both and little advantage to any of the parties Richard having his reign in the infancy and not yet settled nor come to any growth and maturity being obnoxious to the scandal of his Brothers Sons and possessed with fears of Henry Earl of Richmond then remaining in France who by all honest and good men was earnestly invited to come home and hazard one day of battail for a whole Kingdom knowing it necessary for the advancement of his designs to have peace with all his neighbour Princes to render himself more secure and safe at home and terrible to his enemies abroad sendeth Embassadours to Scotland to treat a Peace or a suspension of Arms for som years King Iames no soflier rocked in the Cradle of State than Richard chearfully accepteth this Embassage for by a peace he may a little calm the stormy and wild minds of tumultuous Subjects reducing them to a more quiet fashion of living and seclude his Rebels and banisht from entertainment in England and all places of Refuge and Sanctuary The two Kings agreeing in substance Commissioners are appointed to meet at Nottingham the seventeenth day of September For the King of Scotland appear'd the Earl of Arguâ—l William Elphinstoun Bishop of Aberdeen the Lord Drummond of Stobhall the Lord Olyphant Archebald Whitelaw Secretary Doncan Dundass Lyon King of Arms. For Richard of England appeared the Duke of Norfolk the Earl of Northumberland the Lord Stanley the Lord Gray the Lord Fitshugh Iohn Gunthrope privy Seal Thomas Borrow Master of the Rolls Sir Thomas Bryan Chief Justice In the latter end of Septemb. these conclude a peace between both Realms for the space of 3 years The same to begin at the rising of the Sun Septem â—9 in the year 1484. and to continue unto the setting of the Sun on the 29. of Sept. in the year 1487. During which time it was aggreed that not only all hostility and war should cease between the two Realms but that also all aid and assistance against enemies should be afforded It was agreed the Town and Castle of Berwick should remain in the hands of the English for the space of the foresaid term with the same bounds the English possessed That all other Castles Holds Fortresses during the term of thrâ—e years should remain in the hands of those that held then at that present the Castle of Dumbar only excepted which the Duke of Albany delivered to the English when he left his Countrey Which Castle for the space of six moneths should be exposed to the invasion of the Scots if they could obtain it and during the assaulting of this Castle the Truce shâ—uld not be broken Neither should the English within the castle do any harm to the Scots dwelling thereabouts except to those who invade the Castle and at that time And that it should be lawful to any of the Parties to use all Statagems and extend their power either for winning or defending the said Castle It was agreed That no Traitor of either Realm should be received by any of the Princes of the other Realms and if any Traitor or Rebell chance to arrive in either Realm the Prince therof should deliver him upon demand made Scots abiding within the Realm of England and sworn there to the King may remain still so there names be made known to the King of Scotland within fourty daies If any Warden of either Realm shall invade the others Subjects he to whom such a Warden is subject shall within six daies proclaim him Traitor and certifie the other Prince thereof within twelve daies In every safe conduct this Clause shall be contained Providing alwaies that the Obtainer of the safe Conduct be no Traitor If any of the Subjects of either Prince do presume to aid and help maintain and serve any other Prince against any of the Contractors of this Truce Then it shall be lawful for him to whom he shewed himself enemy to apprehend and attach the said Subject comming or tarrying within any of their Dominions Collegues comprehended in the Truce if they would assent thereunto on the English part were the King of Castile the King of Arragon the King of Portugal the Arch-Duke of Austria and Burgundy the Duke of Bretaign Vpon the Scottish part Charles King of Denmvrk and Norway The Duke of Guilderland this treaty was appointed to be published the first of October in all the great and notable Towns of both Realms It was agreed that Commissioners should meet at Loch-maben the 18. of November as well for redress of wrongs done on the west Marcbes as for declaring and publishing the peace where the greatest difficultie was to have it observed Richard after this truce intreated a marriage between the Prince of Rothsay eldest Son to King Iames and Lady Anne dela Pool Daughter to Iohn Duke of Suffolk of his Sister To this effect Embassadours meet at Nottingham others say at York and it is concluded Writings thereupon being drawn up ingrosled and seal'd And affiances made and taken up by Proctors and Deputies of both parts Lady Anne thereafter being stiled the Princess of Rothsay But by the death of her Uncle she injoyed not long that title After the league and intended marriage King Iames wrote friendly letters to Richard concerning the Castle of Dumbar Whether he could be content that the same should remain only six moneths in the power of the English or during the whole space of True That he was not minded to seek it by arms during the term of the whole Truce Notwithstanding he earnestly required out of the bond of Love and Frindship between them since it was given unto the English by Treason and neither surprised nor taken in lawful war it might be frindly rendred Richard dalâ—yd with him and pass'd away that purpose with complemental Letters all the time of his Government which was not long for the year 1486. Henry Earl of Richmond came with some companies out of France of which that famous Warriour Bernard Sâ—uart Lord Aubany Brother to the Lord Darnley in Scotland had the leading which by the resort of his Countrey men turned into an Army and rencountred Richard at Bosworth where he was killed and Henry proclaimed King of England To which victory it was uncertain whether virtue or fortune did more contribute Alexander Duke of Albany before this disaster of Richard at a Tilting with Lovys Duke of Orleance by the splint of a Spear in his head had received his death-wound 1483 He was a man of great courage an enemy to rest and peace delighting in constant changes and novations He left behind two Sons Iohn Duke of Albany begotten of his second marriage upon the Earl of Bulloignes Daughter who was Tutor to King Iames the fifth and Governour of Scotland and Alexandâ—r born of the Earl of Orkenays Daughter his first wife Bishâ—p of Murray and Abboâ— of Skroon Into which places he was intruded to make the Government of his other Brother more peaceable Margarite the Queen
The Peaceproclaimed the Duke of Gloucester in all solemnity of greatness returned towards London being welcomed by the King with many demonstrations of great joy He to show how much he approved the conditions of this Peace went solemnly in procession from St. Stevens Chappel now the Parlament House accompanied with the Queen his Sister and a mighty retinue of the greatest Lords into Westminster Hall Where in presence of the Earl of Anguss the Lord Gray and Sir Iames Liddale Embassadours extraordinary from Scotland the peace was ratifyed At the return of the Scots Embassadours to their Countrey King Edward sent an Herauld with them who in his Masters name gave over the marriage contracted between the Lady Cicilia and the Prince of Rothsay and required the money which had been delivered upon hopes of consummation to his King The Citizens of Edenburgh had given their Bond for the redelivery and a day being granted to them for the payment they at the appointed day intirely delivered the sum Some thought King Edward recalled this marriage of a suspition he conceived that the Ambition of the Duke of Albany and the hatred of the Subjects against their King amidst the manifold distractions of the Realm might hazard the Succession of the Prince of Rothsay to the Crown But king Edward having gained what he had endeavoured most to acquire a division amongst the Nobles of Scotland and by this a Security from their assisting the French rejected the Match Besides the Duke of Gloucester who after his comming in Scotland was laying the foundations of the usurping the Crown of England his Brother once dead thought the alliance of his Brothers Daughter with a King of Scotland too strong a Support to that Race which he was to declare Bastards and a Rock upon which he was confident he should make a fearful shipwrack Neither his Brothers Daughter being marryed to a King of such martiall and turbulent Subjects as the people of Scotland durst he ever attempt the taking away of her Brothers and King Edward in neglect of this match committed a greater errour of State than he did in his marrying the Lady Elizabeth Gray and forsaking the Lady Bona Daughter to the Duke of Savoy According to the Records of some Authors whilst the King is kept nine Moneths in the Castle of Edinburgh the Duke of Albany the Lord Evandale Chancellour the Earl of Arguile the Archâ—bishop of St. Andrews the Earl of Athole his Uncle who for the preservation of his person and honour of his Office accepted the charge to attend him in that Fortress governed the State The King say the honest Records had all honour which appertained to a Prince save that he could not come abroad and none was permitted to speak unto him except in the audience of some one of his Lords Keepers and that his Chamber doors were shut before the setting of the Sun and long after the rising opened Proclamations are publisht in his name and Authority and other publick writings Such who only heard of him could not but take him to be a free and absolute Prince when near he was but a King in phantasie and his Throne but a Picture the regal Authority being turned into a cloak to cover the Passions of those who did govern The Duke of Albany dayly importuned by the solicitations Prayers and tears of the Queen a calm and temperate Lady for her Husbands Liberty finding himself not so respected by the other Governours as his birth and merits did deserve being a man who delighted in nothing more than in changes and novations of Court and State after so many scorns and rebukes offered to his Brother and King commiserating his long sufference and believing that good turns would make past offences be forgotten and recent benefits were sufficient to blot away old injuries withall remembrance of former discontents whilst the other Governours at Sterling securely passed the time posted in the night to Edenburgh Here a meeting being appointed of some of his friends and Vassals who knew nothing of his intentions by the assistance of the Citizens of Edenburgh men intirely loving their King and devoted to him all the time of the insurrection of his Nobles who gave the first assault yet was it rather their intelligence than force the Castle is surprised the King and all his Servants set at libertie This unexspected and noble act of the Duke of Albany having so fortunate a success brought a mighty change on the Court and State The King is now again reinstall'd and hath this residence in his own Palace to which many Noblemen and Gentlemen have frequent concourse rejoicing to see such evident tokens of love pass between the two Brothers if their affection could have continued The Provost and Baylies of Edinburgh in recompence of their service were made Sheriffs within all the bounds of their own Territories and rewarded with other privileges contained in that patent which they call their golden Charter 1482. The Lords of the contrary faction who remained at Sterlin by this new accident betook themselves to new thoughts and considerations every man full of fears and repinings flying to his own dwelling place and conceaving a great hatred against the Duke of Albany They said he was inconstant rash mad in setting at liberty the man who would prove his Executioner and one who would never forget any profer'd injury that if he perished before them it was but his own just deserving and procurement The Duke contemning those reproaches and answering their calumnies and evil words with patience and good deeds by the mediation of the Earl of Anguss Studied a reconciliation between the King and his discontented Lords And his endeavours had such good success that in a short time after this Atonement some of them turned so familiar and inward with the King that like the Ivy they began to sap the wall by which they had been supported They made the wound of the Kings old jealousies ranckle again and added poison to former discontents remembring him of the unnaturalness of his Brothers first Rebellion and assuring him that his antient Ambition had yet more power of him than his new fears of honesty and respect That howsoever he shewed outwardly the arguments of a reconciled Brother he loved yet to govern and aimed at the Crown That he had wrought his liberty to bring a greater confusion in the State than he had ever done before The King who ever had a watchful eye over his reconciled Enemies and who desired to be freed and fairly quited of them all gave way to their calumnies And they after long deliberation resolve upon a plot to bring the Duke within compass of law and summoned him to answer upon Treason And this was the rendring of the Town of Berwick to the English which they undertook to prove was only by his intelligence procuration and being in company with the Duke of Gloucester in that expedition Though the Duke had an absolute and general pardon
