morton went to dinner and being set hee remembred himself and sent one to call Wedderburne out of the back-roome and when hee came he asked him Why he did not come to dinner I was saith he lawfully committed my Lord and I would not break prison but stayed till I was lawfully released These dealings made some that were rigid censurers think hardly of Morton that hee would use such infamous men and tolerate them for his own ends especially being a publicke person and in the place of justice Yet others did excuse him as being necessitated thereunto by the times there being no other way to counter-poyse the power of Farnihaste and Balcleugh but by these Trumbles and Rotherfords alledging withall that it is not fit or possible to observe those Schoolrules precisely in Politick affairs which it seemes hath been his opinion also In February Morton being absent in S. Andrews about the installing of his Archbishop Master John Douglas those in Edinburgh watching and laying hold on this opportunitie went forth and setting fire in the town of Dalkeith burnt some twenty houses thereof and having spoyled and pillaged it returned safe to Edinburgh There was little other thing of moment done by either side during Marres time And now by the Garrisons which lay about Edinburgh hindering Victuall to be brought to them their scarcitie increased so much that they sent to procure an Ambassadour from France and another from Queen Elizabeth to mediate a Peace And for the preamble of
will choke us with that old saying Nulla fides Regni sociis c. They will thinke it a diminution to the Kings authoritie which ought not to bee admitted either in effect or in appearance The grounds of his Title will seeme to bee brangled and overthrowne also his estate will bee made thereby more unsure and doubtfull The match though with a mother will bee too hard for him shee is elder and so wiser and more experienced and may soon steppe up from this equalitie to a Superioritie by questioning her former dimission by revoking and recalling of it as being done in prison and so not free nor voluntary Thus shall the King bee thrust out of his place the Countrey his old friends Religion and all quite undone Morton was too old a Cat to draw such a straw before him or to propound any thing tending that way wherefore their best was to make him away that so the plot might goe on And much more good effect would come of that one stroke Hee was rich hee had faire lands and houses a faire reward of all their pains and travell And no question his friends that should take his part might bee involved and insnared with him Especially the Earle of Angus could hardly in this case of his Uncle so behave himselfe but occasion might bee found against him which would bee a faire bootie The facilitie of compassing a businesse doth often draw men on and doth greatly prevail in all consultations The new factions against him were very strong yet ●…ee kept them downe but it was meeerly by the Kings countenance if that were once taken away from him the rest would prove but easie And now to facilitate all there fell out such occasions as they could have wished or as they had made For in September in the yeare one thousand five hundreth seventy and nine Mounsieur d' Obignie was come or brought home his name his kindred his carriage his commission from friends in France his comelinesse his observance his person did procure him credit with the King and this faction did privately insinuate with him and openly thrust him forward into the Kings favour and put him out of conceit of Morton and indeed quite alienated him from him and so by him the King whose eare hee now had for Morton being such an adversary to the Queene and so to France Obignie to doe the Queene and to doe France service to pleasure the holy League himselfe being a Papist and to gaine the good will of this faction by whom hee was to rise to some great place about the King was easily induced to promove their plotte and malice against him Neither was there great difficultie in it hee had lost many friends offended all sorts of men the Burrowes the Ministerie and who so doth zealously affect them so farre as that if they were not his enemies they were but cold friends and such as would bee but spectatours and no wayes actours for him There fell out also about this time in October 1580. an accident which did him much hurt and made for their purpo●…e The Lord Ruthven having beene in Kincarn a house of the Earle of Montrose at the marriage of the Earle of Marre as he returned to Perth his way lying neare to Diplin which belonged to the Lord Olyphant and there being enmitie and deadly fewd betwixt Olyphant and Ruthven Ruthven notwithstanding rode that way in view of Diplin Olyphant tooke this as done in contempt of him and therefore issuing forth with some horsemen and some fire locks followed them and came upon them so unexpectedly and with such advantage of weapous that Ruthvens men fled presently and their Lord was forced to doe the like Onely one Alexander Stuart of the house of Traquaire and a Kinsman of Ruthvens stayed behind the rest partly to keep off the pursuers partly to speake with Olyphant in fair termes and was slain by a shot from one that knew him not sore against Oliphants minde and to his great griefe and discontentment The Lord Ruthven seeking by order of law to repair his credit and to be revenged for the killing of his friend causes summon Oliphant to answer criminally before the Justice Generall This Oliphant had married Margaret Douglas daughter to William Douglas of Logh-leven and now being pursued upon his life was assisted by his father in law The Earle of Morton would