LIBRARY OF PRINCETON I MAR2a2005 THEOLOGICAL SEMINARY CALDERWOOD'S HISTORY THE KIRK OF SCOTLAND, VOLUME SECOND. THE WODEOW SOCIETY, INSTITUTED MAY, 1841, FOK THE PUBLICATION OF THE WORKS OF THE FATHERS AND EARLY WRITERS OF THE REFORMED CHURCH OF SCOTLAND. THE HISTORY OF THE KIRK OF SCOTLAND. r MR DAVID CALDERWOOD, SOME TIME MINISTER OF CRAILING. EDITED FROM THE ORIGINAL MANUSCRIPT PRESERVED IN THE BRITISH MUSEUM, BY THE REV. THOMAS THOMSON. VOLUME SECOND. EDINBURGH: PRINTED FOR THE WODROW SOCIETY. M.DCCC.XLIII. LIBRARY OF PRINCETON r ErJl5BLTlGH PRT\Tn.G COOT AXV, SOCTH ST DAVIl. ^TRFET. CONTENTS THE SECOND VOLUME. PAGE 1560. Ambassadors sent from France to England to treat of peace, . 1 Terms of the agreement, .... 2 Peace proclaimed between France, England, and Scotland, . 10 Departure of the French and English troops from Scotland, . ih. Public thanksgiving ordered by the Congregation for their deliver- ance, . . . . . 11 Appointment of superintendents and ministers to several charges, ib. Opposition of certain members of the Parliament to the Reforma- tion, . . . . . .12 Address of the Barons, Gentlemen, Burgesses, &c., to the Parlia- ment, craving the reform of religious abuses, . ib. A Confession of Faith drawn up in consequence, . . 15 Preface to the Confession, . . - 16 Articles of the Confession, . . .17 1. Of God, . . . ib. 2. Of the Creation of Man, . . . ib. 3. Of Original Sin, ... 18 4. Of the revelation of the Promises, . . ib, 5. The continuance, increase, and preservation of the Church, .... 19 6. Of the Incarnation of Christ Jesus, . . ib. VOL. II. b vi CONTENTS. PAOE 7. Why it behoved the Mediator to be very God and very Man, .... 20 8. Of Election, . . . . ib. 9. Of Christ's Death, Passion, and Burial, . 21 10. Resurrection, .... ilf- 11. Ascension, .... 22 12. Of Faith in the Holy Ghost, . . .23 13. The cause of Good Works, . . ib. 14. AVhat Works are reputed good before God, . 24 15. The perfection of the Law, and imperfection of Man, 26 16. Of the Kirk, .... ib. 17. Of the Immortality of the Soul, . . 27 18. Of the Notes by which the True Kirk is discerned from the False, and who shall be judge of the Doctrine, 28 19. Of the Authority of the Scriptures, . .30 20. Of General Councils ; of their Power, Authority, and Cause of their convocation, . . ib. 21. Of the Sacraments, . . .31 22. Of the right administration of the Sacraments, 33 23. To whom the Sacraments appertain, . , 35 24. Of the Civil Magistrate, . . ib. 25. Of the Gifts freely given to the Church, . 36 The Confession of Faith ratified by the three Estates, . 37 The Mass and the Pope's jurisdiction proscribed by Acts of Par- liament, . . . . .38 Sir James Sandilands sent to France to obtain ratification of these Acts, ..... 39 His mission is unsuccessful, . , . .40 Sudden death of the King of France, . . ib. The late Parliament proven to be lawful and valid, . . ib. Form of Church Policy appointed to be drawn up, . 41 The Book of Discipline published, and objected to by many, . 42 The Earl of Arran proposed in marriage to Queen Elizabeth, ib. Prospects of a new invasion from France, . . 43 The invasion frustrated by the sudden death of the French king, 44 The First General Assembly, . , , ej. Names of the ministers and commissioners who attended, ib. Names of those who were thought qualified to be appointed ministers and readers, - . . 45 Restalrig united to Leith, . . .46 Acts of the First Assembly. . . . ib. CONTENTS. VU PAGE Petitions of the First Assembly, . . .47 1561. Lord James sent by the Convention to the Queen, . . ib. A disputation before the Convention upon the Mass as a propitia- tory sacrifice, . . « . 48 The Popish respondents refuted and silenced, . . 49 The Book of Discipline subscribed by the members of the Conven- tion, ... . . 50 FIRST BOOK OF DISCIPLINE. Of the Ministers. Their election and admission. What things are chiefly required in the ministers, . . 51 Of their office and duty, . . .52 The manner of electing pastors or ministers, . ib. Of the elders ; and their office and election, . .53 Of the deacons ; and their office and election, . 54 The weekly assembly of the ministers, elders, and deacons, 55 Interpretation of the Scriptures, . . .50 Form and order of the election of a superintendent, appli- cable also to the election of all other ministers, . ib. The Order of Ecclesiastical Discipline. The Necessity of Discipline, . . .62 What Discipline is, . . . . ib. For what cause it ought to be used, . • 63 The order of proceeding in Private Discipline, . ib. What things are to be observed in Private Discipline, 64 Of Public Discipline, and the end of it, . . ib. Excommunication the last resource, . . ib. Rigour in punishment to be avoided, . . 65 God's Word the only rule of Discipline, . ib. The Order of Excommunication and Public Repentance. Preface to the Reader, .... ib. The Crimes of Excommunication, . . 66 The Form, . . . . .68 The Confession of the Penitent, • . 70 Offences that deserve Public Repentance, and Order to pro- ceed in it, . . . . .71 The Form and Order of Public Repentance, . 74 The Form of Excommunication, . . .80 The Order to receive the Excommunicated again to the So- ciety of the Church, ... 90 Form of the Visitation of the Sick, . . .94 Form of Burial, .... 100 viii CONTENTS. PAGE 100 The Order of Baptism, . . • • The Maxner of the Lord's Supper, . • m The Form of Marriage, . . • • 117 An Adulterer in Edinburgh rescued from the Magistrates, . 121 Queen Msltj retires to Lorraine on the death of the King of France, . • . . . ^&- Advised to arrest Lord James, . • .1^2 Deliberation in France whether Mary should return to Scotland, ih. Defence of the Queen's interests in her absence by the Refonners, 123 Insurrection in Edinburgh about the play of Robin Hood, . ib. The Second General Assembly, . . ■ 126 Articles presented by this Assembly to the Lords of Secret Council, . . . . . ib. Supplication, .... 127 Attempts to assassinate Lord James in Paris, . .128 The Queen writes to the Lords recommending quietness till her return, ..... 129 Their answer to the French Ambassador, who instigates them to break the league with England, . . ib Monasteries demolished by an act of the lords, . .130 Queen Mary, before her voyage, betrays her purposes to suppress the Reformation, .... ib. She requests a safe passage to Scotland from Elizabeth, . 131 Elizabeth refuses, .... ih. Throgmorton's letter to Queen Elizabeth, describing his inter- view with Mary, . ... ib. Elizabeth incensed at Mary's usui-pation of the Arms of England, 136 Elizabeth's letter to the Scottish nobles, complaining of the non- fulfilment of the treaty of Leith, . . 137 Their answer, ... . 140 Queen Mary's voyage homeward, . . . 141 Her landing at Leith, .... 142 She pardons the Edinburgh rioters, . . 143 The Reformers take offence at her private Mass, . . ih. Disturbance in the Palace in consequence, . . ih. Act made for the future protection of her followers and servants, 144 The Earl of Arran's protest against the act, . . 145 The zeal of the professors cooled by the Queen's blandishments, 147 Knox objects to the toleration of the Queen's Mass, . ib. He is summoned to the presence of the Queen, . . 148 He defends before her his wi-iting " The First Blast," &c. 149 152 153 154 155 156 157 ib. 158 159 CONTENTS. • IX TAGB Professes his willingness to obe J a female sovereign, . 150 Advocates the right of resistance to unjust rulers, . 151 Offers to dispute with the ablest of the Papists on the ground of their faith, His dismission ; and his opinion of the Queen, Mary's public entry into Edinburgh, She changes the magistrates, Knox's letter on the Queen's Mass, His debates against it with the lords, Lord James's services on the borders. Pretended fray in Holyrood House, and its purpose, Mary complains of Scottish gravity. The Thikd General Assembly, ... ib- The right of holding Assemblies without the Q,ueen's per- mission, debated, . . . . ib. The ratification of the Book of Discipline refused, . 160 The barons therefore demand provision to be made for ministers, . . . . 161 A riot in Edinburgh by certain profligate nobles, . 162 Proclamation of the Assembly upon the subject, . ib. The Queen's apology for the rioters, . .164 The Earl of Bothwell attempts a fresh riot, . ib. Act concerning the two parts and thirds of benefices, . 165 Lethington sent ambassador to England, . • 167 Queen Elizabeth refuses to proclaim Mary her successor, . 168 1562. Commission given to receive the rentals of benefices, . 169 Factors and chamberlains appointed to intromit with the fruits of the benefices, . . . . ib. An ordinance for the thirds, .... 170 Knox's appeal against the inadequate provision for ministers, 171 Scanty salaries dealt out to the clergy, . . 172 Their complaints on the occasion, . . . ib. Lord James created Earl of Murrey, . . 173 The Earl of Arran reconciled with Bothwell, . .174 Arran accuses Bothwell of treason, . . 175 He is imprisoned, . . . • 177 Knox's second conference with the Queen, . . 179 Interview between Mary and Elizabeth disappointed, . 182 Fourth General Assembly, . . . 183 Acts of First Session, ... ib* CONTENTS. PAGE Acts of Second Session, . . . 184 „ Third „ . . . 185 „ Fourth „ . . . 186 „ Fifth „ . . . . ib. Supplication of the Assembly to the Queen, . 187 The supplication censured by some courtiers, . 193 Lethiugton draws it up anew, . . 194 The Queen's journey to the north, . . . ih. The Earl of Huntly rebels, ... 195 Battle of Corrichie, . . . .198 Defeat and death of the Earl of Huntly, . . 199 Knox preaches in Kyle, .... 201 Band of the barons and gentlemen, in consequence, . ib. Knox assists in restoring order in the south, . . 202 Debates with the Abbot of Crossraguel, . . 203 Lethington suspected of scheming a marriage between the Queen and Darnley, ..... ib. Knox denounces the courtiers for calling the preachers railers, 204 Fifth Gsxeral Assembly, . . . 205 Trial of superintendents, . . . ib. Trial of the entry of ministers, . . 206 Leets for a superintendent to the north, . . ib. Leets for a superintendent to Galloway, &c. . 207 Fama against Paul Methven to be investigated, . ib. Acts for superintendents, . . . 208 Commissioners, .... ib. Nomination of superintendents, . . ib. Acts, . . . . .209 Complaints, .... ib. 1563. Paul Methven found guilty and excommunicated, . . 210 Chatelat beheaded, . . . . 211 Knox's third conference with the Queen, . . 212 Letters from Queen Mary to the Council of Trent, . 215 Bayers of mass imprisoned, .... ib. The Lords defer the reformation of abuses from selfish motives, 216 Coldness between Knox and Murrey, in consequence, . 217 Compromisment of the lords, • . . ib. Knox's admonition to them from the pulpit, . . 218 Is called before the Queen to answer for his rebukes, . 220 CONTENTS. XI PAGE He justifies liis sentiments about her rumoured marriage, . 220 His conversation with the ladies in the antechamber of IIolj- roodhouse, . . • • 222 Lethington's practices in procuring friends, . • • 223 The Sixth General Assembly, . . • *'^- Trial of superintendents and commissioners, . . i^- Commissioners of provinces appointed, . . 224 Powers of these commissioners, . . . ib' Acts, ..... 225 Articles for petitions, . . • 226 Commissioners for trial of superintendents, . 227 Sentence against Hamilton of Kincavel pronounced null, 228 The Queen's progress through the west country, and her masses, 229 Death of Lord Coldingham, ... ih. Disturbance in Holyrood House, occasioned by a mass in the Queen's absence, .... 230 Knox's letter to the Protestants, enjoyningthem to protect their brethren in this matter, . . . 231 Variance between Knox and the Master of Maxwell, on account of this letter, . ... 233 The advocate's opinion on the subject, . . 234 Conference of Murrey and the Secretary with Knox, . 235 They advise him to submit to the Queen ; he refuses, . iff. Knox accused before the Queen and Council, . . 230 He defends before them his letter to the Protestants, . 237 Refutes the charge of treason, . . . . 238 Is pronounced innocent by the council, . . 240 The courtiers endeavour to procure his submission, . . 241 The Seventh General Assembly, . . . ^6. Contention between the nobles and the clergy about stipends, . ... 242 Knox justified by the Assembly for his letter to the Pi'o- testants, .... 243 Trial of superintendents and commissioners, . 244 Commissioners of provinces appointed, . 245 Acts, . . . . . ib. Supplications, .... 246 Book of Discipline to be revised, . . 247 Ministers censured, .... ih. 1564. Friendly banqueting between the Queen and the lords, . 248 XU CONTENTS. PAGE Craig's rebuke of the hypocrisy of the times, . . 248 Knox declaims in the pulpit against the mass, and its toleration, 249 The Eighth General Assembly, . . . 250 Conference between the ministers and the court lords, ib. The latter blame Knox's boldness in the pulpit, . 252 His prayer for the Queen objected to by Lethington, 253 Debate between Knox and Lethington on this subject, ib. Articles and petitions of this Assembly, . . 280 Acts, . . . . .281 Commission appointed to confer upon ecclesiastical causes, ib. Complaint of the husbandmen on the rigorous exaction of tithes, ..... 282 The Ninth General Assembly, Trial of superintendents and commissioners, . ib. Articles and petition, . . . .183 Acts, ..... 284 Commission for visitation of kirks, . . ib. Answer to Paul Methven's supplication to be received into the kirk, .... ib. 1565. Lord Darnley arrives in Scotland, . . . 285 Rizio's rise at court, .... ib. Darnley and Rizio plot the assassination of Murrey, . 286 The Tenth General Assembly, , . . 287 Petitions, . . . . . ib. Act depending upon the petitions, . . 289 Questions decided, .... 290 Offences for which ministers were to be censured, 291 The Queen married to Darnley, ... ib. Several of the nobility take up arms on account of the marriage, 292 They are obliged to fly to England, . . . ib. The Eleventh General Assembly, . . 294 Trial of superintendents and commissioners, . . ib. The Queen's answers to the petitions of the former Assembly, 295 Replies of this Assembly to her answers, . 296 Petitions, . . . . .300 Acts, ..... ib. Questions decided, . , . .301 Ministers censured, . . . 303 Ministers appointed to try the complaint of a superin- tendent, ..... ib. CONTENTS. xm PAGE Public Fast proclaimed, . . . 303 Causes of it announced, . . . 304 Knox's letter, in name of the Assembly, to encourage super- intendents, ministers, &c., . . 306 1566. Rizio introduces a guard of Italians, . . . 310 Supplants Darnley in the Queen's favour, . . ib. Labours to obtain a Scottish earldom, . . .311 Darnley plots to assassinate him, . . . 312 Death of Rizio, ..... 313 Murrey returns to Scotland on the death of Rizio, . 315 The conspirators escape to England, . . . 316 Knox's Preface to the Fourth Book of his History, explaining the condition of Scotland at this time, . . 317 Birth of King James the Sixth, . . .321 The Twelfth General Assembly, . . ib. Trial of superintendents, . . . 322 Petitions, .... ib. Order of Paul Methven's repentance appointed, . ib. Questions decided, . . . 323 A fast decreed, .... 324 Bothwell grows in favour with the Queen, . . ib. He is wounded, and is visited by the Queen, . . 325 Mary declares her intention to be rid of her husband, . 326 Baptism of the prince, .... 327 Darnley 's life attempted by poison, . . . 328 The Thirteenth General Assembly, . . . ib. A shew of relief offered to the clergy by the Queen and council, .... 329 Judgements of the Assembly concerning the tithes, . ib. Questions decided, . . . 330 A reader censured, .... 331 A book appointed to be revised, . . ib. The Confession of the Helvetian Church approved of, ib. Knox appointed to write to the Bishops of England in favour of those who objected to the clerical vestments, 332 His letter on the occasion, . . . ib. Supplication to recal the commission granted to the Bishop of St Andrews, .... 335 Knox's letter on the danger that might arise from the Bi- shop's Commission, .... 337 XIV CONTENTS. PAGE He is permitted bj tlie Assembly to visit England, 340 1567. Mary visits her husband at Glasgow, . . 341 Her letter to BothweU describing the interview, . . ib. Darnley transported to Edinburgh, . . 342 He is lodged in the Kirk of Field, . . . 343 His assassination, .... 344 Murrey and Morton aspersed as his murderers, . . 345 Unceremonious burial of Darnley, . . 346 The Queen's brief mourning, .... 347 Slight inquest to discover the murderers, . . ib. Bothwell accused of the crime anonymously, , . 348 Acquitted by a mock trial, . . . . ib. He offers the combat to prove his innocence, . 350 His defiance answered by an anonymous appellant, . ib. BothweU obtains the subscriptions of the Lords to his marriage with the Queen, . . . . 351 Copy of the band subscribed, .... 352 Assurance of indemnity given by the Queen to the subscribers, 355 Bothwell divorced from his lady, . . . ib. Mary endeavours in vain to obtain possession of the infant prince, ib. Bothwell takes the Queen prisoner, . . . 356 He leads her to Edinburgh, . . . 357 Marriage of the Queen and Bothwell, . . . ib. Band between the Queen, Bothwell, and several lords, . 358 Murray refuses to sign it, . . . • 359 The Queen and Bothwell set themselves against the non-subscribers, ib. Msirj and Bothwell obliged to fly to Dunbar, . 3G1 Edinburgh castle surrendered to the confederates, . . ib. The Queen and Bothwell muster their forces, . 362 They occupy Carberrie HiU, .... 363 Bothwell offers the combat to his opponents, . . ib. The Queen surrenders to the confederates, . . 364 She is brought to Edinburgh, . . . 365 Imprisoned in Lochleven Castle, . . . 366 Bishop of Dumblaue's reception at the French Court, . ib. Bothwell's casket of letters intercepted, . . 367 FOURTEEXTH GeN^ERAL ASSEMBLY, . . . 368 Their circular to the nobles requesting their attendance and aid, . . . . . ib. Questions decided, . . . 370 CONTENTS. XV The Lords divided into two factious, Letliington deserts from the Confederates to the Queen, Mary's resignation of the crown, . ■ . Appoints regents during her son's minority, Fifteenth General Assembly, Conference appointed, Argile and Abernethy excuse their absence, . Articles subscribed at this Assembly, Stipends of the 66th year modified. Coronation of the Prince, The Earl of Murrey returns to Scotland, He is proclaimed Regent, Conventions of the two parties, The king's authority acknowledged, A parliament held, Its acts in favour of religion and the kirk, The Sixteenth General Assembly, Trial of Superintendents, Craig's account of his proceedings in the marriage of the Queen and Bothwell, Commission to treat upon the jurisdiction of the kirk. Ministers censured, .... Argile and his lady censured, Collectors of the thirds appointed by the Assembly, Letter requesting WiUock to return to Scotland, 1568. Execution of the murderers of Darnley, Knox's letter to a friend in England, The Queen escapes from Lochleven, Murrey assembles his forces. Issues a proclamation. Mutual band between the captain of the castle burgh. Battle of Langside, The Queen's forces routed, Hoddom Raid, . A parliament, Argile 's contrivances to prevent its meeting, The Seventeenth General Assembly, Trial of the Superintendent of Fife, Acts, and city of Edin- PAGE 371 ib. 372 375 377 ih. ib. 378 383 384 ib. 385 386 387 388 ib. 392 ih. 394 396 397 ib. ib. 399 401 402 403 404 405 412 ib. 416 417 418 419 421 ib. ib. XVI CPNTENTS. PAGE Books to be revised and corrected, . 423 Bishops of Galloway and Orkney tried and censured, 424 The treatise of excommunication to be revised, . ib. Subjects of memorial to be presented to the Regent, ih. The Regent's answer, . . . 426 Knox's letter on the apprehension of invasion, . . 427 Mary repairs to England, . . . 428 Murrey summoned to England to justify his proceedings, . 429 Meeting of the English and Scotch commissioners at York, 430 Their preliminary proceedings, • . . 431 Complaint presented by Mary's commissioners, . . 433 Murrey's answer, .... 435 Rejoinder of Mary's commissioners, . . . 439 Lethington's duplicity during the trial, . . 447 The trial transferred from York to London, . . 449 The Regent's Eeke to his former answer, in which he accuses Mary as accessary to Darnley's murder, . . 451 Protest of the Regent on presenting the Eeke, . . 453 Answer to the Eeke by Lord Herries, . . 455 Mary's Commissioners demand a personal interview for their mis- tress with Elizabeth, .... ib. Elizabeth refuses, .... 456 The tenour of her answer, . . . . 457 Articles proposed by the Bishop of Ross in behalf of Mary, 400 Elizabeth's answer, . . . . .461 Mary's answer to the Regent's Eeke, . . 462 The Regent produces the silver casket and its contents, . 466 The Bishop of Ross endeavours to prove them invalid, . 467 Letter written by one in London about this trial, . . 468 The General Assembly continued, , . 470 1569. The Regent cleared of calumnies, . . . 472 Mary's missives to Scotland misrepresenting the designs of the Regent, ..... 473 Elizabeth's auswer, ..... 474 Murrey returns to Scotland, . . . 476 Preparations in Scotland for civil war, . . . 477 TuE Eighteenth General Assembly, . . ib. Superintendents tried, . . . 478 A Minister censured, ... ib. An Act, . . . . . ib. CONTENTS. xvn be- Po- A Commission to proceed against the Earl of Huntly, Letter from the Duke of Chattelerault to this Assembly, Commission given to deal with him, Superintendent of Lothian's circular (penned by Knox) to the professors in Scotland, Petitions, .... Order of the public Fast, The Duke of Chattelerault's transactions with the Regent, The Duke committed to ward, Argile and Huntly summoned ; the latter disobeys, Lethington plots for the Queen, Queen Elizabeth's three proposals to the Scottish convention in half of Mary, .... The Nineteenth General Assembly, Trial of Superintendents and Commissioners, Acts, ..... The Principal and Regents of Aberdeen deposed for pery, .... Commissions, .... Enactments, .... Act for assignation of Stipends, The Regent's answer. His letter to the Assembly, Heads proposed in his name to the Assembly, and their answers, .... Answer to Queen Elizabeth's three demands, . Grange rescues Lethington from an arrest, The Regent makes an inroad upon the borders, Lethington's day of trial prorogued, The Duke of Norfolk's purposed marriage with the Queen Scots, ..... His design detected. The Earls of Northumberland and Westmoreland rebel, . The Earls are defeated, and escape to Scotland, Northumberland apprehended by the Regent, 1570. The assassination of the Regent Murrey, His character, ..... Intrigues of the Hamiltons upon the occasion, Knox's conference with^the Abbot of Kilwinning, Balcleuche and Phairnihirst invade the English borders. page 478 479 481 of 482 484 486 ib. ib. 487 488 489 490 ib. 491 ib. 493 ib. 494 496 498 502 504 ib. 505 506 507 508 ib. 509 ib. 510 511 512 ib. 513 xviii CONTENTS. PAGE Kuox's prayer on the death of the Regent, . • 513 Forged conference between the Regent and his friends, about the former usurping the crown, . . .515 Knox denounces the forgery and its author, . . 52a Burial of the Regent, .... «&• Deliberation to revenge the Regent's murder, . . 52Q Election of a new Regent delayed, . . • 527 Elizabeth's demand that her rebels should be delivered up to her, ..... 528 Pretended readiness of Mary's party to revenge the Regent's murder, . . . , . ib. The Twentieth General Assembly, . . 529 Order of the Assembly's proceedings, . . ib. The Bishop of Orkney's answers to offences laid to his charge, , . . . 530 Requests of the late Regent, and answers to them, . 535 Articles presented to the Lords of Session, and answers to them, .... 536 Acts, ..... 538 Questions decided, . . . 540 Ministers and abusers censured, . . . " 543 Commission, .... ib. Convention at Edinburgh of the lords of the Queen's party, . 544 Deliberation about the choice of a Regent, . . 545 Lamentations of good men for the Regent's death, . . 546 Letter of Mary's partizans to the Queen of England, . 547 An ambassador sent to them fi-om France, . . 550 They make proclamation of their purposes, . .551 They hold a convention at Linlithgo, . . 553 They convene at Edinburgh, and quarrel with the magistrates, 555 Queen Elizabeth resolves to send an array to the borders, . ib. Assures the Scots that it is only to apprehend her rebels, 556 A day appointed for conference between both parties, which is not kept, ..... 557 Treachery of Kircaldy of Grange, . . . 558 The lords of the Queen's party leave Edinburgh in fear, . ib. Proceedings of two conventions of the lords in opposition to each other, . . , . . 560 The lords of the Queen's party demand that Edinburgh should be open to them, . . . .561 They are refused, .... ib. CONTENTS. XIX PAGR Castles taken or demolished by the English, . . 5G2 The Hamiltons assail the castle of Glasgow in vain, . ib. The English march towards Glasgow, . . . 563 They take the castle of Hammilton, . . 564 The Earl of Lennox appointed lieutenant for twenty days, . 566 Elizabeth's answer to the Scottish lords who desired a settled go- vernment, . . . . . 567 The Earl of Lennox proclaimed Regent, . . ib. Appendix. Declaration of the Lords proclaimed at Dumfries against the Queen's proceedings, anno 1565, . . 569 Act of the Lords of Secret Council in 1567, proclaiming Bothwell guilty of murdering Darnley and ravishing the Queen, 576 Bothwell's testament and latter will, . 578 "' -^^^ %.. ■<4 CALDERWOOD'S lIISTOiaE OF THE KIRK OF SCOTLAND. QUEENE MARIE, SOYERANE. AMBASSADERS FROM FRANCE TO ENGLAND TO TREAT OF PEACE. Before the death of the queene regent, the Frenche king not be- ing able to send an armie in time, for succour of his companeis ly- ing at Leith, sent two ambassaders, Monsieur Eandon and Mon- sieur Monlucke, Bishop of Valence. Their commission was, to treat with the> Queen of England upon peace ; for the Frenche king thought it an indignitie to send to the Scotish nobilitie, his subjects. The Queene of England sent her principall secretarie, Sir William Cecill, Knight, and Doctor Wotton, Deane of Yorke. The English and Scots fearing deceate, sought, by all meanes, to have the contract sure. The Frenche, to gratifie those who sent them, protracted the time till these within Leith were skarse of victuall ; and the Frenche within Inchekeith had almost perished, if by some stratageme they had not gottin a shippe with victualls, and some munitioun, upon Midsommer Eve, wherof they triumphed not a little. Yitt in end,[peace was concluded upon the * « of Julie 1560, as folio weth : — VOL. II. A CALDERWOOD's HISTOHIE 15G0. " THE ARTICLES TR^VXSACTED AND AGREED UPON BY JOHNE BISHOP OF VALENCE, AND MONSIEUR RANDAN, DEPUTEIS FOR THE KESTG AND QUEEN OF SCOTLAND, SIR WILLIAM CECILL AND NICOL AVOTTON, A3IBASSADERS FOR THE QUEENE OF ENG- LANT), UPON THE MATER PRESENTED TO THEM BY WAY OF PETITION, FOR THE PART OF THE NOBILITIE AND PEOPLE OF SCOTLAND. " In the first, upon the complaint and petition of the said nobi- litie and the people of this countrie, anent the number of men of warre susteaned by their majesteis in these parts in time of peace : It is humblie requested to the said deputeis, that they would pro- vide opportune remedie therupon, to the solace and releefe of the countrie. The saids deputeis considering the said desire to be just, and conforme to reasoun, consented, concorded, and affirmed, that the king and queene sail procm-e no Frenche men of wan-e, nor no other natioun, to come to thir parts in time comming. But if strangers would pretend to enter into this realme with an armie or navie, to occupie the same, in the which case provisioun sail be made by their majesteis, the judgement and counsel! of the estats of the realme being had therunto ; and that the Frenche men of warre being now in the toun of Leith, sail be sent to France, the same time that the armie and navie of EngKshmen and Scotishmen sail be skailled both by sea and land ; the which sail be done in the best maner may be, as at more lenth consideratioun sail be had therupon. And as to the bands of Scotish men of waiTe being in the said place, they sail be brokin, and the men of waiTe licentiat to depart. Moreover, as to the forts of Dumbar and Inchekcith, there sail remaine in them a hundreth and twentie Frenche men allenarlie, which sail be parted and distributed in thh two places. And there sail remaine no moe in Dumbar but sixtie men of warre, so it be not affirmed by the captans chosin to that effect by both the parteis, that for the keeping of the same anie greater number is not needftill : also to depart Avlien the estats of the realme can find 15!)0. OF TJIE KIKK OF 8COTI.AND. 3 unic good and sure remedie, upon the expenses made iu the same places, to keepe the same from jierell of inA^asion, or deprivatioun therof frome them that would pretend to occupie the same : they sail humediatlie shew the same unto then' majesteis als hastilie as may be done ; and in the meane time, the number of the said men of warre sail not be augmented. And, in like maner, it sail not be lawfuU to anie of the said men of Avarre to doe anie injureis to anie persoun, nor yitt to mainteane and defend anie Scotish man of what qualitie so ever he be of, against the will and authoritie of the magistrats of the realme ; nor to receave them in the said place, that the minister of justice may not putt hands in them ; nor yitt sail intromett with them anie maner of Avay with the querrells and discords of the lords, and other particular men of this realme ; but they themselves sail be bound, in cases of anie querrell, to be pun- ished after the lawes and constitutions of this realme, and to an- swere for themselves before the judges ordinarie of the same. Last of all, that frome hencefurth they be not compelled to tak on cre- dite, they sail be everie moneth satisfeid of their Avages, so that tAVO Scotish lords, chosin by the counsell, may present it at Aveapon- showing and musters of the said men of Avarre ; and also to visite the said forts, to see if the number of them be eeked. And it sail not be laAvfull for the saids men of Avarre to tak anie victualls for then- sustentatioun, for munitioun of the said places, but by l>ay- ment of readie money munerat, and Avitli the pleasure of them that deliver the same to them. And, therefore, the said lords obllshe them to give them so muche as is needfull imto them, they having to pay therefore. '• Item, Upon the petition presented unto the saids lords deputeis, anent the demolitioun of the fortifications, the said deputeis consent, concord, and affirme, that the fortificatioun of Leith sail be demo- lished, and that two, three, or foure captans sail be chosin by both the parteis, to visite the castell of Dumbar. And if it be found by them that the reparatioun, amplificatioun, and fortifeing made ther- of noAV after the peace, greater number of men to the keeping ther- of is required, the reparatioun and fortificatioun thei'of sail be de- 4 calderwood's nisTORJE 15 GO. molished so soone as may be done ; and sail remain onlie untulched that thing which may make the castell more sure, and in least dan- ger fi-om invasioim, providing notthelesse, that no greater number of men therin be required for keeping of the same. Moreover, in times comming, the king and queene sail raak no moe new forts within the realme ; and sail not augment them that are elles made ; and sail not repair them that are demolished, without counseU and consent of the estats ; nor yitt sail transport to their parts anie ar- tillerie, munitioim of warre, powder, or victuals, but so muche as may serve for keeping of the said places by the space of six moneths, or a yeere. " Item, Anent the petitioun made anent the debts contracted by the Frenche men of warre in this countrie, the saids lords concorded, that the king and queene sail caus restore all that which happeneth to be found, given, and granted to the king's lieutenants, and his captans, and others officers, for the nourishment, sustentatioun, and maintenance of the said Frenche men, or that which is found ought to be the lieutenant's, for service of his majestic, that may appeare by Avritting and confessioun of parteis. " Item, Upon the petitioun made anent the conventioun of estats in this realme, the saids deputeis consent, concord, &c., that the estats of this realme may conveene, and hold parliament the 20th day of the moneth of Julie nixt to come ; upon the which day the parhament sail be continued, as use is, unto the first day of the moneth of Augnist follo^Aang. Providing ahvise, that before they beginne to treate of anie thing in the said parliament, all tumult of warre be discharged and ceasse, that they that are j)resent may be fi-ee, without feare of men of warre or others ; and that in this meane time a messinger be sent by the said deputeis to the king and queene, to certifie them of the things agi'eed, treated, and con- corded, requesting their majesteis humblie to be content with the same. And the said conventioun sail be als laAvfull in all respects as the same had beene ordeaned and done by expresse commande- ment of their majesteis, providing that no mater be treated therin before the said first dav of August. 1560. OF THE KIRK OF SCOTL.VND. O " Item, Upon the article presented anent warre and peace, the saids deputeis consented, concorded, &c., that the king and qucene neither make peace nor warre in thu- parts, but by the counscll, judgement, and consent of the estats, according to the ordinance of the countrie, and as was observed by their predecessors. " Item, Upon the petitioun presented to the said deputeis, concern- ing the governement and regiment of the pohcie, they have con- sented, &c., that twentie-foure worthie men of this realme be chosin by the three estats, of the which the king and queene sail choose seven, and the estats five, which, in their majesteis absence, sail tak order, and mak an ordinarie counsell, for the administratioun fore- said ; so that no man, of whatsoever qualitie he be, sail have the power to order anie thing to be done tuiching the said bussinesse, without the mediatioun, authoritie, and consent of them ; so that the said counsellors sail conveene together als oft as they may. But they sail conveene no lesse than six together ; and when anie mater of importance occurreth, they sail be called to consult, or tak order, by them, or the most part of them, if need be. And if it happin anie of the said seven, chosin by the king and queene, to deceasse, their majesteis saU choose another forth of the said num- ber of twentie-foure, in place of him that deceased. And if anie of the said five chosin by the estats dieth, the remnant foure chosin by them sail name another, of the number of twentie-foure. More- over, if it be thought expedient to the said estats, that other two ha augmented to the said number of twelve, then, and in that case, the king and queene sail choose one, and the estats another." (And so was this article agreed under conditioun ; that is to say, that the same be no prejudice in times comming to the king and queene, and the rightes of the croAvne. And the said deputeis of- fered their labours to make mediatioun to the king and queene, for mainteaning pensiouns and expenses of the said counsellers, and ordinarie oflficers of the said counsell, to be provided of the rents and revenues of the crowne.) " Item, Upon the petitioun made to the saids deputeis, anent the officers of this realme, they consented and concorded, &c., that in (i cai.di:ii\v()Od's ijistorie 1560. time to coine, the king and queene sail not depute anie stranger in the administratioun of the civill and commoun justice, and likewise in the office of chancerie, keeper of the scale, treasurer, comptroler, and other like offices ; and sail not use them, but sail be content with their owne subjects, borne in the realme. Moreover, it sail not be law- full to putt the office of treasurie, comptroller, in the hands of anie churcheman, or other which are not able to exercise the said offices ; the which treasurer and comptroller sail be provided of sufficient commissioun to use the said offices. But it sail not be lawfull to them to dispone or sell wards of mariages, or other casualteis, or anie other things whatsoever they be perteaning to their offices, ■\\atIiout counsell or consent of the said counsell to that effect, that the counsell may knoAV that all things be done to the profite of the king and queene. And yitt they will not bind nor astrict the king or queene to this article, that they may not give Avhen they think expedient. " Item, They concorded, that in the first conventioun and parlia- ment of the estats of this realme, there sail be constituted, or- deaned, and established, a law of oblivioun, which afterward sail l)e confirmed by the king and queen's majesteis, by the w^hich all remembrance of bearing of armour, and other things which have beene done, sail be bureid and forgottin, frome the sixt day of the moncth of Marche, in the yeere of our Lord 1558 yeeres. And by the same law, they which have gainsaid the lawes of the realme, sail be excused and free of all paines conteaned therin, suche like as if it never had beene gainsaid, providing that the privUedges of the said laAv be not extended to them which the estats of the realme sail judge unworthie therof. " Item, It is agi'ced and concluded, that in the said conventioun or parliament, the estats of the realme, as the use is, and of the inaner is required, sail be called, in the wliich all they that have used to couveene and be present may come without all feare, or force done, or to be done to them, by any persouu ; so that the said estats sail oblishe them, tliat where, in time comming, anie se- ditioun or rnnventionn of men of warrc sail liappin to bo, without 10(>0. OF THE KIRK OP SCOTLAND. 7 command of the counsell, being of the number of twelve, the reahne and countrie sail repute the causers therof, and they that conveene, as rebells ; and sail persue them as suclie like, that they may be punished by the lawes of the reahne ; so that the king and queene sail not be compelled, in time comming, to send anie men of warre, strangers, in thir parts, for obteaning the due obedience of their subjects. " Item, They offered, concorded, and agreed, that there sail be a generall peace and reconciliatioun amongst all lords and subjects of this realme, so that they that are called of the Congregatioun, and they which are not of the same, sail putt no reproche to others for the things which are done frome the said sixt day of Marche, 1558. " Item, They offered, concorded, and affirmed, that the king and queene sail not persue, revenge, nor mak anie persecutioun for the things that have beene done ; nor yitt sail they suffer the same to be done by their subjects, Frenchemen ; but saU have all things in oblivioun, as the same had never beene done. And suclie like the lords of this realme of Scotland sail doe, of all bussinesse be- twixt them and the Frenchemen, on their parts. And if by sini- ster informatioun, or anie other occasioun, their majesteis have con- ceaved evill opinioun against their subjects, they sail utterlie for- gett and change the same ; nor they sail not deprive anie of them, nor denude anie of them, or of their subjects, of the offices, benefices, or estats which they have bruiked in the said realme before, by reasoun of anie things they have medled with, frome the said 6th day of Marche, 1558. And further, sail make no occasioun of depriva- tioun nor depouning of them by anie other colour, without caus ; l)ut rather they sail esteeme and treat them, in time comming, as good and obedient subjects, providing that the saids lords and other subjects, on their part, make to their majesteis all obedience, suchc like as other faithfull and natural! subjects owe to their soverans. " Item, It is concorded and agreed, that it sail be lawfull to none of the lords of the nobilitie of Scotland, or anie other, to make con- VMcatioun of men of warre, but in the ordinarie caus approved 8 CALDERAVOOD's IIISTORIE 1560. by the law and custonie of the reahne ; and yitt, none of them sail caus anie men of warre, strangers, to come to thir parts, and muche lesse sail attempt to doe anie thing against the king and queene, or against the anthoritie of the counsell or other magi- strats of the realme ; and they who have presented the petitioim saU be bound tlierunto. And in cace anie of them, or others, find occasioun to invade, or tak armour against anie man, as he pre- tendeth, after that he hath communicated the mater with the coun- sell of the realme, he sail present his complaint to their majesteis. And, generaUie, they sail obhshe them, under the said pains, to doe the things Avhich perteane to good and faithfull subjects, for the quietnesse and tranquillitie of the realme, and rights of their soverans. " Item, It is agreed, that if anie bishops, abbots, or other church- men, sail find or alledge them to have receaved anie injureis, either in their persons or in their goods, the plaint sail be scene and con- sidered by the estats of the said conventioun and parhament ; and there sail be made redresse, as they sail find, according to reasoun : and, in the meane time, no man sail stoppe them, but they sail brooke their goods ; nor saU doe anie hurt, injurie, or violence to them. And if anie doth controveen this article, he sail be persued by the lords, as a perturber of a good commoun weale. " Item, It is concorded, &c., that the saids lords sail bind them to observe, and caus to be observed, all and sundrie points and ar- ticles agreed in this treatie. And if it happen that anie of them, or anie other, would gainsay the same, the remanent lords and re- sidue of the whole people sail be enemeis to him, and sail pcrsue huu, till he be chastised and punished according to his demerits. " Item, It is concluded, &c., that all the whole realme may know, that the king and queene are not willing to keepe anie remembrance of the troubles and differences past ; and so farre as concerneth the nobilitic and other subjects of this realme, that their majesteis de- sire to trcatc them humanelie, and to be favourable unto them, the said deputeis have promised and concorded, that the Duke of Chat- telerault, and all other noblemen of Scotland, sail be remitted, and 1560. OF THE KIRK OF SCOTLAND. 9 putt again in all their goods and Ijenefices which they had and in- joyed in France, that they may brooke and injoy the same, in the same maner as they did before these debates, the said sixt day of Marche, and yeere aforesaid, even as the said controverseis had never chanced. And also, that all capitnlatiouns and articles agreed upon in times past, and speciallie these that were appointed in the king and queen's contract, sail be observed and keeped, als weill for the part of their majesteis, as for the part of the nobilitie and people of Scotland. And as concerning David, sonne to the said Duke of Chattelerault, now being in Brys de Vincent, Hbertic sail be granted to him to returne to Scotland, and doc as he pleaseth. " Moreover, when the said deputeis exponed, that some time it might chance, that the king might misse of his great gunnes and artillerie in France, the said lords having consideration therof, concorded, that no other artillerie be translated out of this realme, but these which were sent and brought in, frome the day of the deceasse of Francis, King of France, of good memorie, to these parts ; and that all other artillerie and munitioun be reponed into the places where they were taken furth of, and in speciall, that have the armes of Scotland, sail be putt in the place where they were takin furth of, &c., and there sail be noblemen of Scotland a^ipointed therefore ; and two, for tlie part of the king's majestic, are to be deputed to cognosce the samine, before the shipping therof. " And, moreover, that where for the part of the nobilitie and people of Scotland, certan articles concerning rcligioun and other points were presented, which the said deputeis woidd not tuiche, but considering the weight and importance of them, remitted the same to be acknowledged and decided by their majesteis ; the saids lords and nobilitie doe promise, that a certan number of noblemen sould be chosin in the nixt conventioun and parliament, to be sent to their majesteis, which sail expone to their Highnesse these things that sail be thought needfull for the estate of their bussinesse ; and for the fore-mentioned, and other articles and points undecided by the said deputeis, to the effect that they may know their majesteis' in- tentioun and benevolence upon these things, which sail be exponed 10 calderwood's historie 1560. for the part of the countrie. Tlie vvliicli also sail have with them a confirmatioun and ratificatioun by the estats of the realnie, of these articles Avhich are concorded and agreed by the said depu- teis ; to whom also the same time, or before, sail be givin and de- livered like confirmatioun and ratificatioun made by their majes- teis, so being, that the said estats send their ratificatioun aforesaid." THE PROCLA3IATIOX OF THE THIXGS ABOVE WEITTIX. " To the loving of the most puissant, and comfort of all Clu'istians : The most puissant prince and princesse, and most Christian King and Queene of France, Francis and ]Marie, by the grace of God King and Queene of France and Scotland, and by the most puis- sant princesse Elizabeth, by the same grace, Queene of England and Ireland, &c., it is concorded, and reconciliatioim of peace and arnitie made, which is to be observed inviolablie amongst them, tlieir subjects, realms, and countreis. Forasmuche as in name of the said prince and princesse it is commanded, and straitlie charged to aU maner of persons under their obedience, or being in their ser\-ice, frome hencefm-th to desist from all hostilitie both by sea and land, and to keepe good peace one witli the other ; and with charge to the breakers under their great pei'eU." THE DEPAETURE OF THE FEE^XHE A2s'D ENGLISH. Peace being proclaimed, as said is, the most part of the Frenclie •were transported to France, in English vesseUs. They careid Avith them the whole spoile of Leith. That was the secimd benefite Leith receaved of their promised Hbertie. The Enghsh arniie de- parted by land the l(5th of Julie. The most part of tlie noblemen, professors of the true rellgioun, convoyed them honorablie. 1560. OF THE KIRK OF SCOTLAND. H PREPARATION FOR THE PARLIAMENT. After the return of the lords from tlie convoy of the Enolish the counsell beganne to consult upon the affaires of the coinmoun wealth, speciallie the establisheinent of religioun, and to prepare and order things needfiill for the parliament. The preachers ex- horted them to be thankfull to God for their deliverance; nixt, to see ministers placed in the countrie, as necessitie required. PUBLIC THANKSGIVING AND PLANTING OF SUPERINTEND ANTS AND MINISTERS. A day was appointed, wherin the whole nobilitie, and the great- est part of the Congregatioun, assembled in the Great Kirk of Edinburgh, where, after sermoun made for the purpose, thanks were givin to God for his merciful! deliverance frome the tyrannie of the Frenche, the substance wherof is extant in some prayers, and formes of thanksgiving prefixed before the Psalmes. Com- missioners of burghes, with some of the nobilitie and barons, Avere appointed to see ministers placed, who for the time were in Edin- burgh, for the most part. Mr Knox was appointed minister in Edinburgh ; Christopher Gudman, who for the most part remained in Air, in the time of the troubles, was placed in Sanct Andrewes ; Adam Heriot in Aberdeen ; Mr Johne Row in Sanct Johnstoun ; Paul Methven in Jedburgh ; William Christesone in Dundie ; David Fergusone in Dumfermline ; Mr David Lindsay in Leith. JNIr Johne Spotswood was nominated to be superintendent of Lothiane, Mr Johne Wynrarae of Fife, Mr Johne Willockc for Glasgow and the west, the Laird of Dun for Angus and Mernes, Mr Johne Carswell for Argile and the Isles ; unlesse the countreis wlicreto they Avere appointed could, in the meane time, find out men more able and sufficient, or elles shew suche causes as might make them unable for that diffnitie. 12 CALDERV.OOD's UISTORIE 1560. THE SPIEITUALL LORDS PRESENT AT THIS PARLIAMENT. The parliament approaching, all that by law or ancient ciistome had, or might clame place thenn, were advertised by the counsell. The assemblie was great, notwithstanding some, as weill of these that be called spirituall, as of these that be called temporall lords, absented themselves contemptuouslie. Yitt the Bishop of Sanct Andrewes, Dumblane, and Dunkeld, with some other of inferior sort of the Popish factioim, presented themselves. The Bishop of Galloway, the Abbots of Lindores, Ciilrosse, Sanct Colrae's Inch, Newbottle, Halp-udhous, the Pryour of Sanct Andrewes, Colding- hame, Sanct Marie He, the Sub-pryoiir of Sanct Andrewes, and diverse others who had renounced Poperie, were present also. In time of parliament, Mr Knox taught publicklie upon the pro- phecie of Haggee. He was fervent in applicatioun. William Mat- lane of Lethington said in mockage, " AVe must now forgett our- selves, and beare the baiTow, to build the hous of God." Ilowbeit some mocked, yitt others were moved, and assembled together, to consult what things were to be proponned to the present par- liament. After deliberation, this subsequent supplicatioun was pre- sented : — " The Barons, Gentlemen, Burgesses, and others, true subjects of this realme, professing the Lord Jesus witliin the same, to the Xobilitie and States of Parhament presentlie assem- bled within the said realme, desu'e grace, mercie, and peace, from God, the Father of our Lord Jesus Christ, with the encreasse of his Holie Spirit. " Please your honours to reduce to your remembrance, how di- verse and sundrie times we, with some of your selves, most hum- blie desired, at the feete of the late queene regent, freedome and libertie of conscience, with a godlic reformatioun of abuses, which, 15G0. OF THE KIRK OF SCOTLAND, 13 by the malice of Satan and negligence of men, are crecped in into the religioun of God, and are mainteaned by suche as tak upon them the name of clergie. And albeit that our godlie and most reasonable sute was then disdainfullie rejected, wherof no small trubles have ensued, as your honours weill know, yitt seing that the same necessitie yitt remaineth that then moved us ; and, moreover, that God of his mercie hath now putt into your hands suche order as God thereby may be glorifeid, this commoun wealth quietted, and the policie therof established, Ave cannot ceasse to crave of your honours the redresse of suche enormiteis as mani- festlie are, and of long time have beene committed by the place- holders of the ministrie, and others of the clergie within this reahnc. And first, seing that God of his great mercie hath, by the light of his Word, manifested to no small number of this realme, that the doctrine of the Roman church receaved by the said clergie, and mainteaned through their tyrannic by fire and sword, conteaneth in itself manie pestiferous erroiu's, which cannot but bring damna- tioun to the soules of suche as therewith sail be infected ; suche as are the doctrine of transubstantiation ; of the adoratioun of Christ's bodie under the forme of bread, as they terme it ; of the merits of works, and justificatioun that they alledge cometh thereby ; to- gether with the doctrine of the Papisticall indulgences, purgatorie, pilgrimage, and praying to sancts departed, Avhich all either re- pugne to the plaine Scriptures, or elles have no ground of the doc- trine of our Master, Jesus Chi'ist, his prophets, nor apostles : We humblie therefore crave of your honours, that suche doctrine and idolatrie, as by God's Word are both condemned, so may they be abolished by act of this present parliament, and punishement ap- pointed for the transgressors. Secundarilie, seing that the Sacra- ments of Jesus Christ are most shamfuUie abused and profaned by that Roman harlott, and her sworne vassalls, and also, becaus that the true discipline of the ancient church is utterlie now among that sect extinguished ; for who within the realme are more corrupt in life and manors than are they that are called the clergie, living in whoordom, adulterie, deflouring virgins, corrupting matrons, and 14 CALDEltWOOD's IllSTUltlE 15G0. doing all aboiiilnatioun without feare of puiiishement ? — we hum- blie, therefore, desire yom^ honours to find remedie against the one and the other. Thridlie, becaus that Man of Sinne most falslie clameth unto himself the titles of the Vicar of Christ, the Sueces- sour of Peter, the Head of the Chui'ch ; that he cannot erre, that all power is gi'aunted unto Yum, &c., by the which usurped autho- ritie, he taketh upon him the distributioun and possessioun of the Avhole patrimonie of the church, wherby the true ministrie of the Word of God long time hath altogether beene neglected, godlie learning despised, the schooles not provided, and the poore not onKe defrauded of their portioun, but also most tyrannouslie op- pressed, we likewise heerof desire remedie. And least that your honours sould doubt in anie of these premisses, we offer ourselves evidentlie to prove, that in all the rable of the clergie there is not one lawfull mmister, if God's Word, the practises of the apostles, the sinceritie of the primitive church, and theu- owne ancient lawes, sail judge of lawfull electioun. We further offer ourselves to prove them all theeves and murtherers, yea, rebells and tratours to the lawfull authoritie of emperours, kings, and princes ; and, therefore, unworthie to be suffered in anie commoun wealth. How malicious- lie they have murthered om' brethrein, foi no other caus, but for that they have offered to us the light of God's Word, your honours cannot be ignorant ; and into Avhat hazard their tyrannic hath brought tliis whole reahne, the ages after will consider. If yee looke for anie other fi-uict of them in times to come, than yee have seene in them whom we accuse, we are assured yee sail be de- ceaved. Now hath God, beyond all expectatioun of man, made yourselves, who sometime were suppliants with us for reformatioun, judges, as it were, in the caus of God : at least, he hath subdued your enemeis unto you, that by \dolence they are not able to sup- presse the Veritie, as heeretofore they have done. We, therefore, in the bowells of Jesus Clii-ist, crave of your honours, that cither they may be compelled to answere to our former accusatiouns, and unto suche others as justlie we have to lay to their charges, or elles, that all affectioun laved aside, yee pronounce them suche l)y censure of 15()0. OF THE KIRK Ul' SCOTLAND. 15 this parliament, and cans them to be so reputed, a« by us most justlie they are accused : especiallie, that they may be decerned unworthie of honour, authoritie, charge, or cure within the Churcli of God, and so frome hencefurth never to injoy vote in parUament. Which, if yee doe not then in the feare of God, and by the assur- ance of his Word, we forcwarne you, as yee leave a greevous yoke and burthein intolerable upon the Kirk of God within this realme, so saU they be thornes in your eyes, and pi'ickes in your sides, Avhom after, when yee would, yee sail have no power to remove. God, the Father of our Lord Jesus Christ, give you upright hearts, seeking his glorie ; and true understanding what this day He Avho hath delivered you frome boundage, both spirituall and temporal], craveth of you by his servants. And your honours' answere most humblie we require." This supplicatioun being read in audience of the Avhole assembhe, as some favoured uprightlie the caus of God, so were there manie that for worldlie respects abhorred a perfyte reformatioun. Yitt were the barons and ministers called, and commandement givin to them, to draw, in plaine and severall heads, the summe of that doctrine which they would mainteane, and desire the parliament to establishe. This was gladelie undertaken, and within foure dayes after, this Confessioun following was presented : — " THE CONFESSION OF FAITH " PROFESSED AND BELEEVED BY THE PROTESTANTS WITHIN THE REALME OF SCOTLAND ; RATIFEID BY THE ESTATS OF PARLIA- MENT, AS WHOLESOME AND SOUND DOCTRINE, GROUNDED UPON THE INFALLIBLE TRUTHE OF GOD'S WORD. " And this glade, tidings of the kingdome sail be preached through- out the ichole world, for a icitnesse unto all nations. And then sail the end comer — Matt. xxiv. 16 CALDERWOOl/S IIISTORIE 15(J0. " THE PREFACE. " The Estats of Scotland, with the Inhabitants of the same, professing Christ Jesus his hoKe Gospell, to their naturall countrie men, and unto all other realmes and nations pro- fessing the same Lord Jesus with them, wishe grace, mer- cie, and peace fi'om God, the Father of our Lord Jesus Christ, Avith the spirit of righteous judgment, for saluta- tion. " Long have we thristed, deere brethrein, to have notifeid unto the world the summe of that doctrine which w^e professe, and for which we susteaned infamie and danger. But suche hath beene the rage of Satan against us, and against Christ Jesus his etemall Veritie, latelie borne amongst us, that to this day no tune hath beene granted unto us to cleare our consciences, as most gladelie we would have done. For hoAv Ave have beene tossed a Avhole yeere past, the most part of Europ (as we doe suppose) doth understand. But seing that of the infinite goodnesse of our God, (who never sufFereth his afflicted utterlie to be confounded,) above expecta- tioun have we obteaned some rest and libertie, we AA^oidd not but sett furtli this breefe and plaine confessioun of suche doctrine as is propouned unto us, and as we beleeve and professe, partlie for sa- tisfactioun of om* brethrein, whose hearts (we doubt not) have beene, and yitt are wounded by the dispitefull railing of suche as yitt have not learned to speeke weill, and partlie for stopping of the mouths of impudent blasphemers, Avho boldlie condemne that Avhich they neither heard nor understood. Not that we judge, that the cankered malice of suche is able to be cured by this simple confes- sioun : no, we know that the SAveete savour of the Gospell is and sail be death unto the sonnes of perditioun. But Ave have cheefe respect to our Aveake and infirme brethrein, to Avhome Ave Avould communicat the bottom of our hearts, least that they be troubled, or careid away with diversitie of rumors Avhich Satan sparseth 1560. OF THE KIRK OF SCOTLAND. 17 against us, to the defacing of this our godlie enterprise ; protesting, that if anie man will note in this our confessioun, anie articles or sen- tence repugning to God's holie Word, that it would please him of his gentlenesse, and for Christian charitie's sake, to admonishe us of the same in writting, and we of our honours and fideUtie doe promise unto him satisfactioun frome the mouth of God, that is, frome the Holie Scripture, or elles reformatioun of that which he sail prove to be amisse.. For God we take to record in our consciences, that from our hearts we abhorre all sects of heresie, and all teachers of erroneous doctrine ; and that with all humilitie we embrace the puritie of Christ's Gospell, which is the onlie food of our soules, and, therefore, so precious unto us, that we are determined to suf- fer the extremitie of worldlie danger, rather than that we sail suf- fer ourselves to be defrauded of the same. For heerof we are most certanlie perswaded, that whosoever denyeth Christ Jesus, or is ashamed of him in presence of men, sail be denyed before the Fa- ther, and before his holie angels. And, therefore, by the assistance of the mightie Spirit of the same our Lord Jesus, we firmelie pur- pose to abide to the end in the confessioun of this our faith. " 1. Of God. " We confesse and acknowledge one onlie God, to wliome we must cleave, whom onlie we must worship, and in whom onlie we put our trust ; who is eternall, infinite, immeasurable, incompre- hensible, omnipotent, invisible, one in substance, and yitt distinct in three persons, the Father, the Sonne, and the Holie Ghost ; by whom we confesse and beleeve all things in heaven and earth, as weill vi- sible as invisible, to have beene created, to be reteaned in their being, and to be ruled and guided by his inscrutable providence, to suche end as his eternaU wisdome, goodnesse, and justice, hath appointed them, to the manifestatioun of his owne glorie. " 2. Of the Creation of Man. " We confesse and acknowledge this our God to have created man, (to witt, our first father Adam,) of whom also God formed VOL. TI. ^ 18 calderwood's historie 1560. the Avoinau, to his owne image and similitude ; to whom he gave wisdome, lordship, justice, free-Avill, and cleere knowledge of him- self, so that in the whole nature of man there could be noted no imperfectioun : from which honour and perfectioun man and wo- man did both fall, the Avoman being deceaved by the serpent, and man obeying the voice of the woman ; both conspiring agamst the soverane majestic of God, who, in expresse words, had be- fore threatned death, if they presumed to eate of the forbiddin tree. " 3. Of Originall Sinne. " By which transgressioun, commounlie called Originall Sinne, was the image of God utterlie defaced in man, and he and his pos- teritie, of nature, become enemeis to God, slaves to Satan, and ser- vants to sinne, in so muche, that death everlasting hath had, and saU have, power and dominioun over all that have not beene, are not, or sail not be regenerated from above ; which regeneration is Avrought by the power of the Holie Ghost Avorking in the hearts of the elect of God an assured faith in the promises of God reveeled to us in his Word, by which faith they apprehend Christ Jesus, with the graces and benefits promised in him. " 4. Of the Revelation of the Promises. " For this we constanthe beleeve, that God, after the fearefiiU and horrible defection of man from liis obedience, did seeke Adam again, call upon him, rebooke his sinne, convict him of the same, and in the end made unto him a most joyful promise, to witt, that the seed of the Avoman soidd breake doun the seqient's head ; that is, he sould destroy the Avorks of the devill. Which promise, as it Avas repeated and made more cleere frome time to time, so was it em- braced Avith joy, and most constantlie reteaned of all the faithfuU frome Adam to Noah, frome Noah to Abraham, and from Abraham to David, and so fiirth to the incarnation of Jesus Christ, who all (we meane the faithfuU fathers under the law) did see the joyfuU dayes of Christ Jesus, and did rejoice. 1560. OF THE KIRK OF SCOTLAND. 19 " 5. The Continuance, Increasse, and Preservation of the Church. " We most constantlie beleeve, that God preserved, instructed, multiplied, honoured, decored, and from death called to life his church in all ages, fr'om Adam till the comming of Christ Jesus in the flesh. For Abraham he called from his father's countrie ; him he instructed, his seed he multipleid, the same he mervelloushe preserved, and more mervelloushe delivered frome the boundage and tyrannic of Pharaoh ; to them he gave his lawes, constitutions, and ceremoneis ; them he possessed in the land of Canaan ; to them, after judges, and after Saul, he gave David to be king, to Avhom he made promise, that of the fruict of his loynes sould one sitt for ever upon his royaU seate. To this same people frome time to time he sent prophets, to reduce them to the right way of their God, frome which often times they declynned by idolatrie. And, albeit that for thefr stubborne contempt of justice, he was compelled to give them in the hands of their enemeis, as before was threatned by the mouth of Moses, in so muche that the holie citie was destroyed, the temple burnt with fire, and the whole land left desolate the space of seventie yeeres, yitt of mercie did he reduce them againe to Je- rusalem, when the citie and temple were re-edifeid, and they, against all tentations and assaults of Satan, did abide, till the Messias came, according to the promise. " 6. Of the Incarnation of Christ Jesus. " When the fulnesse of time came, God sent his Sonne, his Eter- nall Wisdome, the substance of his owne glorie, into this world, who tooke the nature of manhead, of the substance of a woman, to witt, of a virgin, and that by operatioun of the HoUe Ghost ; and so was borne the just seed of David, the Angell of the great coun- sel! of God, the verie Messias promised ; whome we confesse and acknowledge Immanuel, verie God and verie man, two perfyte na- tures united and joyned in one persoun. By which our confessioun, we condemne the damnable and pestilent herescis of Ai-rius, Mar- cion, Eutyches, Nestorius, aud suche others as either did denie the 20 calderwood's historie 1560. eternitie of his Godhead, or the veritie of his humane nature ; or confounded them, or yitt divided them. '^ 7. Why it behoved the Mediator to be verie God and verie Man. " Wee acknowledge and confesse, that this most wonderous con- junctiouu betwixt the Godhead and the manhead in Christ Jesus, did proceed frome the eternall and immutable decree of God, frome which aU our salvatioun springeth and dependeth. " 8. Election. " For that same etemall God and Father, who of meere grace elected us in Cluist Jesus liis Sonne, before the foundatioun of the world was layed, appointed him to be our Head, our Brother, our Pastor, and great Bishop of our soules. But becaus that the ini- mitie betwixt the justice of God and our sinnes was suche, that no fleshe by itself could, or might have atteaned unto God, it behoved that the Sonne of God sould descend doun unto us, and take him- self a bodie of our bodie, fleshe of our fleshe, and bone of our bones, and so become the Mediator bet\^^xt God and man ; giving power to so manie as beleeve in him to be the sonnes of God, as himself doth witnesse : " I passe up to my Father and unto your Father, to my God and unto your God." By which most hohe fraternitie, whatsoever we have lost in Adam is restored to us again. And for this cans are w^e not affrayed to call God our Father, not so muche becaus he hath created us, (which we have commoun with the reprobat,) as for that he hath givin unto us his onlie Sonne to be our brother, and givin unto us grace to acknowledge and em- brace him for our onlie Mediator, as before is said. It behoved, further, the Messias and Redeemer to be verie God and verie man, becaus he was to underly the punishement due for om' transgres- siouns ; and to present himself in the presence of his Father's judgement, as- in our persoun, to suffer for our transgressioun and inobedience, by death to overcome him that was the author of death. But becaus the onKe Godhead could not suffer death, nei- ther yitt could the onlie manhead overcome the samine, He joyned 1560. OF THE KIRK OF SCOTLAND. 21 both together in one persoun, that the mibecillitie of the one soulcl suffer and be subject to death, which we had deserved, and the in- finite and invincible power of the other, to witt, of the Godhead, sould triumphe, and purchase to us life, libertie, and perpetuall victorie. And so we confesse, and most undoubtedlie beleeve. " 9. Christ's Death, Passion, and Buriall. " That our Lord Jesus offered himself a voluntarie sacrifice unto his Father for us ; that he suffered contradictioun of sinners ; that he was wounded and plagued for our transgressions ; that he, being the cleane innocent Lambe of God, was damned in the presence of an earthlie judge, that we sould be absolved before the tribunal seate of our God ; that he suffered not onlie the cruell death of the crosse, (which was accursed by the sentence of God,) but also that he suf- fered for a seasoun the wrathe of his Father, which sinners had de- served. But yitt we avow, that he remained the onlie welbeloved and blessed Sonne of his Father, even in the middest of his an- guishe and torment which he suffered in bodie and soule, to mak full satisfactioun for the sinnes of the people ; after the which, we confesse and avow, that there remaineth no other sacrifice for sinne. Which, if anie affirme, we nothing doubt to avow, that they are blasphemers against Christ's death, and the everlasting purgatioun and satisfactioun purchased to us by the same. " 10. Resurrection. " Wee undoubtedlie beleeve, that in so muche as it was impos- sible that the dolours of death sould reteane in boundage the Author of life, that our Lord Jesus, crucifeid, dead, and bureid, Avho de- scended into hell, did arise againe for our justificatioun, and de- stroying of him who was the author of death ; brouglit life againe to us who were subject to death, and to the boundage of the same. We know that his resurrectioun was confirmed by the testimonie of his verie enemeis ; by the resurrectioun of the dead, whose se- pulchres did open, and they did rise, and appeared to manic within 22 calderwood's historie 1560. the citie of Jerusalem. It was also confirmed by the testimonic of his angels, and by the senses and judgements of his apostles, and of others who had conversatioun, and did eate and drinke with him after liis resurrectioun. " 11. Ascension. " We nothing doubt, but the self-same bodie which was borne of the Virgin was crucifeid, dead, and bm'eid; and which did rise again, did ascend unto the heavens, for the accomplishment of all things ; where, in our names, and for our comfort, He hath receaved all power in heaven and earth ; where He sitteth at the right hand of his Father, inaugurat in his kingdome, Advocat, and onlie Me- diator for us. ^Yhich glorie, honour, and prerogative. He alone amongst the brethrein sail possesse, till that all his enemeis be made his footstoole, as that we undoubedlie beleeve they sail be, in the finall judgement ; to the executioun wherof we certanlie beleeve, that the same our Lord Jesus sail visiblie return, as that he was seene to ascend. And then we firmelie beleeve, that the time of refreshuig and restitutioun of aU things sail come, in so muche that these, who frome the beginning have suffered violence, injurie, and wrong, for righteousnesse' sake, sail inherite that blessed immor- talitie promised fi'ome the beginning. But contrariwise, the stub- bome, inobedient, crueU oppressours, filthie persons, idolaters, and all suche sorts of unfaithfull, saU be cast in the dungeon of utter darknesse, where the worme sail not dee, neither yitt the fire sail be extinguished. The remembrance of wliich day, and of the judgement to be executed in the same, is not onlie to us a bridle whereby our carnaU lusts are refrained, but also suche inestimable comfort, that neither may the threatning of worldlie princes, nei- ther yitt the feare of temporall death and present danger, move us to renounce and forsake that blessed societie Avhich we, the mem- bers, have with om- Head and onlie Mediator, Chi-ist Jesus ; whome we confesse and avow to be the Messias promised, the onlie Head of his Kirk, our just Lawgiver, our onlie High Freest, Advocat, and 1560. OF THE KIRK OP SCOTLAND. 23 Medlatoi-. In which honours and offices, if man or angell presume to intruse themselves, we utterhe detest them as blasphemous to our Soverane and supreme Governour, Christ Jesus. "12. Faith in the Holie Ghost. " This our faith, and the assurance of tlie same, proceedeth not from flesh and blood, that is to say, frome naturall poAvers within us, but is the inspiratioun of the Ilolie Ghost ; whome we confesse God equall with the Father and Avith his Sonne ; who sanctifcith us, and bringeth us into all veritie by his owne operatioun ; with- out whome Ave sould remaine for evermore enemeis to God, and ignorant of his Sonne Christ Jesus. For of nature Ave are so dead, so blind, and so perverse, that neither can we feele when we are pricked, see the light AA'hen it shineth, nor assent unto the Avill of God Avlien it is revceled, unlessc the Spint of the Lord Jesus quicken that which is dead, remove the dai-kenesse frome our mindes, and boAv our stubborne hearts to the obedience of his blessed Avill. And so, as Ave confesse that God the Father created us when Ave Avere not, as his Sonne, our Lord Jesus, redeemed us when Ave Avere enemeis to him, so also do we confesse, that the Holie Ghost doth sanctifie and regenerat us, Avithout all respect of anie merite proceeding of us, be it before, or be it after our regene- ratioun. To speeke this one thing yitt in more plaine Avords : as we willinglie spoile our selves of all honour and glorie of our oaa'uc creatioun and redemptioun, so doe Ave also of our regeneratioun and sanctificatioun. For of ourselves Ave are not sufficient to tliinke a good thought ; but He who hath begunne the Avork in us, is on- lie He who continueth us in the same, to the praise and glorie of his undeserved grace. ;" 13. The cause of Good Works. " So that the cans of good works Ave confesse to be, not our free- Avill, but the Spirit of the Lord Jesus, who, dAvelling in our hearts by true faith, bringeth furth suche Avorks as God hath prepared us for to Avalk in. For this we must boldlie affirme, that blasphemie 24 calderwood's historie 1560. it is to say, that Christ abideth in the hearts of suche as in whorae there is no spirit of sanctificatioun. And, therefore, we feare not to affirme, that murtherers, oppressors, cruell persecutors, adul- terers, Avhoonnongers, filthie persons, idolaters, drunkards, theeves, and all workers of iniquitie, have neither true faith, neither anie portioun of the Spirit of the Lord Jesus, so long as obstinatlie they continue in their wickednesse. For how soone the Spu'it of the Lord Jesus (which God's elect childrein receave by true faith) taketh possessioun in the heart of anie man, so soone doth He re- generat and renue the same man ; so that he beginneth to hate that which before he loved, and beginneth to love that which be- fore he hated. And from thence commeth that continuall battell which is betwixt the flesh and the Spirit in God's childrein, whill the flesh and naturaU man, according to the owne corruptioun, lusteth for things pleasant and delectable to the self; and grudgeth in adversitie, is lifted up in prosperitie, and at everie moment is prone and readie to offend the Majestic of God. But the Spirit of God, which giveth witnessing to our spirit that we are the sonnes of God, maketh us to resist filthie pleasures, and to grone in God's presence for deliverance frome this boundage of corruptioun ; and finallie to triumphe over sinne, that it raigne not in our mortall bodeis. This battell hath not the camall man, being destitute of God's Spirit ; but doth follow and obey sinne with greedinesse, and without repentance, even as the devill and their corrupt lusts doe pricke them. But the sonnes of God, as before was said, doe fight against sinne ; doe sob and mom*ne, when they perceave them- selves tempted to iniquitie ; and if they fall, they rise againe with earnest and unfained repentance. And tliir things they doe, not by their owne poAver, but by the power of the Lord Jesus, with- out whom they were able to doe nothing. " 14. Wltat IVorks are reputed good before God. " We confesse and acknowledge, that God hath givin to man his holie laAV, in which not onlie are forbiddiu all suche works as displease and offend his godlie Majestic, but also are commanded 1560. OF THE KIRK OF SCOTL.VND. 25 all suche as please him, and as he hath promised to reward. And thir works be of two sorts. The one are done to the honom- of God, the other to the profite of our nighbours ; and both have the reveeled will of God for their assurance. To have one God, to worship and honour him, to call upon him m all our troubles, reve- rence his holie name, to heare his Word, beleeve the same, com- municat with his holie Sacraments, are the works of the First Table. To honour father and mother, obey their charges, (not re- pugning to the commandement of God,) to save the Hves of inno- cents, to represse tyrannic, to defend the oppressed, to keepe our bodeis cleane and holie, to live in sobernesse and temperance, to deale justlie Avith all men both in word and deed, and, finallie, to represse all appetite of our nighbour's hurt, are the good works of the Secund Table, which are most pleasing and acceptable to God, as these works that are commanded by himself. The contrarie wherof is sinne most odious, which alwise displeaseth him, and provoketh him to anger : as not to call upon him alone when we have need, not to heare his Word with reverence, to contemne and despise it, to have or worship idols, to mainteane and defend ido- latrie, lightlie to esteeme the reverend name of God, to profane, abuse, or contemne, the Sacraments of Christ Jesus, to disobey or resist anie that God hath placed in authoritie, (whiU they passe not over the bounds of their office,) to murther or to consent there- to, to beare hatred, or to lett innocent blood be shed if we may with- stand it. And, finaUie, the transgressioun of anie other commande- ment in the First or the Secund Table, we confesse and affirme to be sinne, by which God's anger and displeasure is kindled against the proud, unthankfull world. So that good works Ave affirme to be these onlie that are done in faith, and at God's commandement, who in his laAv hath expressed what the things be that please him. And evill Avorks we affirme not onlie these that expreslie are done against God's commandement, but these also that in maters of re- ligioun and Avorshipping of God have no other assurance but the invention and opinion of man, which God from the beginning hath ever rejected ; as by the prophet Isay, and by our jNlastcr, Christ 2G calderwood's historie 1560. Jesus, we are taught in thii* words, ' In vaine doe they worship me, teaching for doctrins the precepts of men.' " 15. The Perfection of the Law^ and Imperfection of Man. " The law of God we confesse and acknowledge most just, most equall, most holie, and most perfyte, commanding these things which being wrought in perfectioun were able to give life, and able to bring man to eternaU felicitie. But our nature is so corrupt, so weake, and so imperfyte, that we are never able to fulfill the works of the law in perfectioun ; yea, if we say we have no sinne even after we are regenerated, we deceave ourselves, and the veritie of God is not in us. And, therefore, it bchoveth us to apprehend Christ Jesus, with his justice and satisfactioun, who is the end and accomplishment of the law ; by whom we are sett at this libertie, that the curse and maledictioun of God faU not upon us, albeit we fulfill not the same in all points. For God the Father, beholding us in the bodie of his Sonne Christ Jesus, accepteth our imperfyte obedience as it were perfyte, and covereth our Avorks, which are defiled with manic spots, with the justice of his Sonne. We doe not meane that we are so sett at libertie, that we owe no obedience to the law ; (for that before we have plainlie confessed ;) but this we aflfirme, that no man in earth (Christ Jesus onlie excepted) hath givin, giveth, or saU give in worke, that obedience to the law which the law requireth. But when we have done all things, we must fall doun, and unfainedlie confesse that we are unprofitable servants. And, therefore, whosoever boast themselves of the merits of their owne works, or putt their trust in the works of su- pererogatioun, boast themselves in that which is nought, and putt their trust in damnable idolatrie. "16. Of the Kirk. " As we beleeve in one God, Father, Sonne, and Holie Ghost, so doe we most constantlie beleeve, that frome the beginning there hath beene, and now is, and to the end of the world sail be, a Kirk ; that is to say, a eompanie and multitude of men chosin of God, 1560. OF THE KIRK OF SCOTLAND. 27 who rightlie worship "and embrace him by true faith in Christ Jesus, who is the onhe Head of the same Kirk, which also is the bodie and spous of Christ Jesus : which Kirk is CathoHck, that is, universall, becaus it conteaneth the elect of all ages, of all realincs, natiouns, and tongues, be they of the Jewes, or be they of the Gentiles, who have communioun and societie with God the Father, and with his Sonne Christ Jesus, through the sanctificatioun of his Holie Spirit. And therefore is it called the communioun, not of profane persons, but of sancts, who, as citicens of the heavenlie Jerusalem, have the fruitioun of the most inestimable benefites ; to witt, of one God, of one Lord Jesus, one faith, and one baptisme; out of which Kirk there is neither life nor eternall felicitie. And, therefore, we utterlie abhorre the blasphemie of them that affirme, that men who live according to equitie and justice sail be saved, what religioun that ever they have professed. For as without Christ Jesus there is neither life nor salvatioun, so sail there none be participant thereof, but suche as the Father hath givin unto his Sonne Christ Jesus, and they that in time come unto him, avow his doctrine, and beleeve into him : (we comprehend the childrein with the faithfull parents.) This Kirk is invisible, knowne onlie to God, who alone knoweth whom he hath chosin ; and compre- hendeth as weill, as said is, the elect that be departed, commounlie called the kirk triumphant, as those that yitt live and fight against sinne and Satan, or sail live heerafter. "17. The Immortalitie of the Soule. " The elect departed are in peace, and rest from their labours. Not that they sleepe, and come to a certan oblivioun, as some phantasticks doe affirme ; but that they are delivered from all feare and torment, and all tentatioun to which we, and all God liis elect are subject in this life, and therefore doe beare the name of the kirk militant : as contrariwise, the reprobat and unfaithful] de- parted have anguish, torment, and paine that cannot be expressed. So that neither are the one nor the other in suche sleepe, that they feele not joy or torment, as the parable of Christ Jesus, in the IGth 28 caldeewood's historie 1560. of Luke, his words to the theefe, and thir Avords of the soules cry- ing under the altar, ' O Lord, thou art righteous and just : how long sail thou not revenge our blood upon these that dwell in the earth,' doe declare. " 18. Of the Notes by which the Time Kirk is discerned from the False, and icho sail be Judge of the Doctrine. " Becaus that Satan from the beginning hath laboured to decke his pestilent synagogue Avith the title of the Kirk of God, and hath inflammed the hearts of crueU murtherers to persecute, trouble, and molest the true Kirk and members therof ; as Cain did Abel, Is- mael Isaack, Esau Jacob, and the whole priesthood of the Jewes Christ Jesus himself, and his apostles after him, it is a thing most requisite, that the true Kirk be discerned frome the filthie syna- gogues, by cleere and perfyt notes, least we, being deceaved, re- ceave and embrace, to our owne condemnatioun, the one for the other. 'JThe notes, signes, and siu'e tokens wherby the immaculat spous of Christ Jesus is knoAvne fi'ome the horrible harlot, the kirk malignant, we affirme, are neither antiquitie, title usurped, hneall descent, place appointed, nor multitude of men approving an errour. For Cain, in age and title, Avas prefered to Abel and Seth. Je- rusalem had prerogative above all places of the earth, where also were the preests lineallie descended from Aaron. And greater number followed the scribes, Pharisees, and preests, than unfained- lie beleeved and approved Christ Jesus and his doctrine. And yitt, as we suppose, no man of sound judgement wiU graunt, that anie of the forenamed were the Kirk of God. , iThe notes, therefore, of the true Ku'k of God, we beleeve, confesse, and avow to be, Fii'st, The true preaching of the Word of God, into the which God hath reveeled liimself unto us, as the writtings of the prophets and apos- tles doe declare : Secundhe, The riglit administratioun of the sacra- ments of Christ Jesus, Avhich must be annexed unto the Word and promises of God, to scale and confirme the same in our hearts : Last, Ecclesiasticall discipline uprightlie ministered as God his Word prescribeth, Avhereby vice is repressed and vertue nourished. 15 GO. OF THE KIRK OF SCOTLAND. 29 Wheresoever, then, these former notes are seene, and of anie time continue, (be the number never so few; about two or three ;) there, without all doubt, is the true Ku-k of Christ, who, according to his promise, is in the middest of them. Not that universall, of which we have before spokin ; but particular, suche as was in Corinthus, Ga- latia, Ephesus, and other places in which the ministrie was planted by Paul, and were of himself named the Kirks of God. And suche kirks we, the inhabitants of the realme of Scotland, professors of Christ Jesus, professe our selves to have in om* citeis, touns, and places reformed. For the doctrine taught in om' kix'ks is conteaned in the wi'ittin Word of God, to witt, in the bookes of the Old and New Testament : in these bookes, we meane, which of the ancients have beene reputed canonicall, in the which we affirme, that all things necessarie to be beleeved for the salvatioun of man are ex- pressed, the interpretation wherof we confesse, neither appertean- eth to privat nor publick persoun, neither yitt to anie kirk, for anie pre-eminence or prerogative, personallie or locallie, which one hath . above another ; but apperteaneth to the Spirit of God, by the which also the Scripture was writtin. When controversic then happeneth, for the right understanding of anie place or sentence of Scripture, or for reformatioun of anie abuse within the Ku-k of God, we ought not so muche to looke what men before us have said or done, as unto that which the Holie Ghost uniformelie speeketh within the bodie of the Scriptiu'cs, and unto that wliich Christ Je- sus himself did, and commanded to be done. For this is a thing universallie graunted, that the Spirit of God, which is a spirit of unitie, is in nothing contrarious to himself. If, then, the interpreta- tion, determination, or sentence of anie doctor, kirk, or counsell, re- pugne to the plaine Word of God writtin in anie other place of Scripture, it is a thing most certane, that there is not the true un- derstanding and meaning of the Holie Ghost, although that coun- cels, realmes, and natiouns have approved, and receaved the same. For we darre not receave nor admitt anie interpretatioun which re- pugneth to anie principall point of our faith, or to anie other plaine text of Scripture, or yitt to the rule of charitie. 30 calderwood's iiistorie 1560. " 19. Tke Authoritie of the Scriptures. " As -we beleeve and confesse the Scriptiires of God sufficient to instruct and make the man of God perfyte, so doe we affirme and avow the authoritie of the same to be of God, and neither to depend of men nor angells. We affirme, therefore, that suche as alledge the same to have no other authoritie than that which it hath receaved from the kirk, to be blasphemous against God, and injm-ious to the true church, which alwayes heareth and obeyeth the voice of her owne spous and pastor, and taketh not upon her to be mastresse over the same. " 20. Of General Councels; of their Power ^ Authoritie^ and Cause of their Convocation. " As we doe not rashhe damne that Avhich godlie men assembled together in generall councell, lawfullie gathered, have propouned unto us, so, without just examination, darre we not receave what- soever is obtruded unto men under the name of generall councels. For plaine it is, as they were men, so have some of them manifest- lie erred, and that in maters of great weight and importance. vSSo farre, then, as the councel proveth the determinatioun and com- mandement that it giveth be the plaine Word of God, so soone doe we reverence and embrace the same. But if man, under the name of a councell, pretend to forge unto us new articles of our faith, to make constitutions repugning to the Word of God, then utterlie we must refuse the same, as the doctrine of devills, which draweth our soules frome the voice of our onlie God, to follow the doctrins and constitutions of men. The cans, then, why that generall councels were conveened was, neither to make anie perpetuall law which God before had not made ; neither yitt to forge new articles of our beleefe, nor to give the Word of God authoritie ; muche lesse to make that to be His word, or yitt the true interpretatioun of the same, which was not before by his holie will expressed in his Word. But the cans of councels (we meane of suche as merite the name of councels) Avas partlie for confutatioun of hereseis, and for giving 1560. OF THE KIRK OF SCOTLAND. 31 publick confessioim of their faith to the posteritie following ; which both they did by the authoritie of God's wi-ittin Word, and not by anie opinioun or prerogative, that they could not erre, by reasoun of their generall assemblie. And this we judge to have beene the cheefe caus of generall councels. The other was, for good pohcie and order, to be constituted and observed in the kirk, which, as in the hous of God, it becometh all things to be done decentlie and in order. Not that we thinke anie policie, and one order in ceremoneis, can be appointed for all ages, times, and places : for as ceremoneis, suche as men have devised, are but temporall, so may and ought they to be changed, when they rather foster superstitioun, than that they edifie the kirk vising the same. "21. Of the Sacraments. " As the fathers under the laAv, besides the veritie of the sacri- fices, had two cheefe sacraments, to witt. Circumcision and the Pass- over, the despisers and contemners wherof were not reputed of God's people, so doe Ave acknowledge and confesse, that we now, in the time of the Evangell, have two cheefe sacraments onlie, instituted by the Lord Jesus, and commanded to be used of all these that will be reputed members of his bodie ; to witt, Baptisme and the Supper, or Table of the Lord Jesus, called the Communion of his bodie and blood. And thir sacraments, as weill of Old as of New Testament, now instituted of God, not onhe to make a visi- ble difference betwixt his people and these Avho Avere Avithout his league, but also to exercise the faith of his childrein, and by par- ticipation of the same sacraments, to scale in then- hearts the assur- ance of his promise, and of that most blessed conjunctioun, unioun, and societie, which the elect have Avith their head, Christ Jesus. And thus, we utterlie damne the vanitie of them that affirme the sacraments to be nothing elles but naked and bare signes. No ; we assm-edlie beleeve, that by baptisme Ave are ingrafted in Christ Jesus, to be made partakers of his justice, by which our sinnes are covered and remitted ; and also that in the Supper, rightlic used, Christ Jesus is so joyned with us, that he becometh the verie 32 calderwood's historie • 150O. nourlshement and foode of our soules. Not that we imagine anie transubstantiatioun of bread into Christ's bodie, and of wine into his naturall blood, as the Papists have pemiciouslie taught, and damnablie beleeved; but this union and conjunctioun which we have with the bodie and blood of Christ Jesus, in the right use of the sacraments, wrought by the operatioun of the Plolie G host, who, by true faith, carieth us above all things that are visible, carnall, and eartlalie, and maketh us to feede upon the bodie and blood of Christ Jesus, which was once brokin and shed for us, which now is in heaven, and appeareth in the presence of his Father for us. And yitt, notwithstanding the farre distance of place, which is be- twixt his bodie now glorifeid in heaven, and us now mortaU in this earth, yitt we must assuredlie beleeve, that the bread which we breake is the communioun of Christ's bodie, and the cuppe which we blesse is the communioun of his blood. So that we confesse and undoubtedlie beleeve, that the faithfull, in the right use of the Lord's Table, doe so eate the bodie and drinke the blood of the Lord Jesus, that he remaineth in them, and they in him : yea, they are so made flesh of his flesh, and bone of his bones, that as the eternall Godhead hath givin to the flesh of Christ Jesus (which of the owne conditioun and nature was mortall and corruptible) life and immortalitie, so doth Christ Jesus his flesh and blood, eatin and drunkin by us, give unto us the same prerogatives. Which, albeit we confesse are neither givin unto us at that time onHe, neither yitt by the proper power and virtue of the sacrament onlie, yitt we affirme, that the faitlifuU, in the right use of the Lord's Table, have conjunctioun with Christ Jesus, as the na- turall man cannot apprehend. Yea, and farther, we aflarme, that albeit the faithfull, oppressed "svith negligence and namelie^ in- firmitie, doe not profite so muche as they would in the verie in- stant actioun of the Supper, yitt sail it after bring furth fruict, as livelie seede so win in good ground : for the Holie Spii'it, which can never be divided from the right institutioun of the Lord Jesus will not frustrate the faithfull of the fruict of that mysticall actioun, ' Conspicuous, noted. 1 1560. OF THE KIRK OF SCOTLAND. 33 But all tliir, we say, come of true faith, which apprehendeth Christ Jesus, who onlie maketh this sacrament effectuall unto us. And, therefore, whosoever slaunders us that we affirme or beleeve sa- craments to be naked and bare signes, doe injurie unto us, and speeke against the manifest truthe. But this liberallie and franke- lie we confesse, that we mak a distinctioun betwixt Christ Jesus in his eternall substance, and betwixt the elements of the sacra- mentall signes. So that we neither worship the signes in place of that which is signifeid by them, neither yitt doe we despise them as unprofitable and vaine, but doe use them with all reverence ; ex- amining ourselves dUigentlie before that so we doe, becaus we are assured by the mouth of the apostle, that suche as eate of that bread, and drinke of that cuppe, unworthilie, are guiltie of the bodie and blood of Jesus Christ. " 22. Of the right Administration of the Sacraments. " That sacraments be rightlie ministred, we judge two things re- quisite. The one, that they be ministred by lawfull ministers, whome we affirme to be onlie these that are appointed to the preach- ing of the Word, into whose mouths God hath putt some sermoun of exhortatioun, they being men lawfullie chosin therto by some kirk. The other, that they be ministred in suche elements, and suche sort, as God hath appointed, elles we affirme that they ceasse to be the right sacraments of Christ Jesus. And therefore it is that we flee the doctrine of the Papisticall kirk, in participatioun of their sacraments ; First, Becaus their ministers are no ministers of Christ Jesus, yea, (Avhich is more horrible,) they suffer weomen, whom the Holie Ghost will not suffer to teache in the congrega- tioun, to baptize ; and, Secundlie, Becaus they have so adulterated the one saci-ament and the other with their owne inventiouns, that no part of Christ's actioun abideth in the original! puritie. For oyle, salt, spittal, and suche like, in baptisme, are but men's inventiouns. Adoratioun, veneratioun, bearing through streetes and touns, and keeping of bread in boxes or boostes,^ are profanatioun of Christ's ' Chests. VOL. IL C 34 calderwood's historie 1560. sacraments, and no use of the same. For Christ Jesus said, * Tak, eat, etc. Doe yee this in remembrance of me.' By which word and charge, he sanctifeid bread and wine to the sacrament of his holie bodie and blood, to the end that the one sould be eaten, and that all sould drinke of the other ; and not that they sould be keeped to be worshipped and honoured as God, as the Papists have done heeretofore, who also committed sacriledge, stealing frome the peo- ple the one part of the sacrament, to witt, the blessed cuppe. Moreover, that the sacraments be rightlie used, it is required, that the end and cans why the sacraments wei'e instituted be understand and observed, as weill of the ministers as of the receivers. For if the opinioun be changed in the receaver, the right use ceasseth ; which is most evident by the rejectioun of the sacrifice, (as also if the teacher plainKe teache false doctrine,) which were odious and abominable before God, (albeit they were his owne ordinance,) be- caus that wicked men use them to another end than God hath or- deaned. The same affirme we of the sacraments in the Papisticall kirk, in which we affirme the whole actioun of the Lord Jesus to be adulterated, as weill in the externaU forme, as in the end and opinioun. What Christ did, and commanded to be done, is evi- dent by the evangelists, and by Sanct Paul : what the preest doeth at his altar we need not to rehearse. The end and cans of Christ's institutioun, and why the self-same sould be used, is expressed in thir words : ' Doe yee this in remembrance of me. Als oft as yee sail eate of this bread, and drinke of this cuppe, yee saU shew furth (that is, extoll, preache, magnifie, and praise) the Lord's death till he come.' But to what end, and in what opinioun, the preests say their masse, lett the word of the same, theu* owne doctrines, and wi'ittings witnesse : to witt, that they, as mediators betwixt Christ and his kii-k, doe offer unto God the Father a sacrifice propitiatorie for the sinnes of the quick and the dead. Which doctrine, as blas- phemous to Christ Jesus, and making derogatioun to the sufficien- cie of his onlie sacrifice once offered for purgation of all these that sail be sanctifeid, we utterlie abhorre, detest, and renounce. loGO. OP THE KIRK OF SCOTLAND. 