and unto whom victory appertained Many brave Scots did here fall esteemed to above five thousand of the noblest and worthiest Families of the kingdom who choosed rather to dy than out-live their friends and Compatriots The Kings natural Son Alexander Arch-Bishop of St. Andrews the Bishop of the Isles the Abbots of Inchjefray and Kill Winny The Earls of Crawfoord Mortoun Arguyl Lennox Arrel Catâ—ness Bothwel Athol the Lords Elphinstoun Aerskin Forbes Ross Lovet Saintclare Maxwell with his three Brothers Simple Borthick Numbers of Gentlemen Balgowny Blacka-Towre Borchard Sir Alexander Seatoun Makenny with Macklean George Master of Anguss and Sir William Dowglass of Glenbervy with some two hundred Gentlemen of their name and Vassals were here slain The English left few less upon the place but most part of them being of the common sort of Souldiers and men of no great mark compared with so many Nobles killed and a King lost the number was not esteemed nor the loss thought any thing of The Companies of the Lord Hume had reserved themselvs all the time of the fight keeping their first order and when by the Earl of Huntley he was required to relieve the Battallion where the King fought he is said to have answered That that man did well that day who stood and saved himself After the retreat his Followers gathered a great bootie of the spoils of the slaughtered This fight began Sept. 9. about four of the clock after Noon and continued three houres the year 1513. About the dawning of the next Morning the Lord Daâ—res vvith his Horse-Troops taking a view of the Field and seeing the brazen Ordnance of the Scots not transported with most part of the faln bodies not rifled sendeth speedy advertisement to the Howards and the pensive Army inviting all to the setting up of Trophees Spoil and transporting of their great Ordnance to Berwick amongst which were seven Culverins of like size and making called the Seven Sisters Divers diversly report of the Fortune of the King We without affirming any thing for certain shall onely set down what Fame hath published a false Witness often of human accidents and which many times by malignant brains is forged and by more malignant ears received and believed The English hold that he was killed in this Battail the Scots that many in like Arms with the like Guards were killed every one of which was held for the King Amongst others Alexander Lord Elphinstoun his Favourite who had marryed Elizabeth Barley one of the Dames of Honour of Queen Margarite He was a man not unlike to the King in face and stature and representing him in arms in the field with the valiantest and most couragious of the Army fought it out and acting heroically his part as a King was killed heaps of slaughtered bodies environing his In the search where the fight was the number taleness furniture of the dead bodies being observed their faces and wounds viewed his body as if it breathed yet majesty was amidst the others selected acknowledged for his Maisters brought to Berwick and embalmed That it was not the body of the King the girdle of Iron which heever wore and then was not found about him gave some though not certain testimony Some have recorded that the fortune of the day inclining to the English four tall men mounted upon lusty Horses wearing upon the points of their Launces for coignoscances Streamers of Straw mounting the King on a Sorrel Hackney convoyed him far from the place of fight and that he was seen beyond the Tweed between Kâ—lso and Dunce After which what became of him was uncertain Many hold he was killed in the Castle of Hume either by the intelligence between the English and the Lord Humes kinred or out of fear for they were at the slaughter of the Kings Father and the most violent in that fight or of hopes of great fortunes which would follow innovations and the confusion of the State being men who liv'd best in a troubl'd Common wealth and upon the Borders One Carra follower of the Lord Humes that same night the Battail was fought thrust the Abbot of Kelso out of his Abbacy which he never durst attempt the King being alive Another David carbreath in the time of Iohn the Governour vaunted that however Iohn wronged the Humes he was one of fix who had abated the insolency of King Iames and brought him to know he was a Mortal To these is added that the Governour Iohn not long hereafter cut off the heads of the Lord Hume and his Brother without any known great cause The Common people ever more addicted to superstition than verity believed he was living and had passed over the Seas and according to his promise visited the holy Sepulchre in Palestine Therefor his other offences and the bearing of Arms against his Father in prayers and Pennance he spent the remainder of His tedious daies That he would return again when he found opportunity and the necessity of Europe requird him This report was of as great truth as that which the Burgundians have of the Return of their Duke Charles after the Battle of Nancy most of them believing he escaped from the conflict He was lost the twenty and five year of his Reign the thirty and ninth of his age the ninth of September 1513. This King was of a vigorous body his stature being neither too tall nor too low of a pleasant countenance of a pregnant wit but by the faults of the times in which he lived not polished with Letters He excelled in horse-manship fencing and shooting By much watching slender diet and use he was enabled to enduâ—e all extremities of weather scarcity or want of rest with good health of body He was just in giving judgement in punishing malefactors severe yet tractable and moderate With the peril of some few he restrained vices and rather shook the Sword than struck with it He knew there were some things though Princes might yet they ought not to do He was easie of access most courteous in speech and meek in answering every man He was so far from being over taken with anger or other violent perturbations that he was never observed to have given an evil or disobliging word to any or that the colour of his face changed by any offence offered him or informations given him relying without passion upon his own magnanimity He was of a free and liberal disposition far from any ostentation As he understood well the Art of giving so to acquire and purchase he was not sufficient of himself but made use of men who drew more hatred upon their own heads than moneys into their Princes coffers Though he delighted more in War than the Arts he was a great admirer and advancer of learned men William Elphinstoun Bishop of Aberdeen builded by his Liberality the College of Aberdeen and named it The Kings College by reason of those Privileges and Rents the King bestowed upon it His Generosity did shew it self in not
favored the Dowglasses and Humes to perswade them to a Return giving them fair promises of obtaining what they should demand Till at last he removed them to bow and yield to his desires The fugitive Gentlemen returnd but the Queen being with child and near the time of her delivery was necâ—ssitated to stay still till at Harbottle Castle she brought forth her daughter Margarite after Grand-mother to Iames King of Britain So soon as she was able to endure travel and be transported King Henry with an honourable retinue brought her to his Court where she was by him and his Sister Mary late Queen of France welcomed In May she made her progress through London to Baynards Castle and from thence to Greenwich The Contrivers of the exploit of transporting the King to England being within the Country and as it were secure the Governor whose head was filled with suspitions not thinking himself bound by promises will have them give a reckoning of their enterprize and flight into England Against some he hath clear proofs fair and manifest evidences aganist other bare surmises and naked suspitions for they had not left the Country nor had they been partakers of the Queens fortunes Here with an unexspected suddenness M. Gaven Dowglas Uncle to the Earl of Angus Bishop of Dunkel Mr. Patrick Panther Secretary to the late King were committed Mr Gaven in the Castle of St. Andrews Mr. Patrick in Garvet Castle The Lord Drummond grand-Father to the Earl of Angus having beaten a Lyon Herault who too imperiously had given a charge to answer such things should be objected against him was imprisoned in the Castle of Blackness Alexander Lord Hume being charged to answer for his actions and proceedings and not appearing was denounced Rebel his moveables seised on and brought to the Exchequer Stir'd up and irritated by this outrage he maketh Roads upon the neighbour bounds plundereth Dumbar which was the Governors chief resort and to revenge his wrongs setteth on work the Robbers on the borders To repress and bridle this ravaging the Governor in person with a thousand hardy Souldiers marcheth to the Borders directeth some companies to find out the Lord Hume but he either dismaid at the worth and fortune of the Governor or broken and bowing under the burthen of his won miseries commeth to the Governor and submitted his life and estate to his faith and clemency brought to Edinburgh he is trusted to the custody of Iames Earl of Arran the Husband of his Sister with threatnings under pain of High Treason that he should not part with him nor suffer him to escape The Lord Hume had not long staid in the Castle of Edinburgh when with glosses of probalityes of changes casual and such as might fall forth he moved the Earl of Arran to be of his Mind and brought him to conspire against the Governor and hazard to put himself in his place of State He himself was the only man who had brought in the Governor and he knew well how to put him out if the Earl would be of the Party and by his negligence nor reject a Supream honor thrown in his arms He is begun already not to be lov'd if he was not already hated by the subjects bâ— his imperious proceedings If the King of England could find some few Noblemen to make head against him he would constrain him to leave the Country The Earl of Arran was neerest heir to the King it was more reason he should be second in the Kingdom