gladly have agreed the parties but the fact being recent and the Lord Ruthven together with the friends of the Gentleman that was slain having received such an affront and indignity there was no possibility to take it away save by law Wherefore Morton joyned with the party that was pursued for his life which hath ever beene accounted most Noble most tolerable and free from exception or quarrelling Besides Oliphant had not commanded his servant to shoote neither did hee allow or approve but was sory for it in his heart but hee thought hee could not with his honour deliver one who followed him and had done this rash fact in and for his service but was bound to defend him all hee could and protect him from all danger and harme according to his power Notwithstanding of this Ruthven was mightily displeased with Morton for countenancing and assisting Olyphant against him and Master John Metellane and Sir Robert Melvine who tooke part with Ruthven laid hold of the occasion and blew the bellowes so that they brought him to that point of unkindenesse that hee could very well have beene contented to see Morton reduced to such an estate and condition as that hee might neede his helpe and bee sensible of the losse of so steadable and usefull a friend as hee tooke himselfe to be Wherefore when hee understood that his enemies were plotting against him either for that he knew not that they aimed at no lesse then his death and finall overthrow or if hee did know so much because hee thought hee could give them a stop when hee pleased and hinder them from attaining that point of their aime hee suffered the course to goe on and perhaps helped it forward The name of Stuart were also offended with him for assisting one who was accused of the killing a Stuart and all this was aggreaged and aggravated by those of his opposite faction Besides this hee had shewed that hee was not well pleased with the Courtship and favour which Mounsieur D' Obignie had with the King because there was a generall suspition and feare that hee was imployed and would labour to corrupt and pervert him in his Religion There was with Obignie one Monbirneau who was thought to have been an actor and executioner of the Massacre in France extreamely dissolute in his conversation and therefore much hated feared and abhorred of all men which did reflect upon Obignie for his entertaining and familiarity with him The Ministers spake and preached openly and plainly against them both and the English Embassadour Sir William Bowes desired Monbirneau
them from those calumnies which wicked and seditious men that sought their own particulars had filled his Majesties eares and minde with and so made him to be suspicious of them without cause The King answered lovingly That it was true and that he now saw that hee had been too long abused That it was certainly the mighty hand of GOD working with their good affection that had brought them so through without shedding of bloud And so embracing them heartily he welcomed them with a chearfull countenance desiring that they would forgive and spare the Earles of Montrose and Crawford who were afraid to lose their lives and estates being conscious of their own deservings This request divers of the Earle of Angus his friends would have had him to have denied but he by a rare moderation and to shew how far he regarded the desires of his Prince being willing also that the whole work should be free not onely of innocent blood but even from particular though just revenge neither could nor would refuse it This was the Catastrophe of this Tragick-comedie acceptable and joyfull to all except these few particular men and harmefull to none which did justifie their unjustly condemned former meeting at the same Towne of Stirlin which if it had had the same successe had produced the same effect as it had the same aime and end It justified also those of the Ministery who had fled to England and those at home who approved and favoured them that in so doing they did not favour Traitors or traiterous enterprises This the Earle of Angus above all did observe and did often remember this consequent of the successe with no lesse contentment than the successe it self esteeming it a greater mercie and favour from GOD to have thus cleared their innocencie and loyaltie than that he was restored to his own home and inheritance And therefore he did often call to minde and mention that speech of the Kings That it was the very hand of GOD which had prospered their enterprise and given them that successe without bloud For though it may seem no hard matter in respect of the generall favour of the Countrey yet if we consider what a desperate enemie loath to quit such places as they have enjoyed is wont to doe it will seem strange that they should without once striking a stroke thus be gone without more ado But as it hath been found in broyles and I have particularly observed that GOD hath preserved their hands from bloud whose hearts did abhorre from the shedding of it even upon such occasions as men thought they could hardly avoid either to be frustrate of their intentions or to obtain them with much bloud where by the contrary many whose feet have been swifter their hearts lesse carefull of it have on very small occasions fallen into it So in this publick businesse it pleased GOD to look on the hearts of the actours and according to the innocencie thereof to dispose of the means of their restoring that their hands were kept pure from the bloud of any He observed also of the Town of Edinburgh how it had pleased GOD to cut short their aid and assistance which they might have given the enemy by laying of it waste and desolate through