35 "23. To whom Sacraments apperteane. " We confessc and acknowledge, that baptisme apperteans as Weill to the infants of the faithfull, as unto them that be of age and discretioun. And so we damne the eiTour of the Anabaptists, who denie baptisme to apperteane to childrein before they have faith and understanding. But the Supper of the Lord we confesse onHe to apperteane to suche as be of the houshold of faith, and can trie and examine themselves, as weill in their faith, as in their due tie to- ward their nighbour. Suche as eate or drinke at that holie table without faith, or being at dissensioun and divisioun with their bre- threin, doe eate unworthilie. And therefore it is that in our kirk our ministers tak publick and particular examinatioun of the know- ledo;e and conversatioun of suche as are to be admitted to the table of the Lord Jesus. "24. Oftlie Civill Magistrat. " We confesse and acknowledge impyres, kingdoms, dominions, and citeis, to be distructed and ordeaned by God : the powers and authoritie in the same, be it of emperours in their impyres, of kings in their realmes, dukes and princes in their dominions, and of other magistrats in citeis, to be God's hoHe ordinance, ordeaned for manifestatioun of his owne glorie, and for the singular profyte and commoditie of mankinde. So that whosoever goeth about to tak aAvay, or to confound the whole state of civill poKceis now long established, we affirme the same men not onlie to be enemeis to mankinde, but also wickedlie to fight against God his expressed will. We further confesse and acknowledge, that suche persons as are placed in authoritie are to be loved, honoured, feared, and holdin in most reverend estimation, becaus that they are the lieu- tenants of God, in whose sessiouns God himself doth sitt and judge, yea, even the judges and princes themselves, to whom, by God, is givin the sword, to the praise and defense of good men, and to punishe all open malefactors. Moreover, to kings, princes, rulers, and magistrats, we affirme that cheeflie, and most principaUie, the 36 calderwood's iiistorie 1560. conservatioun and purgatioun of religioun apperteanetli ; so that not onlie they are appointed for civill policie, but also for mainten- ance of true religioun, and for suppressing of idolatrie and super- stitioun whatsoever, as in • David, Josephat, Ezekias, Josias, and others highhe commended for their zeale in this case may be es- pied. "25. The Gifts freelie given to the Kirk. " Albeit that the Word truelie preached, and the sacraments righthe ministred, and discipline executed according to the Word of God, be the certan and infallible signes of the true kirk, Ave meane not, that cverie particular persoun joyned with suche companie is an elect member of Christ Jesus : for we acknowledge and confesse, that dornell, cockle, and chaffe may be sowin, grow, and in great abundance ly in the middest of the wheat. That is, the reprobat may be joyned in the societie of the elect, and may externallie use with them the benefytes of the Word and Sacraments. But suche being but temporall professors in mouth, but not in heart, doe fall backe, and continue not unto the end ; and therefore have they no fruict of Christ's death, resurrectioun, nor ascensioun. But suche as with heart unfainedlie beleeve, and with mouth boldlie confesse the Lord Jesus, as before we have said, saU most assuredlie receave thir gifts : Fu'st, In this life, remissioun of sinnes, and that by onhe faith in Clirist's blood, in so muche, that albeit sinne remaine, and continuallie abide in thir our mortaU bodeis, yitt it is not imputed unto us, but remitted, and covered with Christ's justice. Secundlie, In the generaU judgement, there sail be givin to everie man and woman resurrectioun of the flesh. For the sea saU o-ive her dead, the earth these that be therin inclosed ; yea, the Eter- nal!, our God, sail stretche out his hand on the dust, and the dead sail arise incorruptible, and that in the substance of the self-same flesli that everie man now beareth, to receave, accordino- to their works, glorie or punishement. For suche as now delite in vanitie, crueltie, filthinesse, superstitioun, or idolatrie, saU be adjudged to the fire unquenchable, in which they sail be tormented for ever, as 1560. OF THE KIRK OF SCOTLAND. 37 Weill in their owne bodeis, as in their soules, which now they give to serve the devill in all abominatioun. But suche as continue in Weill doing to the end, boldlie professing the Lord Jesus, we con- stantlie beleeve that they sail receave glorie, honour, and imraor- talitie, to raigne for ever in life everlasting with Christ Jesus, to whose glorifeid bodie all his elect sail be made like, when he sail appeare again in judgement, and sail rander up the kingdome to God his Father, who then sail be, and ever sail remaine, in all things, God, blessed for ever; to whom, with the Sonne,, and with the Holie Ghost, be all honour and glorie, now and ever. So be it. " Arise, O Lord, lett thy enemeis be confounded ; lett them flee from thy presence that hate thy godlie name. Give thy servants strenth to speeke thy words in boldnesse, and lett all nations cleave to thy true knowledge. Amen." THE CONFESSIOUN OF FAITH RATIFEID BY THE ESTATS. These articles were read in face of parliament, and ratifeid by the three estats at Edinburgh, the 17th day of Julie, 1560. The Confessioun was read publicklie, first, in audience of the Lords of the Articles. The forenamed bishops, and some other of the temporal! estate, were charged in the name of God to object, if they could, anie thing against that doctrine. Some of the ministers Avere present, standing upon their feete, readie to have answered. Whill no objectioun was made, a day was appointed for conference. The Confessioun of Faith was read, everie article by it self, and cverie man's voice required accordinglie. None of the temporall estat voted in the contrare, except the Erie of AthoU, Lord Somervell, and Lord Borthwicke. " We will beleeve," said they, " as our fathers beleeved." The Popish bishops spake nothing. The rest of the three estats approved the doctrine by their votes ; manie the rather becaus the bishops would not, nor durst say nothing in the contrare. The Erie of Marshall said, " It is long since I had some 38 caldeewood's historie 1560. favour to the tnithe ; but praised be God, I am this day fullie re- solved : for seing my lord bishops, who, for their learning, can, and for their zeale they owe to the truthe, would, as I suppose, gain- say anie thing repugning to the same, yitt speeke nothing against the doctrine propouned, I cannot but hold it the verie truthe of God, and the contrarie to be deceavable doctrine. Therefore, so farre as in me lyeth, I approve the one, and damne the other ; and doe farther aske of God, that not onlie I, but also my posteritie, may injoy the comfort of the doctrine that this day our cares have heard. Farther, I protest, if anie persons ecclesiastical! sail heerafter oppone themselves to this our Confessioun, that they have no place nor credite, considering that time of advisement being granted to them, and they having full knowledge of this our Confessioun, none is now found in lawfuU, free, and quiett parliament, to oppone themselves to that which we profssse. And, therefore, if anie of this generatioun pretend to doe it after tliis^ I protest he be reputed rather one that loveth liis owne commoditie, and the glorie of the world, than the truthe of God, and splvatioun of men's soules." TWO ACTS AGAINST THE MASSE AND THE POPE'S JURISDICTION. After the ratificatioun of the Confessioun of Faith, two acts were made. One, that no maner of person, in time coming, administrat anie of the sacraments secreetlie, or anie other way, but onlie these that are admitted, and have power to that effect ; nor say masse, nor heare masse, nor be present thereat, under the paine of confis- cation of all their goods, and j^unishing of their bodeis, at the dis- cretioun of the magistrats within whose jurisdiction suche persons happin to be apprehended, for the first fact ; banishment out of the realme for the secund fact ; and death for the thrid fact. Another, that none of the subjects sute or desire in time comming, title or right by the Bishop of Rome, or his sect, to anie thing within this realme, under the pain of baratrie ; that is to say, proscriptioun, banishment, and never to brooke honour, office, nor dignitie within 1560. OF THE KIRK OF SCOTLAND. ,'59 this realme : that the controveeners be called before the justice or his deputs, or before the Lords of the Sessioun, and be punished conforme to the lawes ; their furnishers with fynings of money : that the purchasers of their title or right, or mainteaners and de- fenders of them, sail incurre the same paines ; and that no bishop, or other prelat within this realme, use anie jurisdictioun in time to come by the said Bishop of Rome's authoritie, under the pahie for- said. These two acts and the Confessioun of Faith are extant in print, in the Acts of Parliament ratifeid and confirmed in the yeere 1567, James Erie of Murrey being regent. THE DEATH OF THE KING OF FRANCE. The estats directed to France, to the king and queene. Sir James Sandelands, Lord of Sanct Jolme, with the Acts of Parliament, to be ratifeid by them, according to the promises made by their com- missioners in the contract above mentioned. He came to France in a verie unfitt time ; for the Gwisians ruled the court, and sought the ruine of those that mislyked their governement. Whom they could not oppresse under colour of religiouu, they intended against them accusatioun of treasoun and lesemajestie. The King of Na- varre was committed to waird, the Prince of Condie adjudged to death, Montmorancy and his sister's sonnes were appointed for the slaughter. They had the names of ten thowsand in scroll, whome they purposed to vexe and oppresse one way or other. The toun of Orleance was in the meane time possessed by soiddiours. Some few courteours satt in judgement upon the lives, goods, and credite of honest men. The prison houses were filled : steeples, turrets, blocke-houses, and other places upon the walls, were, for a time, con- verted into prisons. It was determined at court, that als soone as the yce thowed, and the river of Loyr were navigable, the king sould take journey to Chinon, and the Gwisians, with some few, sould remaine, to putt in executioun the sentences of the judges. In the meane time came Sir James Sandelands to court, not so muche to seeke pardoun for anie bypast offences, as to purge his 40 calderwood's historie 1560. countriemen, and to lay the blame of the late tumults upon the Frenche. The Gwisians rebooked him sharplie, that he, being a Knight of the Holie Order/ sould have takin upon him anie mes- sage or instructions frome rebells, for that execrable religioun, which had beene latehe condemned in the Councell of Trent by the consent of all other Christian natiouns. Manie womidered that the Scots, not sufficientlie provided of munitioun or armour, and divided among themselves, durst provoke so mightie a king. Whill they were thus freating and threatning, the king was stricken sud- denlie with an aposthume in that deafe eare that never would heare the tnithe of God, when he was sitting at masse, readie to have de- parted out of Orleance immediatlie therafter : for his hous in Or- leance was brokin up, his beds, coffers, tapestrie, sent away, and his bootes putt on. There was none professing the truthe within the toun that looked not for extremitie ; for the walls and gates were, night and day, keeped by garrisouns of the Gwisians. Inno- cent men were dayhe brought in, to suffer punishement. None were suffered to depart furth but at the pleasm'e of the Duke of Gwise, the Cardinall of Loran, and then* factioun. Wlien all things were in readinesse for shedding of the blood of the innocent, the Lord beganne to work as yee see. The king was careid to a voide hous, and layed upon a palHesse, till a cannabie was sett up above liim. THE LAST PAELIAilENT A LA^VTULL PARLIAMENT. Sir James Sandelands was dismissed frome the com't of France soone after the king was stricken in his deafe eare, without anie ratificatioun of the Acts and Confessioun of Faith. The profess- ours sent him not to beg anie strenth to then- religioun, which ' Sir James Sandilands of Calder, after having resided some years at INIalta, and become a Knight of the Order of Saint John. ^\as, on accoimt of his high reputation and talents, promoted to the Mastership of the Preeeptory of Torphichen in 1543, with the title of Lord Saint John of Jerusalem. In consequence, therefore, of the eccle- siastical as well as military character of which his office partook, his secession to the Reformers was regarded by the Papists as a double apostacy. 1560. OF THE KIRK OF SCOTLAND. 41 needed not the suffrages of men, so muche roceede therein. Such offenses as fall not under the civill sword, and yit are slaunderous and offensive in the church, deserve publick repent- ance ; and of these, some are more haynous than others. Forni- catioun, drunkennesse used, swearing, cursed speaking, chiding, figliting, browling, and commoun contempt of the order of the church, breaking of the Sabboth, and suche like, ought to be in no persoun suffered. But the slaunder being knowne, the offender sould be called before the ministrie ; his crime proved, accused, re- bouked, and he comniaunded publicklie to satisfie the church : which if the offender refuse, they may proceede to cxcommunica- tiuun, as after sail be declared. If the offender appeare not, sum- mouns ought to passe to the thrid time ; and tlien, in case he ap- peare not, the church may dccernc the sentence to be pronunccd. Other, if it 1)e lesse haynous, and yit deserve admonilioun, ay wantoun and vaine words, uncomelie gestures, negligence in hear- 72 C!ALDEKW00D'.S IIISTOKIE 1561. ing the preaching, or abstainmg fi'ome tlie Lord's Table when it is ministred, suspicioun of avarice or of pride, superfliiltle or ryotous- nes In cheare or rayment ; these, we say, and suche others that of the world are not regarded, deserve adinonltioun among the mem- bers of Christ's bodle, first, secreltlie, by one or two of these that first esple the offense. Wlilch, If the persoun suspected heare, and give declaratloun of amendlment, then there needeth no farther processe. But if he contemne the admonitioun, then sould the former admonishers take to themselves two or three faithful! and honest Avitnesses, In whose presence the suspected offender sould be admonished, and the causes of their suspicioun declared. To whome. If then he give slgnificatloun of repentance, and promise of amendlment, they may cutt off all farther accusation. But and if he obstinatlle contemne both the said admonltlouns, then ought the first and secund brethreln signlfie the mater to the minister and elders in their sessioun, who ought to call the offender, and be- fore the coraplalners accuse him, as welll of the crime, as of the contempt of the admonitioun. If then he acknowledge his offense, and be willing to satisfie the brethreln before offended, and the sessioun then present, there needeth no farther publicatloun of that offense. But if he declare himself Inobedient to the sessioun, then, without delay, the nlxt Sunday ought the crime, and the order of admonitioims passed before, be publlcklie declared to the church, and the persoun (without speclficatloun of his name) be admonished to satisfie in publick that which he refused to doe in secrelt ; and that for the first. If he offer himself to the church before the nlxt Sunday, the discretloun of the minlstrle may take suche order as may satisfie, as welll the private persouns that were first offended, as the church, declaring the repentance and submlssloun of that brother that before appeared stubburne and incorrigible. But and if he abide the secund admonitioun publick, when that his name sail be expressed, and his offenses and stubburnnesse declared, then can no satlsfactloun be receaved but in publick : yea, it may not be rcccaved before he have humblle required the same of the minlstrle and sessioun of the churchy In their appointed assemblle. 1561. OF THE KIKK OF SCOTLAND. 7o If he continue stubburne, then the tlnid Sunday ought lie be charged publicklie to satisfie the clmrch for liis offense and con- tempt, under the paine of excommunicatioun, the order wherof sail after be declared. And thus a small offense or slaunder may justlie deserve excom- municatioun, by reasoun of the contempt and disobedience of the offender. If the offender shew himself penitent betweene the first admonitioun and the secund, and satisfie the ministrie of the church, and the brethrein that before Avere offended in their assemblie, then it may suffice, that the minister, at commandement of the sessioun, declare the nixt Sunday (without comparing or expressing of the persoun) his repentance or submissioun, in these, or other words : " It Avas signifeid unto you before, (dearelie beloved,) that ane certane brother (or brethrein) was noted, or, at least, suspected of some offense, whereof he being admonished by one or two, ap- peared lightlie to regarde the same; and therefore was he and his offense notifeid unto the ministrie, in their assemblie, who, ac- cording to their duetie and charge, accused him of the same. And not finding in him suche obedience as the professioun of a Chris- tiane requireth, fearing that suche offenses and stubburnnesse sould engender contempt, and infect others, they were compelled to no- tifie unto you the crime, and proceiding of the sessioun, minding to have sought the uttermost remedie, in case the offender had con- tinued obstinate. Bot seing that it hath pleased God to mollifie the heart of our brother, whose name we neede not to expresse, so that ho hath not onlie acknowledged the offense, bot also hath fullie satisfeid the brethrein that first Avere offended, and us the ministrie, and hath promised to abstaine frome all appearance of suche evill as Avherof he was suspected and admonished, we have no just cause to proceede to anie farther extremitie ; but rather to glorifie God for the submissioun of our brother, and unfainedlie ])ray unto him, that in the like case Ave, and cveric one of us, may cive the like obedience." 74 CALi>ErtWooD'a histokie 15«U. The Forme and Order of Publick Repentance. It is first to be observed, that none may be admitted to publick repentance, except that first they be admitted thereto by the ses- sioim and assemblie of the ministers and elders ; in the which they ought sharplie to be examined, what feare and terrour they have of God's judgements, what hatred of sinne, and dolour for the same, and Avhat sense and feeling they have of God's mercies ; in the Avliich if they be ignoraunt, they ought diligentlie to be in- structed. For it is but a mockage to present suche to publick re- pentance, as neither understand what sinne is, what repentance is, Avhat is grace, nor by whome is God's favour and mercie pur- chased. After, then, that the offender sail be in the assemblie in- structed, so that he hath some taste of God's judgements, bot cheefelie of God's mercies in Christ Jesus, he may be presented before the publick church, upovm a Sunday after the sermoun, and before the prayers and psalme ; and then the minister sail say : — " Beloved and deerest brethrein, Ave, by reasoun of our charge and ministrie, present before you this brother, that by infirmitie of flesh and craft of Satan hath fearefullie fallen frome the obedience of his God, by committing N. of a crime, &c., (lett the sinne be expressed,) by the which he hath not onlie offended against the Majestic of God, bot also by the same hath given great slaunder and offense to his holie congregatioun ; and, therefoi*e, doth to his owne confusioun (bot to the glorie of God, and our great comfort) present himself heere before you, to witncsse and declare his un- fained repentance, the thirst and the care he hath to be reconciled with God through Jesus Christ, and with you, his brethrein, whome he hath offended. And, therefore, it is requisite that yee and he understand Avhat assurance we have to require suche [)ub- lick satisfactioun of him, what profite we ought to learne in the same, and what profite and utilitie redoundcth to both, of this his humiliatioun. " That publick repentance is the institutioun of God, and not man's inventioun, may be plainlie gathered of the Avords of our Master, commanding, that if anio lune offended his brother, in 1561. OF THE KIKK OF SCOTLAND. 75 what sort soever it be, tliat he sail goc to hiin, and be reconciled unto his brother. If the offense committed against one brother re- quireth reconciliatioun, the offense committed against manie bre- threin requireth the same. And if a man be charged by Christ Jesus to goe to a man whome he hath offended, and there, by con- fessing of his offense, require reconciliatioun, muche more is he bound to seeke a whole multitude whome he hath offended, and before them with all humilitie require the same. For that woe Avhich our Master, Christ Jesus, pronouncetli against everie man that hath offended the least one within his church, remaineth upoun everie publick offender, untill suche time as he declare him- self wilHng to remove the same ; Avhich he can never doe, untill suche time as he lett the multitude whome he hath offended under- stand his unfained repentance. But becaus that all men of up- right judgement agree in this, that publick offenses require publick repentance, we passe to the secund head, which is. What it is that Ave have to consider, in the fall and sinne of this our brother. If we consider his fall, and sinne in him onlic, without consideratioun of ourselves, and of our owne corruptioun, we sail profite nothing : for so sail we but despise our brother, and flatter ourselves. But if we sail earnestlie consider what nature we beare, what cor- ruptioun lurketh in it, how prone and readie everie one of us is to suche, and greater impietie, then sail we, in the sinne of this our brother, accuse and condemne our owne sinnes ; in his fall, sail we consider and lament our sinfull nature ; also sail we joyne our re- pentance, teares, and prayers, with him and his, knowing that no tleshe can be justifeid before God's presence, if judgement proccid without mercie. The profite which this our brother and we have of this his humiliatioun is, that we and he may be assured, that more readie is our Lord God to receave us to mercie through Jesus Christ, his onlie Sonne, than Ave arc to crave it. It is not sinne, be it never so greevous, that sail separate us frome his fa- vour, if Ave seeke to his mercie : for as all have sinned, and are by themselves destitute of God's grace, so is He readie to shcAv mercie unto all that unfaincdlie call for the .same. Yea, He doth not onlie 7G cALDEiavooD s iiiyroKiE 1561. receave such as come, bot Pie, by the moutli of his deare Sonne, calleth upon suche as be burdenned and loadened with sinne, and solemnelie promiseth that He Avill refi'eshe them. We have, be- sides, an other commoditie, to Avitt, that if we sail heerafter fall in the like, or greater, (for we stand not by our owne power, but by grace onlie,) that we be not ashamed in this same sort to humble our selves, and confesse our offense. Now, therefore, brother, as we all praise God in this your humiliatioun, beseeching him, that it be without hypocrisie, so it becometh you earnestlie to consider of what minde, and with what heart, yee present your self heere before this assemblie. It is not your sinne that sail separate you frome your God, nor frome his mercie in Jesus Christ, if you re- pent the same ; but hypocrisie and impenitencie (which God re- move frome you and us) is no wise tolerable before his presence." The offender ought to protest before God that he is sorie for his sinne, and unfainedlie desii'eth God to be mercifull unto him, and that for the obedience of his deare Sonne, our Lord Jesus Christ. The Minister. " We can onlie see that which is without, and according to your confessioun judge, leaving the secreits of the heart to God, Avho onlie can trie and searche the same. But becaus unfained repent- ance for sinne, and simple confessioun of the same, are the meere gifts of God, we will joyne our prayers with yours, that the one and the other may be graunted to you and us. " Eternall and everliving God, Father of our Lord Jesus Christ, thou that by the mouth of thy holy prophets and apostles hath plainly pronunced, that thou desireth not the death of a sinner, bot rather that he may convert and live ; who also hath sent thy onlie Sonne, to suffer the cruell death of the crosse, not for the just, bot suche as find themselves oppressed with the burthein of sinnes, that by Him and his advocatioun they may have accesse to the tlu'one of thy grace, being assured, that before thee they sail find favour and mercie : We are assembled, O Lord, in thy presence, and that in the name of this same oiu' Lord Jesus, th}^ deare Sonne, to ac- 15G1. OF THE KIRK OF ^;COTLANT). 77 cuse before thee our sinnes, and before the feete of thy Majestie to crave mercie for the same. We most humblie beseeche thee, O Father of mercies, first that thou will touche and move oiu' hearts by the power of thy Holie Spirit, in suche sort, that we may come to a true knowledge of our sinnes. But cheefelie, O Lord, that it will please thee to move the heart of this our brother, N., &c., who, as he hath offended thy Majestic, and a great number of this thy holie congregatioun, by his greevous and public sinne, so doth he not refuse publicklie to acknowledge and confesse the same, as that this his humiliatioun, given to the glorie of thy name, presentlie doth witnesse. But becaus, O Lord, the externall confessioun, without the dolour of the heart, availeth nothing in thy presence, we most humblie beseeche thee, that thou will so effectuallie move his heart, and ours also, that he and we, without hypocrisie damning that which thy laAV pronounceth unjust, may attaine to some sense and feeling of thy mercie, which thou hath abundantlie shewed unto mankinde in Jesus Christ our Lord. Graunt, O Lord, unto this our brother, the repentance of the heart, and sincere confessioun of his mouth, to the praise of thy name, to the comfort of thy chm-ch, and to the confusioun of Satan. And to us graunt, O Lord, that albeit we cannot be altogether cleane of sinne, yit that we fall not in horrible crimes, to the dishonoiu' of thy most holie name, to the slaunder of our brethrein, and infamie of thy holie Evangell which we professe. Lett thy godlie power, O Lord, so strenthen our weaknesse, that neither the craft of Satan, nor the tyrannic of sinne, draw us utterlie frome thy obedience. Give us grace, O Lord, that, by holinesse and innocencie of life, we may declare to this wicked generatioun, what difference there is betwixt the sonnes of light and the sonnes of darknes, that men, seing our good works, may glorifie thee, and thy Sonne Jesus Christ, our onlie Saviour and Redeemer; to whome, with thee and the Holie Spirit, be all hon- our, praise, and glorie, now and ever. Amen." The prayer finished, the minister sail turne him to the penitent brother, and in full audience sail say : " Ye have heard, brother, what is your duetie toward the church IS CALDERWOODS HISTORIE 15G1. which yee have offended ; to witt, that wilHnglie yee confesse that crmie that you have committed, asking God mercie for the same, and so that yee may reconcile your self to the church which yee have offended. Yee have heard also the affection and care of the clmrch toward you, their penitent brother, notwithstanding your greevous fall; to Avit, that we all heere present joyne our sinnes with your sinne ; we all repute and esteeme your fall to be our owne ; we accuse our selves no lesse than we accuse you : now, finallie, we joyne our prayers with yours, that Ave and you may ob- taine mercie, and that by the meanes of our Lord Jesus Christ. Let us, therefore, brother, have this comfort of you, that yee Avill openlie and simplie confesse your crime, and give to us attestation of your unfained repentance." The penitent sail then openlie confesse the crime, AA'hatsoever it be, and saU desire God's mercie, and pray the church to call to God for mercie with him ; and unfainedlie desire that he may be joyned again to their societie and number. If the penitent be confounded with shame, or such a one as can- not distinctlie speeke to the comfort and instruction of the church, the minister sail make repetition, that CA'erie head may be under- stood by it self; and therefore sail aske the penitent if that be his confession, and if so he belee\'eth. His answere affirmative being receaA^ed, the minister sail aske the congi-egation if they judge anie further to be required for their satisfaction and reconciliation of that brother. No contradiction being made, the minister sail say to the penitent, " We liaA^e heard, deare brother, your confession, for the Avhich, from our hearts Ave praise God. For in it the Spirit of Jesus Christ hath confoimded the devill, and broken doun his head and poAver, in that, that yee to the glorie of God have openlie damned yourself and your impietie, imploring grace and mercie, for Chi'ist Jesus, liis Sonne's sake. This strenth, submission, and obe- dience, cannot proceed frome flesh and blood, bot is the singular gift of the Holie Ghost. AcknoAvledge, therefore, it to be given unto you by Jesus Christ our Lord. And noAv, take heed, least at any time yee be unmindfull of this great bencfite, Avhich, no 15G1. OF THE KIRK OF SCOTLAND. 79 doubt, 8111:111 doth envie, and will assaile by all nieanes possible, that you may abuse it. He will not cease to tempt you to fall againe in suclie, or crimes more horrible. But resist the dcvill, and he sail flee frome you. Live in sobrietie ; be instant in prayer ; commend yourself unfainedlie unto God, who, as he is faithfull, so sail he give to us victorie over sinne, death, and Satan, and that by the meanes of our Head, and soverane Campioun, Jesus Christ, to whom be all praise, glorie, and honour, now and ever. Amen." A71 Admonition to the Church. " It is 3^our duetie, brethrein, to tak exemple of this our penitent brother. First, that yee be unfainedlie displeased in your owne hearts for your sinnes : Secundarilie, that with this our brother yee accuse them in the sight of God, imploring grace and mcrcie for your offenses committed ; and last, if anie of you sail after this publicklie oiFend, that yee refuse not, with the like reverence, to satisfie the Church of God, offended by you. Noav onlie resteth, that yee remitt and forget all offenses which yee have conceaved heeretofore, by the sinne and fall of this our brother ; accept and embrace him as a member of Christ's bodie. Let none take upon him to reproache and. accuse him for any offenses that before this houre he hath committed. And that he may have the better as- surance of your good will and reconciliation, prostrate yourselves before God, and render him thanks for the conversion and repent- ance of this our brother." The Thanksgiving. "Heavenlie Father, fountane of all mcrcie and consolation, we confesse ourselves unworthie to be counted among thy childrein, if thou have respect to the corruption of our nature. But, seing it hath pleased thy Fatherlie goodnes, not only freelie to choose us in thy deare Sonne, our Lord Jesus Christ, by his death to redeeme us, by his Evangell to call us, and by his Holie Spirit (which both are thine) to illuminate us ; but also, that thou hath commanded the Word and holie Evangell to be preached, to the end that the 80 calderwoob's iiiSTOPji-: lo(Jl. penitent sail have an assurance of tlie remission of their slnnes, not onlie for a time, bot even so oft as men frome sorrowful heart sail call for thy grace and mercie : In consideration of this thy Fatherlie adoption, and ineffable clemencie showen upon us, we can not but praise and magnifie thy Fatherlie mercie, a testimonie whereof Ave not onlie feele in ourselves, bot also see the same evident in the conversion of this our brother, whom Satan for a time held in boun- dage, but now is set at freedome by the power of our Lord Jesus Christ, and is returned againe to the societie of thy bodie. Graunt unto VIS, Heavenlie Father, that he and we may more and more be displeased for our sinnes, and proceed in all maner of good works, to the praise of thy holie name, and edification of thy church, by Jesus Christ, our Lord, and onlie Saviour. So be it." The thanks finished, the minister sail require of the penitent, if he will be subject to the discipline of the church, in case that he after offend. Wlio, answering that he will, the minister sail say in maner of absolution : " If thou unfainedlie repent thy former iniquitie, and beleeve in the Lord Jesus, then I, in his name, pronounce and affirme that thy sinnes are forgiven, not onlie in earth, but also in heaven, according to the promises annexed with the preaching of his Word, and to the power putt in the ministrie of his church." Then sail the elders and deacons, with the ministers, (if anie be,) in name of the whole church, take the reconciled brother by the hand, and embrace him, in signe of full reconciliation. Then, after, sail the church sing the 103d Psalme, so muche as they think ex- pedient ; and so sail the assemblie with the benediction be dis- missed. The Forme of Excommunication, After that all admonition, both privat and public, be past, as be- fore is said, then must the church proceed to excommunicatioun, if the offender remaine obstinate. The Sunday, therefore, after the thrid publick admonition, the minister being before cliarged by the session or elders, sail thus signifie unto the church after sermoun ; 15()1. OF THE KIRK OF SCOTLAND. 81 "It is not unknowcn to you, witli wliat lenitic and carel'ulnesso the ministrie and the wliole church, by publick and privat admoni- tions, hath sought N., &c., to satisfie the church, and to declare liimself penitent for his greevous crimes and rebellion, by the which he hath offended God's majestic, blasphemed his holie name, and offended his church, in whome to this day we finde nothing bot stubburnnesse. We cannot, therefore, of conscience, winke any longer at the disobedience of the said N., least that his exemple in- fect and liurt others. We are compelled, therefore, in the feare of God, to give the said N. into the hands and power of the devill, to the destruction of the flesh, if that by that meane he may be broght to tlie consideration of himself, and so repent, and avoide that feare- full condemnation that sail fall on all inobedient, in the day of the Lord Jesus. And, least that anie sail thinke that we doe this of manlie presumption, without the assurance of the Scripture, yee sail shortlie heare what commandement and authoritie we have so to doe. " First, we have the commandement of our Master and Saviour, Jesus Christ, to hold suche for ethnicks and publicans as will not heare the voice of the church. But jjlaine it is, that this obstinate N. hath contemptuouslie refused all wholsorae admonitions, and therefore we, not one or two, but the whole church, must hold him as a publicane ; that is, as one cutt off frome the bodie of Christ, and unworthie of anie societie with him, or with the benefites of his chm'ch, till his new conversion, and his receaving againe. " SecundariHe, we have the command of the apostle Sanct Paul, and that fearefull sentence Avhicli he, being absent, did notwith- standing pronounce against the incest ; with his sharpe rebooke to the Corinthians, that with greater zeale and expedition they expelled not from among them that wicked man. And, if anie thinke that the offense of this forenamed obstinat is not so hainous as that of the incest, lett such understand, that mercie and favour ]nay be rather granted to anie other sinne, than to the contempt of whol- some admonitions, and of the just and lawfull ordinances of the church. For other sinnesj how hainous so ever they be, (so be it VOL. II. F 5 being in his chamber, in the Abbey, start to an halbert. Ten men were skarse able to hold him. But the clanger was betweene the Croce and the Tron. The Erie of Huntlie and Lord James came from the queene to stay the tumnlt. Bothwell and his assisters Avere commanded to keepe tlieir loodgings under paine of treasoun. But, in verle deed, either the duke had verie false servants, or elles Lord James his death was contrived not onlie at that time, but at other times. Upon a certanc day, when Lord James was upon horsebacke, readie to come to sermon, he was warned by one of the duke's servants to rcturne, and stay with the queene. What ground he had we cannot tell ; but soone after, the duke and some of the lords conveened at Glasgow. Their conclusions were keeped secreit. Upon the tenth of December, this act following was made, of the two parts and thrids of the benefices. " Apud Edinburgh, deciino Decembris, 1561. " The which day, forsameikle as the queene's Majestic, by the advice of the Lords of her Secreit Counsell, forseing the imminent troubles which apparentlie were to rise among the leiges of this realme, for maters of religioun ; to stay the same, and to evite all incommodities that might therupon ensue, intercommuned with a part of the clergie and state ecclesiasticall, with whom then rea- sonning being had, it was thought good and expedient by her High- nesse, that a General Assemblie sould be appointed the 15th of December instant, Avherto the rest of the states might have re- paired, and by advice of the whole, a reasonable overture made for staying" of appearing trouble, and quietting of the whole realme. Which conventioun being by her Majestic appointed, and sundrie dayes of counsell keeped, and the said ecclesiasticall estate oft times required that the said order might be taken, and overture made for staying of the trouble, and quietting of the countrie. Last of all, in presence of the queene's Majestic, and Lords of Counsell forsaid, and 'others of the nobilitie of this realme, compeared Johne Archbi- shop of Sanct Andrewes, Patrick Bishop of Murrey, Henrle BL-hop 166 CALDERWOOD's HISTORIE 1561. of Rosse, and Robert Bishop of Dunkelden ; and for themselves re- spective offered unto the queene's Majestic, to be content of two parts of the rents of their benefices, and the fourth part to be imployed as her Majestic thought expedient. And, becaus the certantie therof was not knowne, nor yitt what summes of money would susteane the ministrie and ministers of God's Word within this realme, neither jitt how muche was necessarie to support the queene's Majestic above her owne rents for the commoun effaires of the countrie ; therefore, it is decerned, concluded, and determined, by the queene's Majestic, and Lords of her CoimseU foresaid, and others of the no- bilitie present, that if the fourth part of the fi'uicts of the whole benefices witliin this realme may not be sufficient to susteane the ministrie within this whole realme, and support the queene's Ma- jestic, to interteane and sett ford ward the commoun eflfaires of the countrie ; failing whereof, the thrid part of the saids fruicts, or more, whill it sail be sufficient to the effijct forsaid, to be taken up yeerelie, in time comming, till a generall order be taken therin, so muche therof to be imployed to the queene's Majestic for the enter- teaning and setting fordward of the commoun cflTaires of the coun- trie, and so muche therof to the ministers, and sustentatioun of the ministrie, as may reasonablie susteane the same, at the sight and discretioun of the queene's Majestic and counsell forsaid ; and the excrescence and superplus to be assigned to the old possessors. And, to the effect that the rents and yeerelie availc of the whole benefices of this realme may be cleerelie knowne to the queene's Majestic and counsell forsaid, it is statute and ordeaned, that the whole rentall of the benefices of this realme be produced before her Grace and lords forsaid, at the times underwrittin, that is to say, of the benefices on this side of the Mounth, the 24th of Januarie nixt to come, and beyond the Mounth, the 10th of Februarie nixt therafter. And ordinar letters to be directed to the shireffs in that part to passe, charge, and require, all and sundrie archbishops, bi- shops, commendatars, abbots, pryours, on this side of the Mounth, personallie, if they can be apprehended ; and failing therof, at the said archbishops', bishops', commendators', abbots', pryours' dwelling- 1561. OF THE KIRK OF SCOTLAND. 167 places, cathedrall, Idrks, or abbeyes, and all archdeacons, deaues, chanters, subchanters, proveists, parsons, vicars, and other bene- ficed men whatsoever, their chamberlans or factors, pei'sonallie, or at their dwelling-places, or at the parish kirk where they sould remaine, to exhibite and produce before the queene's Majestic and lords forsaid, the said 24th day of Januarie nixt to come, a just and true rentall of the availes and rents of their benefices, to the efi^ect forsaid ; and to charge the prelats, and other beneficed men on the yond side of the Mounth, in maner respective forsaid, to exhibite and produce the just and true rentalls of their benefices before the queene's Majestie and the lords forsaid, the said 10th day of Feb- ruarie, to the effect forsaid ; with certificatioun to them that faile, the queene's Grace and counsell wiU proceed heerin as accordeth. And siclyke, to charge the whole superintendants, ministers, elders, and deacons of the principall touns and shires of this realme, to give in before the queene's Grace, and Lords of Counsell forsaid, the 24th day of Januarie nixt to come, a formall and sufficient roll and memorial!, what may be sufficient and reasonable to susteane the ministrie, and whole ministers of the realme, that her Majestie, and Lords of Counsell forsaid, may take order therin as accordeth : and, farther, that the queene's Majestie, and Lords of Counsell forsaid, may rypelie and digestlie weygh and consider what necessarie sup- port is required to be takin yeerelie of the fruicts of the saids be- nefices, beside her Grace's owne yeerelie rent, to interteane and sett fordward the commoun effaires of this realme, against the said 24th day of Januarie nixt to come ; that then it may be proceeded in the said mater, all parteis satisfeid, and the whole countrie and leiges therof sett at quietnesse." LETHINGTON'S AMBASSADGE to ENGLAND. William Matlane of Leithington, younger, being sent soone after the arrivall of our queene to Queene Elizabeth, returned before December. The effect of his negociation was to salute the queene in his mistresse's name ; to make knowne her good-will toward her. lt)8 calderwood's historie 1561. and minde to interteane peace and unitie. He delivered also let- ters directed fi-om oiu- nobilitie, wlierin they remembred com-teoiis- lie her former favour, requeisted her to provoke our queene to con- stant amitie by some tokins of her good affectioun ; speciallie by declaring her successour and heyre-apparent, in the nixt parlia- ment : for that woidd be the most forcible meane to bm'ie all former rancour in oblivloun, and to exhaust the fountaine of discorde in times to come. Queene Elizabeth answered, she expected another ambassadge ; that his mistresse according to her promise made, to ratifie the treatie at Leith, als soone as she returned home, and might have the ad\'ice of her nobles. She had done so. The other answered, that he was sent soone after her arrivaU, before she had medled with anie publick eifau'es : that she was busseid in receaving courteous salutatiouns of her nobles, but most of all in settling the estate of religioun : that manie of the nobilitie, name- lie, suche as dwelt in the remote parts, were not then come to com% without whose advices she could not resolve in suche a mater. The queene replyed, " What needeth new consultatioun for that to which she had alreadie bound herself by scale and sub- scriptioun ?" The other rejoyned, he had no commissioun for that bussinesse. In end, the queene said, " In regarde his mistresse hath not ratifeid the treatie, according to her promise, nor deserved anie benefite at her hands, but rather had provoked her to anger by usurping her armes, yitt she sould procure that nothing be done in prejudice of her right, but leave it free to the estats to decide betwixt her and her competitors. Successour she would declare none. For unconstant people looke commounlie to the sunne rysing, or designed successom's, and forsake the sunne setting; and designed and confirmed successours cannot conteane themselves within bounds, but animated with their OAvne hopes, or stirred up by malcontents, affected present governement. I Avill not," quoth she, " be so foolish as to hang a wynding-sheet before rayne ovrae eyes ; or to make myself a funerall feast whill I am alive." In end, the queene was drawin this farre, as to consent that some commissioners sould meete for both sides, and reforme the treatie 15&2. OF THE KIllK OF SCOTLAND. 169 after this maner : That tlie Queene of Scots absteanc frome the armes of England, and the titles of England and Ireland, during her lyfe-time, and her childrein, if she had anie ; and that neither she, nor anie of her posteritie, seeke to waiken or diminishe anie right our queene had to the crowiie of England. M.D.LXII. COMMISSION GIVIN TO RECEAVE THE RENTALS OF BENEFICES. It being ordeaned ijj December last past, that archbishops, bi- shops, abbots, and other beneficed men, their farmers and tacks- men, produce the rentall of the benefices before the queene and the lords of her counsell, commissioun was given, becaus the queene herself might not attend upon the recept of the rentals, the 24th of Januarie, to Mr James Makgill of Kankeilour Neather, Clerk of Register, Sir Johne Bellendine of Auchinnoul, knight, Justice- Clerk, the Secretar, Treasurer, Advocat, and the Laird of Pittarow, to call before them, within the burgh of Edinburgh, all and sundrie prelats and beneficed men, which were charged now personnallie, being in Edinburgh, or sail happin to repaire thither heerafter, and require of them the rentals of their benefices. Item, To wame aU superintendants, ministers, elders, deacons, to give in to them the names of the whole ministers, that her Highnesse may tak order with the benefices, according to the tenor of the first ordinance made therupon. FACTORS AND CHAMBERLANS APPOINTED TO INTROMET WITH THE FRUICTS OF THE BENEFICES. NotAvithstanding of the former ordinance and commissioun, and the waiting on of the commissioners since the 24th of Januar, yitt few produced their rentals. It was ordeaned, therefore, by the queene and lords of secreit counsell, the 12th of Februarie, that factors and chamberlans be appointed to intromett, gather, u})lift. 170 calderwood's uistorie 1562. and receave, to the queene's use, all and sundrie mailes, formes, tiends, rents, pro vents, emoluments, gaines, profites, dueteis, of whatsomever benefices, wherof the rentals were not produced con- forme to the said ordinance. And if anie rentals produced beare not the just availl, for their fraudulent dealing, to intromett with so muche of the profites and fruicts of the said benefice as were omitted : and that the producers of the rentals, and possessors of the benefices, sail never have actioun, to clame frome the tenents and occupyers more than was conteaned within the saids rentals ah'eadie produced by them. Item, That the Lords of Sessioun direct fiirth letters at the said factors' and chamberlans' instances, causing them to be answered of the fniicts of the saids benefices. AN OEDINAXCE FOR THE THEIDS. Upon the 15th of Febiniarie it being considered, that the fourth part was not sufficient for the uses above mentioned, it was de- clared, that the whole tlnrid part of all benefices of which the ren- tals are produced, sail be takin up by the person or persons which sail be nominated by her Majestic ; that the samine be employed to the use forsaid, together with the whole fruicts of the benefices wherof the rentals were not produced ; and that they beginne at the last crop, the yeere 1561, and that the thrid be takin up by the persons which sail be appointed for the uplifting therof : that this order sail continue till farther order be takin by the queene's Ma- jestic, with advice of her estats. Moreover, it was ordeaned, that annuells, mailles, dueteis, within free burrows, and other touns per- teaning to chapelreis, prebendareis, or friereis, together with the rents of friers' lands, where ever they be, setting and disponing therupon, be intrometted ^^dth by suche as her Grace sail appoint, and be imployed upon hospitals, schooles, and other godlie uses, as sail seeme most expedient to her Highnesse, with advice of her counsell. The Proveist and Bailiffes of Aberdeen, Elgine in Mur- rey, Innemesse, Glasgow, and other buiTows where friereis Avere not demolished, were ordeaned to intertaine and uphold the saids 1562. OF THE KIRK OF SCOTLAND. 171 friers' places upon the commoun good therof, and to use the same to the commoun weale and service of the said touns, till finall order was takin therin, notwithstanding anie other gift, title, or interesse, givin by the queene before to anie person, of the said places, their yards, orchards, and other pertinents. No meane was found more commodious for maintenance of the poore, of the schooles, and of colledsfes. THE MAKERS OF THE ACTS. The Lords of Secreit Gounsell, who were present at making of the forsaid acts, were these following : — James Duke of Chattele- rault, George Erie of Huntlie, Archibald Erie of Argile, William Erie Marshall, Johne Erie of Atholl, William Erie of Montrose, James Erie of Morton, Alexander Erie of Glencarne, James Com- mendatar of Sanct Andrewes, Johne Lord Areskine, the Treasurer, the Secretare, the Clerk-Register, the Justice-Clerk, and the Comptroller. The Erie of Huntlie said jesting, after making the first act to the beneficed men : " Good day, my lords of the two part !" THE MINISTERS NOT CONTENT WITH THE DIVISION OF THE BENEFICES. The ministers understood cleerelie wherat the queene and her flatterers did shoot, and therefore spaired not to utter their minde in publick. Mr Knox said openlie, " Weill, if the end of this or- der, pretended to be takin for the sustentatioun of ministers, be happie, my judgement faileth me. I am assured, the Spirit of God is not the author of it. I see two parts freelie givin to the devill, and the thrid part must be divided betwixt God and the devill. Weill," said he, " ere it be long, the devill sail have three parts of the thrids : judge, then, what God's portioun sail be." These speeches were unpleasant in the eares of manie. Secretare Leth- ington was not ashamed to affirme that the ministers being sus- 172 CALDEUWOODtS IIISTOKIE 1562. leaned, the queene would not gett at the yeere's end so muche as to buy a pah-e of new shoes. MEAJjra; STIPENDS MODIFEID TO MINISTERS. The Erie of Ai'gile, the Erie of Murrey, Morton, Lethington, the Justice-Clerk, and the Clerk-E,egister, were appointed to modifie ministers' stipends. The Laird of Pittarrow was appointed to pay them. Who would have thought, when Joseph raled Egypt, his brethren would have returned to their famileis with emptie seckes ? Least ministers sould be wanton, tlie modificators judged an hun- dreth merks sufficient to a single man, being a commoun minister. Three hundreth merks was the highest summe that was ordeaned for anie except superintendents, and some few others. The poore ministers, exhorters, and readers, compleaned at church assembleis, that neither were they able to live upon the stipends allowed, nor gett payment of that small portioun which was allowed. So faine would the comptroller have played a good varlett, and satisfeid the queene, or eUes have made up his o^vne profite. Hence arose a commoun speeche : " The good Laird of Pittarrow Avas an honest, earnest professour of the true religioun; but the devill may runne away with the comptroller, for he and his collectors are become greedie factors." When ministers compleaned, some answered dis- dainfullie, " Manie lairds have not so muche to spend." It was re- plyed, that the functioun of ministers craved bookes, quietnesse, studie, and travell, to edifie the kirk, Avhen manie lairds were wait- ing upon their Avorldlie bussinesse : the stipends of ministers, who had no trade, sould not be modifeid according to the rents of other commoun men, who might, and daylie did augment their rents by diverse meanes. They gott no other answere, but that the queene could not spaire greater summes. Oft was it cried in their eares, " O happie servants of the devill, and miserable servants of Jesus Christ, if after this life there was not a hell or a heaven ! For to the servants of the devill, to your dumbe dogges, and liorned bishops, to one of these idle belleis ten thoAvsand Avere little eneiigh. But 1562. OF THE KIRK OF SCOTLAND. 173 to the servants of God, who painfullie teach Christ's Evangell, a thowsand pund is thought to passe measure." One day, in reason- ning upon this mater, the secretar in choler said, " The ministers have this muche payed to them by yeere, but who among them gave ever the queene ' Gramercie ? " One smiled, and answered, " As- suredhe I thinke, that suche as liave receaved anie thing gratis of the queene are unthankfull if they acknowledge it not. I am as- sured ministers have receaved nothing gratis : yea, it may be called in question, whether they receave anie thing at all of the queene. The queene hath no better title to that which she usurpeth, whether in giving to others, or taking to herself, than these that crucifeid Christ had to divide his garments ; yea, not so good : for suche spoile ought to be the rewarde of suche men ; yitt the souldiours were more humane, for they parted not the garments of our Mais- ter till he was crucifeid. But the queene and her flatterers part the spoile, whill poore Christ is preaching among us. Lett the Pa- pists, who have the tAvo parts, and some the thrids free, and others who have gottin abbaceis and kirk lands in few, thanke the queene, and sing, ' Placebo Domine ;' the poore preachers will not yitt flatter for feeding of their belleis." These speeches bred no small dis- pleasure against the speaker ; but the flatterers escaped not free of punishment. THE ERLEDOM OF MURREY BESTOWED UPON LORD JAMES. The queene made Lord James Erie of Marr. But becaus the Lord Areskine claimed right to the erledome, soone after the queene bestowed upon Lord James the Erledome of Mun-ey. The Erie of Huntlie, who had injoyed the Erledome of Murrey ever since the death of James Stuart, brother to King James the Fyft, hunted for all occasions to trouble the estat of the countrie, mis- construed all the actiouns of the new made erle, and presented to the queene a libell, Avherin he charged him with aftectatioun of tyrannic, but upon so slight grounds as that the accusatioun was not regarded. The excesse of the briddell made at the solemniza- 174 calderwood's historie 1562. tion of the Erie of Miirrey's manage, upon the 8th of Februarie, offended manie of the godlie, so much the rather becaus he had hithertills behaved himself temperatlie. Then beganne the mask- ing, which continued sum yeeres after. He mareid Agnes Keith, daughter to the Erie Marshall. ARRAN RECONCILED WITH BOTHWELL : ACCUSETH HIM SOONE AFTER OF TREASOUN. The Erie of Bothwell, by the mediatioun of James Baron, burges of Edinburgh, obteaned conference with Mr Knox. They conferred first in James Baron's lodging, and after in Mr Knox his studie. The erle confessed the lewdnesse of his former life, and the wrongs he had done by the entysement of the queene regent. He con- fessed he had misbehaved himself to the Erie of Arran, and that he was willing to redeeme his favour, if it were possible : " For," said he, " if I might have my Lord AiTan's favour, I would await upon the court with a paidge, and some few servants, to spaire charges ; where as now, I am constrained for my owne safetie to susteane a number of wicked men, to the utter consumptioun of that part of my patrimonie which yitt remaineth." Mr Knox, after some pro- fessioun of Scotish kindnesse, becaus his grandfather, goodsir, and father, had served his predecessors, and some of them lost their lives under their service, counselled him to beginne at God, whose majestic he had offended ; "svith whom, if he were reconciled, he would bow the hearts of men to forgett all offences. If he con- tinued in godlinesse, he promised he sould have him at command. The erle desired him to trie if the Erie of Arran would be content to accept hun in his favours, which he promised to doe. In the time of his traveUs, the Erie BothweU persued the Laird of Ormis- ton, and tooke his sonne, Alexander Cockburne, careid him to Borthwicke, but sent him backe againe. Mr Knox was offended ; yitt upon his excuse, and declaration of his minde, he re-entered in new travells, and brought the mater so to passe, that the Laii'd of Ormeston, upon whose satisfactioun stood the greatest stay of the 1562. OF THE KIKK OF SCOTLAND. 175 agreement, referred his satisfactioun in all things to the judgements of the Erles of Arran and Murrey, to whome the said erle submit- ted himself in that heed, and therupon delivered his hand-writt. So, being convoyed by certan of his freinds to the Kirk of Feild, where the Erie of Arran loodged, and Mr Knox with him, to bearc witnesse to the agreement, as he entered in at the chamber doore, and woidd have givin these honours which freinds had appointed, the Erie of Arran went to him, embraced him, and said, " If the heart be upright, few ceremoneis may serve." Mr Gawin Hammil- toun, Abbot of Kilwinning, and the Laird of Rickerton, were the cheefe communers. Mr Knox said, " Now, my lords, God hath brought you together by the labours of simple men. I know my travells are alreadie takin in evill part : but seing I have the testi- monie of a good conscience, that what I have done I have done for the Weill of you both, and for the hurt of none, I beare the more patientlie the misreports and judgements of men. Now I leave you in peace, and desire you who are freinds to be carefull that amitie encrease." The erles embraced other, went to a window, and con- ferred together a certane space. The nixt day, the Erie Bothwell convoyed the Erie of Arran to the kirk, to heare the sermoun, wherat manic rejoiced. The Thursday nixt they dynned together. Therafter, Bothwell and Mr Gawin HammUtoun road to Kinneil to the duke. What communicatioun was amongst them was not knowne, but so farre as the Erie of Arran made knowne to the queene's Grace and the Erie of Murrey ; for, upon the foiu-th day after the recon- ciliation, the sermon being ended, the Erie of Arran came to Mr Knox his hous. Mr Knox was occupeid, as commounlie he was wont to be after sermoun, in directing of letters. In the meane time, the Erie openeth the greefe of his minde to Mr Richard Strang and Alexander Guthrie. When Mr Knox had ended, he called these three together, and said, "I am treasonablie be- trayed." With these words he beganne to weepe. " My lord, who hath betrayed you ?" said Mr Knox. " One Judas or other," said he : " I know it is but my life that is sought ; but I regarde it 17G calderwood's iiistorie 1562. not." Then said Mr Knox, " I understand not suche darke maner of specking." " Weill," said he, " I take you three to witnesse, that I reveele this to you, and I will write to the queene. An act of treasoun is layed upon me. The Erie of Bothwell hath shewed to me that he sail take the queene, and putt her in my hands, in the castell of Dumbartane ; and that he sail slay the Erie of Murrey, Lethington, and others that now misguide her, and so sail I and he rule all. I know this is devised to bring me witliin compasse of treasoun, for he will informe the queene of it. But I take you to witnesse, that here I reveele it to you ; and I will goe write incontinent to the queene's Majestic, and to my brother, the Erie of Murrey." "Did you consent to anie part?" said Mr Knox. He answered, " Nay." Then said he, " In my judgement his words cannot harme you. The performance of the fact depended upon your will. Ye say yee have disassented ; so the purpose sail van- ishe and dee of itself, unlesse yee waken it. It is not to be sup- posed that he will harme you in that which himself devised, and wherto yee Avould not consent." " O," said he, " wounder not what craft is used against me. It is treasoun to conceale treasoun." " My lord," said he, " treasoun must import consent and determina- tioun. In my judgement, it sail be more sure and honorable to relic upon your owne innocencie, and abide the unjust accusatioun of another, if anie follow therupon, as I thinke there sail not, than to accuse, speciallic after so late reconciliatioun." " I know," said the erle, " he will offer the combat to me. That will not be suffered in France ; but I will doe that which I have said." So he went to his loodging, and tooke with him Mr Richard Strang and Alexan- der Guthrie. He wrote a letter, and directed it with diligence to the queene, then resident in Falldand, and road after to Kinneill to the duke his father. From thence he directed a letter to the Erie of Murrey, writtin with his owne hand in ciphers, wherin he com- pleaned of the rigorous handling by his father and freinds. He as- sureth him that he feared his life, in case remedie were not pro- vided in time. But he stayed not upon anie remedie, but brake the chamber doore where he was enclosed, and with great paine 1562. OF THE KIRK OF SCOTLAND. 177 went to Stirline. Frome tlience he was convoyed to Halyards. He stayed till the Erie of Murrey came to hun, and convoyed him to Falkland, to the queene, who was then informed suffi- cientlie ; and, upon susplcioun conceaved, caused apprehend Mr Gawin Hammiltoun and the Erie Bothwell, who knowing no- thing of the former advertisements, Avere come to Falkland, which augmented the former suspicioun. But Mr Knox, by his letters, pro- cured all things to be used more circumspectlie. He wUled the Erie of Murrey not to give great credite to the Erie of Arran his words and inventions, for he perceaved him to be stricken with phrenesie. As he advertised, so it came to passe ; for, witliin few dayes, he imagined he had scene wonderfull signes in the heavens. He alledged he was bewitched. He would have beene in the queene's bed, and affirmed that he was her husband. Pie behaved himself so foolishlie, that his phrenesie could not be hid ; yitt Both- well and the Abbot of Kilwinning were keeped in the castell of Sanct Andre wes. When they were called before the counsell, Ar- ran constantlie affirmed that Bothwell proponed suche things wherof he advertised the queene's Grace ; but he stiffislie denyed that his father, the abbot, or his freinds, understood anie thing of that mater, or that they intended anie violence against him, and al- ledged he was inchanted so to thinke and write. The queene, highlie offended therat, committed him to prisoun, with the other two, in the castell of Sanct Andrewes. They were after convoyed to the castell of Edinburgh. James Stuart of Cardonald, called Captan James, appointed to be the erle's keeper, was eviU bruited for the evill interteanement of him in this estate. It was concluded in counsell, the 18th of Aprile, that in consideratioun of the former suspicioun and accusatioun, the duke sail rander to the queene the castell of Dumbartan. The custodie of it had beene granted to him by appointment, till the queene had lawfull issue of her owne bodie ; but will prevailed against promise, so the castell was randered to Captan Anstruther, as having power frome the queene. Thus have I related this part of the historic, as Mr Knox hath sett it doun in the Fourth Booke of his Historic. ]Mr Buchanan his VOL. n. M 178 calderwood's historie 1562. relatioun is somewhat clifFerent. He writeth that James Hepbume, Erie Bothwell, resolved to raise trouble in the countrie, that so he might fish in drumlie waters, or to attempt some flagitious crime whereby he might recover his estate. First, he preasseth to perswade the Erie of MuiTey to seeke the overthi'OAV of the Hammiltons. But, finding him to abhorre his counsell, he offered to the Hammiltons to assist to the murther of the Erie of MmTey : " For then," said he, " the queene, will she, niU she, must be enthralled as you please. The most convenient time for the murther, and conveying away of the queene, will be," said he, " when the Erie of Murray cometh fiirth with her to the hunting, in the parke of Falkland." A time was appointed for executioun. The Erie of Arran, abhorring the fact, advertised the Erie of MuiTcy by a missive. Answere was returned by the same messinger ; but the Erie of Arran being ab- sent, the letters were delivered to his father. His father, after con- sultatioun with his freinds, committeth liim to strait custodie. The erle escaped by night, came to Falkland on the morne, and dis- covered the whole mater and maner. Soone after, the Erie of Both- well and the Abbot of Kilwinning, who sould have putt the device in executioun, were apprehended at Falkland, at the queene's com- mand, and a guarde sett to keepe them. Spyes sent forth to try the feilds, reported they had scene horsemen appeare in sundrie places. AiTan was more particularlie inquired what sould have beene the maner ? The imraoderat love he careid to the queene, and sure freindship with the Erie of Mun-ey, on the one side, the care he had, out of naturall love, to exeme his father out of the number of the conspu'ators, distracted his minde. He gott no rest the night following; and the day after, Avas perceaved to be distracted in his witts. There proceeded other occasiouns as preparatives ; for where as he Avont to be weill accompaneid, his father being some- what iieedie and counselled by his freinds, allowed him but one servant to waite upon him. Bothwell was sent to the castell of Edinburgh, Arran to the castell of Sanct Andre wes. When his witts were sattled by intervalls, he sent letters to the queene, writ- tin so judiciouslie and accuratlie, that he was suspected to have 1562. OF THE KIRK OF SCOTLAND. 179 fained madnesse, to free his father frome guiltinesse. The rest he accused so constantlie, and with suche vehemencie, that when he could not prove before the counsell, by witnesses, so secreit a plott, he offered to fight the single combat with Bothwell. The dulce first wrote to the queene, and after went to her to Sanct Andrewes, whither she was then come, and requeisted that BothweU and Kil- winning might be delivered unto him upon sufficient pledges, which was refused. The queene demanded the castell of Dumbartane, which the duke ever held since he was governour, and it was at her command delivered. Thus you have the two different reports of our writters. Mr George Buchanan writeth farther, that George Erie of Hunthe, conceaving now a greater hatred against the Erie of Murrey, becaus the duke, fatlier-in-law to his sonne, was brought in danger, procured a tumult to be raised in Edinburgh, wherof we have made mentioun before ; hoping that the Erie of Murrey would nmne up frome the Abbey to stay the tumult, and that there he might easilie be cutt off in the middest of the throng. When this device succeeded not, he appointed some of his servants to ly in waite for him in the way at night, when he was to come late frome the queene to his loodging. The Erie of Murrey was advertised. Some of Huntlie's servants were deprehended in the porche at the entrie of the Abbey, armed. He is called before the queene. He alledged that some of his servants had put on their armour becaus they were to depart home, and had beene deteaned still upon some new occasioun. The excuse was accepted, but not approved. MR KNOX HIS SECUND CONFERENCE WITH THE QUEENE. The queene returned to Edinburgh, Then dancing beganne to grow hote. The queene danced excessivelie till after midnight, becaus she was advertised frome France, that persecutioun was renued, and her uncles were begunne to trouble the whole realme. Mr Knox, teaching upon these words of the secund Psalme^ " And now, understand, O yee kings," etc., taxed the ignorance and vanitie of princes, and their despite against all these in whome appeared 180 calderwood's historie 1562. hatred of vice and love of vertue. Mr Alexander Cockbume, his o'svTie scholler, was sent by the queene to bring him doun. The queene had a long harang to him upon the heads of his accusatioun : That he had spokin unreverenthe of the queene ; and had travelled to bring her in contempt and hatred of the people. He answered, " Madame, this is oft the just recompense God giveth to the stub- borne, that becaus they will not heare God specking to the com- fort of the penitent, and for amendement of the wicked, they are oft compelled to heare the false report of others, to their greater displeasure. I doubt not but it came to the eares of Herod, that our Master, Christ, called him a foxe ; but they told him not how odious a thing it was before God to murther an innocent. Madame, if the reporters had beene honest men, they would liave reported my words with all the circumstances. But becaus they want vei'tue worthie of credite in court, they must have somewhat wherewith to pleasure your Majestic, if it were but with flatterie and lees. Madame, if your owne eares had heard ; if there be in you anie sparke of the feare of God, of honestie, and wisdome, yee could not justHe have beene offended. After that I had declared the dignitie of kings and rulers, the honour wherin God hath placed them, the obedience which is due to them, being God's lieutenants, I demand- ed this questioun : ' But what accompt, alas ! sail the most part of princes make before the sujDreme Head and Judge, whose throne of authoritie so manifestUe and shameleslie they abuse, so that vio- lence and oppressioun doe occupie the throne of God heere on this earth ? For whill murtherers, blood-thristie men, oppressors and malefactors, darre be bold to present themselves before kings and princes, and the poore sancts of God are banished, what sail we say, but the devill hath takin possessioun of the throne of God, which ought to be fearefull to all wicked doers, and a refuge to the innocent oppressed ? How can it otherwise be ? for princes will not understand, they will not be learned as God commandeth ; but God's law they despise, his statuts and holie ordinances they will not understand. They are more exercised in fiddhng and flinging, than in reading and hearing of God's most blessed Word. Fid- 1562. OF THE KIRK OF SCOTLAND. 181 dlers and flatterers, which commounlie corrupt youth, are more pretious in their eyes than men of wisdome and gravitie, who by wholesome admonitioun can beate doun some part of that vanitie and pride wherin all are borne, but in princes taketh deepe roote and strenth, by wicked educatioun.' Of dauncing, Madame, I said, that albeit I found no commendatioun of it in the Scripture, and that in profane writters it is termed the gesture rather of these that are mad and phrenetick than of sober men, yitt doe I not utterlie damne it, providing, First, that the cheefe calling of these that use that exercise be not neglected for pleasure of dancing ; nixt, that they dance not as the Philistins their fatliers did, for the pleasure they take in the displeasure of God's people. If anie of these two be done, they sail receave the rcwarde of dancers, that is, hell, un- lesse they repent. So sail their mirth be turned in suddane sor- row, for God will not alwayes afflict his people, neither yitt will he alwayes winke at the tyrannic of tyranns. If anie, Madame, will say that I spake anie more, lett him presentlie accuse me." Manie that stood by bare witnesse that he recited the verie words. The queene, after she had looked about to some of the reporters, said to him, " Yom" words are sharpe eneugh, as yee have spokin them ; but they were told me after another manor. I know that my uncles and you are not of one religioun, and therefore I cannot blame you to have no good opinioun of them. But if yee heare anie thing of myself that mislyketh you, come and tell myself, and I sail heare you." " Madame," said he, " I am assured your uncles are enemeis to God, and his Sonne, Christ, and that for mainten- ance of theu' owne pompe and glorie they spaire not to spill the blood of manie innocents. As to your owne person, Madame, I sould be glade to doe all that I could to your Grace's contentment. I am called, Madame, to a publick fimctioun in the Kirk of God, and am appointed by God to rebooke tlie sinnes and vices of all persons. I am not appointed to come to everie one in particular, for the labour were infinite. If it please your Grace to frccpient the sermouns, then sould yee fullie vmderstand what I like oi- mis- lyke, als weill in your Majestic as in all others. Or if your Grace will assigne to me a certane day and hom'e, to heare the forme and 182 calderwood's historie 1562. substance of doctrine which is preached in publict, I will most gladelie awaite upon your Grace's pleasure, time, and place. But to come to waite upon your chamber doore, or elles where, and then to have no further libertie but to whisper in your Grace's eare, or to tell you what others thinke or speeke of you, neither wiU my conscience, nor the vocatioun wherunto God hath called me suffer it. For albeit I be heere now at your Grace's com- mandement, yitt can I not tell what other men will judge of me, that at this time of day am frome my booke, and waiting upon court." " Yee will alwayes," said she, " be at your booke ;" and so turned her backe. Mr Knox departed with a reasonnable merrie countenance. Some Papists being offended, said, " He is not af- frayed." He hearing, answered, " Why sould the pleasant face of a gentlewoman make me affrayed ? I have looked in the faces of manie angrie men, and yitt have not been affi-ayed out of measure." THE INTERVIEW OF THE TWO QUEENS DISAPPOINTED. This sommer, posts went frequent betwixt our and the English queene. Great bruite there was of an interview betwixt the two queens at Yorke, and some preparatioun made in both "realmes for that purpose ; but the Queene of England and her counsell be- hoved to attend upon the south parts, by reasoun of some appear- ance of warres betwixt England and France. Duke D'AwmaU caused open the English ambassader's letters, who was then lying at court ; and by his procurement, an English ship, wherin another ambassader faired, was spoiled. There being appearance of warres betwixt England and France, the queene came frome Sanct An- drewes to Edinburgh, at what time the Erie of Arran was com- mitted to waird in the castell of Edinburgh. THE ERLE OF MURREY APPREHENDETH FIFTIE THEEVES. The Erie of Murrey, in the meanc time, made a privie road to Hawick, upon the faire day, and apprehended fiftie theeves, of 1562. OF THE KIRK OF SCOTLAND. 183 which number seventeene were drowned. Others were executed in Jedburgh. Tlie cheefe were brought to Edinburgh, and suffered upon the Borrow Mure. The queene was nothing content with his prosperous interprises, but she could not be weill served without him at that time. AN AMBASSADGE FROM SWEDEN. This sommer there came an ambassader frome the King of Sweden, to propone mariage to our queene. He was lionourablie enterteaned, but the propositioun pleased her not. Had she not beene great Queene of France ? — Fy on Sweden ! wliat is it ? And yitt she refused not one farre inferiour. THE ERLE OF LENNOX AND HIS LADIE COMMITTED TO THE TOWRE. The Erie of Lennox and his ladie were committed to the Towre of London, for trafficking with Papists. The young Laird of Barr, a traveller in their bussinesse, was apprehended with some letters, wherupon arose their trouble. THE FOURTH GENERALL ASSEMBLIE. The Generall Assemblie was holdin at Edinburgh, in Mr Hen- i"ie Lane's hous, the penult day of June, where were present Mr Johne Spotswod, Superintendent of Lothiane, Mr Johne Wyne- rame, Superintendent of Fife, Mr Johne Willocke, Superintend- ent of Glasgow, Johne Areskine of Dun, Superintendent of An- gus, Mr Johne Kerswell, Superintendent of Ai'gile, together with other ministers, elders, and barons, commissioners of touns or shires. In the first sessioun for the triell of ministers, elders, and super- intendents, it Avas ordeaned that ministers sould be first tryed in their life, conversatioun, and doctrine, and, therefore, after the try- 184 calderwood's historie 1562. ell of the superintendents, the elders of everie Idrk to be charged, in God's name, to declare their conscience,, what they knew tuiching their ministers' doctrine, life, maners, diligence in executiomi of their office. If anie be accused or convicted of anie notable crime, he must be subject to the censm^e of the Kirk, and suffer punish- ment and admonitioun, as the Assemblie sail think good. Secund- lie. After the ministers, the elders of everie kirk must be tryed, if anie man have ought to lay to the charge of anie of them. Thrid- lie. The accused, whether he be minister or elder, is to be removed out of the Assemblie till his caus be tried. If he be convicted, he sail have no vote till the Assemblie receave satisfactioun. After triell takin of the whole number, then must everie super- intendent, with the ministers and elders within his diocie, expone to the Assemblie the estat of the kirks in their bounds, the offences and crimes they know, to the end some remedie may be de- vised, at least supplication made to the superiour powers for re- dresse of the same. And for avoiding confusioun, lotts are to be cast, what diocie sould first be heard, what nixt, and so furth of the rest. It was ordeaned, that if ministers be disobedient to superin- tendents, in anie thing belonging to edificatioun, that they must be subject to correctioun. It was ordeaned, that a charge sould passe frome everie superin- tendent to all ministers within their bounds, to warn then* kii-ks of the order takin, to witt, that the superintendents, ministers, elders, and deacons, doe willinglie subject themselves to discijjline ; and if anie man have anie thing to lay justlie to their charge, that they doe the same in the nixt Assemblie, wliich is to be holdin in De- cember ; and that no minister leave his flocke for comming to the said Assemblie, except he have complaints to make, or elles be compleaned upon, or, at least, be warned thereto by the superin- tendent. In the secund sessioun, holdin the last of June, it was answered by the Assemblie to INIr Alexander Gordoun, tuicliing the super- intendent ship of GalloAvay, First, That they understood not how he hath anie nominatioun or presentatioun, either by the Lords 1562. OF THE KIRK OF SCOTLAND. 185 of Secrelt Counsell or province of Galloway. Secundarllie, Albeit he had presentatioun of the Lords, yitt he had not observed the order keeped in the electioun of superintendents, and, therefore, cannot acknowledge him for anie superintendent lawfullie called, for the present. Yitt they offered their furtherance, if the kirks of Galloway sould sute, and the lords present. It was ordeaned, that letters be sent to the kirks of Galloway, to learne whether they craved anie superintendent or not, and whom they sought. He was required, before he went frome the Asserablie, to subscribe the Booke of Disciphne. It was acted, that ministers sould be subject to superintendents, as is prescribed in the Booke of DiscijDline, and forme of admis- sioun of superintendents. Secundarilie, That so manie ministers as have beene accepted of their kirks, after triell offered, and li- bertie granted to them to receave or refuse, sail remaine as lawfull ministers, unlesse after that time they have beene found criminall in life or doctrine ; and that suche as serve in the kirks without publick and free admissioun, it sail be free for the kirks to reteane or refuse them, as they be able to rander a reason wherfore they refuse. Thridlie, That all those who have not beene alreadie exa- mined, sail be examined in the presence of the superintendent, and of the best reformed kirk within his bounds, neerest the place where the minister is to be established ; providing alwise, that the judgement of the best learned who are present be sought at the examinatioun or admissioun, and that he who is so admitted sail not be removed, according to the order of the Booke of Discipline. Fourthlie, That superintendents take compt in time of their visita- tioun, what bookes everie minister hath, and how he profiteth frome time to time. In the thrid sessioun, holdin the first day of Julie, concerning the disobedience and negligence of elders in assisting ministers to correct offenses, and sometimes of the Avhole people in refusing to be subject to disciphne, it was concluded, that the minister sail diligentlie require his elders, and everie one of them, to assist him in all their lawfull meetings ; wherin, if they be found negligent. 186 calderwood's historie 1562. then sail he proceed to aclmonitiouns, according to Christ's rule ; which if they, or anie of them, obey not, then sail the minister, with so manie of the kirk as will subscrive with him, notifie the- same to the superintendent. And if he by his admonitiomis can profite nothing, that then, by his advice, the disobedients be ex- communicated; and that magistrats subject to Christ's rule be not exeemed frome the same punishment. Secundarilie, Tuiching per- sons to be nominated to kirks, that none be admitted without the nominatioun of the people, and due examinatioun and admissioun of the superintendent ; and who have beene otherwise intrused since the fiftie-eight yeere, to make supplicatioun for their provi- sioun, according to the forsaid act. In the fom-th sessioun, holdin the secund day of Julie, Mr Johne Scharp was asked, ^^^lether he would sei*ve in the Kii'k of God, where the Assemblie would place him ? He answered. He w^as con- tent to iraploy his gifts to the comfort of the Kirk ; but seing the charge of the ministrie required the preaching of the Word, and ministratloun of the Sacraments, till he atteaned to farther know- ledge he could not accept the same. The Assemblie finding him able to preache, and minister the sacraments, as he had done be- fore, charged him to re-enter to the ministrie. In this sessioun it was ordeaned, that Mr Craig sould be joyned ■with Mr Knox in the ministrie of Edinburgh ; that Mr James Greg sould assist the superintendent of Glasgow till Michaelmasse, and thereafter teache in the parishes belonging to the Lord Are- skine, till the nixt Assemblie ; that Mr George Hay, the superin- tendent of Glasgow, Mr Robert Hammilton, minister of Mauch- line and Uchiltrie, preache in the unplanted kirks of Carrick moneth- lie by course, till the nixt Assemblie ; that Mr James Pont mini- ster the Word and Sacraments till the nixt Assemblie ; that IVIr Robert Pont doe the like in Dumblane, till the nixt Assemblie. The harvest was great, and the labourers few, therefore were they driven to devise this kind of supplee and helpe. In the sixt sessioun it is ordeaned, that Mr Johne Scharpe serve in the ministrie, where the Superintendent of Lothiane sould ap- 1562. OF THE KIRK OF SCOTLAND. 187 point ; and if he refused, that the censures of the Kirk be executed against him. Mr Patrik Cockburne, Mr Thomas Hepburne, Mr David Lind- say, or elles Mr Johne Gaig, were appointed to preache in the un- planted kirks of the Merce, their moneth by course. Johne Dowglas of Pumferston, compleaning in name of the kirk of Calder, that they are defrauded diverse times of the preaching of the Word, since their miiiister wns elected Superintendent of Lo- thiane, desired the said superintendent to be restored to them againe, or some qualified minister to be provided to them. It was answered, the profite of manie kirks is to be preferred to the profite of one particular ; and that the kirk of Calder sould either be oc- cupied by himself, or by some other qualified person in his absence, which could not be otherwise helped in this raritie of the ministrie, and that they sould have compleaned, when the publick edict was sett furth twentie dayes before his admissioun. The Assemblie being informed, that Mr David Spence gave in- stitution, by vertue of the Pop's Bulls, to Mr Robert Auchim- mowtie, of the prebendrie of Ruffill, the 25th of June last bypast, ordeaned, that the Superintendents of Fife and Lothiane tak order with the forsaid persons respective, and informe the Justice-Clerk, if they find the mater cleerelie tryed, that he may call them to par- ticular dyets for breaking the queen's acts ; and that the Superin- tendent of Lothian informe the duke therof. The tenor of the supplication which was to be presented to the queen's Majestic and her counseU was read in open audience of the Assemblie, and approved, as followeth : — " To the Queen's Majestic, and her most Honorable CounseU, the Superintendents and Ministers of the Evangell of Jesus Christ within this realme, together with the Commissioners of the whole Kirks, desire grace and mercie from God, the Father of our Lord Jesus Christ, with the spirit of upright judgement. " Having in mindc that fearefuU sentence pronounced by the 188 calderwood's historie 1562. Eternal! God against the watchemen that see the sword of God's punishment approache, and doe not in plaine words forewame the people, yea, the princes and rulers, that they may repent, we can- not but signifie unto your Plighnesse and counsell, that the estate of this realme is suche for the present, that unlesse redresse and re- medie be shortlie provided, that God's hand can not long spaire in his anger to strike the head and the taile ; the inobedient prince and sinfull people. For as God is unchangable and true, so must he punishe, in these our dayes, the greevous sinnes which before, we read, he hath punished in aU ages, after he hath long called for repentance, and none is showin. And that your Grace and coun- sell may understand what be the things we deshe to be reformed, we will beginne at that which we assuredlie know to be the foun- taine and spring of all other emails that now abound in this realme ; to witt, that idol and bastard service of God, the masse. The fountaine we call it of all impietie, not onhe becaus manie tak bold- nesse to sinne by reason of that opinioun which they have con- ceaved of that idol, to witt, that by the vertue of it they gett re- missioun of then- sinnes, but also, becaus that under this colour of masse, are whoores, adulterers, drankards, blasphemers of God, contemners of his holie sacraments, and suche others manifest male- factors mainteaned and defended. For lett anie masse-sayer, or earnest mainteaner therof, be deprehended in anie of the foresaid crimes, no executioun can be had : for all is done in hatred of his religioun. And so are the wicked permitted to live wickedlie, cloked and defended by that odious idol. But suppose that the masse were occasioun of no suche evills, yitt, m itself it is so odious in God's presence that we cannot cease Avith all instance to desire the removing of the same, as weill fi'ome yourself, as from all others wathin this realme ; taking heaven and earth, yea, and our owne consciences to record, that the obstinat maintenance of that idol sail be in the end to you destructioun of soule and bodie. If your Majestic demand, why now we are more earnest than we have beene heeretofore, we answere, (our former silence no wise excused,) becaus we find us frustrated of our hope and expectatioun, which 1562, OF THE KIRK OF SCOTLAND, 189 was, that in processe of time, your Grace's heart sould have beene mollifeicl so farre, as that yee sould have heard the publick doctrine taught within this realme ; by the which our further hope and ex- pectation was, that God's holie Spirit sould have moved your heart, that you would have suffered your religioun (wliich before God is nothing but abomination and vanitie) to have been tried by the true tuichestone, the writtin Word of God ; and that your Grace finding it to have no ground nor foundatioun in the same, sould give that glorie unto God, that yee would have preferred his truthe unto your owne pre-conceaved vaine opinion, of what antiquitie that ever it hath beene ; wherof we, in a part now disappointed, can no longer keepe silence, unlesse we mak ourselves criminal! be- fore God of your blood, perishing in yom' owne iniquitie ; for we plainlie admonishe you of the dangers to come. " The secund that we require is punishment of horrible vices, suche as are adulterie, fcrnicatioun, open whordome, blasphemie, contempt of God, of his Word and sacraments, wliich, in this realme, for laike of punishment, doe even now so abound, that sinne is reputed to be no sinne. And, therefore, as that we see the signes of God's wrath now manifestlie appearing, so doe we forewame, that he will strike ere it be long, if his law, without punishment, be permitted thus manifestlie to be contemned. If anie object that punishment can not be commanded to be executed without a par- liament, we answere, that the Eternall God, in his parHament, hath pronounced death to be the punishment of adulterie and of blas- phemie ; whose acts, if yee putt not in execution, (seing that kings are but his lieutenants, having no power to give life where he com- mandeth death,) as that he will repute you and all others that fos- ter vice patrons of impietie, so will he not faile to punishe you for neglecting of his judgements. " Our thrid requeist concerneth the poore, who be of three sorts : {he poore labourers of the ground ; the poore desolate beggers, or- ,ihans, wedowes, and strangers ; and the poore ministers of Christ fesus his holie Evangell, which are all so cruellie intreated by this 190 calderwood's historie 1562. last pretended order takin for susteutatioun of ministers, that their latter miserie farre sm'mounteth the former. For now, the poore labourers of the ground are so oppressed by the crueltie of these that pay their thrid, that they, for the most part, advance upon the poore whatsoever they pay to the queene, or to anie other. As for the verie indigent and poore, to whome God commandeth a sustentatioun to be provided of the tithes, they are so despised, that it is a woimder that the sunne giveth heate and light to the earth, wiiere God's name is so frequentlie called upon, and no mer- cie (according to his commandments) shewen to his creatures. And as for the ministers, their li\dngs are so appointed, that the most part sail live a beggar's life. And all cometh of that impietie, that the idle belleis of Christ's enemeis must be fed in then* fonner delicaceis. AYe darre not conceale from your Grace and honours our conscience, which is this, that neither by the law of God, neither by anie just law of men, is anie thing due unto them who doe now exact of the poore and riche the two parts of their benefices, as they caU them. And, therefore, we most humbhe requu'e that some order be takin with them, not that they be sett up again to impire above the people of God ; for we feare that suche usm'patioun to their former estate be neither in the end pleasing to themselves, nor profitable to them that would place them in that tyrannic. If anie thinke that a competent li^dng is to be assigned unto them, we repugne not, provided that the labourers of the ground be not op- pressed, the poore be not utterlie neglected, and the ministers of the Word so sharplie intreated as they are noAV ; and, finallie, that these idle belleis who by law can crave nothing, sail confesse that they receave their sustentatioun, not of debt but of benevolence. Our humble requeast is, therefore, that some suddane order may be takin, that the poore labourers may find releefe, and that in everie parochin some portioun of the tithes may be assigned to the sus- tentation of the poore within the same ; and likcAvise, that some pubhck releefe may be provided for the poore within the burghes ; that collectors may be appointed to gather, and right sharpe compt 1562. OF THE KIRK OF SCOTLAND. 