than Iohn who though descended of a brother yet a banisht man and a stranger to the Scots Nation with whom they had not so much as intercourse and famiâ—iarity of language After many such like imducements the Prisoner took away his Keeper with him to the South parts of the Country and both by Letters to their Familiar Kinred and acquaintance and private meetings with other Noblemen strove to make strong and increase their faction In the beginning of the Spring Iohn Stuart Earl of Lennox the Sisters son of the Earl of Arran listed himself in the party of the conspiring Lords and with a number of his Friends and Followers invested the Castle of Galsgow which if they could have kept had been a great advancement to their intentions But the Governor gathering an Army of as many as hast would suffer him to assemble the Defenders not being strong enough to resist him recovered the Castle with small loss of his men After which in indignation he marched to throw down the Castle of Hamilton here victorious anger was conquer'd by pitty and compassion for the old Countess of Arran being at that time there resident who was daughter to King Iames the second Sister to King Iames the third mother to the Earl of Arran Grand-mother to the Earl of Lennox Aunt to the Governour a Lady venerable for years and virtues with tears of affection and sorrow falling down at the Governors feet and received by him with great commiseration in a merciful manner not only preserv'd the Castle but by the means of the Arch-bishop Andrew Forman entered into a Treaty for peace to her Son and the Earl of Lennox And in November the two Earls comming to Edenburgh by the means of this Arch-Bishop were reconciled with the Governor About this time his Mother being far from him to discharge the last duties of affection towards him Alexander Duke of Rothsay brother to the King a child to â—â—miration beautiful and Delightful dyed at Sterlin and was buryed in the Abby Church of Cambuskenneth The term of Peace between the two Kingdomes being almost expir'd and both having a desire to continue it the English sent their Commissioners to Coldingham to whom the Duke then resident at Dumbar sent Monsieur du Plains Embassador for the French King Sir William Scot of Balweary and Gaven Dumbar Arch-Dean of Saint Andrews These after some altercation concerning the Scottish Fugitives conclude a Peace between the Nations from the midst of Ianuary till the feast of Whitsuntide after The English comprehended in the Articles the Earl of Anguss the Lord Hume and the rest of the Queens strayed Faction with all their Kinsmen Clients and Followers The Lord Hume was received again into the Governours favor with condition that if he after break his promises and oaths his old faults should be remembred and joined to his new Master Gaâ—en Dowglasâ— and Mr. Partrick Panther were set a Liberty The Lord Drummond who had been 〈◊〉 was again restored the Eaâ—l of Angâ—ss with these who had followed him with many câ—remonies and great store of Friâ—ndship was welcomed again to the Court. The Disorders of the Kingdom called a Parlament in which many acts were made to restrain and keep under bold and wickedmen and preserve the peace of the Kingdom In this Parlament it was Ordained the Kings Brother Alexander being deceaâ—ed that the Governour should be reputâ—d second person of the Realm and next heir to the Crown Notwithstanding of the
the Lord Areskin his constant and unremovable Guardian For the Government of the State he leaveth seaven Deputies in his Place The Earl of Arran Angus Huntley Arguyl the Arch-Bishops of St. Andrews and Glasgow to these is adjoined Sir Anthony Darcey le Sieur de la Beautie whom he had made Câ—ptain of Dumbar and promoted to be in the Lord Humes Place Warden of the East Marches keeping the daies of Truce and Justice Courts This was the man to whom the entire Conduct of all the Governours affairs was intrusted and who should give him advertisement of what did pass in Scotland during his aboad in France That no discord should arise amongst men equal in places and authority the ordinary occasion of division several shires which they should govern to every one of them are alloted To Sir Anthony Darcey was destinated the Government of the Merss and Lothian to the other their shires were appointed as the convenience of their dwelling places Friends and Kinred did afford them Under pretexts and fair colours of honour and as to pass the time and be trained in French Civility also for the greater magnificency the Governour took in his company the Earl of Lennox the Lord Gordon Masters of Glencaâ—n and Arran other young Lords who in effect were so many Hostages that no stir by their Parents Kinred Friends should be raised during his absence He likewise under dark Shadows and far sought pretences committed to such Castles as were garrisoned with French Souldiers as Dumbarton Dumbar Garâ—et certain Barons of the South and West Countreys and who wanted nothing but liberty not for any thing they had done but what they might do the Governour being out of the Kingdom Matters brought to such a pass as his best Politicians could devise accompanied with Master Gaven Dowglas Bishop of Dunkell and Master Partick Panther Secretary to the late King men whom he feared to leave behing him and entertained though he knew they loved him not as his bosome friends in Iune at Dumbartoun he took Shipping Queen Margarite after she had remained a year in England understanding by Letters the Governour had taken the Seas and was on his way towards France honourably dismissed by her Brother came to Scotland At Berwick she was received by her Husband the Earl of Anguss but he was not accpeted with the favours he was wont for that plague of too much love jealousie had infected her having gotten some inkling that he delighted in a free bed and during the time of her aboad in England had entertained a MIstress in Dowglas dale an injury beyond degree of Reconcilement after which she began to disdain him and seek how she might be devorced from him Though whilst the King was kept in the Castle to Edenburgh all access unto him was refused her when hâ— was transported to the Castle of Craigmillar out of a suspition and rumour the Plague had infested Edenburgh by the courtesie of the Lord Areskin she had liberty to visit him But her frequent haunting him out of too much motherly kindness breeding a suspition in his Guardians that as had once before been practised by a Queen in Scotland she had an intention to have stoln him away and send him to his vncle restrained her longer access to him and procured his retuâ—n back again to the Castle of Edinburgh Sir Anthony Darcey having by his vigilancy pains courage given many proofs of his worth in defence of the Borders and administration of Justice in those shires he governed The other Governours often disagreeing amongst themselvs either out of Love of rest and to be vacant from business or out of malice to procure him greater hatred declare him absolute Deputy and they gave their promises to second him in way of Justice and here he found the difference between extreams and mediocrities Many disdained a Stranger should be in that place so many brave men of their Nation neglected A quarrel at that time either true and reall or as others have recorded altogether forged and contriv'd to draw the Deputy in a Danger arising between the Stewards of the Laird of Langtoun and one of his Uncles who by the power and means of Sir David Hume of Wedderburn whose Sister was his wife had thrust out and ejected the young heir and them of their own Castle of Langtoun and kept it by force The Deputy aâ—companyed with certain Lords of the Borders and some French men his own Domesticks came to the Town of Dunce to hold a Justic Court concerning this Riot The Humes who thought nothing juster than revenge nor nobler than the effects of anger having sworn a requital of their Chieâ—s wrong and to pay the Governour home when occasion should be offered by the counsel and forwardness of Sir David Hume lay an ambush and ly in wait for the Deputy the Plot not failing they invade him at such a disadvantage the some fo this Servants killed he was constrained to seek an escape by the swiftness of his Horse who in the chase either falling or sinking in a marish left his Mâ—ster to the cruelty of his Persuers who strook off his head and to feed their eyes with the spectacle of their rage set it to the disgrace of the French on the battlements of the Castle of Hâ—me This end had Sir Anthony Darcey who deserved so well both of France and Scotland having been courteous valiant and noble in all his actions and a great Administrator of Justice who spared no travel and freely adventured upon any dangers to suppress malefactors and desend the weak and innocent The Governours That gâ—eater mischief should not follow the boldness of these men made choice of the Earl of Arran to resist their outrage and declare him Warden of the Mâ—rches and Supreâ—m Which eleâ—tion displeased the Earl of Angus the Earl of Arran armed with power neglecting Angus his interest immediately committed Sir George Dowglas his his Brother to the Castle of Edenburgh and Mark Car in Garvet Castle out of a suspition they were accessory to the slaughter of Sir Anthony Darcey In a Parliament shortly following many of the Humes and Cockburns Fugitives for this slaughter and for that they had invited the English to their aid and spoil of the Countrey are declared Rebels The Parliament being dissolved the Earl of Arran with a sufficient number of Souldiers and some great Ordinance besieged the Castles of Hume and Langtoun and had them rendred to his mercy When the accident of Sir Anthony Darcey was noised at the Court of France King Francis is recorded to have said he never looked for better at the hands of the Scots and that the Duke of Albany should have deputed men of their own nation to have governed them and not a stranger being a people delighting in Misgovernment ever well pleased at the Falls and tragical ends of their Rulers and joying to see any hard hap happen to them they deem happy The Bishop of Dunkell who had