the death of 20000. persons of the plague which had raged there whereby the rest were so terrified that they were glad to forsake the City For the Courtiers did most repose and rely upon them who were readiest upon the sudden and who upon the least advertisement were wont to come at their beck without any disputing or questioning the lawfulnesse of the quarrell or justice of the cause but took every thing as from the King whatsoever was commanded in his name as they had given proof before when they conveened at Stirlin having been the first that were sent against them when they were forced to flee into England This plague began immediatly after their flight and the departure of their Ministers and increased daily with such terrour and fearfulnesse in the hearts of men that every man did interpret it to be the immediate hand of GOD striking them for their obsequiousenesse to the Court and contempt of their Ministers and now they being returned it diminished daily so evidently that after their entry into Stirlin it ceased not by degrees or piece-meale but in an instant as it were so that never any after that hour was known to have been infected nor any of such as were infected before to have died The Lane also in Stirlin by which they entred was wholly infected yet no man was known to have been tainted with it or to have received any hurt Nay the men of Annandale did rob and ransack the pest-lodges which were in the field about Stirlin and carried away the clothes of the infected but were never known to have been touched therewith themselves or any others that got or wore the clothes They also that were in the Lodges returned to their houses and conversed with their Neighbours in the Town who received them without fear suspicion or reproof and no harm did ensue upon it As for Edinburgh before the first of February within three moneths it was so well peopled and filled again with inhabitants as none could perceive by the number that any had died out of it As if GOD from Heaven should have said Lo the cause of my wrath lo the cause of my mèrcie with the going and coming of his servants a rare and remarkable work never to be forgotten as he did never forget it And for my part I think it merits to bee recorded here and that it is worthy that the remembrance thereof should remain to all posterity so far as my weaknesse can preserve it that men may see and learn to fear and seek that GOD who worketh so great things and none can hinder him A notable wonder and next unto that overthrow of the Spanish Armado in 88. both in my time both immediatly by the hand of GOD But this so much the more evidently as that there some ordinary industrie and help of man did intervene here nothing can be alledged to have brought it to passe but the very singer of GOD. Let mankinde advert and admire it And whosoever shall go about to bereave GOD of his glory by laying it over upon chance or fortune may his chance be such as his blindnesse or perversenesse deserveth Things being brought thus about who would have been so modest as not to have been so farre ambitious as in distributing the offices of the Kingdome to have taken to himself or bestowed on his friends some place of honour or profit But Angus did neither take to himself nor procure any for his particular friends followers Let ambition be silent and let her plumes fall when she seeth her self truly contemned by him He contented himself with that onely which was his own yea he even dispensed and forbore that which was his own modestly tolerating that
I continued in great anger whereof I am not yet fully freed because of that sentence or decreet reserved to Farnihaste against the Earle of Angus and though the doers bee partiall yet I blame most his owne simplicitie I must needes so call it seeing his authoritie ought to put order to others where now hee is onely a beholder of that which it pleaseth others to doe But hee must either take matters otherwayes upon himselfe or undoe himselfe and all the rest with him For if the Master of Glames forgetting the event of Ruthven businesse will needs trace the steps of the Earle of Gowrie it is not for the rest of the fellowship to be slothfull to their owne hinderance They are indeed at Court but are esteemed no better abroad then beasts in the Countrey never like to acquire the favour of any but continually declining out of the hearts of many of their well affected friends who all speake as though they saw already an evident ruine of them and that doubtlesly deserved for lying in their good cause and not vindicating Israel from Aram. Remember whence they are fallen and return or we shall bee forced to lament for that which wee shall never bee able to amend If they sticke to their cause all is sure otherwise nothing sure for either their suretie is by the Kings favour whereof I speake nothing or the favour of the people this they must have by pressing their cause of Noblemen for relieving them from bondage and revenging their bloud of Gentlemen and Commons for purging Religion restoring of Justice and providing that Tyrannie thrust not it selfe in againe If this bee urged it will confirme such as are already in the cause and will make more to joyne in it So shall the cause prosper and if occasion crave so there is a partie ever ready to take Armes for it But if omitting this a flattering or a fearefull course bee taken who shall speake plaine and assist such fearefull dissemblers who shall credit them when afterwards as heretofore they shall take on the name of the good cause I wish the Kings Majestie may bee used with all Princely reverence but not flatteringly fostered in tyranny to his owne undoing though