191 may be takin, als weill of their recepts as of their deliverance. The farther consideration to be had to our ministers, we in some part remitt to your wisdoms, and to their particular complaints. " Our fourth petition is for the manses, yards, and gleebes justlie apperteaning to ministers, without which it is impossible to them quietlie to serve their charges : and, therefore, we desire that order be takin therinto, Avithout delay. " Our fyft concerneth the inobedience of certan wicked persons, who not onlie trouble, and have troubled, ministers within their functiouns, but also disobey the superintendents in their visitatioun, wherof we humblie crave remedie ; which we doe, not so muche for anie feare that we or our ministers have of Papists, but for the love we beare to the commoun tranquillitie. For this we cannot hide from your Majestic and counsell, that if the Papists thinke to triumphe where they may, and doe Avhat they list, where there is not a partie able to resist them, that some will thinke that the godlie must beginne where they left, who heertofore have borne all things patientlie, in hope that law sould have bridled the wicked ; wherof if they be frustrated, (albeit that nothing is more odious to them than tumults and domesticall discords,) yitt Avill men attempt the uttermost, befoi-e that in their owne eyes they behold the hous of God demolished, which, with danger and travell, God within this realme hath erected by them. " Last, we desire that suche as receave remissioun of their thrids be compelled to susteane the ministrie within their bounds, or elles we forwarne your Grace and counsell, that we feare that the people sail reteane the whole in their hands, untUl suche time as their mi- nisters saU be sufficientlie provided. We farther desire the kirks to be repaired, according to an act sett fiirth by the Lords of Se- creit Counsell, before your Majestie's arrivall in this countrie ; that judges be appointed to heare the causes of divorcement, for the Kirk can no longer susteane that burthein, especiallie becaus there is no punishment for the offenders ; that sayers and hearers of masse, profaners of the sacraments, suche as have entered into benefices by the Pope's Bulls, and suche other transgressers of the law made 192 calderwood's historie 1562. at your Grace's amvall within this reahiie, may be severallie j)un- ished ; for elles men will thinke tliat there is no truthe in making of suche laws. Farther, we most humblie desire of your Grace and honorable counsell a reasonable answere to everie one of the heads before Avi'ittin, that the same being knowne, we may somewhat sa- tisfie suche as be greevouslie offended at manifest iniquitie now raainteaned, at oppressioun, under colom* of law, done against the poore, and at the rebellioun and disobedience of manie wicked per- sons against God's Word and holie ordinance. God, the Father of our Lord Jesus Christ, so rule your hearts, and direct your Grace and counsell's judgement, by the dytement and illumination of his Holie Spirit, that yee may answere so, that your conscience may be absolved in the presence of that righteous Judge, the Lord Jesus. And then, we doubt not but yourselves sail find felicitie ; and this poore realme, that long hath beene oppressed by wicked men, sail injoy tranquillitie and rest, with the true knowledge of God." This letter is extant in the Fourth Booke of Mr Knox his His- torie. In the Register of the Acts of the Assemblie, we find com- plaints made by ministers, exhorters, and readers, of the smalnesse of their stipend, or of not-payment of the same, becaus the thrids were givin away by the queene ; and agreement to mak supplica- tioun for manses and gleebes to ministers, repai'atioun of kirks, maintenance of schooles out of the two parts of benefices ; and in burrowes, by annuel rents, and other suche things as served before to idolatrie : for removing of idolatrie ; for punishing all vices com- manded by the law of God to be punished, not punishable by the lawes of the realme ; to witt, blasphemie of God's name, contempt of the Word and Sacraments, profanatioun of the same by suche as were not lawfuUie called to the ministratioun of the same ; perjurie, taking the name of God commounlie in vaine, breaclie of the Sab- both by keeping commoun mercats, adulterie, fornicatioun, filthie speeches. Item, To requeist the Justice-Clerk to tak order with Mr William Scot of Balwerie, for disobedience to the Superintend- ent of Fife ; and Mr James Mackverit in Boote, for disobedience 15G2. OF THE KIKK OF SCOTLAND. 193 to the Superintendent of Argile. Tuiching the actioun of divorce- ments, it was thought good, that suppHcation sould be made to the Secreit Counsell, that either they would transferre the judgement of divorcement to the Kirk and their sessiouns, or elles establishe men of good lives, knowledge, and judgement, to order the same, providing the saids lords provide how the guiltie persons divorced sail be punished. THE SUPPLICATION CENSUKED BY SOME COUETEOUES. The suppHcatioun above writtin being read in publick assemblie, was approved of aU. Some wished more sharpnesse, becaus the time so craved. But the courteours, specialhe Letliington, could not abide suche hard specking. " Who ever saw it writtin," said he, " to a prince, that ' God would strike the head and the taile ?' — that ' if the Papists did what they list, men would beginne where they left ?' But that the queene would raise up Papists and Pa- pistrie againe, and to putt that in the heads of the people, was no lesse crime than treasoun ; yea, oathes were givin, that she never meant suche a thing." It was answered, that the prophet Isay useth suche maner of specking ; a man acquainted with the court, and said to be of the king's stocke. Howsoever it was, he spake to the court, to judges, ladeis, princes, and preests. If these words oiFend you, ' men must beginne where they have left, in cace Papists doe as they doe,' we would desire you to teache us, not so muche how we saU speeke, as what we sail doe, when our ministers are beaten, our superintendents disobeyed, and a plaine rebeUion decreed against aU good order. " Compleane," said Lethington. " Whom to ?" said the other. " To the queen's Majestic," said Lethington. " How long ?" said the whole number. " Till yec get remedie," said the Justice-Clerk : " give me then- names, and I sail give you letters." " If the sheep," said one, " sail compleane to the wolfe, that the wolve's whelpes have devoured her lambes, the compleaner sail stand under danger, but the offender sail have hbertie to hunt after his prey." " Suche comparisons," said Lethington, " are un- VOL. II. N 194 oalderwood's histokie 1562. savomie ; for I am assured tlie queene will never erect nor main- teane Poperie." " Lett your assurance," said the other, " serve yourself; it cannot serve us, for her proceedings argue the con- trarie." It was concluded that the supplicatioun sould be pre- sented as it was conceaved, unlesse the secretare would frame an- other agreeable to tlie purpose. He promised to keepe the sub- stance, but said, he would use other termes. The first conceaver said, he served the Assemblie, and was contented his dytement sould be changed as best pleased them, providing he were not com- pelled to subscrive to the llatterie of suche as regarded moe the persons of men and weomen than tlie simple truthe. The suppli- cation was givin to Letliington to be reformed. He so fi-amed it, that when it was delivered to the queene by the Superintendents of Lothiane and Fife, and she had read somewhat of it, she said, " Heerc are manie faire words : I cannot tell what the hearts meane." >So faired it with his oratorio, that they were termed by the nixt name to flatterers and dissemblers ; but for that seasoun, the Assemblie receave no other answere. CORRICHIE FEILD. Soone after the Assemblie, Johne Gordoun of Finlatoure, sonne to the Erie of Huntlie, sett upon the Lord Ogilvie betwixt nyne and ten at night, in the streets of Edinburgh, and hurt him, becaus old Finlatour had resigned to Ogilvie, as appeared, the right of cer- tan lands which he was persuing by the law, and like to evict. Johne Gordoun was takin, and putt in the tolbuith ; but within few dayes brake his warde, not without the instigation of his fa- ther, as was alledged, for he was making preparatioun for the queen's comming to the north. The queene went from Stirline in the moneth of August toward the north. No good was meant to the Erie of Murrey, nor to suche as depended upon him at that time. The Hammiltons, the Gordons, the Hepburns, thristed for his over- throw. The Gwises plotted his destructioun, becaus they could not eifectuat restauratioun of Poperie, so long as he lived. They wrote 15G2. OF THE KIRK OF SCOTLAND. 195 to tlie queene, to feed Huntlie with hopes of a matehe with his sonne Johne, that so he might be wonne to be an instrument to execute her intentions ; and sent her, beside, the names of suche as they would have cutt off. The Pope egged her fordward. She sought money frome the Pope, as it were, to wage warre against those that had made defectioun from the Roman kirk, but, indeid, to sus- teane her pompe and prodigaHtie. The Pope his grant was obscure ; but the cardinal! answered plainlie, she sould laike no money to suche warres, as soone as those whose names she had receaved in row were killed. The queene shewed these letters to the Erie of Murrey, and others destinated for the slaughter, either becaus she susj)ected the plott to have beene bewrayed, or to give a shew of a sincere minde. She fained a longing desire to visite the north. She came to Aberdeen about the middest of August. She hated the Erie of Murrey for his innocencie and upinghtnesse of life ; the Erie of Huntlie, for his perfidie to her father and mother, and feared his great power in the north. But her uncles, above all things, sought the murther of the Erie of Murrey. The Ladie Huntlie, in her husband's name, renued the promises made for restauratioun of the Roman religioun. The queene accepted weill her commis- sioun ; but, said she, it cannot stand with her dignitie to be recon- ciled with her sonne Johne, except he re-enter in waird in Stirline. She thought, if the Erie of Murrey were cutt off, and Johne Gordoun of Finlatour were keeped in wairde, she needed not to be con- strained to the mariage, wherof she had onlie made some shew, for an- other end. Huntlie was willing to satisfie the queene, but loath to deliver his sonne, as it were, a pledge to the Erie of Marr, vmcle to the Erie of Murrey, speciallie being yitt uncertane how the queene would take with the slaughter of the Erie of Murrey. His sonne refused to enter. He gathered together a thowsand men, and drew them neare to Aberdeene. The Lord Gordoun came frome the Erie of Huntlie to the duke, to require him to putt to his hand in the south, as he sould doe in the north, and so Knox his crying and preaching soidd not stay them. The Bishop of Sanct Andrewes and the Abbot of Cosraguell held secreit conventions in 196 calderwood's iiistoiue 15G2. Pasley. The Bishop eaicl at open table, " The queene is gone to the north, belike, to seeke disobedience : she may, perhaps, find the thing she seeketh." WhiU the queene and the Erie of Huntlie were crafting with other, the Erie of Murrey caused keepe watche about his chamber in the night. The queene is invited by Johne Leslie, a follower of the Gordons, to come to his hous, distant twelve myle from Aberdeene. But he, not being ignorant of their secreit purpose against the Erie of Murrey, besought them not to bring suche a blott upon his hous, as to make him to be suspected guiltie of betraying the queen's brother, no eviU man, nor enemie to him. The purpose Avas delayed till they come to Strabogie. Whill the queen is passing fordward, Huntlie interceedeth for his Sonne ; the queen alledged her authoritie was impaired, unlesse he re-entered in some waird, and remained certan dayes, for her credite. Ilimtlie refused obstinatelie, either becaus he would lay the blame of the fact upon his sonne, if the queene did not approve the murther ; or, becaus, how^beit she soidd approve it, if his sonne were absent and in warde, he might be keeped as a pledge, and the other purpose would tak no effect. The queene was so offended with his obstinacie, that W'hen she was come within sight of Stra- bogie, she turned another way ; went through Strachyla to Enner- nesse. The queene pm-posed to have loodged in the casteU. Hunt- lie was captan of the casteU, and shireff in these parts. Th6 keeper of the castell, Alexander Gordoun, was charged by an he- rald to raunder it ; but it was not randered tiU the nixt day. The captan, Alexander, for liis refusall, was hanged upon the toun bridge. The Lord Gordoun and his brother Johne were, in the meane time, l}-ing in the toun, with a great number of their freinds ; but manie deserted them, namelie the Clanchattans, and came to the queene, when they understood what their pm'pose was. The barons of the countrie about resorted to her. Huntlie beganne to assemble his folkes. The whole mahce was bent against the Erie of Miu"rey, Secretar Letliingtou, and the Lau'd of PitaiTow, yitt the queene beganne to be affrayed, and caused wame Stirlinshu'e, Fife, Angus, Mernes, Strathenie, to come to Aberdeene the fyft of October, there 1562. OF THE KIRK OF SCOTL^VND. 197 to remaine the space of twentle dayes. In her returning from En- nernesse, she craved the castells of Finlatour and Auchindoun to be deHvered, which both were denyed. Huntlie is again charged, under the paine of treasoun, to deliver the saids houses. Whill Hunthe sent his servant, Mr Thomas Keir, to present the keys, in signe of some obedience, the queene had sent Captan James Stew- art his Sonne, with six score souldiours, to ly about the place of Finlatoure. Whill they were loodging in CuUen, not farre frome Finlatoure, Johne Gordoun came with a companie of horsemen, tooke the captan, and slue some of the souldiours. The queene was so incensed at this fact, committed, as she alledged, under trust, that all hope of reconciliation was past. Huntlie was charged to present himself, and his sonne Johne, before her and her counsell, within six dayes, under paine of rebellioun. The charge ivas dis- obeyed, and he denounced rebell. He was sought in the place of Strabogie, but escaped. Huntlie assembled his forces, marched to- ward Aberdeene, of purpose to tak the queene ; hoping to appease her after with flatterie, officious service, and the mariage of his Sonne, and fullie resolved to cutt off the Erie of Murrey, the cheefe lett of all his interprises, by one meane or other. George Gordoun, Erie of Sutherland, reveeled to Huntlie all the queen's purposes ; the fittest opportuniteis for executioun of his bussinesse. Letters directed frome the Erie of Sutherland and Johne Leslie were in- tercepted, and their whole purpose bewrayed. Leslie acknowledged his fault, and was pardonned. Huntlie was come to the Loche of Skync, with seven or eight hundi'eth men, the 22d of October. When he understood what had happened, he purposed to fiee to the mountaines ; but being certifeid, that the most part of those that were about the queene were his freinds, resolveth to trie the event. The Forbesses, Hayes, Lesleis, went out of the toun be- fore ten houres, putt themselves in array, but approached not to the enemie, till the Erie of Murrey and his companie were come to the feilds, about two, afternoone, howbeit they bragged they would fight without helpe, and desired him onlie to behold. Hunthe re- solved, the night before, to retire, but could not be wakened that 198 calderwood's historie 1562. morning before ten lioures. When he arose, his speeche failed him, neither could he doe anie thing right, by reason of his cor- pulencie. Some of his freinds left him. There remained onlie three hundreth men. He said to them, " This great companie which approacheth will doe vis no harme : I onlie feare the other small companie which standeth upon the hill-side. But we are a sufficient number, if God be with us." Then upon his knees he uttered these words, " O Lord, I have been a blood-thristie man, and by my moyen muche innocent blood hath beene spilt : if thou will give me "sdctorie this day, I sail sen^e thee all the dayes of my life." He confessed he Avas guiltie of the shedding of much inno- cent blood, and yitt begged power and strenth to shed more ; thinking, belike, he would satisfie God for all together ! Some were sent to keepe the passages of the water, least Huntlie sould escape. The Lesleis, Hayes, Forbesses, perceaving the Erie of Murrey, James Dowglas, Erie of Morton, and Patrik Lindsay, Master of Lindsay, to have lighted, and to be on foote, sett ford- ward against the Erie of Huntlie and his companie, who stood at Corrichie Burne ; some call it Farabanke. They fastened heather kowes to their Steele bonnets, to be a signe that they were freinds. Before they came within the shott of an arrow, they cast frome them their speares and long weapons, and fled directlie in the face of the Erie of Murrey and his companie. The Laird of Pitarrow, the Master of Lindsay, the Tutor of Pitcur, said, " No doubt, there is treasoun : lett us cast doun^ our speares to the foremost, and lett them not come in among us." So they did, for they were marching on foote, in order. The Erie of Huntlie, seing the great companie flee, said, " Our freinds are honest men ; lett us encounter the rest." Secretar Lethington willed everie man to call upon God, to remember his duetie, and not to feare the multitude. In end he concluded thus : " O Lord, thou that ruleth the heaven and the earth, looke upon thy servants whose blood this day is sought, and to man's judgement is sold and betrayed. Our refuge is now unto thee, and our hope is in thee. Judge thou, O Lord, this day be- ' Level. 1562. OF THE KIRK OF SCOTLAND. 199 twixt us and the Erie of Huutlie. If ever we have sought un- justlie his or then' destructioun and blood, lett us fall on the edge of the sword. If we be innocent, mainteane and preserve us, for thy great merceis sake." Soone after the speeking of these, or the like words, the former ranks joyned, for Huntlie's companie came with speed. They were driven backe by the Master of Lindsay, and the companeis of Fife and Angus. Some of the great com- panie returned, but gave no strokes till Huntlie's companie was driven backe ; then they strike, and committ almost all the slaugh- ter that was committed that day, to cleere themselves of suspicioun. There were killed upon Huntlie's side an hundreth and tAventie ; not one upon the other side. Huntlie, and his two sonnes, Adam and Johne, were takin. The father being old, and of short breath, becaus he was grosse and corpulent, expired in the hands of his takers. There was no wound, nor appearance of anie deadlie stroke. Becaus it was late, he was cast thwart a paire of creeles, and so was careid to Aberdeene, and w\as layed in the tolbuith. His ladie blamed her cheefe witche, Jonet, becaus she had af- firmed, he sould be that night in the tolbuith, without anie hurt in his bodie. She defended herself stoutlie, and affirmed she gave a true response, howbeit she uttered not all the truthe ; for she knew that he sould be there dead. The Erie of MuiTey sent word to the queene, and besought her humblie to conveene with them, to give thanks to God for so notable deliverance. She glowmed at the messinger, and would skarse speeke a good word, or looke with a cheerefull countenance to anie she knew favoured the Erie of Murrey, whose prosperitie was as venome to her ve- nomed heart. Albeit she caused execut Johne Gordoim, and sin- drie others, yitt was the destructioun of others sought. A wise and religious ladie, the Ladie Forbesse, beholding, the day after the discomfiture, the corps of the erle lying upon the cold stones, having upon him onlie a doublet of cannvesse, a paire of Scotish gray hose, and covered with arras workc, said, " What stabilitie sail avc judge to be in this world ! There lyeth he that yesterday in the moi'ning was holdin the wisest, richest, and man of greatest poAver 200 calderwood's historie 1562. in Scotland !" And, indeid, in men's judgements, there was not euche a subject these three hundreth yeeres within this reahne. A CONSPIKACIE REVEALED. Johne Gordoun confessed before his death manie things devised by his father, his brother, and himself. Letters were found in the erle's pocket, which discovered the traffiquing of the Erie of Suther- land and others : INIr Thomas Keu", cheefe counseUer to the um- quhile erle, reveeled what he knew. So the conspiracie was plain- lie discovered, to witt, that the Erie of MmTey, and some others, sould have beene slaine in Strabogie, and the queene takin. The queene retmned soone after, leaving the treasurer, IMr James Mak- gill, ISIv Johne Spence of Condie, and the Laird of Pitarrow, in Aberdeene, to compone for the escheats of these who were in the feilds Avith the Erie of Huntlie. The Erie of HuntHe's bodie was brought about in a boat, and layed in the Abbey of Halyrudhous without bmiall, tUl the day of his forfaltoure. LORD GORDON COMMITTED. The queene commanded the duke straitlie to apprehend lus sonne-in-law, George Lord Gordoim, if he repaired within his bounds. He apprehended him. But before he dehvered him, the Erie of Murrey interceeded for his life, which was hardlie granted. He was committed to wau'd in the casteU of Edinburgh, the 28th of November, where he remained till the 8th of Februar. At that time he was putt to an assise, and contacted of treasoun, but was committed again to the castell of Edinbm'gh, and therafter trans- ported to Dumbar casteU, where he was deteaned prisoner tiU the moneth of Auffust. THE ERLE BOTHWELL BREAICETH AVARDE. Whill the queene was in the north, the Erie Bothwell brake 1562. OP THE KIRK OF SCOTLAND. 201 waird, the 28tli of August. Some said he brake the stanchells of the window ; others whispered that he gott easier passage by the gates. Howsoever it was, the queene was little offended, and he remained in Lothiane as one not muche affrayed. MR KNOX PREACHETH IN KYLE. WhiU the queene was in the north, Mr Knox preached in Kyle and GaUoAvay. He forcAvaraed some of the nobilitie and barons of apparent dangers, and exhorted them so to order their effaires, as that they might be able to serve the authoritie, and represse the enemeis of the tmthe. A number of barons and gentlemen of Kyle, Carick, and Cunninghame, conveened at Air, and after ex- hortatioun made, and conference had, the baud following was sub- scrived : — A BAND SUBSCRIVED AT AIR. " We, whose names are under-writtin, doe promise, in the pre- sence of God, and of his Sonne, om* Lord Jesus Christ, that we and everie one of us sail and will mainteane the preaching of his holie Evangell, now of his mercie offered unto this realme ; and also wiU mainteane the ministers of the same, against all persons, power, and authoritie, that will oppone the self to tlie doctrine proponned, and by us receaved. And, further, with the same so- lemnitie we promise, that everie one of us sail assist others, yea, and the whole bodie of the professors within this realme, in all law- full and just actions against all persons. So that whosoever sail molest, hurt, or trouble anie of our bodie, sail be reputed enemie to the whole, except that the offender wiU be content to submitt him- self to the judgement of the Kirk, now established among us. And this we desire to be accepted, and favoured of the Lord Jesus, and recounted worthie of credite and honcstie in the presence of the godlie. At the burgh of Air, the ferd' day of September, the yeerc ' Fourth. 202 calderwood's historie 1562. of God 1562. Subscrived with all their hands that were there present, as followeth :" The Erie of Glencarne, Lord Boyd, Lord Uchiltrie, Failfurde, Mathew Campbell of Lowdun, knight, Alane Lord Cathcart, Cap- rinton, elder and younger, Cunlnghamheid, Rowallan, Waterston, Cragie, Lesnores, Achinharvie, Middetoun ; Mr Michael Wallace, Proveist of Air, with fortie men of the honestest of the toun, the Master of Boyd, Gathgh-th, Barr, Camell, Dreghorne, Cested, Skeldum, Wolstoun, Karsland, Forgishall, Polquharne, Stair, Barskimming, Kinzeancleuch, with a hundreth moe gentlemen ; Johne Dumbar of Blantyre, Carleton and his brother, Hakig, Kers, Kirkmichaell, Daliarbich, Corstlayes, Hopscleugh, Carbistoun, Kel- wod, Taringanoch, &c. MR KNOX AN INSTRUMENT OF GOOD ORDER IN THE SOUTH. Mr Knox went from the west to NithisdaiU and Galloway. Af- ter conference with the Master of Maxwell, a man of deepe judge- ment and great experience, upon the apparent dangers, he wrote to the Eric Bothwell at his desire, to behave himself as a peaceable subject in the places committed to his charge, for so, his breaking of warde would be the more easilie pardouned. Mr Knox wrote to the duke, and exhorted him not to hearken to the pernicious counsells of his bastard brother, the bishop, or of the Erie of Hunt- lie ; assuring him, if he did, he and his hous would come to suddan ruine. By suche meanes, the south parts were keeped in reasonable good order, howbeit the bastard bishop, and the Abbot of Cosra- guell, did what in them lay to raise trouble. They spread fearefuU bruites : sometime that the queen was takin ; sometime that she had randered herself to the Erie of Huntlie ; sometime that the Erie of Murrey and all his companie were slaine. They stirred up the Crawfurds against the E.eids, for payment of the bishop's Pasche fynes, to make a stirre in Kyle. But indifferent men favouring peace, reconciled them. 15(52. OF THE KIRK OF SCOTLAND. 203 DISPUTATION BETWEEN MR KNOX AND THE ABBOT OF COSRAGUELL. The Abbot of Cosraguell craved disputatioim with Mr Knox, which was granted, and holdin at Mynnibole' three dayes. The abbot undertooke to prove that Melchisedcck offered bread and wine. He could produce no prooffe, as in the disputatioun yitt extant may appeare. He presented himself to the pulpit ; but the voice of Mr George Hay so affrayed him, that after once he wea- ried of that exercise. LETHINGTON'S COMMISSION TO ENGLAND. Lethington was directed with ample commissioun both to the Queen of England and to the Gwisians. The mariage of the queene was in all men's mouths. Some would have Spaine, some the emperour's brother, some Robert Lord Dudley. Some unhap- pilie gessed at the Lord Darnlie. It was said that Lethington spake with Ladie Margaret Dowglas, and that Robert Melvill re- ceaved a horse from the Erie of Lennox, or his ladie, to the secre- tar's use. Howsoever it was, Mr Foullar, servant to the said erle, came with letters to the queene, and obteaned licence to the erle to come to Scotland, to doe his lawfull bussinesse. That day the licence was granted, the secretar said, " This day have I takin upon me the deadlie feid of all the Hammiltons in Scotland, and have wrought them no lesse displeasure than if I had cutted their throats." BOTHWELL DENOUNCED REBELL. The Erie Both well was charged, the 26th of November, by an herald, to re-enter in waird. He disobeyed, and was therefore ' The ancient name of Maybole. The town is still so called by the old inhabitants of the district. 204 calderwood's historie 1562. denounced rebell. Whill he was upon the seas, fairing toward France, the ship was drivin by storme of weather into England. He was deteaned, and offered to our queen, to be randered. But she answered, he was no rebell, and requested that he might have libertie to passe whither he pleased. Lethington procured this favour ; for he travelled to have freinds in everie factioun of the court, and, therefore, obteaned to him licence to passe to France. THE COURTEOURS CALL THE PREACHERS RAYLERS. The preachers declamed against avarice, oppressioun of the poore, excesse in ryotous cheere, immoderate dancing, whoordome ensuing therupon, and all other vices. The courteours stormed, and said, preaching was turned in railing. Mr Knox answered one day as followeth : — " It cometh to our eares that we are called railers ; wherat, albeit we wonder, yitt are we not ashamed, seing the most worthie servants of God before us, travelling in the same vocatioun, have beene so stained. But to you do I say, that the same God who, from the beginning, hath punished the contempt of his Word, and hath powred out his vengeance upon suche proud mockers, sail not spaire you ; yea, he sail not spaire you before the eyes of the same wicked generatioun, for pleasure wherof, yee despise all wholsome ad- monitioun. Have yee not scene one greater than anie of you, sitting presentlie where yee sitt, pyke his nailes, and pull doun his bonnet over his eyes, when idolatrie, witchcraft, murthcr, oppressioun, and suche vices were rebooked ? (He meant the Erie of Huntlie.) Was not this his commoun speeche : ' When these knaves have railed their fill, then they will hold their peace.' Have yee not heard it affirmed in his face, that God sould revenge that his blasphemie, even in the eyes of suche as were witnesses to his iniquitie ? Then was the Eric of Huntlie accused by you, and compleaned upon,' as a mainteaner of idolatrie, and a hinderance of all good order. Him hath God punished, even according to the threatnings which his and your eares have heard, and by your hands hath God exe- cuted his judgement. But what amendement can be espied in you ? 1562. OF THE KIllK OF SCOTLAND. 205 Idolaters are in rest, vertue and vertuous men are contemned, vi- tious men bold, and without feare of punishment. And yitt, Avho guide the queen and court but Protestants ? O, horrible slander to God, and his holie Evangell ! Better it were unto you plainlie to renounce Christ Jesus, tlian thus to expone his blessed Evangell to mockrie. If God punishe not you, that the same age sail behold and see your punishment, the spirit of righteous judgement guideth not me." The courteours were greatlie offended. Their favourers said, their brethrein in the court were uni'everentlie handled. " They did what they might : suche specking would cause them doe lesse : what was this, but to inflamme the hearts of the people against them ?" THE FYFT GENERALL ASSEMBLY. The Generall Assemblie conveened the 25th of December, 15G2, in Edinburgh, in the old counsel hous. TRIELL OF SUPERINTENDENTS. In the triell of superintendents, the Superintendent of Fife was delated, that he was somwhat slacke in his visitations, stayed not at kirks for ordering necessarie effaires, rauche givin to worldlie ef- faires, slacke in preaching, rash in excommunicating, sharper in making acts for payment of small tithes than became him. It was layed to the Superintendent of Angus his charge, first. That there were manic Popish preests unqualifeid, and of vitious life, admitted to be readers of kirks within his diocie. Secund, That young men were admitted rashlie to be ministers and exhorters, without that triell and examinatioun which is required in the Booke of Dis- cipline. Thrid, That gentlemen of vitious life were chosin to be elders in diverse kirks. Fourth, That sindrie ministers, under his jurisdictioun, make no residence at their kirks ; visite not the sick ; come too late upon the Lord's day, the people wearied waiting on them, and depart incontinent after sermon. Fyft, That the 206 calderwood's historie 1562, youth are not instructed. Sixt, That ministers resort not to the exercise of propheceing, according to the order sett doun in the Booke of Discipline. TRIELL OF THE EXTRIE OF MINISTERS. In the thrid sessioun it was ordeaned, according to the fourth head of the Booke of Discipline, that all persons serving in the mi- nistrie, who had not entered into their charges, according to the order appointed in the said Booke, be inhibited ; that is to say, if they have beene slanderous before in doctrine, and have not satis- feid the kirk ; if they have not been presented by the people, or a part thereof, to the superintendent, and he, after examinatioun and trieU, hath not appointed unto them their charges : and that this act have strenth, als weiU against those who are called Bishops as others ; and ordeaneth the same to be promulgat by the superin- tendents, in their dioceis, and where there are no superintendents, by commissioners sent from the Assemblie ; the copie thereof to be afl&xed upon the principall kirk doores. And if anie persoun, after inhibitioun made, contemptuouslie continue in his ministrie, the As- semblie ordeaned to proceed against him by censures to excommu- nication, uulesse by his letters to the commissioners or nixt super- intendent, he give signification of his obedience, and promise to ac- cept the same charge, according as they saU command him. And in that case, the Assemblie decerneth, that with Hbertie and fi-ee- dome of conscience, and vnthout danger of the former paine, he may continue in his ministrie to the nixt Assemblie, at which time it is ordeaned, that they present themselves before the Assemblie ; and that this act comprehend all exliorters and readers. LEETS FOR A SUPERINTENDENT TO THE NORTH. Becaus it was compleaned, that the north countrie, for the most part, was destitute of ministers, and that the order of electioim and admissioun of the Superintendent of Aberdeene was not putt in 15G2. OF THE KIRK OF SCOTLAND. 207 execution, the Assemblie appointed Mr George Hay, Mr Johnc Row, and Adam Heriot, to be proponed in leetes to the said kirk, and edicts to passe furth Avith all expeditioun ; and committed the charge of inaugiu-ation of the person elected to the Superintend- ents of Fife and Angus, and suche learned men as they sail choose. The kirk of Old Aberdeene was appointed to be the place of ad- missioun. In cace either Mr Johne Row or Adam Heriot sail be elected, the Assemblie nominated Mr James Wilkie, Patrik Cor- ston, and Robert Hammilton, to be propouned in leets to the kirks destituted of their ministrie. LEETS FOR A SUPERINTENDENT TO GALLOWAY, &C. For planting of kirks in the shirefdoms of Dumfreis, Galloway, and Nithisdaill, and the rest of the west dails, the Assemblie no- minated in leets for the superintendentship, Mr Alexander Gor- doun, intituled Bishop of Galloway, and Mr Robert Pont, minister of Dunkelden ; ordeaned edicts to be sett furth for the admissioun, upon the last Lord's day of Aprile, and appointed the Superintend- ent of Glasgow, Mr Knox, minister of Edinbm'gh, Mr Robert Ham- milton, minister of Uchiltrie and Mauchline, and other learned men, to be present at the inauguration of the person elected ; the place of admissioun to be the parish kirk of Dumfreis. In the mean time, the Assemblie giveth commissioun to Mr Alexander to admitt ministers, exhorters, and readers, and to doe suche other things as were before accustomed in planting kirks. Heere we may see, that the bishops converted from Poprie were not suffered to exerce jurisdictioun ecclesiasticall, by virtue of their episcoj)all office. PAUL METHVEN, SLANDERED FOR ADULTERIE, TO BE TRIED. In the fourth sessioun, commissioun was givin to Mr Knox to go to Jedburgh, and to tak triell, upon the 3d of Januar nixt to come, of the slaunder raised against Paul Methven, late minister of the said burgh ; and after triell to report to the sessioun, or con- 208 calderwood's historie 15G2. sistorie of the kirk of Edinbm-gh, to whom, with tlie Superintend- ent of Lothiane, the Assemblie giveth power to decerne and pro- nounce sentence. ACTS FOR SUPERINTENDENTS. This Assemblie giveth power to everie superintendent within their owne bounds, in their sjniodall assembleis, with consent of the most part of the elders and ministers, to translate ministers frome one kirk to another, as they sail consider the necessitie. Ministers were commanded to obey the superintendent, tuiching their trans- lating. It was ordeaned, that supenntendents indict their syno- dall conventions twise in the yeere, to be holdin at suche dayes, in Aprile and October, as the superintendent sail think good; and that they give sufficient advertisement to the particular kirks, that the minister, with an elder or deacoun, may repaire to the place appointed by the superintendents, at the dayes appointed, to con- sult upon the commoun affaires of their dioceis. COaiMISSIONS. In the fyft sessioun, commissioun was givin to the Superintend- ents of Angus, Lothiane, Glasgow, Fife, and David Foresse, to travell with the Lords of the Secreit Counsell, to know what causes sail come to the judgement of the kirk, and what order sail be takin therin, for executioim. Item, To travell for discharging of mercats holdin upon the Lord's day. Item, Commissioun givin to make supplication, both by word and writt, to the queen's Majestic, for support of the poore. NOMmATION OF SUPERINTENDENTS. Notwithstanding of the nominatioun of superintendents for Aber- deene, Bamf, Jedbm-gh, and Dumfreis, the Assemblie remitted far- ther advisement and nominatioun of the persons to the Lords of 1 1562. OF THE KIKK OF SCOTLAND. 209 the Secreit Couusell, providing the dayes appointed lor adraissioun be not altered. ACTS. It was ordeaned, that an uniforme order sould be keeped in mi- nistratioun of the sacraments, solemnizatioun of mariages, and bu- riall of the dead, according to the Booke of Geneva. Item, That the communioun be ministred foure times in the yeere, within the burrowes, and twise in the yeere in countrie parishes. The super- intendents were appointed to confer with the Lords of the Secreit Counsell, tuiching the charges to be bestowed upon the elements at the Lord's Supper. Item, That no minister, or others bearing office within the Kirk, tak in hand to cognosce, and decide in ac- tions of divorcement, except superintendents, and these to whom they sail give speciall comraissioun, for speciall persons. COMPLAINTS, In this Assemblie complaints were made, that ministers wanted stipends, or had verie small. The Comptroller, Justice- Clerk, and Clerk-Register promised, where the thrids were remitted to the possessors, and the queen's Majestic, to caus charge the principall intrometters, and possessors of the tithes, to pay the ministers' sti- pends. It was compleaned, that manses were deteaned by parsons or vicars, or sett in few to gentlemen. The Clerk of Register and Justice-Clerk desired the superintendents to informe the clerk of the rentals where these manses lay, that they might be assigned to the queen's thrid part, and that so the ministers might come to the possessioun of them. It was compleaned, that idolatrie Avas erected in sindrie places. Some thought good, a supplicatioun sould be presented to the queene ; others demanded, what answere was returned to the last : the presenter, the Superintendent of Lo- thiane, said, " None." The queen's supposts, as some of them were ever there, excused the mater by the troubles of the north ; but VOL. II. O 210 calderwood's historie 1563. putt them in hope, that betwixt the nixt parliament, suche order sould be takin as sould content honest men. Her and their prac- tise was to drive time. M.D.LXIII. PAUL jyiETHVEN EXCOMMUNICATED. The triell of Paul Methven was verie difficill. His servant wo- man left his hous betwixt termes, had borne a childe, and alledged that she was suppressed by night. He would have purged himself in pubhck ; but it was refused, becaus his accusers offered to prove by witnesses. Some of the witnesses affirmed, that they did see, others, that they heard them in the act. The sight of the place augmented the suspicioun. The most vehement presim^iptiouu arose of this, that, in absence of his wife, who was gone to Dun- die, he lay nightlie in the hous, without anie companie but a cliilde of seven or eight yeeres. The gentlewoman's brother came to the toun, ignorant of then- proceedings. He was produced by the ac- cusers, as one who was privie to the fact ; for he convoyed the wo- man away, he caused the childe to be baptized, as if it had beene his owne ; he caried frequent messages, money, and clothes, from him to her. Wlien Paul perceaved this man produced as %vitnesse, he mthdrew liimself and left the toun. And, indeid, the man made the mater cleere. The commissioners returned to Edinburgh, and informed the sessioun. He is summoned publickhe, to heare the sentence pronounced ; but he, not compeering, in the end, for his coutumacie and crime, was excommunicated, and deprived of all functioun within the Kirk of Scotland, and so left the realme. How manie of the Popish rable have beene, and yitt remaine knowne whoormongers, adulterers, violaters of vh'gins, yea, and committers of suche abominatioun as we will not name, and yitt are called and acknowledged bishops, archbishops, cardinals, and pops I 1563. OF THE KIRK OF SCOTLAND. 211 CHATTELAT BEHEADED. Danvill, sonne to Annas Montmorancie, Constable of France, could hardlle be drawin home from our queene, when his father sent for him. At lenth, being constrained to returne home, left behind him a broker betwixt him and the queene, Monsieur Chat- telat, nephew to the famous knight, Pierr Tertal, by his daughter. But he laboured to conquishe her affection to himself. He passed all others in credite. At a purpose dance, whereat men and weo- men talke secreitlie, the queene choosed Chattelat. All this win- ter, skairse could anie of the nobilitie have accesse to her aire or late, becaus she was in the cabinet with Chattelat. She would ly upon his shoulder, and sometime privilie Steele a kisse offhis necke. Upon a night, he convoyed himself privilie under her bed ; but be- ing espied, was commanded to goe furth. The bruite rysing, the queene requested the Erie of Murrey, as he loved her, to slay Chattelat, and never lett him speeke a word. At the first he pro- mised ; but, after remembring what a crime it was to putt to death, without order of justice, fell upon his knees before the queene, and said, " Madame, I beseech your Grace, caus me not take the blood of this man upon me. Your Grace hath interteaned him so fami- liarlie before, that yee have offended all the nobilitie. If he be slaine secreitlie at your commandement, what will the world judge of it ? I sail present him to justice, and lett him suffer by law, ac- cording to his deserts." " O," said the queene, " yee will never lett him speeke." " I sail doe," said he, " Madame, what lyeth in me to save your honour." Poore Chattelat was convoyed to Sanct Andrewes, putt to an assise, and beheaded, the 22d of Februar, 1563. He craved licence to write to France the caus of his death, which, said he, was " Poure estre trouve en lieu trop suspect ;" that is, for being found in a place too muche suspect. At the place of executioun he granted, that for his declynning frome the truthe, and following vanitie and impietie, he was now justlie punished. 212 calderwood's historie 1563. He made a godlie confessioim. In end, he concluded vrith these words, " O, cruell dame !" MASSE AT EASTER LN SENDRIE TLACES. The Papists erected the idol of the masse at Easter in diverse places. The Bishop of Sanct Andre wes, the Pry our of Quhitterne, and some others of that factioun, would avow it. Some preests in the west countrie were apprehended. Intimatioun was made to the Abbot of Cosraguell, the Parson of Donquhare, and others, that the punishment which God appointed for idolaters sail be exe- cuted without stay upon complaint to the queene or counsell, wheresoever they sail be apprehended. The queene fi-etted at suche freedome of speeche. THE THRID CONFERENCE BETWEEN THE QUEENE AND SIR KNOX. Where force failed, the queene used craft. She sent for Mr Knox, to come to her to Lochlevin. She travelled with hun two houres before supper, to be an instrument to perswade the people, speciallie the gentlemen of the west, not to putt hands in anie man for the exercise of their rehgioun. He willed her Grace to punishe malefactors according to the lawes, and promised quietnesse upon the part of the pi'ofessoiu's. " But if your Majestic Avould delude the lawes, I feare," said he, " the Papists sail understand, that without due pimishment they wiU not be suffered so manifesthe to offend God's Majestic." " WiU yee," said she, " avow, that they sail take my sword in their hands ?" " The SAvord of justice," said he, " Madame, is God's, and is givin to princes and riders for one end ; which, if they transgresse, spau-ing the wicked, and oppress- ing the innocent, those who, in the feare of God, execute judge- ment, where God hath commanded, offend not God, although kmgs doe it not ; nor yitt sinne they, who bridle kings frome slaying in- nocent men in their rage. Samwell feared not to slay Agag, the fatt and delicate king of Amaleck, whome King Saul had saved. 1563. OF THE KIRK OF SCOTLAND. 213 Elias spaired not Jesabel's false prophets, nor Baal's preests, albeit King Acliab was present. Phinehas was no magistrat; yitt feared he not to strike Zhnri and Cosbie, in the verie act of their filthie fomicatioun. So, Madam, your Grace may see, that others than cheefe magistrats may lawfullie pxmishe, and have punished, the vices and crimes wliich God hath commanded to be punished ; for power by Act of Parliament is givin to all judges, within their bounds to searche masse-mungers, and hearers of masse, and to punishe them according to the laAves. Therefore, it Is expedient that your Majestic consider, what is the thing your Grace's subjects looke to receave of your Majestic, and what yee ought to doe to them, by mutuall contract. They are bound to obey you, but in God : yee are bound to keepe the laws unto them. Yee crave of them service ; they crave of you protectioun, and defence against evill doers. Now, Madame, if yee sail denie your duetle to them, which speclallie craveth that yee punishe malefactors, thinke yee to receave fuU obedience of them ? I feare, Madame, yee sail not." Heerewith she, being somwhat offended, went to her supper. He infonned the Erie of Murrey of the whole conference, and so de- parted, of purpose to have returned to Edinburgh, without anie farther communicatioun with the queene. But before the sunne rysing, upon the morne, was he commanded by two directed to him, not to depart whill he spake with the queen's Majestic. Mr Knox mett the queene at the Hauking-hill, by west Kinros, the day folloAving. She dissembled her anger, and told him how that the Lord Ruthven had offered her a rmg : " But," said she, " I cannot love him, for I know he useth enchantment ; and yitt, he is one of my privie counsell." " Whome doth yom- Grace blame ?" said he. " Lethington," said she. " That man is absent," said he, " for the present, Madame, and, therefore, I will speeke nothing in that behalfe." Then she fell to speeke of the admis- sioun of the Superintendent of Durafreis. " I heare," said she, " the Bishop of Athens would be superintendent." " He is one," said the other, " Madame, who is putt in electioun." " If yee knew him," said she, " als weill as I doe, yee would never promo ve 214 calderwood's historie 15G3. him to anie office in your Kirk." " What he hath beene, Madame," said he, " I neither know, nor doe inquire ; for what could we doe in time of darknesse but grop, and goe wrong ? If he be not now one fearing God, he deceaveth manie moe than me. And yitt, I am assured, Madame, that God will not suiFer his Ku-k to be so farre deceaved, as that an unworthie man sail be elected, where there is free electioun, and the Spirit of God earnesthe incalled upon." " Weill," said she, " doe as yee will Tthat man is a^dan- gerous man." She was not deceaved ; for he had corrupted the most part of the gentlemen, not onlie to nominate him, but also to choose him. Mr Knox, therefore, being commissioner, delayed the electioun, and left Mr Robert Pont, with the Master of Maxwell, for better triell of his doctrine and conversatioun. The bishop was verie famihar at that time with Mr Knox, and eate often at his table, but was frustrated of his purpose at this time. Mr Knox being wilHng to tak his leave of the queene, she said, " I have one of the greatest maters that have tuiched me since I came in the realme to open up unto you, and must have your helpe." She confessed, her sister, the Ladie Argile, was not so circumspect in everie thing as she wished ; " yitt," said she, " her husband faileth in manie things." " I brought them to concord," said he, " that her freinds were frillie content ; and she promised before them, she sould never compleane to anie creature, till I sould first be made acquaint with the querell, either out of her owne mouth, or by an assm'cd messinger." " Weill," said she, " it is worse than yee beleeve. Doe this muche for my sake, as once againe to reconcile them, and if she behave not herself as becometh, she shall find no favour of me : but in no case lett my lord know that I employed you. As for our conference yesternight, I sail doe as yee have required. I sail caus summoun all offenders, and yee sail know that I sail minister justice." " I am assured, then," said he, " that yee sail please God, and injoy rest and tranquillitie within your realme, which is of greater use to your Majestic than all the Pop's power can be." But she meant no suche mater. Thus they parted. Mr Knox, according to Ids purpose, in his journey 1563. OF THE KIRK OF SCOTLAND. 215 to Dumfreis, he directed a letter from Glasgow to the Erie of Ar- gile, wherin he exhorted hun to beare with the imperfections of his wife, seing he was not able to convince her of anie crime since the last reconciliatioun, and not to denie her due benevolence. This letter was not weiU accepted. LETTERS FROM QUEENE MARIE TO THE COUNCELL OF TRENT. Upon the 10th of May, the Cardinall of Lorane exhibite to the Councell of Trent letters directed from our queene. She submitted herself to the councell, and promised to bring both England and Scotland under subjectioun to the Apostolick See, how soone she sould be promoved to the crowne of England. The Cardinall of Lorane excused her not sending of prelats or oratours to the coun- cell, becaus all were hereticks in her countrie ; yitt he promised, in her name, that she sould never declyne from the Roman religioun. The synod gave thanks ; but some jested at that officiousnesse, as proceeding rather from a privat person nor from a prince, becaus there was not so muche as one of her Catholick subjects sent. Others deemed the letters to have beene begged, becaus none were sent. MASSE-MUNGERS COMMITTED TO WAIRD. Summons were directed furtli against masse-mungers. They were summoned in the straitest forme to compeere the 19 th of May. Of Pop's knights compeered the Bishop of Sanct Andrewes, the Parson of Sanquhare, William Hammilton of Camskeith, Johne Gordoun of Barskioch, and diverse others. The professors craved justice. Young Lethington was absent. The queene asked old Lethington's advice. He said she must see her lawes keeped, or elles she would gett no obedience. The bishop and his band made it nyce to enter before the Erie of Argile, who was sitting in judge- ment ; but at lenth it behoved him to enter within the bar. A merrie man, Robert Norwell, in stead of the bishop's crosse, caried 216 calderwood's histokie 1563. before him a Steele hammer, wherat the bishop and his Land were not a little offended. The bishop and his fellowes, after muche dealing and diyving of time, came in the queen's will. Some were committed to warde in one place, some in another. The Ladie Areskine gott the bishop for her part. All this was done, that the queene might not be urged with anie other thing concerning maters of religioun at the parliament, which was to beginne the day fol- lowing. Noblemen were forewarned ; but becaus manie of them had then* owne particulars to be treated upon in the parliament, the commoun cans was the lesse regarded. HUNTLIE FORFALTED. The Erie of Huntlie's corps was brought to the tolbuith, his armes rent, he, the Erie of Sutherland, and elleven barons and lairds of the surname of Gordoun, were forfaulted. The queene road in pompe to the tolbuith, the Parliament hous, three sindrie dayes. The first day she made a painted oratioun. Then might have beene heai'd among her flatterers, " Vox Diancs! the voice of a goddesse ! — God save that sweete face ; was there ever one that spake so eloquentlie ?" THE PROCEEDINGS OF THE PARLIAMENT. The preachers spake freelie against the targetting of weomen's tailes,^ and the rest of their vanitie. Ai'ticles were presented for reformatioun of suche vanitie, and other enormiteis. But the Erie of Murrey had the confirmatioun of his erledome to passe, others their owne ratifications likewise for themselves, their freinds, or dependers. " If the queene," said they, " be urged with suche things, she will hold no parliament ; and then, what sail become of those who medled with the slaughter of the Erie of Huntlie ? Lett that parliament passe over, and when the queene sail aske anie thing of the nobilitie, as she must doe before her mariage, then sail ' Ornamenting the skirts of dresses with tassels 15G3. OF THE KIRK OF SCOTLAND. 217 religioun be tlie first thing that sail be established." It was an- swered, that poets and painters erred not altogether that fained and painted Occasioun with a bald hind head. If it be neglected when it is offered, it is hard to be recovered. It fell furth so bote betwixt the Erie of Muitcj, some other courteours, and Mr Knox, that they spake not familiarlie together for a yeere and an lialfe after, Mr Knox, by letter to the Erie of Murrey, discharged him- self of all care of his affaires. He called to his remembrance, in what estate he was when they conferred first together at Londomi ; how God had promoted him above man's judgement. In end, he concludeth thus : " But seing I perceave myself fi'ustrated of my expectatioun, which was, that yee sould ever have preferred God to your owne affectioun, and the advancement of his truthe to your singular commoditie, I committ you to your owne witt, and to the conducting of those who better can please you. I praise my God I leave you this day victor of your enemeis, promoted to great honour, and in credit and authoritie with your soverane. If so you continue long, none sail be more glad than I sail be. But if after this yee sail decay, as I feare yee sail, then call to minde by what meanes God exalted you ; which was neither by bearing with im- pietie, nor by mainteaning pestilent Papists." Some, invying the great familiaritie that was betwixt them, were glade, and ceassed not to cast oyle in the flamme, which burned, till God by the water of afflictioun beganne to slocken it. Least they sordd seeme altogether to have forsakin God, (as in verie deed, God and his Word was farre off frome the hearts of the most part of the covnteours, some few excepted,) they beganne to treate of the punishment of adulterie and witchecraft, of restitu- tioun of gleebs and manses to ministers, of reparatioun of kirks. An Act of Oblivioun was made of things past since the sixt day of Marche, 1558, to the first of September exclusive, 15G3, and it was ordeaned, that the memorie of all actions, civill or criminall, which resulted upon divisioun for religioun during that time, sail expire, be bureid and extinct for ever. But the acts against adulterie and witchecraft, for manses and gleebs, were so modifeid, that no acts, 218 calderwood's historie 1563. and suche acts, were both alike ; to witt, That committers of adul- terie sail be punished to the death, after due premonitioun made to absteane from the said crime ; and that others acts and lawes made therupon before be putt in execution. That no person use anie maner of witchecraft, sorcerie, or necromancie, or avow the art and knowledge therof ; nor seeke anie helpe, response, or con- sidtatioun of the said abusers, under the paine of death to the user and consulter, and to be putt in executioun by the justice, shirefFs, Stewarts, bailifFes, lords of regaliteis and royalteis, then- dej)uts, and other judges ordinar competent. That no parson, vicar, nor other ecclesiastical person, sett in few or long tacks their manses or gleebes, mthout speciall licence and consent of the queen's Grace. That the ministers serving the cure sail have the principall manse of the parson or -sdcar, or so muche therof as may be sufficient ; or, that a reasonable and sufficient hous be builded beside the kirk, by the parson or vicar, or others possessing the said manses in few or Ions tacks. MR KNOX HIS ADMONITION TO THE LORDS. Mr Knox, in his sermoun before the most part of the nobilitie, (for the parliament was not yitt dissolved,) discoursed upon the merceis of God, the deliverance fi'ome tyrannic both of bodie and soule, which this realme had felt, and of the ingratitude of the mul- titude. " Now, my lords," said he, " I praise God that, in your owne presence, I may powre out the sorrowes of my heart. Yee yourselves may be witnesses if I lee. Frome the beginning of God's mightie Avorking within this realme, I have beene with you in your most desperate tentations. If that I (not I, but God's Spirit in me) willed you not, ever in your greatest extremitie, to depend upon God, and promised, in his name, victorie and preservatioun frome your enemeis, so that yee would onlie depend upon his pro- tectioun, and preferre his glorie to your owne lives and worldlie commoditie, aske your owne consciences. I was with you at Sanct Johnstoun ; Cowper Moore and the Craigs of Edinburgh are yitt 15G3. OF THE KIRK OF SCOTLAND. 219 recent in my minde ; yea, that darke and dolourous night, wherin all yee, my lords, with shame and feare left this toun, is yitt in my minde, and God forbid that ever I forgett it ! What was my ex- hortation to you, what hath fallin in vaine of all that God promised to you by my mouth, yee yourselves can testifie. There is not one of you against whom death and destructioun was threatned, per- ished in the danger, but manie of your enemeis hath God plagued before your eyes. Sail this be the thankfulnesse yee sail rander to our God, to betray his caus, when yee have power in your owne hands to estabhshe it as yee please ? The queene, say yee, will not agree with us. Aske of her that which we may justlie by God's Word, and if she will not agree with you in God, yee are not bound to agree with her in the devill. Lett her plainlie under- stand so farre of your mindes, and steale not frome your former stoutnesse in God, and yee sail prosper in your enterprises. I see nothing but suche a recooling from Christ, as that the man who first and most speedilie fleeth from Christ's ensigne holdeth him- self happie. Yea, I heare some say,^ that we have not our reli- gioun established by law or act of parliament. Albeit the mali- cious words of suche can neither hurt the truthe of God, nor us who depend therupon, yitt the speeker, for treason committed against God and this poore commoun wealth, deserveth the gal- lows. Our religioun being commanded, and so established by God, is accepted within this realme. If the king then living, and the queene now raigning, were lawful soverans, that parliament cannot be de- nied to be a lawfull parliament, whereby om- religioun was ap- proved. NoAv, my lords, to putt an end to all, I heare of the queen's mariage. Dukes, brethrein to emperours and kings, strive all for the best game. But this, my lords, will I say, (note the day, and beare witnesse heerafter,) whensoever the nobilitie of Scotland consenteth, that anie infidel (all Papists are infidels) sail be head to our soverane, yee doe so farre as in you lyeth to banishe Christ from this realme. Yee bring God's vengeance upon the countrie, ' " The Dsan of Restalrig." — Note in the MS. 220 calderwood's historie 1563. a plague upon yourselves, and perhaps sail bring small comfort to your soverane." MR KNOX CALLED BEFORE THE QUEENE. Papists and Protestants were offended ; yea, his most familiar freinds disdained him for his speeches. Placeboes and flatterers went to court, and told that Mr Knox had spokin against the queen's mariage. The Proveist of Glencludden charged him to present himself before the queene after noone. Uchiltrie and others ac- companeid him to the Abbey after dinner. None went in with him to the queen's cabinet but Johne Areskine of Dun, Superintendent of Angus. The queene beganne to cry out in fume, that never prince was so used as she was. " I have borne," said she, " with all your rigorous speeches, uttered both against myself and my uncles ; I have sought your favour by all possible meanes ; I offered unto you presence and audience, whensoever it pleased you, and yitt I cannot be quite of you. I vow to God I sail once be avenged." Her chamber boy, Marvock, could skarse gett naipkins to hold her eyes drie, for teares. The yowUing, beside womanlie weeping, stayed her speech. Mr Knox having patienthe susteaned her first fume, at opportunitie answered, " True it is, INIadame, your Grace and I have beene at diverse controverseis, yitt I never perceaved yom' Grace to be ofi^ended at me. When it sail please God to deliver your Grace frome that boundage of darknesse and errour wherin yee have beene nourished, for laike of right instructioun, your Majestic will find the libertie of my tongue to be nothing offensive. Out of the preaching place, Madame, I thinke, you have not occasioun to be offended at me ; and there. Madam, I am not master of my self, but must obey Him who commandeth me to speeke plainlie, and to flatter no flesh upon earth." " What have yee to doe," said she, " with my mariage?" "Please your Majestic," said he, "patientlie to heare me. I gi'ant, your Grace offered to me more than ever I desired or required. But my answere was then, as it is now, that 15G3. OF THE KIRK OF SCOTLAND. 221 God hath not sent me to await upon the courts of princes, or upon . the chambers of ladeis, but to preache faith and repentance to suche as please to heare. In preaching of repentance, Madame, it is ne- cessar that the sinnes of men be noted, that they may know wherin they offend. The most part of your nobilitie are so addicted to your affectiouns, that neither God's Word, nor the commoun wealth, are duelie regarded, therefore it becometh me to informe them of their duetie." " But what have you to doe with my mariage ?" quoth she; " or what are yee Avithin this commoun wealth ?" " I am a subject, borne within the same," said he, " Madame : although I be neither erle, lord, nor baron in it, yitt God hath made me, how abject so ever I seeme in your eyes, a profitable member within the same. Yea, Madame, it apperteaneth to me no lesse to forewarne of suche things as may harme it, if I foresee them, than to anie of the nobilitie, for my office and calling so craveth. Therefore, Ma- dame, to yourself I say, as I said in publick, ' Whensoever the no- bilitie of this realme sail consent that yee be subject to an unfaith- full husband, they doe so farre as in them lyeth banishe the truthe, betray the freedom of this realme, and perhaps, in the end, sail bring small comfort to yourself.' " At these words, yowUing was heard, and teares might have been scene in greater abundance than the mater required. Jolme Areskine of Dun, a man of meeke and mylde spirit, to mitigat her anger, praised her beautie and excel- lent parts, and said, that all the princes in Europ would be glade to seeke her favours. But suche maner of specking was nothing but to cast oyle in the flamming fire. Mr Knox stood still without anie aiteratioun of countenance a long seasoun. At lenth he said, " Ma- dame, in God's presence I speeke, I never delyted in the weeping of anie of God's creatures ; yea, I can skarse weiU abide the teares of my owne boyes, when my owne hand correcteth them, muche lesse can I rejoice in your Majestie's weeping. But seing I have offered to you no just occasioun to be offended, but have spoken the truthe as my vocatioun craveth, I must beare, howbeit unwill- inglie, with your Majestie's teares, rather than hurt my conscience, 222 calderwood's historie 15G3. or betray the commouii wealth by silence." The queene was then more offended, and commanded him to passe out of the cabinet, and to abide her farther pleasure in the chamber. The Laird of Dun stayed ; Johne Lord Coldingham went in. They remained with her neere the space of an houre. Mr Knox stood in the chamber, as a stranger whom men had never scene, for all were afFrayed ; yitt the Lord of Uchiltrie bare him companie. He beganne to seeke some purpose with the ladeis sitting there in their gorgeous appar- rell. " O, faire ladeis," said he, " how pleasant were this life of yours, if it sould endure, and in the end ye might passe to heaven with all this gay geere. But, fy upon that knave Death, which will come whether we will or not ! And when he hath layed on the ar- reist, the foule wormes will be bussie with this flesh, be it never so faire or tender : but the sillie soule, I feare, sail be so feeble, that it can neither carie with it gold, targetting, nor precious stones." So passed he the time, till the Laird of Dun willed him to depart to his hous till new advertisement. The queene would have had the Lords of the Articles to be judge, whether suche speeches deserved not punishment. But she was counselled to desist, and so that storme ceassed. MATCHES PROPONED. The Gwises, great enemeis to Queene Elizabeth, offered our queene in mariage to the King of Navarre, and to procure the Pop's sentence of depositioun of Queene EUzabeth, and divorcement from his owne hereticall wife. But the Cardinall of Loran was dealing for a matche betwixt her and Charles, Archduke, sonne to the Emperom' Ferdinand. The bloodie tyranne, the Duke of Guise himself, was takin away in Februare before. Queen Elizabeth commended unto her Robert Dudley, whom she created Master of the Horse, and Baron of Denbigh. 15G3, OF THE KIKK OF SCOTLAND. 223 LETHINGTON S PRACTISES. Soone after the parliament, Secretar Lethington returned out of England. He shewed himself a little offended that anie sould have affirmed there was anie motioun of the queen's matche with the King of Spaine : " For," said he, " it never entered in heart." His intentioun was to discredit Mr Knox, who had affirmed that such a mariage was both propouned, and, upon the queen's part, by the cardinall accepted. Whill he was absent, the nobilitie blamed him for serving the queen's affections too farre against the commoun wealth. Therefore he strenthened himself with freindship ; for he travelled in England for the Erie Bothwel's libertie, and procured the Erie of Lennox his pasport to come home. He sett fordward the Erie of AthoU at court at home, so the Erie of Murrey his cre- dite beganne to be obscured. Yitt Lethington caried a faire coun- tenance to him. Soone after liis returne, the queene sett at libertie the Bishop of Sanct Andre wes, and the rest of his band, who were before committed to prison for violating the lawes. THE SIXT GENERALL ASSEMBLIE. The Generall Assemblie was holdin at Sanct Johnstoun, the 25th day of June. TRIELL OF SUPERESTTENDENTS AND COMMISSIONERS. In the triell of superintendents, Mr Alexander Gordoun, called commounlie Bishop of Galloway, to whom commissioun had beene givin before to plant kirks with ministers, exhorters, or readers, and other office-bearers, likewise for a reformed kirk within the bounds of Galloway, was compleaned upon by the Laird of Gar- leis, younger, that he had not ministred justice to an honest woman compleaning upon her husband for non-adherence. 224 calderwood's historie 1563. commissioners oe provinces appointed. Commissioun was given to Mr Johne Hepburne, Minister of Brechin, to plant ministers, exhorters, readers, elders, deacons, and other members requisite and needfiill for a reformed kirk, in Mur- rey, Bamf, and the countreis adjacent ; and to place schoolemasters, to abolishe idolatrie in these parts. The like commissioun was givin to Mr Robert Pont to plant kirks in the shirefdome of Inner- nesse, and the countreis adjacent ; and to Mr Donald Monro, to doe the like within the bounds of Rosse, and to assist the Bishop of Cathnesse in preaching of the Gospell, and planting of kirks. Commissions were givin to the Bishoj)s of Galloway, Orkney, and Cathnesse, for the space of a yeere, to plant kirks, etc., within their owne bounds. All these commissions were to endm'c onlie for a yeere. The Generall Assembleis aimed at the planting of moe superintendents, and even in this same Assemblle, they aimed at a superintendentship in Tiviotdaill, Nithisdaill, Annandaill, and Sel- kirk. Yitt could they never atteane to moe than five. Therefore they gave commissiouns to ministers to plant kirks, preache, visit e kirks, schooles, and coUedges ; to suspend, deprive, transplant ministers ; to confer vacant benefices ; to procure tlie eradicatioun of all monuments of idolatrie in the provinces, or bounds assigned to them. These wei'e called the commissioners for planting kirks, commissioners of countreis or jirovinces, commissioners for visita- tion. Their power was equaU to the power of superintendents, and had the like assistance of reformed kirks, of learned men nixt adjacent, of meetings of ministex's for the exercise of prophecie, of synods, of other associats whom the Generall Assemblie now and then appointed to joyne with them. This was the difference : commissioners injoyed their office onlie for a yeere commonlie. When the commission expii'ed, the Assemblie either renued it, or placed another : so that I may justlie call the commissioners of provinces, temporarie superintendents ; and Avere in verie deed but servants to the General Assemblie, having a delegate power fioni 1563. OF THE KIRK OF SCOTLAND. 225 them, accessorie to the particular charge which they had over their owne particular flockes. ACTS. These acts following Avere made in this Assemblie : — 1. That no contract of manage alledged to be made secreitlic, carnall copulatioim following, sail have faith in judgement in time comming, till the contracters suifer as breakers of good ordei", and offensive to the Kirk by their slaunder ; and, thcrafter, that faith sail not be givin to that promise, till famous and unsuspect wit- nesses affirme the same, or elles both the parteis confesse. And incace probatioun or confessioun folloAv not, that the said of- fenders be punished as fornicators. 2. That if anie person findeth himself wronged by anie sentence givin by the ministers, elders, and deacons of their ku'k, it sail be free to the partie so wronged to appeale to the superintendent of the diocie, and the synodall conventioun, within ten dayes after ; and the said superintendent sail take cognitioun whether it was Weill appealed or not, and give sentence therupon. If the partie yitt alledge himself wronged by the superintendent, and his syno- dall conventioun, it sail be free to him to appeale, within ten dayes as before, to the Generall Assemblie immediatlie following; and that the said Assemblie tak cognitioun of the said appellatioun, whether the partie appealed weill or not ; and thcrafter pronounce sentence, from Avhich it sail not be free to the partie to appeale. If the appellant justifie not his appellatiovin before the superintend- ent, and his conventioun foresaid, he sail inflict a paine upon him, as he sail thinke good, beside the expenses of the partie : which penaltie sail be delivered to the deacons of the kirk where the first sentence was givin, to be distributed to the poore. In like maner, the Generall Assemblie finding it evill appealed, from the superin- tendent and synodall conventioun, sail impose a penaltie arbitrarie upon the appellant, to be distributed, as said is, together with the expenses to the partie. VOL. II, p 226 calderwood's historie 15G3. 3. That the instruction of the youth be committed to none within the reahiie, neither in nor out of universiteis, but to suche as pro- fesse the true religioun now pubHcklie taught ; and if there be anie other now presentlie occupying these places, that they be removed. 4. That no worke sail be sett furth in print, or published in Avritt, tuiching religioun, before it be presented to the superintend- ent of the diocie, advised and approved by him, and by suche as he sail call of the most learned within his bounds. Aiid if they, or anie of them, doubt of anie point, so that they cannot be resolved cleerelie, they sail produce the said worke to the General Assem- blie, where order sail be takin for resolutioun of the said doubt. — The like power was givin in Assembleis following to others than superintendents. 5. That everie superintendent warne shires, touns, parish kirks within the bounds of then' jurisdictioun, to send their commis- sioners to the Generall Assemblie in times coming, and mak inti- matioun to them of the time and place ; and that the superintend- ents themselves repaire to the Assembhe, the first day, under the paine of a certan penaltie, to be distributed to the poore. 6. That everie superintendent consider within his bounds the kirks needing reparatioun, or re-edifeing ; and therafter, that the letters givin to him gratis, made conforme to the Act of Parliament, be delivered to the collectors of the thrids within his bounds, to be executed by an officer of amies, at suche kirks as sail be needfull, and the superintendent sail thinke good : and therafter, that the said collectors deliver the letters duelie executed to the superin- tendents, that where it sail happin there be disobedience they may crave remeid from the Lords of Secreit Counsell. ARTICLES FOR PETITIONS. Articles and petitions. It is ordeaned, that supplicatioun be made to the superiour powers, for constituting judges in everie province, to heare the complaints of parteis, alledging adulterie to be committed by the husband or the ^xik ; and that the said 1563. OF THE KIRK OF SCOTLAND. 227 judges may take cognitioun in the mater, and punishe, according to the Act of ParUament. Item, That when anie benefice sail vaike, qualifeid persons may be presented to the superintendent of the province where the benefice lyeth, that places destitute of the mi- nistrie may be provided. Item, That M^here two or three kirks are distant two or three myles, they may be united, and the inhabit- ants commanded to resort to one of them ; becaus the smalnesse of manie parishes requireth not, and the raritie of ministers suffereth not, everie kirk to have a severall minister. Item, For remitting the thrids, or a part therof, to suche bishops as are appointed by the Assemblie commissioners, to plant kirks within their owne bounds. The comptroller was requested to assume, and assigne to himself so muche of the thrids of the benefices remitted by the queene to the professors, colleges and kirks of universiteis being excepted, as may sufficientlie susteane the ministrie ; and to cans his collector to intromett therewith, and distribute the same among the ministers, as weill for times bypast as to come ; which he pro- mised to doe. The Comptroller, Justice-Clerk, and Clerk-Register being present, promised to give letters gratis to ministers requir- ing the same ; and to cause them be executed upon the comptrol- ler's expenses, to charge all possessors of manses to restore the same to ministers, or to build a sufficient hous to them before a sett day, as the partie sail desire, under the paine of horning. COMMISSIONERS FOR TRYELL OF COMPLAINTS. The Superintendent of Lothiane, the ministers, elders, and dea- cons of the kirk of Edinburgh, conjunctimet divisim, Mr James Mak- gill. Clerk of Eegister, Sir Johne Spence of Condie, the queen's Advocat, Messrs Thomas Makalzeane, David Borthwicke, Clement Littill, Richard Strang, or anie two of them, were appointed to tak cognitioun of Mr Magnus Halcro and Margaret Sinclar's ap- pellation frome the Bishop of Orkneye's sentence, in a cans of di- vorce. Commission was givin to Mr Gudman, minister at Sanct Andrewes, William Christesone, minister at Dundie, Mr William 228 calderwood's historie 1503. Coke, Mr William Scot, Mr Johne Dowglas, Eector of the Uni- versitie of Sanct Andi'CAves, to tak cognitioun of tlie complaint givin in by the Superintendent of Fife, against Mr George Leslie, minister of Stramiglo, to deceme, and to notifie their decreit to the Superintendent of Angus : where we may see, that ministers were aj)pointed by the Assemblie judges betwixt superintendents and ministers ; and that not onlie the Generall Assemblie, but also others whom it pleased them to appoint, had power to judge of bishops and superintendents. The Superintendent of Fife had compleaned, that Mr George had not executed his summons against some per- sons in Auchtermowtie, where he was also minister ; and that he had not ministred the sacraments since December last bypast. THE SENTENCE PRONOUNCED AGAINST JAMES HAMMILTON OF KINCAVELL PRONOUNCED NULL. In the thrid sessioun of this Assemblie, after discussing of the articles for which processe was led, and sentence givin by umquhile James Bishop of Rosse, appointed commissioner by James Arch- bishop of Sanct Andre wes, at Halyrudhous, the 26th of August, 1534, against James Hammllton of Kincavell, ShirefFof Linlithquho; the Assemblie pronounced the saids articles to be good and sound, no wise heretical!, and the sentence pronounced by the said Bishop of Rosse against the said James, in jioena contumacicB, to be casse' and null, with all that followed therupon, and he to be restored in integrum to his honour, fame, and dignitie. The articles for which he was condemned were these : — That Mr Patrik Hammiltoun died a good Christian, and he was content to dee the same death : That there is no purgatorie : That we ought not to pray for the dead : That man hath not free will, as the Papists meane : That he said the Lord's Prayer in the vulgar tongue : That he had bookes con- demned, and suspected of heresie : That he contemned, and caused others contemne, the preaching of preaching friers — and so furth. James Gib of Carruder, one of those who were summouned for ' Rendered void. 1563. OF THE KIRK OF SCOTLAND. 229 their interesse, to heare the salds articles approved, compeered after noone, and protested, that whatsoever was done in this Assemblie in favours of James Hammiltoun of Kincavell, sould not be pre- judicial! to him and his rights whatsoever, THE QUEENE's PEOGRESSE AND HER MASSES. The queene, in her progresse through the west countrie, had her masse in touns and gentlemen's houses; herupon Mr Knox be- ganne that forme of prayer, which he ordinarilie used after thanks- giving at table : — " Deliver us, O Lord, frome the boundage of idolatrie ; preserve and keepe us from the tyrannic of strangers ; continue quietnesse and concord among us, if it be thy good plea- sure, for a season." Some of his familiars asked him, why he prayed for quietnesse onhe for a seasoun ? He answered, he durst not pray but in faith ; he was assured by God's Word, that constant quietnesse could not continue in that realme, where idolatrie, after it was suppressed, was suffered to be erected again. The queene went to Aj'gile from the west countrie to the hunting, and after returned to Stirline. THE DEATH OF JOHNE LORD COLDINGHAME. The Erie of Murrey, Robert Lord Halyrudhous, and Johne Lord Coldingham, went to the north, to hold Justice-Courts. Some theeves and murtherers suffered, and two witches were burnt. Johne Lord Coldinghame ended his life at Innernesse. For the queene's pleasure, he was an enemie to vertue, and a patron to impietie, to the uttermost of his power. His venome so raged, that at a cer- tane time he burst furth in these words, " Or I see the queen's Majestic so troubled with the railing of these knaves, I sail leave the best of them sticked in the pulpit !" But at his death he asked God mercie, for that he had mainteaned her impietie, and flattered her in wickednesse against God and his servants. He charged those that were beside him to warne the queene, unlesse she left 230 calderwood's historie 15(33. her idolatrie, God would not faile to plague her. But she regarded his words as wind ; yea, affirmed that they were invented by the Laird of Pittarrow and Mr Johne Wood, whom she hated, becaus they flattered her not in her dancing and other things. Yitt, she said, God tooke away from her the person in whom she had great- est pleasure. A MASSE IN HALYRUDHOUS IN THE QUEEN's ABSENCE, OCCASION OF TROUBLE. Whill the queene lay at Stirline, her Frenche meinzie, whom she had left in the palace of Halyrudhous, had their masse more pub- lick than at anie time before. When the kirk of Edinburgh had the ministratioun of the Lord's Table, the Papists resorted in great number to their abominatioun. Some zealous men were appointed to wait upon the palace, and marke suche as resorted to the masse. When they perceaved a great number to goe into the chappell, some of them rushed in also. The preest and the Frenche dames being affray ed, raised the shout. Madame Raillie, mistresse of the queene's maides, — if that court could beare anie maides, — sent post to the comptroller, the Laird of Pittarrow, who was then in the Great Kirk of Edinburgh at sermoun, and called for his assistance, to save her life, and the queene's palace. He, with greater haste than need required, went doun, and tooke with him the proveist and bailiffs, and a great number of others. When they came they found all quiet, except that a peaceable man was talking with them, and forbidding them to transgresse the lawes. True it is, that Pa- trik Cranstoun, a zealous professor, went in to the chappell, and finding the altar covered, and the preest readie to goe to his abo- minatioun, said, " The queene's Majestic is not heere : how darre thou then be so malapert as openlie to transgresse the law ?" The queene was informed. Patrik Cranstoun and Andrew Armestrang were smnmouned to find sovertie to underly the laAv for foresought fellonie, hamesucken, violent invasioun of the queene's palace, and spoliation of the same. It was concluded by the brcthrein that 1563. OF THE KIRK OF SCOTLAND. 231 were in the toun, that Mr Knox, to whom charge was givhi, to give advertisements whensoever danger sould appeare, sould write to the professors in all quarters, to informe them in what case maters stood, and to crave their assistance ; which he did as fol- loweth : — MR KNOX's LETTER TO THE PROFESSORS. " Wheresoever two or three are gathered together in my name^ there am I in the middest of them. " It is not unknowne to you, deere brethrein, what comfort and tranquillitie God gave unto us in times most dangerous, by our Christian assembleis, and godlie conferences, als oft as anie danger appeared to anie member of the members of our owne bodie ; and that how, since we have neglected, or at the least not frequented our conventions and assembleis, the adversareis of Christ Jesus his holie Evangell have enterprised and boldened themselves pub- licklie, and secreitlie, to doe manie things odious in God's presence, and most hurtfuU to the true religioun now of God's great favour granted unto us. The holie sacraments are abused by profane Papists ; masses have beene, and yitt are, openlie said and main- teaned ; the blood of some of our deerest ministers hath beene shed, without feare of punishement or correctioun craved by us ; and now, last, are two of our brethrein, Patrik Cranstoun and Andrew Armestrang, summouned to underly the law, in the tolbuith of Edinbm'gh, the 24th of this instant, for forethought feUonie, pre- tended murther, and for invading the queene's Majestie's palace of Halyrudhous with unlawfull convocatioun, etc. " This terrible summons is directed against our brethrein, becaus they, with two or three moe, past to the Abbey upon Sunday the 1 5th of August, to behold and note what persons repaired to the masse ; and that, becaus the Sunday before, the queene's Grace being absent, there resorted to that idol a rascall multitude, having 232 calderwood's historie 1563. openlie the least devillish eeremonie, (yea, even the conjuring of their accursed water,) that ever they had in time of greatest blind- nesse. Becaus, I say, our brethrein past, and that in most quiett maner, to note suche abusers, thir fearefull summons are directed against them, to make no doubt a preparatioun upon a few, that a doore may be open to execute crueltie upon a greater multitude. And if so it come to passe, God, no doubt, hath recompensed om' former negligence and ingratitude towards him, and his benefites receaved, in our owne bosomes. God gave us a most notable vic- torie of his and our enemeis. He brake their strenth, confounded theu' counsells ; he left us at freedome, and purged this rcalme (for the most part) of open idolatrie, to the end that we, ever mindefidl of so Avondrous a deliverance, sould have keeped this realms cleane frome suche filthinesse and damnable idolatrie. But we, alas ! pre- ferring the pleasure of fieslie and blood to the pleasure and com- mandement of God, have suffered that idol, the masse, publicklie to be erected againe ; and therefore justlie suflPereth he us now to fall in that danger, that to looke to an idolater going to his idolatrie sail be reputed a crime little inferiour to treasoun. God grant that we fall not farther : And now I, whom God of his mercie made one among nianie to travell in setting fordward his true religioun within this reahne, seing the same in danger of ruine, cannot but of conscience crave of you, my brethrein of all estats, (that have professed the truthe,) your presence, comfort, and as- sistance, at the said day, in the toun of Edinburgh, as ye tender the advancement of God's glorie, the safetie of your brethrein, and your owne assurance, together with the preservation of the Kirk in her appearing dangers. It may be, perchance, that per- swasiouns be made in the contrare ; and that yee may be in- formed, that either your assemblie is not necessar, or elles that it would offend the upper poAvers. But my good hope is, that nei- ther flatterie nor feare sail make vou so farre to declvne against Christ Jesus, as that against your publick promise and solemn band yee will leave your brethren in so just a cans. And albeit there were no gi-cr.t danger, yitt canncjt your assemblie be unpro- 1563. OF THE KIRK OF SCOTLAND. 233 fitable ; for manie things require consultatioun, which cannot be had unlesse the wisest and godhest conveene. And this, doubt- ing nothing of the assistance of our God, if that we uniformehe seeke his glorie, I ceasse farther to trouble you, committing you heartihe to the protectioun of the Etemall. From Edinburgh, the 8th day of October, 1563. " JoHNE Knox." VARIANCE BETWIXT THE MASTER OF MAXWELL AND MR KNOX. When this letter Avas read in the toun of Air, Robert Cunning- hame, minister of Failefurde, then reputed a professour of the Gos- pell, being present, gott the letter, by what meanes we knoAV not, and sent it to Mr Henrie Sinclar, then President of the Sessioun of the CoUedge of Justice, stUed Bishop of Rosse, a perfyte hypo- crite, and conjured enemie to Christ. He was cutt of the stone in Parise, and ended his life the secund day of Januar following. He was a speciall enemie to Mr Knox, becaus he still affirmed, that a bishop receaving profite, and not feeding the flocke by his owne labours, is a theefe and a murtherer. He posted the letter to the queene, then resident at Stirline, together with his advice. The cabinet counsell concluded that it imported treasoun. The queene thought once to be revenged upon her great enemie. It was concluded, the nobihtie sould be writtin for, to countenance the condemnatioun with their authoritie. The day was appointed about the middest of December, and was keeped by manie. The Master of MaxweU, after Lord Hereis, discharged Master Knox of further familiaritie, unlesse he satisfeid the queene's Majestic at her owne sight. " I know no offence done," said the other. " No offence !" said he : " have yee not desired by yovu- letters, the brethrein from all parts to come to Patrik Cranston and Andrew Armestrang's day ?" " I grant," said the other, " but acknowlege no offence." " No offence," said he, " to convocat the queene's lieges ?" " Not for so just a cans," said the other. " Greater maters were reputed no offence Avithin these tAvo yeercs." " The 234 calderwood's historie 1563. case," said he, "• is altered, for then our soverane was absent." " God's Word," said the other, " not her presence nor absence, ruleth my conscience. What was lawfidl to me the last yeere is yitt lawfull." " Weill," said the Master, " I have givin you my counseU ; doe as yee like ; but I thinke yee sail repent, if yee bow not to the queene." " I understand not, Master," said he, " what yee meane. I never made myself adverse partie to the queene but in religioun, wherin, I thinke, yee will not will me to bow." " Weill," said he, " yee are wise eneugh ; but yee will not find that men will beare with you in time to come as they have done in times by past." " So long as I depend upon God's providence, and prefere his glorie unto my life and worldlie profite, I little re- garde how men behave themselves toward me," said the other ; " neither know I wherin anie man hath borne with me in times by- past, unlesse it be, that out of my mouth they have heard the Word, which if in time comming they refuse, I will lament, but the incommoditie wiU be their owne." They sindered, and were not so familiar after. THE ADVOCAT INFORMED. Mr Johne Spence of Condie, Advocat, came as it were in secreit to Mr Knox, to inquire how maters went. After he had heard his declaratioun, and considered the letter, he said, " I thanke God, I came to you with a fearefull and sorrowfull heart, fearing yee had committed some offence punishable by the lawes, which would have brought no small greefe to the hearts of all those who liavc receaved the Word of Life out of your mouth. But I depart greatlie rejoicing, als weill becaus I perceave yee have comfort in the middest of your troubles, as that I cleerelie understand yee have not committed suche a crime as is bruited, yee will be accused ; but God will assist you." 1563. OF THE KIKK OF SCOTLAND. 23.5 CONFERENCE BETWIXT THE ERLE OF MURREY, THE SECRETAR, AND MR KNOX. The Erie of Murrey and the Secretar sent for Mr Knox to the Clerk-Register's hous. They beganne to lament that he had so highlie offended the queene, which they feared sould end in great inconvenience to him, if he did not wisehe prevent it. They told him what paine and travell they had takin to mitigate her anger, but could find nothing but extremitie, unlesse he would confesse his offence, and putt himself in her Grace's will. " I praise my God through Christ," said he, " I have learned not to crie, ' Con- juratioun and treason !' at everie thing that the godlesse multitude doth condemne, nor to feare the things that they feare. I have the testimonie of a good conscience, that I have givin no occasioun to the queene's Majestic to be offended at me, for I have done no- thing but my duetie. So, whatsoever sail ensue, my good hope is, that God will give me patience to beare it." " But how can you defend yourself?" said Lethington : " Have yee not convocated the queen's lieges ?" " If I have not a just defence," said he, " lett me smart for it." '' Lett us heare," said they, " your defences, for we would be glade yee might be found innocent." " No," said the other : " I am informed by diverse, that I am already condemned, and my cause prejudged ; therefore, I might be reputed a foole, if I sould make you privie to my defences,." They seemed both of- fended. The secretar departed. The erle wovdd have entered in farther discourse of the estate of the court. Mr Knox answered, " I understand more than I would of maters of the court. If yee stand in good case, I am content : if not, as I feare yee doe not alreadie, or elles sail not ere it be long, blame not me. Yee have counsellers whom yee have chosin. My weake judgement both they and yee despise. I can doe nothing but behold the end, which I prny God be other than my troubled heart fcareth." 23(i caldehwood's historie 1563. MR k:nox accused before the counsell. Within foure dayes, jVIr Knox was called before the queene and counsell, about the middest of December. The professors of Edin- burgh followed in suche numbers, that the inner close was fuU, and all the staires, even to the chamber doores, where the queen and counsell sate. The lords had beene reasouning among themselves before, but had not fullie satisfeid the secretar's minde. The queene had retired to her cabinet, and the lords were talking one with an- other ; but when j\Ir Knox came, they were commanded to tak their places. The queene came furth : with no small pompe was placed in the change, having two faithftdl supposts, the Master of Maxwell at the one tore,* and the secretare at the other; the one sometimes occup\dng her eare, sometimes the other. When she saw Mr Knox standing at the end of the table, bare-headed, first she smiled, and after burst furth in loud laughter. Her placeboes gave their plau- dite^ with the like countenance. " This is a good beginning," said she : " but wote yee Avherat I laugh ? Yon man gart me greete, and never shed a teare himself: I will see if I can cans him weepe." The secretar wliispered in her eare, and she again in his, and gave liim a letter. After inspectioun, he directed his sijeech to Mr Knox, saying, " The queen's Majestic thinketh yee have travelled to raise a tumult among her subjects ; and for proofFe, there is your owne letter. Becaus her Grace will doe nothing Avithout advisement, she hath called you before some of the nobUitie heere present, that they may beare Avitnesse betwixt you and her." " Let hun acknoAvledge his owne hand-writt," said she, "and then we saU judge of the con- tents of the letter." So the letter Avas reached from hand to hand, till it Avas delivered to Mr Knox. When he had taken inspectioun, he said, " I remember I dyted a letter in October to brethrein in diverse quarters, of suche things as displeased me ; and good con- ceate have I, that the scribes Avillinglie Avould not adidterat my ori- ' Arm of the chair. 15G3. OF THE KIRK OF SCOTLAND. 237 ginall, albeit I left diverse blanks Avith tliem : so I acknowledge both the hand-writt and the dytcment." " Yee have done more/' said Lethington, " than I would have done." " Charitie," said Mr Knox, " is not suspicious." " Weill," said the queene, " read your owne letter, and then answere as yee sail be demanded." " I sail doe the best I can," said he. He read it with a loud voice, and de- livered it again to Mr John Spence, advocat ; for the queene com- manded him to accuse, which he after did, but verie gentlie. After the letter was read, the queene said to the lords, " Heard yee ever, my lords, a more despitefull or treasonable letter?" No man answering, Lethington said, " Mr Knox, are yee not sorie at the heart that suche a letter hath escaped your penne, and from you hath come to the knowledge of others ?" He answered, " My lord secre- tar, before I rejient, I must be taught of my offence." " Offence !" said Lethington : "If there were no more but the convocation of the queen's lieges, the offence can not be denied." " Remember your- self, my lord," said the other; " there is a difference betwixt a law- full convocatioun and an unlawfull. If I be guiltie in this, I have offended often since I came last in Scotland ; for what convocatioun of the brethrein hath beene to this houre to which my penne hath not served ? But before this time, no man layed it to my charge as a crime." " Then was then," said Lethington, " and now is now ; we have no need of suche convocatioun as sometimes we have had." Mr Knox answered, " The time which hath beene is ever before my eyes : for I see the poore flocke in no lesse danger than at anie time before, but that the devill hath gottin a vizerne on his face. Before, he came with face discovered, seeking by open tyrannic the destructioun of all that resisted idolatrie : then, I thinke yee wiU confese, the brethrein assembled themselves lawfuUie for defence of their owne lives. Now, the devill cometh under the cloke of justice, to doe that which God would not suffer him to doe by strenth." " What is this ?" said the queene. " Methinke yee triffle Avith him. Who gave him authoritie to convocat my Heges ? Is not that treosoun?" "No, Madame," said the Lord Ruthvcn: "lie convocateth 238 calderwood's historie 15G3. the people to lieare prayers and sermons, almost daylie ; and what- ever your Grace or others will thinke therof, we think it no trea- soun." " Hold your peace !" said the queene : " lett him answere for himself." " I beganne," said Mr Knox, " to reasoun with the secre- tar, whom I tak to be a farre better dialectician than your Grace, and said, that all convocatiouns are not unlawful!. Now, my Lord Ruthven hath givin an instance, which, if your Grace will denie, I ■will addresse me to prove." " I will say nothing," said the queene, against your religioun, for conveening to your sermons. But what authoritie have yee to convocat my subjects when it pleaseth yow, without my warrant ?" " I have no pleasure," said Mr Knox, " to declyne frome the fonner purpose. Yitt, Madame, to satisfie your Grace, I answer, that at my pleasure I never convocated foure per- sons, but according to the order appointed by the brethrein. I have givin diverse advertisements, and great multitudes have assembled therupon. If your Grace compleane that this hath beene done without your commandement or warrant, I answere, so hath all that God hath blessed within this realme, frome the beginning of this actioun. Therefore, Madam, I must be convicted by a just law, that I have done against the duetie of God's messinger, in writting of this letter, before I can either be sorie or yitt repent, as my lord secretar would perswade me. What I have done, I have done at the commandement of the Kirk Avithin this realme ; therefore, I think I have done no wrong." " Yee sail not escape so," said the queene. " Is it not treasoun, my lords, to accuse a prince of crueltie ? I thinke there be Acts of Parliament against suche whisperers." That was granted by manie. " Wherein can I be accused ?" said Mr Knox. " Read this part of your owne letter," said the queene : — ' Thir fearefull sum- mons are directed against them, (to witt, the bretlu'ein forsaid,) to mak, no doubt, a preparation upon some few, that a doore may be opened to execute crueltie upon a great multitude.' " Loe," said the queene, " what say yee to that ?" Whill manie doubted what Mr Knox would ansvv'ere, he said, " Is it lawfull for me. Madam, to answere for myself; or sail I be damned 1563. OF THE KIRK OF SCOTLAND. 