Streets out of Windows furnished him he invested a part of the Town and barricadoed some Lanes with Carts and other impediments which the time did afford The adverse party trusting go their number and the supply of the Citizens who calling to mind the slaughter of their Deacon shew them small favour disdaining the Earl should thus muster on the Streets in great fury invade him Whilst the bickering continued and the Town is in a Tumult William Dowglas brother to the Earl of Angus Sir David Hume of Wedderburn George Hume brother to the late Lord with many others by blood and Friendship tyed together enter by violence the East Gate of the Town the Citizens making small resistance force their passage through the throngs seek the Earls enemies find them scoure the streets of them The Master of Montgomery eldest Sonne to the Earl of Eglintoun Sir Patrick Hamiltun Brother to the Earl of Arran with almost fourscour more are left dead upon the place The Earl himself findeth an escape and place of retreat through a Marsh upon the North side of the Town The Chancelour and his retinue took Sanctuary in the Dominican Fryers the tumult by the slaughter of some and flight of others appeased the Earl of Angus now freed of danger licensed all who pleased without further pursuit peaceably to leave the Town of Edenburgh and return to their own Houses Some daies after the Humes well banded and backed with many Nobles and Gentlemen of their linage by the Earl of Angus consent took the Lord Humes and his brothers heads from the place where they had been fixt and with the funeral Rites of those times interr'd them in the Black-Fryers The Earl of Angus having angled the peoples hearts by his Magnificence Wisdom Courage and Liberality his Faction began to bear greatest sway in the Kingdom For the continuance of which the King of England dealt most earnestly with the French King to keep the Duke of Albany still in France with him But the French had contrary designs And when the Duke understood the great discords of the Nobility of Scotland persons of Faction being advanced to places dangerous immunities being granted to the Commons France and England beginning to be tyred of their Peace and preparing for a new war to curb the Scottish Factions keep the Nation in quietness in it self by giving the Subjects other work abroad whilst common danger should break of particular discords Notwithstanding of the English Ships which lay in wait to take him after he had been about five years in France in November he arrived on the west coasts of Scotland at a place named Garloch The Governour comming to Edenburgh set himself to amend the enormities committed in his absence the Magistrates of the Town are deposed because in the late uproar they had been evil seconds to the Lords of the west when they went to surprize the Earl of Angus A Parliament is called to which many Noblemen and Gentlemen are cited to make appearance in February to be tryed and to answer for offences committed by them in the Governours absence The appointed time being come these who appeared not were indicted and â—led into England Amongst which and the chief were the Humes and Cockburns men Authors and accessary to the death of Sir Anthony Darcey The tyde now turning and mens affections changed the Earl of Angus with his brother Sir George Dowglâ—s by the intercession of the Queen are constrained to seek a Pardon which was obtained for them but with the condition that they should leave the Countrey and stay in France one whole year which they obeyed Others have recorded they were surprized in the night and in French Ships conveyed privately away Mr. Gaven Dowglas Bishop of Dunkell in the absence of his Nephew finding the Governour violent in the chase of the Faction of the Dowglasses fled privately to the Court of England where he gave informations to King Henry against him He alone had taken to him the custody of the young King the sequel wâ—ereof he much feared he was an irreconciliable enemy to the whole Family of the Dowglasses The principal cause of his comming to Scotland was to engage the Nation in a War against England that the English Should not assist the Emperour against the French King and make his Nation slaves to France This Bishop shortly after dyed at London and was buryed in the savoy Church having been a man noble valiant learned and an excellent Poet as his works yet extant testifie The King of England upon such informations sent Clarencieux King of Arms to Scotland to require the Duke to avoid the Country according to the Articles agreed upon between the French King and him in their last truce It belonged said Clarencieux to his Master to tender the life wellfare honour fortunes of his Nephew of none of which he could be assured so long as the Duke ruled and stayed in Scotland It was against all reason and unbeseeming the man should be sole Guardian to a King who was the next heir to the Crown how easily might he be tempted by opportunity to commit the like unnatural cruelty which some have done in the like case both in England and other parts of Europe if he loved his Nation and Prince as he gave out he required him to leave the Country which if he yield not unto but obstinately continued in a re resolution to stay he denounced from his Master present war He farther complained Thâ—t the Earl of Anguss who was King Henries Brother-in Law was by him banisht and detained in France That during the banishment of the Earl which had been neer a whole year the Duke had impâ—tuned his Sister the Queen with dishonest love The Governour answered Clarencieux That what the Kings of France and England agreed upon in their Treaties of Peace was to him uncertain but of this he was most certain That neither the King of England nor France had power to banish him a Forainer over whom their authority did not reach his native country like over like having no jurisdiction As concerning the King of Scotland who was yet young in years he reverenced him as his soveraign Lord and would keep and defend both him and his Kingdome according to his Conscience honour and bound duty that there were ever more men in the world who desired to be Kings than there were Kingdomes to be bestowed upon them of which number he was none having ever preferred a mean estate justly enjoyed before a Kingdome evil acquired For the Earl of Angus he had used all Courtesies towards him notwithstanding of his evil demerits not for his own sake he did confess but for the Queens sake whom he honoured and respected as the Mother of his Prince and towards whom he should continue his observance That the King of England needed not misdoubt he would attempt any thing should derogate from the honour of his sister that complements of meer curtesie in France might
Laws The Duke to raise his own reputation to the disadvantage of the King with all secrecy of his intentions had procured himself a vast Authority with the Nobles by a semblance of liberality wasting the Patrimony of the Crown as remitting Treasons restoring again Lands annexed to the Crown He had studied so conciliate to him the minds of the Commons that the desire of a King did not much touch them using such moderation in his proceedings that his Government seemed unto many not only tolerable but desirable He had essayed to draw the Earl of Dowglass and had drawn the Earl of March to enter into a League with him and these Noblemen then in the Castle of St. Andrews divided the Nobility and made them break their Allegiance to the King Upon which attempt it seemeth that that Act of this Kings second Parliament was made That no Subjects should lâ—ague themselves together The King esteemed all that Government of Robert and Mordock to be an 〈◊〉 of the Crown and feared the like thereafter His Son Iames had burnt Dumbarton and treacherously killed the Kings Uncle which was not done without his knowledge it not Câ—unsel Though he relieved the King of his Captivity he suffered him to remain very long a Prisoner nâ—iâ—her did he practise his deliverance till he perceived the whole States of the Kingdom resolved to call him Home and was compelled by the injuries of his own Children To exasperate new injuries by old rancours his Father Robert spurred by Ambition had famished to death the Kings Brother David in the Castle of Faulkland to escape whose Tyrannie the King yet a childe was committed to the protection of stranger Princes What ever the particulars of their accusations have been it is above the possiâ—iâ—ity of any Governor or Man in eminent place and authority so to carry himself but a discontented Prince if he wiâ—l set him to a tryal shall bring some one or other of his actions to whiâ—l him within compass of Justice Thus the imprecation of Robert the third took effect upon the race of Robert the Governor for after the death of the Duke of Rotâ—esay he is said to have cursed him most deadly praying as he had slain his Brothers Son and filled thâ—ir house with blood so God would punish him his Stock and Pâ—sterity There is noâ— any wickednâ—ss which beareth not its punishment and repentance at the last if we can have â—aâ—ience to attend the last act of those Tâ—agedies played on this Theater of the World By the Attaindor of the Duke the 〈◊〉 of Fiâ—e Monteith and Lennox were divâ—lved to the Crown The Câ—stle of Inchâ—Merin in Loch-Lommond which hâ—d a while been kept good for Iames who flâ—d into Ireland by Iohn Montgomery and Humphrey Cunningham was brought to the obedience of the King Whâ—n the Lords and Gentlemen who were in Prisons attending the Kingâ— pleasure understood what necessary justice had been executed upon the Duke and his Sons they were gâ—iâ—voâ—sly perplexed yet the King like a wise Physitian would take no more blood then might take away the disease and all further causes of Faction For within twelve moneths thereafter he set them all at Liberty and received them in his wonted favour upon promise of their loyal demeanour and dutifull obedience in time to come But being thus freely discharged the conce it was taken that Mordocks head and his sons with Lennoxes was only the aim and that they were used but as a Countenance of State to dazlâ— the eyes of the People The Wars continuing between the Englâ—sh and the French the one to keep what he was in possâ—ssion of the other to reobtain what he had lost Charls the seventh a wise and victorious Pâ—ince knowing the friendship of Scâ—tland to be of no small importance to any that would fight against the English the flower and strength of the Scottish Souldiers which had followed the French Wars being then blasted and spent sendeth Iohn Stuâ—rt of Darnley Marshal of a Garrison of Hoâ—semen with the Earl of Dowglass as the French write then Marshal of France to Scotland to have a fresh supply of Men of Arms and Renauld of Charteres Arch-bishop of Rheymes who there had Crowned his Master and was Chancellour of France to renew the ancient League between the French and Scots But the main business about which the Arch-bishop came was the trafficking of a Marriage between Lewis the Daulphine though then very young with Margaret Daughter to King Iames. This Match the â—nglish had either neglected or contemn'd which afterward â—hey sued for The renewing of the old League and Amity between the two Nations was easily condescended unto it being but a witness to the world of their mutual kindness The chief Articles of which were The War or Injury moved or done by the English men to one of the said Nations to be as Common-wrong to both If the English men make War on the French Nation then the Scots at the costs and charges of the French King shall minister to them succours Likewise if the Scots be molested by the English Wars the French Nation having their charges allowed shall be to them Ayders and Assisters That none of both Nations shall either contract or make Peace with the Realm of England without the consent and agreement of the other The Marriage being found commodious for both Nations was likewise with great contentment agreed upon and concluded fresh recruits of Souldiers were Ievied and dispatched with the Embassador to France The South and Champion parts of Scotland brought under obedience and a peacefull Government the King will have the remotest Countreys of his Kingdom even those blocked up and baâ—icadoed by the snowy Clifts of Grantsben to acknowledge his Justice The wildeness of the soyl had made the Inhabiâ—ants there more fierce then Fierceness it self and let them out to all unlawful Riots and Rapines To restrain their insolent humors and bring them within compass of Civility in the year 1426. he caused repair the Castle of Innerness which is situated in the uttermost borders of Murray and by their incursions which had been turned desolate hither some years after commeth he in person and keepeth open Court that being near the evil he might have the better means to provide for and consider it But he seemed to have arrived in some Territory of the Scythians having known and found things which none did nor dared relate unto him for he had learned that not many miles of thâ—re were men some of which had one thousand some two thousand Robbers at their call who were accustomed to drive preys from the more civil Neighbours and Borders pilling and spoiling poluting and ravishing without any difference of right or wrong holy or prophane but only following their ravenous and insolent humours On the quiâ—ter sort thâ—y set Tribute others they compell to Minister to them sustenance and necessaâ—ies The God Prince Law which they obey are their barbarous Châ—iftains amongst