I seeme to see even now that these flatterers shall be worthily wracked I aske them whether they had a just cause in hand or not and yet of all these evils under the burden whereof the Countrey groned they have opened nothing at all to his Majestie why is it not then justified in deed by condemning the other worthy to bee condemned Is their cause already ended And if not why is it then left off hath it not enemies why should it not then bee fortified against them The Declaration of their cause why was it published To acquire favour at the hands of the people And why then is there nothing done to retaine this favour yea rather why are such things done as procure their disfavour and hatred I see nothing but as men have dissemblingly pretended a good cause with uncleansed hearts God to discover their hypocrisie hath given them their hearts desire but for their further ruine for their Hypocrisie I cannot forbeare to write this though I bee out of hope of any good yet I suppose that such as have meant uprightly shall in Gods favour bee provided for though with trouble when God shall require of those dissemblers the bloud of such as have perished and shall perish through their default giving them a proofe of their owne wits and their unfaithfull hearts They would not serve God hee made men their masters Are means failed him No the last shall bee worse then the first It seemeth to mee that God hath even prepared a mischief for them and therefore given them over to their owne devices wherewith they are so drunke and blinded as men in a melancholicke apprehension who are past all cure of Physicke But this above all troubles mee most that till such time as good men bee all undone and the Land utterly ruined and overborne with Tyrannie it shall not bee resisted hereafter For a new Generation must arise that hath forgotten these things before that any who shall pretend a common cause get credit good men are so often deceived under that colour and pretext and drawne on to their wracke And certainely rather then I were hee that through mis-governance and evill order should undoe so many as are like to bee undone at this time I had farre rather give my owne life for it But I speake to deafe men and therefore I cease committing to God the providing for those whose hearts hee sees to bee upright having from time to time kept nothing backe of that which I knew would make for the surety of these men and the cause without troubling them with any particulars If Angus could steere in his owne roome hee might redresse the Masters errours Speake to Dunniepace and Largoe See what is done about the Barons and give me notice of such direction as goeth to their Shires I say for conclusion their earnest suite in particulars and negligence in the common cause convicts them before all men and the King may justly say They had no good meaning But if it were mine to doe wee should goe all together to the King and say this or the like speech Sir in that yee have as may be redressed our particulars wee thanke you heartily though it was ever the least part of our desire for Gods Church hath beene heavily oppressed then tell him the particulars apart Your Realme and Subjects have beene tyrannized over then tell him also some proofes Let therefore the Gospell bee restored to the owne libertie and some men chosen to set downe some sure policy which may last and continue Let some also bee deputed to heare the plaints and grievances of such as have beene wronged under the colour of your Majesties name and let their wrongs bee redressed as much as is possible and such order taken that the Subjects may bee out of feare heareafter of suffering so they keepe the Lawes Let the Lawes also bee revised by wise men and such of them taken away as bee hurtfull to the Subjects for you shall finde the like Ordinance touching Acts of Parliament of olde This being done wee doubt not but God shall blesse you and your Countrey seeing the neglecting hereof hath beene the cause of the evills past Sir doe it your selfe for the gaine is yours though wee put you in minde of it Now except this bee done there can bee no continuing quietnesse Postscript THeir foolish proceedings make all men to stand aloofe I heare the Lord Boyd is secretly in this Countrey of Scotland but seeth not that in them which hee could wish Let the Master behave himselfe as hee pleaseth can the King but thinke that hee would rather wish his owne ●…ster sonne King I finde great fault that the Abbots Driebrough and Cambuskenneth Lie abake who are practitioners and
King an insolent fact against law and custome and however Colvill had deserved it which they could not deny yet it was a perillous example prejudiciall to all order and to the King to whom the punishing of such things belonged So that the King became highly offended therewith Hereupon the Earle Douglas partly to give place to his Princes anger partly upon some remorse as all bloud hath ever some touch and sting of Conscience with it the next yeare beeing the yeare of Jubilee hee purchased a license from the King to goe to Rome pretending he would doe pennance for the said slaughter but as his enemies did interpret it to shew his greatnesse to forraigne Princes and Nations Before hee tooke his journey having a care of his house and being out of hope to have children of his owne as having been seaven or eight yeare married without children he procured his second brother James to be received by the King and confirmed in the Earledome after himselfe There went with him in company a great number of Noblemen and Gentlemen such as the Lord Hamiltoun Gray Salton Seaton Oliphant and Forbesse also Calder Urwhart Cambell