239 before I be heard ?" " Say what yee can," said she, " for I thinke yee have eneugh to doe." " I Avill first, then, aske of your Grace, Madam, and of this honorable audience, whether if obstinat Papists are not deadlie enemeis to all suche as professe the Evangell, and earnestlie thrist the exterminioun of them, and the true doctrine which is taught in this realme ?" The queene held her peace. The lords, with one voice, said, " God forbid that ever the lives of the faithful!, or stopping of the preaching of the Word, stood in the power of Papists ; for just experience hath taught us what crueltie lyeth in their hearts." " I proceed, then," said Mr Knox, " seing I perceave all will grant it were a barbarous crueltie to destroy suche a multitude as professe the Evangell within this realme, which ofter than once or twice they have attempted to do by force, as things done of late doe testifie ; whereof they, being disappointed by God's providence, have invented a more craftie and more dangerous prac- tise ; to witt, to make the prince partie, luider colour of law. So, what they could not doe by open force, they sail performe by craft and deceate. Thinke you, my lords, that the insatiable crueltie of the Papists within this realme sail end in the murthering of these two brethrein, now unjustlie summouned, and more unjustlie to be accused? I thinke no man of judgement can so esteeme, but ra- ther judge, that by these two they intend to prepare a way to their bloodie interprise against the whole number. Therefore, Madame, cast up when you please the Acts of Parliament. I have offended nothing against them, for I accuse not, in my letter, yoiir Grace of a cruell nature. But I affirme yitt againe, that the pestilent Pa- pists, who have enflammed your Grace Avithout just cans against these poore men at this present, are the sonnes of the devill, and therefore must obey the desires of their father, who hath beene a manslayer and a leer fi'om the beginning." " Yee forgett yourself," said one ; " yee are not in the pulpit." " I am in the place," said the other, " where I am demanded of conscience to speeke the truthe. I speeke : impugne whoso list ! I adde, Madame, that natures otherwise gentle and meeke in appearance may, by wicked and corrupt counsellers, be subverted and altered to a contrarie 240 calderwood's historie 1563. course. Exemples we have in Nero. Now, Madame, I say plainlie, Papists and conjured enemeis of Christ have your eares patent at all times : assm^e your Grace, they are dangerous counsellers, and this yom" mother found." Lethington smirtelled, and rounded in her eare. Then she said, " Weill, yee speeke heere faire eneugh before the lords ; but the last tyme I spake with you secreitlie, yee caused me weepe manie teares, and said stubbornlie, Yee compted not for my weeping." He repeated summarihe the conference they had before the Laird of Dun concerning her matche, the occasioun of her weeping, and what he said to her when she weeped. After that the secretar had confen^ed secreethe with the queene, he said, " Mr Knox, yee may returne to your hous for tliis night." " I thanke God and the queen's jNlajestie," said the other : " I pray God, Madame, to purge your heart from Poprie, and preserve you frome the counsell of flatterers. How pleasant soever they seeme to your eares, and corrupt affections for the time, experience may teache to what per- plexitie they have brought renowned princes." Mr Knox removed, the queene went to her cabinet. Everie man's vote was asked, if he had not offended the queene's Ma- jestic ? The lords voted all as one man, they could find no oflTence. The flatterers of the court, Lethington especialHe, raged. The queene was brought againe, and placed in her chaire, and they were commanded to vote againe. The nobilitie being offended, said, " T^Tiat, sail the Laird of Lethington have power to command us ? Sail the presence of a woman cans us offend God ? Sail we condemne an innocent man against our conscience, for the pleasure of anie creature ?" So he was absolved againe, and they praised God for his modestie, his plaine and sensible answeres. Among manie placeboes and flatterers of the court, not one durst plainlie condemne him, the same God ruling their tongues, that some time ruled the tongue of Balaam; which, when the queene perceaved, she upbraided Mr Henrie Sinclare, Bishop of Rosse, saying, " Trouble not the barne, I pray you; trouble him not, for he is newlie wakened out of his sleepe. Why sould not the old foole follow 1563. OF THE KIRK OF SCOTLAND. 241 the footsteps of others that have passed before him ?" The bishop answered coldlie, " Your Grace may understand, that it is nather affectioun to the man nor love to his professioun, that moveth me to absolve him ; but the simple truthe, which plainlie appeareth in his defence." This being said, the lords and their assessors arose and departed. The duke, the Erie of Argile, the Erie of Murrey, the Erie of Glencarne, the Erie Marshall, the Lord Ruthven, satt in counsell that day. Old Lethington, the Bishop of Hosse, the Clerk-Register, satt removed from the table. The Comptroller, the Justice-Clerk, the Advocat, and sindrie others, were standing by. That night there was neither dancing nor fiddling ; for the queene was disappointed of her purpose, which was to have had Mr Knox come in her will, by vote of the nobilitie. She raged, and the placeboes of the court stormed. They beganne againe to move him to confesse an offence, and to putt himself in the queene's will, promising the greatest punishment sould be to enter within the castell of Edinburgh, and immediatlie to returne to his owne hous. He answered, " God forbid that my confessioun sould condemne the noblemen who, upon their consciences, and with the queene's displeasure, have absolved me. Farther, I am assm'ed, yee will not in earnest desire me to confesse an offence, unlesse yee will also have me to ceasse from preaching ; for how can I exhort others to peace and Christian quietnesse, if I confesse myself to be an author and mover of seditioun ?*' THE SEVENTH GENERALL ASSEMBLIE. The Generall Assemblie conveened at Edinburgh, the 25th of December, in the new Tolbuith, Avhere were present the duke, the Erles of Argile, Murrey, Morton, Glencarne, Marshall ; the Secre- tar. Comptroller, Justice-Clerk; the Superintendents of Angus, Lothiane, Fife, and the West ; Alexander, styled Bishop of Gal- loway, Adame, Bishop of Orkney, ministers, commissioners, barons, burgesses, and gentlemen. The exhortatioun Avas made by Mr Willocke, Superintendent of the West. For avoiding confusion, VOL. II. Q 242 CALDERWOOD's HISTORIE 1563. it was agreed that a Moderator sould be chosin, to moderat during the time of everie Assembhe. Mr Johne Willocke, Superintendent of the West, was chosin Moderator for this time. QUICKE SPEECHES BETIJIXT SOME COURTEOURS, BARONS, AND MINISTERS. The just petitions of ministers were dispised at the first, with these Avords : — " As ministers will not follow our counsell, so wuU we suffer ministers to labour for themselves, and see what speed thej come." It was answered by the commissioners, " If the queene wiU not provide for ministers, Ave must ; for both the two parts, and the thrid, are rigorouslie exacted of us and our tenants." " If others," said one, " Avill folloAv my counsell, the guarde and the Papists sail compleane als long." Then the speeker alledged, he meant not of aU ministers, but of some, to Avliom the queene was no debtor ; for Avhat receaved she of biuTOAves ? Christopher Gud- man ansAvered, " If yee can shov/ me Avhat just title either the queene hath to the thrid, or the Papists to the two parts, then I think I soidd resolve you Avhether she Avere debtor to ministers Avithin burghs or not." The secretare answered, '■^ Ne sit peregrinus curiosus in aliena repuhlica ;" Lett not a stranger be curious in a strange commouAvealth. Mr Gudman answered, " Albeit in your policie I be a stranger, yitt so I am not in the Kirk of God. The care thereof apperteaneth no lesse to me in Scotland than if I were in the middest of England." MR KNOX JUSTIFEID BY THE ASSEMBLIE. Manie Avoimdered that Mr Knox Avas silent Avhen these sharpe speeches past. He himself declared the caus. " I have travelled," said he, " right honorable and beloved brethrein, since my last ar- rivall Avithin this realme, in an upright conscience before my God, seeking nothing more (as he is witnesse) than the advancement of his glorie, and stabilitie of his Kirk Avithin this realme. Yitt of 1568. OF THE KIKK OF SCOTLAND. 243 late I have beene accused as seditious, and as one that usurped to myself power Avhicli becometh me not. True it is, I gave adver- tisement to brethrein, in diverse quarters, of the rigour intended against some honest men for looking to the preest going to the masse, and observing these that transgressed this law. That there- in I have usurped farther power than was givin me, till by you I be damned, I utterlie denie ; for by the charge of the Generall Assemblie, I have als lawfuU power to advertise the brethrein, frome time to time, of dangers appearing, as I have to preache the Word of God in the pulpit of Edinburgh ; for by you I was appointed to the one and the other. Therefore, in the name of God I crave your judgements. The danger Avhich appeared in my accusatioun was not so fearfuU as the words which came to my cares were greevous to my heart ; for it was said, (and that by some profes- sours,) ' What can the Pope doe more than send furth his letters, and command them to be obeyed?'" Sir John Bellendine, Justice- Clerk, (then not the least flatterer of the court,) beganne to storm e, and said, " Sail we be moved to justifie the wrong doings of men ?" " My lord," said Mr Knox, " you sail speeke yom' pleasure for the present : of you I crave nothing. But if the As- semblie will not either absolve me or condemn me, never sail I, in publick or in privat, as a publick minister, open my mouth in doc- trine nor in reasouning." After long altercatioun, Mr Knox was removed. It was found that charge was givin to him to advertise brethrein in all quarters, and therefore the fact to be not onlie his but the whole Assemblie's. The queen's placeboes were more angrie than before ; for some of them had promised to the queene to gett him convicted both by the counsell and by the Assemblie. But being frustrated of both, she and they thought themselves not a little disappointed. The approbatioun folio weth in these words : " Anent the ques- tioun moved by Johne Knox, minister of Edinburgh, to the whole Assemblie, whether he receaved charge of the whole kirk conveen- ed in Edinburgh, after the beginning of reformatioun, to adA'ertise the brethrein to conveene at what time it sould chance that anie 244 calderwood's historie 15G3. member of the kirk sould be troubled, and that for their counsell to be had," &c. To the which the Lord Lindsay, the Lairds of Kel- Avod, and Abbotshall, Cunninghamheid ; the Superintendents of An- gus, Fife, Lothiane, the West, and Galloway ; Mr Johne Row, Wil- liam Christesone, Mr Robert Hammiltoun, Mr Christopher Gud- man, ministers, with the most part of the Assemblie, made their declaratiomi, that they remembered verie weiU that the said Johne Knox would have had himself ex onered of the foresaid charge, and that the Assemblie woidd no wise suffer him to refuse the same, but that he sould continue as before, to advertise frome time to time, as occasioun sail be givin. TRIELL OF SUPERINTENDENTS AND COMMISSIONERS. In the triell of superintendents, the commissioners of Fife craved a dyett to be appointed, to give in complaints against their superin- tendent. For the present, it was compleaned, that he preached not at his visitatioun, but caused the minister of the kirk occupie the place. The Superintendent of the West was charged with negli- gence in extirpatioun of idolatrie. He layed the blame upon the duke and the Erie of Cassils. The Superintendent of Angus and Memes was compleaned upon, that no discipline was exercised in manie of the kirks of Angus and IMernes ; that there was no con- ventioun of elders and deacons at kirks, for censuring of faults ; that he preached not in his visitatiouns ; that being burthenned with the visitatioun of the north, he might not attend upon the charge alloted to him. The questioun, whether superintendents ought to preache in all the kirks where they did visite, was referred and discussed at the end of the Assemblie. The Superintendents of Lothiane and the West desired to be disburthenned of their superintendentships. Mr Robert Pont, Commissioner of Murrey, Innernesse, and Bamf ^ declared hoAV he had travelled in these parts, but confessed his ina- bilitie, in respect of the laike of the Irish tongue ; and therefore de- sired the Assemblie to appoint another, expert in the Irish tongue, to be commissioner. It was compleaned, that Mr Donald Monro, 1563. OF THE KIRK OF SCOTLAND. 245 Commissioner of Rosse, was not so apt to teache as his charge re- quired. Six of the number were appointed to trie his gifts, and to report to the AssembKe. The commissioners andbrethrein of Fife presented in the fyft sessioun a roll, wherein there were diverse complaints givin in against their superintendent. His answere was, that some of these things layed to his charge lay not in his power to amend. The compleaners were commended for their zeale, and the superintendent admonished to be diligent in preaching and ex- ecutioun of his office. The Superintendent of Lothiane craved li- bertie to returne to his first cure. The parochiners of Calder de- sired likewise that he might be suffered to returne, or elles demitt the personage to another, to serve the cure at their kirk. The As- sembKe answered as before, in Julie 1562. COMMISSIONERS OF PROVINCES. Commissions were renued for a yeere to Mr Robert Pont, to plant kirks frome Nesse to Spey ; to Mr Johne Hepburne, mi- nister at Brechin, to plant kirks in Bamf, from Spey to Etham, comprehending Strabogie land ; to Mr Patrik Consteane, minister at Seres, to plant kirks fi-ome Dee to Etham. Mr Robert Pont accepted the commissioun, with provisioun that he be not bur- thenned with kirks speaking the Irish tongue. ACTS. It was ordeaned, that ministers, cxhorters, readers, having manses, make residence at the same, and visite the sickc as they may ; and where the parish is great, that the minister crave the assistance of elders and deacons in the said visitatiouns. II. Tidching the buriall of the poore, it was ordeaned, that a beare sould be made in everie countrie parish, to carie the dead corps to the buriall place ; and that these of the village or houses 24G calderwood's hlstorie 1563. nixt adjacent to the liuus Avhere the dead lyeth, or a certane number of everie hous, sail convoy the dead corps to the buriall place, and burie it six foot under the earth ; and that everie superintendent requeist the lords and barons within his bounds to make an act in their courts tuiching this order, and caus their officers warne the neerest nighbours where the deed ly, to convoy it to the grave. in. Becaus superintendents ordeane diverse times notorious of- fenders to mak publick repentance in the kirk where the offence was committed, and yitt give not significatioun of the same to the ministers and elders of the congregatioun, wherethrough offenders may easilie escape the making of their repentance in due time ; therefore it was ordeaned, that when anie superintendent injoyneth anie persoun to mak publick repentance for anie offence, that he sail signifie to the parish what he ordeaneth to be done by the of- fender, to the end the ministers, elders, and deacons of the con- gregatioun may notifie againe to the superintendent whether the offender obeyeth his ordinance or not. SUPPLICATIONS. it was ordeaned, that superintendents sould present to the Lords of the Secreit Counsell the supplications of ministers, that order might be takin for payment of their stipends, speciallie where the thrids were remitted to the possessours by the queen's Majestic. Item, That supplicatioun be presented to the Lords of Secreit Counsell, that everie minister may have his stipend assigned in the bounds where he serveth. Item, That the act of parliament tuich- ing glebes and manses be more speciallie condescended upon. The noblemen and others present, for interesse, were required to conde- scend that the poore labourers might have the tithes of the ground for a reasonable compositioun, either in money or vlctuall, to be payed to the erles, lords, barons, and other tacksmen. The duke, Argile, Murrey, Marshall, Glencanie, Eothesse, Lord Areskine, Ruthven, Lindsay, and the comptroller, being present, consented Io6o. OF THE KIKK Ol- SCOTLAND. 24:7 for their OAvne parts. A full answere was deferred till a fuller con- ventioun. The superintendents were appointed to travell with the absents. THE BOOKE OF DISCIPLINE TO BE REVISED. In the fourth sessioun, the Erie Marshall, Lord Kuthven, Lord Secretare, the Commendatare of Kilwinning, the Bishop of Orkney, the Clerk of Register, the Justice-Clerk, Mr Henrie Balnaves, David Foresse, and Mr George Buchanan, or anie three or foure of them, were appointed to revise the Booke of Discipline, to con- sider the contents, to report their judgements in writt to the nixt Assemblie ; or, if a parliament be holdin in the meane time, to the Lords of the Articles, and to beginne at the farthest before the sLxt of Januar. MINISTERS CENSURED. Robert Ramsay was accused for entrie to the ininistrie without the Superintendant of Angus his admissioun ; for affirming there was a mid way betwixt Poprie and our religioun ; for borrowing money from the toun of Innernesse, upon cautioun, pretending he was to buy bookes, and not returning, nor paying the same. He was suspended from his ministrie till further triell were takin by the Superintendent of Fife. Alexander Jerdane, minister at Kil- spindie, notwithstanding he had maried a Avoman with whom he had committed fornicatioun, and made his publick repentance, was suspended frome the ministrie, till the nixt Assemblie advised far- ther. Other ministers, exhorters, or readers, of the north, not com- peering, were suspended, till farther triell were takin l)y some su- perintendent or commissioner to be sent to these parts. David Ray, minister of Forrest, compeering, was admonished to observe a decent order and forme in teaching, Avith suche gravitie as be- come preachers of God's Word ; and to folloAV the text, without in- vectives, othcrAvise than the text sould require rebooke of siunc. 248 calderwood's histoute 1564. M.D.LXIV. A VEHEMENT FROST. In Januarie, upon the 20th day therof, the rain falling freezed so vehementlie, that the ground Avas like a shott of yce. The fowles of the aire deed, and might not flee. In the same moneth the sea stood still, neither flowing nor ebbing the space of twentie-foure houres. MATHEW ERLE OF LENNOX RESTORED. This moneth Mathew Erie of Lennox was restored, in a publick conventioun, to his patrimonie. The queene intended not onlie to putt others out of hope of successioun, by his sonne Ilenrie, but also to oppose him against the Erie of Murrey. MUTUALL CANKETTIXG BETWEEN THE QUEENE AND THE LORDS. In the moneth of Februare, the 15tli and 18th day therof, were seene in the firmament as it were armeis joyned together, with speeres and other weapons. But the queene banketted the lords, to remove all suspicioun of displeasure for the patrocinie of Mr Knox. The lords banketted likewise the queene, and so bankett- ing continued till Fasting-Eve. The guard and the queen's kitchen were so gripping, that ministers could not gett their stipends, not- Avithstanding of the promises made by the Erie of Murrey, and the secretar in the queen's name, at the Assemblie before. MR CRAIG's publick REBOOK. Mr Craig, inveying against the corruptions of tlie time, said in publick sermoun, " Sometimes hypocrits were knowne by their disguised habits : Ave had men to be monkes, and Avcomen to be 15G4. OF THE KIRK OF SCOTLAND. 249 niinnes. But now we cannot discerne the evle from the abbot, nor the nunne from the noble woman. IJut seeing yee arc not ashamed of that professiomi, would to God yee had therewith the cowle, the vaile, and the rest belonging thereto, that yee might appeare in your owne colours !" Lcthington, in the audience of manie, gave himself to the devill, if after that day he sould regarde what sould become of ministers ; but sould doe what he might that his com- panions have a skaire with him, lett them barke and blaw als muche as they list. The flatterers of the court compleaned that men's persons wei'e so particularlie described, that all the world might tak notice of whom the preacher meant. It was answered, " Lett men be ashamed to offend publicklie, and then preachers sail ab- steane from particular descriptioun." Yitt would some of these courteours have beene reputed the cheefe pillers of the kirk within this realm e. MR KNOX DECLAMETH AGAINST LETHINGTON. The flatterers of the court day lie reproached the ministers : hap- pie w^as he who could invent the bitterest taunt, and disdainfuUest reproache. At lenth they begannc to jest at the terme idolatrie, affirming men knew not what they spake when they called the masse idolatrie. Some feared not to affirme, they would susteane the masse was not idolatrie. Mr Knox directing his complaint in publick to God, uttered these words : — " O Lord, how long sail the wicked prevaile against the just ? How long sail thou suflPer thyself, and thy blessed Evangell, to be despised by men — by men, I say, who will boast themselves defenders of the truthe ? We compleane not of thy manifest and open enemeis, but of suche as to whome thou hath reveeled thy light ; for now it is come to our cares, that cheefe professors will defend the masse to be no idola- trie. If so were, O Lord, miserablie have I beene deceaved, and miserablie have I deceaved thy people, which thou, O Lord, know- eth, I have ever abhorred more than a thowsand deaths. — But," said he, turning his face to the speekers, " if I be not able to prove 250 cali)Ki:av()oi/s iiistoiue 15(U. the masse to be the most abominable idolatrie tliat ever whs since the beginning of the world, I offer to suffer the punishment ap- pointed by God for a false teacher. And it appeareth to me," said he, " that the affirmcr sould be subject to the same law, for it is the truthe of God which yee persecute and blaspheme ; the inventioun of the devill, which, obstinatlie, against his Word yee mainteane : wherat, albeit yee now flirt and flyre, as thogh all that were spokin were but wind, yitt I am assvu'ed, as I am assured God liveth, that some that heare of this defectioun, and rayling against the truthe and servants of God, sail see God's judgements powred furth upon this realme ; speciallie upon you, who cleave fastest to the favour of the court, for the abominatiouns mainteaned by you." Albeit this vehemencie moved some to teares, yitt Secretare Lethington, in a mocking maner, said, " We must recant, and bume our bill, for the preachers are angrie." THE EIGHT GENEEALL ASSEMBLIE. The Generall Assemblie was holdin the 25th of Jimie, 1564. The invocation of the name of God, and exhortatioun, was made by Mr Knox. A CONFERENCE AVITH S03IE FEVv^ MINISTERS GRANTED TO THE COURT LORDS. The first day of the Assemblie, the courteours and lords depend- ing upon the court, conveened not with their brethrein. ]\Ianie woundering at this, an ancient and honorable baron, the Laird of Lundie, said, " Nay, I wounder not of their absence ; but I wounder that at the last Assemblie they not onlie Avithdrew themselves apart from us, but drew also from us some of our ministers, and Avould have them to conclude suche things as were never propouncd in publick assemblie, which appeareth to me to be a thing verie pre- judiciall to the libertie of the Assemblie. Therefore, in my judge- laG4. OF THE KIRK OF SCOTLAND. 251 nient, they sould be informed of the ofteiice, and huniblle reciuired, if they be brethrein indeid, to assist their brethrein with their pre- sence and coiinsell, for there was never greater need. If they pur- pose to fall backe from us, it were better w^e knew it now than afterward." Thereunto the whole Assemblie agreed, and gave commissioun to certan brethrein to declare their mindes to the lords, which was done after noone. The courteours at the first seemed not a little offended that they sould seeme to be, as it were, suspected of defectioun ; yitt the day following, they came to the Assemblie. But they drew themselves a little before apart, viz., the Duke, the Erles of Argile, Murrey, Morton, Glencarne, Mar- shall, Rothesse, the Master of Maxwell, the Secretare, the Justice- Clerk, the Clerk of Register, the Comptroller, and went in to the inner counsel-house. After short consultatioun, they directed Mr George Hay, then called the minister of the court, to desire the superintendents and some of the learned ministers to conferre Avith them. It was answered, they were conveened to deliberat upon the commoun effaires of the kirk, and therefore could not spaire suche men whose judgements were so necessarie, that without them the rest sould sitt as it were idle. Therefore, Avilled them as of be- fore, that if they professed themselves as members of this kirk, they would joyne with their brethrein, and would propoune in publick what they pleased : so tlicy sould have the assistance of the whole Assemblie, in all things which might stand with God's Word. But to send a certan number might breed rather hurt and slaunder than comfort ; for it was to be feared that all men would not stand con- tent with the conclusions, where the conference and reasons were heard but of a few. This answere was givin upon just reasoun ; for no small tra^ell was takin to draw some ministers to the factioun of the courteours, and to susteane their arguments and opiniouns. "VVlien it was perceaved by the most politick among them that they could not prevaile this way, they purged themselves that they had never meant to separate themselves frome the societie of the breth- rein. But becaus they had certan heeds to propone, they thought it more expedient, for avoiding of confusioun, to have conference 252 cai.derwood's historie 1564. with a few, than to propone in publick. The Assemblie still re- plyed, they would admitt no secreet conference in these heeds which sonld be concluded by generall vote. Tlie lords promised that no- thing sould be concluded, no vote asked, till both the propositiouns and reasons were heard and considered of the whole bodie. Upon that conditioun were dii-ected to them, with expresse charge to con- clude nothing without knowledge and advice of the Assemblie, the Superintendents of Angus, Fife, Lothiane, Mr Johne Roav, Mr Johne Craig, William Christisone, and Mr David Lindsay, mini- sters, and Mr George Hay. Johne Willocke was Moderator of the Assemblie, and Mr Knox attended upon the scribe, and therefore were appointed to stay still with the brethrein ; yitt, becaus the principall complaint concerned Mr Knox, he was also called. THE CONFERENCE BETWEEN THE LORDS AND SOME MINISTERS. The ministers forenamed being conveencd with the lords above- named, Secretar Lethington began with an harang, conteaning these heeds : First, How muche we Avere addebted unto God, by whose goodnesse we have libertie of religioun under the queen's Majestic, albeit she was not perswaded in the same. Secundarilie, How necessar a thing it was the queen's Majestic, by all good offices (so spake he) of the part of the Church, and ministers prin- cipallie, sould be interteaned in that constant opinioun, that they unfainedlie favoured her advancement, and procured her subjects to have a good opinioun of her. And last, How dangerous a thing it was, that ministers sould be noted, one to disagree from another, in forme of prayer for her Majestie, or in doctrine, concerning obe- dience to her authoritie. " And in these two last heeds," said he, " we desire you all to be circumspect ; but speciallie, we must crave of you, our brother Johne Knox, to moderat your self als Aveill in forme of prayer for the queen's Majestie, as in doctrine that yee propone concerning her estate and obedience. Neither sail yee tak this as spokin to your reproach e, {quia jievus mte?'dum in corpore 15G4. OF THE KIRK OF SCOTLAND. 253 imlchm ;) but becaus that others by your exemple may imitate the like libertie, albeit not Avith the same modestie and foresight." What opinioun that might engender in the hearts of the people, wise men doe foresee. The said Johne prepared for answcrc as followeth : MR KNOX HIS ANSWERS TO LETHINGTON. " If suche as feare God have occasioun to praise her, becaus idol- atrie is mainteaned, the servants of God despised, wicked men placed again in authoritie and honour, (Mr Henrie Sinclar was a short time before made president, Avho before durst not sitt in judgement ;) and, finallie," said he, " if we ought to praise God, be- caus vice and impietie overfloweth this whole realme without pun- ishment, then have we occasioun to rejoyce, and praise God. But if these and the like use to provoke God's vengeance against realmes and natiouns, then, in my judgement, the godlie within Scotland ought to lament and mourne, and so to prevent God's judgements, least that he, finding all in like securitie, strike in his bote indigna- tioun, beginning, perchance, at suche as thinke they offend not." " That is an heed," said Lethington, " wherinto yee and I never agreed : for, how are yee able to prove that ever God stroke or plagued a natioun or people for the iniquitie of their prince, if they themselves lived godlie ?" " I looked," said he, " to have had audi- ence till I had ended the other two parts ; but, seing it pleaseth your lordship to cut me off before the middest, I will answere to your questiomi. The Scripture of God sheweth me, that Jerusa^ lem and Judah were punished for the sinne of Manasseh. And, if yee will alledge that they were punished becaus they were wicked, and offended with the king, not becaus the king was wicked, I an- swere, that albeit the Spirit of God maketh for me, saying in ex- presse words, ' For the sinnes of Manasseh ;' yitt I will not be so obstinat as to lay the whole sinne, and plagues that therof followed, upon the king, and utterlie absolve the people ; but I will grant with you, that the whole people offended with the king. But how, and 254 calderwood's hlstokie 15G4, m what tkshioun, I feare that yee and I sail not agree. I doubt not but the whole multitude accompaneid him in all the abomina- tions which he did ; for idolatrie and a false religioun hath ever beene, is, and w-iH he, pleasing to the most part of men. But, to afErme that all Judah committed reallie the acts of his impietie, is but to affirme that which neither hath certaintie, nor yitt appear- ance of anie truthe. For, who can thinke it to be possible, that all those of Jerusalem sould so shortlie turne to externall idolatrie, considering the notable reformatioun latelie before had in the dayes of Ezekias ? But yitt, sayeth the text, ' Manasseh made Israel and the inhabitants of Jerusalem to erre,' Para, xxxiii. True it is ; for the one part, as I have said, willinglie folloAved liim in his idolatrie, and the other, by reasoun of his authoritie, suffered him to defile Jerusalem and the temple of God with all abominatiouns. And so were they all criminall of his sinne, the one by the act and deid, the other by suffering and permissioun ; even as whole Scotland is this day guiltie of the queen's idolatrie, and yee lords, especiallie, above others." " Weill," said Lethington, '' that is the cheefe heed wherln we never agreed ; but of that we sail speeke heerafter. ^Vliat will yee say, as tuichiug the moving of the people to have a good opi- nioun of the queen's Majestie, and as concerning obedience to be givin to her authoritie ; as also, of the forme of prayer which com- mounlie yee use ?" " My lord," said he, " more earnestlie to move the people, or yitt otherwise to pray than heertofore I have done, a good conscience will not suffer me. For He who seeth the se- creets of hearts knoweth that, privatHe and publicklie, I have called to God for her conversioun, and have willed the people to doe the same, showing imto them the dangerous estate wherin not onlie she herself standeth, but also the whole realme, by reasoun of her indured bUndnesse." " That is it," said Lethington, " wherin we find greatest fault : your exti*emitie against her masse, in particu- lar, passeth measm'e. Yee call her a slave to Sathan ; yee affirme, that God's vengeance hangeth over the realme becaus of her ini- quitie : and what is this elles, but to raise the hearts of the people 1564. OF THE KIKK OF SCOTLAND. 255 jigainst hei' Majestic, aud against them that heard ?" Then there was heard an exclamatioun of the rest of the flatterers, that suche extremitie could not profite. The Master of Maxwell said, in plaine words, " If I were in the queen's jMajestie's place, I would not suifer suche things as I heare." " If the Avords of the preachers (said Mr Knox) sail alwisc be rest in worst part, then it will be hard to S2)eeke anie things so circumspectlie (provided that the truthe be spokin) which sail escape the censure of calumniators. Tlie most vehement, and (as yee speeke) excessive maner of prayer that I use in publick, is this, ' O Lord, if it be thy good pleasure, purge the heart of the queen's Majestic frome the venome of idol- atrie, and deliver her frome the bounda;i;e and thraldome of Satan, into whicli she hath beene brought up, and yitt remaineth, for laike of true doctrine. And lett her see, by the illuminatioun of thy Holie Spirit, that there is no meanes to please thee but by tlesus Christ thy onlie Sonne ; and that Jesus Christ cannot be found but in thy Holie Word, nor yitt receaved but as it pre- scribeth ; which is, to renounce our owne witt, and pre-conceaved opinions, and worship thee as thou commandeth : that in so doing, she may avoide the cternaU damnatioun which abideth all obstinat and disobedient to the end, and that this poore realme may also escape that plague and vengeance which inevitablie foUoweth idol- atrie mainteaned against the manifest Word, and the open light therof.' This," said he, " is the forme of my commoun prayer, as yee yourselves can witnesse : now, Avhat is worthie rejirehensioun in it, I would heare." " There are three things," said Lethington, " that never liked me. And the first is, Yee pray for the queen's Majestic with a conditioun, saying, ' Illuminat her heart, if it be thy good pleasure ;' whereby it may appeare, that yee doubt of her conversioun. Where have yee the exemple of suche prayer ?" " Wheresoever the exem- ples are," said the other, " I am sure of the rule, which is this, ' If yee sail aske anie thing according to His Avill, he sail heare you.' And our Master, Christ Jesus, commandeth us to pray to our Fa- ther, ' Thy will be done.' " " But," said Lethington, " where ever 256 calderwood's histoeie 1564. found yee nuie of the prophets so to have prayed ?" " It sufficeth me," said the other, " my lord, that the Master and Teacher both of prophets and apostles, hath tauglit me so to pray." " But in so doing'," said he, " yee putt a doubt in people's hearts of her con- versioun." " Xot I, my lord," said the other ; " but her owne ob- stinat rebellloun causeth moe nor me to doubt of her conversioun." " Wherin rebelleth she," said he, " against God ?" " In all the ac- tiouns of her life," said the other, " but in these tAvo heeds espe- ciaUie : First, That she wiU not heare the preaching of the blessed EvangeU of Jesus Clu-ist : Secundarlie, That she mainteaneth that idol, the masse." " She thinketh not that rebellioun, but good re- ligiomi," said Lethington. " So thought they," said he, " that of- fered their childrein unto JMolech ; and yitt, the Spirit of God af- firmeth, that they offered them to devills, and not to God. And this day, the Turkes thinke they have a better religioun than the Papists have ; and yitt, I thinke, yee will excuse neither of both against God. Neither yitt justlie can yee doe the queene, unlesse yee will make God to be partiaU." " But yitt," said Lethington, " why pray yee not for her Majestic without a doubt ?" " Becaus," said the other, " I have learned to pray in faith. Now, faith, yee know, dependeth upon the Word of God ; and so it is that the Word of God teacheth me, that prayers profite the sonnes and daughters of God's electioun, of which number, whether she be or not, I have just occasioun to doubt. And, therefore, I pray that God would illuminate her heart, if it be his good will and pleasure." " But yitt," said Lethington, " yee can produce the exemple of none that so hath prayed before you." " Thereto have I alreadie answered," said Mr Knox. " But yitt for farther declaratioun I will demand one questioun, w^hich is this, Whetlier yee thinke that the apostles prayed themselves as they command others to pray ?" " AVho doubteth of that ?" said the whole companie who were present. " Weill then," said Mr Knox, " I am assured that Peter said thir words to Simon Magus, ' Repent therefore of this thy wickednesse, and pray to God, that if it be possible, the thought of thy heart may be forgiven thee.' Heere Ave may cleerelie see. 15G4. OF THE KIRK OF SCOTLAND. 257 that Peter joyneth a conditioun with his commandement, that Si- mon soiild repent and pray, to witt, if it were possible that his sinnes might be forgivin him ; for he was not ignorant, that some sinnes are unto death, and so without all hope of repentance or remissioun. And thinke yee not, my lord secretar," said he, " but the same doubt may tuiche my heart, as tuiching the queen's conversioun, that then tuiched the heart of the apostle ?" " I would never," said Lethington, " hearc you, or anie other, call that in doubt." '' But yom* will," said the other, " is no assurance to my conscience. And to speeke freelie, my lord, I Avounder if that yee yourself doubt not of the queen's conversioun ; for more evident signes of induratioun have appeared, and still doe appeare in her, than Peter outwardlie could have espied in Simon Magus. For, albeit some- times he was a sorcerer, yitt joyned he with the apostles, beleeved, and was baptized. And, albeit the venome of avarice remained in liis heart, and that he would have bought the Holie Ghost, yitt, when he heard the fearefuU threatning of God pronounced against him, he trembled, desired the assistance of the prayers of the apos- tles, and humbled himself (so farre as the judgement of man might pierce) like a true penitent. And yitt we see that Peter doubtetli of his conversioun. Why, then, may not all the godlie justlie doubt of the conversioun of the queene, who hath used idolatrie, which is no lesse odious in the sight of God than is the other, and still con- tinueth in the same ; yea, she despiseth all tlireatnlngs, and re- fuseth all godlie admonitiouns ?" " Why say yee, that she re- fuseth admonitioun ?" sayeth Lethington : " She will gladlle hears anie man." " But what obedience to God," said the other, " or to his Word, ensueth to all that is spokin unto her, or when sail she be scene to give presence to the publick preaching?" " I thinke never," said Lethington, " so long as she is thus in- treated." " And so long," said the other, " yee and all others must be content, that I pray so as that I may be assured to be heard of my God ; that is, that his good will may be done, either in making her comfortable to his Church, or, if that he hath ap- VOL. II. R 258 calderwood's historie 1564. pointed her to be a scourge to the same, that we may have pa- tience, and she may be bridled." " Weill," said Lethington, " lett us come to the secund heid. Where find yee, that the Scriptures caU anie the blind slaves of Sathan ; or that the prophets of God speeke of kings and princes so unreverently ?" " The Scripture," said IVIr Knox, " sayeth that by nature we are all the sonnes of wrathe. Our JSIaster, Christ Jesus, affirmeth, that suche as doe sinne are servants to sinne, and that it is the onlie Sonne of God who setteth men at freedome. Now, what difference is there betwixt the sonnes of A^a-athe, the servants of sinne, and slaves to Satan, I understand not, unlesse tliat I be taught. And if the sharpenesse of the terme offend you, I have not invented that phrase of specking, but have learned it fiirth of God's Scriptures. For these words I find spokin unto Paul — ' Behold, I send thee unto the Gentiles, to open their eyes, that they may turne from darknesse imto light, and frome the power of Satan unto God,' Acts xxvi. ]\Iark the words, my lord, and sturre not at the specking of the Holie Ghost. And the same apostle writting to his owne schoUer, Timotheus, sayeth, ' Instruct with meekenesse these that are contrarie miaded, if that God at anie time will give them repentance ; that they may know the truthe, and that they may come to amendiment, out of the snare of the de- viU, which are takin of him at his will,' 2 Tim. ii. If your lord- ship doe rightlie consider these sentences, yee sail not onHe find my words to be the words of the Holie Ghost, but also the condi- tioun which I use to adde, to have the assurance of God's Scrip- ture." " But they speeke nothing against kings in speciall," said Lethington ; " and yitt your continuaU crying is, ' The queen's idolatrie ! the queen's masse wiU provoke God's wrathe !' " " In the former sentences," said the other, " I heare not kings nor queens excepted ; but all imfaithfull are pronounced to stand in one ranke, and to be in boundage to one tyranne, the devill. But be- like, my lord," said he, " ye little regarde the estate wherin they stand, when yee would have them so flattered that the danger 15G4. OF THE KlllK OF SCOTLAND. 259 tlierof soidd neither be kiiowue, neither yitt declared to the people." " Where Avill yee find," said Lethingtou, " that anie of the pro- phets did so intreate kings, queens, riders, or magistrats ?" " In moe places than one," said the other. " Achab was a king, Jesa- bell was a queene, and yitt what the prophet Elias said to the one and the other I suppose yee be not ignorant." " That was not cried out before the people," said Lethington, " to make them odious unto their subjects." " That Ehas said, ' Doggcs sail licke the blood of Achab and eate the fleshof Jesabell,' Scriptures assure me ; but that it was whispered in theu' owne eare, or in a corner, I read not. But the plaine contrare appeareth to me, which is, that both the people and the court understood weill eneugh what the prophet had pronounced ;. for so witnessed Jehu, after that God's vengeance had stricken Jesabell." " These were singular motiouns of the Spirit of God," said Lethington, " and apperteane nothing to tliis age." " Then hath the Scripture farre deceaved me," said the other, " for Sanct Paul teacheth me that whatsoever is writtin within the Holie Scriptures, the same is writtin for our instruction. And my Master sayeth, that everie learned and wise scribe bringeth fm'th of his treasurie both things old and things new. And the Prophet Jeremiah affirmeth that everie realme or citie that likewise ofFendeth, as then did Jerusalem, sould likewise be punished. Why that the facts of the ancient prophets, and the fearefull judgements of God executed before us upon the disobedi- ent, apperteane not to this om* age, I neither see nor yitt can un- derstand. But now, to putt an end to this heed, my lord," said he, " the prophets of God have not spaired to rebooke wicked kings, als Weill in their face as before the people and subjects. EHsaeus feared not to say to King Jehoram, ' What have I to doe with thee ? Gett thee to the prophets of thy father, and to the prophets of thy mother ; for as the Lord of Hoasts liveth, in whose sight I stand, if it were not that I regarded the presence of Jehosaphat, King of Judah, I would not have looked towards thee nor scene thee.' Plain it is, that the prophet was a subject in the kingdom of Israel ; and yitt, how little reverence giveth he to the king ? In 260 calderwood's historie 1564. the secund of Jeremie, the prophet was commanded to crie to the king and the queene, and to say, ' Behave yourselves lowlie in jus- tice and judgement, or eUes your carcases sail be cast to the heate of the day, and to the frost of the night.' Of Sallum and Zedekias he speeketh in speciaU, and sheweth unto them, in his pubhck ser- mons, their miserable ends. And, therefore, yee ought not to thioke it strange, my lord," said he, " albeit the servants of God taxe the vices of kings and queens als weil as other offenders, and that becaus then- sinnes are more noysome to the commounwealth than are aU the sinnes of inferiour persons." The most part of this. reasoning Secretar Lethington leaned upon the breast of the Master of Maxwell, and said, " I am almost wearie : I would that some woiild reasoun in the cheefe heed, which is not yitt tuiched." Then the Erie of Morton, ChanceUer, commanded Mr George Hay to reasoun against Mr Knox, in the heed of obe- dience due unto magistrats ; who beganne so to doe. Unto whom Mr Knox said, " That yee sail reasoun in my contrare, I am weill content, becaus I know you are both a man of learning and of mo- destie. But that yee saU oppone yourself unto the truthe, wherof I suppose yom' owne conscience is no lesse perswaded than is myne, I cannot welU approve ; for I would be sorie that I and yee sould be appointed to reasoun, as two schoUers of Pythagoras, to shew the quicknesse of our ingyne, as it were, to reasoun on both parts. I doe protest heere before God, that whatsoever I susteane, I doe the same of conscience ; yea, I darre no more susteane anie propositioun knowne to myself untrue, than that I darre teache false doctrine in the pubUck place. And, therefore, brother, if conscience move you to oppone yom'self to that doctrine which yee have heard of my mouth in that mater, doe it boldlie ; it sail never offend me. But that yee sail be found to oppone yourself unto me, yee being per- swaded in the same tiaithe, I say yitt againe, it pleaseth me not ; for thereof may ai'ise greater inconveniences than either yee or I consider for the present." The said Mr George answered, " That I would oppone myself imto you, as willing to impugne or confute that heed of doctrine, which not onlie yee, but manie others, yea. 1564. OF THE KIRK OF SCOTLAND. 261 and I myself have affirmed, farre be it frome me, for so I sould be found contrarious to myself; for my lord secretare knoweth my judgement in that heed." " Marie," said the secretar, " yee are the weill worst of the two, for I remember yitt our reasoning when the queene was in the ca- binet. Weill," said Lethington, " I am somwhat better provided in this last heed than I was in the other two. Mr Knox," said he, " we heard your judgement upon the 13th to the Romans ; we heard the minde of the apostle weill opened ; we heard the cans why God established powers upon the earth ; we heard the neces- sitie that mankinde hath of the same, and we heard the duetie of magistrats sufficientlie declared. But in two things I was offended, and I thinke some of the lords that were present. The one was, yee made difference betwixt the ordinance of God and the persons that were placed in authoritie ; and yee affirmed that men might resist the persons, and yitt not offend God's ordinance. This is the first. The other yee had no time to explaine. But this me- thought yee meant. That subjects were not bound to obey their princes if they commanded unlawful things ; but that they might resist their princes, and were not ever bound to suffer." " In verie deed," said the other, " yee have both rightlie marked my words, and understood my minde ; for of the same judgement have I long beene, and so yitt I remaine." " How will ye prove your divisioun and difference ?" said Lethington ; " and that the persoun placed in authoritie may be resisted, and God's ordinance not transgressed, seing that the apostle sayeth, ' He that resisteth the powers resisteth the ordinance of God?' My lord," said he, " the plaine words of the apostle affirme that the powers are or- deaned of God, for the preservatioun of quiet and peaceable men, and for the punishement of malefactors. Wherof it is plaine, that the ordinance of God and power givin to man is one thing, and the person clothed with the power or authoritie is another : for God's ordinance is the preservatioun of mankinde, the punishement of sinne, and the mainteaning of vertue, which is in itself holie, just, constant, stable, and perpctuall. But men clothed with the autlio- 262 caldeewood's historie 1564. ritie are commounlie profane and unjust ; yea, they are mutable, transitorie, and subject to corruption, as God threatneth them by his prophet David, saying, ' I liave said yee are gods, and everie one of you the sonnes of the Most High ; but yee sail dee as men, and yee princes sail fall as others,' Ps. Ixxxii. Heere, I am assured, the persons, both soule and bodie, are threatned with death : I thinke that so yee will not affirme is the authoritie, the ordinance, and the power wherewith God hath endued suche persons as I have said. As it is hoHe, so it is the permanent will of God. Now, my lord, that the prince may be resisted, and yitt the ordinance of God not violated, it is evident. For the people resisted Saul, when he had sworne by the living God that Jonathan sould dee : the people, I say, swore in the contrarie, and delivered Jonathan, so that an haux. of his head fell not to the ground. Now, Saul was their owne anointed king, and they were his subjects ; and yitt, they resisted him, in that they made him no better than manswome." " I doubt," said Lethington, " if, in so doing, the people did Weill." " The Spirit of God accuseth them not of anie crime," said the other, " but rather praiseth them, and damneth the king, als Weill for his foolish vow and laAV made without God, as for his cruell minde, that so severelie wovJd have punished an innocent man. But in this I "will not insist. The same Saul commanded Aliimelech and the preests of the Lord to be slaine, becaus they had committed treasoun, as he alledged, by intercommuning with David. His guarde and principall servants would not obey his un- just commandements ; but Doeg, the king's flatterer, putt the king's crueltie in executioun. I will not aske your judgement whether the servants of the king, in not obeying his commandement, resisted God or not, or whether Doeg, in murthering the preests, gave obe- dience to a just authoritie ; for I have the Spii'it of God specking by the mouth of David, to assure me, als weill of the one as of the other. For he, in the fiftie-two Psalme, damneth the fact as a cruell murther, and affirmeth, that God would pvinishe not onlie the commander, but also the mercilesse executer. Therefore, I conclude, that the}' who withstood his commandement resisted not 1564. OF THE KIRK OF SCOTLAND. 263 the ordinance of God. Now, my lord, to answere to the place of the apostle, affirmmg that suche as resist the powers resist the or- dinance of God, I say, that by power in that place is to be under- stood, not the unjust commandement of men, but the lawfull power wherwith God hath armed his magistrats, as lieutenants, to punishe sinne, and to mainteane vertue. And if anie man sould enterprise to take frome the hands of the lawfull judge a murtherer, adidterer, or anie other malefactor deserving death by God's law, he resisteth God's ordinance, and procureth to himself vengeance and damna- tioun, becaus he stayeth God's sword to strike. But so is it not if men, in the feare of God, oppone themselves to the furie and blind rage of princes ; for so, they resist not God but the devill, who abuseth the sword and authoritie of God." " I understand sufficientlie," said Lethington, " what yee meane, and to the one part I will not oppone ; but I doubt of the other. For if the queene would command me to kill Johne Knox, becaus she is offended at him, I would not obey her. But if she would command others to doe it, or by colour of justice take his life frome hun, I cannot tell if I be bound to defend against the queene and her officers." " Under protestatioun," said the other, " that the auditors thinke not that I speeke in favours of my self, I say, my lord, that if yee be perswaded of my innocencie, and if God hath givin you suche power or credite, as thereby yee might de- liver me, and yitt suffer me to perish, that so doing yee sould be criminall and guiltie of my blood." " Prove that, and wonne the plea !" said Lethington. " The prophet Jeremie was apprehended by the preests and prophets, who were a part of the authoritie within Jerusalem, and by the multitude of the people. This sen- tence was pronounced against him : ' Thou sail dee the death, for thou hath said. This hous sail be like Siloah, and this citie sail be desolat without an inhabitant,' Jerem. xxvi. The princes hearing the uproare, came frome the king's hous, and satt doun in judge- ment, in the entrie of the new gate of the Lord's hous. There the preests and prophets accused him before the princes and before all the people, in these words, ' This man is worthie to dee, for he 264 calderwood's historie 1564. hath propheceid against this citie, as your eares have heard.' Jere- mie answered, whatsoever he had spokin proceeded from God ; therefore, said he, ' As for me, behokl I am in your hands ; doe with me as yee thinke good and right. But know yee for certane, that if yee putt me to death, yee sail bring innocent blood upon yourselves, and upon this citie, and upon the inhabitants therof ; for of truthe the Lord hath sent me unto you, to speeke aU these words.' NoAV, my lords, if the princes and the whole people sould have beene guiltie of the prophet's blood, how sail yee or others be judged innocent before God, if yee sail suffer the blood of suche as have not deserved death to be shed, when yee may save it ?" " The case is not alike," said Lethington. " And I would learn wherin the dissimilitude standeth," said the other. " First," said Lethington, " The king had not condemned him to death : Nixt, The false prophets, the preests, and people, accused him without a caus, and therefore could not but be guiltie of his blood." " Neither of these fighteth against my argument," said the other. " For albeit that neither the king was present, nor yitt had condemned him, yitt were his princes and cheefe rulers there sitting in judgement, who represented the king's person and authoritie, hearing the accu- satioun layed to the charge of the prophet. Therefore he fore- warneth them of the danger, as was said before, to witt, that in case he sould be condemned, and so putt to death, that the king, the counsell, and the whole citie of Jerusalem, sould be guUtie of his blood, because he had committed no crime worthie of death. If yee thinke that they sould all have beene criminall, onlie becaus that all accused him, the text witnesseth plainlie the contrare ; for the princes defended him, and so, no doubt, did a great part of the people : yitt he boldlie affirmeth, that they sould all be guiltie of his blood if he were putt to death. The prophet Ezechiel givcth a reasoun why aU are guiltie in a commoun corruptioun. 'Becaus,' sayeth he, ' I sought a man amongst them, that sould make up the hedge, and stand in the gape before me, for the land, that I sould not destroy it, but I found none ; therefore have I poured out myne indignatioun upon them.' Heere, my lord, it is plaine, that God 1564. OF THE KIRK OF SCOTLAND. 265 craveth not onlie that a man committ not iniquitie in his owne per- soLin, but also that he oppone himself, so farre as in him lyeth, to the iniquitie of others." " Then will yee/' said Lethington, " have subjects to controll their princes and rulers." " What harme sould the commoun wealth receave," said the other, " if the corrupt aifectiouns of igno- rant and godlesse rulers were moderated, and so bridled by the wisdome and discretioun of godlie subjects, that they doe no wrong nor violence to anie man ?" " All this reasoning," said Lethington, " is out of purpose ; for we reasoun as if the queene sould become suche an enemie to our religioun that she sould persecute and putt innocent men to death for it, which, I am assured, she never thought, nor never will doe. For if I sould see her beginne at that end, or if I sould suspect anie such thing in her, I sould be als fordward in that argument as yee are, or anie Avithin this realme : but there is no suche thing. Our questioun is, whether we may and ought to suppresse the queen's masse, or Avhether her idolatrie sail be layed to our charge ?" " What yee may," said Mr Knox, " by force, I dispute not ; but what yee may and ought to doe by God's com- mandement, that I can tell. Idolatrie ought not onlie to be sup- pressed, but the idolater ought to dee the death, unlesse we will accuse God." " I know," said Lethington, " the idolater ought to dee the death ; but by whom ?" " By the people of God," said the other; "for the commandement was made to Israel, as yee may read, ' Heare, O Israel, sayeth the Lord, the statuts and com- mandements of the Lord thy God.' Yea, commandements are givin, that if it be heard that idolatrie is committed in anie citie, that inquisitioun sail be takin ; and if it be found true, that then the whole bodie of the people saU arise, and destroy that citie, spairing neither man, woman, nor childe." " But there is no com- mandement givin to the people," said the secretare, " to punishe their king, if he be an idolater." " I find no priviledges granted to kings," said the other, " by God, more than to the people, to offend God's Majestic." "I graunt," said Lethington ; "yitt the people may not be judge to their king, to punishe him, howbeit he be an 266 calderwood's histoeie 1564. idolater." " God," said Mr Knox, " is a commoun judge, als weill to the king as to the people ; so that what his Word commandeth to be punished in the one, is not to be forborne in the other." " We agree in that," said Lethington : " but the people must not execute God's judgements, but leave it to himself; who will either punishe by death, by wan-e, by imprisonnment, or other kinde of plagues." " I know," said Mr Knox, " the last part of your reasoun to be true ; but for the first, to witt, that the people, or a part of the people, may not execute God's judgements against their king, being an offender, I am sure yee have no other warrant but your owne imaginatioun, and the opinioun of suche as feare more to offend princes than God." " Why say yee so ?" said Lethington : " I have the judgement of the most famous men in Europe, and of suche as yee yourself will confesse both godlie and learned." And Avitli that he called for his papers, which being exhibited by Mr Robert Matlane, he beganne to read with great gravitie the judgement of Luther, Melancthon, the mindes of Bucer, Mvisculus, and Calvine, liow Christians sould be- have themselves in time of persecutioun ; yea, the Booke of Baruch was not omitted. Then he concluded, that the gathering of these things had cost him more travell than he had takin these seven yeeres in reading of anie commentars. " The more pitie," said the other : " yitt what have yee profitted your owne cans lett others judge. As for my assertioun, I am assured yee have infirmed it nothing ; for your first two witnesses spake against Anabaptists, who denie that Christians sould be subject to magistrats ; which opinioun I no lesse abhorre than yee doe, or anie other living. The others speeke of Christians subject to tyranns and infidels ; so dis- persed, that they have no power but onlie to sobbe to God for de- liverance. That suche indeid sould hazard anie farther than these godlie men will them, I would not wittinglie be upon counsell. But my assertioun hath another ground. For I speeke of a people assembled together in one bodie of a commoun wealth ; unto whom God hath givin sufficient power, not onlie to resist, but also to sup- presse all kinde of open idolatrie. Suche a people, yitt againe I 1564. OF THE KIRK OF SCOTLAND. 267 affirme, is bound to keepe their land cleane and unpolluted. That this my divisioun may not appeare strange unto you, yee sail under- stand that God required one thing of Abraham and his seed, when he and they were pilgrims and strangers in Egypt and Canaan ; another thing frome them after their deliverance from the boundage of Egypt, and possessioun of the land of Canaan granted unto them. At the first, and during the time of their boundage, God craved no more but that Abraham sould not defile himself with idolatrie. Neither he nor his posteritie were commanded to destroy the idols that were in Canaan or Egypt. But when God gave unto them possession of the land, he gave unto them this strait commande- ment, 'Beware that thou make confederacie or league with the people of this land. Give not thy sonnes to their daughters, nor thy daughters to their sonnes. But this yee sail doe unto them : cutt doim their groaves, destroy their images, breake doun their altars, and leave you no kinde of remembrance of these abomina- tions which the inhabitants of the land used before : for thou art an holie people to the Lord thy God. Defile not thyself, there- fore, with their gods.' To the same commandement, I say, are yee, my lords, and suche as professe the Lord Jesus within this realm e, bound ; for God hath wrought no lesse miracle upon you, both cor- porallie and spirituallie, than he did upon the carnall seede of Ab- raham. For, in Avhat estate your bodeis and this realme were within these seven yeeres yee cannot be ignorant. Yee, and it both, were under the boundage of a strange natioun. And Avhat tyranns raigned over your consciences, it may be God yitt once againe lett you feele, becaus yee doe not rightlie acknowledge the benefite receaved. When our poore brethrein before us yeelded their bodeis to the flammes of fire for the testimonie of the truthe, and when skarse ten could be found in a countrie that rightlie knew God, it had beene foolishnesse either to have craved of the nobilitie or of the subjects the suppressing of idolatrie ; for that had beene nothing but to have exponed the simple sheepe as a prey to the woolfe. But, since God hath multipleid knowledge, yea, and hath givin the victorie to his truthe even in the hands of his servants, if 268 calderwood's historie 1564. yee suflPer the land againe to be defiled^ yee and your princesse sail di'inke the same cuppe of God's indignatioun ; she for her obstinat abiding in manifest idolatrie in this great light of the Evangell of Jesus Christ, and yee for your permissioun and mainteaning of her in the same." Lethington said, "In that point we will never agree. Where find yee, I pray you, that anie of the prophets or apostles taught suche doctrine, that the people soidd be plagued for the iniquitie of their prince ; or that subjects might suppresse the idolatrie of their riders, and punishe them for the same ?" " What was the com- missioun givin to the apostles, my lord ?" said he. " It was to preache and plant the Evangell of Jesus Christ, where darknesse be- fore had dominioun. Therefore, it behooved them first to lett them see the light, before they sould will them to putt to theii' hands to suppresse idolatrie. What precepts the apostles gave to the faith- full in particular, other than that they commanded all to flee frome idolatrie, I will not affii-me. But I finde two things that the faith- full did. The one was, that they assisted their preachers even against their rulers and magistrats ; the other, that they suppressed idolatrie whensoever God gave them force, asking no licence at the emperour, nor at his deputs. Read the ecclesiasticall historie, and yee saU find a sufficient number of exemples. As to the doctrine of the prophets, we know they spake as wedl to kings as to the people. I read that neither would hear them ; therefore came the plague upon both. But that they flattered kings more than they did the people I cannot be perswaded. Now, God's law pronounceth death, as before I have said, upon idolaters without exceptioun. Now, how the prophets could rightlie interprete the law, and show the causes of God's judgements, which ever they threatned sould follow idolatrie, and the rest of the abominatiouns which accom- panie it, (for it goeth never alone ; but ever a corrupt reHgioun bringeth with it a filthie and a corrupt life :) how, I say, the pro- phets could reprove these vices, and not show the people their duetie, I undei'stand not. Therefore I constantlie beleeve that the doctrine of the prophets was so sensible, that the kings understood 1564. OF THE KIRK OF SCOTLAND. 269 what were their owne abominatiouns, and the people understood what they ought to have done, in punishing and repressing the same. But becaus the most part of the people were no lesse rebellious against God than were their princes, therefore the one and the other were conjured enemeis against God and his servants. And yitt, my lord, the facts of some prophets are so evident, that easilie therof we may collect what doctrine they taught ; for it were no small mater to affirme that their facts sould repugne to their doc- trine." " I thinke," said Lethington, " yee meane of the historic of Jehu : what will yee prove thereby ?" " The cheefe heed," said Mr Knox, "which yee denie, to witt, that the prophets never taught that it apperteaned to the people to punishe the idolatrie of their kings, the contrarie wherof I affirme ; and for probatioun, I am readie to produce the fact of a prophet. For yee knoAV, my lord," said he, " that Elisasus sent one of the childrein of the pro- phets to anoint Jehu, who gave him a commandement to destroy the hous of his maister Achab, for the idolatrie committed by him, and for the innocent blood which Jesabell, his wicked wife, shed ; which he obeyed, and putt into executioun. For this, God pro- mised unto him the stabilitie of his kingdome to the fourth genera- tioun. Now," said he, " heere is the fact of a prophet proving that subjects were commanded to execute God's judgements upon their king and prince." " There is eneugh to answere," said Lething- ton ; " for Jehu was a king before he putt anie thing in executioun. Farther, the fact is extraordinar, and ought not to be imitated." " My lord," said the other, " he was a mere subject, and no king, when the prophet's servant came unto him ; yea, albeit his fellow captans, hearing of the message, blew the trumpet, and said, ' Jehu is king,' yitt I doubt not but Jesabell both thought and said that he was a traitour, and so did manic moe in Israel and Samaria. As tuiching that which yee alledge, that the fact was extraordinar, and not to be imitated, I say it had the ground of God's ordinarie judgement and command, which commandeth idolaters to be putt to death. Therefore, I yitt affirme that it is imitable, and to be 270 calderwood's historie 1564. followed by those who prefere the true honoiu", worship, and gloiie of God, to the affectiouns of the flesh and of wicked princes." " We are not bound to foUow extraordinarie exemples," said Le- thington, " unlesse we have like commandement and assm'ance." " I grantj" said the other, " if the exemple repugne to the law ; as if an avaritious and deceatfull man would borrow gold, silver, ray- ment, or other necessareis from his nighbour, and withliold the same, alledging, that so he might doe \vithout offence, becaus the Israelits, at their departiu-e out of Egypt, did so to the Egyptians : the exemple serveth him to no purpose, unlesse he could alledge the like cans, and the like commandement, becaus their fact re- pugneth to this commandement of God, 'Thou sail not steale.' But where the exemple agreeth with the law, and is, as it were, the executioun of God's judgement expressed in the same, I say, that the exemple approved by God standeth unto us in place of a com- mandement ; for as God in his nature is constant and immutable, so can he not damne the ages subsequent for that which he ap- proved before in his servants. But in his servants before us He, by his owne commandement, hath approved that subjects have not onlie destroyed their kings for idolatrie, but also have rooted out all their posteritie, so that none of their race was left after, to impyre above the people of God." " Whatsoever they did," said Lething- ton, " was done at God's commandement." " That fortifeith my assertioun," said the other ; " for God by his commandement hath approved that subjects punishe their Idngs for idolatrie and wicked- nesse committed by them." " We have not the like commande- ment," said Letliington. " That I denie," said the other ; " for the commandement that the idolater sail dee the death is perpetuall, as yee your self have granted. Yee doubt onlie who sould be the executers against the king. I say the people of God : and I have sufficientlie proven, as I thinke, that God hath raised up the people, and by his prophet anointed a king, to take vengeance upon the king and his posteritie ; which fact, since that time, was never retracted. Therefore, to me it remaineth for a constant and cleere commandement to all people professing the truthe, and having 15B4. OF THE KIRK OF SCOTLAJSfD. 271 power to punishe vice, what they ought to doe in the like case. If the people had interprised anie thing against God's commande- ment, we might have doubted whether they had done weill or evill. But seing God bringeth the executioun of his law in practise, after it was come in oblivioun and contempt, what reasonable man can doubt now of God's will, unlesse he will doubt of all things which God reneweth not unto us by miracles, as it were, from age to age ? But I am assured that the ansAvere of Abraham to the riche man, Avho, being in hell, desired that Lazarus, or some other from the dead, sould be sent unto his brethrein and freinds, to forewarne them of his incredible paines and torments, so to behave themselves that they come not to that place of torment — the answere, I say, givin to him, sail confound all suche as crave farther approbatioun of God's will than is alreadie expressed within his holie Scriptures. For Abraham said, ' They have Moses and the prophets ; whom, if they will not beleeve, neither will they beleeve albeit one frome the dead sould rise againe.' Even so, my lord, I say, that suche as will not be taught what they ought to doe by the commande- ment of God once givin, and once putt in practise, will not beleeve nor obey albeit God would send angels from heaven to instruct them." " Yee have produced but one exemple," said Lethington. " One sufficeth," said the other. " Yitt praised be God, we laike not other; for the whole people conspired against Aniaziah, king of Judah, after that he had turned away from the Lord ; pursued him to Lachish, and slue him, and tooke Uzziah, and annointed him king instead of his father. The people had not altogether forgot the league and covenant which was made betwixt their kings and them, at the inauguration of Joash his father; to witt, that the king and the people sould be the people of the Lord, and then sould they be his faithfull subjects. From which covenant, when first the father, and after the sonne declynned, they were both pu- nished to death, Joash by his owne servants, and Amaziah by the whole people." " I doubt, said Lethington, " whether they did Weill or not." " It sail be free to you," said the other, " to doubt 272 calderwood's iiistorie 1564. as yee please. But when I find executioun according to God's law, and God himself not to accuse the doers, I darre not doubt of the equitie of their caus. Farther, it appeareth to me that God gave sufficient approbatioun and allowance of their fact ; for he blessed them with victorie, peace, and prosperitie, the space of fiftie-two yeeres." " Prosperitie," said Lethington, " doth not alwayes prove that God approveth the facts of men." " Yes," said the other : " when the facts of men agree with the law of God, and are re- warded by God's owne promise expressed in his law, I say, that prosperitie succeeding the fact is a most infallible assurance that God hath approved the fact. Now, so it is, that God hath pro- mised in his law, when people sail exterminat and destroy suche as declyne from him, that he will blesse and multiplie them, as he promiseth unto their fathers. But so it is, that Amaziah turned from God ; the people slue him, and God blessed them. Therefore, yitt againe, I conclude, that God approved their fact, in so farre as it was done according to his commandement, and blessed them ac- cording to his promise." " Weill," said Lethington, " I thinke not the ground so sicker, as that I dm'st build my conscience therupon." " I pray God," said the other, " that your conscience have no worse ground than tliis, whensoever yee sail beginne a worke like that which God, in your owne eyes, hath alreadie blessed. Now, my lord," said he, I have but one exemple to produce, and then I will putt an end to my reasoning, becaus I wearie to stand longer." He was biddin sitt doun, but he refused, and said, " Melancholious reasouning would have some mirth intermixed. My last exemple, my lord, is this : — Uzziah the king, not content with his royall estate, mala- pertlie tooke upon liim to enter within the temple of the Lord, to burne incense upon the altar of incense ; and Azariah the preest went in after him, and with him eightie preests of the Lord, va- lient men. They withstood Uzziah the king, and said unto him, ' It apperteaneth not unto Uzziah to burne incense unto the Lord ; but to the preests, the sonnes of Aaron, who are consecrated to offer incense. Goe furth of the sanctuarie, for thou hath trans- 15G4. OF THE KIRK OF SCOTLAND. 273 gressed, and thou sail have no honour of the Lord.' Heerof", my lords, I conclude, that subjects not onlie may, but also ought to withstand and resist their princes, whensoever they doe anie thing expresslie repugnant to God's law or ordinances." "These Avho withstood the king were not simple subjects, but preests of the Lord, and types of Christ : suche persons have we none this day, to withstand kings when they doe wrong," said Le- thington. " That the High Freest was a type of Christ," said the other, " I grant. But that he was not a subject, I denie ; for I am assured, that he, in his preesthood, had no prerogative above these that passed before him. Now, so it is, that Aaron was subject to Moses, and called him his lord. Samuel being both preest and prophet, subjected himself to Saul, after that he was inaugurated by the people. Zadock bowed before David, and Abiather was deposed from the preesthood by Salomon. All these confessed themselves subject to their kings, albeit they ceased not to be figures of Christ. Where as yee say that we have no suche preests this day, I may answere, that as then kings were anointed at God's commandement, and satt upon the seate of David, were no lesse figures of Christ Jesus in their just ministratioun, than were the preests in their office. Suche kings, I am assured, we have not now, more than we have suche preests ; for Christ Jesus being anointed in our nature by God his Father, king, preest, and pro- phet, hath putt an end to all suche externall things. Yitt I thinke yee will not say, that God hath more diminished the graces of these whome he appointeth ambassaders betwixt him and his people, than he doth of kings and princes. Therefore, Avliy the servants of Jesus Christ may not als justlie withstand this day kings and princes ofi^ending God's Majestic no lesse than Uzziah did, I see not, un- lesse yee will say, that we in the brightnesse of the Evangell are not so straitlie bound to regarde God's glorie, nor yitt his com- mandement, as were the fathers, who lived under the darke shadows of the law." " Weill," said Lethington, " I will dippe no farther in that heed. But how resisted the preests the king ? They onlie spake to him, VOL. II. S 274 CALDERW001>'S HISTORIE 1564. without farther violence intended." " That they withstood him," said the other, " the text assureth me ; but that they did nothing but speeke, I cannot understand ; for the text aflSrmeth plainhe the contrare, to Avitt, that they caused him hastilie to depart out of the sanctuarie ; yea, that he was compelled to depart. Which maner of speeche, I am assured, in the Hebrew tongue importeth more than exhortatioun, or commanding by word." " They did that," said Lethington, " after he was espied to be leprous." " They with- stood him before," said the other. " But yitt their last fact con- firmeth my propositioun ; for my assertioun is this, that kings have no more priviledge than the people to offend God's Majestic : and if they so doe, that they are no more exempted from the punishe- ment of the law than anie other subject ; yea, and that subjects may not onlie lawfullie oppone themselves to their kings, whenso- ever they doe anie thing expresslie repugning to God's comman de- ment, but also that they may execute judgement upon them, ac- cording to God's law. So that, if the king be a murtherer, adul- terer, or idolater, he sould suffer according to God's law, not as a king, but as an offender. That the people may putt God's law in executioun, this historic proveth ; for how soone the leprosie was espied in his forehead, he was not onlie compelled to depart out of the sanctuarie, but was also removed frome all publict societie, and administi'atioun of the kingdome ; and compelled to dwell in a hous apart, even as the law commanded, and gott no farther prerogative in that case than anie other of the people sould have done. This was executed in part by the people ; for, no doubt, there were more witnesses of his leprosie than the preests. We find none op- pone themselves to the sentence of God, pronounced in his law against the leprous. Therefore, yitt againe say I, that the people ought to execute God's law, even upon their princes, when their knowne crimes by God's law deserve death, speciallie suche as may infect the rest of the multitude. Now, my lord, I will rea- soun no longer, for I have spokin more than I intended." " Yitt," said Lethington, " I cannot tell what may be concluded." " Albeit yee cannot," said the other, " yitt I am assured of that 1564. or THE KIRK OF SCOTLAND. 275 which I have provin, to witt, that subjects have delivered an inno- cent out of the hands of the king, and therin have not offended God : that subjects have refused to strike innocents when a king commanded, and, so doing, denyed no just obedience : that suche as stroke at the commandement of the king were reputed as mur- therers : that God not onhe hath of a subject made a king, but also hath armed the subjects against their naturall kings, and com- manded them to execute vengeance upon them, according to the law. And last, that God's people have executed God's law against their king, having no farther regarde to him in that behalfe than if he had beene the most simple subject within the realme. There- fore, albeit that yee will not understand what sould be concluded, yitt I am assured that God's people not onlie may, but also are bound to doe the same, where the like crimes are committed, and where he giveth them the like power." " Weill," said Lethington, " I thinke yee sail not find manie learned men of your opinioun." " My lord," said the other, " the tnithe ceasseth not to be the truthe, howsoever it be that men either misknow or withstand it : yitt," said he, " I laike not the counsell of God's servants in that heed." And with that he presented to the secretar the Apologia of Magdeburg, and willed him to read the names of the ministers who had subscrived, wherin the defence of the toun was justifeid as most lawfuU : and therwith added, that to resist a tyranne is not to resist God his ordinance. When Lethington had viewed the Apo- logie, he scripped and said, ^^ Homines obscuri:" the other answered, " Dei tamen serviJ" So Lethington arose and said, " My lords, yee have heard the reasouns upon both the parts : it becometh you now to decide, and to put an order to preachers, that they may be uniforme in doc- trine. May we, thinke yee, take the queen's masse from her ?" Whill as some beganne to give their votes, (for some were ap- pointed to be leaders to the rest,) Mr Knox said, " My lords, I suppose that your lordships will not doe contrare to your promise made to the whole Assemblic, which was, that nothing sould be voted in secreit till first that all maters be debated in publick ; and 276 calderwood's iiistorie 1564. that then the votes of the Assemblie sould put an end to the con- troversie. I have rather showin my conscience in simple maner, than insisted upon the force of anie argument. Therefore I, for my part, utterlie disassent from all voting, till that the whole Assemblie have heard the questioun and reasouns on both parteis ; for I un- fainedlie acknowledge, that manie in that companie are more able to susteane that assertioun than I am." " Thinlce yee it reasounable," said Lethington, " that suche a multitude as is now conveened sould reasoun and vote upon these heeds and maters, wliich concerne the queen's Majestie's OAvne persoun and eifau'es ?" " I think," said the other, " that whatsoever sould bind the multi- tude the multitude sould heare, unlesse they have resigned their power to their commissioners, which they have not done, so farre as I understand ; for my Lord Justice-Clerk heard them with one voice say, that in no Avise would they consent that anie thing sould be voted or concluded heere." " I cannot teU," said Lethington, " if the loi'ds heere present, and that beare the burthein of these ma- ters, sould be bound to their will. "V^Tiat say yee, my lords ? Will yee vote in this mater or not ?" After long reasouning, some made for the purpose, said, " Why may not the lords vote, and then show to the Assemblie whatsoever is done ?" " That appeareth to me," said Mr Knox, " not onlie a backward order, but also a tyrannicall usui-}3ation over the Assembhe. But as for me, doe as yee please," said he, " for as I reasoun, so I vote ; yitt protesting as before, that I disassent from all voting, tUl the whole Assemblie understand what the questioun and reasouns are." " Weill," said Lethington, " that cannot be done now, for the time is spent. Therefore, my Lord Chanceller," said he, " aske the votes at one of the ministers, and at one of us by com'se." So the Rector of Sanct Andrewes was first demanded. He said, " I refere it to the Superintendent of Fife ; for I thinke we are both of one judgement. Yitt," said he, " if yee will that I first declare what in conscience I judge, I thinke, that if the queene oppone herself to our religioun, which is the onlie true religioun, that in that case the nobilitic and states of the realme professing the same may justlie oppone themselves to her. 1564. OF THE KIRK OF SCOTLAND. 277 As concerning her masse, I know it is idolatrie ; yitt I am not re- solved, whether that by violence we may take it from her or not." The Superintendent of Fife, and others of the nobilitie, affirmed the same. Others voted franklie, that as the masse is abominable idol- atrie, so ought it to be repressed ; and that, in so doing, men did no more wrong to the queen's Majestic than these who sould by force tak from her a poysoned cuppe, when she was going to drinke it. At last, Mr Johne Craig, fellow minister with Mr Knox, was re- quired to give his vote, who said, " I will gladelie show unto your honours what I thinke. But I greatlie doubt whetlier that my knowledge and conscience sail satisfie you, seing yee have heard al- readie so manic reasouns, and are so little moved with them. Yitt I sail not conceale my judgment, adhering to my brother his pro- testatioun, to witt, that our voting prejudge not the libertie of the Generall Assemblie. I was," said he, " in the Universitie of Bo- nonia, in the yeere of our Lord 1553, where, in the place of the Blacke Friers of the same toun, I saw this conclusioun following sett furth in time of their Generall Assemblie, reasouned and de- termined : ' Principes onines tarn supremi, quam inferiores, possuntj et dcbent reformari vel deponi, per eos per quos eliguntur^ confirman- tur, vel adrnittuntur ad officium, quoties a fide prmstita subditis per juramentum deficiunt. Quoniam relatio juramenti suhditorum et prin- cipum mutua est^ ut utrinque ceqiiojure servanda et reformanda, juxta legem et conditionem juramenti ah utraque parte factV That is, ' All rulers, be they supreme or be they inferiour, may and ought to be reformed or deposed by these by whom they are chosin, confirmed, or admitted to their office, als oft as they breake their promise made by oath to their subjects ; becaus the prince is no lesse bound to subjects, than subjects are to princes. And therefore ought it to be keeped and reformed, equallie according to the law and con- dition of the oath, which is made of either partie.' This proposi- tioun, my lords, I heard susteaned and concluded, as I have said, in a most notable auditorie. The susteaner was a learned man, Thomas de Smola, Rector of the Universitie, a famous man in that 278 CALDERWOOJDS HISTOKIE 1564. countrie. Yincentius de Placeutia affii-med the assertioun to be most true and certane, agreeable both with the law of God and man. The occasioun of the disputatioun was a certane disorder and tyrannie attempted by the Pop's govemom's, who beganne to make innovatiouns in the countrie against the lawes fornierlie esta- blished, alledging themselves not to be subject to suche lawes, by reasoun they were not constituted by the people, but by the Pope, who was king of that countrie ; and, therefore, that having ftiU com- missioun and authoritie frome the Pope, they might alter and change statuts and ordinances of the countrie, without all consent of the people. Against this their usurped tyrannie, the learned among the people opponned themselves openlie. When all the rea- souns Avhich the Pop's governours did alledge were heard and con- futed, the Pope himself was faine to take up the controversie, and to promise that he not onlie sould keepe the libertle of the people, but also that he sould neither abrogat anie law or statute, nor mak anie new law without their owne consent. Therefore," said Mr Craig, " my vote and judgement is, that princes are not onlie bound to keepe lawes and promises to their subjects, but also, that if they faile they may be justlie deposed ; for the band betwixt the prince and the people is reciprock." Then start up a claw-backe of the corrupt court and said, " Yee know not what yee say, for yee tell us Avhat was done in Bononia. Wee are in a kingdome, they are in a commoun wealth." " My lord," said he, " everie kingdome is a commoun wealth, or at least sould be, albeit everie commoun wealth is not a kingdome. There- fore, I thinke, that in a kingdome, no lesse diligence ought to be used, that lawes be not violated, than in a commoun wealth ; be- caus the tyrannie of princes who rule in a kingdome is more hurt- fiill to the subjects than the misgovernement of these who, from yeere to yeere, are changed, in free commoun wealths. To assure your lordships yitt farther, that heed was disputed to the uttermost. In end, it was concluded and interpreted, that they spake not of suche things as were done in diverse kingdoms and natiouns, by tyrannie and negligence of the people, ' but Ave conclude,' say they, 1564. OF THE KIRK OF SCOTLAND. 271) ' what ought to be done in all kingdoms and comuioun wealths, ac- cording to the law of God, and just lawes of men. And if, through the negligence of the people, or by tyrannic of princes, contrarie lawes have beene made,yitt may that same people, or their posteritie, justlie crave all things to be reformed, according to the originall institutioun of kingdoms and commoun wealths : and suche as will not doe so deserve to eate the fruict of their owne foolishnesse.' " Mr James Makgill, then Clerk-Register, perceaving the votes to be different, and the plainnesse and libertie of Mr Craig, said, " I remember this questioun was long debated before this time in my hous ; and there, by reasoun we were not all of one miude, it was concluded, that Mr Knox sould write in all our names to Mr Cal- vine, to require his judgement in this controversie." " Nay," said Mr Knox, " my lord secretare he w^ould not consent, alledging that the answere would depend muche upon the narrative ; and therefore promised that he would write, and that I sould see it. But when diverse times I required him to remember his promises, I found nothing but delay." " True it is," said Lethington, " I promised to write, and that Mr Knox required me diverse times so to doe. But when I had deepelie advised and considered the weight of that mater, I beganne to find moe doubts than I did before, and among the rest this : — How durst I, being a subject, and the queen's Majestie's secretare, take upon me to seeke resolution of controver- seis, depending betwixt her Highnesse and her subjects, without her owne knowledge and consent ?" Then was there an acclama- tioun of the claw-backes of the court, as if ApoUo had givin his re- sponse. " Weill," said Mr Knox, " let worldlie men praise Avorld- lie wisdome als muche as they please : I am assured that by suche shifts idolatrie is mainteaned, Christ his truthe is betrayed, for the which, God one day will be avenged." At this and the like sharp- nesse, manie offended, the voting ceassed, and everie factioun spake as affectioun moved them. In end, Mr Knox was againe desired to write to Mr Calvine, and to the learned in other kirks, to know their judgement in that questioun. He refused with this reasoun : — " I am not onlie fulHc resolved in conscience myself, but also I 280 CALDEIiWOOD's IIISTORIE 1564. have had tJie judgements in this and all other tilings Avhich 1 have mainteaned within this realme, of the most godlie and learned that be knowne to be in Em'ope. I came not to this realme -without their resolution ; and for my better assurance I have the hand- Avritt of manie. If I sould move the same questioun againe, what sould I doe, but either shew my owne ignorance or forgetfulnesse ? And, therefore, it may please you to pardoun me, albeit I doe write not. But I wlU shew you a surer way : write, and compleane upon me, that I have taught and mainteaned constantlie suche doctrine as ofFendeth you ; so sail yee know their mindes plainlie, whether they and I agree in judgement or not."' Divers said the offer was good ; but no man was found to take it in hand. So that meeting brake up. After this time, the ministers who were called precise were holdia by the courteours as monsters. All this time, the Erie of Mun-ey was so frem^ to Mr Knox, that nather by word nor by writt was there anie communicatioun betwixt them. Mr Knox endeth tins Fourth Booke of his Historic with this conference. ARTICLES AXD PETITIONS. It was thought good in this Assemblie, and conforme to the acts made before the queen's Majestic her arrivall, and approved since her arrivall, that Clu'ist's true religioun be de novo established, ra- tifeid, and approved throughout the whole realme ; and that all idol- atrie, speciaUie masse, be abolished everie where, so that no other face of religioun be suffered to be erected within this realme. And for this effect, that the ministrie be sufficientlie provided with main- tenance, and sure appointment, where they sail take up their sti- pends. In like maner, to desire that the transgressors of the saids lawes be punished, speciallie in Aberdeen, the Karse of Gowrie, SeyfeUd, and other places Avhich sail be specifeid. The Lairds of Lundie, Abbotshall, Spott, Elphinston, Wedderbume, Fadownside, Carnall, Kerse, Kelwod, Craig, Gairleis, Mr George Gordoun, and ' Foreign, strange. 1504. OF THE KIEK OF SCOTLAND. 281 the Proveist of Dundie, were appointed to present these articles to the Lords of Secreit Counsell. The Erles of Murrey, Ai-gile, Glen- carne, and the Secretare, being present, and sent by the queene, to observe what things were propoimed in the Assemblie, thought not good the articles sould be propouned after that maner, but drew out two heeds. First, They would declare the good minde and obedience of the Assemblie. Nixt, They would labour at her Grace's hands for establishing religioun, according to the order established before her arrivall. They promised also to deal with her for sett stipends. Lethington returned a gracious answere to these heeds. It was appointed that a requeist sould be presented to the queene, for obteaning the gift of the friers' kirk of Kirkudbright, to be lioldin heerafter the parish kirk of Kirkudbright. ACTS. It was concluded, that no minister placed in anie congregatiouu sail leave the same, and passe to another, without knowledge of the flocke, the superintendent, or whole Assemblie ; and that the caus be considered by the suj^erintendent or the Assemblie, whether it be lawfull or not. Mr Patrik Constane craving licence to passe to other countreis for a time, to acquire increasse of knowledge, was inhibited to leave his congregatiouu without licence of the Assem- blie. A COMMISSION TO CONFER UPON CAUSES ECCLESIASTICALL. In the fyft sessioun it was concluded, that the Superintendents of Angus, Lothiane, Fife, and the West ; Mrs Johne Roav, George Hay, Robert Pont, Christopher Gudman, Johne Knox, Johne Craig, George Buchanan, Johne Rutherforde, Thomas Drummond, Robert Hammiltoun, Clement Littell, the Lairds of Lundie, El- phinston, Carnall, Kerse, Abbotshall, conveene the day following, after scrmoun, to conferre ancnt the causes appertcaning to the 282 calderwood's iiistorie 1564. jurisdictioun of the kirk, and to report their judgements to the nixt conventioun. THE COMPLAINT OF THE LABOURERS OF THE GROUND. The labourers of the ground compleaned of the rigourous exac- tioun of the tithes. The Erie of Murrey, Johne Maxwell of Tarr- gles. Knight, the Erie of Menteith, the Lords Lindsay and Uehil- tree, the Secretare, the Lau'ds of Kerse and Letham, Alexander Bishop of Galloway, and the gentlemen of the west, promised to be content of money or victuall, as indifferent men sould modifie. Commissioun givin in the preceding Assemblie to visite the hos- pitall of Glasgow, was takin a compt of. Commission is givin to trie the expediencie of the removall of a minister from one place to another. A soliciter is chosin for the actions of the kirk, to be pleaded before the Lords of Counsel! and Sessioun. Ministers are censured, or commissioun givin to censure them. Commissioners of provinces continued for a yeere, or appointed of new. Mr Knox is appointed to visite the kirks of the north, and to remaine there six or seven weckes, becaus the north parts were destitute of super- intendents and commissioners. THE NYNTH GENERAL ASSEMBLIE. The Generall Assemblie conveened at Edinburgh, the 25tli of December, in the upper tolbuith. Mr Knox made the exliorta- tioun. Johne Areskine of Dun, Superintendent of Angus, was chosin Moderator. TRIELL OF SUPERINTENDENTS AND COMMISSIONERS. In the triell of superintendents and commissioners, it was de- manded by some brethrein, whether the Commissioners of Gallo- way and Orkney might both duelie exerce the office of a Super- intendent and office of a Lord of the Colledge of Justice. It was 1564:. OF THE KIRK OF SCOTLAND. 