others Hereupon the Earls of Crawford Ross Murray Ormond the Lord Balvenny Knight of Cadyow many Barons Gentlemen with their Allies Vassals Servants to a great number subscribed and swore solemnly never to desert one another during life That injuries done to any one of them should be done to them all and be a common quarrel neither should they desist to their best abilities to revenge them That they should concur indifferently against whatsoever Persons within or without the Realm and spend their Lives Lands Goods Fortunes in defence of their Debates and Differences whatsoever This consederation and Covenant again â—enued turned the Earl imperious in his deportments presumptuous beyond all limits and his followers and adherents insupportable to their neighbours The Lands of such who were not of their party or refused to think all their thoughts and second them in their enterprizes were plundred and and goâ—dness was a cause to make men suffer most pillage and ransacking of their Goods and other miserable calamities At this time the Thieves and Robbers of Liddes-dale and Annandalâ— break into the Lands of Iohn Lord Herress a Noble Man who had continued constantly faithful to the King and drive with them a great booty of Cattel Complaints being given to the Earl of Douglass of the Depredations of his men and finding no redress the Lord Herress essayeth to drive the like prey â—nâ—â—compence of the damage but being unequal in power his fortune was to be taken by the Thieves and brought as a Pâ—isoner to the Earl who layed him fast in Irons and notwithstanding of the Kings Letters full of Intreaties and Threatnings without any formality of Law caused Hang him as a Felon The like mischief was practised in other places After this contempt of Soveraignty it was universally blazed that the Earl of Dowglass in respect of this new Covenant the power of his Kinsmen and Allies the entertaining of such who were discontent and discountenanced at Court the love and favor of the men of Arms in Scotland ever governed by some of his Name his riches the honor of his Ancestors had resolved to dissemble no longer but openly to play his game 〈◊〉 one day if he could set the Crown upon his own head being then able to raise an Army of Forty thousand warlike persons men ready to go with him whither or against whom they cared not attending onely the occasion and his Commandment The King who before but disdained the pride after this League became jealous of the Earl of Douglass a League giving a Law to a King breaking all Bonds of Soveraignty and inviting people to look for a new Master and though his modesty and patience served onely to turn the Earl more insolent and his boldness more active yet in a foul game he bare a fair countenance knowing the last thing which a Soveraign Prince should do is to show himself malecontent and offended with any of his Subjects for instead of chastising him he would give him fairer means and greater power to do him harm He would not shew a token of any prejudicial thought to the Earls proceedings till he had first heared himself Thus very calmly he desired him to come and speak with him at Sterlin whiles he conscious of his own misdemeanor except upon a publique assurance under the great Seal for his safe coming and return refused to do A safe conduct obtained about the Shrew-Tide in the year 1452. he came to the Court then remaining at Sterlin Castle 1452. accompanied with many of his Confederates and a powerful Retinue The King with a gracious countenance and all apparent respect received him endeavoring rather by kindness and humanity then by rigor to reclaim him to his former obedience The day near spent the Gates of the Castle shut all removed except some of the Councel and the Guards the King taking the Earl friendly apart remembred him of favors received wrongs forgotten the duties as a Subject he owed to his Prince his capitulation before he would come and speak with him he taxed him with the exorbitant abuses and out rages of his followers Then he told him what Informations he had of a Covenant of mutual defence adherence betwixt him and some of his Nobles Gentlemen which he would scarce believe He prayed him to consider the murmuring or rather begun sedition of his people his long patience in tolerating his proceedings his misbelief of evil reports towards him until he had heard what he had to say for himself and his innocency The Earl answered the Kings towardness in equal terms trusting much to his confederatiom for his favors he should strive with all obsequiousness to deserve them That as he had the honor to command others who obeyed him he knew very well how to be commanded and obey his Prince and in what disobedience consisted that as none of his Subjects enjoyed more Lands and Honors then himself there should not one be found who more willingly would engage all his Fortunes and person for the Honor of his Prince That they who layed snares for his life being so near his Majesty for the surety of his person he could not come to Court except upon a publique assurance and well accompanied For the wrongs committed by his Followers and Vassals he would give what satisfaction should be required Concerning the Band of mutual friendship betwixt him and some Noblemen they would have adhered together without any writing they were driven thereunto for their own safety not out of minde to offer but repel injuries That he was infinitely oblig'd to his goodness in not condemning him before he was heard and for that he had not lent a credulous ear to his enemies mischievous devices The King replyed effects and not words make the affection and submission of a subject known and could there be any greater surety for him then to rely on the Laws of the Commonwealth and Countrey especially continued he in a Countrey where Laws and not Faction rule and where a man 's own goodness is able to preserve him But such men as you are raise these Factions to the subvertion of all Laws and Authority and for Subjects to make an offensive and defensive League against all persons is to disclaim all Government and do what they please without controlment commit Treason in the highest degree and make your own Swords and Power justifie your proceedings which though ye first use against mean persons and conceal the progress of your actions for there are degrees in evil and wicked men begin at that which seemeth the least of evils or not an evil at all at the first your last aim is likely to be the robbing upon the Crown Consider my Lord ye are born under a Monarchy which admitteth no Soveraignty but it self and it is natural to Princes to hold it in highest esteem and in no case to suffer it to be shaken by their Subjects Take your Prince for your best protection and an
high and long continued title of a King which the best part of his Subjects yet reverenced he had sufficient Friends and Warlike men who appearing in a Field with him would raise a just fear in the hearts of those who so hainously dared disobey him That God would be present to revenge wronged Majesty and turn their hopes in despair That the Common People were ever changing and a little time would make them flow to these from whom they did ebb and all would return again except such as were guilty of other offences or such whose poverty made them fear a beggerly Peace as their greatest punishment That his chiefest and principall City stood good for him which example the other Towns would undoubtedly follow that Rebellion was like Thunder the noise of which if observed duely was often more terrible then the blow and dissolved ordinarily in tears of Repentance and fair Weather that here the prudence of Prince manifesteth it self when he cannot suppress and stop all the evils in his State to suffer and tolerate the least and with leasure and time abolish and extirpate the greater and make vertue of Rebellion The King by the Bishops Counsel and Assistance gathereth an Army but will not try the hazard of a Battel before those he had advertised and sent for should-joyn with these already about him and his Forces from all the Quarters of the Kingdom be united In the North the Earl of Huntley had raised a goodly Company to come to his aid but the Earl of Crawford a Confederate of the Earl of Dowglass with a power of the men of Anguss and all who would follow him guided by some French Commanders essayed to cut off his passage and rencountreth him at Brecheâ— the Battel is fought and the victory inclined where the Kings Standard was displayed by the Earl of Huntley The equity of the cause laid aside the occasion of this Victory was ascribed to Iohn Coloss of Bonnymoon who having one of the wings of the Army to guide which confisted of battel-axes great swords and long spears and the best invasive weapons in the hottest of the skirmish gave ground and left the middle Ward naked upon his side the reason of his revolt is reported that the night before the Battel when every man was resolving with his affairs of the world Bonnymoon requested the Earl of Crawford of whom he held his Lands Ward and relief since the next day he was resolved either to be victorious or die in the field to subscribe a Precept himself falling for entring his Son to his Lands This the Superiour refusing the Vassal out of a just indignation when he should have charged retired and his Company with him Such thoughts possessed not the Earl of Huntlies minde he dealt not so sparingly with his friends in hope of their good service To the Forbesses Oglebies Leslies Grants Irwines he freely gave many of his own lands which raised their courage to the height In requital of which the King after bestowed upon him the Lands of Badyeenoâ—h and Lochâ—ber In the conflict the Earl of Huntley lost two Brothers the Earl of Crawford and Sir Iohn Lindsay his brother being left on the Field fled to his house of Phanheaven where he was heard to say He would be content to remain seven years in Hell to have in so timely a season done the King his Master that Service the Earl of Huntley had performed and carry that applause and thanks he was to receive from him This conflict happened upon the Ascention day the 18 day of May 145â— The King by the confluence and resort of many worthy Subjects unto him having time to breathe and finding himself in a calm keepeth a Convention of the States at Edenburgh Ere the Earls of Douglass Crawford Ormond Murray the Lord Balvenye Sir Iames Hamilton and others are cited to answer according to Law They instead of appearing in the Night upon the Doors of the principal Churches and other places eminent fix many Placates and Libels signed with their hands which bear the Earl of Douglass nor his Followers will never obey command nor charge in time coming nor answer citation for that the King is not a just Master but a Blood-sucker a Murtherer a Transgressor of Hospitality a Surpriser of the Innocent and such who deserved no harm at his hands Not long after the King levied an Army which by the approaching Winter did little Service and the Earl of Douglass to save the Lands of Beatrice his Brothers Widow unseparated from the House sought by a Dispensation from the Pope to have her in Marriage alledging her untouched of his Brother which being refused him he kept her in place of his wife the effect of his Sorbon Divinity and found hereby more Bryers then Roses The Barl of Crawford placing two stricts of Seas betwixt him and the King spoileth the Lands of all those who forsook him at Brechen and Arckembald Earl of Murray burneth the Pile of Srath-Boggy pertaining to the Earl of Huntley In revenge of which the Earl of Huntley burnt and herried all the Lands of the Earl of Murray beyond the Spey The King too in this madness of Man-kinde defaceth his own Countrey pulling down the Houses of his Rebel-Subjects and wasting Annan-dale This ravage and mutual overturning of all having continued almost two whole years the Faction of the Earl far inferior to the Kings now weakned with such lasting Incursions sundry of the chief men and heads considering the least faults were the best that it was better to strike fail in time then make a full Shipwrack of their persons Honors and the well of the Kingdom and State counsel the Earl that Fervors growing colder since it could not be undone which was done he would not set greater work on foot but proceeding with conveniency submit himself friendly to the King who had as much goodness as generosity and sought and required nothing of his Subjects but obedience and having now prove how difficile it was to overcome them by Arms was perhaps as much tyred as they would pardon these faults which he could not otherways amend Necessity in Affairs of Princes constraining them to yield to many things in Government against their first Conclusions and resolve to grant that which they could not well hinder That there were many hours in the day and the hearts of Princes were subject to change in them that he should not â—orsake the publique weal of the Kingdom for his private Considerations That after this trouble of State he might be more esteemed and sought after by the King as it is ordinarily practised among Princes and great men who affect onely that which is necessary unto them To these the Earl answered That they had went too far forwards to think upon any cowardly reâ—reat and coming back again that the onely vertue under a Tyrant was to die constantly that other vertues did fight but constancy alone triumphed That for himself he would