Fraiser Lawders of Crumartie Philorth and Basse Knights with many other Gentlemen of great account Hee went first to Flanders and from thence by land to Paris where he was honourably received by the King of France whom some call Lewis the eleaventh but it must needs be Charles the seaventh who lived till the yeare 1460. some tenne yeares after this Jubilee which behoved to bee in the yeare 1450. The remembrance of the good service done by his Uncle at Bauge and his Grandfather at divers times and at last for spending his life for him at Vernoile was not yet worne out of Charles his memory in regard whereof and for the place he carried and the publick League between the Countreyes he omitted no kind of honour undone to him that was fit for his qualitie and ranke from thence he tooke his journey towards Rome which was filled with the expectation of his coming He had taken from Paris with him his youngest brother George a young man who was there at Schooles and of whom there was great expectation but he died by the way to his great griefe he is said by the manuscript to have been nominated Bishop of Dunkell and that he was to be inaugurated at Rome Buchannan also saith it perhaps following the manuscript but they both forget that his eldest brother Henry is said by the same manuscript in the life of their father to have beene Bishop of Dunkell and this George died before he was fifteene yeares of age I take it also to be an oversight in this same Buchannan that hee saith that this George was destinated to be Earle by the Kings permission after his brother who had no children For it is against reason that hee being youngest of many brethren worthy men should have been preferred before them while he was but yet a childe at school While the Earle was thus in his pilgrimage his enemies slept not at home but taking the opportunitie of his absence did both blame him at the Kings hand by all invention they could devise and stirred up such of the common people as had received any wrong of any man to complaine to the King alledging they had received it by the Earle Douglas friends or servants and by such wayes moved the King to cause seeke Siminton then Bailiffe to the Earle in Douglasdale and to cite and summon him to answer to such crimes as were laid to the Earles charge for the actions perhaps of his dependers and clients or at least for such things as his Lord had neither commanded neither happely heard of Siminton looking for no equitie at their hands who moved such a citation choosed not to come into judgement suffering things to passe rather for non-compeirance than to compeire not knowing the state of things nor how to answer having neither knowledge of them by himselfe nor direction nor information from his Lord. Upon this occasion his enemies laid hold interpreted this his non-compeirance in the most odious sort and called it contumacie and what grievous name they could devise So they moved the King to send his servants and apprehend him and would gladly have proceeded with all extremity against him exclaiming against his presumptuous contempt of the King and telling the King that his royall authoritie was become a mockerie and despised by every base fellow That by his lenitie he did but foster the malapertnesse of the wicked sort That by impunitie new doores were opened to new misdoers with such other speeches in the most vehement maner they could to have dipped the King in bloud and cut off all hope as farre as in them lay of reconcilement betwixt them But he not being so farre alienated as yet from Douglas howbeit the complaints of so many had stirred up some dislike and taken impression in his minde was not moved with their speeches in that high nature but persisted in his opinion to recompence the Complainers in their losses of goods by goods but not to meddle with any mans bloud wherefore he caused Siminton to be set at libertie and commanded him onely to satisfie the Complainers But hee who could neither answer without information nor satisfie without direction humbly besought his Majestie that since he had not information and could not answer being but a servant and unacquainted with businesse seeing also he was not Collector of his masters rents but onely commander of his servants it would please him to delay the matter till his Lord returned whom he expected within few moneths who he doubted not both could and would answer to whatsoever complaint and satisfie sufficiently at his Princes pleasure whatsoever dammage he should have beene found to doe to any man This seemed most reasonable that the Earle himselfe should be heard first and not condemned unheard and in his absence and there could bee no great prejudice in a short delay Wherefore the King condescended to it and yet notwithstanding being importuned by the multitude of new complaints he sent William Sinclair Earle of Orkney a near Cousin to the Earle Douglas being Chancellor for the time to intromet with his goods and rents in Galloway and Douglas to satisfie Complainers therewith but it was to no purpose for hee was eluded and almost mocked by the tenants He alledged and reported to the King that was done by the instigation of the Earle of Ormond that he was so frustrate for the Earle Douglas had committed to him the mannaging of his estate in his absence and he greatly disdained that Orkney being so neare of bloud and alliance to them should have undertaken that charge The King irritated herewith as a contempt of his authoritie caused Heraulds to be directed or Pursevants to summon all of the name of Douglas and their favourers to compeire upon a certaine day and the Earle himselfe within threescore dayes