283 ordeaned, that no questioim sould be propouned till the cffaires of the Assemblie were ended ; and that then it be presented in writt. And if, for shortnesse of time, it coidd not be decided before the end of the Assemblie, that the decisioun be referred to the super- intendent of the bounds where the questioun ariseth, and a certane number of ministers within his bounds, as he sail choose to assist him ; and that their reasons be reported in writt to the nixt As- semblie. ARTICLES AND PETITIOUN. The articles following were ordeaned to be presented to the Lords of Secreit Counsell, that they may crave answere from the queen's Majestic. First, The Assemblie humblie required their honours to signifie to the queen's Majestic, that the transgrcssers of the edicts published against hearers and sayers of masse, and abusers of the sacraments, are become so manie, that it may be greatlie feared that judgements sail suddanlie foUow, except re- meed be provided in due time. Secimdlie, To require payment to ministers of their stipends for the times bypast, according to the promise made ; and to lett the Assemblie know how the ministers sail be susteaned in times to come. Thridlie, To require superin- tendents to be placed where none are as yitt placed, to witt, in the Merce, Tiviotdaill, Forrest, Tweddaill, and the rest of the dailes in the south ; Aberdeen, and other parts in the north. Fourthlie, To require suche to be punished as have shoot the doores of parish kirks, and would not open the same to preachers presenting them- selves to preache the Word ; as at Paisley, Aberdeene, Tirray, Dupline, and Aberdegie, &c. Fyftlie, To require of the queen's Majestic Avhat the Assemblie sould looke for, tuiching provisioun of benefices vacant and to vaike, &c. Sixtlie, By what meanes the ministers sail come to the possessioun of their manses and gleebes, whether they be sett in few or not. Lastlie, That the Act tuich- ing reparatioun of kirks might be putt in executioun. 284 calderwood's historie 1564. ACTS. It was ordeaned, that everie minister, exhorter, and reader, sail have one of the Psalmes bookes latelie printed in Edinbnrgh, and use the order conteaned therin, in prayers, mariage, and ministra- tion of the sacraments. 2d, Item, That no minister sail admitt to publict repentance per- sons relapsed the thrid time in fomicatioim, drunkennesse, or the like crime ; but that he send them to the superintendent of the diocie where the crime is committed, and that they cause the of- fender satisfie the Kirk for the offence committed, als manie dayes, and in that forme that the superintendent sail thinke good. COMMISSION FOR VISITATION OF KIRKS. Persons nominated for electioun to the Superintendentship of Aberdeen, m December 1562, were again putt in leits, that edicts might be served, and the person chosin might be inaugurated. Su- perintendents were appointed to try ministers, exhorters, readers ; suspend for a time, or depose for anie crime, ignorance, or other in- sufficiencie, in the bounds of other superintendents, as was aUoted to them by the AssembHe. Mr Knox was appointed to visite the kirks of Fife, Stratherne, Gowrie, and Menteith. It was ordeaned that these visiters report their diligence to the nixt Assemblie in writt. ANSWERE TO PAUL METHVEN'S SUPPLICATION. The Assemblie was content to receave Paul Methven to publict repentance, providing he presented himself personallie, and obeyed the forme which sould be injoyned to him ; but would not delete the processe led against him out of their bookes, nor admitt him to the ministrie within this realme, tiU his former offence were buried in oblivioun, and some particular congregatioun requested for him. 1565. OF THE KIRK OF SCOTLAND, 285 The Assemblie willed the presenters of the supplicatioun to signific unto hhn, that they were greevouslie offended that he, being cx- coinmnnicated and unreconciled, had entered in the ministrie with- in England. M.D.LXV. LORD DARLY COME HOME. Henrie Lord Darly, sonne to the Erie of Lennox, came to Scot- land about the middest of Februarie, having obteaned licence for three moneth from Queen Elizabeth. Muche talke there was of the apparaunt raatche betwixt the queene and him. The nobilitie repyned not, providing Queene Elizabeth consented. Queene Elizabeth did not so muche repyne at the matche, as provide that the cariage of the bussinesse might seeme cheefelie to depend upon her. DAVID RIZIO HIS CREDIT IN COURT. David Rizio, commounlie called among us Seigneur Davie, not being interteaned in the Duke of Savoye's court as he wished, came with the Duke of Savoye's ambassader, Moret, to Scotland, who left him heere at court, having no need of his service. He had some skill in musick. His father was an instructer of schollers in that art. He purchased favour among the musicians and fidlers, the most part Avherof were Frenchemen. He insinuated himself so in the queen's favour, that he not onlie overtopped all the rest of his fellowes in credite, but also was preferred to be her secretar in forraine effaires ; and upon that occasioun was oft tymes in secreit with the queene. Sindrie of the nobles attended upon him, and convoyed him to and fro. The Erie of Murrey signifeid by his verie countenance, that he disdained him, wherat not onlie the seigneur, but also the queene herself, was offended.' To strenthen ' The behaviour of other Scotish noblemen towards the Italian upstai't was still 28C calderwood's historie 1565. himself against these who hated hhin, he insinuated himself in the favours of Lord Darly so fan-e, that they would ly some times in one bed together. He assureth him, that by his procurement the queene had fastenned her eyes upon him. He did what he could to sow dissensioun betwixt Lord Darly and the Erie of MuiTcy. The erle percearing how matters went, and that his admonitions were not regarded, left the court. The queene was weill content ; for she intended now to strenthen herself by a factioun of the no- bilitie, that she might accomplishe her designes. For this cans, the Erie Bothwell was called home out of France, Sutherland out of Flanders, George Erie of Huntlie restored. THE ERLE OF MURREYES DEATH CONTRIVED. The Erie Bothwell had conspired against the Erie of Murrey. He is accused by the erle. When the queene could not disswade him from pursuing, she terrifeid sindrie noblemen, by her letters, from keeping the day of law" ; yitt Bothwell, conscious of his owne guiltinesse, diu'st not abide the triell. The favour caried by the people to the Erie of Murrey was a mater of great displeasure to the queene. His death was contrived after this maner. He was to be called for to Sanct Johnstoun, where the queene was resident for the time. Lord Darly sould enter in conference with him, and a little after, as offended -with his free speeches, sould fall in chyd- ing with him. Then sould Seigneur Davie give him the first stob, and others follow, tiU he were dispatched. The erle, advertised by some freinds at court, holdeth on notwithstanding in his journey, tUl Patrik Lord Lindsay disswaded him. Then he turned off the way to Lochlevin, and fained as if he had beene sicke. Becaus some freinds came to visite him, the biniite was spread incontinent, that he stayed there to intercept the queene and Lord Darly, Avhen more unequivocal. — " Some of the nobilitie (says Melvil) would frown upon him ; others would shoulder and shoot hira by, when they entered the queen's chamber, and found him alwayes speaking with her." — Sir Jamen Melvil' s Memoirs, t^. 107. Ediu. 1735. 15G5. OF THE KIRK OF SCOTLAND. 287 they Avere to returne to Edinburgh. The feilds are searched. How- beit there was no appearance of anie suche thing, the queene came to Edinburgh in all haste, as if there had beene some imminent and certane danger. THE TENTH GENERALL ASSEMBLIE. The Generall Assemblie conveened at Edinburgh in the neather tolbuith, the 25th day of June, where exhortation being made by the Superintendent of the West, he was chosin Moderator. PETITIONS. The nobilitie who were present were requeisted to be humble suters to her Highness, for execution of the Acts latelie made against the violaters of the Sabbath, committers of adulterie and fornicatioun. Everie superintendent was desired to sute for com- missiouns to judges within their jurisdictions, to punishe the com- mitters of the saids crimes according to the tenor of the saids lawes and acts. Item, To compleane, that the tithes assigned before in some parts for payment to ministers, were givin by her Grace to some gentlemen, and to understand her Grace's will theranent. The Superintendents of Angus and the West, Christopher Gud- man, and Mr Johne Row, minister at Perth, were appointed to forme some articles to be presented to the queen e's Majestic, which they did, in tenor as followeth : — Imprimis, That the papisticall and blasphemous masse, with all Papistrie and idolatrie, and Pope's jurisdictioun, be universallie suppressed and abolished throughout the realme, not onlie in the subjects, but also in the queene's Majestie's owne person ; and all persons which sail be deprehended to transgresse or offend in the same be punished : and that the sincere Word of God and true re- ligioun now received may be established, ratifeid, and approved throughout the whole realme, as weill in the queene's Majestie's owne person as in the subjects, without anie impediment; and 288 calderavood's iiistorie 1565. that the people be astricted to resort, upon the Lord's day at least, to the prayers and preaching of God's Word, as they were astricted before to the idolatrous masse : and these heeds to be established by Act of Parliament, with consent of the Estats, and the queene's Majestie's ratificatioun. Secundlie, That sure provisioun be appointed for sustentatioun of the ministrie, als Aveill for the time present as for the time to come ; and that suche persons as are presentlie admitted have their stipends assigned unto them in the places where they travell, or, at the least, in the nixt adjacent, that they have no occasioun to crave the same at the hands of others : and that the benefices now vacant, or that have vaiked since the moneth of Marche 1558, or that heerafter sail happin to vaike, be dispouned to qualifeid per- sons, able to preache God's Word, and discharge the office of the ministrie, according to the triell and admissioun of their superin- tendents ; and that no bishoprick, abbacie, pryorie, nor deanerie, provestrie, or anie other benefices, having manie kirks annexed to them, be dispouned whoUie in time to come to anie one man ; but that, at least, the kirks therof be severallie disponed to severall persons, that everie one having charge may serve at his owne kirk, according to his vocatioun; and to this effect, that the gleebes and manses be givin to ministers, that they may make residence at their ku'ks, and discharge their conscience in the exercise of their call- ing : and also, that the kirks may be repaired accordinglie ; and that a law be made and estabHshed for this effect. Thridlie, That none be permitted to have charge of schooles, coUedges, or universiteis, or yitt privatlie or publiclie instruct the youth, but suche as shall be tried by the superintendents or visiters of the kirk, found sound and able in docti'ine, and admitted by them to their charges. Fourthlie, For sustentatioun of the poore, that all lands founded for hospitalitie be restored againe to the same use; and that all lands, annuel rents, or anie other emoluments perteaning anie wise some time to the friers, of whatsoever order they have beene of, or annuel rents, alterages, obits perteaning to preests, be applyed to 3 1565. OF THE KIRK OF SCOTLAND. 289 the sustentatioun of the poore, and upholding of schooles, In the touns and other places where they ly. Fyfthe, That suche horrible crhnes as now abound in this realme without correctioun, to the great contempt of God and his holie Word, as idolatrie, blaspheming of God's name, manifest breache of the Sabboth-day, witchecraft, sorcerie, and inchantment, adul- terie, incest, Avhoordome,"maintenance of brothells, murther, slaugh- ter, reafe, spoilzie, with manie other detestable crimes, may be se- verelie punished ; and judges appointed in everie province or dio- cie, with power to execute, and that by Act of Parliament. Lastlie, That some order be devised and established for the ease of the poore labourers of the ground, concerning the reasonable payment of their tithes, now rigourouslie exacted without their advice and consent. Walter Lundie of that Ilk, William Cuninghame of Cuninghame- heid, William Durhame of Grange, George Hume of Spot, James Baron, burgesse of Edinburgh, were appointed to present these articles to her Highnesse, and to report an answere before the dis- solving of the Assemblie, if they may convenientlie : if not, to re- port to the eldership of Edinburgh, that they may signifie the samine to the superintendents. AN ACT DEPENDING UPON THE PETITIONS. Becaus sindrie ministers desired libertie to remove to places des- titute of the Word, where they might be susteaned by the godlie, it was ordeaned, that no minister, exhorter, or reader, placed pre- sentlie at anie kirk, sail attempt to remove till answere be receaved againe from the queene's Majestic to the articles directed to her ; and that after, none remove without the advice of the superintend- ent of his diocie, and his license in writt, under the paine of de- privatioun. VOL. II. 290 CALDERWOOD'S HISTORIE 1565. QUESTIONS DECIDED. Adam Bishop of Orkney, Maisters Johne Craig, Christopher Gudman, Johne Row, George Buchanan, and Robert Pont, were ordeaned to conveene apart everie morning, to decide questions propouned, or to be propouned ; and to report their decisions to the Assemblie, that the samine may be insert in the register. They reported their decisions in the thrid sessioun. They determined, that parteis proceed not orderlie in mariage, who nather obteane the consent of their parents, nor make sute to the sessioun of the kirk, to concurre with them in their lawfull proceedings. Item, That no minister ought to injoy anie benefice or stipend belonging to anie kirk, except he remaine at the said kirk, to discharge his office. And if he be transplanted by the Assemblie or superintend- ent to another congregation, whereby he may not discharge his charge in both, that he be deprived of the one benefice or stipend, providing he be sufficientlie answered of one stipend. Item, Though it was not found contrarie to the Word of God, that a man abusing his father's brother's daughter seven yeeres, and begetting childrein upon her, may marie her, yitt becaus it hath not beene accustomed in this realme, and diverse inconveniences may ensue upon this libertie, it was referred to the civill magistrat, or to a parliament ; granting libertie, notwithstanding, to the persons in whose name the questioun was propouned, to joyne in mariage, after their pub- lict repentance, provyding it be not a preparative to others, till farther order be takin by the civill magistrat. Tuiching the re- queist of the commissars of Edinburgh, that everie minister or reader sould have a register of the names of the deceassed in the parish where they dwell, the day of the moneth, and the yeere, and deliver the copie therof to the Procm^ator Fiscall, that pupills and creditors be not defrauded ; it was answered, they could not lay suche a charge upon their brethrein, in respect none or few of the mmistrie had manses or gleebes to make residence. But how 1565. OF THE KIRK OF SCOTLAND, 291 soone they obteaned theii* manses, they sail desire them, as they sail be required, to doe conforme to the said requeist. MINISTERS CENSURED. Ministers compleaned upon in this Assemblie were to be tried and censured for these offences following : viz., for not repairing to the exercise of prophecie, or not repairing to Synodall and Generall Assembleis ; or for not ministring the communioun for six yeeres bypast ; or for deserting their flocke, and not discharging their office. THE QUEENE MARIED TO LORD DARLT. When the time of the queen's mariage drew neere, that there might be some show of publick consent, a great number of the no- bilitie were conveened at Stirline ; but suche as either would will- ingly consent, or durst not contradict. Manie assented, upon con- ditioun that no alteratioun be made in religioun : manie assented without anie suche exceptioun. AndrcAv Lord Uchiltrie professed plainlie he would never assent that anie of the Popish faction sould be their king. The Erie of Murrey perceaving that libertie of voting would be restrained, and fearing troubles might ensue if the Queene of England did not consent, absented himself from the conventioun. Yitt had he promised to procure her consent, pro- viding sufficient suretie were made for religioun. Muche dispu- tation there was among men about her mariage. Some thought after the death of her first husband, she ought to have the like li- bertie that weomen of low degree have. Others said, the case was not like, becaus in choosing herself a husband she choosed also a king to the realme ; and that it was more equitable that the people sould choose a husband to one woman, than one woman a king to all the subjects. There came an ambassader out of England, in Julie, to expostulat, that they being so neere of kin to his mistresse, and in equall degree of consanguinitie, sould precipitat the mariage 292 calderwood's histoeie 1565. without her consent ; and to admonishe them to weygh more deepelie so weightie a mater. "When this ambassader had efFec- tuat nothing, Sir Nicolas Throgmorton was sent to recall the Erie of Lennox and his sonne, under the paine of forfaultrie of all they had in England, in respect the time of their licence was expu^ed. But they insisted in their purpose. In the meane time, to dimi- nishe the disparagement of the matche, she caused Lord Darly be proclamed Duke of Rothesay and Erie of Rosse ; or, as others write, first made him knight, afterward Lord Ardmannoch, Erie of Eosse, Duke of Rothesay. Witches in both the realmes had fore- told, that if the mariage were celebrated before the end of Julie, both the realmes sould reape great benefite thereby ; if otherwise, great inconveniences would follow. A day was sett, before which it was bruited the Queene of England sould dee ; which savoured rather of consphacie than soothsaying. Our queene herself feared her imcles would cast in some impediment if it wei-e delayed. But Seignem' David assured them, that both the father and the sonne were zealous Catholicks, of a noble familie, great freindship and superioritie, weill beloved in both the realmes ; so there was no impediment more feared that way. The Bishop of Dumblane was sent to Rome for a dispensatioun, becaus the queene and Darly were in the secund degree of consanguinitie ; which was obteaned. The mariage was solemnized upon the 27th of Julie. They were proclamed the day following in Edinburgh, Henrie and Marie, King and Queene. THE CHASE-ABOUT ROAD. Not onlie manie of the nobilitie, but also of the commouns, were offended, that by the voice of an herald, at the queen's commande- ment. Lord Darly sould have been proclamed king without con- sent of the estats in Parliament. The number of malcontents was the greater, becaus manie of the nobilitie were absent, or did not countenance either the mariage or the proclamatioun : viz. the Duke ofChatelerault, theErles of Argyle, Murrey, Alexander Erie of Glen- 15G5. OF THE KIRK OF SCOTLAND. 293 carne, Andrew Erie of Rothesse, the Lord Uchiltree, and sindrie others. Heralds were sent to call them in. They refuse, and are condemned to banishment. The king and queene goe to Glasgow with foure thowsand men, to persue so manie rebells as remained at Paisley. An herald was sent, to command the castell of Hammiltoun to be delivered. The Hammiltons breathed nothing but crueltie. No assured peace could be had in their judgement but by cutting off both king and queene ; " For the inimitie of kings," said they, " could not be extinguished but by death." The Erles of Murrey and Glencarne knowing verie weill the Hammiltons aimed at their owne particu- lar profite, and abhorring their governement and all crueltie, per- sAvaded to a mylder course, for the king and queene had not yitt committed anie suche crimes as tended to the overthrow of the commoun weale, but suche as might be cured by gentler remedeis. Farther, they were perswaded there were manie in the other campe would endevoure to procure peace and reconciliatioun. The Ham- miltons departed malcontent ; the duke himself, with other sixteene of his freinds, remained with the noblemen. They goe to Hammil- toun, frome thence to Edinburgh, to consult farther. The captan of the castell shooteth daylie at them. Their freinds were not able to conveene with suche speed as was requisite. At the instant re- queist of Johne Lord Hereis, they went out ofEdinbm-gh toDum- freis.^ The king and queene retm'ne to Glasgow, where the Erie of Lennox was made Wardane of the West Marches. They returne to Stirline, and therafter make their progresse through Fife, where noblemen and barons were compelled to sweare and promise assist- ance, if there came anie armie frome England. Some were fynned, some confynned, as they favoured the lords. The goods and mov- ables of suche as had fled to England were made a prey. About the 9th of October the king and queene went with an armie to Dum- freis. The Lord Hereis cometh furth to meete the queene, as it were to interceed for the lords ; but he treated for a part of the patrimonie which belonged to his father-in-law, which he obteaned. He returneth to the lords, showeth to them he cannot helpe them, ' For the declaration of the lords at Dumfries see Appendix, letter A. 294 calderwood's historie 15t)5. adviseth them to flee to England, and promiseth to follow and joyne his fortouns with theirs, so soone as he could sett his efFaires in or- der. So the duke, the Erles of Murrey, Glencarne, Rothesse, the Lord Uchiltrie, the Abbot of Kilwinning, the Lau'd of Grange, Cunninghamheid, Pittarrow, Mr James Halyburton, Tutor of Pit- cur, and others, went to Carlill, where they were receaved courte- ouslie by the Erie of Bedford, then Lieutenant of the North. The king and queene returne about the end of October. This road was called the Chase-about Road. The lords went from Carlill to New- castell : frome thence the Erie of Murrey and the Abbot of Kilwinning were sent to the Queene of England, to intreate her intercessioun, which she promised, but could not obteane favour. The duke sent after the Abbot of Kilwinning, with letters to the queene, wherin he submitted himself, and so obteaned pardoun to him and his freinds, and licence to passe to France, there to remaine the space of five yeeres. THE ELEVENTH GENERALL ASSEMBLIE. The Generall Assemblie was holdin at Edinburgh, in the upper tolbuith, the 25th of December. Johne Areskine of Dun, Super- intendent of Angus, was chosin Moderator. THE TRIELL OF SUPERINTENDANTS AND COMMISSIONERS. In the triell of superintendents and commissioners, the Superin- tendent of Angus confessed he had not visited anie kirk these two moneths bypast; but withaU alledged, that his visitatioun could not be verie profitable, in respect it behoved him to loodge, in time of visitatioun, with his fireinds for the most part, who had most need of correctioun and discipline. Therefore he besought the As- semblie to provide some other to that office. But Alexander, Com- missioner of Galloway, excused his not visiting with the building of his nephewe's hovis. 1565. OF THE KIRK OF SCOTLAND. 295 THE queen's ANSWERES TO THE PETITIONS OF THE FORMER ASSEMBLIE. Follow the answeres givin by the queen's Majestic to the articles presented to her Grace, by the Commissioners of the Assemblie, holdin in June last by past. To the first, desiring the masse to be suppressed and abolished, als Weill in the head as in the members, with punishement of the controveeners, &c., as alsua that religioun now professed be esta- blished by Act of Parliament, it is answered : — First, For her Majestie's owne part, that her Hignesse is no wise yitt perswaded of the truthe of our religioun, nor that anie impietie is in the masse ; and therefore beleeveth that her loving subjects will in no wise preasse her to embrace anie religioun against her owne conscience, and so draw her upon perpetuall unquietnesse and remorse of conscience. And to deale plainlie with her subjects, her Majestic neither will, nor may forsake the religioun wherin she hath beene nourished and brought up, and beleeveth to be weill- grounded ; knowing, that besides grudge of conscience which may be wrought by change in religioun, that she sail lose the freindship of the King of France, the ancient allya of this realme, and of other great princes, her freinds and confederats, who would take it in evill part, of whome she may looke for support in all her necessiteis. And having no assurance of anie thing that may countervaUe the same, she will be loath to hazard the freindship of her freinds in one instant ; beseeching all her loving subjects, seing they have had experience of her goodnesse, that she neither hath in times bypast, nor yitt meaneth heerafter, to preasse the conscience of anie man, but to suffer them to worship God in suche sort as they are per- swaded to be best, that they will also not prease her to offend her owne conscience.'^ ' Yet Mary, as appears by a'letter from the Earl of Bedford, ambassador at the Scottish court, addressed to Sir William Cecil, was earnestly employed in alluring- the courtiers back to the Romish faith. " The queenc (he writes) there useth 296 calderavood's histoeie 1565. As for establlshino- of relio-ioun in the whole bodie of the realme, that they themselves know, as appeareth weill by their articles, that it cannot be done by her assent onlie, but requireth necessarilie the consent of the three estats in parKament. Therefore, so soone as the parliament sail hold that wherupon the three estats sail agree among themselves, her Majestie sail graunt, and ahvayes assure, that no man sail be troubled for behaving himself in religioun ac- cording to his conscience, or that anie man's life or heritage sail be in hazard for religion. As to the secund article, it is answered, that her Majestie think- eth it no wise reasonable, that she sould defraud herself of so great a part of the patrimonie of the crowne, as to denude her OA\Tie hands of the patronages of benefices ; for her owne necessitie, in bearing her port and commoun charges will require, that she reteane them in her owne hands. Nothelesse her Majestie is weill pleased, that consideratioun being had of her owne necessitie, a speciall assigna- tion be had to ministers, for then- reasonable sustentatioun, in places most commodious for them, where with her Majestie sail not intro- mett. To the thrid article, her Majestie sail doe therin as sail be agreed upon by the estats of parliament. To the fourth article, her Majestie's liberalitie towards the poore sail be alwayes als faiTe extended as can be reasonablie required at her hands. To the fyft and sixt article, her Majestie refen-eth the ordering to the parliament. THE REPLIES TO HER ANSWERS. Mr Johne Row, minister at Sanct Johnstoun, was appointed to some speeche to some, and other she useth to take them by the hands, to leade them with her to masse." The blundering zeal of her husband must have counteracted, rather than seconded, her efforts ; for Bedford adds, " The Lord Darneley sometyme would shutt up the noblemen in chambres, thereby to bringe them to heare masse ; but suche kinde of persuasions take no place with them." 1565. OF THE KIRK OF SCOTLAND. 297 pennc a reply to these answeres, becaus they satisfeid not the As- semblie ; and to present the same in writt to the Assemblie, to be considered, before it be presented to the queen's Grace. The re- ply penned and approved followeth : — " First, Where her Majestic answereth, that she is not persAvaded in our religion, nor understandeth anie irapietie to be in the masse, but that the same is "vveill grounded, etc., this is no small greefe to the hearts of her godHe subjects, considering that the trumpet of Christ's Evangell hath beene so long bloAvne in this countrie, and His mercie so plainlie offered in the same, that her Majestic re- maineth yitt unpers waded of the truth of this our religioun. For our rcligioun is nothing elles but the same which Christ Jesus in the last dayes reveeled frome the bosome of his Father, wherof he made his apostles messingers, and which they preached and established among the faithfull, to continue till the secund comming of our Lord Jesus Christ. Which differeth from the impietie of the Turkes, the blasphemie of the Jewes, the vaine superstitioun of the Papists, in this, that our religion onlie hath God the Father, his onlie Sonne Jesus Christ oiu- Lord, his onlie Spirit speaking in his prophets and apostles, for authors therof, and their doctrine and practise for the ground of the same ; which no other religion upon the face of the earth can justlie challenge, or plainlie prove. Yea, whatsomever assurance the Papists have for their religion, the same have the Turkes for the maintenance of their Alcaron, and the Jewes farre greater warrant for the defence of their ceremoneis, whether anti- quitie of time, consent of people, authoritie of councels, great numbers or multitude consenting together, or anie other like clokes they can pretend. Therefore, as we are dolorous that her Majestic is not perswaded of this our religioun, so most reverentlie we require, in the name of the Eternall God, that her Highnesse would em- brace the meanes whereby she may be perswaded of the truthe, which we presentlie offer to her, als weill by preaching of the Word, which is the cheefe meane appointed by God to perswade all his chosin childrein of his infallible veritie, as by publict dispu- tation against the adversareis of this our religion, deceavers of her ^98 calderwood's historie 1565. Majestic, whensoever her Grace sail think it expedient. As for the impietie of the masse, we darre be bold to affirme, that in that idol there is great impietie ; yea, it is nothing eUes but a masse of impietie, from the beginning to the end. The author, the sayer, the action itself, the opinion conceaved therof, the hearers and gazers upon it, avow sacrilege, pronounce blasphemie, and committ most abominable idolatrie, as we have ever offered and yitt offer to proA^e evidentlie. And where her Majestic feareth that the change of religion sail dissolve the confederacie and alliance she hath with the King of France and other princes, etc. — assuredlie, Christ's true religioun is the undoubted meane to knitt up surelie perfyte confederacie and freindship with Him Avho is King of all kings, and who hath the hearts of aU princes in his owne hands ; which ought to be more pretious to her Majestic than the confede- racie of all the princes of the earth, without which, neither confe- deracie, love, nor kindnesse can endure. "Concerning her Majestie's answere to the secund article, where as she thinketh it no wise reasonable to defraud herself of the pa- tronages of the benefices, which her Majestic esteemeth to be a portioun of her patrimonie ; and that her Majestic is minded to re- teane a good part of the benefices in her owne hands, to susteane commoun charges, etc. To the first point, it is not our meaning that her Majestic or anie other patron within the realme sail be de- frauded of their just patronages. But we meane, that whensoever her Majestic or anie other patron doth present anie persoun to anie benefice, that the person presented sail be tried by learned men in the kirk, suche as presentlie are the Superintendents appointed for that use. And as the presentatioun of the benefices perteaneth to the patron, so the collatioun, l)y law and reasoun, perteaneth to the kirk, wherof the kirk sould no more be defrauded than the patrons of their presentatioun. For otherwise, if it sail be leasome to pre- sent absolutelie whome they please, without triell or examinatioun, what then may we looke for but meere ignorance, without all order in the kirk ? As to the secund point, the reteaning of a good part of the benefices in her owne hands, it abereth so farre from good 15(35. OF THE KIRK OF SCOTLAND, 299 conscience, the law of God, and the comnioun law and publlct or- der, that we are loath to open up the ground of the mater by manic circumstances. Therefore we most reverentlie wishe that her Ma- jestic would consider the mater with herself and her wise counsell, that howsoever the patronages of benefices may apperteane to her- self, yitt the reteaning of them in her owne hands, undispouned to qualifeid persouns, is ungodlie, and contrare to all publict order ; and, finallie, confusioun to the poore soules of the commoun people, who, by this meanes, are provided Avith teachers to instruct them in the way of salvatioun. And, where her Majestic concludeth in her secund answere, that she is content that a sufficient and reasoun- able sustentatioun be appointed for ministers, by assignations in places most commodious, consideration being had of her owne ne- cessitie ; as we are verie desirous that her Grace's necessitie be re- leeved, so our duetie urgeth that we notifie to her Grace the right order which sould be observed by her in this behalfe, which is this : The tithes are to be reputed properlie the patrimonie of the kirk, wherewith, before all other, these that travell in the ministrie, and the poore indigent members of Christ's bodie, ought to be susteaned, kirks repaired, and the youth brought up into letters. Which things being done, other necessiteis may be reasounablie suppleed, according as her Grace and godlie counsell sail thinke expedient. Alwise, we cannot but thank her Majestic most reverentlie for her liberall offer of assignatioun to be made to ministers for their sus- tentatioun. Which not the lesse is conceaved in so geiierall termes, that without condescending more specialKe upon the particulars, no executioun can follow therupon. And so, to conclude at this pre- sent, we desire earnestlie her Majestie's answere to the saids articles to be reformed ; beseeching God, that as they are reasonable and godlie in themselves, so her Majestic and the estats presentlie con- veened may be inclynned and perswaded to approve and accom- plishe the same." 300 calderwood's historie 1565. petitions. The Lord Lindsay, and David Murrey, brother to the Laird of Balvaird, were appointed to present a suppHcatioun in name of the Assemblie to the queene and counsel!, for payment of ministers' stipends, and for order to be takin, that suche as putt violent hand in ministers for reproving of vice ; that suche as have receaved as- signations of their bygane stipends from the former collectors may have execution of their assignations ; and that assignatioun be ap- pointed, as was promised in her Highness' last answers to the pe- titions of the Assembhe. ACTS. It was ordeaned, that the superintendent call the disobedient mi- nister, exhorter, or reader before him, and some of the neerest dis- creet ministers ; and ifj being convicted of disobedience, he refuse to satisfie according to their injunctions, that he be suspended from his ministrie and stipend till the nixt Assemblie ; at the which the superintendent sail notifie the whole proceeding, that by their cen- siu-e he may be farther corrected, or elles restored to his former estate, according to the evidence of his repentance ; providing the ku-k be provided in the meane time by the superintendent. 2. That everie superintendent within his OAvne bounds inquire diligentlie if ministers and exhorters having stipends, manses, and gleebes, teache the youth in countrie parishes ; and if they doe not, that he corapell them to doe the same, under the paine of re- moval!, and others to be placed in their rowme. 3. That all persons which have heeretofore joyned themselves to the kirk, and after revolt, offering their childrein to be baptised by Popish preests, or receaving the abominable sacrament of the altar, or approving in anie sort Popish wickednesse, after due admonition givin by the superintendent of the diocie, or principal! reformed kirk, sail be excommunicated, if no repentance be offered. 4. That no minister celebrat the mariage of two parteis dwelling 1565. OP THE KIRK OF SCOTLAND. 301 without his parish, without sufficient testimoniall of the minister or ministers from whom they are come, that their bannes were or- derHe proclamed, and no impediment found, under the paine of de- positioun from his office, losse of his stipend, and other punish- ments, as the General] Assemblie sail thinke good. 5. It was found that, according to God's Word, none might marie his wife's brother daughter, or wife's sister daughter ; and that, if anie such mariage was contracted, the samine ought to be null. QUESTIONS DECIDED. Sir Johne Bellendine of Auchinoull, knight, Justice-Clerk, Mr James MakgUl of Rankeillour Neather, Clerk of Register, Mr Johne Spence, Advocat, Mr Thomas Makcalzeane, Maisters Johne Row, Johne Craig, William Christesone, David Lindsay, ministers, and David Forrest, were appointed to conveene upon Wednesday, to decide questions, and to report answers. They reported their de- cisions as followeth : " 1. That no minister, receaving sufficient sustentatioun for preaching of the Evangell, may with safe conscience leave his flocke, or the place appointed for his ordinar residence, whatsoever patrocinie or oversight he have, through corruptioun often times, or negligence of rulers, so to doe. "2. Seing our Master pronounceth that he is but a raercenarie, who seing the woolfe comming, fleeth for his owne safeguarde, and that the verie danger of life cannot be a sufficient excuse for suche as fall backe, we no wise thinke it lawfull that suche as have putt their hand to the pleugh sail leave that heavenlie vocatioun for in- digence and povertie. They may lawfuUie leave an unthankful! people, and seeke where Christ Jesus his holie Evangell may bring furth good fruict ; but lawfullie they may not change their voca- tiovm. "3. Whensoever fearefuU crimes are committed, as murther, adulterie, or the like, if it be in the countrie, the minister, reader, or 302 calderwood's historie 1565. exhorter of that place, or, if there be none there, the minister of the place nixt adjacent, ought to give significatioun of the fact to the superintendent of that diocie ; who, without delay, ought to direct his summouns, to charge the persons slaundered to compeere be- fore hun at a certane day and place. Or, if they be committed in touns or burghes, where order is established, the sessioun therof to call the offenders accused or suspected ; who, if they compeere, or either alledge just defence, or show themselves unfainedlie peni- tent, then may the superintendent, or khk reformed, without the superintendent, dispense somewhat vnth the rigour of the punish- ment, secluding the offender onlie from participatioun of the sacra- ments, till farther triell of his repentance; and that their sentence be pronounced in the kirk where the offence is kno"svne. But if the offender be stubbome, if he compeere not, or shew himself little tuiched with his offence, then ought the superintendent, with ad- vice of the nixt reformed kii'k, decerne him or them to be secluded from all participatioun or communicatioun with the faithfull mem- bers of Christ. If the person or persons secluded from the sacra- ment be negligent in seeking reconcHiatioun with the kirk, behave themselves insolentlie, or otherwise than becometh penitent per- sons, the kirk, after admonitioun, may proceed to the uttermost. "4. When childrein, baptized by a Papistical! preest, or in Pa- pisticall maner, come to the yeeres of understanding, they sould be instructed in the doctrine of salvatioun, and what is the corruptioun of Poperie, which they must publicldie damne, before they be ad- mitted to the Lord's Table. Wliich if they doe, they need not the extemall forme to be reiterated ; for no preest ministreth baptisme without water, and the forme of words, which are the principall ex- ternall parts of baptisme. We ourselves were baptized by Popish preests, whose coiTuptions and abuses noAv we damne, cleaving onlie to the simple ordinance of Jesus Christ, and to the veritie of the HoUe Spirit, which maketh baptisme to worke in us the proper effects therof, without anie iteration of the externall signe. If suche childrein come never to knowledge of true doctrine, they are to be left to the judgement of God. 1565. OF THE KIRK OF SCOTLAND. 303 "5. As for oppressours of childrein, their civill punishement ought to be ordeaned and appointed by the civill magistrat. As for the slaunder, the offenders ought to be secluded from participa- tioun of the sacraments, till they have satisfied the kirk, as sail be injoyned. " 6. Persons lying in fornication, under promise of mariage, which they differe to solemnize, sould satisfie publicklie in the place of re- pentance, upon the Lord's Day, before they be maried." MINISTERS CENSURED. Mr Patrik Creigh, minister of Eathow, was ordeaned to make satisfaction in the kirk of Edinburgh two severall Sab both dayes, and upon the thrid, in the kirk of Dummenie, for celebrating ma- riage betwixt Kobert Patersone and Jonet Littill, in Dummenie kirk, without proclamatioun of bannes, or satisfactioun made to the kirk of Edinbm^gh, according to the decreit of the last Assemblie. MINISTERS APPOINTED TO TRIE THE COMPLAINT OP A SUPERINTENDENT. It was ordeaned, that according to the complaint of the Superin- tendent of Fife, Johne Melvill, minister at Craill, sould be inhi- bited to proceed to the solemnizatioun of mariage betwixt Robert Amot and Ewphame Corstorphine, till Mr Johne Dowglas, Rector of the Universitie, and Mr James Wilkie, regent, trie the super- intendent's complaint, and the other woman's claime, alledging the said Robert's promise ; giving them power to pronounce sentence, and to proceed to censure against the disobedient. Heere yee may see, the superintendent's complaints were tried by others than su- perintendents. A PUBLICK FAST INDICTED. Mr Johne Craig, one of the ministers of Edinburgh, Mr Johne 304 calderwood's historie 1565. Dowglas, Rector of the Universitie of Sanct Andrewes, Mr Robert Melvill, Deane of Aberdeene, William Christesone, minister at Dundie, Mr David Lindsay, minister at Leitb, Mr Gilbert Gardin, minister of Monyfuth, ISIr Thomas Makcalzeane and Johne Mar- joribanks, commissioners of Edinburgh, were appointed to collect the causes of a publict fast. They declared the necessitie of a pub- lict fast in the fourth or last sessioun. Therefore the Assemblie ordeaned Mr Knox and Mr Johne Craig, ministers of Edinburgh, to sett doun the forme of the exercise which was to be used at the fast, and to caus Robert Lickprivick print it. This treatise of fasting is extant in our Psalme bookes. The causes mentiouned at that time were these following; : First, Becaus that, in the beginning, they had not refused God's graces, but contrariwise, with such fervencie receaved them, that they could beare with no kinde of impietie ; and, for suppressing of the same, had neither respect to freind, possessioun, land, nor life, but putt all in hazard, that God's truthe might be advanced, and idolatrie suppressed. But now, since carnall Avisdome had per- swaded them to beare with manifest idolatrie, and to suffer the realme, which God had once purged, to be polluted again with that abominatioun ; (yea, some whom God had sometimes made instru- ments to suppresse that impietie, had beene cheefe men to conduct and convoy that idol throughout all the quarters of the realme, yea, to the houses of them who sometimes detested the masse as the devUl and his service,) they had found God's face angrie against them. That, when they followed God, and not carnall wisdome, God made a few in number fearefuU to manie ; fooles before the world to confound the wise ; and suche as before never had expe- rience in armes, to be so bold and prosperous in all their enter- prises that the expertest soldiour feared the poore plew man. Yea, God faught for them both by sea and by land, and moved the hearts of strangers to support them, and spend their lyves for their releefe. But now, wisdome, manheid, strenth, freinds, honour, and blood, joyned with godlinesse, were fallin before their eyes, that they might turne to God. Before, they had some hope that God 1565. OF THE KIRK OF SCOTLAND. 305 would move the queen's Majestie's heart to heare the Gospell of Jesus Christ, and so to abandoun idolatrie. But now, she hath answered in plaine words, she will mainteane and defend that re- ligioun wherin she was nourished ; and, in tokin therof, there is erected, of late dayes, a displayed banner against Jesus Christ. For knowne deceavers of the people are authorized to spew out poysoun against Christ, his etemall truthe, and true messingers ; the idol of the masse now again, in diverse places, is erected ; the best part of our nobilitie exiled, and the queene favoureth flattering friers and corrupt Papists more than pure preachers. Further, There is an intentioun to suppresse, through all Europ, all that abhorre Papisticall impietie, and to raze them from the face of the earth, according to the decree of the Councell of Trent, which sail be put in executioun first in France, by the Catholick king, Philip of Spaine, and some of the Frenche nobilitie. The Pop's armie, and the Dukes of Savoy and Ferrara their forces, sail assault Geneva, and sail not leave it till it be sacked, and no living creature in it be saved. Frome France they sail mak expeditioun against the Germans, to reduce them to the obedience of the Apos- tolick See ; and so sail they proceed through other natiouns, never ceasing, till all be rooted out who will not make homage to that Roman idol. Their practises alreadie in France make manifest their crueltie. The Pop's cardinals and horned bishops offer the greatest portion of their rents for susteaning of the warre, as may appeare by these words neere the end of that decree : " And to the end that the holie fathers for their part appeare not to be negh- gent, or unwilling to give their aide and supporte to so holie a warre, or to spaire their owne rents and money, have added, that the car- dinalls sail content themselves with the yeerlie rent of five or six thowsand ducats, and the richest bishop of two or three thowsand at most ; and to give franklie the rest of their revenues to the main- tenance of the warre, for extirpation of the Lutheran and Calvin- ian sect, and for the establishing of the Roman church, till suche time as the mater be conducted to a good and happie end." Farther, Greater inobedience and ingratitude was never shewed VOL. II. U 306 calderwood's historie 1565. to God's messingers than hath beene of late, and yitt is, within this realme. Whoordome and adulterie are but pastymes of the flesh ; slaughter and murther is esteemed a small sinne to anie man hath a freind in court ; feasting and ryottous banketting in court, coun- trie, and touns ; increasse of the poore to suche a number as the like hath not beene scene in this land. Mr Knox was ordeaned to penne a comfortable letter, in name of the Assemblie, to incurage ministers, exhorters, and readers, to continue in their vocatioun, which in all liklihood they were to leave off for laike of payment of their stipends ; and to exhort the professors within this realme to supplee their necessiteis. He was appointed likewise to visite, preache, and plant kirks in the south, where there was not a superintendent, and to remaine so long as occasioun might suffer. The tenor of the letter foUoweth : " The Superintendents, Ministers, and Commissioners of Kirks Reformed within the realme of Scotland, assembled in Edinburgh, the 25th day of December 1565, to the Mini- sters of Jesus Christ within the same realme, desire grace and peace from God, the Father of our Lord Jesus Christ, with the perpetuall comfort of the Holie Spirit. " The present miserie, and greater troubles appearing shortlie to follow, crave (deare brethrein) that everie one of us exhort and admonish another, that we recoole not backe in the beginning of this battell which is come upon us, unlooked for of manic. And therefore it is that we, your brethrein, partakers with you of the afflictions of Jesus Christ, understanding the extremitie wherin the whole ministers within this realme now stand, for want of reason- able provision for themselves and their poore famileis, have thought expedient to communicat our mindes with you by this our letter : which is, that first yee sail diligentlie marke these words of the apostle, saying, ' No man sail be crowned, unlesse he strive law- fuUie ;' and also that fearefull sentence of our Maister, Jesus Christ, 15G5. OF THE KIRK OF SCOTLAND. 307 saying, ' No man putting his hand to the pleugh, and looking backe, is apte for the kingdome of God.' We have once professed ourselves warriours against Satan, and labourers in the husbandrie of the Lord our God, who of his mercie hath opened our mouths to exhort others, to contemne this wicked world, and to contend to enter in at that heavenlie Jerusalem. God hath honoured us so that men have judged us the messingers of the everlasting Lord. By us hath he disclosed idolatrie, by us are the wicked of the world rebooked, and by us hath our God comforted the consciences of manie that were oppressed with ignorance and impietie. Consider then, deere brethrein, what slaunder and offence sail we give to the weaker, what occasioun of rejoycing sail the enemeis have, and to what ignominie sail we expone the glorious Evangell of Jesus Christ, if that we for anie occasioun sail desist, and ceasse from publick preaching of the same. We that admonishe you are not ignorant, neither altogether without experience, how vehement a dart povertie is, and what troublesome cogitatiouns it is able to raise, yea, even in men of greatest constancie. But yitt, deere brethrein, we ought earnestlie to consider with what conditiouns we are entered into this most honorable vocatioun, and what we cheefe- lie seeke in preaching of the blessed Evangell. For, if we lay before us other conditions than Jesus Christ laid before his apostles, when he sent them furth first to preache the glade tydings of his king- dome, and if we seeke and imagine to ourselves better entreatment of this wicked generatioun than we find the deerest servants of God have gottin in the world, we ather deceave ourselves, or elles de- clare ourselves not to be true successours of these whose doctrine Ave propone to the people. They were sent furth as sheepe amongst the middest of woolves. To them it was pronounced that they sould be hated, they sould be mocked ; men sould curse and perse- cute them for the testimonie of the truthe ; which threatnings we find not to have beene vaine, but to have fallin upon the cheefe members of Jesus Christ, as the Acts of the Apostles beare testi- monie. And thinke we that the same Evangell which they preached can have anie other successe in our ministrie than it had 308 calderwood's historie 1565. in theirs ? In gifts we must confesse ourselves farre inferiour to these lights of the world, in diligence and painfull travell we can- not be compared ; and yitt we looke to be partakers of the kingdome Avhich God hath prepared for suche as patientlie abide the againe coraming of our Lord Jesus. And sail we in nothing communicat with them ? They were sometimes whipped, sometimes stoned, oft cast in prisoun, and the blood of manie sealed up their doctrine. And sail we, for povertie, leave the flocke of Jesus Christ, before that it utterlie refuse us ? God forbid, deere brethrein : for what sail disceme us frome the mercenereis and hyrelings, if our con- stancie in adversitie sail not doe it? The hyrelings, in time of quietnesse, teache the truthe as we doe. In gifts and utterance they commounlie exceed. In life and conversatioun they may for a seasoun be irreprehensible. What is it, then, that maketh them hyrelings ? Our Maister and Saviour Christ Jesus answereth, say- ing, ' The mercenarie seeth the woolve comming, and fleeth, be- caus he is a mercenarie.' Then, the leaving of the flocke when the woolfe Cometh to invade, proveth suche as were holdin pastors to be nothing but hyrelings. We denie not but if in one citie wee be persecuted, we may flee unto anotlier ; yea, if one realme cast us furth, we may receave the benefite of another ; but ever still with this conditioun, that we cast not frome us the professioun that pub- lictlie we have made, neither yitt that we ceasse to feede the flocke of Jesus Christ, and to gainstand the teachers of false doctrine, so farre furth as in us lyeth. But heerinto standeth the questioun : Whether may we, whom God hath called unto this honour, that he hath made us ambassaders of his good will unto this unthankfull generation, desist from our vocations, becaus we cannot be pro- vided of reasonable livings, as God hath commanded, and our tra- vells deserve ? The Spirit of God unifoi*mlie through the Scriptures will answere us, that Elias was sent to be fed by the raA'ens ; Elisfeus and his fellow schollars were compelled to gather herbes to make pottage ; Paul did oft live by the worke of his owne hands. But we never found that they receaved dimissioun frome their vo- catioun. Seing, then, deere brethrein, that God hath not yitt 1565. OF THE KIRK OF SCOTLAND. 309 tempted none of us with the extremiteis that we find others be- fore us to have suffered and overcome, lett us be ashamed so sud- danhe to faint, even in the brunt of the battell. The price of Jesus Christ his death and passioun is committed to our charge. The eyes of men are bent upon us, and we must answere before that Judge who will not admitt everie excuse that pleaseth us, but will judge uprightlie, as in his Word before he hath pronounced. Lett us therefore stand fast, not onlie in the truthe, but also in defence and advancing of the same, which we cannot doe if we ceasse fromc our publict vocatioun. Lett us, deere brethrein, stand fast in the same, and committ our bodeis to the care of Him who feedeth the foules of the aire, and hath pronunced that he knov/eth wherof we have need, and will provide for us. He preserved us in the darke- nesse of our mother's bellie ; he provided our foode in their breasts, and instructed us to use the same, when we knew him not. He hath nourished us in the time of blindnesse and impietie ; and will he now despise us, when we call upon him, and preache the glori- ous Gospell of his deere Sonne, our Lord Jesus ? Nay, deere bre- threin ; he neither will nor can, unlesse that infidelitie cutt us off from his mercifull providence. Lett us consider that the whole earth is the Lord's, and all the fulnesse of the same : that he is able to move the hearts of men as best pleaseth him. He is able to blesse and multi[)lie things that are nothing in the eyes of car- nail men. It is but povertie that is yitt threatned us, which, if we be not able to contemn, how sail we abide the furie and terrour of death, which manie thowsands before us have suffered, for the testimonie of the same truthe which we professe and teache, and despised all worldlie redemption, as the Apostle spcaketh ? This is but a gentle triell, which our Father taketh of our obedience ; which if we wiUinglie offer to him, tlic boweUs of his Fatherlie compassioun will rather cans the heavens, yea, the rocks and rivers to minister unto us things necessarie to the bodie, than that he will suffer us to perishe, if we dedicate our whole lives unto him. Lett us be frequent in reading, Avhich, alas ! over manie despise ; earnest in prayer, diligent in Avatching over the flocke committed 310 calderwood's historie 1566. to our charge ; and lett our sobrietie and temperat life ashame the wicked, and be exemple to the godlie ; and then there is no doubt but the Etemall our God sail remedie this extremitie. He sail confound our enemeis, and sail shortlie convert our teares and mourning in joy, to the glorie of his owne name, and to the com- fort of our posteritie to come, through the onlie merits and inter- cessioun of Jesus Christ our Lord, whose Holie Spu-it comfort you and us to the end. " At Edinburgh, in our Generall Assemblie, the 25th day of December, 1565. " JoHNE Knox. " At the command of the publict Assemblie." M.D.LXVI. DAVID RIZIO'S PRACTISES AND HIS END. David Rizio, commounlie called Seigneur Davie, having gottin the court in a maner solitarie, at least free of malcontented nobles, adviseth the queene to cutt off some of the nobilitie, for a terrour to others. Becaus the Scotish guarde would not be readie to putt in executioun suche a designe, he counselled her to send for stran- gers, namelie Italians, becaus they were commounlie voide of all sense of religioun, brought up under tyranns, accustomed to mis- cheefe ; who being farre frome home might be soone stirred up to attempt anie thing. Becaus they were his owne coimtrie men he thought he might move them to doe what he pleased. They come out of Flanders, one by one, least the pm'pose sould have beene discovered. There was greater danger to offend one of them than to offend the queene herself. As the Seigneur his credite increassed daylie with the queene, so the king's decreassed, for soone after the mariage she repented of the matche. Howbeit at the first the king's name was sett before the queene's, in aU their WTittings and patents, yitt soone after, the queene's name was sett before the king's. At lenth, the queene pretended, that manie things 1566. OF THE KIRK OF SCOTLAND. 311 were pretermitted, or not done in due time, through his absence at hawking and hunting, and therefore moved him to be content that she subscrive for both ; so he might follow his pleasures without hindrance of the commoun effaires. He was loath to offend her, and upon light occasiouns was sent farre frome court, wherby his favour became unprofitable, and his wrathe not to be feared. David Rizio, her secretarie in Frenche and other forraine effaires, was appointed to have a stamp with the king's name, to use when need required. The king is sent to Peebles, to hawke in sharpe winter, with a small traine, where there was skarstie of good inter- teanment. The queene for some moneths admitted a number to her table, and among the rest, this Seigneur ; at lenth, him onlie, and some one other, sometimes in her cabinet, sometimes in Davie's chamber. He excelled the king in houshold stuffe, apparell, and number of good horse. Secretar Matlane, partlie finding himself prejudged by this Savoyard in the effaii'es of his office, partHe for the favour he then careid to the Erie of Mm'rey, now banished, laboured to perswade the Erie of Morton and Lord Hereis to cutt off this base stranger. The Ei-le of Morton, being als wise as he was wylie, answered, he would doe what he could for restoring the Erie of Murrey with the queene's good will ; but he knew it would offend her to putt hands in Seigneur Davie. The secretar ad- dresseth himself to David Rizio ; sheweth to him his ofiice was strange in tliis countrie, and yeelded little profite. He counselled him to move the queene to alienate her countenance frome the Erie of Morton, presentKe Chanceller, and a favourer of the Erie of Murrey, and with the king to pursue his right to the Erledome of Angus, by his mother, sole heretrix to her father, the Erie of Angus : so Morton Avould be glade to seeke his freindship, and to quite the office to him. But that he might be capable of it, the queene must endemize him, and give him some stile of an erle in Scotland. David beganne to work. The queene charged for the Castell of Tamtallan, under pretence that Morton receaved not the rebells in it, nor that they tak it. It was randered to the Erie of AthoU. Some report that the king was moved to proclame his 312 CALDER wood's historie 15(36. breeves, as heyre to Archibald Erie of Angus, liis grandfather ; others report they were proclamed before his mariage. It behoved the Seigneur to rise by degrees. The queene would have bought to him INIehdll, lying within foure myle of Edinburgh, but the owner would not consent, wherat the queene and this Seigneur were not a little oiFended. The people beganne to speeke broadlie, and to call to remembrance the preferment of Cochrane, a cour- teour, who was hanged over Lawder Bridge, in the dayes of King James the Thrid. Upon a certane night, the king hearing that Davie was gone in to the queen's chamber, went to it, having the key to open it : findeth it shutt, and barred within, as it wont not to be. ^Vherupon he conceaved high indignatioun, and at last concluded \dih the Lord Euthven, Patrik Lord Lindsay, brother- in-law to the Erie of Mm'rey, his owne father, and George Dowglas, called the Postulat, to slay him. Theu- purpose was to have takin him comming out of a tenise court, where he haunted ; but it was reveeled, and fiftie men with halberts appointed to attend upon him ; for the most part of the king's servants were con-upted by the queene, so that nothing was so secreitlie contrived, but als soone it was discovered. The nixt remedie was, to labour for restoring of the noblemen then banished, who were to be forfaulted at the par- liament which was to be holdin in Marche. The Frenche and English ambassaders interceeded for them. The Queene of Eng- land sent letters in their favom's, which our queene, knowing the nobilitie were not ignorant of the mater, read in audience of manie. Davie interrupted her ; for he was verie bold with her, and would rebooke her often more sharphe than her owne husband. The king and his complices labom'cd to draw in the Erie of ]Mortoun with them. The erle had beene alienated somwhat by the king's insist- ing in his title to the Erledome of Angus. They sent to him An- drew Ker of Fadownside, and Sir Johne Bellendine, Justice-Clerk. Through their earnest dealing, he is moved to come to the Erie of Lennox his chamber, where the king was. The king and his father for themselves, and for his mother, quitt all the title they had to the Erledome of Angus, in favour of Archibald, then erle. He 1566. or THE KIRK OF SCOTLAND. 313 consenteth to assist the king with all his power, upon the condi- tions following : First, That religioun be established and preserved in the same estat it was in before the queen's arrivall ; Secundlie, That the banished noblemen be restored ; Thridlie, That the king tak the fact upon him, and warrand them from all perells. The king subscrived these conditions most willinglie. The nobilitie conveening to the parliament, Davie gropped their mindes, how they were affected to the banished lords. He as- sured them the queene would needs have them to be condemned ; and, therefore, whosoever opponed would but purchase to them- selves her indignation. By suclie dealing, he tried who were best affected, that either they might be sett aside if they were courage- ous or terrified. Others were baited with hope of favour. Whill he was busie with the Lords of the Articles, it was thought expe- dient to apprehend him with diligence : the fittest time, when the ^uarde sould be removed from him, and he at the queen's table. Their purpose was to bring him to judgement, and execute him at the Croce of Edinburgh. Whill Davie was with the queene in her cabinet, and with them the Countesse of Argile, her base sister, at supper in the Abbey of Halyrudhous, the eight of Marche, the Erie of Morton came to the Abbey with his fi'einds and depend- ents. First, he tooke the keyes from the porter, and appointed a sufficient number of men to attend the inner court, to resist, if anie tumult were raised by the contrare partie ; for the Fries of Huntlie, Atholl, and Bothwell, were in sindrie parts of the palace, in the meane time. Morton went with a number of his freinds to the chamber of presence, where he walked. The king went up to the queen's chamber from his owne, by a privie staire or trap, which was patent onlie to himself. Patrik Lord Ruthven accompaneid with the Master of Ruthven, Andrew Ker of Fadownside, George Dowglas, called the Postulat, folloAved. The queene was some- what affrayed at the first sight, when she saw the Lord Euthven, leane, and ill-coloured by reasoun of his longsome sickenesse, and yitt in armour. She asked what the mater meant. Some stand- ing by said, he was raving through the vehemencie of a fever. 314 calderwood's historie 15GG. He commandeth Davie to arise, telling hira, that place was not for him. The queene ariseth incontinent, and steppeth in betwixt him and them. The king biddeth her be of good courage, for no- thing was intended against her. Davie grippeth the queene about the waist : Fadownside bendeth backe his middle finger, so that for paine he was forced to forgoe his grippe. Then is he drawin out to the nixt chamber, and frome thence to the utter chamber. In the meane time, the noise of a fray rising, Hunthe and Both- well would have beene furth, to whom assembled the cookes with speates, and some other rascaUs ; but were soone drivin backe by the Erie of Morton's freinds and dependers, who were appointed to attend upon the inner court, and for feare fled out at the backe windows. Lethington supped with Atholl, partlie that he might beare witnesse to his behaviour, if the queene suspected him, part- lie to reteane the erle in his loodging, from offering or suffering violence. He injoyned his attenders to be quiet till it came to actioun, and then to arme themselves, and to come as it were sud- danlie to the fray, but, indeid, to joyne with the Erie of Morton. These who were bringing furth Davie, hearing the noise of a tu- mult, but ignorant of the meaning, and fearing he might be rescued out of their hands, wounded him to death with dagers, in the cham- ber of presence. This was done speciallie by the Lord of Morton's freinds, but farre by his intentioun ; for it was their purpose to make him a publick spectacle to the people. After the Lord Ruthven came out of the cabinet, being wearie of standing and stirring, he satt doun. The queene called him a perfidious tratour, and upbraided him with his contemptuous behaviour. He excused himself with the weaknesse of his owne bodie. He exhorted her, to advise with the nobilitie in the publick effaires of the realme, and not to be drawin away with vagabound knaves, who had no- thing to lose neither in credit nor in patrimonie, and so could not give a sufficient pledge of their fidelitie ; and to take heed to the calamiteis which had befallin kings of this realme before, for their governement without advice of the nobilitie. The queene being farther inflammed with these speeches, they departed. At the ru- 1560. OF THE KIRK OF SCOTLAND. 315 mour of this tumult, the citicens of Edinburgh ranne to their armes, and came doun straight to the palace. The king spoke to them out at a window ; told them that the queen and he were in safetie ; what was done was done by his directioun ; what it was, they sould know in the owne time. So they departed. Some report that Johne Damiot, a Frenche preest and a sorcerer, had forewarned Seigneur Davie to bewar of the bastard. He thought so to provide that the Erie of Murrey, whom he inter- preted to be the bastard, sould never be restored to doe him anie harme. But the bastard that gave him the first wound was George Douglas, base sonne to the Erie of Angus, as is reported. The same preest, or (as others report) one called Seigneur Francis, ad- vised him to order his bussinesse, and to gett him hence. He an- swered, he was not affrayed of the noblemen ; they were but dukes : strike one of them, all the rest would ly in. He replyed, " Yee will find them geese : if yee handle one of them, the rest will flee upon you, and plucke you so, that they will not leave a feather nor down upon you." SOME NOBLEMEN BANISHED FOE THE SLAUGHTER OF SEIGNEUR DAVIE. The Erie of Murrey and others banished, returned home the day after the slaughter, and the day following compccred in the Tol- buith, readie to answere if anie processe of forfaulture were led against them. But none were there to persue, so they went to their loodgings. The queene sent for the Erie of Mm-rey, and putt him in hope she would be directed heerafter by the nobilitie, where- by she obteaned greater libertie. But als soone as she had caused assemble her guarde, she escaped by a posterne doore in the night. The Lord Seton, accompaneid with two hundreth horse, was at- tending upon her. Frome thence she was convoyed, first to Seton, and then to Dumbar, and the king compelled with threats to goe with her. When she is at Dumbar she gathereth her forces, and pretendeth that she is reconciled with the banished lords, that she 316 calderwood's histoeie 1566. may find the lesse resistance in persuing the committers of the last fact. They give place to the time and fled, some to England ; the Erie of Morton, the Lord Ruthven, the Master of Ruthven, the Lairds of Fadownside, Elphingston, Whittinghame ; some to the Highlands, to lurke there for a seasoun. Theu' goods Avere confis- cated, theii' offices dispouned, their fi-iends wairded or confyned. Howbeit some of them were no complices at the fact, as Sir David Hume of Wedderburne. He was committed, first to Dumbar, and then to Kenmure, in Galloway. Thomas Scot, ShirefF-Depute of Perth, and Sir Henrie Yair, a preest, servant to the Lord Ruthven, were hanged and quartered, and their heads sett upon a pricke, the one upon the towre in the Abbey, the other upon the Nether Bow, becaus they were suspected guiltie of the murther. All men were discharged by proclamatioun to affirme that the king was partaker or privie to the last fact ; wherat manie smUed. DAVIE HIS CORPS LAYED BESIDE QUEENE MAGDALENE. After the flight of the noblemen, the queene caused to tak up in the night Seigneur Davie his corps, which had bcene buried be- fore the Abbey kirk doore, and lay it neere to Queene Magdalene ; which ministered no small occasioun to the people of bad construc- tions. LORDS RECONCILED. Li Aprile, the queene sent for the Erles of Argile and Murrey, and reconciled them with the Erles of Huntley, Bothwell, and Atholl. THE BANISHED LORDS WARNED TO DEPART OUT OF ENGLAND. About the beginning of May, the queene sent Mr Johne Thorn- toun to England and France, to crave that her rebells be not in- terteaned in their realmes. The Queene of England sent Henrie 15G(). OF THE KIRK OF SCOTLAND. 317 Killegrew to our queene, and promised to caus them depart. She sent likewise to themselves, to warne them to depart before mid- sommer. But the reporter said to them, England was long and braid. They went out of Newcastell, but lurked not farre from Anwicke. Before their departure frome Newcastell, the Lord Euthven departed this life. He made a Christian end, thanking God for the leasure granted to him to call for mercie. THE FIRST PUBLICK FAST. The first and secund Lord's day of May w^as celebrated univer- sallie the first publick fast Avhich we had after the Reformation, which exercise became frequent afterwards. The causes are tuiched before. Earnest prayer was made at this fast for a safe deliverie of the queen's birth. MR KNOX HIS PREFACE TO THE FOURTH BOOK OF HIS HISTORIE. This moneth Mr Knox formed the preface to the Fourth Booke of his Historic, by which we may understand the state of the pre- sent time ; the tenor wherof followeth : " In the former Bookes, gentle reader, thow may cleerelie see how potentlie God hath performed in these our last and wicked dayes, als weill as in the ages that have past before us, the promise that is made to the servants of God, by the Prophet Isay, in these words : — ' They that waite upon the Lord sail renue their strenth : they sail lift up their Avings as the eagles ; they sail runne and not wearie, they sail Avalke and not faint.' This promise, we say, suche as Satan hath not utterlie blinded may see performed in us, the professours of Christ Jesus within the realme of Scotland, with no lesse evidence than it was in anie age that ever past before us. For what was our force, Avhat was our number, yea, what wisdome or worldlie policie was into us, to have brought to an end so great an interprise, our verie enemeis can beare witnesse. And yitt, in how great puritie did God establishe amongst us his true religioun. 318 calderwood's historie 15 66. als Weill in doctrine as in ceremoneis, to what confusioun were idol- aters, adulterers, and aU publick transgressers of God's commande- ments witliin short time brought, the publick order of the kirk, yitt by the mercie of God preserved, and the punishments executed against malefactors, can testifie to the world. For as tuiching the doctrine taught by our ministers, and tuiching the administratioun of the sacraments used in our kirks, we are bold to affirme, that there is no realme this day upon the face of the earth that hath them in greater pm-itie. Yea, we must speeke the truthe, (whom- soever we offend,) there is none (no realme we meane) that hath them in the like puritie. For all others (how sincere soever the doctrine be that by some is taught) reteane in their churches, and the ministers therof, some footsteps of the Antichrist and dregges of Papistrie. But we (aU praise to God alone) have nothing with- in our churches that ever flowed from that Man of Sinne. And this we acknowledge to be the strenth givin unto us of God, becaus we esteemed not ourselves wise in our o^vne eyes ; but understanding our owne msdome to be but meere foolishnesse before our God, layed it aside, and followed onlie that which we found approved by himsehf." THE FIRST PETITION OF THE PROTESTAXTS OF SCOTLAND. " In tliis point coidd never our enemeis cans us to faint. For our first petition was, that the reverend face of the primitive and apostohck kirk sould be reduced againe to the eyes and knowledge of men. And in that point we say, our God hath strenthened us, till that the worke was finished, as the world may see. And as concerning suppressing of vice, yea, and abohshing of aU suche things as might nourishe impietie within this realme, the acts and statuts of the principall towns reformed will yitt testifie. For what adulterer, what fornicator, what knowne massemonger, or pestilent Papist, durst have beene scene in publick, within anie reformed town Avithin this realme, before that the queene arrived ? And this victorie to his "Word, and terrour to all filthie livers, did God worke 1566, OF THE KIRK OF SCOTLiVND. 319 by suche as yitt live and remaine witnesses, whether they will or not, of the foresaids works of God. We say, our God suffered none of these whom he first called to the battell to perishe or to fall, till that he made them victors of their enemeis. For even as God suffered none of these whome he called frome Egypt to perishe in the Reid Sea, how fearfull that ever the danger appeared, so suf- fered he none of us to be oppressed, nor yitt to be takin from this life, till that moe Pharaoes than one were drowned, and we sett at freedome, Avithout all danger of our enemeis ; to lett both us and our posteritie understand that suche as follow the conducting of God can not perishe, albeit they walked in the verie shadow of death. But from whence, alas ! cometh this miserable dispersioun of God's people within this realme this day, in May 1566? Good men are banished ; murtherers and suche as are knowne unworthie of commoun societie, (if just lawes were putt in due executioun,) beare the whole regiment and swino; within this realme." THE COURTEOURS THAT SEEMED TO PROFESSE THE EVANGELL^ AND DID IT NOT, WERE THE CAUSE WHEREFRA TROUBLES WITH- IN SCOTLAND DID FLOW. " We answere, becaus that suddanhe the most part of us declyned from the puritie of God's Word, and beganne to follow the world, and so again shooke hands with the devill and with idolatrie, as in this Fourth Booke we will heare. For whill that Papists were so con- founded, that none within the realme durst more avow the hearing or saying of masse, nor the theeves of Liddisdaill durst avow their stouth, in the presence of an upright judge, there were Protestants found, that ashamed not at tables and other open places to aske, ' Why may not the queene have her masse, and the forme of her reUgioun ? Wliat can that hurt us and our religioun ?' And from these two, fVh?/ and What, at lenth sprang out this affii*mative, ' The queen's masse and her preests we will mainteane : this hand and this rapper sail fight in their defence.' The inconveniences were showin both by tongue and by penne. But the adversareis 320 calderwood's histopje 15G6. were judged men of unquiet spirits ; their credite was defaced at the hands of suche as before were not ashamed to use their coun- sell in maters of gi'eater importance than to have refused the masse. But then — ' my lord, my maister, may not be thus used — he hath that honour to be the queen's brother. And, therefore, we will, that all men sail understand that he must tender her as his sister ; and whosoever will counsell him to displease her, and the least that apperteaneth to her, sail not find him their freind ; yea, they are Avorthie to be hanged that would counsell him,' &c. These, and the like reasons, tooke suche deepe root in flesh and blood, that the truthe of God was almost forgott. And fi'om this fountaine (to witt, that flesh and blood Avas, and yitt, alas ! is pre- ferred to God and to his messingers, rebooking vice and vanitie) have all our misereis proceeded." THE CORRUPTIONS THAT ENTERED IN THE QUEEN'S COURT. THEOLOGY OF THE COURT. " For as before, so even yitt, although the ministers be sett to beg, the guard and the men of warre must be served. Though the blood of the ministers be spilt, it is the queen's servant that did it. Although masse be multiplied in all quarters of the realme, who can stoppe the queen's subjects to live in the queen's religioun ? Although innocent men be imprisouned, it is the queen's pleasure : she is offended at suche men. Although under pretence of justice innocents sail be murthered, the lords sail weepe, but the queen's minde must be satisfeid. Nobles of the realme, barons, and coun- sellers, are banished, their escheats dispouned, and their lives most unjustlie persued.^ The queene hath lost her trustie.servant Davie : he was deere unto her, and, therefore, for her honour's sake, she must show rigour to revenge his death. And yitt, farther, albeit that some know that she is plainlie purposed to wracke rehgioun within this realme, (for to that Roman Antichrist she hath made ' When two ranks of the lords were banished, anno 1566, was this writtin. Note in the Original. 1 15(36. OF THE KIRK OF SCOTLAND. 321 her promise, and from him she hath takin money to uphold his pompe within this realme,) yitt will they lett the people understand, that the queene will establishe religioun, and provide all things or- derlie, if she were once delivered. If suche dealing (which is com- moun among Protestants) be not to prefere flesh and blood to God, to his truthe, to justice, to religioun, and to the libertie of this op- pressed realme, lett the world judge. The plagues have beene, and some part are present, that were before threatned ; the rest approache. And yitt, who frome the heart cried, ' I have offended !' the Lord knoweth. In Thee onlie is the trust of the oppressed, for vaine is the helpe of man." THE BIRTH OF KlSfG JAMES THE SIX*. In the moneth of June, the time of the queen's child-birth ap- proaching, she wrote to the cheefe of the nobilitie to come to Edin- burgh ; and upon the 19th day, betwixt elleven and ten of the clock, was delivered of a male childe, who after raigned in her place. The lords and people came to the Great Kirk of Edinburgh, to give thanks to God, and to pray for gifts and graces to him. The artillerie was shott off, and fires of joy sett furth. THE TWELFT GENERALL ASSEMBLIE. The Generall Assemblie was holdin at Edinburgh, in the coun- sell hous, the 25th day of June, where were present the Erie of Huntlie, Chancellor, Archibald Erie of Argile, Alexander Bishop of Galloway, Adam Bishop of Orkney, Johne Commendatare of Lindores, James Balfour of Pittendreigh, knight, all of the Privie Counsell, beside superintendents, commissioners of touns and kirks, and ministers. Johne Areskine of Dun, knight, Superintendent of Angus and Memes, was continued Moderator. VOL. il. 322 calderwood's historie 1566. THE TRIELL OF SUPERINTENDENTS. In the triell of superintendents, the Superintendent of Fife con- fessed his owne inabilitie to discharge his office, and desired the Assemblie to denude him of it. PETITIONS. The lords present were requeisted to sute for a gracious answere to the reply es made to her Majestie's answeres at the last Assem- bHe. Some brethrein were appointed to requeist the Lords of the Secreit Counsel!, Sessioun, Justice, that no excommunicat person have libertie of anie processe before then- honours, till they be re- conciled to the kirk ; cheefelie where excommunication is notore, and objected against them. It was ordeaned that a letter sould be writtin and sent to the noblemen, in whose bounds some Popish preests haunted or remained, and abused the sacraments, and cele- brated manage for lucre, sould be takin order ^\dth. THE ORDER OF PAUL METHVEN's REPENTANCE. Paul Methven requested to be receaved, as a poore sheepe, in the bosome of the Kirk. He compeereth personaUie at the ordi- nance of the AssembHe, and prostrat himself before the whole bre- threin, Avith weeping and yowling. Being commanded to rise, he could not expresse his minde for greefe and soitow. He is biddin goe to his loodging, till his supplicatioun were considered. Some brethrein were appointed to sett doun the order of his repentance and publick satisfactioun, and to report to the Assemblie, which they did, and the tenor foUoweth : — " The commissioners appointed by the Generall Assemblie for ordering of Paul iSIethven his repentance, &c., in consideratioun of the said Paul his lamentable suppHcatioun to the Assemblie, 1566. OF THE KIRK OF SCOTLAND. 323 humble submissioun of himself to the same, and absence out of the realme the space of two yeeres or more, ordeane and appomt the minister of Edinburgh to notifie to the people upon the Lord's day, after sermoun, the said Paul his supplicatioun ; and how the Generall AssembHe hath ordeaned to receave him to repentance, upon the conditions underwrittin. And, therefore, to admonish all faithfuU brethrein, that within the nixt eight dayes they notifie to him, if they know, or be surelie informed of the said Paul his con- versatioun and behaviour since his departure out of this realme, which might impede receaving of him to repentance, which sail be in this maner : to witt, the said Paul, upon the said two preaching dayes, betwixt the Sondayes, sail come to the kirk doore of Edin- burgh, when the secund bell ringeth, clothed in sackloth, bare- headed and bare-footed, and there remaine till he be brought in to the sermoun, and placed in the place of publick spectacle, above the people, in time of everie sermoun dm'ing the said two dayes ; and the nixt Lord's Day therafter, sail compeere in like maner ; and, after sermon, sail show signes of his inward repentance to the people, humblie requiring the congregatioun forgivenesse. Wliich being done, he sail be clothed in his owne apparell, and receaved into the societie of the ku-k, as a livelie member therof. And that the same order be observed in Dundie and Jedburgh, alwise se- cluding him from all functioun in the ministrie in the kirk, and also fi'om participation of the Lord's Table, till the 25th of December nixt to come, when the GeneraU Assemblie sail conveene ; to wliich they ordeane the said Paul to come, and bring with him sufficient testimoniall from authentick persons in these places where he, in the meane time, sail chance to remaine, anent his conversation and behaviour, at which time the Assemblie sail tak farther order." QUESTIONS DECIDED. Mr Johne Dowglas, rector of the Universitie of St Andrewes, Mr George Hay, minister of Ruthven, Mr George Buchanan, Mr 324 calderwood's iiistorie 1566. Robert Pont, and Mr Robert Hamilton, were appointed to sitt apart at sett times, to receave and decide questiouns, and to report their decisions to the Assemblie. They decided as followeth : — First, That a woman may not joyne herself to another husband, without a sufficient testimoniall of the death of her former hus- band, howbeit he hath beene absent out of the countrie nyne or ten yeeres. Secundarilie, That a minister ought to travell in the Word where he injoyeth a benefice, or receaveth sustentation, unlesse the Kirk appoint otherwise. Thridlie, That none seeking donatioun or confirmation of bene- fices frome the Popish church be admitted to the ministrie. A FAST. It was appointed a publick fast sould be holdin the two last Sabboth dayes of Julie, in respect of the dangers imminent where- with the Kirk is like to be assaulted ; and that the Lord's Supper be ministred upon the same day, if it can be done convenientlie. THE KING DISCOUNTENANCED, AND BOTHWELL IN CREDIT WITH THE QUEENE. The queene, after the deliverie of her birth, receaved humanelie all visiters. Onlie the poore king, her husband, could find no gra- tious countenance in her, or her traine. Bothwell was the cheefe guider of the court. About the beginning of August, she went out to Newhaven, beside Leith, and entered in a boat prepaired for her by foure notable pyrants, the Erie of Bothwel's dependers. She arrived at AUoway, where she remained certane dayes. Her hus- band followed with speed by land, but had no sooner refreshed himself, when he was commanded to retume. She returneth to 1566. OF THE KIRK OF SCOTLAND. 325 Edinburgh within few dayes, but loodged not in the palace, but in a privat man's hous, named Johne Balfoure. Frome thence she removed to another loodging, where the exchecker held, beside Da- vid Chalmers' loodging, a depender of the Erie of Bothwel's, which had a backe passage to the orchards and gardens belonging to the queen's loodging. Bothwel had accesse when he pleased to the queene. The king her husband, by reasoun of her chyding and frowninfj, was constrained to lurke solitarie in Stirline.^ BOTHWEL HURT AND THE QUEENE SICKE. About the beginning of October, the queene intended to hold a justice coiu-t at Jedburgh. Bothwell was sent to Liddisdail, to apprehend some theeves, to be presented to court. But he was wounded by a base theefe whom he hurt after he was takin, not expecting anie injurie. He was caried to Hermitage. The queene being then in the castell of Borthwicke, hasted with all speed to Jedburgh, and frome thence to Hermitage, notwithstanding the seasoun of the yeere, the difficulteis and dangers of the way, with a small trame. She retm-neth to Jedburgh, and prepareth all things needful for transporting him thither. At this time she fell greev- ousHe sicke. Of this her sickenesse mention is made in the treatise of Easting in our Psalme bookes, and of Whoordome and Murther raigning in the Court. It was said at court, notwithstanding Both- well was beaten by a base theefe yeelding up the ghost, yitt was he abler to ly oftener in carnall dealing with a woman than anie other m the court. He is brought to Jedbm'gh. The king hear- ing of the queen's sickenesse, posted with speed to Jedbiu'gh, hop- ing that, in this time of her humiliatioun, her heart might be bowed. ' " The queene and her husband (says the Earl of Bedford, then at the Scottish court, in a letter to Cecil) agree after thold maner, or rather worse : she eateth but verie seldome with him, but lyeth not, nor kepeth no companie with him, nor loveth anie suche as love him. He is so farre out of her bookes, as, at her going from the castell of Edenboroughe to remove abrode, he knew nothing thereof. It cannot for modcstie, nor with the honour of a queene, be reported what she said of him." 326 caldekwood's iiistorie 1566. But the queene provided that no man sould rise to sahite him, nor give him loodging. Suspecting the Erie of Murray his courteous nature, she moved his ladie to faine herself sicke, that he might be disappointed of anie loodging there.^ He had beene destitute that night, if one of the Humes had not fained some pretence of hastie departure out of the toun, to the end he might leave him his loodg- ing. The king returneth the day following towards Stirline. The same day, BothweU was caried out of his owne loodging to the queen's, when neither the queen Avas weOl recovered of her sicke- nesse, nor he of his wounds and strokes. THE QUEENE PROFESSETH SHE WOULD BE RID OF THE KING. About the beginning of November, they came from Jedburgh to Kelso, where the queen receaved letters from her husband. When she had read them before the Erie of Murray, the Erie of HuntHe, and the secretar, she professed plainHe, that unlesse she was freed of him some way, she could have no pleasure to live ; and, if she could find no other remedie, she sould putt hand into herself. About the end of November, they came to the place of CraigmiUar. There she renued her former speeches be- fore Huntlie, Argile, Murrey, and the secretar, and showed what way she might be fi-eed of her husband ; to witt, by divorcement, in respect they were so neere of kin, that they could not marie to- gether according to the canon law, which might be easihe brought to passe, as she supposed, the Popish dispensatioun being destroyed. But one moved a scruple, that so her sonne sould be reputed a bas- ' Mary's hatred of her husband sorely lacked in many instances that dignity which we generally attach to her character. The following instance, related by Bedford in a letter to Cecil, is a curious illustration of her temper on this point : " One Hickeman, an English merchaunt there, having a water spangell that was verie good, gave him to James Melvyn, who afterward, for the pleasiure that he sawe that the king had in suche kind of dogges, gave him to the king. The queene ther- upon fell mervelouslie out with Melvyn, and called him dissembler and flatterer, and sayed, she could not trust him who would give any thing to such one as she loved not." 1566. OF THE KIRK OF SCOTLAND. 327 tard, as one not borne in lawfull matrimonle. So this project suc- ceeded not. The king cometh from Stu-line to Craigmillar, hoping to find her somwhat changed ; but is threatned with want of all kinde of maintenance, unlesse he returne and stay at Stirline. THE BAPTISME OF THE PRINCE. About the beginning of December the prince was baptized. The English ambassader, the Erie of Bedford, brought with him a font of gold curiouslie wrought, and enambled, weyghing three hun- dreth, threttie-three unces. The poore king was forbiddin to come furth in publick, under pretence that his apparrell was not answer- able, neither to his estate, nor to the celebritie of the time. The blame was layed upon merchants and craftsmen. The nobilitie were forbiddin to convoy him out or in. The ambassaders were forbiddin to hold conference with him, howbeit they were all to- gether in one castell. Bothwel, in the meane time, wanted nothing to beare out a great port. It is reported by persons worthie of cre- dite, that that day the prince was baptized, there was sitting in the entrie of the castell a poore man asking alraous, having a young childe upon his knee, whose head was so great, that the bodie of the childe could skarse beare it up. A certane gentleman perceav- ing, could not refraine himself from teares, for feare of the evills he judged to be portended.' ' Amidst the daily banquets, dances, and triumphs, on this joyful occasion, Melvil describes a pageant that gives us a poor idea of the taste of Mary's Frenchified court. " At the principal banquet there fell out a great grudge among the Englishmen : for, a Frenchman called Bastian, (perhaps Sebastian, on the night of whose mari'iage, soon after, Darnley was murdered,) devised a number of men formed like Satyrs, with long tails, and whips in their hands, running before the meat, which was brought through the great hall upon a machine or engine, marching, as appeared, alone, with musicians clothed like maids, singing and playing upon all sorts of instruments. But the Satyrs were not content only to make way or room, but put their hands behind them to their tails, which they wagged with their hands, in such sort, as the English- men supposed it had been devised and done in derision of them ; weakly apprehend- ing that which they should not have appeared to understand." — Melvil's Memoirs, p. 152, Another exhibition given by the queen to the French ambassador, on Darn- ley's being invested with the order of St Michael, was still more indecorous. " l^poa 328 calderwood's historie 1566. THE KING POYSOXED. The king, despairing of favour, and finding himself so farre con- temned, resolved to goe to Glasgow, to his father, the Erie of Len- nox. At his departure frome Stirline, the queene caused tak all the silver plait frome him, and give him tinne insteid therof. He had not riddin a myle fi'ome Stirline, when he was tormented with great paine through all his bodie. It is easilie appeared to pro- ceed not frome anie ordinarie or natm'all disease. When he come to Glasgow, his bodie brake out in foule spots, and his torments waxed so greevous, that small hope there was of his recoverie. James Abernethie, physician, being sent for, and demanded what was his judgement, said plainlie, he had gottin poysoun. The queen's owne physician was sent for, but was forbiddin to goe. BOTHWEL ACCOMPANEITH THE QUEENE TO TULLIBAEDIN. The ceremoneis of the baptisme being finished, the Erie of Mur- rey accompaneid the Erie of Bedford to Sanct Andrewes ; Both- well accompaneid the queene to Drummenie and Tullibardin. She returned to Stirline within eight dayes, about the beginning of Januar. THE THIRTENTH GENERALL ASSEMBLIE. The Generall AssembHe was holdin at Edinburgh, in the coun- sell house, and beganne the 25th day of December. The Super- intendent of Angus and Memes was continued Moderator. the ellevint day of the said moneth, (says the Diurnal,) the king and queene in lyik manner bankettit the samin ambassatour ; and at euin our soveranis maid the maskrie and mumschanee, in the quhilk the quenis Grace and all her Maries and ladies were all cled in men's apperell ; and everie ane of thame presentit ane quhinger, bravelie and maist artificiallie made and embroiderit with gold, to the said ambassatour and his gentilmen, everie ane of thame according to his estate." Was it strange that the Reformers scowled at these doings, and condemned them as foolish and flagitious ? Or ^^as Knox devoid of taste, who wished to supersede them by schools and colkges? 1566. OF THE KIRK OF SCOTLAND. 