Castile who had presented her with many tokens of affection and by his Embassadours earnestly sought her from her Brother But their great errand was to divide the King from his Brother-in-law King Henry and make him assist Loâ—ys these two Potentates intending a war against other Anne Daughter of Francis Duke of Bretaign after the death of her Sister Isabella remained sole heir of that Dutchy her wardship falling to the French King Charles the eight He terrified so her Subjects guided her kinred and the principal persons about her that making void the pretended marriage of Maximilian king of the Romans which was by Proxie she was married unto him Notwithstanding he had the Daughter of Maximilian at his Court with great exspectation of a mariage to be celebrate with her After the death of King Charles Lovys the twelf having marryed Iane the Sister of Charles and Daughter to Lovys the eleventh by his many favours bestowed upon Pope Alexander the sixth and his Son Cesar Borgia obtaineth a Brief of Divorce against her by the power of which her weakness for the bearing of Children the necessary upholders of a Crown by his Physicians being proved he had married Anne of Bretaign for he would not loose so fair a Dowry for the blustering rumour of Malecontents which in a little time would grow stale and vanish Pope Alexander dead Iulius the second a turbulent unquiet but magnificent Prelate and a stout defender of Church-Patrimony suspitious of the power of the French in Italy and that they would not rest content with the kingdom of Naples and Dutchy of Milan but one day hazard for all fearing also they would because they might put him out of his Chair and substitute in his Room their Cardinal of Amboise or some other of their own began to study novations and means to send the French back to their own Countrey his ordinary discourse being that he would one day make Italy free from Barbarians He requireth King Lovys to give over the protection of the Duke of Ferrara and of Annibal Bentivoglio whom he had thrust out of Bulloign The King refusing to forsake Confederates the Pope betaketh him to his spiritual Arms and threatneth with Excommunication the Duke and all who came to his aid and support especially the French they decline his Sentence and appeal to a true and lawful General Council with which they threaten him Henry the eight then in the fervour of his youth amidst a great Treasure left by his Father and by more than ordinary bands of love and friendship tyed to the Pope as having dispensed with the marying his Brothers widdow interposeth himself as an Indifferent Mediator and Intercessor for Peace between the two parties but in effect was the chief maintainer of the Quarrel effecting nothing because he would not Conditions being refused by King Henry he essayeth draw the French arms from the Popes territories by cutting them work neerer home and bringing a necâ—ssity upon them to defend their own Upon this determination he desireth king Lovys to restore and render to him his Dutchies Guyenne and Normandy with his antient inheritance of Anjow and Mayne and the other old Possessions of the English in France which wrongfully had been detained and kept from him and his Ancestors The war of Italy by â—hese threatnings was not left of for the Pope conming to Bollogn with intention to invade Ferrara is besieged with his Cardinals and he sendeth Declarations to the Christian Princes protesting the French not only thirsted after the Patrimony and Inheritance of S. Peter but even after Christian blood Mean while he absolveth the Subjects of King Lovys from their oath of Allegiance abandoneth his kingdom to any can possess it at a Council at Lateran he dispatched a Bull wherein the title of most Christian King is transferred upon Henry king of England who to his former titles of France having now the approbation of the Pope and the kingdom interdicted prepareth an expedition in person After which with five thousand barded Horses Fourty thousand Foot comming in Picardie he encampeth before Therovenne a Town upon the Marches of Picardie Here the Emperour Maximiliam resenting yet his old injury entreth into the King of Englands pay and weareth the cross of Saint George But so long as he staied in the Army it was govâ—rned according to his counsel and direction King Iames before his meeting with Bernard Stuart and Bishop Forman was fully purposed to prove an indifferent beholder of this War but Bernard having corrupted the Courtiers and the Bishop the chief Church-man of the kingdom after their long and earnest intercession he was drawn altogether to affect and adhere to the French To throw the apple of Dissention Bishop Forman is sent to king Henry to demand certain Jewels by their Fathers Will or her Brothers Prince Arthurs appertaining to Queen Margarite his Sister King Henry mistrusting that Embassy offereth all and more than they demand from him Shortly after the English beginning to interrupt the traffick of the French by Sea king Iames will send his Ships lately well mann'd and equipp'd for fight which not long before had been prepared as was given out to transport the king into Syria to his Cosin Queen Ann supposing this Gift would rather seem a Pledge of friendship and alliance to the English than any Supply of Warre But Iames Earl of Arrain having got the command of them instead of falling towards France arriveth in Ireland whether by tempest of weather or that he would disturb the Kings proceedings in assisting the French instigated and corrupted by King Henry it is uncertain and after he had spoild Knock-Fergus a maritime village returneth with them to the Town of Ayre The King taking in an evil part the invasion of Ireland but more the lingring of the Earl for he had received Letters from Queen Anne and Bishop Forman regretting the long and vain expectation of his Ships giveth the Earl of Anguss and Sir Andrew Wood a Commission for both him and them The Earl of Arrain by his Friends at Court understanding his Masters displeasure ere they could find him hoiseth up Sails and committeth him self rather to the uncertain fortune of the Seas than the just wrath of a King After great Tempest arriving in French Bretaign these Ships built at such extraordinary Charges Sayls and Cordage being taken from them rotted and consumed by weather in the Haven of Erest Now matters grew more exasperate between the Brother Kings Robert Car Warden of the Borders is killed by three English Hieron Lilburn Struthers Andrew Barton who upon an old quarrel begun in the reign of King Iames the third had purchased Letters of Reprisal against the Portingals by Thomas Howard the English Admiral is slain and his Ships taken To this last Grievance when it was expostulated King Henry is said to have answered That truce amongst Princes was never broken for taking or killing of Pyrates Alexander Lord Hume Warden of the East
Successour under the Government of a woman for inheritance a miserable and bloody war It is no dream that ye are to fight a mighty people now turned insolent by their riches at home and power abroad that your Nobilitie are indigent ye know and may be brib'd to leave you in your greatest danger What a folly what a blindness is it to make this war yours and to quench the fire in your Neighbours house of France to kindle and burn up your own in Scotland ye have no such reason to assist the French as ye have to keep your promises to England and enjoy a Peace at home Though the English should make a conquest of France will they take your Crown or disin herâ— their own râ—ce this is even as the left hand would cut off the right Should the Letters of the Queen of France a woman twice married the first half in Adultery the last almost Incest whom ye did never nor shall ever see prove more powerful with you than the cryes of your little Son and mine than the tears complaints curses of the Orphans and Widdows which ye are to make If ye will go suffer me to accompany you it may be my Countrey-men prove more kind towards me than they will to you and for my sake yield unto a Peace I hear the Queen my Sister will be with the Army in her husbands absence if we shall meet who knowes what God by our means may bring to pass The King answered all her complaints with a speedy march which he made over the Tweed not staying till the whole forces came to him which were arising and prepared The twenty two of August comming into England he encamped neer the water of Twisel in Northumberland where at Twisel-haugh he made an Act that if any man were slain or hurt to death by the English during the time of his aboade in England his heirs should have his Ward Relief and mariage Norham Wark Foord Eatel are taken and cast down Amidst this hostility the Lady Foord a noble Captive was brought in a pitty-pleading manner with her daughter a Maid of excellent beauty to the Camp Not without the Earl of Surreys direction as many supposed for they have a vigorous Prince and his Son though natural by the gifts of Nature and Education above many lawful to try the Magick of their eloquence and beauty upon The King delighting in their Company not only hearkeneth to the discourse of the Mother but giveth way to her counsel which was if she should be dismissed to send him true and certain intelligence of what the English would attempt taking her way to their Camp but in effect proved the winning of time to the Earl of Surrey and the losing of occasion to him Her few daies stay bred in him a kind of carlessnesse sloath procastination and delay a neglect and as it were a forgetfnlness of his Army and business eighten daiestarying in England in a Territory not very fertile had consum'd much provision the Souldiers began to want necessaries a number in the night by blind pathes returned to their own Countrey In a short time only the Noblemen and their Vassals attended the King These request him not to spend more time on that barren Soyl but to turn their Forces against Berwick which Town was of more importance than all the Hamleâ—s and poor Villages of Northumberland neither was it impregnable or difficâ—le to be taken the Town and Castle being no waies provided and furnished to endure a siege The