329 ASSIGNATION OF MONEY AND VICTUALS OFFERED TO MINISTERS BUT IN SHEW. Assignation of money and victualls being offered by the queene and her counsell, the Assemblie thanked the lords who had takin paines to purchase the said assignatioun, requeisting them to con- tinue, till they brought that worke to some perfectioun. They protested, notwithstanding, that this acceptatioun of the forsaid as- signatioun prejudge not the libertie of the kirk to sute for that which justlie perteaneth to the patrimonie of the same, in time and place convenient, at anie time heerafter. The Assemblie appointed the Bishop of Galloway, the Superintendent of Lothiane, the Lairds of Garden and Keir, to goe to Stirline and seeke the extract of the said assignation from the Gomptroller and Clerk of Register, that letters may be raised therupon ; and to report their answere to the church-sessioun of Edinburgh, that the commissioners which are to be appointed for divisioun of the said assignatioun may be adver- tised. The commissioners were chosin and appointed to conveene at Edinburgh, within tenne dayes after advertisement, to divide the said assignatioun of money and victuals among ministers, ex- horters, and readers, according to their discretioun. This offer was made onlie to gull the ministers, for there were other purposes in brewing. THE JUDGEMENTS OF THE ASSEMBLIE CONCERNING THE TITHES. It was asked, whether if the tithes perteane properlie to the kirk ; and sould be applyed onlie to the sustentatioun of the ministrie, the poore, and the schooles, and reparation of kirks, and other god- lie uses, at the discretioun of the kirk ? It was answered affirma- tivelie, without contradiction. Nixt, it was asked, if so be, whether the ministers, which are the mouth of the kirk, may, with safe con- science, keepe silence, seing the patrimonie of the kirk unjustlie 330 calderwood's historie 1566. takln up, and -waisted in vaine uses, by suche persons as beare no office in the kirk : the ministrie in the meane time ceasing frome exercise of their office through necessitie, the poore perishing through hunger, the soules of people perishing, and kirks falHng down to the ground ? It was answered, that they ought not to keepe silence, but to admonishe everie man of his duetie, and de- sire everie man to seeke that which justlie perteaneth to the susten- tatioun of the forsaids. It was asked, whether the kirk might re- quire of all possessors the tithes to be payed onlie to the kirk, and inhibite all others to intromett therewith ; and in case of disobedi- ence, what order sail be takin ? It was answered, that after due admonitioun, and denyall of obedience, the censures of the kirk sould be used. QUESTIONS DECIDED. The Bishops of Galloway and Orkney, the Justice-Clerk, Mais- ters Robert Pont, David Lindsay, William Christesone, George Leslie, William Eamsey, and David Forest, were appointed to re- ceave and decide questions. They reported their decisiouns as fol- loweth : — That the woman lying now two yeeres in whoordome with an- other man, her husband having past to Denmarke foure yeeres since, but now deceased, may not marie the other man, till it be tryed by the sessioun of the kirk, if, in her husband's time, or be- fore the knowledge of his deceasse, she had anie camall copulation with the man. 2. That the man forwamed not to marie his father's brother's wife, and yitt mareing, he and she sould be delated, both to the Justice-Clerk and the ku'k. 3. That suche as have communicat at the Lord's Table, and after become witnesses at the baptisme baptised by a Papistical! preest, in a privat place, saU, after admonitioun, underly the cen- sures of the ku'k. 1566. OF THE KIRK OF SCOTLAND. 331 4. That superintendents admonishe that none within their juris- dictions joyne in mariage anie partie offending, severed for adul- terie, under the j^aine of depositioun. A READER CENSURED. The reader of Bathket (was) censured for baptising of childrein, and solemnizing of mariage, he being but a simple reader, and tak- ing silver for the same, frome persons that were without the pa- rishe. COMMISSION TO REVISE MR WILLIAJVI RAMSAYE'S BOOKE. The Assemblie appointed the Bishops of Galloway and Orkney, the Justice-Clerk, David Forrest, Mr John Kow, David Lindsay, Robert Pont, William Christesone, to revise the answere made by Mr William Eamsay, one of the Masters of Sanct Salvator's Col- ledge, to Henrie BuUinger, tuiching the apparell of preachers in England. THE CONFESSION OF HELVETIA APPROVED. The Assemblie being advised with the interpretatioun of the Confessioun of the Tigurine kirk made by Mr Eobert Pont, or- deaneth the same to be printed, together with the epistle sent by the Assemblie, allowing the same, providing a note be putt in the margin of the said Confessioun, where mentioun is made of the remembrance of some holie dayes, etc. In this Confessioun, su- perioritie of ministers above ministers is called an humane appoint- ment ; confirmatioun, a device of man ; baptisme by weomen is condemned ; prolixe prayers, hindering the preaching of the Word ; canonical! houres, that is, prayers to be chanted, and often repeated at sett times, as the Popish maner is, heaping up of ceremoneis to the prejudice of Christian libertie, observation of sancts' dayes. But this AsscmbUc would not allow the dayes dedicated to C!hrist, 332 calderwood's historie 1566. but tooke exception against that part of the Confessioun ; yea, our Assembleis meete often upon the 25th of December, so that manie of the ministrie could not be at home in their owne parishes, to teache upon Christ's nativitie. This Confessioun, called commoun- lie the Latter Confessioun of Helvetia, was allowed not onlie by the Eark of Scotland, but also Geneve, Savoy, Pole, Hungarie ; but not the Kirk of England, becaus of the manie corruptions mamteaned by them, which are condemned in it. The Assemblie ordeaned a letter to be directed to the bishops of England, to entreate them to deale gentlie with the preachers, their brethrein, about the surplice and other apparell. Mr Knox penned the letter at the desire of the Assemblie, the tenor wherof folio weth : — " The Superintendents, Ministers, and Commissioners of Kirks within the realme of Scotland, to their Brethrein, the Bishops and Pastors in England, who have renounced the Roman Antichrist, and doe professe with them the Lord Jesus in sinceritie, desire the perpetuall increasse of the Holie Spmt. " By word and writt it is come to our knowledge, reverend pastors, that diverse of our deerest brethrein, amongst whom are some of the best learned within that realme, are deprived from ecclesiasticall functioun, and forbiddin to preach e ; and so by you are stayed to promote the kingdome of Jesus Christ, becaus their conscience will not suiFer them to putt on, at the commandement of authoritie, suche garments as idolaters in time of blindnesse have used in their idol- atrie. Which bruite cannot be but most dolorous to our heart, mindfull of that sentence of the apostle, ' If yee byte and devoure one another, tak heed least yee be consumed one of another.' We purpose not at this present to enter into the ground which we heare, by either partie, to be agitated with greater vehemencie than Weill liketh us : to witt, whether suche apparell is to be 1566. OF THE KIRK OF SCOTLAND, 333 counted among things Avhich are simplie indifferent or not. But in the bo wells of Jesus Christ we crave, that Christian charitie may so prevaile in you, (in you, we say, the pastors and leaders of the flocke in that realme,) that yee doe not to others that which yee would not others to doe to you. Yee cannot be ignorant how tender a thing the conscience of man is. All that have knowledge are not alike perswaded. Your conscience reclameth not at the wearing of suche garments. But manie thowsands, both godlle and learned, are otherwise perswaded, whose consciences are continuallie stricken with these sentences, ' What hath Christ Jesus to doe with Be- liall ?' ' What fellowship is there betwixt darknesse and light ?' If suirclothes, corner-cap, and tippet, have beene the badges of idola- ters in the verie act of their idolatrie, what hath the preacher of Christian libertie, and open rebooker of all superstitioun, to doe with the dregges of that Romish beast ; yea, what is he that ought not to feare either to tak in his hand, or his forehead, the print and marke of that odious beast ? Our brethrein who refuse of con- science that unprofitable apparell, doe neither damne nor molest you that use suche vaine trifles. If yee sail doe the like to them, we doubt not but therin yee sail please God, and comfort the hearts of manie who are wounded with the extremitie which is used against these godlie, and our beloved brethrein. Colour of rhe- torick or manlie perswasioun we will use none ; but charitablie we desire you to call that sentence of Peter to minde : ' Feede the flocke of God which is committed to your charge, cairing for it, not by constraint, but willinglie ; not as though yee were lords over God's heritage, but that yee may be exemples to the flocke.' Further, we desire you to meditat upon that sentence of the apostle, ' Give no offence neither to Jew, nor to Grecian, nor to the Kirk of God.' " In what conditioun of time yee and we both travell in pro- moting of Christ's kingdome, we suppose yee be not ignorant. Therefore, we are the more bold to exhort you to walke more cir- cumspectlie, than to trouble the godlie for suche vaniteis : for all things which may seeme lawflill edifie not. If the commandement of the authoritie urge the consciences of you and your brethrein, 334 calderwood's historie 15G6. with further than they can beare, we unfainedlie crave of you that yee remember, that yee are called the ' light of the world,' and the * salt of the earth.' All that are in civill authoritie have not the light of God shining before their eyes, in their statuts and com- mandements, but their affectiouns savour over muche of the earth, and of worldlie wisdome ; and therefore we thinke yee sould bold- lie oppone your self not onlie to all that power that will or darre extoll the self against God, but also against all suche as darre bur- thein the consciences of the faithfull, farther than God hath bur- thenned them by his owne Word. But heerin we may confesse our offence, that we have entered in reasouning farther than we purposed and promised at the beginning. And, therefore, we shortlie retume to our former humble supplicatioun, which is, that our brethrein who among you refuse the Romish rags may find of you, the prelats, suche favour, as our Head and Maister com- mandeth everie one of his members to show one to another ; which we looke to receave of your gentlenesse, not onlie for that yee feare to offend God's Majestic in troubling of your brethrein for suche vaine triffles, but also, becaus yee will not refuse the humble re- queist of us, your brethrein and fellow-preachers of Christ Jesus, in whom, albeit there appeareth no great worldlie pompe, yitt, we suppose, yee will not so farre despise us, but that yee wUl esteeme us to be of the number of these that fight against that Roman An- tichrist, and traveU that the kingdome of Christ Jesus may be universallie advanced. The dayes are evill, iniquitie aboundeth. Christian charitie groweth cold. Therefore, we ought the more diligentlie to watche, for the houre is uncertan when the Lord Jesus sail appeare, before whom yee, your brethrein, and we, must give acompt of our administration. And thus, in conclusioun, we once again crave favom' to our brethrein ; which granted, yee, in the Lord, sail command us in things of double more importance. The Lord Jesus rule your hearts in his true feare to the end, and give to you and to us victorie over that conjured enemie to all true religioun, to witt, over that Roman Antichrist, whose wounded head Satan by all meanes laboureth to cure again. But to de- 1566. OF THE KIRK OF SCOTLAND. 335 struction sail he and his mainteaners goe, by the power of the Lord Jesus, to whose mlghtie protectioun we heartllie committ you. From Edinburgh, out of our Generall Assemblie, and thrid sessioun therof, the 27th of December, 1566. " Your loving brethrein and fellow-preachers in Christ Jesus : — " Johne Craig. James Melvill. " Robert Pont. William Christesone. " Nicol Spittell. Johne Row. " David Lindsay. Johne Areskine. " Johne Wynrame. Johne Spotswod." A SUPPLICATION TO RECALL THE COMMISSION GEANTED TO THE BISHOP OF SANCT ANDREWES. It was ordeaned, that humble supplicatioun sould be made to the Lords of Secreit Counsell, tuiching the commissioun of juris- dictioun supponned, granted to the Bishop of Sanct Andrewes, to the effect their honours may stay the same, in respect that the causes for the most part judged by his usurped authoritie perteane to the true kirk. And howbeit for hope of good things, the As- semblie did oversee the queen's commissioun givin to suche as were for the most part brethrein, yitt can they no wise be content that the Bishop of Sanct Andrewes, a conjured enemie to Christ, use that jurisdictioun, and als, because in respect of that coloured com- missioun, he might usurpe again his old usurped authoi'itie ; and the same might be the meane to oppresse the whole kirk, by his corrupt judgement. The tenor of the supplicatioun foUoweth : — " The Generall Assemblie of the Kirk of Scotland, conveened at Edinburgh, the 25th of December, 1566, to the Nobihtie of this realme that professe the Lord Jesus with them, and hath renounced that Roman Antichrist, desire constancie in faith, and the spirit of righteous judgement. " Seing that Satan by all our negligences (right honorable) hath 336 CALDERWOOD^S HISTORIE 1566. SO farre prevailed wltlim this realme of late dayes, that we doe stand in extreme danger not onlie to lose our temporall possessiouns, but also to be deprived of the glorious Evangell of Jesus Christ, and so we, and our posteritie, to be left in damnable darknesse; we could no longer conteane ourselves, nor keepe silence, least, in so doing, we might be accused as guUtie of the blood of suche as sail perishe for laike of admonitioun, as the prophet threatneth. We, therefore, in the feare of our God, and with greef and anguish of our heart, compleane unto your honom*s ; yea, Ave must com- pleane unto God, and to aU liis obedient creatures, that that con- jured enemie of Jesus Christ, and cruell murtherer of our deare brethrein, most falsHe stiled Archbishop of Sanct Andrewes, is re- poned and restored by signatm-e past to his former tyrannic : for not onlie are his ancient jurisdictions, as they are termed, of the whole Bishoprick of Sanct Andrewes granted unto him, but also the executioun of judgement, coniirmatioun of testaments, and donatioun of benefices, as more amplie in his signature is expressed. If this be not to cure the head of the venemous beast, which once within this realme, by the potent hand of God, was so brokin doun and banished, that by tyrannic it could not have hurt the faithfully judge yee. His ancient jurisdiction was, that he, with certan col- legues, collaterals, might have damned of heresie upon probation, as pleased him and them ; to tak all that were suspected of heresie. What they have judged to be heresie heertofore, yee cannot be ignorant, and whether they remaine in their former malice or not, their fruicts and travells openlie declare. ' The danger may be feared,' say yee ; ' but what remedie ?' It is easie and at hand, right honorable, if yee will not betray the cans of God, and leave your brethrein, which will never be more subject to that usurped tyrannic, than they will to the devUl himself. Our queene, behke, is not Weill informed. She ought not, nor justlie may not, break the lawes of this realme ; and so, consequentlie, she may not sett up against us, "wdthout our consents, that Roman Antichrist againe. For in a lawfull and most free parhament that ever was in this realme before, was that odious beast deprived of all jurisdiction^ 2 15(36. OP THE KIRK OF SCOTLiUSTD. 337 office, and authoritic within the realrae. Her Majestie, at her first arrivall, and by diverse proclamations sensyne, hath expresslie for- biddin anie other forme and face of rehgion than that Avhich she found publictlie established at her arrivall. Therefore she may not bring us (the greatest part of the subjects of this realme) backe againe to boundage, till that als lawftill and als free a parliament as justlie damned that Antichrist and his usurped tyrannic, have givin decisioun betwixt us and him. If heerof, and of other things which no lesse concerne yourselves than us, yee plainlie and boldlie admonishe our soveran, and without tumult onlie crave justice, the tyrans darre no more be seene in lawfull judgement, than darre the owles in the day light. Weygh this mater as it is, and yee will find it more weyghtie than to manic it appeareth. Farther, at this present, we compleane not, but humblie crave of yoiu' Hon- ours a reasonable answere, what yee will doe in cace suche tyranns and devourinar Avoolves beo^inne to invade the flocke of Jesus Christ within this realme, under what title soever it be ; for this we bold- lie professe, that we will never acknowledge suche, either pastors to our soules, or yitt judges to our causes. And if for denyall therof we suffer either in bodie or in goods, we doubt not but we have not onlie a Judge to punishe them that unjustlie trouble us, but also an Advocat and strong Champion in heaven, to recompense them who for his name's sake suffer persecution ; whose Holie Spirit rule your hearts in his true feare to the end- Your Lordships' answere yitt againe we crave. Givin in the GeneraH Assemblie, and thrid sessioun therof, at Edinburgh, the 27th of December." Mr Knox wrote another letter, wherin he advertised what was the danger which might ensue of the gift and power granted to the bastard Bishop of Sanct Andrewes, as foUoweth : — " The Lord cometh, and sail not tarie. Blessed sail he be whom he sail find fighting against impietie. " To deplore the misereis of these our most wicked dayes, (be- loved brethrein,) can neither greatlie profite us, nather yitt releeve us of our present calamiteis ; and yitt utterlie to keepe silence VOL. II. Y 388 calderwood's histopje 156fi. cannot laike the suspicioun of apostasie, and plaine defectioun frome God, and frome his truthe once by us publicklie professed. For now are maters that in yeeres bypast have beene denyed so farre discovered, that he who seeth not the plaine subversioun of all true religioun within this realrae to be concluded, and decreed in the hearts of some, must either confesse himself blind, or elles an ene- mie to the religioun which we professe. For besides the open erecting of idolatrie in diverse parts of this realme, and besides the extreme povertie wherin our ministers are brought, by reasoun that idle bellels are fed upon that which justlie apperteaneth to suche as truelie preache Christ Jesus, and rightlie and by order minister his blessed sacraments, that cruell murtherer of our brethrein, falselie called Bishop of Sanct Andrewes, most unjustlie, and against all law, hath pi-esumed to his former tyrannic, as a signature past for his restitutioun to his ancient jurisdiction (as it is termed) more fullie doth proport. What end may be looked for of suche begin- nings, the halfe blind may see, as we suppose. And yitt, we have heard, that a certan summe of money and victuals sould be assign- ed by the queen e's Majestic, for sustentatioun of our ministrie. But how that anie suche assignatioun, or anie promise made therof, can stand in anie stable assurance, when that Roman Antichrist, by just lawes once banished frome this realme, sail be intmsed above us, we can no wise understand. Yea, farther, we cannot see what assurance can anie within this realme that hath professed the Lord Jesus have, of life or inheritance, if the head of that odious beast be cured among us. And, therefore, we yitt again, in the bowells of Christ Jesus, crave of you to looke unto this mater, and to ad- vertise us againe with reasonable expeditioun of your judgements, that in the feare of God, and with unitie of mindes, we may pro - ceed to crave justice, and oppone ourselves to suche tyrannic as most unjustlie is intended against us : for, if we thinke not that this last erecting of that wicked man is the verle setting up againe of that Eoman Antichrist within this realme, we are deprived of all right judgement. And what is that elles but to separat us and our posteritie frome God ; yea, and to cutt ourselves frome the freedome of this realme ? We desire, therefore, that the wisest 15()(5. OF THE KIRK OF SCOTLAND. 339 among you consider the Aveight of this cans, Avhich long hath beene neglected, partlie by our sleuth, and partlie by beleeving faire pro- mises, by which, to this houre, we have beene deceaved. And, therefore, we ought to be the more vigilent and circumspect, espe- ciallie seing that a parliament is proclamed. " We have sent to you the forme of a Supplicatioun and Arti- cles, which we would have presented to the queene's Majestic. If it please you, we would yee sould approve it by your subscriptions ; or if yee would alter it, we desire you so to doe, and we sail allow whatsoever yee sail propone, not repugnant to God. If it sail be thought expedient that commissioners of countreis sail convcene, to reasoun upon the most weightie maters that noAV occurre, the time and place appointed by you, and due advertisement givin unto us, by God's grace there sail no fault be found in us ; but as frome the beginning Ave have nather spaired substance nor life, so minde we not to faint unto the end, to mainteane the same, so long as we can find the concurrence of brethrein ; of whome (as God forbid) if Ave be destitute, yitt are Ave determined never to be subject to that lloman Antichrist, nather yitt to his usurped tyrannic. But Avhen that Ave can doe no farther to suppresse that odious beast, we minde to scale with our blood to our posteritie, that the bright knoAvledge of Jesus Christ hath banished that man of sinne, and his venemous doctrine, frome our hearts and consciences. Lett this our letter and requeist bearc Avitnesse before God, before his angells, before the Avorld, and before your OAvne conscience, that Ave require you that have professed the Lord Jesus within this realme, als Aveill nobilitie as gentlemen, burgesses, and commouns, to deliberat upon the estat of things present ; and speciallie, AA'he- ther that this usurped tyrannic of that Roman Antichrist sail be anie longer suffered Avithin this realme, seing, thnt by just law it is alreadie abolished. " 2. AVhether that Ave sail be bound to feed idle belleis upon the patrimonic of the kirk, Avhich justlie apperteaneth to ministers. "3. Whether that idolatrle, and other abominations Avhich uoav are more than evident, sail by us anie longer be niaintcancd and defended. 340 calderwood's historie 1567. " Answere us as yee will answere unto God, in whose feare Ave send these our letters unto you, least that our silence sould be compted for consent unto suche impietie. God take frome our hearts the blind love of ourselves, and all ungodlie feare. Amen. Lett us knoAV your mindes with expeditioun." MR KNOX HIS LICENCE TO GOE TO ENGLAND. Mr Knox obteaned licence frome the Assemblie to passe to Eng- land, upon conditioun he retume before the 25th of Junie nixt fol- lowing. It appeareth by the fomier Assemblie, that by some oc- casioun, the exercise of his mmistrie in Edinburgh was suspended for a Avliile. For there we find, that Mr Johne Craig, minister of Edinburgh, desu'ed that Johne Cairns, exhorter, might be joyned with him as collegue, in respect he Avas alone. This hath come, belike, through the malice of the court, displeased with his free re- booke of sinne.' Superintendents were injoyned to warne, or cause to be Avarned, all bishops, abbots, priom's, and other beneficed persons lifting up tithes wdthin their jurisdiction, to compeere at the nixt Generall Assemblie. M.D.LXAai. THE PRINCE TRANSPORTED. Whill everie man looked that the king sould have ended his dayes, the queene pretended CA^erie day she was to ryde to Glas- gow. But being uncertan of the event of things, her first care was, to have her young sonne transported out of Stirline to Edin- ' The following brief entry in the Diurnal of Occurrents, for the year 1565, ex- plains the cause of this suspension : — " Upoun the xix. day of August the king came to Sanctgellis' kirk, and Johne Knox preachit ; quhairat he was crabbit, and causit discharge the said Johne of his preitching." This perhaps was Darnley's greatest exertion of influence during the heyday of his very short-lived favour with the queen, and a part of the nobility. 1567. OF THE KIRK OF SCOTLAND. 341 burgh Castell. She pretended the wackenesse^ and coldnesse of the ah-e ; but the like was no lesse incommodious in Edinburgh Cas- tell. He is transported frome Stirline in Januar. THE QUEENE VISITETH HER HUSBAND AT GLASGOW. The king is like to overcome the force of the poysoun, by the vigour of his youth, and to recover his health. The queene hear- eth, that he had intentioun to passe to France or Spaine, and had some dealing with the English men for that effect, who had a shippe lying into Clyde Firth. This bruit was spread by his enemeis ; yea, some offered to kill him, if, when the queene sent for him, he refused to come. The queene, after she had sent sundrie letters, to purge herself of her unkindenesse, went to Glasgow, and tooke with her the Hammiltons, the cheefe enemeis of his father's hous, and among the rest, the bastard bishop, who had beene latelie re- conciled to her. Wliat was the maner of her visitation she herself sheweth, in a letter writtin to Bothwell, whom she left behind, to prepare a loodging for him in Edinburgh. In this letter, she telleth him that the king had sent for one of her servants, Joachin, and inquired if she were come for reconciliation or not ; and whether Bothwell was come, and whether she had takin Paris and Gilbert in service : how that when she come to him, he said, that the sight of her was so joyflill to him, that he thought he sould dee for verie joy, and was sorie that she was so sad ; how that he requeisted her to come to him after supper againe, which she did : that he imputed the caus of his sicknesse to her strangeness : that he would make no other testament, but leave all to her : that he confessed that he had offended her, but not in that which he had constantlie denyed : that he had offended some of her subjects, but the fault was for- givin by her, and promised never to committ the like offences againe : that he sought no other thing of her but fellowship at bed and boord, otherwise he sould never rise out of that bed : that lie suffered meekle paine becaus he had made her a God : that the ' Dampness. 342 caldekwood's historie 1567. caus wherefore he offended her is, becaus when he is offended, he can find no comfort nor assistance at her hands, which greeved him : that he denyed constantlie he had anie iutentioun to flee away in an Enghsh ship, but denyed not he had conference with some English men : that Minto told him, that one of the counsell had brought to her a warrant to subscrive, to command him either to enter in waird, or, if he obeyed not, to slay him : that he was de- sirous to have her loodge beside him, but that she refused, and ad- vised him to take purgatioun : that she said to him, that she would tak him for that effect to Craigmillar, where he might have physi- cians neere at hand, and she herself might visite him : that she never saw him in better health, nor ever heard him speeke with greater submissioun : that his father bled at the nose and mouth that day, which she willed him to conjecture what that did presage : that she did Avhat she could to exeme all feare and doubts out of his minde : that he was not greatlie deformed, yitt had gottin muche : that he had almost killed her with his breathe, but that she satt not before him, but in a chaire, at his bed end : that he feared his owne life, and that which w^as in working, but with two or three faire words was made againe free of suspicioun : tliat he goeth wood wl]_en Lethington is named : that she was Avorking late at night upon a bracelett, which she was to send to him, and willeth Bothwell to remember of the loodging at Edinbiu^gh. Manie love words telle useth to Bothwell in this letter, and willeth him not to be miscarreid with his owne wive's fained teares, or her brother the Erie of Huntlie his speeches, and refereth sundrie things to the bearer. She wrote other two letters also to Bothwell at the same time. THE JMURTHER OF THE KING. When the queenc with great difficultie liad, partlic by upbraid- ing and compleaning, partlic by flatterie, perswaded the king her husband of her renewed affectioun, he was content to be transported to Edinburgh, howbeit he had not yitt fiillie recovered his health, lie was carcid in a litter, and brought to a loodging :tp[)ointed for 1567. OF THE KIKK OF SCOTLAND. 343 him in Edinburgh, in the Kirk of Feild, neere the town wall, the most desert place of the toun. Manie of his servants forsmelling danger, left him. The few that remained could by no meanes gett the keyes of the loodging. The pretence of choosing this loodging Avas, the wholesomnesse of the aire. A posterne gate was made in the toun wall, that he might goe furth to the feilds, when he pleased, to refreshe himselfe, as was pretended. The time Avas no lesse fitting than the place, for Argile, Atholl, Huntlie, Bothwell, Flee- ming, Glames, Livingston, Arbrothe, the Bishop of Sanct Andrewes, and sindrie others of the nobilitie, Avere in the toun, in the meane time, so that others might have beene brought mider suspicioun as Weill as the guiltie. Whill as he Avas Avritting to his father, and assuring him, by manie evidences, of the queene's sincere love, the queene cometh in, and after she had read his letters, kisseth him, embraceth him often, and sheweth, that she noAV perceaved there rested no scruple or suspicioun in his heart. The Erie of Murrey addresseth himself to his journey toward Sanct Andrewes, to visite his ladie lying neere the point of death. The queene deteaneth him to dismisse honorablie, as she pretended, the Duke of Savoye's ambassader, who was sent to the baptisme of her sonne, but came too late. He stayed, hoAvbeit the caus was not so Aveightie, as to stay him frome visiting his Avife lying in childbed. The queene visiteth the king daylie, and reconcileth him and Bothwell. The queene's base brother, Lord Robert, reveeled to him secreitlie Avhat was intended against him, and Avilled him to provide for the safetie of his life, als Aveill as he might. But he coidd conceale nothing frome the queene. Lord Kobei't is called for, and denyeth that he had spokin anie suche thing. After they had givin other the lee, they putt their hands to their weapons. The queene calleth for the Erie of Murrey to ridde them. None other was present but Bothwell, Avho Avas readie to have dispatched either the one or the other, as he sould be found inferiour. The queene caused carie her bed out of the palace to the king's loodging, to the chamber be- neath the chamber where the king lay. She made more travell nor she needed ; for the king might have lyin in the palace neere 344 calderwood's historie 1567. herself, where the aire was more wholesome. Upon the Lord's day, the mnth of Februar, the Erie of MmTey being advertised that his ladie had parted with her birth, would not be stayed at the queene's requeist one day longer, but tooke journey presenthe be- fore sermoun. That day was Sebastian, one of the queene's minstrellers, mareid. The queene passed over the day at the briddell, in the palace. After supper, she went up frome the palace to the Kirk of Feild, to the king's loodging. She shewed not suche kindnesse to liim seven moneths before as then. She kissed him, and gave him a ring. Among other speeches, she said, that about the same time ^^ygane a yeere, David Eizio was slaine. As soone as Paris, a Frenche man, one of the partakers of the murther, came in her sight, when she was in the king's chamber, she would needs be gone, for she had forgo ttin a peece of duetie, and had not daunced after supper, and convoyed Sebastian's bride to her bed, according to the fashioun. The queene's bed had beene brought out of the loodo-ing, and a com'ser placed in the roome of it. The king, after her departure, beganne to recount to his servants manie speeches which passed that day, which might cherishe his hope of restitutioun to his former place in the queene's afFectioun ; yitt the mentioun of Seigneur Davie's slaughter seemed unseasonable, and marred all the pleasure he could otherwise reape of anie thing she had done or spokin. After the queene returned to the palace, accompaneid with the Erles of Argile, Huntlie, and CassHs, she had conference a long time with Bothwell. When he came to his owne chamber, he changed his apparell, and came to the toun, accompaneid with some of his complices. Two other companeis came sindrie wayes to the place appointed. Some went into his chamber, and strangled him, and another servant, lying in another bed beside, when they were sound sleeping. After that, they careid them by a posteme gate to the yards nixt adjacent : then was the hous blowin up in the aire. The loodgings neere hand did shake, and these who Avere sleepino' in the toun were wakened with astonishment. Bothwell returneth another way than he went. The queene calleth for the 1567. OF THE KIllK OF SCOTLxlND. 345 noblemen that were in the palace, and sent some to learne what the noise and tumult meant. Bothwell was sent for among the rest. These who were sent found the king lying naked in a yaird, with the shirt upon him, and his clothes and shoes lying apart be- side him, neither burnt nor singed. Everie man concluded in his owne minde that he was not blowne up, as Bothwell imagined they would conceave. His bodie was nather bruised nor brokin. Both- well relateth to the queene what he had heard and scene, as one ignorant, and woundering at the mater. The queene went to bed, and sleeped, till a great part of the day was spent. In the meane time the bniite was spread, and the report careid to England before the nixt day, that the king was murthered by the Erles of Murrey and Morton's device. But if they had beene the authors of this vile murther, why were they not apprehended, or charged to underly triell ? It is true that Morton, in Junie before, obteaned libertie to returne home by Bothwell his procurement, upon conditioun he came not within a mile to court. Bothwell was careful! to gaine freinds, at least to avert enemeis, by some bene- fite. Howbeit Morton understood what was in working, yitt durst he not reveele it to the king, for he saw by experience his futilitie, in reveeling to the queene what Lord Robert had discovered to him. His persuing of Bothwell after may cleare him sufficientlie of the vile imputation of art, part, or counsell of Bothwell. Farre lesse could this imputation be fastened upon the Erie of Murrey. The commouns of the countrie spaired not to affirme that Both- well, with knowledge and consent of the queene, together with his complices, were the authors and actors of this vile murther. The bastard Bishop of Sanct Andrewes loodged that night in the Erie of Arran's loodging, the neerest loodging to the hous which was blowin up in the aire ; where as before, he wount to loodge in some conspicuous part of the toun, where there was greatest repaire to hunt for salutatiouns. Light was scene in his loodging till the hous was blowin up ; and then the lights were putt out, and his ser- vants and dependers, who had beene watching tiU that time in their armour, forbiddin to goe furth. Is it likelie the Erles of Murrey 34G calderwood's historie 1567. and Morton would have made this bastard bishop privie to the con- spiracie, if they had contrived anie ? Thus have yee heard the maner of murthering King Henrie, upon the tenth of Februar, as Buchanan hath sett it doun in his Detectioun and his Historie. Manie particulars were discovered after, Avhich we reserve to their owne places. The circumstances alreadie mentioned may serve for an apologie for the Erles of Murrey and Morton. They brought him not to Edinburgh, they appointed him not his loodging. If the Erie of Murrey had aspired to the croAvne, he would have caused blow up the hous some night Avhen the queene lay there. THE KING BUREID. When manie of the commoun people had gazed long upon the king's corps, the queene caused it to be brought doun to the palace by some pyoners. She beheld the corps Avithout anie outward signe of joy or sorrow. When the lords had concluded among themselves that he sould be honorablie bureid, the queene caused his corps to be careid by some pyoners in the night, without so- lemnitie, and to be layed beside the sepulchre of David Rizio. If there had beene anie solemne buriall, Buchanan had wanted witt to relate otherwise, seing there would have beene so manie witnesses to testifie the conti'are ; therefore the contriver of the late . Historie of Queene Marie wanted policie heere to convoy a lee. /. THE ERLE OF ATHOLL DEPARTETH MALCONTENTED. The nixt night after the murther, the palace being watched, as the maner is in time of tumult, with araied men, the Erie of Atholl's servants heare, as it were, some undermyning the wall of his cham- ber without ; wherupon his servants watched all that night. The day following, he went to the toun, and soon after conveyed him- self away secreitlie out of the toun. He was most greeved, becaus he was neere of kin to the king, and the chcefe i)rocurer of the matche. 15H7. OF THE KIKK OF SCOTLAND. 347 CONSPIRACIE AGAINST MURREY. When the Erie of Murrey returneth from Sanct Andrewes to court, armed men were seene about his loodging. But, becaus his domesticks watched all the night, by reasoun he was sore vexed with the gutt, his enemeis were disappointed. Upon another night, Bothwell pretending he would goe visite him, becaus he was dis- eased with the gutt, intended to cutt him off with his owne hand. But, by the way, he was advertised that he was removed to Lord Robert's loodging, to be free of the noise and dinne of the palace. THE QUEENE CANNOT ENDURE LONG A COUNTERFOOTE MOURNING. The queene, according to an ancient custome, sould have keeped herself fourtie dayes within, and the doores and windowes sould have beene closed, in tokin of mourning ; but the windowes were opened, to lett in light, Avithin the fourth day. Before the twelth day, she went furth to Seton, not regarding what the people either thought or said ; Bothwell never parting from her side. There she went out to the feilds, to behold games and pastymes. In the meane time cometh Monsieur le Crocke, who had beene sent di- verse times before out of France. He showed how odious the fact was in forraine countreis. The queene returneth to Edinburgh, but, within few dayes, went furth again to Seton. The king's armour, horse, and houshold stuffe, were bestowed upon the mur- therers. A certane tailyeour, when he was to reforme the king's apparrell to Bothwell, said, jesting, he acknowledged heere the cus- tome of the countrie, by which the clothes of the dead fall to the hano-man. SLIGHT INQUISITION TO FIND OUT THE MURTHERERS. Soone after the murther, Bothwell and .some of his complicct 348 calderwood's htstorie 1567. went to the Erie of Ai-gile, Lord Cheefe Justice, and craved inqm- sitioun to be made, as if they had beene ignorant and innocent them- selves. Some sillie poore weomen were examined. They tem- pered their language as they could ; yitt some Avords escaped which the inquisitors expected not. They were dismissed as rash and fooKsh. The king's servants, so manie as escaped the danger, were demanded how the murtherers could gett entrance ? It was an- swered. They had not the keyes. It was asked, " Who had them ?" They answered, " The queene." Farther inquisitioun was in shew delayed, but in effect suppressed. Least the triell sould seeme al- together to be deserted, a summe of money was offered, by publick proclamatioun, to anie would detect the murtherers. No man durst accuse Bothwell, yitt the people spaired not to speeke freelie. Li- bells and pictures were affixed on conspicuous places : sundrie, walking through the streets in the darke night, proclamed the names of the guiltie. Sharper inqume was made to find out the authors of these Kbells, pictures, and night proclamatiouns, than to find out the murtherers : no paines, no expenses were spaired. All who coidd write faire, or draw pictures within the toun, were tried. An edict was published by open proclamatioun, that no man sett furth, or read anie of these libells, under the paine of death. THE CASTELL OF EDESTBURGH DELIVERED TO THE QUEENE. The queene dealeth with the Erie of Marr's freinds for the cas- tell of Edinburgh, for the erle himself was lying sicke at Stirline. It was agreed, at lenth, that her sonne sould be delivered to him at Stirline, providing some of his speciall freinds were delivered as pledges in the meane time. So the castell was delivered to the queene, which ought not to have beene done without [consent] of the estats : for upon that condition it Avas committed to his custodie. BOTHWELL CLEANGED BY AN ASSISE. The Erie of Lennox not darring come neere the court, urgeth. l0()7. OF THE KIRK OF SCOTLiVND. 349 notwithstanding, by missives, that the queene woukl cans Uothwell be committed to Avaird, and deteaned therin till he suffered triell. Seing it could not be longer shifted, it was hastened before the parliament, which was to be holdin the loth of Aprile. The Erie of Lennox, his mother, and neerest kinsmen, ought to have beene summouned to compeere within fourtie dayes, to accuse either by themselves, or by some procurators. But the erle himself onlie is summouned to compeere the loth day of Aprile, and discharged to come accompaneid otherwise than with his domestick servants. Bothwell, in the meane time, jetteth up and doun the street with great companeis of men. The Erie of Lennox, fearing to come among his foes without his freinds, and looking for no sincere deal- ing, compeered not ; so Bothwell was both defender and accuser. Robert Cunninghame, a gentleman of the hous of Lennox, took in- struments and documents, that they proceeded not according to order of law and justice : that the defender had strenthened himself against all feare of punishment ; and the accuser durst not compeere to ac- cuse, for feare of his life. He protested, whatsoever sentence sould be pronounced in favour of the defender, it sould be null, and of no force. They proceed notwithstanding ; and, least it sould be thought that they had committed wilfull errour, they protested that they absolved him for laike of an accuser. Some alledged, that they were appointed judges of a murther committed the 9th of Februar, when as the murther wherof he was accused was com- mitted the 10th of Februar. By suche trickes he was not clenged, but the slaunder augmented. Betwixt the summoning of the assise and the day appointed for triell, there was a libell affixed in pub- lick, wherin the cheefe that were upon the assise were published as gudtie of the same murther. Notwithstanding of the murmur- ing of the people., of hbells, of protestations, and instruments takin, he was absolved by five erles, five lords, five barons, a great num- ber of them being his freinds and favourers. Then another libell was affixed publicklie, accusing the lords of wilfull manswearing, to colour knaverie ; and want of all regarde of the credite of the coun- 350 calderwood's histoeie 1567. trie.' Some of the lords flattered BotliAvell, -without anie regard to conscience or credit of the countrie ; others were in feare, becaus Both well was srreat in court. BOTHWELL S CHALLENGE TO A SINGLE COMBAT. Howbeit Bothwell was absolved by the assise, when he came furth out of the tolbuith, he caused sett up a cartell subscrived Avith his owne hand, wherin he offered to fight in singular combat with anie gentle man undefamed, that durst say he was author of the king's murther. No man durst answere him apertlie at this time; yitt an honorable gentleman, whose name Avas then im- knowne, affixed upon the Croce an answere, and offered to prove, ' Both of these libels are contained in Calderwood's larger History. We copy the first as a specimen of the pasquinades of this period. I hold it best ye give him assise Of them that wrought the interprisc ; And consented to thatfoule band. And did subscrive it with their hand ; And other silUe, simple lords, Who feare their hanging into cords. God is not glee'd thogh ye him clenge ; Beleeve me, weill He will revenge The slaughter of that innocent lambo : Mihi vindictam, et ego retribuam. Ye wold faine clenge ; I love it the war ; It makes it the more suspect by farre. The farther in filth ye stampe, but doubt, The foullcr sal! your shoes come out. Ye, being chiftan of that tryst, Ye braid* of him that speired at Christ, " All sum ego, Jesu Christe?" Who answered, " Juda, tu di.visti" Here I advertise yow in time, If that ye clenge him of that crime, Ather for love, or yitt for terrour, I sail protest for wilfull errour. * Have resemUanpe. 15G7. OF THE KIRK OF SCOTLAND. 351 by tlie la^ of amies, that he was the cheefe author of that foiile and horrible murther, howbeit an inqueist, for feare of their lives, had slightlie quitt him. Becaus the King of France and the Queene of England had, by their ambassaders, craved a triell and condigne punishment, he humblie craved of their Majesteis, that they would desire of our queene a day might be appointed with her consent, and some place in their dominiouns, where the same may be tried by the law of amies, in their Highnesse presence, or their deputeis. He promised, upon the faith of a gentleman, to keepe the day and the place, providing safe conduct be granted by their Majesteis. He promised likewise, that the rest of the murtherers sould have the like offer made to them. HUNTLIE RESTORED. At this time a parliament was lioldin at Edinburgh, wherin no- thing was done, but the Erie of Huntlie restored to his father's lands. Howbeit the queene had promised to abrogat Popish lawes, and to establishe the authoritie of the reformed kirk, she denyeth now that she promised anie suche thing. When two proclama- tions, made since her arrivall, were alledged, she biddeth the com- missionei's of the kirk come again another day ; but it was not her purpose to grant them audience. THE LORDS CONSENT TO THE MATCHE BETAVIXT THE QUEENE AND BOTIIWELL. About the same time, Bothwell invited the nobilitie to supper. When they were weill cheered, he presented to them a writt, to be subscrived. That they might be the more willing, he thanked them for their bygane favours, and letteth them know, that by giv- ing their consents, they might winne to themselves the queen's fa- vour. They were astonished with such an unexpected petition ; yitt some made for the purpose, putt to their hand. The rest not knowing what number there were of flatterers, and everie one sus- o52 calderwood's iiistorie 1567. pecting another, all followed and subscrived. The day following, callmg to remembrance what they had done, they protested inge- nuouslie, they would not have subscrived, if they had not thought it would have beene acceptable to the queene : for it might be not onlie prejudicial! to the commoun weale, but also might be layed to their owne charge, that they had betrayed the queene, and, in a maner, driven her to a base mariage, in cace discord sould arise betwixt her and Bothwell ; and that she reject him as she did her first husband. Therefore, it was thought expedient now in time to seeke a ratificatioun of that which they had done, sub- scrived with her owne hand. It was easilie obteaned, and with commoun consent committed to the custodie of the Erie of Ar- gile. The tenor of the band foUoweth : — THE W^RITT SUBSCRIVED BY THE LORDS. " Wee, under-subscriving, understanding that the noble and mightie Lord James Erie of Bothwell, Lord Hales, Crichton, and Liddisdaill, Great Admirall of Scotland, and Lieutenant to our Soverane Ladie over all the marches therof, being not onlie bruited and calumniated by placats presentlie affixed on publick places of the burgh of Edinburgh, and otherwise slaundered by his evillwillers and privie enemeis, as art and part of the haynous murther of the king, the queen's Majestie's late husband, but als being delated of the same, by speciall letters sent to her Highnesse by the Erie of Lennox, who thereby earnestlie craved and desired the said Erie Bothwell to be tried of the said murther, is by condigne inqueist, and assise of diverse noblemen, his peeres and others, barons of good reputatioun, found innocent and guiltlesse of the odious crime objected to him, and acquitt therof, conforme to the lawes of this realrae : Avho, also, for farther triell of his part, hath offered him readie to defend and mainteane his innocencie against all that Avill impugne the same, by the law of amies ; and so, hath omitted nothing for the perfyte triell of his accusatioun, that anie noble man of honour, by the laAves, ought to underly and accomplishe. 1567. OF THE KIRK OF SCOTLAND. .353 And we, considering the ancietie and noblenesse of his hous, the honorable and good service done by his predecessors, and himself in speciaU, to our soverane ladie, and for defence of this her High- nesse' realme against the enemeis therof, and the amitie and freind- ship which so long hath persevered betwixt his hous and forbeares, and everie one of us, and our predecessors in particular ; and on the other jiart, seing how all noblemen standing in the reputatioun, honour, and credit, of their soverane, are commounlie subject to susteane, als weill the vaine bruites of the unconstant people, as the accusatiouns and calumneis of their latent adversareis, invyfull of their place and vocatioun ; which both being practised against the said Erie Bothwell, we acknowledge ourselves of freindship oblished and astricted to withstand and represse ; and therefore to be bound and oblished, and by the tenor heerof, upon our hon- ours, faith, and truthe, in our bodeis, and as we are noblemen, and wiU answere to God, oblishe us and pi'omitt, that in cace heerafter anie maner of person or persons in whatsomever maner sail happin to slaunder, backbyte, or calumniat the said erle, as participant art or part of the said haynous murther, wherof ordinarie justice hath acquitt him, and for which he hath offered to doe his devoire, by the laAv of armes, in maner before expreemed : Wee, and everie one of us, by ourselves, kin, freinds, and assisters, partakers, and all that wUl doe for us, sail tak effald,^ plaine, and upright part with him, to his defence and maintenance of his querrell, with our bodeis and goods, against all his privie or patent calumniators, by- past or to come, or anie others whatsomever, presuming anie thing in word or deid to his reproche, dishonour, or infamie. Moreover, Aveighing and considering the time present, and how the queen's Majestic, our soverane, is now at God's pleasure destitut of an husband, in which solitarie estate the commoun weale of tliis our native coimtrie may not permitt her Highnesse alwayes to continue, but at some time her Majestic, in apparence, for the commoditie of her realme, must yeeld unto a mariage : And, therefore, in cace the former aifectionat and heartlic service of the said erle done to her iSIajestie frome time to time, and his other good qualiteis and beha- ' Sincere. VOL. II. Z 354 CALDER wood's itistorte 1567. viour, may move hei* Majestic so farre to liumble her self, as prefer- ring one of her owne subjects unto all forraine princes, to tak to hus- band the said erle, we, and everie one of us, under-subscrlving, upon oiu" honom-s, truthe, and fidehtie, as said is, oblishe us, and promitt, not onlie to fortifie, advance, and sett fordward the mariage, to be compleit and solemnized betwixt her Highnesse and the said noble erle, with our votes, counsell, fortification, and assistance, in word and deid, at suche time as it sail please her Majestic to think it con- venient, and how scone the lawes sail leave it to be done ; but in cace anle would presume du'ectlie or indirectlie, openlie, or under what- somever colour or pretence, to hinder, hold back, disturbe, or impede the same mariage, we sail in that behalf esteeme, hold, and reput the hinderers, disturbers, and adversaries therof, our commoun enemeis, and evill willers ; and, notAvithstanding, sail advance, for- tifie, and sett fordward the said erle thereto, so farre as it may please our soverane ladie to alloAv : and in that querrell, sail spend and bestow om* lives and goods, against all that live or dee may, as we saU answere to God, and upon our honours and fidelitie : And in case we doe in the contrare, never to have reputatioun, honestie, nor credit, in time heerafter ; but to be accompted unworthie and faithlesse creatures. In witnesse of which things, Ave have subscrived thir presents with our hands, as followeth : — At Edinburgh, the 20th day of Aprile, the yeere of God 1567 yeeres. Before thir Avitnesses, George Erie of Huntlie. Sanct AndrcAves. (This subscrip- Archibald Erie of Argile. tion is counterfoote in the ArroU. principall.) Crawfiird. Joannes Episcopus Kosensis. Cassils. William Bishop of Aberdeen. Morton. Alexander Candidaj Casa?. Sutherland. William Bishop of Dumblane. Cathnesse. Alexander Episcopus Brechinen- Johne Lord Glames. sis. Robert Lord Boyd. Johne Bishop of the Isles. James Lord Osrilvle. l''>07. OV TIIIC KIRK OF SCOTLAND. rj')') 13 Mensis Maij, Anno Domini 1567. " Having scene and considered the band above w^rittin, promit- teth in the word of a prince, that she nor her successours, sail never impute crime nor offence to * * in cans therof their subscriptloun or consent givin to the mater conteaned, * * or their heyres sail never be called nor accused therefore ; nor yitt * * subscriving be anie deragation or spott to their honours, or they esteemed * * of * * notwithstanding whatsomever things may tend or * * In wit- nesse wherof, her Majestic hath subscrived the samine * * ." BOTinVELL DIVORCED FROM HIS LADIE. Katharine Gordoun is compelled by the Erie of Bothwell, her husband, to intend an actioun of divorcement before the commis- sars. She accviseth him of adnlterie, and obteaneth divorcement. She persueth him likewise before the judges delegat by the bastard bishop of Sanct Andrewes, alledging that he had carnall copula- tioun with a neere kinsAvoman of his before their mariage, and, therefore, she could not be his lawfull wife. Lett the reader judge upon what intentioun this commissioun of jurisdictioun was givin to the bastard bishop before the murther of the king, and before the last Generall Assemblie. By the lawes of the realme he had no power to constitut judges, for anie suche causes. This actioun was intended and ended Avithin tenne dayes. She was moved to pei'sue for divorcement, partlie for feare of her life, partlie, that the restitutioun of her brother to his father's lands might not be hin- dered. So it appeareth this processe was led before the Parliament. THE QUEENE INTENDING TO BRING HER 80NE FROM RTIRLINE IS DISAPPOINTED. After that the Lords had consented to the matche, the queene went to Stirline, of purpose to bring her sonne with her to Edin- 35 G calderwood's historie 1567. burgh. Johne Erie of Marr admitted her to the sight of her sonne ; but suspecting her intentioun, had so provided that he was master and commander. The queene dissembleth her purpose, and return- eth. A greevous paine seazed upon her within foure myle to Stir- Hne. Whether it j^roceeded of her travell, or greefe becaus she was disappointed, it is uncertane. After she recovered of lier paine, she cometh fordward to Linhthquo. BOTHWELL LEADETH THE QUEENE, AS IT WERE, CAPTIVE TO DUMBAR. When the queene came to Linhthquo, she sent Paris, her ser- vant, with a letter to Both well. Bothwell cometh soone after, to witt, upon the 24th of Aprile, accompanied with six hundreth horse ; and stayeth at Almond bridge till the queene came fordward out of Linlithquo : taketh her, and leadeth her, as it were, captive to Dumbar. This fact was thought a device of Johne Leslie, Bishop of Rosse ; for it being the order of our countrie, when a man gett- eth his remissiouu, the most haynous crimes are expressed by name, and the other crimes included in generaU termes, the conspirators ashamed to expresse the king's murther, committed this fained rapt, a crime of lese-majestie, in shew wherof, they doubted not to gett a remissioun suppose it were expressed ; and so, the miurther might be included in this, or the like generall claus, " And for all other unlawfull deeds." The sounder pai't of the nobilitie conveened at Stirhne, sent to the queene, to understand whether she was takin and holdin captive against her will. If against her A\all, they offer to sett her at libertie. She answered, she was takin against her will ; but hath beene sensyne so courteouslie used, that she had no great cans to compleane. The lords tooke this confessioun as a ground of their interprise, which they keejjed closse till a fitt opportunitie. 15G7. OF THE KIKK OF SCOTLAND. 357 THE QUEENE DECLARETH HERSELF TO BE SETT AT LIBERTIE. The shew of the queen's captivitie was a stay to the finishing of the raariage ; therefore Bothwell convoyeth the queene to Edin- burgh, that the queen being sett at libertie nothing sould be al- ledged to be extorted. But few or none suspected anie constraint. By the way his freinds and dependers cast fi^om them their speares and lances, least that maner of convoy might argue against them that she was captive. They convoy her up to the castell, which then was in the Erie of Bothwell his custodie. The day following, she Cometh doun frome the castell, presenteth herself before the lords, and declareth herself to be free, and at libertie. THE MARIAGE BETWEEN THE QUEENE AND BOTHWELL SOLEMNIZED. The reader of the kirk, Johne Cairns, obstinatlie refusing to pro- clame the bannes of mariage, the elders and deacons layed the bur- tliein upon Mr Johne Craig, minister. He yeelded, but withal professed he would declare some impediment to stay the mariage. The queene and Bothwell could by no meanes drive him from his alledgance ; yitt make they [)reparatioun for the solemnitie. Upon the 12th day of May, Bothwell was created Duke of Orkney. Upon the 16th day, James Hepburne, Lord Hales, Erie of Both- Avell, Duke of Orkney, and Marie Stewart, Queene of Scotland, were joyned in the band of matrimonie, by the Bishop of Orkney, who accepted this peece of service when all others had refused. Others alledged just impediments ; speciallie that he had yitt two Avives alive, and the thrid he had separat from him, alledging or confessing adulterie to his owne turpitude. Manic of the nobilitie were gone out of the toun. Some few of Bothwell his freinds and favourers staying behind, were invited to the bridell. The Frenche ambassadei". La Crocke, denycd his presence, howbcit he was one of the G wise's fact ioun, becaus her owne freinds and the King of 358 caldekwood's histoiue 1567. France mislykcd, and the people abhorred her manage. The Bi- shop of Orkney, at the manage, made a declaratioun of the Erie of Bothwell his repentance for his former offensive life ; how he had joyned himself to the Kirk, and embraced the reformed religioim : but they vv'ere maried the same day, in the morning, with a masse, as Avas reported by men of credite. What doctrine sounded in the pulpits in these times, may be easilie considered, by the chapters chosin for the fast, which was celebrated the secund and thrid Lord's day of May. The note of the chapters is extant in our Psalme-bookes, at the end of the treatise of Fasting;.^ THE QUEENE EXCUSETII THE DISPAKAGEMENT OF THE MAKIAGE TO THE KING OF FRANCE AXD THE G^VISES. The queene, knowing xerie weill Avhat evill opinioun the King of France and the Gwises would conceave of tliis mariage, sent Wil- liam Bishop of Duniblane to them, ^ith instructions how to excuse her, and to grace the mater it self. The instructions are prolixe, sett doun at large by Buchanan, and translated by Holinshed. The instructions are forged, and full of lees, as the reader may per- ceave, if he will read and examine them. A BXSD SUBSCRIVED BY THE QUEEXE, BOTHAVELL, AND OTHEii LORDS. The queene and Bothwell convocated a number of the nobilitie, and presented unto them a band, to be subsciived and sAvorne unto ; \'iz., to defend the queene and Bothwell, and all their deeds ; wherin they, on the other part, Avere bound to favom' and protect the confederats. The most part being induced before, subscrived ; the rest folloAved for feare. The Erie of Murrey AA'as sent for to Seton. Courteours directed by the queene to him, asked, if he ' These cbaptei-s were, Ezek. iii. ; Zeph. i. ; Numbers xvi. and xxv. ; Josh. vii. ; 1 Sam. iv-vii. and xv. ; 1 Kings xv. ; 2 Chron. xxvi ; Isa. iii. ; Jerera. .\xxiv. ; Hos. iv. ; Amos vi. ; Obad. ; Mich. ii. ; Zachar. v. ; Ezra iv. ; Xehem. i.x- 1567. OF THE KUUv OV SCOTLAND. 359 would subscrive the band. lie ansAvered, he could not, with ho- iiestie subscrive a band with the queene, whom he ought otherwise to obey in all things lawfull. At her requeist he Avas content to be I'econciled with BotliAvell, and to stand to auie thing he had promised; but to make a band with him, or auie other subject, he thought it prejudicial] to the commoun Aveale. The queene spake to him faire manic dayes : BotliAvell himself assayed what he could procure at his hands. After manie purposes, he said, "• I com- mitted not that fact of my owne motive, or for my self alone." The other frowned Avith his countenance. BotliAvell seeketh occa- sioun of a plea, and skarse absteaneth from opprobrious speeches : the other ansAvered coldlie and calmlie, but upon no conditioun AA'ould subscriA'C the band. When he perceaved that troubles Avere like to arise, he craved licence frome the queene to goe to Sanct Andrewes, or if it pleased her, to Murrey. At lenth he purchased licence to goe to France, upon conditioun he stayed not long in England. THE QUEENE AND BOTHWELL SET THEMSELVES AGAINST THE NON-SUBSCRIVEES. When the queene and Bothwell Avere rid of the Erie of Murrey, Avhom they muche feared, becaus he Avas popular, they sett them- selves against others who had not subscrived, namelie, these who had banded together for the prince ; to Avitt, the Erles of Ai'gile, Atholl, Glencarne, Marr, Lord Lindsay, and Lord Boyd. But Argile, the day after he joyned with them, reveeled all their de- signes to the queene. Boyd was allured with manie faire promises to her factioun. There Avere also others no lesse suspected by the queene and Bothwell ; Alexander Lord Hume, Walter Ker, Laird of Cesfurd, Walter Scot of Balcleughe, becaus they lay neere to Liddisdaill or Lothiane, where Bothwell had heritage or freind- ship. BothAvell being minded to make a road into Liddisdaill to repaire his discredit he had receaved the yeere before,' the cheefe ' BothwL'U's misadventure among the thieves of Liddisdale, excited so much nicr- i-imont and scorn, and is so freriuently alluded to by cotcmporary writers, that the olio calderwood's historie 1567. of the claus were commanded to enter in the castell of Edinburgh, to remain for a seasoun, least, as was pretended, they sould hinder the successe of his expeditioun ; and that, in their absence, their dependers might be acquainted with the commanderaent of others. But they, suspecting some other thing, went home in the night, all except Sir Andrew Ker of Phairnihirst, who was judged not igno- rant of the murther of the king, and Walter Ker, Laird of Cesfurde, a Weill meaning man, suspecting nothing. The Lord Hume re- fused to come in. All men were charged by proclamation to pre- pare themselves against the 12th of June, to ryde Avith Bothwell to Liddisdaill. The queen and Bothwell went to Borthwicke cas- tell, which is distant from Edinburgh seven myle, upon the 6th of June, with artillerie and men of warre. following particular account of it from the Diurnal may perhaps not improperly be introduced here : " Upoun the samyn day, James Erie Bothwell, liOrd Hailis of Cryghioun, being- send be our soveranis to bring in certane thevis and malefactouris of Liddisdaill, to the Justice Air, to be puneist for their demeritis, and he being serchand the feildis about the Hermitage, efter that he had takin certane of the saidis thevis, and had put thame in the place of the said Hermitage in presoun, chancit upon ane theif callit Johne Elvat of the Park. And efter he had takin him, the said Johne speirit gif he wald saif his lyff; the said Erie Both will said gif ane assyiss wald mak him clene, he was hertlie contentit ; bot he belmvit to pas to the queenis Grace. The said Johne heirand thaj wordis, slipis fra his horse to have rune away ; bot in the lychting, the said erie schot him with ane dag in the body, and lichtit doun to have taken him agane ; and follovvand feirselie upoun the said theif, the said erle slipit ower ane souch, and tomblit doun the same, quhair throw he was sa hurt that he swounit. The said Johne persaveand himself schot, and the erle fallin, he geid to him quhair he lay, and gaif him thrie woundis, ane in the bodie, ane in the held, and ane in the hand ; and my lord gaif him twa straikis with ane quhingar at the paip, and the said theif de- pairtit ; and my lord lay in swoun quhill his servantis come and carijt him to the Hermitage. At his coming thairto, the saidis thevis quhilk was in presoune in the Hermitage had gottin furth thairof, and wes maisteris of the said place, and wald not let my Lord Bothwell in the said place, quhill ane callit Robei-t Eliot of the Schaw come and said, that gif thaj wald let in my Lord Bothwell, he wald saif all thair lyvis, and let thame gang hame ; and sua thaj let my lord in ; and gif he had not gottin in at that time, he and all his companie had been slane. And the said theif that hurt my Lord Bothwell, dcceissit within ane myle, upone ane hill, of the woundis gottin fra my Lord Bothwell of bcfoir" 1567. OF THE KIKK OF SCOTLANJ>. 361 THE QUEENE AND BOTHWELL FLEE TO DUMBAll, When the queene was staying at Borthwicke castell the lords of the other factioun gather together two thowsand men, before the queene understood of their gathering. The lords sould have mett at Libberton. Morton came to the appointed place. The Lord Hume came to the castell of Borthwicke, accompaneid with eight hundrethmen armed withjacke and speere, of which number an hundreth gentlemen came with young Cesfurde, to assist him. The Lord Hume not having a sufficient number to keepe all pass- ages about the castell, and being withall somewhat negligent, be- caus he feared the Lord had deserted the cause, Bothwell first es- caped, and then the queene, disguised in man's apparrell, folloAved to Dumbar. The lords sould have met together at Libberton ; but the Erie of Atholl, either his fearefulnesse or sleuth, stayed them at Stirline longer than the appointed time. Howbeit the diett was not keeped, yitt they came fordward with the greatest part of their armie to Edinburgh. When the Lord Hume heard that Bothwell had escaped, he returneth from Borthwick castell, and mett the lords upon the elleventh of June. BOTHWELL PROCLAIMED AUTHOR OF THE KING's MURTHER. When the lords were conveened at Edinburgh, they proclaimed the Erie of Bothwell to be the cheefe author of the murther of the king, and that their intentioun was to be avenged upon him for that murther.^ TRANSACTION BETWEEN THE LORDS AND SIR JAMES BALFOUR FOR THE CASTELL OF EDINBURGH. Sir James Balfour had the custodie of the castell of Edinburah committed to him by the Erie Bothwell. lie was a cheefe actor in the nnu'tlier; yitt not being recompensed as he wished, and ' For this Aft of the Lords, soo Appendix, letter B. 362 calderwood's historie 1567. Bothwell having attempted to remove liiiUj he removed so manic as favom'ed the queen's factioun, and beganne to transact with the lords about the randering of the castell. In time of this transac- tioun, he lett out at a posterne gate the Erie of Huntlie, the Bi- shop of Sanct Andrewes, the Bishop of Rosse, whom he had re- ceaved in when the lords came to Edinburgh. THE QUEENE TAKIN AT CARBARIE HILL. The lords found not suche concurrence out of aU quarters as they expected, and suche worthie enterprise required ; for manie fa- voured the other partie, or suspended their aide, till they saw far- ther. They wanted likewise artillerie and mimitioun necessarie for the siege. When they beganne to deliberat upon dissolving their armie, the queen cometh fordward Tvith her forces. She had two hundreth harquebusiers, under the conduct of Captan Anstruther. Her forces consisted of two thoAvsand five hundreth men, but the most part Avere commouns. The Lords Seton, Yester, Borth- Avicke ; the Lairds of Basse, Waughton, Ormeston in Tiviotdaill, Wedderburne, Langton, Blanerne, and Sii" Andrew Ker of Hirsill, weve the cheefe. If she had stayed lier forces had encreassed ; but she being confident in this number, determined to marche to Leith. Mr Edmund Hay, the Erie Botliwel's procm'ator, made her beleeve that at the v^erie bruite of her comming the confe- derat lords would take the flight. When they came through Glaidsmure, an hundreth pund land of old extent was promised, by open proclamatioun, to him that sould slay an erle or lord ; fourtie pund land to him that sould slay a baron, ten pund land to him that sould slay a gentleman, the escheat of a yeaman to him that slayeth a yeaman. The lords being advertised, a little before midnight, of their comming, the trumpets were blowin, the commoun bell knelled. They Avent out on foote, till they came to the Stoods, to the num- ber of tAVO thowsand men. There were no harquebusiei's among tlicni, except some voluntars of Edinljurgh. The Erles of Morton, 15(J7. OF THE KUIK OF SCOTLAND. 363 Atlioll, JMarr, Glciicarne, the Maister of Montrose, Lords Hume, Rutliveu, Lindsay, Sempill, Sanquliair, Lairds Tullibardin, Ces- furde, Dumlanrig, Grange, were the cheefe leaders. They went fiirth at tAvo houres of the morning, stayed till five, and sent furth in the mean time to trie where the other partie was. When they heard they were at Seton, they sent for their horse, and marched till they came to Mussilburgh bridge, where they refreshed them- selves a little, till seven houres. About this time, the queenc came furth of Seton to Fawside, or Carbarrie Hill, above Mussilburgh. The lords marching toward Preston, perceaving the queen's armie standing upon the top of Carbarrie Hill, arrayed, returne, and cast about to ascend where the hill was not steepe, but not tiU after noone, that the sunne might shine upon their backes. Foure hundreth men were allowed to young Dumlanrig, Manderston, and Huttonhall, to disturbe and breake the array of their gunners. The Erie of Morton and Lord Hume were conductors of the avant- guarde ; the Erles of Marr, Atholl, Glencarne, Lindsay, Sempill, Sanquhare, Euthven, &c., conducted the rere-guarde. Monsieur le Crocke desired the mater to be takin up without blood, and pro- mised to procure pardoun for all oiFences bypast, and that they sould incurre no danger for taking amies against her for that day. Morton answered. They tooke not amies against the queen, but against the murtherer of the king. If the queene woidd deliver liiui to be punished, or seperat herself frome him, they Avoiiid con- tinue in due obedience ; otherwise, there could be no reconcilia- tioun. Glencarne said, They came not in amies to crave pardoun lor anie offence, but rather to give pardoun to suche as had offended. The arabassader, knowing the equitie of their cans, left them, and went unto Edinburgh. The queen's armie stood upon Carbarrie-hill, where the English armie camped some yeeres before : the lords' armie stood over aoainst them, on the north side of Cowsland. Bothwell came furth Weill mounted before the armie, and by a cryer, offered the singular conibat, tor tricll of his innocencic. James Murrey of Tullibardin, the man who before had affixed uj)on the Crocc of Edinburgh an 3(34 calderwood'8 histokie 1567. answere to his challenge, accepted the offer : the other refused, pretending he was not his equall in degree of lionour. Then his brother, William Murrey, Laird of Tidlibardin, offered to fight, and alledged his hous to be more ancient than his. He still refused, and craved an erle ; speciallie, he provoked the Erie of Morton. He accepteth the offer, and craveth to fight on foote, with two- handed swords. But Patrik Lord Lindsay besought the lords of courtesie, and in recompence of all the service he had done, or could doe, to honour him with that combat, claiming it also as due to him, in respect of his kindred with the defunct king. It was granted. The Erie of Morton gave him Archibald Erie of Angus, called Bell-the-Cat his sword, which frome that time furth, the Lord Lindsay caned about with him continuallie. When he was in readinesse, the queene called for Bothwell, and said he Avas her husband ; he sail not fight with anie of them. She perswaded him to withdraw himself secreitlie out of the feild ; for she had tried, that few except his owne freinds and dependers were willing to fight ; at least, were desirous the battell might be delayed till the nixt day, that Huntlie and the Bishop of Sanct Andrewes come with new forces, if Bothwell, in the meane time, would not decide the questiomi by single combat. She weeped, fretted, upbraided the barons and lairds : then she sent to the lords, desiring them to send to her William Kirkaldie of Grange, pretending she would conferre with him upon conditioims. He is sent, and they stay in a lower place, to avoide the shott of her artillerie and feild peeces. Whill the queen was confemng with Grange, Bothwell conveyed himself secreetlie from the armie, and hasted with speed to Dum- bar, himself alone, becaus he would trust none ; yitt others report with seven or eight. After he had takin the flight, sindrie shrinked away by hundreths, fourteis, and thretteis. One was sent frome the queen's armie witli a long picke, and cast it doun before the horsemen of the other armie, in tokin the victorie was theirs. The queen cometh with Grange to the lords, in a short pitticoate, little syder than her knees. She was receaved with respect by Morton and Hume, leaders of the a^ant-guarde. She desired libertie to 1507. OF THE KIRK OF SCOTLAND. 365 goe to the Hammiltons, who were said to be neere hand at Cor- storphine, to give them thanks for their willingnesse to serve her, promising fiiithfulKe to returne, and desired the Erie of Morton to be cautioner. He refuseth, seing Bothwell was fled, and their ene- meis wanted her to be a head, which was a great advantage. Then she upbraided them with benefites which she had bestowed upon them. When she came to the rere-guarde, all cried out, to burne the whoore and raurtherer of her husband. An ensigne was caried before her wheresoever she went, by two men, stented betwixt two speeres, wherin was painted her husband lying dead under a tree, and beside him her young sonne at his head, heaving up his hands, and above his head these words, " Judge and revenge my cause, O Lord !" She could skarse be holdin upon horsebacke, for greefe and faintnessc. So soone as she recovered, she burst furth in teares, threats, reproaches, as her discontentment moved. All the way she lingered, looking for some helpe. She came to Edinburgh about ten houres at night, her face all disfigured with dust and teares. The throng of the people was so thicke, that it behoved the armie to marche single, man by man. A BLIND TUMULT IN EDINBURGH AFTER HER ENTRIE. The day following, that is the 16th of June, a discord arising betwixt two men, the one cried, " A Hume !" wherupon the Lord Hume went to the street with his freinds, and would suffer none to come to the street for the space of three houres. A great tu- mult there was at the knelling of the bell ; evei'ie man mervelled what the mater meant. It was supposed afterward that this tu- mult was devised purposlie, that tlic queene might escape. THE ENSIGNE STENTED AGAIN BEFORE ITER. Tlic ensigne was again displeyed over against her windoAv, which, Avhen she perceaved, she closed herself againe. Her spirit was not yitt throughlie dauntoned ; for when she entered in her loodging SfiO calderwood's iiistorie 15G7. a certan woman spaired not iniprecatiouns against lier : .slio turned, and threatned to cans bnrne the tonn, and then .slocken tlic fire with tlie blood of (its) pei-fidions inhabitants. THE QUEEXE IMPRISONXED IX LOCHLEVIN. Great diversitie of opinions there was among the lords Avhat sould nixt be done. Mortoun would have her life spaired, with provisioun of securitie to religioun. It was answered, so long as she was alive some woidd attempt her libertie ; and then, if she escaped, all promises would be eluded, and imputed to feare or compulsioun : yea, some said, that as he was a stayer of justice he sould feele the justice of God striking him with the sword. If it be unlawfiill to execute her, then her deteaning sail be unlawfoll, and all that they had done might be called in questioun. It was, notwithstanding concluded, that she sould be sent to Lochlevin, and committed to the custodie of William Dowglas, Laird of Loch- levin. The Lords Ruthven and Lindsay convoyed her. AN IXVENTAR OF THE QUEEN's JEWELLS TAKIN. The lords went doun to the Palace of Halyrudhous, and tooke up an inventar of the plait, jeweUs, and other movables. Upon the 24th day of June they threw doun sindrie things in the queen's chappell, where the queene had her masse. CAPTAN BLACADER TAKIN, About this time Captan Clerk went to the seas, and brought in Captan Blacader, and some others, guiltie of the murthor of the king. They were con^^cted, but denied obstinatlie. DUMBLANE DELIVERING HIS MESSAGE, IS INTERRUPTED. The Bishop of Dumblane, sent, as yee have heard before, to 3 1567. OF THE KIRK OF SCOTLAND. 367 Fnincc, craved a day to be sett, for hearing his instructions and message. When he beganne to mak his harang before the king and his mother the queene ; to extoll Bothwell, to excuse the con- tracting and finishing of the mariage without their knowledge, the queene interrupted him, and produced the letters which she had receaved out of Scotland, wherin was declared, that Bothwell had takin the flight, and the queen was takin captive. He, astonished Avith suche unexpected newes, held his peace. Some girned, some laughed : no man thought anie thing had befallin which she had not deserved. The king and queene had receaved letters from Le Crocke and Captan Cockburne. bothwel's silver casket intercepted. About the same time Bothwell sent to the Castell of Edinburgh for a silver casket, which belonged sometime to the King of France, as the letters upon it testified. In it were conteaned the queen's letters to Bothwell, contracts, songs, &c., which Bothwell keeped, fearing her inconstancie, to be a testimonie against her, howbeit she had desired him to burne the letters after he had read them. Sir James Balfour delivered the casket to the messinger, but with- all advertised some of the lords what he was careing to BotliAvell. The casket is intercepted, wherin were found the letters and songs, whereby manie secreits of the conspiracie against the king were farther detected, and the whole proceeding represented almost in a livelie maner to men's eyes. I find in a certane manuscript, that the messinger was Mr Thomas Hepburne, Pai'son of Aldham- stocke. BOTHWEL PROCLAMED the MURTHERER or THE KING. Upon the 26th day of June the Erie Bothwell was declared by open proclamation, not onlie the cheefe author of the murther, but also the committer of it with his owne hands, and a thowsand crownes were offered to anie that woidd bring him in. oG8 CALDERWOOD'S HISTORIE ]o67. THE FOURTEEN GENERALL ASSEMBLIE. The Generall Assemblie was holdin at Edinburgh in the neather Tolbuith, the 25th day of June. A MISSIVE SENT TO THE LORDS AND BARONS. Another Assemblie was indicted to be holdin the 20th day of the nixt moneth. It was ordeaned, that missives sould be sent to erles, lords, barouns, and commendatars of abbeyes, to require their presence at the nixt Assembhe, and assistance to suche maters as are conteaned in the missive. Commissioners were appointed to direct or deliver the missives to the persons nominated to them. The tenor of the missive followeth : — " My Lord, (or Worshipfall Sir,) — After our most heartlie com- mendatiouns of service in the Lord Jesus ; having now of long time travelled both in publick and privat with all estats, continuallie crav- ing of them, and of your Honour in speciall, that the course of the EvangeU, now once by the liberall mercie of God restored to tliis realme, might continue to your and your posteriteis comfort ; and that, for the furtherance and maintenance therof, a perfyte po- licie and full libertie might be granted to this reformed kirk withui Scotland, the ministrie and poore provided for sufficientlie, as God and aU other poHcie and civOl laAves ordeane and require, and that all superstitioun, idolatrie, and monuments therof might be utterlie removed and banished out of this realme, which God of his infinite mercie hath so lovinglie and willinglie called from darknesse to light ; tliis mater, indeid, Avas liked by all men. But suche impedi- ments made the enemie of the kirk in his members, to stay the good work of God, that moyen could there none bo had ; but by the contrare, at everie light occasioun, the ministrie frustrated of all livelihood and sustentatioun, the lame and impotent members of Christ lying in the street as doung, perishing for hnnger and cold, 4 15G7. OF THE KIRK OF SCOTLAND. 369 yea, and the whole flocke of Christ Jesus within this realme con- tinuallie threatned with the executioun of that most cm ell decreet of the last Councell of Trent, wherin was determined and decreed to make a sacrifice of all the professors in Em'op, by the tyrannic of that Roman Antichrist. We are not ignorant how farre the samine was attempted by way of deid within the realme of France ; how farre now in Flanders, and in parts neere adjacent thereto ; and also what practising to that effect hath beene continuallie these three yeeres bypast, and even noAv of late dayes within our bowells, by our commoun conjured enemeis, als weill wathin as without the realme ; how they were bent to their interprise, if God of his mercie had not prevented, beyond all our knowledge and expectatioun, their craell and craftie practises. Upon which consideratiouns, the Assemblie at this present conventioun of the Kirk accustomed at the course of time occurring, hath found needfull and expedient to repaire the decay and ruine of that warke so vertuouslie begunne among us, by an universall concmTence and consent of the whole professors of Christ Jesus within this realme, and by the same meanes to meete the foresaid dangers hanging over our heads, pro- ceeding from the craft of our implacable enemeis, as weill within as without the same ; and to that effect hath ordeaned a Generall As- semblie of the whole professors of all estats and degrees within the kirks of Scotland to be holdin heere, in this toun of Edinburgh, upon the 20th day of the nixt moneth of Julie, whereby a perpe- tuall order may be takin for the libertie of the Kirk of God, sus- tentatioun of the ministers, and decaying members therof ; and that a sure unioun and conjunctiovm may be had amongst the whole members, whereby they may be able to withstand the rage, the craft, and violence of our forsaid enemeis. And becaus it hath pleased the goodnesse of God so to move your lordship's heart, that yee are become a notable instrument and member of this kirk ; as our hope is, and our prayer sail be, that yee may continue increass- ing from vertue to vertue, to life everlasting, we thought it our duetie, in name of our Avhole brethrein heere conveened, to notifie to your lordship the appointment of the said Assemblie, and in tlie VOL. TI. 2 A 370 calderavood's historie 15 07. name of the Eternall, our God, to recommend to your care and so- licitude the building of this ruinous hous of God within this realm e ; requiring also, in his name, that yee will give your personal! pre- sence, your laboiu's, and concurrence to that effect in the forsaid As- semblie, to be holdin the said day, that the whole bodie may be com- forted by the presence and good advice of so notoure a member ther- of. And, becaus we doubt nothing but youi* lordship sail be present, showing experience of your good part in all times past, we ceasse to trouble you with a long letter, referring the rest to be declared by our brethi-ein, the commissioners of the kii'k, who to this effect are directed to yoiu' lordship, and others our brethrein in these parts. And we, for om- part, sail earnestlie pray to God to aug- ment in you his love, and blesse your lordship to the comfort of his kirk. Amen. From Edinburgh, the 26th of June 1567. " By your lordship's to command in Christ Jesus : in name and at command of the rest of the brethrein heere assembled. Sic sub- scrihitur, " John Areskine of Dun. Johne Knox. Mr Johne Spotswod, Superintendent Johne Eow. of Lotliian. Mr Johne Craig." Mr Johne Dowglas, Rector of St Andrews. QUESTIONS DECIDED. Mr Johne Row, Mr Johne Dowglas, Rector of the Universitie of Sanct Andrewes, Mr Johne Craig, William Christesone, mini- ster of Dundie, Mr Robert Hammiltoun, minister at IrAving, Mr Robert Hammilton, minister at Sanct Andrewes, Mr James Mel- vill, minister at Tannados, were appointed to decide questiouns. They reported their decisions as followeth : I. That fornicators promising to the minister to absteane in time comming from all societie with the woman, and to marie her in cace of camall deale with her therafter, may not be compelled to marie upon suche promises suppose of carnall deale, after the pro- 15i')l. OF THE KIllK OF SCOTLAND, 371 misc made, but the offender is to be censured according to the qua- litie of the offence. II. It being asked, whether it be lawfull to a man to marie her Avhom before, in his wive's time, he had polluted by adulterie, his Avife now being deid ? it was answered. The Assemblie will not grant that thing to be lawfull which God's law damneth ; neither yitt admitt anie suche mariages, for causes conteaned in the law. III. It being asked, whether a man divorced for adulterie may marie again ? it was answered. The Assemblie will not resolve heerin suddanlie ; yitt, for the present, inhibiteth all ministers to meddle with suche mariages till farther resolutioun. A fast was indicted to be observed at Edinburgh upon the Lord's Day following, the 20th day of Julie. THE LORDS DIVIDED IN TWO FACTIONS. The (juccne was earnestlie requested, but obstinatlie refused to separat her caus from Bothwell's, professing she had rather beg with him nor raigne without him. The hatred of the people was now by processe of time turned into pitie. Some of the nobilitie deplored her calamitie, Avho before deteasted her crueltie. This proceeded rather of inconstancie, than affectioun or passioun truelie moved one way or other, whereby it appeared they had respect onlie to their owne particular profite before. Manie inclynned to the strongest partie. The consenters to the murther, and sub- scrivers of the band after the murther, seemed to be the strongest. Sundrie fearing her deliverie woidd bee wrought some time by one meane or other, were carefull to preoccupie her favour. Sir Wil- liam Matlane, secretar, had joyned himself before to the lords, for hatred of BothweU. Bothwell, despairing to recover his former place and dignitie, fled to Orkney, and from thence to Zetland. Being redacted to great straits, the best shift he could make was to be a pyrat. The secretar now being rid of him, writteth to the queene, offereth his service ; sheweth how stedable it might be, by the apologue of the mowse delyvering the lyon takin in the netts. 372 calderwood's historie 1507. The Erie of Morton taketh great paines to reteane in Edinburgh suche as were embarked in the caus. The heads of the other fac- tioun conveened at Haramiltoiin. The lords that remained in Edinburgh craved their advice, presence, and assistance, to the ef- faires of the countrie. They would neither read letter nor heare messinger, but reproached the lords despitefullie. They charged them with arrogancie, that they sould come first to the cheefe citie of the realme, and send for them, who were moe in number, and greater in power. They were the more insolent, becaus manie of the nobilitie lay quiett, and did not concurre with them. The lords requested the ministers to ^^a'ite to them conjunctlie and severallie, and to requeist them to lay aside privat grudges in so perellous a time ; but the ministers could obteane nothing at their hands. Yitt they dissolved, becaus not yitt resolved of the queen's owne mind. Their meeting was, notwithstanding, a warning to the lords to pro- vide for some imminent dano;er. The sounder part of the nobilitie perceaving they could not move the queene to separat her caus from Bothwel's, they deale Avith her to resigne the crowne and authoritie to her sonne, under colom* of infirmitie of bodie, love to her sonne, care to prevent dangers and troubles which were like to arise ; and to committ the govemement of the countrie, in the meane time, in his minoritie, to whom she thought good. Loath she was to dimitt, but at last consented, as these letters following, of commissioun and procuratioun, beare wit- nesse : THE CONSTITUTION OF PROCURATORS AUTHORIZED, IX THE queen's NAME, TO RENOUNCE THE CRO^VNE TO HER SONNE. " ]Marie, by the grace of God, Queene of Scots, to all and sin- drie our judges and ministers of law, lieges, and subjects whom it effeires, to Avhose knowledge thu' our letters sail come, greeting. Forsameekle as, since our arrivall and returning within our realme, we, Avilling the commoun commoditie, wealth, profite, and quiet- nesse therof, lieges and subjects of the samine, have imployed our 15(37. or THE KIRK OF SCOTLAJSTD. 373 bodie, spirit, whole senses, and forces, to goveme the same, in suche sort, that our royall and honorable estate may stand and continue with us and our posteritie, and our loving and kinde lieges might in- joy the quietnesse of true subjects: In travelling wherin, not onlie is our bodie, spirit, and senses so vexed, brokin, and unquietted, that longer we are not of habilitie by anie meane to endure so great and intolerable pains and tra veils wherwith we are altogether wearied ; but als great commotiouns and troubles by sindrie occasiouns in the meane time have ensued therin, to our great grief: And, seing it hath beene the pleasure of the EternaU God of his kindlie love, mercie, and goodnesse, to grant unto us of our owne persoun a sonne, who, in cace by the hand of God we be visited, Avill, and of right and equitie must and ought to succeed to us, and to the governement of our realme : And knowing, that all creatures are subject to that immutable decreet of the Eternall, once to rander and give up this life temporall, (the houre and time wherof is uncertane ;) and, in cace by deceasse we be takin from this life, during the time of his minoritie, it may be doubted greatlie that resistance and trouble may be made to our said sonne, now native prince of this realme, in his tender yeers, (being so destitute of us,) to succeed to that rowme and kingdome Avliich most justlie of all lawes apperteaneth to him : Which inconvenient, by God's helpe and good providence, we minde to prevent in suche maner, that it sail not ly in the power of anie unnaturall subjects to resist God's ordinance in that behalfe. And, understanding that nothing earthlie is more joyous and happie to us, nor to see our said deerest sonne in his owne life-time peace- ablie placed in that rowme and honourable estate whereto he justlie ought and must succeed : We, of the motherlie aiFectioun we beare toward our said onlie sonne, have renounced and dimitted, and by thir our letters freelie of our owne motive will, renounceth and di- mitteth the governement, guiding, and ruling of this our realme of Scotland, lieges, and subjects therof, and all intromissioun and dis- positioun of anie casualteis, properteis, benefices, offices, and all things apperteaning, or heeretofore is knowne, or heerafter sail hap- pin to apperteane thereto, in favour of our said deerest sonne, to 374 CALDEm\ ood's histoeie 1567. that effect, that he may be planted, placed, and possessed therin : use and exerce all things belonging thereto, as native king and prince of the saraine, and siklyke as we, or anie of oui' predeces- sours, Kings of Scots, have done in anie time bypast. Attom-e, that this our dimissioun may take the more solemne effect, and that none pretend igmorance therof, we have givin, granted, and com- mitted, and by thir our letters give, grant, and committ our com- raissioun, full, free, and plaine power, generall and speciall com- mand, to our trust cousins, Patrik Lord Lindsay of the Byres, and William Lord Ruthven, and to ilk one of them, conjunctlie and se- verallie, to compeere before so manie of the nobilitie, clergie, bur- gesses, and other people of our realme, as sail happin to be assem- bled to that effect, in our burgh of Stu'line, or anie other place or places where it sail be thought most convenient, at anie day or dayes ; and there, publicklie in theu' pi-esence, for us in our name, and upon our behalie, dimitt and renounce the governement, guid- ing, and ruling of this our realme, lieges, and subjects therof, all intromissioun Avith the propertie, casualtie, or other things apper- teaning to us thereby ; and all right and title that we had, have, or may have, by anie maner of way thereto, in favours of our said Sonne, to that effect, that he may be inaugurated, placed, and rowmed therin, and the crowne royall delivered to him, and be obeyed in all things concerning the samine, as Ave or our predeces- sors have beene in times bypast. And likewise, by thir presents, give, grant, and committ our fuU, free, and plaine power, to our right trust cousins, James Erie of Morton, and Lord of Dalkeith, Johne Erie of Atholl, &c., Johne Erie of Marr, &c., Alexander Erie of Glencarne, AViUiam Erie of Menteith, Johne IMaister of Grahame, Alexander Lord Hume, Adam Bishop of Orkney, the Proveists of Dundie, Montrose, or anie of them, to receave the said renounciatioun and dimissioun in favoiu's of our said sonne ; and after the receaving therof, to plant, place, and inaugurat him in the kingdome, and Avith all ceremoneis requisite to putt the crowne royall upon his head, in signe and tokin of the establishing of him therin ; and, in his name, to make and give to the said nobilitie, clergie, 15G7. OF THE KIRK OF scotla:so, 375 burgesses, and others our lieges, liis princelie and kinglle oatlie debtfullie and lawfuUie, as effeeres ; and to receave their oathes, for due and lawftill homage to be made by them to him in all times comming, as becometh subjects to their native king and prince : And geuerallie, all and sindrie other things to doe, exerce, and use, that for sure performance and accomplishment heerof may or can be done, firme and stable, holding, and for to hold, all and whatsom- cver things they, in our name, in the premisses leid' to be done, in the word and faithfull promise of a prince : And ordeane thir our letters (if need sail be) to be published at all places needfiill. Subscrived with our hand, and givin under our privie scale, at Loclilevin, the 24 day of Julie, and of our raigne the 2oth yeere, 1567." THE TENOR OF THE COMMISSION WHEREBY QUEENE MARIE CONSTITUTE REGENTS. " Marie, by the grace of God, Queene of Scots, to all and sindrie our judges and ministers of law, leiges, and subjects whom it ef- feeres, to whose knowledge thir oiu' letters sail come, greeting. Forsameekle as by long, irkesome, and tedious travell takin by us in the governement of this our realme and lieges therof, we are so vexed and wearied, that our bodie, spirit, and senses are altogether become unable longer to travell in that rowme : And, therefore, we have dimitted and renounced the office of governement of this our realme, and lieges therof, in favours of our onlie most deere sonne, native prince of this our realme. And becaus of his tender youth and inabilitie to use the said governement in his owne person dur- ing his minoritie, we have constitut our deerest brother, James Erie of Murrey, Lord Abernethy, &c., regent to our said sonne, realme, and lieges forsaids. And in respect that our said deerest brother is actualKe furth of our realme, and cannot instantlie be present to accept the said office of regentrie upon him, and use Left. 37 1) caldekwood's historie 1507. and exerce the t-ame during our said deerest soune s minoritie, we, whill his returning within our realme, or in cace of his deceasse, have made, constituted, named, appointed, and ordeaned, and by thir our letters make, constitut, name, appoint, and ordeane our trust cousins and counsellers, James Duke of Chattelheraidt, Erie of Arran, Lord Hammiltoun, Mathew Erie of Lennox, Lord Darly, &c., Archibald Erie of Argile, Lord Campbell and Lome, &c., Johne Erie of Atholl, James Erie of Morton, Alexander Erie of Glencarne, and Johne Erie of Marr, regents to our said deerest Sonne, realme, and lieges. And, in cace om* said brother, James Erie of MmTey, come within our realme, and refuse to accept the said office of regentrie upon his singular person, we mak, constitute, name, appoint, and ordeane our trust cousins and counsellers for- said, and our said brother, regents of our said deere sonne, realme, and lieges ; giving, granting, and committing unto them, or anie five of them conjmictlie, fuU power for our said sonne ; and in his name to receave resignatiouus of lands, and make dispositions of wairds, non-entreisses, releeves, manages, benefices, escheats, offices, and other casualteis and priviledges whatsomever, concern- ino- the said offices, signatures therupon to make, subscrive, and cans be past through the scales : And to use and exerce the said office of regentrie in all things, pri\iledges, and commoditeis sic- lyke, als freelie, and with als great Kbertie as anie regent or go- vernour to us and oiu* predecessours used the samine, in anie time bvo-ane ; promitting to hold firme and stable, in the faith and Avord of a prince, whatsomever we or our said trust cousins doe in the premisses : Charging therefore you, all and sindrie our judges and ministers of law, leiges, and subjects forsaid, to answere and obey om- said trast cousins, regents forsaid, in all and sindiie things con- cerning the said office of regentrie, during our said deerest Sonne's minoritie, and ay and whill he be of the age of seventeene yeeres complect, as yee, and ilk one of you, wiU declare you loving subjects to our said most deere sonne, your native prince, and under all paine, charge, and offi?ncc that yec, and ilk one of you, may com- mitt and inzin :ig;iin.-^t his Majestic in that i)art. 15(37. OF THE KIRK OF SCOTLAJVD. 377 " Subscrived with our hand, and givin under our privie scale, at Lochlevin, the 24th day of Julie, and of our raigne the 25tli yeere." The commissioun in which the Erie of Murrey was appointed to be regent, in the minoritie of the king, is extant in our printed Acts of Parliament, wherunto I referre the reader. The letters of di- missioun, and constitution of procurators, are extant in the Acts printed at Edinburgh, anno 1568 and 1575. THE rYFTEENTH GENERALL ASSEMBLIE. The Generall Assemblie conveened the 21st day of Julie at Edinburgh, in the upper tolbuith. Mr Johne Row, minister at Sanct Johnstoun, was chosin moderator. A CONFERENCE APPOINTED. In the first sessioun it was ordeaned, that the brethrein of everie shire should choose some out of their number, and the ministers likewise choose so raanie from among themselves, to reason and conferre upon the efFaires of the kirk ; and to forme articles in writt, and present the same to the Assemblie, to be considered. ARGILE AND ARBROATHE SENT TO EXCUSE THEIR ABSENCE. In the secund sessioun, the commissioners appointed to deliver their missives to the erles, lords, barons, and other brethrein nomi- nated, exhibited their rolls. The Erie of Argile his letter excusing his absence was read, wherin he alledged, that the brethrein al- readie assembled in Edinburgh were in amies, and, so farre as he understood, the rest were to come likewise in the same maner. Seing he had not beene privie to theii' proceedings, nor had yit joyned himself to them, therefore, he could not at this time be present ; in the meane time, desireth that no innovations be at- tempted, till the meeting of the other brethrein ; so muehc the ra- 378 calderwood's iiistokie 1567. ther, becaus their adversareis would not allow of tliclr proceedings : promissetli, in the meane time, to continue in the maintenance of true religioun. The Commendatar of Arbroathe alledged the like reasons for his absence. In the fyffc sessioun, the articles advised upon by suche as were chosin in the first sessioun were read publicthe, in presence of the whole nobilitie and brethrein assembled ; were allowed and sub- scrived. It was ordeaned, that the commissioners appointed in the last Assemblie sould everie one of them have an authentick copic of the Articles subscrived by the clerk of the Assemblie, or Alex- ander Hay, scribe to the Secreit Counsell ; and that the saids com- missioners require all and sindrie erles, lords, barons, and other faithfull brethrein, who excused themselves for not giving their per- sonall presence to this Assemblie, to subscrive the saids Articles with the rest of their brethrein, according to their promises made by word or by writt ; with certificatioun to them that refuse, that the kirk heerafter will not repute them as members of their bodie ; and to returne the rolls of the saids Articles, subscrived by the scribe of the Assemblie, to the effect their subscriptions may be sett doun in register with the rest. THE TENOR OF THE ARTICLES, AND NAMES OF THEM THAT SUBSCRIVED PRESENTLIE. The noblemen, barons, and others undersubscriving in this pre- sent Assemblie, have agreed and condescended to the Articles after following. At Edinburgh, the 25th of Julie, 1567. " In the first : Forsameekle as there was a parliament holdin in this realme before the queene's Majestie's arrivall in the same, by the estats conveened for the time, authorized Avith her Highness' owne power and commissioun, in which parliament it was con- cluded, that the religioun of Jesus Christ, then universallie rc- ceaved within this realme, sould be universallie established and approved within the same ; and all Poprie, with the Pope's usurped jurisdictioun, all idolatrie, and in spcciall, the blasphemous masse to 15G7. OF THE KIKK OF SCOTLAND. 379 be abolished and putt away, as the acts made therupon proport ; which acts, together witli the queene's Majestie's poAver to hold the same parliament, the noblemen, barons, and others undersubscriv- ing, will to be extracted, and putt in full executioun, as a publict law ; and that the transgressors therof be punished according to the same, throughout the whole realme, without exceptioun. Which parliament, in all things concerning Christ's true religioun, they sail defend and mainteane to their uttermost, in the first parliament which sail be holdin, and at all other times and occasiouns con- venient. " Item, That the Act alreadie made anent the thrids of the be- nefices within this realme, speciallie for sustentatioun of the mi- nistrie, may be duelie putt in executioun, according to the order of the Booke of the Appointment of Ministers' Stipends, als weill of them that are to be appointed, as for these that are alreadie placed ; and that the ministers be first duelie answered, and sufficientlie sus- teaned with the same, to the releefe of their present necessitie, ay and whill a perfyte order may be takin and established, anent the fidl distributioun of the patrimonie of the kirk, according to God's Word : and that also the ordinance made by the queen's Majestic and her counsell, concerning small benefices not exceeding the \i\,- lue of three hundreth merks, be duelie putt in execution, als weill concerning the benefices which have vaiked since the date of the said ordinance, as these that sail happin heerafter to vaike ; and siclyke the Act made concerning the annuells, obits, and altarages of burrows. " Item, How soone a lawfuU parliament may be had, or that the occasioun may otherwise justlie serve, the noblemen, barons, and other brethrein undersubscriving, sail labour and preasse to the uttermost, that the faithfuU kirk professing Christ Jesus Avithin this realme sail be putt in full libertie of the patrimonie of the kirk, according to the Booke of God, and the order and practise of the primitive kirk ; and that nothing sail passe in parliament, untill the effaircs of the kirk be first considered, approved, and established ; and in the meanc time, the professors nndersubscri\ing consent 380 caldehwood's histouie 1567. and offer to reforine themselves according to the Booke of God, ■which they sail putt in practise, and that the refusers and contra- veeners be secluded frome the bosome of the kirk. And, more- over, in the said nixt parliament, or otherwise, at the first occasioun, order sail be takin for the ease of the poore labourers of the ground, for the payment of their tithes in a reasonable maner ; and how the same sail not be sett over their heads, without their advice and consent. " Item, That none be admitted, nor pennitted heerafter to have charge over schooles, colledges, universiteis, or yitt openlie and publictlie to instruct the youth, but suche as have beene tried by the superintendents and visiters of the kirk ; suche as saU be found sound, and able to teache, and as sail be admitted by them to their charges. " Item, That all crimes, vices, and oifences committed against God's law, may be severelie punished according to the Word of God ; and Avhere lawes are presentlie concluded for the said punish- ment, and judges also constituted for that effect, that executioun foUow therupon as effeeres : and where neither law is made, nor judges appointed for suche crimes as are punishable by the law of God, that in the first parliament judges saU be appointed, and lawes made for the same, as God commandeth in his Word. " Item, That seing the horrible murther of the king, the queen's Majestie's husband, is so odious not onlie before God, but also be- fore the w^iole world, and will bring perj^etuall infamie and shame to this whole realme, if the same murther sail not be punished ac- cordinglie ; therefore, the noblemen, barons, and others under- subscriving, sail with all their forces, strenth, and power, concurre and assist others to further and mainteane the punishment of the said murther, upon aU and whatsomever persons which sail be found guiltie of the same ; seing the plague of God cannot depart frome the countrie or toun where innocent blood is shed, before it be clenged by shedding the blood of the offenders. " Item., Seing it hath pleased Ahnightie God, of his mercie, to give a native prince to this countrie, apparent to be our soverane ; 1567. OF THE KIRK OF SCOTLAND. 381 to the end he be not cruellie and shamfuUie murthered, as the king liis father was, the nobilitie, barons, and others under-subscrivuig, sail assist, malnteane, and defend the prince, against all that would violentlie oppresse him, or doe him injurie. " Item, That all kings, princes, and magistrats, which heerafter in anie time to come sail happin to raigne and beare rule over this realme ; at their first entrie, before they be crowned and inaugurated, sail make their faithfull league and promise to the true kirk, that they sail mainteane and defend, and by all lawfull meanes sett ford- ward, the true religion of Jesus Christ, presentlie professed and es- tablished within this realme, even as they are oblished and astricted by the law of God,inDeuteronomie, and in the secund chapter of the First Booke of the Kings ; as they crave obedience of their subjects. So the band and contract to be mutuall and reciprock, in all times comming, betwixt the prince and God, and also betwixt the prince and the faithfull people, according to the Word of God. " Item, That the prince whom God hath givin us, als weill for his securitie as good educatioun, sail be committed to wise, ancient, godlie, and learned men, to be brought up in the feare of God and vertue, whereby he may so profite in his youth, that when he sail come to his yeeres of majoritie, he may be able to discharge him- self sufficientlie of that honorable place wherunto he sail be called, and prove that good king, which Avith all their hearts they wisho him to be. " Item, The nobilitie, barons, and other brethrein under-subscriv- ing, in the presence of God, have faithfidlie promised to conveene themselves together, with their poAver and force, to beginne to root out, destroy, aUaterlie subvert all monuments of idolatrie, and namelie, the odious and blasphemous masse ; and, therafter, to goe through the whole realme, to all and sundrie places whereso- ever idolatrie hath beene fostered and mainteaned, and cheefelic where masse is said, to execute the reformatioun forsaid, without exceptioun of place or persoun ; and sail to the uttermost of their power remove all idolaters, and others not admitted to the mini- strie, from all functioun, as weill privat as publiek, that they hinder 382 caldehwood's iiis'JOitiE 15(17. not the ministers anie maner of Avay in their vocatioun ; and in place of the premisses, sett up and establishe the true religioun of Jesus Christ throughout the whole realme, by placing of superin- tendents, ministers, and other needfull members of the kirk, seing the hoast of the Lord sail passe throughout the whole countrie to this effect ; and also, sail proceed to the punishement of idolaters, according to the lawes pronounced against them. And siclyke sail punishe, and cans to be punished, all other vices which presentlie abound ^dthin this realme, which God's law, and the civill lawes of this realme, commandeth to be punished ; and, cheefelie, the murther of the king latelie committed : and, in like maner, promise faithfuUie to reforme schooles, colledges, and universiteis through- out this whole realme^ to expell and remove idolaters that have charges, and others, who as yitt have not joyned themselves to the true kirk of Christ ; and plant faithfidl instructers in their rowmes, to the effect the youth be not infected Avith poysonable doctrine at the beginning, Avhicli afterward cannot be pm*ged. " Morton, Glencame, MaiT ; Alexander Lord Hume, William Lord Ruthven, Sanquhair, Patrik Lord Lindsay, Grahame, Lord Innernieth, Uchiltrie ; Sir James Balfour, James Mak- gill, TuUibardin, Comptroller, William Matlane, Johne Are- skine, Johne Wishart, Glenbervie, Johne Cunningham of Drumquhassil, William Kirkaldie, Johne Cathcart of Carle- ton, William Moncreif, Dumlanrig, Barganie, Andrew Wood of Largo, Andrew Stewart, Robert Fairlie of Braid, Archi- bald Wood, George Barclay of Mathirs, George Torrie of Kelwod, George Hume of Spot, Mr William Lundie, Gil- bert Kennedie of Dalquharne, Johne Melvill of Raithe, Quhittinghame, Ressyth, Barrow, Pittincreif, Andrew Ker of Fadounside, Thomas Scot of Harin, Robert Campbell, Henrie Grahame, Johne Foulerton of Dreghorne, Alexander Guthrie of that Ilk, William * * of Craigings, WilUam Durhame of Grange, Thomas Distinton, Thomas Scot of Thirlestane, George Straton of that Ilk, Alexander Crich- 15{)7. OF THE KIRK OF SCOTLAND. 383 ton of Carko, Mr Joline Wood, Alexander Ugston of Fetter- carne, Patrik Kinninmonth, Kobert Lindsay, Treasurer, Johne Collesse, William Meinzcis, Johne Melvill, William Edmiston of Duntreth, Robert Murrey of * * Thomas Kennedie of * * Johne Schaw of * * Johne Stew- art of Minto, Gilbert Ogilvie of that Hk, James Chalmer of Gaithgirth, Commissioners of touns. For Edinburgh : Alexander Clerk, Bailiffe, Mr Clement Littill, Mr Johne Preston, Mr Richard Strang. "For Aire: Paul Reid, Richard Bannatyne, Gilbert Makmillan. " For Irwing : Alexander Cunninghame, Alexander Commen- datar of Culrosse. "For Glasgow : Mr David Weraes, James Boyd. " For Jedburgh : Williame Howburne, Alexander Forrester." " Names of these that subscrived afterward, at the desire of the commissioners : — " William Churneside of East Nisbet, Kenneth Makceinzie, Robert Monro of FouUis." THE STIPENDS OF THE SIXTIE-SIXT YEERE MODIFEID. In the fourth sessioun, commissioun was givin to revise the rolls of ministers' stipends for the three-score six yeere, the tenor wher- of foUoweth : — " At Edinburgh, the 24tli day of Julie, the whole Assemblie in one voice thought meet, tuiching the assignatioun of money and victualls made by the queen's Majestic for the sustentatioun of the ministrie the three-score six yeere, that the distributioun therof sail be made by the collectors alreadie appointed, according to the tenour of the rolls of appointment of stipends, which the superin- tendents and commissioners, that sail be appointed, sail receave from the keeper of the booke of the ministers' stipends ; and after the saids superintendents and commissioners have diligentlie mark- ed these that are dead, or have not diligentlie waited on their 384 calderwood's histotiie loGT. charges, as they will answere to God, and the Assemblie therupoii, to deliver the rolls to the said collectors, everie one within his ownc bounds, commanding the collectors to pay everie minister, exhorter, and reader, the thrid part of that which is appointed in the rolls forsaids, the superplus to be made compt of to the Assemblie." THE CORONATION OF THE PRINCE. Upon the 26th of Julie, the lords Avent to Stirline, to the coro- natioun of the prince. He was cro^vned upon the 29th day. Mr Knox made an excellent sermoun before the coronatioun. After sermoun, the Superintendent of Lothiane, the Superintendent of Angus, and the Bishop of Orkney, sett the crowne on his head. The lords tuiched the crowne in signe of their consent ; after them the burgesses. The Erie of Morton and the Lord Hume tooke the oath for him, that he sould mainteane and defend the religioun then preached and professed in Scotland, and persue all suche as sould oppugne the same. Mr Knox and other preachers repyned at the ceremonie of anointing, yitt was he anointed. Before he was croAvned, certane letters of commissioun and procuratioun were read, Avliich had the queen's scale hanging at them. One con- cerned the resignatioun of the croAvne in favour of the prince. THE ERLE OF MURREY RETURNETH HOME. The Erie of Murrey being advertised of the estat of the coun- trie, addresseth himself to his joumie. He was courteouslie rc- ceaved in the court of France, yitt not with that respect that was caried to Duke Hammiltoun ; for they thought the duke's factioun was the stronger, and would be to them more trustie. After he had takin his fairAveill, the Ai'chbishop of Glasgow, who caried himself as ambassader for the Queen of Scots, informed the king and the G^vises, that the Erie of Murrey, howbeit absent, Avas the head of the other factioun ; that he Avas sent for by them to be their chiftanc : thnt AA-hatsocver A\'as done in fonner times AA'as done 1567. OF THE KIRK OF SCOTLAND. 385 by his credite and authoritie. Some were sent after to recall him ; but he embarked at Deepe, before the king's letters were brought thither. He was honorablie interteaned in England by the way. He came to Scotland upon the 10th of August. THE ERLE OF MURREY PROCLAMED REGENT. When the Erie of Murrey came home, the Papists thought he would be an instrument to sett the queene at libertie. But the lords were glade they had gottin him, a man so weill beloved of the people, and indued with manic good vertues, to be their chif- tane. He was desired to accept the governement of the realme, becaus he would be least subject to the invy of men, partlie in re- spect of his neerenesse in blood, partHe in respect of the good es- timatioun he had acquired in former times. He craved time to advise. In the meane time, he writteth to the heads of the other factioun, but speciaUie to Ai'gile, whom, in respect of old freind- ship, he was loath to offend. He craveth their presence and ad- vice in some commodious place, to consult upon publick effaires ; but they refusing, and the pupill's factioun urging him to accept upon him the governement, he at last consented. He was pro- clamed Regent at Edinburgh Croce, the 22d day of August, with great pompe ; and therafter at other croces in the countrie. The Hammiltons and the Maister of Maxwell would not suffer the heralds and officers of armes to proclame, where they had com- mandement, either the prince, king, or the Erie of Murrey, regent. About this time, there was a conventioun lioldin so frequent, that the like had not been scene in om* countrie in the memorie of man. SINDRIE SUMMONED FOR THE KING'S MURTHER. The same day, the 22d of August, Skirline Rickerton, and some other gentlemen, sould have beene tried by an assise, for the mur- ther of the king, but were continued till October. But the Laird of Ormeston in Teviotdaill, Sir Patrik Hepburne of Quhytcastell, VOL. II. 2 b 386 calderwood's histokie 1567. the Laird of Tallow, younger, vnih diverse others, were denounced rebells, and putt to the home, for non-compeerance. A CONVENTION HOLDIN. The heads of the other factioun conveened at Hammilton. They fretted, that some few, and not of the mightiest, sould without their consent rule as they pleased. They travelled to draw others to their factioun ; but manie resolved rather to be spectators than actors for a time. At lenth they write to the lords that Argile was readie to conferre with the Erie of Murrey. Their let- ters were rejected, becaus they styled him not Regent. Ai-gile, not being ignorant what had oifended them, came to Edinburgh, ■\vith some others of his factioim. When he had receaved satis- factioun of the lords, and considered better that they had done no- thing in contempt of the absents, but that necessitie moved them to make haste, he came to the conventioun, which beganne the 25th of August. At this convention, the regent's authoritie was confirmed. It was agitated, what order sould be takin with the queene. Manie inclynned to have her executed : some, to cover their owne guiltinesse, to be ridde of suche a witnesse ; some, for justice' sake ; some, for suretie of religioun ; suche as favoured the Hammiltons, that they might be so muche the neerer to the crowne. Others thought it sufficient to deteane her in waird, speciallie the Erie of Morton. BOTHWELL FLEETH TO DENMARK. Upon the fyft of September, the Laird of Grange, accompaneid with diverse gentlemen, went to Zetland, to apprehend Bothwell. He escaped, and went to Denmark, where he was committed to waird, becaus he declared not plainlie whence he came, and whether he was going. But afterward, being knowne by some merchants, he was committed to closse prison, where he died tenne yeere 1567. OF THE KIRK OF SCOTLAND. 387 after, mad, and miserable for filth, wanting necessareis, and other commoditeis.' They tooke notwitlistanding three ships ; appre- hended tlie young Laird of Tallow, and diverse others. THE CASTELL OF EDINBURGH RANDERED. The same fyft day of September, Sir James Balfour, commounlie called Parson of Fliske, having receaved a great summe of money frome the regent, randered the castell of Edinburgh. The regent soone after constituted the Laird of Grange captan. THE CHEEFE SUBJECTS ACKNOAVLEDGE THE KING'S AUTHORITIE. The cheefe men of Lothiane, Merce, and Tiviotdaill, were writ- tin for to come in to Edinburgh, to acknowledge the king's autho- ritie, which they did. Waughton was committed to waird, becaus his freinds came not in. But he escaped, and was receaved into Dumbar castell, by the captan therof, the Laird of Quhytlaw. The castell of Dumbar was delivered the first of October. The Hammiltons had sent to the Queene of England, to crave her aide, becaus it was supposed she would favour the queene's cans, as a commoun cans to kings and queenes. They gott not suclie answere as they expected ; therefore, upon the 10th of September, Mr Gawin Hammilton came in for the Hammiltons, the Erie of Argile, Lords Livingston and Boyd. They protested, first, for the queen's libertie ; nixt, that the crowning of the king be not prejudicial! to the Hammiltons' title and right. The lords answered they were not minded to deprive anie man of his right. Upon the 14th of October, the Lord Hereis, notwithstanding of his former oppo- sitioun, came to Edinburgh, and acknowledged the king and re- gent's authoritie. ' For the Earl of BothwcU's testament and latter will, see Appendix, letter C, 588 calderwood's historie 1567. THE REGENT APPREHENDETH FOURTIE-THREE LIDDISDAILL THEEVES. The regent, accompaneid with Morton, Hume, and Lindsay, surprised fourtie-three theeves in Hawick, upon the mereat-day, the 30th day of October ; twentie-two of the surname of Elliots, six of the surname of Crosers, the rest of other surnames. Ellevin were hanged, seven dro'svned, one slaine in the taking, three or oure led to Edinburgh, the rest clenged by an assize. A PARLIAMENT. A parliament was holdin the 15th day of December, at Edin- burgh. All the nobilitie came in, except the Erles of CassUs, Eg- hntoun, Rothesse, Lords Seton, Fleming, and two or three other. This parHament beganne with invocatioun of God's name. Mr Knox made the exhortatioun. He exhorted the lords to beginne at the effaii'es of rehgioun. The burgesses of Dundie and Perth striving for the neerest pla'ce to the Tolbuith, whill they were to stand in armour, were charged to depart off the toun. THE WORTHIE ACTS AND PROCEEDINGS OF THIS PARLIAMENT. In this parliament, the dimissioun of the crowne, made by vertue of the queene her commissioun and procuratioun, was ratifeid as law- fuU and perfyte ; the coronatioun of the king, the nominatioun, constitutioun, and ordinatioun of James Erie of Murrey in the re- gentrie, during the king's minoritie, were likewise ratifeid and con- firmed. The acts made in the yeere 1560, tuiching the abohshing of the Pope his jurisdictioun and authoritie, the abolishing of the masse, punishement of heerers and sayers of masse, were renewed. The Confessioun of Faith was againe ratifeid. Suche as opposed to the Confessioun of Faith, or refused to participat in the holie sacraments, as they were then ministred, were declared to be no 1567. OF THE KIRK OF SCOTLAND. 389 members of the kirk within this realme, so long as they keeped themselves so divided frome the societie of Christ's bodie. It was ordeaned, that appellatiouns of laicks patrons, in cace the persons presented by them, to the superintendents or others having com- missiomi frome the kirk to that effect, sail end at the Generall As- semblie, by whom the cans sail be fuUie decided. Item, That all kings, princes, or magistrats, occupying their place, sail, at the time of their coronatioun, and recept of their princelie authoritie, take their great oath in the presence of God, that they saU mainteane the true religioun, the preaching of the holie Word, the due and right administratioun of the sacraments now receaved ; sail abolishe and withstand all false religioun contrarie to the same ; sail rule the people according to God's Word, lovable lawes, and constitutiouns of the realme, not repugnant to the said Word ; sail procure to their power the peace of the kirk and commoun weale ; sail preserve and keepe unviolated the rights, rents, and priviledges of the crowne ; sail represse reefe, oppressioun, and all kinde of wrong ; sail procure justice and equitie to be keeped ; sail root out hereticks and enemeis to the true worship of God, that sail be con- victed by the true kirk of the forsaid crimes. Item^ That none beare publict office renioveable of judgement, but suche as professe the religioun and doctrine now presentlie es- tablished. That none be admitted to procure, nor admitted notar, or created a member of court, at anie time comming, unlesse he professe the religioun forsaid ; providing this act be not extended to persons that have their offices heritablie or in liferent. /fern, That the thrids of the whole benefices in time comming sail be payed first to the ministers, notAvithstanding anie discharge givin by the queene to whatsoever person or persons of the thrids, or anie part therof, ay and whill the kirk come to the fidl posses- sioun of their owne proper patrimonie, which is the tithes ; provid- ing the ministers their collectors make yeerelie compt in the ex- checker of their intromissioun, that the superplus may be applyed to the king's use. Item, That none be permitted nor admitted to have charge in uni- 390 calderwood's histoeie 1567. verslteis, colledges, or scliooles, in burgh or countrie, or to instruct the youth privatlie or publicklie, but suche as sail be tried by the superintendents, or visiters of the kirk. Item, That no other jurisdictioun ecclesiasticall within this realme be acknowledged other than that which is, and saU be within the samine kirk estabhshed presentlie, or which floweth therefrome, con- cerning the preaching of the Word, the correctioun of maners, ad- ministratioun of the sacraments ; wherin the said jurisdictioun con- sisteth. Commissioun was givin to Sir James Balfour of Pittin- dreigh, knight, Pryor of Pittenweeme, Marke, Commendatar of Newbottle, Johne, Pryor of Coldinghame, Lord Privie Scale, Mr James Makgill of EankeiUour Neather, Clerk-Register, William Matlane, younger of Lethington, Secretar, Sir Johne Bellendine, Jufitice-Clerk, Johne Areskine of Dun, Mr Johne Spotswood, Su- perintendent of Lothiane, Johne Knox, ]\Ir Johne Craig, to searche more speciallie, and consider what other speciall points or causes sould apperteane to the jurisdictioun, priviledge, and authoritie of the said kirk, and to report their judgement to the nist parlia- ment. Itein, It was ordeaned, that patrons having provestreis or prebend- reis of coUedges, altarages, or chaplanreis, at then* gift and disposi- tioun, present bursers to them, to studie in anie coUedge or universitie of the realme, so long as the patron, principall, and masters of the col- ledges sail agree, notwithstanding anie foundatioun or confirmatioun past in anie time bygane. The lawes, acts, and constitutions, canons civUl and municipall, with other constitutions contrare to the reHgioun presenthe professed, were cassed and annulled. It was declared that secunds in degrees of consanguinitie and affinitie, and all degrees without the same, might lawfullie marie. It was declared that the prince entereth m his perfyte age at the 21st ycere compleet. It was provided for the indemnitie of those who had leveid warre, apprehended the queene at Carbarrie Hill, and deteaned her in Lochlevin. All things invented, spokin, writtin, or done, since the 10th of Februare last bypast, by the erles, lords, barons, noblemen, and others, faithfull and true subjects, " or anie 1567. OF TUE KIRK OF SCOTLAND. 391 of them to that effect, and all things depending therupon, was jus- tifeid, in so farre, as by diverse her privie letters writtin with her owne hands, and sent by her to James, sometime Erie Bothwell, cheefe executor of the horrible murther of her husband, als weill before the committing therof as after, and by her ungodlie and dishonourable proceiding to a pretended mariage suddanlie and un- provisedlie therafter, it is most certane, she was privie art and part of the actuall device and deid of the forenamed murther of the king, her lawfuU husband, and father to our soverane lord, conmiitted by the said James, sometime Erie of Bothwell, his complices and par- takers ; and therefore justlie deserveth whatsoever hath beene done to her in anie time bygane, or sail be used towards her for the said caus in time comming, which saU be used by the advice of the nobilitie, in respect that our soverane lord's mother, with the said James, sometimes Erie of Bothwell, went about, by indirect and coloured meanes, to colour and hold backe the knowledge of the truthe of the committers of the said crime. Yitt all men in their hearts were fullie perswaded of the authors and devisers of that mischeevous and unworthie fact, awaiting whill God sould move the hearts of some to enter in the querrell, for revenging of the same. And in the meane time, a great part of the nobilitie, upon just feare to be handled and demaimed, in semblable maner as the king had beene of before, perceaving also the queene so thralled, and so blindlie affectionat to the privat appetite of a tyranne, and that both he and she had conspired together to suche horrible crueltie, being there with all garnished with a companie of ungodlie and vi- tious persons readie to accompUshe all their godlesse commande- ments, of whom he had a sufficient number continuallie Avaiting upon him for the same effect ; all noble and vertuous men, abhor- ring their tyrannic and companie, but cheefelie suspecting that they who had so treasonablie putt doun and destroyed the father, would make the innocent prince, his onlie sonne, the principal! and almost onlie comfort sent by God to this afflicted natioun,to taste of the same cuppe, as the manic invented purposes to passe where lie was, and 392 calderwood's iiistorie 15G7. also where the noblemen were, in that open confusioun, gave suffi- cient warning and declaratioun."^ In the twentie act, the charge givin by the Erles of Morton, Atholl, Marr, Glencame, Lords Ruthven, Hume, Lindsay, Sempill, and diverse other honorable barons and gentlemen, upon the 16th day of June last bypast, by their letters subscrived to William Dowglas of Lochlevin, to receave our soveran lord's mother in his keeping, witliin his fortalice and place of Lochlevin, and to keepe it, till he be sufficientlie exonered and discharged of her said keep- ing, is declared to be duelie and reasonablie directed, and to have proceeded from just, true, and sincere ground ; and that he had done liis duetie in obeying the said charge. The queen's declara- tioun made upon the 28th day of JuHe, that she was on no wise treated nor compelled by the said William DoAvglas of Lochlevin, nor anie other at his procurement, to doe anie thing contrare to her pleasure, since her comming to the place of Lochlevin, is re- membred in this act. These acts were printed the sixt of Aprile following, by Robert Lickprevick, printer to the king's Majestic, and were printed again in the yeere 1575. About the time of these changes was printed also that Dialogue, " De Jure Regni apud Scotos" writtin by Bu- chanan, which he dedicated after to the young king, in the yeere 1579, he was so farre from repenting that he wrote it. THE SIXTEENTH GENERALL ASSE3IBLIE. The GeneraU Assemblie conveened the 25th of December, at Edinburgh, in the Neather Tolbuith. Mr Johne Row, minister at Perth, was chosin Moderator. TEIELL OF SUPERINTEJSrDENTS. In the triell of superintendents and commissioners, Adam, called ' These are the veric words of the 19th Act A'^ote in the MS. 15G7. OF THE KIRK OF SCOTLAND, 393 Bishop of Orkney, was delated for not visiting the kirks of his countrie, from Lambmesse to Allliallowmesse. Item, That he oc- cupyed the rowme of a Judge in the Sessioun. Item, Becaus he reteaned in his companie Francis Bothwell, a Papist, upon whom he had bestowed benefices, and whom he had placed in the mini- strie. Item, Becaus he solemnized the mariage betwixt the queene and the Erie of Bothwell. He was absent for the present, at this time. Alexander of Galloway, commissioner, delated, that he had not visited these three yeeres bygane the kirks within his charge, that he had left oiF the visiting and planting of kirks, and had haunted court too muche ; and had now purchased to be one of the Ses- sioun and Privie Counsell, which cannot agree with the office of a pastor or bishoj) : that he had resigned InchafFray in favours of a young childe ; and sett diverse lands in few, in prejudice of the kirk. When the Bishop of Orkney came to the Assemblie, he pre- tended he might not remaine in Orkney all the yeere, by rSa- soun of evill air, and weakenesse of his bodie. He denyed that he understood that Francis Bothwell was a Papist, or that he placed him in the ministrie, yitt he was deprived of all func- tioun in the ministrie, for solemnizing the mariage betwixt the queene and the Erie Bothwell, contrarie an act made against the mariage of the divorced adulterer, ay and whill he satisfie the As- semblie for the slaunders committed by him. The Bishop of Gal- loway granted he offended, in all that was layed to his charge. Yitt upon some considerations not expressed in the register, his commission was continued at this time till the nixt Assemblie, and he admonished to be diligent in visitatioun, Mr Johne Craig, Mr David Lindsay, Mr George Buchanan, Principall of Sanct Leonard's Colledge, and Mr George Hay, or anie two of them, were appointed to direct their edicts to all mini- sters, elders, and deacons of kirks, which are under the Superin- tendent of Fife his charge, to compeere at Cowper, the 22d day of Januar, with their complaints against the said superintendent, to 394 calderwood's historie 1567. trie and report to the nixt Assemblie. — Heere we may see com- missioun givin to ministers to trie superintendents. The Superintendent of Angus presented a supplicatioun in writt, or rather a dimissioun of his office of superintendentne, by reasoun he was not able to discharge that office, in respect of his age and infirmitie. The Assemblie, notwithstanding, would not accept his dimissioun, for diverse reasons, which sould be made knowne to him, but continued him till farther advisement. ]\Ir Knox was appointed to assist the Superintendent of Lothiane, in his visitatioun from Stirline to Berwicke. IVIr Johne Craig, at the ordinance of the Assemblie, presented in wi'itt his proceedings, tuiching the proclaiming of the bannes betwixt the queen and the Erie Both well, in tenor as folio w- eth :— " To the end that all that feare God may understand my pro- ceedings in this mater, I sail shortlie declare what I did, and what meved me to defend the same, leaving the finall judgement of all things to the kirk. First, Being required of Mr Thomas Hepburne, in the queen's name, to* proclame her with the Lord Bothwell, I plainlie refused, becaus he had not her hand-writt ; and also, becaus of the constant bniite, that the lord had both ravished her, and keeped her in captivitie. Upon "Wednesday nixt, the Justice-Clerk brought me a wi-itting subscrived with her hand, bearing in eiFect, that she was neither ravished nor yitt deteaned in captivitie, and therefore charged me to proclame. My answere was, I durst proclame no bannes (and cheefelie suche) without consent and command of the kirk. Upon Thursday nixt, the kirk, after long reasoning with the Justice-Clerk, and amongst the bre- threin, at lenth concluded, that the queen's minde sould be pub- lished to her subjects, the three nixt preaching dayes. But becaus the Generall Assemblie had inhibited all suche mariages, we pro- tested, that we would neither solemnize nor yitt approve that ma- i-iage, but would onlie declare the princesse' minde, leaving all doubts and dangers to the counsellers, approvers, and prescrivers 1567. OF THE KIRK OF SCOTLAND. 395 of the manage. And so, upon Friday nixt, I declared the whole minde and progresse of the kirk, desiring everie man, in God's name, to discharge his conscience before the Secreet Counsell. And to give boldnesse to others, I desired of the lords there pre- sent, time and place to speeke my judgement before the parteis ; protesting, if I were not heard and satisfeid, I either would desist frome proclaming, or elles declare my mlnde publicklie before the kirk. Therefore, being admitted after noone before my lord and the counsell, I layed to his charge the law of adulterie, the ordi- nance of the kirk, the law of ravishing, the suspicioun of coUusioun betwixt him and his wife, the suddane divorcement and proclam- ing within the space of foure dayes, and last, the suspicioun of the king's death, which his marriage would confirme. But he an- swered nothing to my satisfaction. Wherupon, after manic exhor- tatiouns, I protested, that I could not but declare my minde pub- lictlie to the kirk. Therefore, upon Sunday, after I had declared what they had done, and how they would proceed whether we would or not, I tooke heaven and earth to witnesse, that I ab- horred and deteasted that mariage, becaus it was odious and slaun- derous to the world. And seing the best part of the realme did approve it, either by flatterie or by their silence, I desired the faith- full to pray earnestlie, that God would turne to the comfort of this realme, that thing then intended against reasoun and good conscience. And becaus I heard some persons grudge against me, I used thir reasouns for my defence : — First, I had brokin no law, by proclam- ing of thir persons at their requeist. Secundlie, If their mariage was slanderous, I did weill, forewarning all men of it in time. Thrid- lie, As I had of duetie declared to them the prince's will, so did I faithfulhe teache them, by word and exemple, what God craved of them. But upon Tuisday nixt, I was called before the counsell, and accused, that I had passed the bounds of my commissioun, call- ing the princesse her mariage odious and slanderous before the world. I answered, The bounds of my commissioun, which were, the Word of God, good lawes, and naturall reasoun, were able to prove wliatsoever I spake ; yea, that their owne conscience could 396 calderwood's historie 1567. not but beare witnesse, that suche mariage would be odious and slaunderous to all that sould heare of it, if all the circumstances of it were rightlie considered. But whill I was comming to my pro- batioun, my lord putt me to silence, and sent me away. And so, upon Wednesday, I fii'st repeated and ratifeid all things spokin, and after exhorted the brethrein not to accuse me, if that mariage proceeded, but rather themselves, who would not, for feare, oppone themselves, but rather sharped their tongues against me, becaus I admonished them of their duetie, and suffered not the cankered conscience of hypocrits to sleepe at rest ; protesting at all times to them, that it was not my proclaming, but rather their silence, that gave anie lawfulnesse to that mariage : for as the proclaming did take aU excuse frome them, so my privie and publict impugnation did save my conscience sufficientlie. And this farre I proceeded in this mariage, as the kirk of Edinburgh, lords, erles, and barons, wiU beare me witnesse. " Now, seing I have been shamefollie slaundered both in England and Scotland, by wrong informatioun, and false report of them that hated my ministrie, I desire, first, the judgement of the kirk ; and nixt, the same to be published, that aU men may understand whether I be worthie of suche a bruite or not." COMMISSION TO TREAT UPON THE JURISDICTION OF THE KIRK. It was thought expedient, that certane brethrein be appointed to concuiTe at all times with suche persons in parliament, and secreit counsell, as my lord regent's Grace hath nominated, for suche effaires as perteane to the kirk, and jurisdictioun therof, and for de- cisioun of questiouns which may occmTC in the meane time ; to witt, Maisters Johne Knox, Johne Craig, the Superintendents of Angus and Lothiane, Maisters David Borthwick, Thomas Mackal- zeane, David Lindsay, George Hay, Johne Row. In the thrid sessioun, the Lau'ds of Braid, Quhittinghame, and Elphingston, Mr Alexander Arbuthnet, and Johne Brand, ministers, were joyned to them. Commissioun was givin in the twelve act of the last par- 1567. OF THE KIRK OF SCOTLAND. 397 liament, to consider what causes apperteaned to the jurisdictioun and authoritie of the Mrk. MINISTERS CENSURED. Mr Patrik Creigh, minister at Rathow, was suspended from his ministrie and lifting his stipend, for solemnizing the mariage of Mr James Lindsay, and a woman whom he had abused in fornicatioun, without proclamatioun of bannes, or testimonial! therof ; and upon a feriall day, contrare to the order established in the kirk, namelie, an act made in December, 1565. ARGILE AND HIS LADIE CENSURED. The Erie of Argile being accused for separatioun frome his wife, answered that the blame was not in him. As for other scandalous offences, was content to submit himself to the discipline of the kirk. The Assemblie ordeaneth the Superintendent of Argile to trie and take satisfactioun. The Countesse of Argile compeering, ac- knowledged that she had offended God, and slaundered the kirk, by assisting the baptisme of the king in Papisticall maner, with . her presence. The Assemblie ordeaned her to mak her publict repentance in the Chappell Roy all of Stirline, in time of sermoun, before the time of the nixt Assemblie, upon the Lord's day, as the Assemblie sail appoint the Superintendent of Lothiane. COLLECTORS OF THE THRIDS APPOINTED BY THE ASSEMBLIE. TavcIvc or thretteen brethrein were appointed to conveene, and choose collectors, for uplifting and inbringing the thrids of bene- fices in everie province. Commissioun and power was granted to everie collector within the bounds assigned to him, to intromett and uptake all and sindrie the thrids of whatsomever benefices ly- ing within the bounds assigned to them ; together with the whole fruicts of commoun kirks, and all other commoun rents, whole 398 calderwood's historie 1567. fruicts and rents of friers' lands, places, and livings, whole super- plus omitted, and benefices or chappelreis not givin up in rentaU, lying w-ithin the bounds above specifeid, which are now by parha- ment givin and assigned to the ministrie of the kirk, of the crop and yeere of God 1567 yeeres instant, and siclyke yeerelie in time comming, whill it be lawfuUie discharged ; to make, give, and sub- scrive acquittances and discharges therupon : and, generaHie, to doe all things which to the office of collectorie, in suche cases, by law or consuetude, is knowne to perteane, providing he observe the injunctiouns prescrived to him. In the injunctions it was requu'ed, that everie collector be knovme to be of sound religioun ; that they sail doe their office without suspicioun of fraud or avarice ; mak payment to everie superintendent, commissioner of the kirk, mini- ster, or reader, serving within their bounds, of the stipends ap- pointed to them, quarterhe, at foiure times in the yeere, at then' owne houses, least they be forced to seeke abroad : that where their rentall beareth victuaU, they sail not have power to sell the victuall, or anie part therof, or set price therupon, but by advice of the Assembhe, and suche as they sail depute commissioners therto, in everie province ; and sail sell no victuall, till the minister be first ftimished, or eUis refuse to receave the same, upon the prices which saU be appointed. That if the poore labourers be not able for povertie to deliver the boUs, he sail take no higher price than is appointed, nor lay up in gunell where he may have the sett price : that they sail not deale fraudulenthe, to force ministers, through necessitie, to give acquittances of greater summes than they sail happin to receave ; or to take the victualls upon deerer prices than sail be prescrived, under the paine of two hundreth punds, to be ap- plyed to godhe uses. That they sail give accompt to the Assemblie, or others appointed by the Assembhe, of then- particular intromis- sions with the forsaid thrids, and make thankfull payment of the superplus resting in their hands above the payment of the mi- nistrie, or elhs give in letters of homing, sufficienthe executed and indorsed, for their diligence. That they resigne their office in the hands of the Assemblie whensoever they sail be charged, or 1567. OF THE KIRK OF SCOTLAND. 399 found negligent or fraudulent. That they find some sufficient landed man or burgesse, cautioner, one or moe, if one be not sufficient, for the faithfull administratioun of their office, under paine of refounding all doniages, scathes, and interesses which the kirk, or anie member therof, sail susteane through their default ; the samine being summarilie liquidat and knowne, and losse of their office ipso facto, and under paine before expressed. Mr Clement LittUl, Alexander Sim, and Richard Strang, were appointed procurators to defend and pursue all actiouns perteaning to the kirk. Mr George Mackesone was chosin solister. James Nicolsone, comptroller, keeped the rentalls of the thrid of benefices and assumptiouns therof. The ministrie having suffered povertie a long time, are now re- freshed with the allowance granted by the last parhament. The manie benefites they found by the changes in the commoun wealth, moved the Assemblie to send a letter to England to Mr Willocks, to requeist him to returne ; the tenor wherof followeth : — " Videbam Satanam sicutfulgur de ccelo cadentemr " As the Lord our God hath at all times beene, frome the begin- ning of this his worke of reformatioun, and restitutioun of the pu- ritie of his true worship and religioun within Scotland, loving bro- ther in the Lord, most beneficiall and bountiful! toward this realme, so hath he now, by this last most miraculous victorie and over- throw, powred furth in greatest abundance the riches of his mercie, in that not onlie he hath driven aw^ay the tempest and storme, but also hath quietted and calmed all surges of persecutioun, as now, we may thinke weill our shippe is receaved, and placed in a most happie and blessed port. Our enemeis, praised be God, are dashed ; religioun established; sufficient provisioun made for ministers; order takin, and penaltie appointed for all sort of transgressioun and transgressers ; and above all, a godlie magistrat, whom God, of his eternall and heavenlie providence, hath reserved to this age, to putt in executioun whatsoever He by his law commandeth. Now, 400 calderwood's histokie 1567. then, loving brother, as your presence was to us all in time of" truble most comfortable, so it is now of us all universallie wished ; but most earnestlie craved by your owne flocke, who continuallie, at all Assembleis, have declared the force of that conjunctioun, the earnestnesse of that love, the pith of that zeale and mutuaU care, that bindeth the pastor with his flocke, which nather by processe of time is diminished, nor by separatioun and distance of places re- stringed, nor yitt by anie tyrannic and feare dissolved. True it is, that at this then- most earnest and just petitioun, we have ever stUl winked this while past ; not but that to us all your absence was most dolorous. But, in respect of troubles, we judged more meete to await for suche opportunitie as now God, in this most wonder- fuU victorie of his Evangell, hath offered. Therefore, seing all im- pediments are removed, and your flocke still continueth in earnest sute for you, and noAv everie where throughout the realme com- missioners and superintendents placed, and one offered to them, and by them refused altogether, awaiting for you, we could no longer stay, but agree to this then' desire. In sute Avherof, nather through feare have they fainted, nor by charges retarded, nor yitt by anie kinde of offer desisted. And, as we have beene moved to grant to them that which they have thus humblie and continuallie suted, we cannot but perswade our selves but yee will satisfie the same. Na- ther can we thinke that the sheepheard will refuse his flocke, that the father will reject the just petitioun of his sonne, least of all, that the faithfuU servant of God will shutt up his eares at the voice and commandement of the Kirk, or yitt denie his labours to his owne countrie. The time is proper now, to reape with blythenesse that which by you before was sowin in teares, and injoy the fruict of your most wearisome and painfull labours. It sail be no lesse plea- sant to you, to see your owne native countrie at libertie and fi'ee- dome, which yee left in mourning and sobbing, under the heavie bm'thein of most cruell servitude, than comfortable to behold the religioun of Jesus Christ throughout all the realme floorishing, ver- tue encreassing, vertuous men in reputatioun ; and, finallie, to era- brace these dayes which, howsoever by your self l-ave beene most 1568. OF THE KIRK OF SCOTLAND. 401 piouslie desired, yitt coidd yee never looke to obteane the same. Now, at last, to conclude ; unlesse yee will be an enemie to your countrie, yee will not refuse these requeists. Unlesse you will be stubburne and disobedient, yee will not contemne the command e- ment of the kirk. Unlesse yee will be carelesse and unthankfuU, yee will not despise the humble, continuall, and earnest sute of your flocke. And, last of all, we assure our selves, that yee are not so astricted and addicted to your owne particular, as that this gene- rail and commoun caus sould be in anie wise by you neglected. Now sail yee see the kaip-stone of that worke wherof yee layed the foundatioun. Thus we cannot looke for anie other answere than yee sail give by your self, and that with all expeditioun possible. Our state, yee know, is not so sure, but we ever stand upon our watches. But that, we know, will not stay you, seing your compt is so layed. Thus we "committ you to the protectioun of our Lord Jesus. At Edinburgh, in our Generall Assemblie, and seventh sessioun thereof." M.D.LXVIIl. SOME OF THE MURTHEREKS OF THE KING EXECUTED. The thrid day of Januar, 1568, Johne Hepburne of Bolton, Johne Hay of Tallow, James Dalgleish, and Thomas Powrie, were beheaded and quartered for the king's slaughter. Tliey said there were none at the murthcr but nyne — BothweU, Johne Hay of Tallow, Johne Hepburne of Bolton, James Dalgleish, Thome Powrie, the Laird of Ormeston and Teviotdaill, and Hobe Ormes- ton, his father brother, a French e man called Paiis, and one Patrik Wilson of Hadinton. The maner of the king's slaughter, they said, they knew no other but by blowing up the hous Avith powder. How he Avas brought furth to the garden they could not tell. They said also, that he sould have been slaine before in the feelds : that sindrie lords consented therunto, and sould have sent, everie one VOL. II. 2 c 402 calderwood's historie 1568. of them, two men, to putt their designe in executioun, but it tooke not effect ; and that this traine was devised after. THE LORD FLEEMING REFUSETH TO RANDER THE CASTELL OF DUMBARTANE. The Commendatare of Arbrothe, one of Duke HammUton's sonnes, went through England to France, to seeke support against the regent.^ In hope of good successe to his negotiatioun, the Lord Fleeming, captan of the castell of Dumbartan, refused to rander it. ]SIr Knox, in a letter writtin to a certane fremd in England, the 14th of Januare, hath these words following : " I_ have the testi- monie of a good conscience, that in writting that treatise, against which so manie worldHe men have stormed, and yitt storme, I na- ther sought myself, nor worldhe promotioun ; and becaus, as yitt, I have nather heard nor scene law nor Scripture to overthrow my grounds, I may appeale to a more indifferent judge than to Doctor Jewell. I would most gladelie passe through the course that God hath appomted unto my labours, in meditatioun with my God, and giving thankes to his holie name, for that it hath pleased his mercie to make me not a lord-like bishop, but a painfull preacher of his blessed Evangell ; in the functioun wherof, it hath pleased his Ma- jestic, for Christ his Sonne's sake, to deliver me frome the contra- dictioun of moe enemeis than one or two ; which maketh the more slow, and lesse carefull to revenge by word or writt, whatsoever in- jmae hath beene done against me in my owne particular. But if that men will not ceasse to impugne the truthe, the faithfull will par- doun me if I offend suche as for pleasure of fleshe feare not to of- ' Sir Nicolas Throgmorton, writing from Edinburgh, thus forewarns Cecil of the character of the HamUtons, and the mission here mentioned : — " As for the Hamyl- tons and theyre faction, theyi-e condycions be suche, theyre behavyor so inordynate, the moost of them so unhable, theyre lyvynge so vycyous, theyre fydelytye so tyckle, theyre partye so weake, as I count yt loste whatsoever is bestowed upon them. Shortlye yow are lyke to have with yow an handsome yonge man of that surname named John Hamylton, to procure to set yow on fyer, to get some money amongest them to countenance theyre doinges, which serve lytle for our pui-pose," 1568. OF THE KIRK OF SCOTLAND. 403 fend God. The defence and maintenance of superstitious triffles produced never better fruict in the end than I perceave is budding amongst you : schisme, which, no doubt, is a fore-runner of greater desolatioun, unlesse there be speedie repentance. . God comfort that dispersed little flocke, amongst whom I once lived with quietnesse of conscience and contentment of heart ; and amongst whom I would be content to end my dayes, if so it might stand with God's good pleasure : for, seing it hath pleased his Majestic, above all men's expectatioun, to prosper that worke, for performing wherof I left that companie, I woidd even als gladelie retume to them, if they stand in need of my labours, as ever I was glade to be de- livered from the rage of myne enemeis. I can give you no reasoun that I sould so desire, other than that my heart so thristeth." THE QUEENE ESCAPETH OUT OF LOCHLEVIN. The regent determined to hold justice-airs throughout the coun- trie. Whill he was at Glasgow, readie to minister justice, and the countrie about warned Lennox, Renfrew, Cliddisdaill, the queene escaped out of Lochlevin. George Dowglas, youngest brother to the Laird of Lochlevin, brother uterine to the regent, allured with her faire speeches and fashiouns, tooke in hand to worke her li- bertie, not without knowledge of his mother. He provided first for remissioun to his speciall freinds, and promise of advancement to himself; and that the forfalloure of the Erie of Mortoun sould not prejudge the hous of Lochlevin, which was neerest in taUlie to the erledome. William Dowglas, called tlie laird's bastard brother, but in truthe a foundling, and no Dowglas, had the credite of the keyes manie times. George Dowglas seduced him. This William gott the keyes, to lett out a gentle woman of the queen's, but he lett out her self disguised in a gentle woman's apparell ; shutteth the gates, casteth the keyes in the loche, roweth her to land, where George Dowglas receaved her. He had before beene removed by the regent's advice, and at his brother's command, out of the cas- tell ; but stayed in Kinrosse, at the loche side, and had no lesse in- 404 calderwood's historie 1568. telligence than before. The Laird of Tullibardin was with hhn. They were accompaneid with nyne horsemen onlie. The Lord Seton, and James Hammilton of Orbiston, laying secrcetlie among tlie hills, mett her, when a signe Avas made unto them ; and con- voyed her to Nidrie, the Lord Seton's hous, and frome thence, the nixt day, that is, the thrid of May, to Hammiltoun, which is distant from GlasgOAv eight myles. The regent was in the meane time in Glasgow, holding a justice court. The cheefe plotters and devi- sers of her libertie were Secretar Matlane and Sir James Balfour. Tullibardin, for his difference in religioun, and other privat querell, estranged fi'om the governour, joyned himself to the queen's fac- tioun. The Hammiltons assisted her for their owne particular aimes. Huntlie and Argile Avere privie to the murther of the king. The first maried a Hammiltoun, the other Avas borne of a Ham- miltoun. THE REGENT GATHERETH FORCES. When the regent heard of these ncAACS, it Avas deliberated A\hat sould nixt be done ; for manie had slipped from the regent to the queene, at the first report of the ncAves, and the most part of the countrie people Avere gone out of the toun to their owne bussi- nesses. Eobert Lord Boyd his departure frome the regent to the queene discouraged manie, becaus he had beene inteere with the regent, and privie to all his purposes, notwithstanding he had givin a proofe of inconstancie in former times. To colour his defectioun, he wrote to the Erie of Morton, that he could doe better service than if he had remained still. When the queene came to Ham- miltoun, she Avas accompaneid Avith five hundreth horse. Manie resorted to her daylie. It Avas bruited that manie were comming from remote parts to her. It Avas thought dangerous, that the re- gent being thus deserted by some, and the countrie not yitt warned to concurre, sould stay in Glasgow, their enemeis daylie repairing to Hammilton. They advised him therefore to retire to Stirline. Others alledged, their departure would have a shcAv of flight, and 1568. or THE KIRK or Scotland. 405 that tliere was great moment in the beginnings of" things. They had the Cunninghams and Semples, the barons and gentlemen of Lennox, the king's owne peeuHar patrimonie ; and some others in the countrie neere hand, in readinesse when they sould be ealled, till farther supplee come. WilHam Dowglas, Laird of Dumlanrig, before he was demanded, said, " If yee depart, I will goe to the queen, as my Lord Boyd hath done." The Erie of Morton al- ledged, that the queen's forces lay farre off; the toun of Glasgow was Weill affected toward them, and haters of the Hammiltons ; the Cunninghams, Semples, Lennox men, Dowglasdaill, Stirlin- shire, were neere hand, and might keepe the toun, till their freinds in remoter parts might be sent for. This advice was followed, and their freinds, speciallie in Merce and Lothiane, advertised. The queen sent furth her proclamatiouns, and also privat missives to sindrie, promissing remissioun for bypast offenses, and to some re- wards. The regent sent out proclamatiouns likewise, which were printed. All and sindrie the king's leiges were discharged to as- sist, fortifie, raainteane, or obey anie pretended authoritie of the king's mother, under whatsomever colour or pretence, under paine of treasoun and lese-majestie. All that were suborned, perswaded, or allured to the treasonable conspiraceis and interprises of her as- sisters, and conspirators against the king his person or authoritie royall, were warned to come Avithin fourtic-eight houres nixt after the proclamatioun, or so soone as by good appearance it could come to their knowledge, and confesse their error to the regent, and par- doun upon that conditioun was promised. Another proclamatioun was sett furth, at the same time, declaring the purpose and inten- tioun of these who assisted the king's mother, the tenor wherof followeth : — A PROCL.V]VIATION. "James, by the grace of God, King of Scots, to all and sindrie fnith- full and true leiges, to whose knowledge thir our letters sail come, greeting. Forsameekle as the occasioun of the present troubles oc- 406 calderwood's historie 1568. curred within oiu' realme is not unknowne to you, and what work God hath wrought in time bygane, since the horrible and cruell murther treasonablie perpetrated on the persoun of the king, our most deere father, of wort-hie memorie : That execrable fact, as it is deteastable in God's sight, so ought all men that either feare God, or have re- spect to civill societie among men, to abhorre the persons that still would mainteane the authors and devisers of that beastlie crueltie ; and by the contrare, advance and promote the righteous querrell of us, their native prince and lawfull king, descended of the right lyne of the most noble and valient princes of this regioun, as a speciall confort and mercie sent by the favour of Almightie God to this af- flicted natioim. " And howbeit the cruell mm'therers of our most deere father, their favourers and assisters, had conspired the same cuppe to us to taste of, to transferre the crowne frome the righteous lyne to suche as long had beene ambitious therof, yitt that same God that preserved our innocent persoun from their mercilesse hands, hath respected the equitie of our caus, and mainteaned the same, to his glorie and our safe-guarde, when in man's sight both we, and they that pro- fessed our obedience, and avowed our querell, were most likelie to have beene overthrowne. But becaus the malicious hearts of our con- spu'ed enemeis not onlie proceed in their wickednesse and rebellioun against us and our authoritie, but also seduce the true and simple people, our lieges, to follow them, slaunderouslie specking of vis, as that our title were in doubt, we have thought good to notifie and make knowne the certantie of the whole mater, for satisfactioun of them whose judgement yitt remaineth in suspense ; that being re- solved of the naked and simple truth e,''- they may give place to the right, and absteane from errour, and putt a difference betwixt our true subjects seeking God's glorie and our due obedience, and the rebellious factioun treasonablie seeking to bereave us of our lawfull crowne and proper inheritance, under a craftie pretence of the queene our mother's title ; unto whom (God wott) they beare no better good-will nor unto us, saving in so farre as her presence may move a controversie, wherin by processe of time, having both 1568. OF THE KIRK OF SCOTLAND. 407 US and her cutted off, they may winne the game, and possesse the garland long hoped for. But what end saU God putt to suche usurpers, aU ancient historeis, both godlie and profane, declare, in similitude. Was ever innocent murther left unrevenged ? Or was it ever in the power of man so farre to blind the eyes of the Al- mightie, but when the iniquitie of man was come to fulnesse, His potent hand quicklie confounded both the policie and force of his wicked creatures ? " That coloured cleanging of James sometime Erie Both well, cheefe murtherer of our deere father, upon the 12 th day of Aprile, the yeere of God 1567 yeeres, could not assure that godlesse and wicked man, nor mak his cankered conscience rest without terrour ; the whole world perceaving his pretence no other thing but as a mask to blind the eyes of God and man ; the murtherer seeking his owne purgatioun, the accustomed order of the law perverted, in that sufficient warning was not givin to our deerest goodsir, and others the kin and freinds of our said deere father, to follow and persue the murtherers, and the verie time of the committing of that crueltie not expressed. Nather yitt could that unhonest and pre- tended mariage, suddanlie and unprovisedlie therafter accomplished, either blind God, or yitt satisfie the people that continuallie craved vengeance of God for that sakelesse blood and concealed murther ; not yitt the ravishing, or rather mocking of God and the world, could colour shame and dishonour, when it was so farre proceeded. That honour, conscience, and greatnesse, were all tint for the inor- dinat affectioun borne to that tyranne. Loath we are to conde- scend more speciallie ; but, alas ! what profitteth silence when there is no repentance ? Not words and reports of men, but writt re- maineth, conteaning the discourse of that lamentable trajedie, and unnaturaU crueltie, the truthe wherof no processe of time will con- sume, nor age weare away. And when that unla^wfull divorce was made, and more than unlawfuU mariage complect, what estat our innocent person stood into, the eternall God best knowcth, and all godlie men may judge. Our father latelie murthercd, and the quecne, our mother, coupled with liim that was the cheefe autlior 408 calderwood's historie 1568. of that mischeevous deid ; she thralled and subject to him, circuited with a companie of ungodlie and wicked persons, notorious pyrats, murtherers, and others readie to execute all their dulefull com- mandements : diverse of our nobilitie aberring with the wicked time, others departing fiirth of the realrae, or privilie reposing themselves to see the end of that confusioun ; at last, by necessitie constrained, it behoved them, rather late nor never, to provide for our suretie, whom God had granted to them as native prince, that we sould not fall in the mercilesse hands of these who slue our father ; to se- parate that tyranne and godlesse man from the queene our mother, and to putt our persoun in suretie. For which puqiose, a great number of our true and faithfuU subjects being conveened on the feilds against the said erle, after he had refused combat of a lord and baroun of parliament, and gentleman undefamed, howbeit, be- fore he had oiFered himself therunto by his cartell and proclama- tioun, he escaped, and our said mother came to the noblemen, and others our lawfiill subjects conveened for that effect ; who refusing to leave the ungodlie and unhonest companie of the murtherer of our father, and minassing suche as had beene carefull of our pre- servatioun, by commoun consent she was putt in suretie whill far- ther deliberatioun might be had of the mater. Shortlie therafter, God manifested the murther more cleerelie ; and not onlie the re- port of diverse actuallie present therat, and manie other things gave presumptioun, but writt declared the truthe, resolving manie of the doubts they stood into. " Alwise, the queene our mother seing the trubles occurred in her govemement ; how contrariouslie things succeeded, and how evill her subjects lyked of her governement, dimitted the croAvne of this kingdome, with all honours, priviledges, and commoditeis therof, in our favours ; according to the which, by a great number of the three estats of our realme pm'poselie conveened to execute her commis- sioun, we were lawfullie inaugurated with the crowne royall of this our kingdome, and our deerest cousin, James Erie of Murrey, Lord Abemethie, nominated, elected, sworne, and admitted in regent to us, our realme and lieges, until our age of seventeene yeeres ; and. 1568. OF THE KIRK OF SCOTLAND. 409 according to his commissioim, did all that was in him to mainteanc the good and godlie peace standing betwixt us and all Christian princes, our nighbours, freinds, and confederats, to interteane jus- tice and quietnesse in the state of our coramoun weale, for the com- moditie and safeguarde of true men and vertuous persons, and pun- ishment of brokin men, troublers of the countrie, and others, trans- gressers of the lawes. Which our coronation, inauguratioun, and possessioun of the crown of this our realme, is, by Acts of a lawful!, free, and plaine parHament, found and declared to be duelie, right- lie, and orderlie done and executed, and als lawfull and valuable in the self in all respects, and we als righteouslie invested and pos- sessed in this kingdom as our said mother, goodsir, grandsir, or anie other our most noble progenitors, native princes of this our realme, were, and have beene before ; or, as if she, the tyme of the said coronatioun, had beene departed furth of this mortall life, or had compeered personallie in presence of the three whole estats of this realme assembled in parliament, and made the said dimissioun, notwithstanding anie maner of title, actioun, or interesse to anie other thing that presentlie, or can heerafter be objected in the con- trare. And als, that the nominatioun, constitutioun, and ordiua- tioun of our said deerest cousin in regent to us, our realme and lieges, during the time of our minoritie, and the acceptatioun of the said office by him, was, is, and in all time comming sail be reputed, holdin, and esteemed lawfidl, sufficient, and perfyte ; and als suffi- cientlie and righteouslie done, and to have als great availl, force, strenth, and effect in all respects and conditiouns, as anie things done by whatsomever regents, governours, and protectors of this our realme, in the " minoritie and lesse ages of anie others, native princes of the same : ratifeing, approving, and confirming the said nominatioun and acceptatioun in all points. And als, in the same free and lawfull parliament it was found, declared, and concluded, that the causes and occasiouns of the conventiouns and messag-es of the erles, lords, noble men, barons, and others faithfidl and true subjects, and consequentlie their taking of armes, and comming to the feilds with open and displayed banners, and the cans and occa- 410 calderwood's historie 1568. sioun of the taking of the persoun of the queen, our mother, upon the 15th day of June last bypast, and holding and deteaning of her within the hous and fortalice of Lochlevin continuallie sensyne, and in time comming, and generallie, all other things invented, spoMn, writtin, or done by them, or anie of them, to that effect, since the 10th day of Februarie, the yeere of God 1566 yeeres, upon the which, umquhyle the king, our most deere father, was treasouna- blie, shamfiillie, and horriblie murthered, unto this day and date of the said Act, tuiching her, and deteaning of her persoun, that the caus, and all things depending theron, or that anie wise might perteane thereto, was, to om' greefe, in her owne default. The causes wherof, as they are patent to God, so, alas ! they are over- manifest to the world. " What the parliament hath concluded presentHe needeth not to be expressed at greater lenth. It is conteaned in writt and print, and manie others nor the inhabitants of this countrie have know- ledge of the same. But what suretie is able to gainstaud treasoun ; or what bands and subscriptiouns can perswade them to be true, that are facile with their hands to subscrive, and with their tongues to speeke, the thing they think not ? The shame is their owne, and the spott and ignominie will last unto their posteriteis. If anie of the degree of nobilitie, or anie other our meanest subjects, had beene oppressed, disdained, or handled otherwise nor the ancient lawes of the countne prescrived, then men might have had occasioun to wearie of our governement, and to have sought alteratioun. But what is he that, in his conscience, is able to compleane, or accuse that estat of unjust dealing or uncourtesie ? Yitt seditious men of unquiet spirit, invyfull to see the poore people of this our reahne injoy that quietnesse and good dayes wherin they had an interesse, but moved partlie of ambitioun, partlie in hope of gaine, and sake- lesse revenge of them that never offended them, and cheefehe to stay the said ordinar course of justice, treasonablie against the tenom" of the said Acts of parliament, practised and conspu-ed the libertie of the queene, our mother ; and in conclusioun, by fraudu- lent and craftie meanes brought the same to passe in suche sort, as 1568. OF THE KIRK OF SCOTLAND, 411 she was not onlie convoyed to Hammiltoun, but there, through the perverse counsell of suche as had beene participant of our said fa- ther's murther, so farre induced, that she intended by force to be- reave us of our crowne wherewith we are rightfullie possessed, and for the more speedie executioun of the purpose, conveened their force, not onlie of suche as long have thristed for our place, but of others dissembled freinds and unnaturall subjects. To what end their treasounable insurrectioun and rebellioun hath succeeded, all our good subjects understand^ *************** ************** nather we, nor none professing our obedience, noi [avowing our querrell, ever sought ; but, being sharpelie assaulted and persued, for preservatioun of our innocent persoun, and that rowme and authoritie wherin God hath placed us, it behoved our regent, the noble men, and faithfull subjects as- sisting him, to resist their crueltie and invasioun. What womanlie mercie was in the person of her that, alas ! thought the shedding of Scotish blood a pleasaunt spectacle ? What favour and clemencie can men looke at her hands, that stirreth this seditioun against her onlie lawfuU sonne ; or what securitie can noblemen or godlie men thinke themselves in, she bearing the regiment by whose occasion our most deere father, being a portioun of her owne fleshe, was so used ? God hath his counsells to putt in executioun, and alreadie hath begunne to execute his judgements. Suche as feare God, and would the lawfull and righteous blood royall continued in the suc- cessioun of our croAvne, will willinglie obey us, and furth-sett our authoritie. The same God that hath overcome the rebellious fac- tioun once, will yitt represse their insolencie, if they tend to farther untruthe and conspiraceis ; and we doubt not but yee will assist us in their contrare, to their opprobrie and confusioun. " Our will is heerefore, and we straitlie command and charge you all and sundrie our lieges and subjects forsaid, as yee will an- swere to God, and upon your allegiance and bound duetie to us, that none of you tak upon hand to arise, assist, fortifie, mainteane, or obey our said mother, or anie conspirators, movers of seditioun ' Here a blank occurs in the original. 412 calderwood's iiistorie 1568. and insurrectioun, under colour of whatsomever other pretended authoritie nor ours, under the paine of treasoun ; and that Lyoun King of Amies, his brethrein, heralds, macers, pursevants, and mes- singers whatsomever, make publicatioun heerof at the mercat croces of the head burrowes of our realme, and others places needfuU, that none pretend ignorance of the samine. Givin imder our signet, and subscrived by our said deerest cousin and regent, at Glasgow, the day of May, and of our raigne the first yeere, 15(38." A TRUE COPIE OF THE MUTUALL BAND BETWIXT THE CAFTAN OF THE CASTELL AND TOUN OF EDINBURGH. " At Edinburgh, the 8th of May, the yeere of God 15G8 yeeres : It is appointed, agreed, and finallie contracted and bound up, be- twixt the Right Honorable Sir William Kirkaldie of Grange, Knight, Captan of the Castell of Edinburgh, for himself, kin, freinds, ser- vants, assisters, and partakers, on the one part ; and the Right Hon- ourable Simon Preston of Craigmillar, of that Ilk, Knight, Pro- yeist of the Burgh of Edinburgh, for himself, the bailiffes, counsell, and communitie, and whole inhabitants of the said burgh, on the other part, in maner, forme, and effect, as after followeth : — " That is to say, Forsameekle as it is not unknownc to them, how that the queen, our soveran's deerest mother, with certan of the nobilitie, her assisters and partakers, seeke by all meancs, force, and power they may, to depose our said soverane of his authoritie royall, and for more haistie performing therof, are alreadie con- veened in armes, for the invasioun of our said most undoubted so- veran's regent and govemour, James Erie of Murrey, &c., and all others his partakers and assisters, touns, castells, citeis, and whole lieges of this realme, who will not obey and assist them in their un- natural! and ungodlie proceedings : For eshewing wherof, fortifica- tioun, mainteaning, and defending of our said undoubted soverane, now in his tender age, and his regent foresaid, the saids captan and proveist for themselves, and taking the burthein upon them for the others above-writtin, according to their bound (luetic and oath 15G8. OF THE KIKK Ol' SCOTLAND. 413 of fldelitie givin to their most undoubted and native soverane, for maintenance of him and his authoritie royall, are bound, oblished, and sworne by the faithe and truthe of their bodeis, lyke as by thir presents they bind, oblishe, and sweare by their great oathes, in all time comming, to tak eifald, true, and plaine part together, for defence of our said soverane his authoritie and persoun royall ; and either of them, with their whole force, substance, and power, to fortific, assist, and mainteane others with their bodeis and goods ; and to concurre, and passe together at all times, and to all places needfull, not onlie for defence of the said castell, toun, lieges, habi- tatioun, and substance therof, but also for the maintenance, defence, and aide of our said soveran his authoritie royall, and regent fore- said, against all and sindrie that sail pretend to invade, molest, or persue them, or anie of them ; and to aid and support others, with whatsomever things nccessar in their possessiouns, or sail be pos- sible for them to doe, for defence of others, as need sail require. And, further, that neither of them sail heare, see, nor acknowledge the domage or hurt of others, in their persons, lands, or goods, but sail incontinent warne others with all haist possible, lett, stop, and mak impediment to the samine, at their utter power : And, finallie, sail nather contract, compone, take appointment, or make agreement by others ; but sail with their whole powers fortifie, defend, and mainteane others in the causes above-writtin, but fainzie or dissi- mulatioun, contrare and against all that Hve or dee may, that sail happin, or pretend to trouble or molest our said soverane in his au- thoritie royall, his said regent, assisters, and partakers, this toun, castell, lieges, and whole inhabitants therof, for the causes foresaid. In witnesse of which, to thir present letters, indentours, and con- tract subscrived with our hand, our signet is affixed, at the said burgh, day, yeere, and place foresaid, before thir witnesses, Sir William Matlane of Lethington, younger, Knight, Mr James Mak- gill of Hankeillour Neather, Clerk of Register, Mr Archibald Dow- glas, Parson of that Ilk, and David Forrest, Generall, with others diverse. " William Kirkaldie. Craigmillar, Knight." 414 calderwood's historie 1568. lajstgside feild. Forces were gathered on both sides. Als soone as the Lord Hume came to Glasgow, accompaneid with six hundreth men of Merce and Lothiane, the regent purposed to marche toward Ham- miltoun, and force the queen's factioun to fight. The forces of the other factioun consisted of six thowsand men ; the regent's skarse of foure thowsand. The other factioun, confident in their owne forces, intended to convoy the queene to Dumbartane, that ther- after they might ather fight, or di^aw at leuth the warre, as they thought fittest ; resolving to encounter the regent, if he would needs fight by the way. The regent attended upon them in Glasgow Mm-e, deeming that they would come that way. But when he perceaved them to marche on the south side of Clyde, he sent some footemen and horsemen before, to trouble them in the way, and to take the hiU above Langside. The great armie followed, marching among little knows and hollow valeyes, and were not scene, till they were neere to the hill, howbeit the queen's forces were march- ing toward the same place. The Erie of Ai'gile, lieutenant for the queen, being overtakin of a suddaine with an apoplexie, stayed the armie a certane tune, and so the regent's armie prevented them, and tooke the vantage of the ground. There were in the battell mth the Erie of Argile, Lieutenant, the Erles of Cassils, Eglinton, and Eothesse ; Lords Seton, Somervell, Tester, Borthwick, Living- ston, Sanquhere, Boyd ; the Shireflf of Air, the Lairds of Basse, Waughton, Dalhowssie, Lochinvar, Rosling. The avant-guarde was led by Claud Hammilton of Paisley, secund sonne to the Duke of Chattelerault, and Sir James Hammiltoun of Evindaill ; with them, the Hammiltons, their freinds and followers, to the number of two thowsand men. They bragged, that they alone would de- feate the adverse partie. The Lord Hereis had the conduct of the horsemen, aU almost borderers, dependers and tennents to my Lord Maxwell, his brother. James Stewart of Cassilton, and Arthure Hammiltoun of Myrrinton, had the conduct of the shott, to the number of three hundreth. The regent's avant-guarde was con- 1568. OF THE KIRK OP SCOTLAND. 415 ducted by the Erie of Morton, Alexander Lord Hume, Patrik Lord Lindsey, Robert Lord Sempill. In the rere-ward, with the regent, were Johne Erie of Marr, Alexander Erie of Glencarne, William Graham Erie of Menteith ; the Master of Grahame, Lords Uchil- trie, Cathcart ; Lairds Barganie, Blaquhan, Cesfurd, Luse, Bu- quhanan, Pitcur, Lochlevin, Lethington ; Sir James Balfour, the barons and gentlemen of Lennox, and the citicens of Glasgow. The shott was placed in the yairds of Langside. The horsemen, about two hundreth, were conducted by William Dowglas of Dum- lanrig, Alexander Hume of Manderston, Johne CarmichaeU of that Ilk. The regent had six peeces careid in carts ; the queen had seven. The queen's armie being disappointed of the hill, stood upon a know. When the great ordinance were shott, the regent's harquebusiers went, and skirmished before the queen's avant- guarde. Her harquebusiers were drivin backe. So, upon the other side, the regent's horsemen at the first encounter gave ground; but perceaving the other casting about to invade the foote, with helpe of the bow-men drave them backe. In the meane time, the queen's avant-guarde marching through a strait lane, were much annoyed by the regent's harquebusiers. The regent's avant-guarde made haste, and receaved them, after they had come out of the strait lane, upon the north-east side of Langside village, with long speares. There was no yeelding on either side for the space of halfe an houre, so that when speares were brokin, they cast whingers, brokin peeces of speeres, stones, or whatsoever came to their hand, at the faces of their enemeis. The Lord Hume was hurt on the face, and almost feUed with a stone. The regent's harquebusiers shott continuallie from the dykes and hous toppes. Makfarlane with his Hieland men fled from the wing, where they were sett. The Lord Lindsay, who stood neerest to them in the regent's battell, said, " Lett them goe : I sail fill up their place bet- ter ;" so he stepped fordward with a companie of freshe men, and charged the enemie with long weapons, so that they, having spent their speeres before, and almost overthrowne by the avant-guarde and harquebusiers, were drivin backe, and turned to flight. The 416 calderwood's historie 1568. regent's battell perceaving the enemie to flee witliout order, brake array and followed. INIoe were slaine in the flight than in the bat- tell, and the most part by the Hieland men, Vv^ho perceaving the victorie to fall on the regent's side, returned and persued. If the re- gent had not sent speedilie to all parts a command to spaire, moe had beene slaine ; yitt the nmnber of the slaine was about three hundreth, but moe takin prisoners. The Lords Seton, liosse. Sir James Ham- miltoun, the Shireff of Air, the ShirefF of Linlithquho, the Master of CassUs, the Laird of Innerweeke, the Laird of Trabrown, James Hammiltoun of Bothwelhauch, were takin. On the regent's side were slaine onlie one man, a tenent to the Erie of Morton, in Pres- ton in the Merce, named Johne Ballon. Among the few that were hurt were Alexander Lord Hume, and Andrew Stewart, Lord Uchiltree, who was hurt by the Lord Hereis. The queene stand- ing about a myle from the battell to behold, fled, and was con- voyed by the Lord Hereis to Dundrennan. The regent returned to Glasgow, and after publict thanksgiving for so notable a victorie, spent the rest of the day in taking order with prisoners. The cheefe men, speciallie of the surname of HaramUtoun, Avere deteaned, and after committed to sindrie wairds. The Frenche ambassader came about the end of Aprile to meete with the queene, but could not gett accesse, till the estats, wdiich were to conveene the 20th of May, consented. He traffiqued betwixt the two factiouns, pre- tending he was a peace-maker ; but perceaving the regent's forces to be weaker, he encouraged the queene to fight. But now, being disappointed of his hope, he made haste the nearest way to Eng- land, without bidding the regent fare weHl. He was robbed by the way ; but Dumlanrig caused restore to him aU that was takin frome him. This battell was fought the thriteenth of May. THE CASTELLS OF HAMMILTON AND DREFFANE RANDERED. The day following, the regent sent to summoun the castell of Hammiltoun, the keyes wherof were offered the nixt day. In the castell of Hammiltoun were found some of King James the Fyft 1 1568. OF THE KIRK OF SCOTLAND. 417 his household stufFe. About the same time, the castell of DrefFane was randered. BOTHWELHAUCH AND OTHERS PARDONED. Upon the 22d day of May, the Shireff of LinHthquho, Innerwicke, Bothwelhauche, and six others, were putt to an assise, convicted, their hands bound, and pardouned at the requeist of Mr Knox, wherof he repented after ; for Bothwelhauche slew the good re- gent, as sail be declared in the owne place. HODDOM ROAD. The regent having charged by proclamatioun the lieges to meete him at Biggar, the 10th of June, he went out of Edinburgh the 11th of June. At this time the castell of BoghaU, Crawfurd, San- quhare, Lochwod, Hoddom, Lochmabane, Annand, were randered and spared, upon hope of obedience promised. Skirline castell was razed, and Kenmure, for exemple to others. His forces consisted of five thowsand horsemen, and a thowsand shott. This expedi- tioun, becaus of the skairstie of victuall, when they came to Hod- dom, a hous belonging to the Lord Hereis, was called Hoddom Road.» ' In this military progress, a house devoted to destruction was spared, under a cu- rious pretext, related by Lord Herries himself, in the following words, in his History of the Reigns of Mary and James VI. : — " The Lord Herreis' hous of Terreglis, the Regent give full orders to throw it doune. But the Laird of Drumlanrig, who was the Lord Herreis' uncle, and much in favour with the Regent, told that the Lord Herreis wold take it for a favoui', if he wold ease him of [his] pains, for he was resolved to throw it downe himselfe, and build it in another place. The Regent sware he scorned to be a barrowman to his old walls ! And so it was safe." — Herries s Memoirs, Abhotsford Club Publication, p. 106. VOL. IL 2d 418 calderwood's historie 1568. A PARLIAMENT HOLDIN. The parliament was continued till tlie 16th day of August. Manie meanes were used by the other factioun to mak impedi- ment. Argile cometh to Glasgow with six hundreth horse, and had conference with the Hammiltons; but they could resolve upon nothing. The Erie of HuntHe came accompanied with a thowsand horse ; but his passage by the bridge and foords of Tay was stopped by the Lord Ruthven^ and others of the nobilitie and gentrie lying neere hand. The Queen of England, at the requeist of the rebells, craved a delay, and that sentence sould not rashlie be pronounced against them, till she were perfytlie informed of the whole proceedings ; for the queene, her cousin, had compleaned to her of wrongs done to her by her subjects : for our queene at this time was in England. She feared to stay in Scotland, and doubted of the Lord Hereis' fidelitie.' Least the rebells sould be encour- aged, the parliament was holdin at the day appointed. There was sharpe reasouning, whether all that had takin araies against the king, and had not sought pardoun, or acknowledged the king's authoritie, sould be forfaulted. Secretar Matlane, favouring se- cretlie the rebells, wi'ought so, that his advice prevailed ; to witt, ' The subtlety, selfishness, and double-dealing of this nobleman are sufficiently evident in the course of this History, in which he makes a prominent figure. His character is thus graphically sketched in one of the letters of Throgmorton : — " The Lord Hei'yes ys the connynge horseleache and the wysest of the whoUe faction ; but as the Queue of Scotland sayethe of hym, there ys no bodye can be sure of hym ; he taketh pleasure to beare all the worlde in hande ; we have good occasyon to be Avell ware of hym. Sir, yow remember how he handled us when he delyvered Dun- fryse, Carlaverocke, and the Harmytage, into our handes ; he made us bcleave all should be ours to the Fyrthe, and when wee trusted hym best, how he helped to chase us awaye, I am sure you have not forgotten. Heere, amongest his owne coun- treymen he ys noted to be the most cautelous man of hys natyon. It may lyke yow to remember, he suffred hys owne hostages, the hostages of the Lard of Loughanver and Garles, hys uexte neyghboures and frendes, to be hanged for promesse broken by hym. Thys muche I speake of hym, because he ys the lylielyest and most danger- ous man to enchaunte yow." — Here Throgmoi'ton seems to fear that Herries might be too cunainsr even for Sir William Cecil ! 1568. OF THE KIRK OF SCOTLAND. 419 that a few sould be condemned for the present, to strike a terour in others, and the rest be putt in hope of pardoun. The rebells were muche encouraged by this delay, for they looked for assist- ance out of England and France ; yea, they thought their owne power sufficient to overthrow the other factioun. The regent pun- ished some by a light fyne, others he laboured to bi-ing to the ac- knowledo-ement of the kino^'s authoritie. ARGILE 8 LETTER TO CRAWFURD. What were the practises of the rebells to stay this parliament may be scene in the letter following, writtin by Argile to Craw- furd : — " My Lord, after our heartilie commendatiouns : We have thought it expedient to mak your lordship participant with our proceedings of the nobilitie in tliir west parts, in the queen's Majestic our sove- ran's service, and for the securitie of us that are her favourers and faithfull subjects. For this 28th of Julie instant, we have con- veened, with all the great men of the nobilitie and great barons of the west parts, suche as my lord Duke's freinds of Chattelerault, Erles Eglinton, Cassils, Lords Fl^eming, Boyd, Sanquhare, Mas- ter of Hereis, Lairds Lochinvar, Johnstoun, with manie other great barons, who all are bent to sett fordward our soveran's ser- vice, and be constant therin ; and it was thought expedient among them all, to renew the samine band among themselves, for our so- veran's service, which was made before herself in Hammiltoun. " Item, They thought good to write to the King of Spaine, and the Duke of Alva, in favours of our soverane ladie, and for help and support of men and munitioun. And becaus they were hasti- lie to be sent away, we gott not leasure to send them to you, to be subscrived, but caused them to be subscrived, which we doubt not but yee will confirme and ratifie. And siclyke we have writtin to the Queene of England right sharpelie. " Item, There is a great pai't of the nobilitie that are ftxithfull subjects to our soverane, summoned to this pretended parliament, 420 calderwood's historie 1568. the 16th of August nixt, (which we are all deliberated to stay,) that we and our freinds of the nobilitie sould be forfaulted, with suche our faithfull subjects that are true and faithfidl to our native borne prince and heretrix. And to that effect, we will have all the folkes we can make to be readie against the 10th of August, to come to suche places as sail be appointed, with twentie dayes vic- tual]. And this is the commoun caus to all our freinds conveen- ing, or that favour us ; and the noble men, our freinds, will resist the said forfaultour to the utter power of their lyves. Heerefore we pray your lordship, and all the nobilitie about you, and under your charges, with all your freinds and others the queen's Grace's favourers, who love us and our freinds, our lyves and our heretages, to mak all our force readie against the said 10th day of August, that therefore my Lord HuntUe and all these parts may meete and come together; and to come to Sanct Johnstoun, or therabout ; and that yom' lordship have some harquebusiers, under charge of some captane, to be in your companie ; and at the least, to stay all cries, lords, prelats, that have vote in parliament, that no man come to their pretended parliament. " Farther, we have caused make proclamatioun at all burrowes, that no man of anie burgh come to their parliament, or to send them men or money in anie sort, or yitt to tholl anie officers of armes to proclame anie of their letters within their touns, but allan- erlie in our soveran ladie's name. And if they doe the contrare, they to be used with fire and sword, to the rigour. And we desire your lordship to doe the samine in the touns beside your lordship in the north, as Dundie, Montrose, Forfar, Brechin ; and the copie therof sail be sent to your lordship. Farther, please your lord- ship to make the lords and barons about your lordship partakers and assisters to our soveran ladie the queen of thir our proceedings ; and your lordship doe siclyke in the bounds yee have commissioun of, and haste us answere again. Off Dunnoun, the last of Julie, 1568. " Your lordship's assured at power, " Argile." 