Courtiours move the King to continue the beleaguering of Berwick till their comming back which would be an easie conquest Northumberland once forrag'd in absence of the bravest of the English then in France Whilest the Army languished and the King spent time a Foord the Earl of Surrey directeth an Herauld to his Camp requiring him either to leave off the invasion of his Masters Countrey and turn back giving satisfaction for wrongs committed or that he would appoint a day and place wherein all differences might be ended by the Sword This Challenge being advised in Counsel most voices were that they should return home and not with so small number as remaâ—ned endanger the State of the whole Kingdom enough being already aâ—chieved for fame and too much for their frienâ—hip with France why should a few Souldiers and these already tired out by forcing of Strengths throwing down Castles be hazarded against such multitudes of the English supplyed lately and encreased with fresh Auxiliaries Thomas Howard Admiral a Son of the Earl of Surrey having newly brought with him to New Castle out of the Army lying in France five thousand men and one thousand tall Sea men If they should return Home the English Army could not but disband and not conveniently this year be gathered again consisting of men levied from far and distant Places Again if they should be engaged to come to a Battail their own Countrey being fields to them well known would prove more commodious and secure to fight upon than English ground besides the opportunity of furnishing and providing the Camp with all necessaries at less charges The French Embassadour and others of his faction remonstrate to the King what a shameful retreit he would make if at the desire of the Enemy he returned and without the hazard of a Battel being so neer unto him that by fighting in England he kept his own Couvtrey unforraged and consum'd the Provision of his Enemy which at last would weaken his forces That for contentment to both Armies Islay a Scottish Herauld should return with Rouge-Cross the English and condescend upon a day promising them the mean time tarrying and aboad till the righteousness of the cause were decided in a Battel The set and appointed Day by the Heraulds in which the two Armies should have joined being come and the English not appearing nor any from them The Nobility again resort to the King show how by the â—light of the Enemy matters were prolonged from one day to another the English forces daily encreasing whilst the Scottish wear away and waxed fewer that â—light should be opposed to â—lights the day designed by the Heraulds not being kept it would be no reproach to them to turn home without battel or if retiring to fight upon their own ground If this counsel pleased him not but that he would there give them battel The next was to study all advantages for victory either by stratagem or the odds and furtherance of the Place of fight Where the Chiviot hills decline towards the plainer fields arising behind them with high tops with best Ordnance should be fortified the water of Till running deep and foord-less upon the right hand and but passable at the Bridge the first Companies of the enemy being passed before they could be relieved and succoured by their followers the Bridge by the Artilery should be beaten down and the enemy charged when they began to pass the Water The King impatient of
ignorance of the Mother the Queen should not suffer any loss damage or disadvantage The King of England resented highly this Divorcement endeavour'd by his Letters to hinder it for he thought some things tolerable in men which were in competent and shameful in women and after never carried such respect to his Sister as he had done before Of these she made little reckoning for after the sentence given she married Henry Stuart Son to the Lord Eavendale whom K. Iames to do honor to his Mother promoted to be Lord Meffan and General of his Artillery Whilst the King remained a shadow to the Earls Government amidst so many distractions discords and jars of the Grandees the Court turned solitary and unfrequented by any Noblemen save these of the Dowglasses own faction amongst which the Earl of Lennox shewed himself most indifferent For he for his own ends attending the Court in a short time so framed himself to the Kings humours that he delighted alone in his conversation and often hid none of his inward thoughts and secret intentions from him Among others he many times importuned him to give him a sound advice how he might de delivered form the Earl of Angus of whose bondage he had been long weary whose rule over him was turned now into tyranny his ambition having mounted to that height that he was not content to command and Kingdome but to thrall and keep under his Soveraign Lord the King himself that he effects of his Governing were the dispersing of his Nobles and banishing of his mother from him The Earl of Lennox who by his familiarity with the King was become suspitious of Angus and had an intention to tumble out a man hated of his Prince establish himself in his place and rule the young King alone aggravating his and the Countreys miseries told him after much intreaty The Lord of Balclough was the only person to be employ'd in such a service a man of unlimitted desires displeased strong in power mightlly hated and who had inveâ—erate hatred against the Earl of Angus who wanted nothing but opportunity to execute his rancour If this conceived exploit had not a desired success then he himself would by main force either win his Prince or loose his life in the Enterprize The Laird of Balclough secretly advertised of the Kings intention giveth way to much oppression and many insolencies on the borders the redress of which required the presence of the Prince Complaints are given against them and the King to do justice accompanied with the Earls of Angus Lennox Lords Hume Flamin Areskin Cesfoord Farnehast and others commeth to Ied brough But when they had staied there some daies small redress was of wrongs no justice executed the chief men of the Borders not producing the Delinquents of their Names to answer according to law as was the antient custom Thus as they came they were returning when at Melrose as they hoverd at the passage of a Bridge over the Tweed certain companies of men in arms appeared on the Descents of Hellidon Hill which being come with in distance of discerning were known to be commanded by the Laird of Balclough and number'd a thousand all borderers and broken men The Earl of Angus not a little mov'd at so sudden an apparition by an Herauld craveth to understand their intentions and how in such a hostile manner they dared come so near the Kings person withall charging them under pain of high Treason to retire The Laird of Balcloughs answer was he came to do the King service invite him to his house show him what forces he was able to raise upon the Borders when necessity should require his service and assistance That he would not obey a charge contrary to the Kings mind of which he was conscious and herewith he marched forwards Presently the Earl alighting on foot leaving the Earl of Lennox Lords Areskin Maxwell Sir George Dowglas Ninian Creightoun with the King as Spectators of the Game with the Lord Flammin and other his Friends marshall'd his Men for the Charge which was given with a great shout and clamor of these Borderers The Lord Hume Lards of Farnehast and Cesfoord had taken their leave of the King who gladly dismist them but upon advertisement of the sudden fray being not far of they return in hast with an hundred Launces in good time for the Earl of Angus and falling upon one of the Wings of Balcloughs troups force them to yield ground and some to turn their backs upon which suddenly foloweth the Chase. Cesfoord and Farnehast eagerly persewing Here at the descent of a little Hill by the blow of a Launce which a Domestick of Balcloughs threw from his Arm the Laird of Cesfoord if slain and by his death the Chase left off to be follow'd and a long deadly fewd between the Scots and Cars was begun fourscore Borderers were kill'd in this bickering assisting Balclough himself was wounded with many of his friends the Earl of Anguss lost not a few besides the Laird of Cesfoord The Earl of Angus after this road of Melross perceiving his enemies to increase and the affections of some of the Nobility turned fâ—â—m him composing the old difference between him and the Earl of Arran entered into condition of a strict friendship with him and was content he should be his partner and fellow-governour in distribution of Causualities and ruling the Countrey When the King had considered how twice his intentions had been broken and unhappily without success he began to essay the third by the Earl of Lennox whom challenging of his promise he desired to gather an army and joining his Forces with the Queens to restore him to his Liberty The Earl of Lennox before suspected after the League and friendship of Earl of Angus with the Earl of Aâ—ran became declared â— enemy to Angus withdrew himself from Court and some few Moneths being passed at Sterlin he maketh a Declaration to all the Leiges of his intentions inviting them to assist and side with his cause One thousand men came from the High-lands to him the Earl of Cassiles and Master of Kilmayers come from the West with two thousand the Queen and Arch-bishop Iames Beatoun direct many of their Vasâ—alls from Fâ—sse to him Thus with three strong Briggades he marcheth towards Lynlithgow The Earl of Angus understanding these preparations to be against him imploreth the assistance of his best Friends to withstand them especially the Carres and Humes to whoâ—e valour he had lately been so far obliged He sendeth Letters to the Earl of Arran and the Gentlemen of the name of Hamilton regretting the estate of the Common-wealth requiring their speedy aid That in so perilous time setting aside all particular Respects and Quarrels they would have a care of the Common good of the Countrey If the Earl of Lennox should carry the King from him and remained Victor of the Field he would not stay there his next mark would be the Hamiltouns whom he was
in the way to put from all title to the Crown the report going already that the King would intail it to him out of his own favour and had designed him Heir to the Earl of Arran he having no children of his own That the King had a magnetical affection towards him which if Fortune favoured him with a Victory would increase now meritting which before was but meer favour The custody of a young King was not for a man of so short experience The Hamiltouns finding that man their Suppliant who late was their Competitor delighting to live in a trouble State and be Copartners of the Government and mannaging the affairs of the Kingdom which was promised them in their new band of Friendship laying aside all former discontent and grudge accept the Quarrel and assemble their Forces at Lynlithgow To this Town the Earl of Lennox was advancing and he being the Sisters Son of the Earl of Arran by Gentlemen well affected towards him and of his kinred they intreat him to turn back and not to try the hazard of a battel for a conquest he could not long enjoy the Government of a young Prince whom a little more time would make Governour of himself and who perhaps would reaward his service with disgrace It being ordinarily seen that great obligations to Princes procure rather their hatred than love whilst it is more easie to pay men by contempt than benefits that if he came forwards no interest of blood would save him from their just and lawfull stopping of his passage and enterprize The Earl of Lennox answered it was no time then in the eye of the world to abandon so just a quarrel that shame wounded deeper than death which he would rather imbrace than not see his Prince at Edenburgh And finding the Bridge over the Avan possest by the enemy passed his Companies over the River Et near the antient Monastery Immanuel the Maister of Kill-mayers guideth the Vantguard consisting of Westland men the Earl of Cassiles and himself the main Battel many of which were high-land men being of all as some write ten thousand The Earl of Angus having essayed in vain to bring the King to the Field with the power of Edenburgh leaving that Charge to his Brother Sir George and Archembald Dowglas Provost of the Town accompanied with the Humes and Carres being of all two thousand marketh a speedy march towards Lynlithgow But the Earl of Arran spurr'd by the ambition and youthful heat of his Son Sir Iames Hamiltoun had begun the fight before be could appear for a long time it is valiantly fought victory inclining to neither side till a great clamour arose seconded by the appearance of fresh Troops of enemies the Dowglasses and their Friends at which alarum many of the High-land and West-land men turned their backs the rest by the advantage of the place sustain the Fight The King after much loytering and many delaies having heard the Armies were near joining and much solicitation of Sir George Dowglas issueth out of Edenburgh at a slow march But when at Corstorphine Hills he was awaken'd with the noyse of the great Ordinance he urgeth his Followers to make all haste to come to the fight It was reported Sir George Dowglas drove his Horse in a great rage gave him injurious words which he never after forgot Being half way he is advertised that the Earl of Lennox highland-men were fled and by all appearance the Earl of Arran was Master of the Field This news perplexed him not a little but making the best of that worst he dispatch'd all his domestick Servants with Andrew Wood of Largo to save so many as they could in the Chase especially the Earl of Lennox whose life he now tendereth as his Crown But this Earl after he had been taken by the Laird of Pardowye in cold blood was unnaturally slain by Sir Iames Hamiltoun who either killed or wounded on the face all that came under the dint of his Sword in the Rout. They found the Earl of Arran mourning over his Corps over which he spred his cloak the Laird of Howstoun lay dead by him the Master of Killmayers sore wounded at their comming maintained the fight and was by them with difficulty saved with so many others as either the Kings authority or their power could reskew This Conflict hapened in September After the victorious Earls had rested their wounded Souldiers and refreshed them selves in Lithgow they accompany the King to Sterlin and immediately march through Fyffe in quest of those who had been the cause of taking arms against them of which number the Queen was but the Arch-bishop of Saint Andrews was the most eminent who as before he had seconded Arran to surprize Angus so now he had stirred Lennox to the overthrow of them both Because Arch-bishop was not to be found for he as some record was turned a true Pastour and in Shepheards weeds kept sheep on some Hill they spoiled the Abbacy of Dumfermling and Castle of St. Andrews defacing all the Ornaments and carryed away the Moveables and stuff in them The Queen with her husband Henry Stuart and Iames his brother betook them to the Castle of Edenburgh which the Lords at their return besieged The Mother hearing her Son was amongst the Besiegers in person obtaining favour for her husband and his Brother caused the Gates to be cast open But for their safety such who loved them advised the King to commit them to that place during his pleasure Now the Earl of Angus and Arran summoned all who had born Arms against the King to appear in judgement and answer according to the Law as Traytors Some compounded for Sums of money others became Dependers of the Houses of Angus and Arran Gilbert Earl of Cassiles being summoned and compearing Hugh Kennedy his Kinsman answer'd the indictment that he came not against the King but to assist the King for proof of which he offered to produce the Kings own Letter Though the Earl of Cassiles escaped the danger of the Law he did not the fury of the Revenge was taken about some disparaging words for as he was returning home he was surprized in the way and killed Some write by the Sheriff of Aire but by the direction of Sir Iames Hamiltoun About this time the Arch-bishop of St. Andrews and other Church-men in revenge of the spoiling of his Houses and persuing himself for questions of Religion burn the Earl of Arrans brothers Son Mr. Patrick Hamilton and banish Mr. Patricks brother Iames Sheriff of Lithgow Not long after mens wrath by time diminishing and their bloud growing colder the Arch-bishop having bestowed on the Earl of Angus Sir George his Brother and other their Friends some Church benefices and many Leases of Tyths was reconciled unto them and with appearance of great friendship they mutually entertained and feasted each others at the Christ-Mass in the City of S. Andrews But small confidence could be long among reconciled enemies Now went
Scotland was all the lands possessed by any former Queen the Earldoms of Strathern and Fyfe with the Palace of Faulkland and other lands of the best and most certain revenue Thus Anno in the Church of Nostre-Dame in Paris the King of Scotland maryed the Lady Magdalen in presence of her Father seaven Cardinals the King of Navarr many great Dukes and Barons King Francis after the Solemnities of this Marriage having Piccardy and Piedmont then over-run by the Imperialists and King Iames fearing he might suffer wrong in his absence from the King of England with assurance of mutual Amity part from other in the end of April and from New-haven the Queen with her husband the 29. of May arrives at the Port of Leith it is reported that after she put her foot on the Shore upon her knees she kissed the ground Praying for all happiness to the Countrey and people Never Queen in so Short a time was more beloved of her Husband nor sooner made conquest of the hearts of her Subjects Nor was their greater hopes conceived of any alliance than of this nor greater joy did ever arise for those hopes but as in the life of man there is ever remaining more of bitter than sweet so were these contentments but Shadows matched with the real Sorrow that the death of that young Lady brought forth For she lived not many weeks after her Arrivall in Scotland when of a Feaver which she contracted in Iune she departed this life in Iuly She was buried with the greatest mourning Scotland ever till that time was participant of in the Church of Holy-rood-house neer King Iames the Second These last honours to the dead Queen and funeral pomp finished the King desirous of Succession hath yet his thoughts wandring in France Mary of Burbon daughter to Charls Duke of Vandosm being frustrate of her Royal hopes had not onely turned religious but was dead of displeasure Whilst he disported himself at the Court of France he had been acquainted with a Lady rich in all excellencies who next Magdalen had the power of his affections Mary of Lorrain Sister to Francis Daughter to Rhene Duke of Guize and Widdow of the Duke of Longueâ—ille Her he thinketh for hir Stemm healthful complexion fertility for the had been a mother and other fortunes worthy of his love But to try her affection towards him he directeth David Beaâ—oun his late paranymph and the Lord Maxwell to France Whilst they traffique this Marriage many false accusations as Plots laid against his person are intended one after another at the Court amongst which two are remarkable for their notable calumny Iohn eldest Son to the Lord Forbess a young Gentleman chief of his name hardy and valorous but eviâ— brought up and therefore easily suspect to be capable of sin had for a Servant or companion and ordinary sharer of his pleasures one named Strachan a man come of the dreg of the people and perfectly wicked This man after much familiarity and some fecret service and attendance to saâ—iate his insatiable desire desired earnestly something from the Master of Forbess which he passionately refused to give him upon which carryed away with rage and malice he not onely renounced his friendship and service but betook himself to the Service of his Enemy the Earl of Huntley by whose advice he forgeth a malitious Plot to overthrow him To compass their design they accuse the Master of Forbess to have had once an intention and Mind to kill the King that the Dowglasses might be restored to their wonted honors and antient possessions By price and prayers witnesses are procured to prove this against him and convict him or at the least to leave him suspected and taxed with this Treason Though this crime was not sufficiently and clearly proved yet was the Master of Forbess indicted and convicted by an Assize for having conspired the Kings death for the which he was beheaded and quarter'd and his Quarters set aloft upon the Gates of Edenburgh This Gentlemans death proveth how dangerous the Society and company of the wicked is to any for ascending the fatal scaffold he justifyed his innocency of what was laid to his Charge but confessed the guilt of the Laird of Drummes bloud by the justice of God brought him to that end His Father the Lord Forbess was upon suspiâ—ion kept long after in the Castle of Edenburgh The King when he could not amend what was past testifyed he was grieved at the death of this Nobleman for he banished Strachan because he had so long concealed the Treason of Forbess silence in a matter importing no less than the life of a Prince being reckoned equal to the Treason he made his second brother one of his Domesticks restoring him to the estate which was forfeited This thunderclap was immediately followed by another for the quality of the person and strangeness of the crime deplorable but more for the horrour and terrour of the punishment Iane Dawglas nister to Archembald Earl of Angus the Widdow of Iohn Lyon Lord Glammes with her Husband Archembald Campbell of Keepnâ—eth her young Son the Lord Glammes and an old Priest were brought to Edenburgh committed and accused that they should have poisoned the King Their accuser was William Lyon a kinsman of the late Lord Glammes This treason had no probability of truth among such who knew the accused being persons who lived far from the Court in their solitary mansions seldom or never almost seeing the King Nevertheless their accusations were believed and strict command given to the Judges to dispatch their process William Lyon aggravating the case represented to the King the anâ—â—ent faults of the Family of the Dowglassâ—s committed against his â—redecessors the particular wrongs of Earl Archembald now stirring the English against him and ravaging his Borders That he should believe he not being able to be restored to his first estate by prayers and solicitations of Neighbour Princes nor by open force now set on work his last engines to come to his end though it were with the life of his soveraign That in so secret and dangerous a plot he could not use but his neerest kindred a Woman and his own Sister might attempt such a mischief herâ—ex and other qualities making her less suspect to have access to his person Suppose cleer proofs could not be found against her the whole race of the Dowglasses should be extirpate being a Linage onely â—ertile in bringing forth monsters of Rebellion That by sparing her life and suffering her to escape he should afford her time licence and power to execute what she but now perhaps had intended The King not knowing the mans particular hatred against this Lady for some write He did inform against her in revenge that she refused to marry him giving her self to another suffred the Process to be concluded Some of the Judges would have referred her to the Kings clemency till a farther tryall of the Witnesses might be had upon whose testimony