1568. OF THE KIRK OF SCOTLAJ^D. 421 THE SEVENTEEN GENERALL ASSEMBLIE. The Generall Assemblle conveened at Edinburgh, in the neather tolbuith, the 1st of Julie, 1568. Mr Johne Willock, Superintend- ent of the West, was chosin Moderator. TRIELL OF THE SUPERINTENDENT OF FIFE. In the first sessioun, the commissioners appointed by the last Assemblie to trie the complaints givin in, or to be givin in, against the Superintendent of Fife, produced the executioun of their com- missioun. Others were appointed to revise their proceedings. He was accused of negligence in visitatioun, and carelesseness in cen- surinof adulterers. ACTS. It was thought meet, that this order sould be followed in choos- ing commissioners with power to vote in the Generall Assemblie, for eshewing of confiisioun : — I. That none have place or power to vote except superintend- ents, commissioners appointed for visiting of kh'ks, ministers brought with them, and by them presented as persons able to reasoun and to judge. With the forenamed sail be joyned commissioners of burghes and shires, together with commissioners of universiteis. Ministers and commissioners of shires sail be chosin at the synodall conventioun of the diocie, with consent of the rest of the ministers and gentle men that sail conveene at the said synodall conventioun. Commissioners of burghes sail be appointed by the counsell, and kirk of their owne touns. None sail be admitted without suffi- cient commissioun in writt. And least this sould tume to a per- petuall commissioun of a few and certane persons, it is concluded, that ministers and other commissioners be changed from Assem- blie to Assemblie. 422 calderwood's historie 1568. II. It was ordeaned that superintendents command readers to absteane from all ministratioun of the sacraments, under paine to be accused as abusers, and criminal!, according to the act of parlia- ment. m. Tuiching the questioun of murther committed upon sud- dantie, and satisfactioun to be made for the same, it was answered, that the crime being confessed, and the persoun orderlie convicted, he sail be admonished by the superintendent, or the nixt reformed kirk, where the slaughter was committed, to absteane from all par- ticipatioun of the sacraments till he satisfie the kirk, as sail be in- joyned to him ; that the admonitioun be published where the crime was committed, and where the recent bruite therof was spread, that men may understand the kirk winketh not at the shedding of innocent blood. If the crime be denied, and yitt the bruite therof be constant, and as it were publict, the suspected sail be com- manded to absteane frome the use of the sacraments till farther triell may be had, or elles till he be solemnelie purged of the bruite. As for suddane mm'ther, and that which is committed purposelie, the answere was remitted to an act made before. IV. Tuiching the forme of receaving the murtherer, the man- slayer, or adulterer, it is ordeaned, that none that hath committed slaughter, adulterie, or incest, or heerafter sail committ the same, sail be receaved to repentance by anie particular kirk, till first they present themselves before the Generall Assemblie, there to receave their injunctions, and, therafter, sail keepe the same order that was prescriyed to Paul Methven for his repentance ; this being added, that he or they sail beare in their hands, at all time of their pub- lict repentance, the same or like weapoun wherewith they com- mitted the murther. V. As for oppressours of childrein, they are to be admonished to make publict repentance in sackcloath, bare-footed and bare-headed, so oft as the particular kirk sail appoint. VI. It was ordeaned, that no office-bearer in the kirk subscrive anie assignatioun, or give charge to anie collectour, to answere anie man of anie portioun of the patrimonie of the ku'k, but suche I 1568. OF THE KIRK OF SCOTLAND. 423 as beare office in the kirk, and that according to the rolls givin to them, subscrived by the keeper of the register of ministers' sti- pends. VII. It was thought necessar, that order sould be takin, that commoun kirks and tithes vacant since the last parliament, through neglect of presentatioun, sail be disponed to qualified men, able to discharge their calling to the comfort of the people. VIII. It was ordeaned, that superintendents and commissioners cans suche as injoy benefices, and have gifts enabling them to the ministrie, to be present at the nixt Assemblie, to accept the office according to their abllitie. IX. It was ordeaned, that no ministers, exhorters, readers, or other persons, trouble or molest the Generall Assemblie heerafter with suche things as superintendents may and ought to decide in their synodall conventions. And if anie doe otherwise heerafter, that their bills be rejected. Some brother were appointed to read the bills givin in to this Assemblie, to writt their answere accord- ing to their judgement on the backe, and to report to this present Assemblie. THE BOOK INTITULED " THE FALL OF THE ROMAN KIRK" TO BE REVISED. Thomas Bassandine, printer, was commanded to call in the bookes printed by him, entituled " The Fall of the Roman Kirk," wherin the king is called " Supreme Head of the Primitive Kirk," &c., and to keepe the rest unsold, till he alter the foresaid title. Item, To delate the bawdie song, " Welcome, Fortune," &c., printed in the end of the Psalme Booke, without license ; and that he ab- steane in times comming from printing anie thing without licence of the supreme maglstrat, or, if it concerne religioun, of suche as sail be appointed by the Assemblie to revise. Mr Alexander Ar- buthnet was appointed to revise the forenamed tractat, and to re- port to the Assemblie. 424 galdeewood's historie 1568. THE BISHOPS OF GALLOWAY AND ORKNEY TRIED AND CENSURED. The Commissioner of Galloway was ordeaned to come to Edin- burgh all the time of the nixt parliament, and show his diligence in the charge committed to him in that province ; and to answere, whether he will await on court and counsell, or upon preaching the Word and planting kirks. The Superintendents of Angus, Fife, and Lothiane, were appointed to report his diligence and answeres to the nixt Assemblie, and, in the meane time, commissioun was givin to Mr Johne Eow to visite Galloway. The Bishop of Ork- ney is restored again to the ministrie, but ordeaned at some con- venient time, upon the Lord's day, when he may convenientlie, for weaknesse of bodie, preache in the ku'k of Halyrudhous, and after sermon confesse his offence for solemnizing the mariage betwixt the queen and the Erie Bothwell, which he promised to doe. THE TREATISE OF EXCOMMUNICATION TO BE REVISED. Maisters Johne Willocke, Johne Craig, Johne Row, Robert Pont, James Greg, William Clu'istesone, and David Lindsay, were ap- pointed to revise the forme and order of excommunicatioun, which is penned by IMr Knox, at the desire of the AssembHe, and to re- port their judgements. The treatise is extant in our Psalme Bookes. Jja it is mentioun often made of the ministrie, sessioun, and ku'k ; but of superintendents, onhe where there is no reformed kirk. Where there is mentioun made of superintendents, there is men- tioun also made of assessors joyned with them. Our first reform- ers dreamed not of the sole power of a bishop to excommunicat, nor of privie excommunicatioun by officialls. The Superintendents of Angus, Fife, and Lothian, Mrs Johne Craig, Johne Row, ministers, were appointed, together with the Laird of Barganie, to present the heeds following to the lord re- gent's Grace, and to report his answeres to the Assemblie : — 1568. OF THE KIRK OF SCOTLAND. 425 1. Lett his Grace know the heavie and greevous complaint of the ministers concerning the assignatioun, whereby they are alto- gether disappointed of their stipends ; for the assignatioun standing, the thrids are not able, as they are ordered, to pay the ministers halfe their stipends, and in some parts not the quarter therof. 2. It is thought verie unreasonable that the Papists, enemeis to God's kirk and this commoun wealth, and others that labour not in the ministrie, sail possesse freelie, without impositioun of anie burthein, the two part of the benefices, and the labourers in the kirk sail not possesse the thrid. Heerefore the Assemblie desireth my lord regent's Grace will take suche order, that the commoun charges may be susteaned upon the two parts of the benefices pos- sessed by the Papists, so that the thrid may remaine free, to be dispouned by the kirk : not that the ministers desire more than their reasonable stipends, but that the superplus may support the schooles and the poore, according to the will of God ; and that the collectors of the kirk sail mak compt yeerelie therof, so that my lord regent's Grace, and the counsell, sail know the disposition of the same. 3. Item, To show my lord regent's Grace, that there are sindrie benefices vacand, and speciallie the benefices of the commouns pertaining to cathedrall and metropolitan kirks ; that his Grace would jDresent qualifeid men to them, with advice of this Assemblie ; otherwise, that the kirk may dispone them, as falling to them, by reasoun that none have beene presented these six moneths by- past ; and also, to present qualified persons to the kirks of the nunreis presentlie vacand, as presentlie to Northberwick. 4. Item, That my lord regent's Grace will give commissioun or authoritie to certane persons for reformatioun of the Colledge of Aberdeene ; that the corrupt office-bearers, regents, and others, be removed, and other qualified persons placed in their rowmes, that the youth may be instructed in godlinesse and good letters. 5. Item, To desu-e my lord regent's Grace, for suppressing of vice, whereby the plague of God may be withdrawin from the realme, to be carefuU to see diligent executioun of justice upon 426 caldekwood's historie 1568. committers of suche odious crimes, as sail be exhibited to his Grace, in bill, by the superintendents and commissioners of touns. 6. Item, That his Grace would cans suche of the counsell as were appointed, conveene with these that were appointed by the Assemblie, to treate of the jurisdictioun of the kirk ; to decide therin, that time and place be condescended upon to that effect ; and that this be done before the parliament hold. 7. Item, To advise .with my lord regent's Grace and coun- sel], that superintendents may be placed where none are as yitt placed. 8. Item, To understand what is to be done anent augmenting or appointing of ministers' stipends, as need requireth. The answeres made by the regent's Grace and the counsell to the forsaid articles follow : — " At Edinburgh, the eight day of Julie, the lord regent's Grace, my Lord Sempill, my Lord Glames, the Secretar, Lord Uchiltrie, and my Lord Balmerinoth, being on the Secreit Counsell. " Anent the complaint made by the kirk, for laike of payment of the thrids of benefices to the sustentatioun of the ministrie, the persons addebted for payment of the same being at the home, and no fm^ther diligence used for obteaning of payment, my lord re- gent's Grace, with advice of the Lords of Secreit Counsell, ■ or- deaneth the treasurer to receave all letters of homing which are to be presented by whatsomever collectors, ather of the three-score six yeere crop, or three-score seven, or in time comming ; and upon the said letters of homing, to direct letters to officers of armes, or to the shu-efFs, or other ordinar judges, to uptake the escheats of the persouns denounced and putt to the home ; and of the first and readiest of the escheats, to pay to the collectors the summes aught- and, for which the saids persons were putt to the home ; freelie taking up the remanent to our soverane lord's use, at the least, taking so meekle above the valour of the debt, as will make the expenses upon the executioun of the letters in uptaking the escheat, so that no expenses in executioun of the said letters be made other- wise but of the escheat goods of the persons denounced. 1568. OF THE KIRK OF SCOTLAND. 427 " All coramoun kirks sail be givin to qualified ministers ; and als, when anie prebendreis are founded on the fruicts or tithes of kirks, as Dumbervie and Ormeston in Lothiane, as the prebendrie vaiketh to be uptakin by the collectors. " Ordeans a commissioun to be formed for reformatioun of the Colledge of Aberdeene, and for placing of godlie and qualified mas- ters therin. " The roll of the committers of the vices to be presented to my lord regent's Grace, who sail cans the Justice-Clerk proceed in forme of justice against them. " My lord regent's Grace sail give warning to the persona named in the parhament, to conveene the 8th day of August. " Forsameekle as superintendents cannot presentlie be appoint- ed, the Assemblie must appoint commissioners for the self same purpose, as the Assemblie sail thinke good to give commissioun, till the nixt Assemblie. " Anent the appointing or augmenting of ministers' stipends ; by advice of my lord regent's Grace and counsell, the Clerk of Re- gister, the Laird of Pittarow, and Mr Henrie Balnaves, were ap- pointed, together with suche as the Assemblie sould thinke meet, or anie two of them." The regent's letter anent chaplanreis. " We, understanding that there are some chaplanreis properlie perteaning to the king's Majestie's presentatioun, and some at this present to be dispouned, have thought good to require your opi- nioun, how we sail proceed in that behalfe, presentlie, and in time comming, that ignorantlie we doe nothing which the kirk may justlie find fault with heerafter. "James, Regent." Mr Knox, in a letter writtin to Mr Johne Wood, staying in England, for the time imployed by the regent, hath these words following : — " My words (viz. upon the Evangell of Johne, concerning the treasonable departing of Judas from Christ) were these : ' I fcare 4:28 caldeewood's historie 1568. that suche as have entered with us in professing the Evangell, as Judas did with Christ, sail depart and follow Judas, how soone the expectatioun of gaine and worldHe promotioun faileth them. Time will trie farther, and we sail see over muche. We looke dayhe for the arrivall of the duke and his Frenchemen, sent to restore Satan to his kingdome, in the persone of his deerest lieutenant — sent, I say, to represse religioun, not from the King of France, but frome the Cardinal! of Lorane, in favour of his deerest nice. Lett Eng- land take heed, for assuredUe their nighbours' houses are on fire. I would, deere brother, that yee sould travell with zealous men, that they may consider our estate. What I would say, yee may easHie conjecture. Without support, we are not able to resist the force of the domestical! enemeis, (unlesse God worke miraculousUe ;) muche lesse are we able to stand against the puissance of France, the substance of the Pope, and the malice of the hous of Gwise, unlesse we be conforted by others than by ourselves. Yee know our estate, and, therefore, I wiU not insist to deplore our povertie. The whole comfort of the enemeis is this, that by treasoun or other meanes they may cutt off the regent, and then cutt the throat of the innocent king. How nan*owlie hath the regent escaped once, I suppose yee have heard. As their malice is not quenched, so ceasseth not the practise of the wicked, to putt in executioun the crueltie devised. I Hve as a man ah-eadie deid from all efFau-es civUl ; and, therefore, I praise my God ; for so I have some quiet- nesse in spirit, and time to meditat upon death, and upon the troubles I have long feared and foresee. The Lord assist you with his Holie Spmt, and putt an end to my travells, to his owne glorie, and to the comfort of his ku'k ; for assuredlie, brother, this miserable life is bitter unto me." After the queene arived at Warkington in Cumberland, accom- panied with sixteene persons, Captan Read was appointed to at- tend upon her, \nth. fiftie souldiours, and to convoy her to Carlill, and from thence to Bolton Castell, -which belonged to the Lord Scroope, where she remained tiU she was committed to the Erie of 1568. OF THE KIRK OF SCOTLAND. 429 Shrewsburie. She sent up her heavie complaints to court. Suche as fled out of the countrie reported likewise that there was great injurie done to her through the malice of her subjects, and that she was charged unjustlie with haynous crimes. Queen Elizabeth, partlie moved with her complaints, partlie beleeving misreports, and feering the eviU which might follow upon suche an exemple, required the regent to send some men sufficientlie instructed, to declare to her the order of their proceedings, and to answere to suche reproaches as were layed to his owne charge. Albeit it waa thought hard to call in questioun things alreadie justified in par- liament, and that before forraine kings and judges, often enemeis to our natioun, yitt becaus the Cardinal! of Lorane ruled the court of France at his pleasure, and the queene had a great factioun at home, it was not expedient to offend the Queene of England. When the cheefe of the nobUitie refused this ambassadge, the re- gent professed he would goe himself. He choosed nyne persons to accompanie him : James Dowglas Erie of Morton, Patrik Lord Lindsay, William Matlane of Lethington, secretare, Adam Bishop of Orkney, Robert, Commendatare of Dumfermline, Mr James Mak- gill of Rankeillour, Mr Henrie Balnaves, and Mr George Buchanan. Secretare Lethington was verie unwilling , but he was perswaded by faire promises of lands and money; for it was not expedient to leave behind them a factious man, that inclynned secreitlie to the queen's factioun. They went in England the 27th of September, accompanied with an himdreth horse. The regent was advertised, that the Erie of Westmorland had directioun from Thomas Ha wart, Duke of Norfolk, to ly in wait for him ; yitt he came to Yorke the secund of October, the place appointed for hearing the controversie. At the same verie houre came thither also Thomas RatclifFe, Erie of Sussex, and Sir Eawfe Sadler, Chanceller of the Dutchie of Lancaster. The duke com- ming the same verie houre to the towne when the regent came, thought he could not be free of slaunder if anie thing were then attempted. Their purpose was, that the regent being slaine, and our queen's letters to BotliAvell intercepted, she might the 430 calderwood's historie 1568. more easilie be cleered of anie crime might be layed to her charge ; but their machinatioun succeeded not. Our queene and the duke, at this time, were treating of a matche by secreit raessin- gers. Upon the thrid of October compeered Johne Bishop of Eosse, William Lord Livingston, Robert Lord Boyd, Johne Lord Hereis, Gawin, Commendatare of Kihvinning, Su' Johne Gordoun of Lochinvar, and James Cockbmme of Skirhne, knights, commis- sioners for our queene. The English commissioners caused read their commissioun, and deliver the authentick copie therof. The commissioun was, to treate and conclude with the commissioners of both sides upon all maner of hostiliteis, differences, controverseis, maters debatefull and contentious, of what natm'e so ever the same be, or have beene, betwixt her sister the Queene of Scotland, and anie of her subjects, on the one part, and the Erie of Murrey, and anie other subject of Scotland refusing to obey her, on the other part : and also, iipon anie caus or mater depending undecided or ended betwixt her and her sister, or betweene anie of their subjects on either part ; or for the fiirther confirmatioun or reformatioun, augmentatioun of anie treatie of peace heeretofore made and con- cluded ; or for the contracting and establishing of anie other new treatie or confederatioun, for increasse of amitie, peace, and concord betwixt them, their realmes and subjects. After reading and delivering of the copie of the said commissioun, they required the saids commissioners for the Queene of Scots to produce their commissioun ; and they tooke to produce the same on AYednesday nixt, the 6th of October. James Erie of Mm-rey, James Erie of Morton, Adam Bishop of Orkney, Patiik Lord Lind- say, IMr Robert Pitcame, Commendatare of Dumfermline, com- peered as commissioners for the young king before the Enghsh commissioners, in the Deane of York's hous, and produced their commissioun. The effect of their commissioun was, to declare be- fore the Queen of England's commissioners the true causes movmg diverse of the nobihtie to put on armes, wherupon folloAved the de- teaning and sequestratioun of the queene his mother's person for a time ; with all causes, actiouns, circumstances, and others their I 1568. OF THE KIRK OF SCOTLAND. 431 proceedings whatsomever towards her, or anie subject of the realme, sithence that time, and to commune, treate, and conclude therupon with the Queen of England her commissioners ; as also to treate and conclude upon aU differences, causes, or maters whatsomever, de- pending betwixt the subjects of either their realmes, or for further confirmatioun or augmentatioun of anie treatie of peace heeretofore made and concluded ; or for contracting or perfyting anie other new treatie or confederatioun, als weiU for the maintenance of true reli- gioun publictlie professed by the inhabitants of both the realmes, and resisting of anie forraine power, or other power that may be stirred up within the samine, to disturbe the present quietnesse granted to both realmes in the unitie of the said religioun, as also, for increasse of amitie, peace, and concord. Upon Tuesday the 6th of October, at nine houres before noone, in the said Deane of York's hous, in presence of the commissioners of England, the commissioners for our queen produced their com- raissioun, wherin power was givin to the forenamed, or anie foure of them, to conveene with the English commissioners ; to treate, indent, conclude upon all suche heeds and articles as saU be found best for the furth-setting of the glorie of God, the reductioun of her disobedient subjects to their debtftiU obedience ; for good amitie als Weill for byganes as to come, betwixt them and all their obedient subjects ; and to treate upon the peace to be made betwixt her and her deerest sister, their realmes and subjects, and all other things perteaning to the weale of the same. After noone, the Deane of York receaved, in presence of the commissioners of both the parteis, the oath of the commissioners of England, that they sould proceed uprightlie in all this conference. Therafter, they required the Queen of Scotland's commissioners to give their oathe. But, becaus they were to make some protesta- tioun, in name of their soverane, before they entered to anie act in this conference, they tooke the day following, to witt, the 7th of October, to give in the said protestatioun, with the oath, as was required. The Erie of jNIurrey, and his colleagues in commissioun, were required presentlie to give their oath, which was receaved by 432 calderwood's historie 1568. the Deane of York ; viz., that they sould make a plaine and ample declaration of the true causes moving them and others of the nobi- litie of Scotland to putt on armes, and to sequestrat the Queen of Scotland her person for a time ; that they sail proceed sinceerlie and uprightHe, and that they sail not hide or conceale anie thing which is meet and requisite to be opened and declared, for the better knowledge of the truthe of the saids causes and controversie. Upon the 7th of October, the commissioners for our queen com- peered before the English commissioners, at nine houres before noone, in the Deane of York's hous, and protested, that howbeit their mas- tresse was content that the controversie betwixt her and her diso- bedient subjects be considered and dressed by her sister and con- signesse the queen's Majestic of England, or her Grace's commis- sioners authorized thereto, before aU others, yitt they protested so- lemneHe, that thereby they intended on no wise that the queen's Majestic, their soveran, sovild recognosce herself to be subject to anie prince on earth, in respect she was a free princesse, having the imperiall crowne givin her of God, and acknowledgeth no other su- periour, and, therefore, that her posteritie be not prejudged in their soveranitie on no wise heereby. Then they gave their oath to make a plain and ample declaratioun of the true causes whereby they, and others of the nobilitie of Scotland, tooke occasioun to putt on armes for mainteaning of the queen's Majestic their sove- rane in her authoritie ; and all others their proceedings in this caus, and difference standing betwixt their said soveran and a part of her subjects ; to deale sinceerelie and uprightlie ; to hide or conceale nothing meete and requisite to be opened and declared, for the better knowledge of the truthe of the saids causes in controversie. The same day, after noone, the commissioners for the Queen of England made a protestatioun, as an answere to the protestatioun made by our queen's commissioners. They protested they nather did nor would admitt or allow the samine in anie wise hm'tfull or prejudiciall to the right, title, and interest incident to the crown of England, which the queen's Majestic, and all her noble progenitors, had clamed, had, and injoyed, as superiours over the realme of Scot- 2 15G8. OF THE KIRK OF SCOTLAND. 433 land : and the same superioritie they protest to belong and apper- teane to the queen's Majestie, In the liglit of the crowne of Eng- land.^ Then the English commissioners required our queen's com- missioners to give in their complaint upon the subjects of Scotland who had offended her, which they did the day following, Fry day the 8th of October ; protesting, it sould be leasome to them to augment the same at their pleasure ; which protestatioun was admitted. And, therefore, they produced the complaint in forme as after fol- loweth : — THE COMPLAINT GIVIN IN BY THE QUEEN OF SCOTS' COMMISSIONERS. "We, the commissioners appointed for the queen's Majestie of Scotland, our soverane ladie, in her Highnesse' behalfe, shoAV to your Grace, and my lords commissioners for the queen's Majestie of England, that James Erie of Murrey, Johne Erle°of Marr, Alex- ander Erie of Glencarne, the Lords Hume, Kuthven, Lindsay, Sempill, Cathcart, Uchiltrie, with others their assisters, assembled in armes a great part of the queen's Grace her subjects ; declared by their proclamatiouns, it was for her Grace's releefe ; unbesett the gate in her passage betwixt her Grace's castells of Dumbar and Edinburgh ; there tooke her most noble persoun ; committed her in ' Thisbone of national contention was produced at the commencement of the trial. " The first day of the meeting," says Melvill in his Memoirs, " the Duke of Norfolk required, that the regent should make homage in the king's name to the crown of England, thinking he had some ground to demand the same, seeing the said regent there to plead his cause before the council of England. Whereat the regent grew red, and knew not what to answer ; but Secretary Lidington took up the speech, and said, That in restoring again to Scotland the lands of Huntington, Cumberland, and Northumberland, with such other lands as Scotland did of old possess in England, that homage should gladly be made for the said lands : but, as to the crown and kingdom of Scotland, it was freer than England had been lately, when it paid St Peter's penny to the Pope." — Independently of English patriotism, which may have inspired such a demand, the duke's subsequent conduct makes it certain that ho had other and more selfisli motives. If Murray had assented, his own credit, and tiiat of his party, woidd have been utterly ruined : if he had peremptorily refused, the duke might have hoped that a trial, which was to place Mary's character in jeopardy, would be averted, VOL. II. 2 E 434 calderwood's histoeie 1568. waird, in her owne place of Lochlevin ; after, intrometted with her coine-hous, pressing yrons, gold, silver, coined and uncoined; past to the castell of Stirline, and made their fashioun of crowning of her young sonne, the prince, being then but of thretteene moneths of age. James Erie of Murrey tooke upon him the name of regent, usurping thereby the supreme authoritie of that realme, in the name of that infant ; intrometted with the Avhole strenths, muni- tions, Jewells, and patrimonie of the crown e, als weill propertie as casua-htie. And, when it pleased Almightie God to releeve her Grace out of the strait thraldome where her Highnesse was de- teaned elleven moneths so hardlie, that none of her true subjects might have accesse to speeke her Highnesse, therefore in Hammil- toun made open declaratioun, that her former constrained writtings in prisoun W' ere altogether against her will, and done for feare of her life ; affirmed the same by solemne oath ; yitt, for the godlie zeale and natm'all affectioun her Grace bore to her native realme and subjects, gave power to the Erles of Argile, Eglintoun, CassUs, and Rothesse, to agree and conforme a pacificatioun with the other erles and their partakers : passing to Dumbartane, left the hie way, for avoiding trouble ; the saids Erles of Murrey, Morton, Glencame, Marr, with their adherents and partakers, unbesett her passage, and by their men of wan-e which they had waged with her Grace's owne silver, overthrew her power, slue sindrie right honest and true men, tooke others prisoners, and ransoumed them ; condemned to death, under colour of their pretended law, great landed barons and gentlemen, for no other caus, but onlie for serving of their native prince. Thu", their unreasonable and unduetifull proceedings, caused the queen, our mastresse, to come in this realme, to require of the queen's Majestic, her most deerest sister, and in blood neer- est consignesse in the world, (their promises of love, freindship, and assistance so effectuousHe effirmed,) favours and support, that she may injoy peaceablie her realme, according to God's calling ; and that her subjects may be caused recognosce their debtfull obe- dience, reforme to her Majestic and her true subjects the wrongs they have done, as sail be givin in speciall, that we and they may 1568. OF THE KIRK OF SCOTLAND. 435 live under lier Plighnesse in one calling, as good subjects, under that head that God hath appointed us, is her Majestie's, and our . desire." Sic subscribitur, " Johne, Rossen Hereis. Levingston. ■ Kilwinning. R.Boyd. Skirline." Upon Moonday, the elleventh of October, the commissioners for the king gave in their answere to the complaint forsaid, as follow- eth :— THE ANSWERE GIVIN IN BY THE ERLE OF MURREY AND HIS COM- PLICES, TO THE COMPLAINT MADE BY THE COMMISSIONERS FOR THE queen's MAJESTIE OF SCOTLAND. '' It is notified to all men, how som whiles King Henrie, father to our said soverane lord, was horriblie murthered in his bed. James, some time Erie Bothwell, being weill knowne for cheefe author therof, entered in suche great credit and authoritie with the queene, then our soverane, that within three moneths after the murther of her husband, the said erle presetitlie interprised to ravishe her per- soun, and led her to Dumbar castell, holding her there as captive a certan space ; during which, he caused divorce be led betwixt him and his lawfull wife, and suddanlie with the end therof, ac- complished a pretended mariage betwixt him and the queen. Which strange and haistie proceeding of that godlesse and ambi- tious man, after murthering of the queen's husband in suche sort, to atteane to her owne mariage, the governement of the realme, and power over their sonne, our soverane lord's persoun ; the which ignominie spokin among all nations of that murther is, although all the nobilitie had beene alike culpable therof, so moved the hearts of a good number of them, that they thought nothing more godlie, nor more honorable in the sight of the world, than by punishing the said erle, cheef author of the murther, to releeve others sake- 436 calderwood's histopje 1568. lesselie calumniated tlierof ; to putt the quecne to freedome, out of the boundage of that tyranne, that presumptuouslie had interprised to ravishe and marie her, whose lawfull husband he could not be, nather she his lawfull wife ; and to preserve the innocent persoun of our native prince, furth of the hands of him that murthered his father. For which purpose, taking annes, the said erle came against us, leading the queene, then our soverane, in his companie, as a de- fence and cloke to all his wickednesse, accompanied with a great force that he had brought to the feilds, with great ordinance, and waged men of warre : where, to decide the querell which was onlie intended against him, and the remanent knowne murtherers, with- out bloodshed of anic innocent man, it was offered, at two severall times, by the noble men seeking the punishment of the murther, to trie the mater with him in singular battell, according to the law of armes, as he by his cartall before had proclamed : which being shifted, delayed, and in the end utterlie refused by him, he escaped by flight ; and the queene, preferring his impunitie to her owne honour, would see him convoyed. And to the end he sould not be followed nor persued, she came herself to the noble men as- sembled against him, Avho convoyed her to Edinburgh ; and being there, informed her of the verie causes that had drivin them to that forme of dealing ; humblie requiring that she would be content to see the said erle, and others her husband's murtherers, punished, and that pretended and unlawfull mariage Avherin she was impro- visedlie entered to be dissolved, for her owne honour, the safe- guarde of her sonne, the quietnesse of her realmc and subjects : To which no other answere could be obteaned, but rigorous menacing on the one part, avowing to be avenged on all them that had shewed themselves in that caus ; and, on the other part, offering to leave and give over the realme and all, so that she might be suffered to possesse the murtherer of her husband. Which her inflexible minde, and extremitie of necessitie, compelled them to sequestrat her for a seasoun from the companie, and having intelligence with the said Erie Bothwell, and others his fautors, whill farther ti'iell mioht be takin, and executioun made for the murther. During 1568. OF THE KIRK OF SCOTLAND. 437 which thne, finding herself by long, irkesome, and tedious travell, takin by her in the governement of the i^ealme and lieges therof, so vexed and wearied, that her bodie, spirit, and senses were altoge- ther unable longer to occupie the governement of the realme ; and perceaving, by things that had past before that time, betwixt her and her people, that nather she could weill allow of their doings, nor they like of her fashiouns ; and for other consideratiouns mov- ing her for the time, therefore demitted and remitted the office of governement of 'the realme and lieges therof, in favours of her owne and most deere sonne, the prince of the same. And becaus of his tender youth, and inabilitie to use the said governement in his owne person, during his minoritie, constitute me, the said Erie of Mur- rey, (being then absent furth of the realme, and without my know- ledge,) Regent to his Grace, realme, and lieges : and whill my re- turning, or in cace of my deceasse, or not-acceptatioun, made and constitute diverse others noblemen Regents ; as her severall com- missions to that effect, subscrived with her hand, and under the privie scale, beare ; and that voluntarilie, no compulsioun, violence, or force used or practised to move her therto. According to which dimissioun and resignatioun, the king, now our soverane lord, was duelie, rightlie, and orderlie crowned, invested, and possessed in the kingdome ; and I, the said Erie of Murrey, lawfullie placed, en- tered, and admitted, to the said office of Regencie, was not onlie receaved and universallie obeyed over the whole realme, as lawfull and sufficient, even by the most part of these, that in these six moneths last bypast have withdrawin their debtfull obedience from his Grace's authoritie, and interprised to establishe and sett up another ; but also, in a lawfull, free, and plaine parliament, wherat they were present, the same coronatioun and acceptatioun of the Regencie were, by perpetuaU laAves made, and publict acts sett furth, decerned to be laAvfullie, sufficientlie, and righteouslie done ; as also other things intended, spokin, writtin, or done by anie of them to that eifect, since the 10th day of Februar, 156G, upon which day the said umquhile King Henrie, then the queen's law- full husband, was murthered, unto the date of the said act, and in 438 calderwood's iiistorie 15()8. all time to come, tuiching the said queene, and deteaning of her person, that caus, and all things depending thereon, the intromis- sioun or dispouning upon her propertie, casualteis, or whatsomever things perteaning, or that in anie wise might apperteane to her ; like as at more lenth is conteaned in the acts, lawes, and constitu- tions concluded, made, and sett furth in the said parliament. " Wliich acts and lawes, with our soveran lord's authoritie, and the regiment of me, the said Erie of Murrey, were universallie obeyed over all the realme without contradictioun-, whill some of the nobilitie and others that, in the said parliament, by free votes, and otherwise by their hand-writtings, had acknowledged and ad- vanced the king's authoritie, and regiment established in his name, impatient to see the poore people of the realme injoy quietnesse and good ease, and disdaining to see justice proceed as it was be- gunne, and likelie to have continued, to the punishment of manie offenders over the whole countrie, according to the lawes ; first practised to bring the said queene out of Lochlevin, contrarie to the acts made in the parliament.; and then by open force to de- stroy and subvert the publict governement and authoritie of our so- vei'ane, established by the estats, against their promised obedience and hand-writtings ; and for that purj)ose, proceeded in all kinde of hostilitie, wliillupon the 13th day of May last bypast, that God, respecting the equitie of the caus, confounded their interprise, and granted the victorie to the king, and suche as constantlie continued in his obedience. That, since that time, they have persevered in their rebellioun, abstracting their debtfldl obedience from our sove- ran lord, and his authoritie, practising all kinde of things that may subvert and overthrow the same, in holding of houses, proclaming of other authoritie, running to the feilds in warlike maner with dis- pleyed baners, taking and imprisoning of officers of armes, and other free persons, raising of impositions of burrowes, and, under pretence of law, summouning of houses, banishing and rigorouslie persuing of diverse the king's good subjects, for no other caus but onlie the serving of the king, their native soveran lord. It is there- fore required, in his Highnesse' behalfe, that he, and his regent in 1568. OF THE KIllK OF SCOTLAND. 439 his Higlinesse' behalf e, may peaceablie injoy and governe his reahne, according to God his calling ; and his Majestie's disobedient subjects may be caused recognosce their debtfull obedience, and what tlie order of justice condemneth may receave full executioun. Pro- testing alwise, that notwithstanding this our answere, we may adde to the same, as occasioun sail serve, and as need may require." — Et sic subsc7'ibitur, " James, Regent. Dumfermline. Ad. Orcaden. Patrik Lindsay." Upon Saturday the 16th day of October, our queen's commissioners exhibited before the English commissioners a reply and true decla- ratioun, answering the alledgances made by the Erie of Murrey and his adherents, the tenor wherof followeth : — " Wheras, in the answere presented to your Grace, and others the commissioners of the queen's Majestic of England, to the com- plaint givin in by us in our soveran's name, declaring thereby, that our soveran's umquhile late husband was murthered, &c. Her Highnesse, we, and others her true subjects, doe most sorrowfuUie lament that tragedie, minding, with the advice and counsell of the queen's Majestic of this realme, most rigorouslie to punishe the same : and, if her Grace had not beene troubled in her authoritie, the same would have tane effect ere now. And, becaus in the said answere they alledge our said soverane voluntarilie, uncompelled, to have resigned and committed the governement of her realme and lieges to her sonne the prince, and constituted James Erie of Mur- rey regent during his minoritie ; with other invented clauses, to her Highnesse' dishonour and disadvantage : First, adhering to our former prdtestatioun, that our said soverane being a free princesse, with an imperial! crowne granted her by God, acknowledgeth no superiour on earth', and therefore may not be content that her Ma- jestie's estate and crowne come in questioun before anie judge, yitt, neverthelesse, for declaring of the truthe and veritie to the queen's Majestic of this realme, your Grace, and my lords commissioners. 440 oalderwood's historie 1568. of suche things alledged by them against our soverane, we doe re- ply as followeth : " That where it is alleged, that the complices of the Erie of Mur- rey took occasioun to putt themselves in armes against the queen's Highnesse, their soverane, because James Erie Bothwell being in such credite and authoritie with his soverane ; being knowne (as they affirme) the cheefe author of the horrible murther committed on her said husband, &c. Which can on no Avise excuse their un- naturall and disobedient fact, for their part. For, if he was prin- cipall author of the murther, the same was never knowne, nor ma- nifested to her Highnesse : But the contrare did weill appearc to her Majestic, by reasoun the said Erie Bothwell being suspected, indyted, and orderlie summouned by the lawes of that realme, was acquitt by an assise of his peeres, and the same notified and con- firmed by act of parliament, by the greatest part of the nobilitie, als Weill of the principalis which now withdraw themselves sensyne frome the queen's Majestic their soveran's obedience, as others her faithfull subjects, who also consented and solicited our said sove- rane to accomplishe the said manage with him, as a man most fitt in the realme of Scotland : in so doing, promising him service, and her Highnesse loyall obedience. And manie of themselves gave their bands unto him, to defend him against all these whatsomever might challenge or pcrsue him therafter for the said crime, as their hand writts can testifie. And further, they, nor none of them be- for the mariage, or after, came to her Highnesse, (as the part of true subjects sould have done ;) knowing at that time, (as they affirme the contrare,) ather privatlie or opcnlie, to find fault with the said erle concerning the murther forsaid ; or yitt, in anie wise seemed to greeve or disallow the said mariage, unto suche time they had practised the keeper of the castell of Edinburgh, and proveist of the toun, to be their assisters ; and they secreetlie tooke armes, and, upon suddane in the night, with their forces invironed the castell of Borthwicke, where her Majestic was in quiett and peaceable maner : so that their first warning was by sound of trumpet, and their sight in armes. And her Grace escaping to Diunbar, wherethrough they 1568. OF THE KIRK OF SCOTLAJSTD. 441 could not atteane to their conspired purpose, returned suddanelie to Edinburgh, raised their bands of men of warre, sett out their proclamatiouns, affirming the same to be for her releefe, unbesett her way betwixt her Grace's castells of Dumbar and Edinburgh. " And her Majestic willing, for the tender love her Highnesse bare her subjects, to stanche all effiisioun of blood among them, did not preferre the impunitie of the Erie Bothwell to her owne honour, in seing him convoyed away, as in their answere is conteaned. For they, being in the feilds in arrayed battell against her Majestic, sent the Laird of Grange to her Highnesse, and desired her Grace to caus the Erie Bothwell passe off the feilds, alledging him sus- pected of the said crime, untill the time the caus might be tried ; and that her Grace would passe with them, and use the counsell of her nobilitie, and they sould honour, serve, and obey her Majestie as their princesse and soverane. And upon their promises, for eshewing of bloodshed, as said is, her Majestie consented thereto, and passed with the said Laird of Grange to them ; who at the samine time tooke the Erie Bothwell by the hand, and bade him depart, promising, that no man sould follow nor persue him : and so, by their owne consent, he past away. And, if they had beene minded to persue him onlie, they woidd not have left the doing of all diligence was possible, wherethrough he might have beene tane. But fra they had gottin her Majestie's persoun in their hands, they made no more travell nor persute against him, so long as he was in the countrie neere them, where he remained a great space, and might [have] apprehended him more easilie ; nor when long time, he being furth of the realme, and unrecoverable, made a coloured maner of seeking him upon the sea, as now appeares manifest it was not him they sought, but their owne particular profite. Wlierethrough, to all men of whole judgement, it may appeare her Grace prefered not his escaping and impunitie to her owne honour : for whatsoever was last done in that behalfe, it may be justlie layed to their owne charge. And therafter, at her first comming to them on the feilds, the Erie of Morton said to her Majestie, with great reverence, ' Ma- dame, heere is the place your Grace sould be in ; and we will honour, 442 calderwood's historie 1568. serve, and obey you, as ever the nobilitie of this realme did anie of" your progenitors before, in their names.' Her Majestie passing with them to Edinburgh, being loodged in a simple bm-gesse's hous, setting aside her owne palaces and casteUs, rudelie and rigorouslie intreated by them, it was no wounder, incace her Majestie had givin them quicke and sharpe answeres, (as we beleeve not imrea- sonable,) but was alwise content, tuiching the thing alledged by them, to offer the same to be reformed by the triell of the whole nobilitie, her Grace being present, and heard : And to that effect directed her secretare, Lethington, to their counsell, that held her captive at that time, and was alluterlie refused therof ; and made no offer to leave the realme that her Grace might possesse the Erie Bothwell, as they alledge. And, therefore, her Grace was se- creitlie convoyed per force, and against her will, in the night, and imprissouned within the fortalice of Locldevin. " Where they alledge, her Grace, finding herself irkesome, and wearie of the govemement of her realme, and lieges thereof, for which, and other consideratiouns moving, her Majestie dimitted the same in favours of the prince, her sonne, constituting the said Erie of Murrey his regent during his minoritie, willinglie, and un- compelled therto ; it is manifest the truthe to be otherwise, as evi- dentlie may appeare by many sundrie and infaUible reasouns. For, first, her Majestie is not of suche age, nor subject to maladeis and sicknesse, (thankes to God,) nor so unable of her persoun for to refuse that which God had givin to her Highnesse to rule. And it is certane, that before the subscriving of the alledged dimissioun, that the Erie of Atholl, the Lairds of Tullibardin and Lethington, the principalis of her counsell, sent Robert Melvill to her High- nesse with a ring, and tokins, counselling her Highnesse to sub- scrive suche writtings as would be presented to her Grace for di- missioun of her crowne, for to putt off that present death which was prepared for her Highnesse if she refused the same ; assuring herj whatsomever her Majestie did in captivitie, might not pre- judge her Highnesse in no sort. And, also, the said Robert Mel- vill brought at that same time a writting from Sir Nicolas Throf?- 1568. OF THE KIRK OF SCOTLAND. ■ 443 morton, writtin with his owne hand, desiring her Highnesse to subscrive whatsoever they would require her unto ; for the estate wherin her Grace Avas then could not prejudge her Grace, what- ever her Majestic subscrived. To whom her Grace sent answere in writt, that her Highnesse would use his counsell ; and prayed him to declare to her deerest sister, the queen's Majestic of Eng- land, his mastresse, how her Highnesse was handled by her sub- jects, and Avhat estate lier Grace was in for the time. Sir Nicolas shew the same to the queen's Majestic of this realme, her High- nesse being at that time minded to send an armie in Scotland, for delivering our soverane furth of prisoun, were not her Majestic was surelie advertised, incace her Highnesse had so done, the blood of our mastresse had payed the wages of her Grace's souldiours. Anent the presenting of the saids writtings of dimissioun of her crowne to her Majestic by the Lord Lindsay, he minassed her Grace, that if she would not subscrive, he had command presentlie to putt her in the towre, and would doe the same ; and counselled her Grace to fulfill their desires, or elles worse would follow short- lie : which her Highnesse subscrived with manie teares, never looking what was conteaned in the writtings ; declaring plainlie therafter, if her Grace ever came to libertie, she would never abide thereat, becaus it was against her will. And als, the Laird of Lochlevin, behig then her keeper, would not come present, and desired a writting of her Highnesse, to testifie he was not present the time of her subscriptioun, becaus he knew the same to be done against her will, and that the samine sould not be imputed to him in times coming : which writting he obteaned. And if probable appearance sould have place, her Grace's conditioun had beene verie strait and miserable in the said dimissioun, wherin nather her Highnesse had reserved anie portioun of her revenue wheron to have lived, nor obteaned thereby her libertie, nor yitt sure pro- mise nor assurance of the safctle of her life. Which premises being considered, our said soveran hath no wise prejudged her title and estate in the said forced dimissioun, which nather law of God nor man doeth approve. For at her furth-comming of the said pri- 444 calderwood's historie 1568. soun, in presence of a great part of her Higlinesse' nobilitie in Hammiltoun, she revoked the said pretended dimissioun of the crowne, and all that followed therupon, affirming that same, by a solemne oath, to have beene done for feare of her life. " The pretended coronatioim of her Highnesse' sonne, in respect of the premises als weill unduelie as unorderlie led, can prejudge her Majestic no wise. For where, in that rcalme there are moe cries, bishops, and lords, having vote in parhament nor an hundreth, of the which the whole, or at least the greatest part, soidd have consented thereto, and to all other publict actiouns of consequence, were onHe foure cries, of whom the most honorable hath not the seventh or eight place in parliament among the cries, or the first of twentie votes among the whole estats ; six lords onlie, who were all at her Grace's taking, together with one bishop, and two or three abbots and pryors ; which could be no sufficient number to determine and conclude so weightie a cans : protcstatiouns being openlie made, whatsomever was done at the said coronatioun con- trarie her Majestie's estat royall, her persoun, or yitt in effirming a regent, sould not in anie wise prejudge her Majestie's self, nor her estat royall, nor yitt the necrest lawfullie descended of her Ma- jestie's progenitors' blood. Kings and Queens of Scotland ; becaus her Grace had beene long time bygane, and at that time, straitlie and rigorouslie keeped within the fortalice of Lochlevin, where none of her faithfull subjects, nor the King of France his ambas- sador, being present for the time, nor the Queene of England's, that came therafter to that effect, might have free acccsse to her Highnesse, to knoAV whether the said dimissioun was willinglie done or not by her Majestic ; as authentick instruments, in pre- sence of the forsaids number of the nobihtie there present takin, will report. For if her Grace had willinglie dimitted the samine, (as her Highnesse did not,) her Grace could not have nominated the said Erie of Murrey regent ; for there were others to have beene preferred to him, who Averc more lawfull, and had more right thereto, and worthilie used the governement of that rcalme in our sovcran's minoritie. AVhercthrough the said pretended corona- 15G8. OF THE KIRK OF SCOTLAND. 445 tloiin, the alledgccl investing-, and wrongous electioun of the said regent, nor the effirming thcrof by pretended parliament, was na- ther duelie, rightlie, nor orderlie done, (as in their answere they affirme,) nor yitt obeyed nniversallie within the whole realme ; be- caus a great part of the nobilitie, and speciallie of the most princi- palis, never obeyed, voted, nor subscrived with them, but ever en- rolled, and held their compts in the queen's Majestie their sove- ran's name. And others who did compeere in the said pretended parliament tooke instruments and protestatiouns, both in articles, and at the voting time of the parliament, that they consented not to anie hurt of the queen's Majestie's persoun, estat royall, nor crowne, farther than her Higlmesse would approve herself, being at libertie ; nor yitt would vote in anie thing concerning her Grace's honour or life ; but plainlie oppouned themselves in the contrare, howbcit they have caused insert otherwise in their pretended Acts, and will suffer their clerks in no wise to give the saids protesta- tiouns. " And where it is alledgcd, that certan of the nobilitie, favourers of the queen's Majestie, their soverane, were impatient to see the poore people injoy quietnesse, and disdaining to see justice to pro- ceed to the punishment of offenders over the whole realme ; by the contrare, the eternall God knoweth, and men on earth doe tes- tifie, what murther and bloodslied, what thift and reafe, what de- structioun of policeis, in casting doun of cathedrall kirks and true barons' houses, and taking up true men's goods to satisfie their souldiers, have beene committed since the publict coronatioun, and usurped authoritie or regiment ; as by the particulars will appeare, when they sail be givin in, the like wherof in chronickle hath never beene heard, scene, nor writtin, thir manie hundreth yeeres. And, as to the last alledged offences committed by our said soveran's lieges, true subjects, in withdrawing them from the said pretended authoritie, in holding of houses, comming to the feilds in warlike maner, taking and imprisoning of officers, making proclamations against their authoritie ; Ave affirme the same, so farre as it was by the comraandcment of our soveran Ladie in executioun of justice, to 446 CALDERW001>'S HISTORIE 15QH. be most justlie, duelie, and orderlie done, as they that had lawflill power and authoritie of her Highnesse granted thereto. And who- soever have done anie suche acts, not authorized by her Majestic, we affirme the same most wrongouslie and unjusthe done. " It is therefore required, in her Highnesse' behalfe, that her Grace may be fortified and supported by the queen's Highnesse of England, to peaceablie injoy and governe her reahne and lieges therof, according to it that God hath called her Grace unto ; and their usurped and pretended authoritie to be null from the begin- ning, and all that followed therupon ; and that the wrongs com- mitted by them, as weill toward her Highnesse' self, as other her faithfull and obedient subjects, may be repaired, according to all equitie and reasoun, that no farder trouble ensue therupon : Alwise protesting to adde to thir premises, as time and need sail require." The complaint, answere, and reply, I have extracted out of the Bishop of Rosse his memorialls, left in writt. The complaint and reply are in some parts probable ; for it may be, the queene di- mitted not willinglie her authoritie. Yitt seing she deserved a gTcater punishment in the judgement of manie, the pretences of dimissioun were devised where no need was. As for the rest, the preceeding narratioun, drawin out of Buchanan, and other manu- scripts, may fumishe a sufficient rejoynder to the reply. Loath was the regent and the other commissioners to discover the whole truthe, they were so carefiill to absteane from discrediting her too farre. Upon Tuisday, the 19th of October, the English commissioners declared, that it was the Queene of England's will that the com- missioners for both parteis sould send two of their coUegues to Londoun, to her Majestic, within eight dayes ; and that the con- ference begunne at Yorke sould ceasse till the returning of the commissioners. The commissioners for the queen of Scots went from Yorke to Bolton, and upon Thursday the 21st of October communicated the mater with their mastresse. With her advice, Johne Lord Hereis and Johne Bishop of Rosse were sent. The 1568. OF THE KIRK OF SCOTLAND. 447 Erie of Murrey sent William Matlane of Lethington, younger, and Mr James Makgill of Kankcillour. The regent sent Mr James Makgill with him, not so muche to assist him, as to watche over liim, and to espie what would be his cariage ; for the secretar was greatlie suspected before he came to England ; and since he came the suspicioun was augmented. For never a night passed almost so long as they remained at Yorke, wherin he had not se- creetlie communicatioun with our queen's cheefe commissioners, and forewarned them what the regent intended to doe. Yitt would not the regent seeme to take notice of his privie traffiquing, becaus there was no hope of anie ingenuitie in him, but rather feare, that he Avould deale more closelie after. He went out to the feilds, under pretence of hunting with the Duke of Norfolke, but in effect, it was to consult how to dresse that present bussinesse. It was concluded, as most expedient, to draw in lenth, so that na- ther the cans sould seeme to be deserted, nor yitt an end putt to the controversie. The secretar informeth the Bishop of Rosse, that he may advertise the queen what course was most expedient, and not to cast off all hope for protracting of time. The end of this device was, that the regent being wearied, might retume, without perfyting his bussinesse ; or troubles arising at home might recall him. The Bishop of Eosse his missive to the queene tossed from hand to hand, came at last to the regent's hands, whereby, yitt farther, Lethington his perfidie was discovered. The Lord Hereis and the Bishop of Eosse compeered before the Queene of England, accompaneid with her nobilitie, in her great chamber of presence, at Hampton Court, the last of October. They presented their mastresse her letter, wherin she declared, that she had sent them to await upon her pleasure and commande- ment. They desired to know her will and pleasure. Her Majes- tic answered, after long communing, that she would declare the cans moving her to send for them by some of her counseU, who soidd come and conferre with them. Lethington and Mr James Makgill went to the queen upon Moonday, the first of November. 448 calderwood's historte 1568. Her Higlmesse did signifie likewise to them, that she sould cans them be certified, by her counsell, of her minde and will. Upon Tuisday, the 2d of November, Sir William Cecil, Principal! Se- cretar, and Sir Rawfe Sadler, two of her Higlmesse' Privie Coun- sell, sent from the queene, came to Kingstone, and declared to the Bishop of Rosse and Lord Hereis, there remaining, that her High- nesse thought meete, that the causes of her sister, the Queen of Scotland, sould be treated neere by to her self, where the commis- sioners might have conference with her Highnesse, and her advice in all their proceedings. They desired, to that effect, they would obteane a new commissioun, in the same forme as they had at the conference at Yorke, changing onlie the place and the number of commissioners, and to send for a greater number of their collegues. A new commissioun was formed, conforaie to the other. The Lord Boyd and the Commendatar of Kilwinning were sent from our queene, to be joyned with the Bishop of Rosse and Lord Hereis. Sir Rawfe Sadler was sent to Kingstoun, upon the 2 2d of Novem- ber, to declare to them, that it was her Highnesse' pleasure to have her Highnesse' commissioners sitt at Westminster, beside the citie of Londoun, and that the conference beginne on Thursday nixt. The commissioners for our queene went to Hampton Court ; and upon Tuisday, the 23d of November, declared unto the queene, that they understood Westminster to be a judiciall place, w^iere causes criminall and civill are to be treated ; and therefore might be preju- dicial! to their soverane to enter in anie judiciall j)lace. And sic- lyke desired, that since the Erie of Murrey, the principall of her disobedient subjects, and other his adherents, had gottin alreadie presence of her Majestic, and admitted to speeke of their soverane as they pleased, that, therefore, her Majestic would grant to their soverane, to come in proper persoun to the presence of her High- nesse and nobilitie, to declare her owne innocencie. The regent was come before this time to Londoun, with a small traine, for he had sent backe a great number of his companie from Yorke. The Queene of England answered, the place sould be a chamber, wliere 4 1508. OF TFTE KIV.K OF SCOTLAXD. 449 never yitt judgement was holclin. But as to their soveran's pre- sence, she could not goodhe admitt the same, untill her causes were tried and ended. Johne Lord Hereis, Robert Lord Boyd, Johne Bishop of liosse, and Gawin, Commendatare of Kilwinning, compeered upon Tuis- day, the 25th of November, at Westminster, in the utter chamber, beside the Parliament Hous, before the Duke of Norfolke, the Erie of Sussex, the Erie of Leicester, Sir Nicolas Bacon, Keeper of the Great Scale, Edward Lord Clinton, Admirall, Sir William Cicill, Principall Secretar, and Sir Rawfe Sadler, her Highnesse' counsellers and commissioners. The English commissioners produced and read their commissioun. After the reading of the said commissioun, the Lord Keeper desired the commissioners for the Queen of Scotland to exhibite and produce their commissioun, to the effect they might enter in conference. It was answered, they would gladlie produce the same ; but ere they Avould enter in anie conference, they would declare and propone some things necessarilie required to give light, together with some protestations. The summe of the commis- sion was, that she had constituted Robert Lord Boyd, John Bishop of Rosse, &c., her commissioners, to treate and conclude upon suche heeds as sail be found best for the furth-setting of God's glorie, the reductioun of her disobedient subjects to their debtfull obedience ; for good amitie, by tie, betwixt them and her obedient subjects, and to treat upon all maters and causes in controversie betwixt her and her subjects ; alwise so, that it doe not tuiche her title to the crowne. Farther, to treate betwixt the peace to be made betwixt her and her deerest sister, and the two realmes. The Bishop of Rosse, in presence of the English commissioners at Westminster, the 25th of November, proponed, in name of the rest of his col- legues, that they were come to declare and lament the unjust deal- ing of certane disobedient subjects against their mastresse, whom she had of her liberalitie promoved to high honours and profites. But they, upon their former evill deservings, fearing her Grace would revocke and withdraw her liberalitie and patrimonie which they possesse, have takin upon them to putt hands in her most no- VOL. II. 2 F 450 calderwood's historie 1568. ble person, imprison her, and corrupted the keepers of her casteU, Avho treasonablie delivered to them her Jewells, pose, and mimitions, and have usurped her supreme authoritie ; and to colour their wicked proceedings, have slaundered her honour : That their un- dutifuU proceedings caused her to come to this realme, to desire of the queen's Majestic, her deerest sister, her support, that she may peaceablie injoy her owne realme, and that her rebellious subjects may recognosce their debtfull obedience : That their mastresse had desisted frome seeking support from anie other princes, upon the confidence she had in her, and the promises of freindship past be- twixt them in former times : That the queen's Majestic of England thought best their soveran's caus sould be sett fordward, by con- ference and appointment to be givin to her disobedient subjects, rather nor by force of amies : That therupon, they were appointed commissioners by their mastresse, and were readie to enter in con- ference conforme to their commission, providing, and solemnelie protesting, they nather enter in judiciail place, nor are to proceed in anie maner of Avay in forme of judgement, or before anie judge or judges, but as commissioners of a free princesse, with their Honours as commissioners to the queen's Majestic of England, in forme of treatie allanerlie. They presented the protestatioun sub- scrived with her hands, and desired the samine to be receaved and admitted, before they enter in anie further conference. The pro- testatioun was read and admitted, with this protestatioun for an- SAvere : — " We, the commissioners of the Queen's Majestic of England, doe not meane to proceed judiciallie as judges, or in judiciail place, but as commissioners, according to our commissioun, ahvise adher- ing to the protestatioun made by certane of us, her Majestie's com- missioners at Yorke. Sic suhscribitur, " S. N. Bacon. E. Clinton. . Norfolk. M. Cicill. Sussex. R. Sadler." R. Leicester. 15G8. OF THE KIRK OF SCOTLAND. 451 Therafter, the Eiiglisli commissioners gave their oath to pro- ceed iiprightlie in this conference, after the same tenor as was givin by the commissioners at Yorke. The commissioners for our queene siclyke gave their oath, under protestatioun, as at Yorke, and ther- after presented the complaint and reply, givin in and exhibited at Yorke. It rested therefore to the Erie of Murrey and his collegues to mak answere or farther eeke or augmentatioun to their former alledgances, if they thought good. The regent, after he came from Yorke, refused to answere, or de- tect anie farther than he had done at Yorke, unlesse the Queen of England would grant to protect the young king, incace he proved cleerelie that she was worthilie displaced. In the meane time, our queene, by Sir James Balfour, preassed to trouble the countrie at home. She writteth to Bothwel's freinds, and otlier rebells, to vexe the other partie as they might ; createth lieutenants in sindrie parts of the kingdome ; causcth rumors to be spread, that the regent and the cheefe of his companie were committed to the Towre of Lou- doun. Becaus this report would sooue vanishe, another was de- vised, to witt, that the regent promised to make Scotland tributarie to England, and to deliver some castells, and the young king him- self, in pledge. The regent, perceaving himself thus besett with difficulteis, resolved to dispatche his bussinesse the best maner he could. He craveth to be dismissed. The commissioners still urge him to declare the causes wherupon the proceedings of the nobi- litie and parliament were grounded, otherwise they could not de- termine. Wherupon the Erie of Murrey and his collegues exhi- bited and presented an eeke to their answere givin at Yorke, together with a protestatioun made at the exhibiting of the said eeke. THE EEKE GIVIN IN BY THE HEGENT AND HIS COLLEGUES TO THE ANSWERE PRESENTED BY THEM AT YORKE. "Whereas in our former answere, upon good respects men- tiouned in our protestatioun, we keeped backe the cheefest causes 452 calderwood's historie ] 5G8. and grounds wherupon our actions and whole proceedings were founded ; wherewithal!, seing our adversareis will not content them- selves, but by their obstinat and earnest preassing we are com- pelled, for justifeing of our cans, to manifest the naked tiiithe, it is certane, and we boldlie and constantlie affimie, that as James, sometime Erie Bothwell, was the cheefe executer of the horrible and unworthie murther perpetrated upon the person of umquhile King Henrie, of good memorie, father to our soverane lord, and the queen's lawful husband, so was she of the foreknowledge, coun- sell, device, perswader, and commander of the said murther to be done, maintenar and fortifier of the executers therof, by impeding and stopping of the inquisitioun and punish ement due for the same, according to the lawes of the realme ; and, consequentlie, by mariage with the said James Erie Bothwell, delated and universallie esteemed cheefe author of the above-named murther, wherethrough they begaime to use and exerce an uncouth and cruell tyrannic in the whole state of the commounAvealth ; and with the first (as weill appeared by their proceedings) intended to cans the innocent prince, now our soverane lord, shortlie to follow his father, and so to transferre the crowne fi'ome the right lyne to a bloodie murtherer and godlesse tyranne. In which respects, the estats of the realme of Scotland, finding her imworthie to raigne, decerned the dimis- sioun of the crowne, with the coronatioun of om' soverane lord, and establishing of the regiment of that realme in the person of me, the said Erie of Murrey, during his Highnesse' minoritie, to be law- fullie, sufficientlie, and righteouslie done ; as in the acts and lawes, made therupon, more largelie is conteaned." Subscribed thus, " James Regent. Dumfennline. Mortoun. Patrik Lindsay." Ad. Oread. 1508. OF THE KIRK OF SCOTLAND. 453 THE PROTESTATION MADE BY THE REGENT AND HIS COLLEGUES, AT THE PRESENTING OF THE EEKE FORESAID. " Albeit our whole proceedings, frome the beginning of our in- terprise, directed onlie for punishment of the king's murther, and by just executioun therof, to drive the slander of that abominable fact frome the whole natioun upon the heads of a few, according to their deserts, may serve for a sufficient testimonie to the world how unwilling we have alwise beene to staine the king our soveran lord's mother's honour, or to publishe to strangers maters tending to her perpetuall infamie, yitt sail it not be anaisse, upon this pre- sent occasioun, to tuiche breeflie what hath beene and yitt is our meaning therin. Suche was our devotioun toward her, als weill for privat affectioun, whereby everie one of us was led to wishe her weale, as also for publict respects, that rather ere we would spott her honestie with the societie of that detestable mm'ther, we were content to winke at the shrewd reports of the world, who not being privie to the ground wherupon our actions were founded, and so for laike of informatioun misconstruing our doings, blazened us as tratours and rebels to our native prince, in whose persoun we had putt hand without anie deserving. It had beene easie for us to have wiped away these and the like objections with a few words, if Ave would have uttered mater which we keeped in store for the latter cast. But so desirous were we to cover that shame, tliat we were . content to beare a part of her burthein, suffering the world still to live in doubt of the justice of our querell, and consequentlie to speeke everie one as their affectiouns were inclynned ; so farre furth, that when we were preassed by the queen's Majestic of Eng- land and King of France their ambassaders, why we deteaned the queene in Lochlevin, we never came furth for answere to them, but onlie, that her affectioun was so excessive toward Bothwell, cheefe author and executer of the murther, that she being at libertie, it would not be possible to punishe him ; and, therefore, it behoved us for a seasoun to sequestrat her persoun, till he might be appre- 454 calderwood's iiistorie 1568. hended. In what danger this dealing was like to cast us is more than evident ; whereas, we could looke for nothing but plaine hos- tilitie frome France, and the Queen's Majestic of England's mindc was cleere alienated frome us, for laike of due informatioun ; and by reasoun of our silence keeping backe the cheefe cans of our motioun, which being hid frome her cares, and not uttered to the world, it was feared she would call the justice of our caus in doubt. And so, if she should disallow of our doings, we were left destituted of her Majestie's aide, at whose hand we principallie looked to re- ceave confort in all times of danger, being the prince of Christen- dome who hath greatest interest to persecute the punishement of that murther, in so farre as the king in whose persoun it was per- petrated had that honour to be so neere of her Majestie's blood ; beside that, that he was borne her subject, Avhereby, by God's or- dinance, she is bound to crave his blood out of the hands of the murtherers. In the same moderatioun we could still be content to conteane our selves, if the continuance of Scotland in the state of a kingdome, and the professioun of the true religioun, would permitt it. For we remember what persoun she is whom this mater cheefelic tuiched ; the mother of the king, our soverane ; and to whom, in par- ticular, the most part of us are bound, for benefites rcceaved at her hand ; and therefore cannot but privatlic beare her good will ; yea, so farre, that if the perpetuall exile of anie one of us, or yitt of a num- ber, furth of our native countrie, might redeeme Iter honour, with- out danger of the king our soveran's persoun and whole estate, we would willinglie banishe ourselves to that end. And, therefore, be- fore we enter furth into the ground of this mater, which to this houre we have fled, we protest solemnlie that avc have no delite to see her dishonoured, and that we come not willinglie to her ac- cusatioun of so odious a crime ; but that we are thereto inforced by her owne pressing, and our adversarels, who will not content themselves with our former answere, which they know to be true ; but, for defence of our owne just caus, compelleth us to utter that most odious mater ; protesting also, that whatsoever shall folloAV therupon be not imputed to us heerafter, but rather to our said ad- 1568. OF THE KIRK OF SCOTLAND. 455 versareis, in whose default her shame sail be disclosed. Whereby they sufficientlie declare how little they care what become of her, howsoever they give themselves out to the world to be of her partie, for pressing us to come to that answere, which they know we have just cans to make, and will make, in the end. And so, to produce suche evidents as they knoAv we have, it is indirectlie to preasse earnestlie her perpetuall infamie, wherof, as of before, we protest that they, and not us, be esteemed the cheefe procurers, etc. At Westminster, the 26th of November 1568." Subscrived thus, " James Regent. Dumfermline. Mortoun. Patrik Lindsay." Ad. Oread. The Lord Hereis, after the presentatioun of this eeke, at the de- sire of the Bishop of Rosse was heard before the English commis- siouners at Westminster, the 1st of December. He with great vehemencie inveyghed against tlie Regent and his collegues, and their partakers at home. He alledged that they had slaundered his mastresse to excuse their owne treasons : that they were the first inventors, writters with their OAvne hand of that devilish band, the conspiracie of the slaughter of that innocent gentleman, Henrie Stewart, (so he called him,) late spous to our soverane, and presented it to their wicked confederat, James Erie of Bothweil : that after the slaughter of her secretare, in her owne Grace's presence, be- caus she v/ould have made a revocatioun of the patrimonie of the crowne bestowed upon some of them, they laboured to cutt her off: that it was not the punishement of the slaughter of her hus- band which moved them to this proud rebellioun, but the usurping of their sovcran's supreme authoritie, and to possesse themselves with her great riches. The Bishop of Rosse desired that the qucene, his soverane, might be admitted to the queen's presence, her nobilitie, and am- bassaders of forraine countreis, for their satisfactioun, and declara- tioun of her innoccncic. The commissioners for the queene Avent 456 CALDER\VOOI>'s IIISTORIE 1568. to Hampton Court, and presented a supplicatioun, tending to the same effect : that their soverane Ladie may be permitted to come in proper persoun before her Highnesse, her nobihtie, the ambas- saders of other countreis now resident within her realme ; and seing her rebells had takin upon them unjustlie and boldlie to accuse their native soverane, that they may be stayed and arrested, to answere upon suche haynous attemptats as sail be layed to their charge. The queene gave answere to their suppHcatioun upon the fourth day of December, in presence of a number of the Lords of her Privie Counsell. The summe of her answere was, that seing the commissiouners for the other partie had givin in an eeke or ad- ditioun to their former answere, it cannot weill stand with her hon- our, or their mastresse's, that the mater should be now takin up or appointed, and that she sould travell to come to her presence, till it be knowne how they will prove, and what they have for them to verifie their answere and additioun ; that she sould send for them and enquire, and tlierafter she Avould give them an answere. They urged that their soverane might be present before her Majestic, be- fore they were farther lieard, affirming, that they would neither accept nor give answere to whatsoever they would alledge, for im- probatioun in that behalfe, whill her Highnesse' self Avere admitted first to her Majestie's presence, becaus they had speciaU commande- ment to that effect. The Queene of England rej)lyed, she would not urge them to answere by their commissioun ; yitt she would heare the other partie, how they could prove what they had al- ledged, both for her owne satisfactioun and for their mastresse's Weill. The commissioners for our queene still urged that their mastresse might be heard, protesting, whatsoever was done tlier- after before her Highness' commissioners, sould not pi'ejudge their soveran in anie sort. Upon the 6th of December, they went to the commissioners at Westminster, signefeing to them, that according to the articles, in- structiouns, and commandement givin by their soverane Ladie, they had presented a petitioun to the queen's Highnesse. But seing they could not obteane a direct answere, but her Majestic declared 1568. OF THE KIRK OF SCOTLAND. 457 she would receave probatloun upon the eeke givin in by the other partie, and consider the same, before their soverane sould be heard, they still required all conference sould be stayed till she were heard ; and that her rebellious subjects sould not be heard to give in anie pretended probatioun, for proving of their additioun, till their soverane were present and heard : protesting, that incace their lordships proceed, whatsoever hath, or sail be done heerafter, sail not prejudge their mastresse' honour, persoun, crowne, nor estate ; and that for their owiie part, they dissolve and discharge this pre- sent conference, having speciall command thereto, by their sove- rane, in case forsaid. The Enghsh commissioners answered, they could not receave suche a declaratioun, becaus it conteaned some words different from the queen's Majestie's answere to their sup- plicatioun. Upon Tuesday, the 9th of December, the Bishop of Rosse and Lord Boyd past to Westminster, and presented before the commissioners another writting, bearing the supplicatioun, pe- titioun, protestatioun, dissolutioun, and discharge of the confer- ence, in the same forme, word by word, except there is left out in this last writting the words following : — " And that her Ma- jestic declareth she would receave their probatioun upon their said eeke, and consider the same, before our soverane sould be sent for to be heard." Upon Thursday, the 16th of December, the commissioners for the Queene of Scots, being desired by the Queene of England to come frome London to Hampton Court, to receave a direct and resolute answere to their supplicatioun, because the former was dilatorie, went to Hampton Court. The Queene, in presence of her counsel!, pronounced this answere as folloAveth : — THE TENOR OF THE QUEEN'S MAJESTIE's SUPPLICATION. Apud Hampton Court, 16 Decembris, 1568. The summe of her Majestie's answere to the Bishop of Eosse, the Lord Boyd, Lord Hereis, and the Abbot of Kilwinning, in the presence of the Lord Keeper of the Great Scale, the Duke of Nor- folke, the Marquesse of Northampton, the Erles of Sussex, Bed- 458 calderwood's historie 1568. ford, and Leicester, the Lord Clyntoun, Lord Admirall, and Lord Hawart, Lord Chamberlanc, Sir William Cicill, Knight, Principall Secretare, Sir RaAvfe Sadler, Knight, Chanceller of the Dutchie of Lancaster, and Sir Walter Myldraej, Knight, ChanceUer of the Exchecker, was, that where the requeist latelie exhibited to her Majestic consisted upon two points, the one, that the queene, their mastresse, might come to tlie presence of her Majestic, and there make answere to the maters wherewith she was charged ; the other, if that were not admitted, that they might be permitted to forbeare from anie farther conference heerin, her Majestic had at the same time answered, (as they weill know,) that she thought it more meete to have the said queen's subjects reproved for their audacious maner of accusatioun of the queene, their soverane, the samine being but generallie in words, than (as though the same were to have beene credited) to have had her come up to answere in per- soun. According to which answere, then so givin, her Majestic told them that she had caused the lords, her commissioners, furth- with to call the Erie of Murrey and his companie before them, and verie sharpelie to charge them for their so audacious proceedings, as being disloyall and contrare to the duetie of true and good sub- jects, and not to be suffered to passe unpunished. \Yherupon, the said erle and his collegues being accordingly reproved, answered, that none of them meant at anie time to have uttered anie thino- in reproofe of the queene ; but being directlie charged by their adver- sareis with suche great crimes, as they could not passe over with- out condemning themselves unjustlie : And, therefore, according to a protestatioun which they had before that time to that effect exhibited, and to avoide and quitt themselves of the same crime, they were unwillinglie forced, for their owne just defence, to pro- ceed as they have done ; and for maintenanee therof, they had pro- duced and shewed to the saids lords, her Majestie's commissioners, suche maters as are verie great, and appearand presumptions and arguments, to confirme the former commuun reports of the crimes imputed to the said queene. Of which maters, her Majestic, by the declaratioun of her commissioners, had also understanding, to 1568. OF THE KIRK OF SCOTLAND, 459 her great adinivntioun, and no small greefe, never looking to have heard of suche kinde of maters, and so manie against her. And. now, considering they were come againe to require a farther an- 8 were, her jMajestie said they sould have a resolute ansAvere, in this sort. Her Majestie would caus the same maters to be opened and discovered to her, if so that she Avould be content to agree to make direct answere thereto ; for so her Majestie thought it necessarie, and also wished it to be sufficient, as might acquitt and discharge her. For the maner Avherof, she said, she would propone to them three maner of wayes : The one was, for her to send some trustie and sufficient persoun, or moe, thereto authorized with her an- SAveres. The other was, for herself to give her answere to suche noble men as her Majestie Avould (if she so liked) send to her. And the last Avas, To appoint and authorize, ather these her late com- missioners, or anie other, to mak ansAvere before her Majestie's com- missioners. But as for her comming to her presence ; considering, at the first Avhen she came into this realme, her Majestie could not find it then agreeable to her honour, she being then de- famed onlie by commoun report both heere and. abx'oad, in most parts of Christendome, nuich lesse could she noAv thinke it ather meete or honorable to her to come to her presence, considering the multitude of maters and presumptlouns noAV latelie produced against her, suche as gave her Majestie to thinke of. And, there- fore, her Majestie required them to receave this her ansAvere, and to make report, by sending the samine to her, or otherwise, as they Avould, all or some of them to carie the same to her ; thinking it al- wayes verie nccessar for her to answere ; for otherAvise, Avhosoever sould advise her to forbeare making of answere, having so manie Avayes to doe the same, onlie because she might not come to her Majestie's presence, hoAvsoever they sould seeme and appeare to be good servants for her safetie, they sould rather be thought and judged (for some other respects) to betray her. And therewith her Majestie required them to consider Aveill, as her servants, of this tlmt slie said : for it cannot be Aveill takin in the Avorld for a reasonable, excuse, if she be innocent, (as her Majestie Avishcth her to be found,) to sufl'er herself to be made culpable of suche crimes, 4G0 calderavood's historie 1568. onlie for laike of comming to her Majestie's presence, and in no wise to cleere her self to the world by anie maner of answere. Nather could she find, how the queene more readilie sould procure her owne condemnatioun, than to refuse to mak ansM'ere. And so, with manie moe suche like words and speeches, uttered at gi'eat lenth, not heere remembred, her Majestie's earnest meaning did appeare, that she Avould gladelie the said queene might acquitt her self by some reasonable answere : And so ended. After this answere givin to their supplicatioun, the Bishop of Rosse, in name of the rest of the commissioners, his collegues, pro- pouned certan artickles to the queen's Majestic. First, he urged, as before, that unlesse theii' soveran were permitted to have her Highnesse' presence, their commissioun and instructiouns would permitt them to deale no farther in this conference, but to dissolve the samine, in cace forsaid, lyke as they had done amplie before. Nixt, eeing the proceedings are not conforme to their mastresse' meaning and expectatioun, so that, as it appeareth, their soverane sail not be restored hastilie to her owne estate, but also her true and faithfuU subjects sail be oppressed by usurpers, with her owne pose, Jewells, and strenths, it wiU please her Majestic not to be oft'ended, if their sovei*ane seeke the aide of other Christian princes. Thridlie, that these who so oft have beene remitted by their soveran for their so haynous crimes, can not be found able to be competent accusers ; and that they doubt not, when her Majestic hath Aveill considered the whole mater, her Plighnesse will not admitt suche an exemple prejudiciall to all princes. Fom'thlie, if her Majestic thinketh she can not goodlie restore their mastresse, by her Highnesse' aide and support, to her owne estat and realme, that at least her Maje&tie will permitt her to passe in her owne countrie, for maintenance of her faithfull subjects, day lie oppressed in her absence by usm'pers. Fyftlie, if her Majestic findeth not that good, to lett her passe to France where her do"svrie lyeth, that she may live a honorable life, according to her estate. They craved an answere in writt, for dis- charge of their duetie, conforme to their commissioun ; and that they may have her Highnesse' pasport to retire to their owne coun- trie, seing their mastresse' bussinesse taketh no effect. The queen ■ 1508. OF THE KIRK OF SCOTLAND. 461 answered, that she could not thinke them trustie servants nor coun- sellers to her good sister, or carefull of her honour, that would la- bour with her to appoint with her subjects, seing they have accused her of suche crimes. As for the other heeds, she could not give an- swere till she were certified by their mastresse, whether she would answere to suche things as were layed to her charge, by one of the three wayes conteaned in her Majestie's answere : And, to that effect, granted to them a passport to passe to Boltoun, to report her an- swere ; but would not be content that anie of them sould depart unto Scotland. The Lord Boyd and the Bishop of Kosse prepared themselves to depart fx^om Londoun ; but the Queen of England sent to them, and desired Lord Hereis and the Bishop of Rosse to returne to Hamptoun Court the 23d day of December. They re- turned, and the Lord Boyd departed from London the 22d day, with the queen's answere to his mastresse. Upon the 23d day, when they came to Hamptoun Court, the Duke of Norfolke, the Marquesse of Northampton, the Erie of Leicester, Lord Hawart, the Lord Chamberlane, and Mr Cicill, Secretarie, were appointed by the queen's Majestic to conferre with them. The duke's Grace declared unto them, that the Erie of Murrey had meaned to the queen's Majestic and counsell that it was come to his knowledge, that it sould be murmured and braited that he and his companie sould be guiltie of the raurther which they had layed to the queen's charge, and understood the same to proceed of them and their col- legues, and therefore enquired if anie of them would lay anie thing to the charge of the other partie. It was answered, that they had receaved writtings and instructions this day from their mastresse, dated at Boltoun, the 19th of December, wherin they had speciall command to lay the same to their charge ; and, confoi-me thereto, would accuse them in presence of the queen's Majestic and her counsell, and would answere to their alledged calumneis. Upon the 25th of December, the Lord Hereis, the Bishop of Rosse, and Abbot of Kilwinning, being admitted to the presence of the queen's Majestic and her counsell, produced their mastresse her speciall writtings and instructiouns sent unto them. 462 CALDEKWOOD's HISTORIK 15G8. THE TENOUR OF THE WRITTING PRESENTED, BEARING THE AN- SWERE TO THE EEKE OF THE QUEENE OF SCOTLAND'S REBELS FOR THE MURTHER. " Traist cousins and counsellers, we greete you weill. Since the copie yee sent unto iis of the unlawfull and false accusatioun pre- sented against us by some of our rebels, together with the declara- tiouns and protestatiouns made by you theron, before the Queen of England our good sister's commissioners, wherin yee have followed our intentioun and charge which we sent you by our former de- pesche. And, therefore, incace that the presence of om' good sister were refused us, we wrote to you, to shew her first the wrongs done to us ; and nixt, in publict, before the nobilitie, and ambassadors of uncouth princes : praying you thereanent, to continue in accom- plishing our said intentioun, which yee know; and referres to your wisdoms and judgements to amplifie the instructions which yee have of us. But, to the eifect our rebels may see that they have not closed our mouths, yee may offer to eeke to your reply that which the additioun deserveth made by the Erie of Murrey and his complices, to the pretended excuse and cloke of their Avicked ac- tiouns, falset, and disloyaltie. Providing that, if it by question come to the proofFes, indices, appearances, or suspiciouns, al- though there be no competence betwixt tratours and their naturall prince, the presence of our good sister be permitted to us, to de- clare the justice of our cans to her self and no other, not having consented the assemblie and conventioun of commissioners to other effect than to inform them of the veritie ; before our which good sister, the saids rebells have gottin the credite to come, accuse, and calumniat us. Moreover, that there be sufficient leasure givin us to answere and verifie their impostures and crimes which we have to lay to their charge, with respects which sould be keeped anent suche a queene as we are. In this meane time, that our rebells be not fortifeid, assisted, nor favoured against us, by anie of our good sister's ministers. Which are asked by us, Ijccaus we will not that 1568. OF THE KIRK OF SCOTJ.AKD. 463 our said good sister, nor no prince in the world, sail csteeme that we tliinke our reputatioun of so little value, to putt the same in the hands of anie living creature, so farre as we may perceave. And albeit that we lippin our person, life, and hazard of our estate to our good sister, we would be loath that she sould thlnke that we deserve not it that Ave hold deerest, which is our lionour, and is de- liberat to defend the samine our self, or, at the least, assist you therin, not doubting of your integreteis toward us ; and that yee have mater eneugh to confound the imprudencie of our tratoiirs, as Weill in this additioun as yee did in that which was past at Yorke. And if our good sister grant you this reasonable requeist in writt, wee thinke good, that having caused the commissioners know that yee have understood our intentioun, on that which hath beenc added by the Erie of Murrey and his complices, wherof ye had no instruc- tioun before, as of a thing so horrible, that nather yee nor we thought it sould have fallin in the thoght of the saids rebells, and that yee would not the samine sould ceasse, but answere ; which yee may dresse conforme to the points as after folloAveth : — ANSWERE TO THE EEKE PRESENTED BY THE ERLE OF MURREY AND HIS ADHERENTS. '' Forsameekle as the Erie of Murrey and his adherents, our re- bellious subjects, have eeked unto their pretended excuses produced by them, for colouring of their horrible crimes and oifences com- mitted against us, their soveran ladie and mastresse, in suche words : — ' That as the Erie of Both well hath beene principall executer of the murther committed in the person of umquhile Henrie Stuart, our husband, so we knew, concealed, devised, perswaded, and com- manded the said murther.' The answere which we thinke good be givin them in our name theron is, that in all times, when the Erie of Murrey and his complices have said, spokin, or writtin, that we knew, concealed, devised, perswaded, or commanded the said murther, they have falselie, tratorouslie, and mischantlie' ' Wickedly. 464 CALDERWOOD'S HISTORIE 1508. leed, imputing unto us maliciouslie the crime wherof they them- selves are autliors, inventers, doers, and some of them proper executers. And wherie they alleged that we impeshed ' and stopped inquisitioun and due punishement to be made of the said raurther, it is another calumnie, to the which having sufficientlie answered by the reply produced at Yorke, wherin they were stricken dumbe ; and likewise in that which they rehearse of our mariage with the Erie Both well, thinke not necessar theranent to make them far- ther answere, but to referre the said, (if they thinke good to con- sider,) that it was answered to them on both thir two points in the said reply. And as to that where they alledge we sould have beene occasioun to cans our sonne follow his father hastilie, they cover themselves theranent with a wett seek. And that calumnie sould suffice for proofe and inquisitioun of all the rest. For the naturall love of the mother toward her barne confoundeth them ; and the great thought that we ever had of our sonne sheweth how shamefuUie they are bold to sett furth, not onlie that which, con- forme to the malice and impietie of their hearts, they judge in . others by their owne proper affectioun, but of that wherof in their conscience they know the contrarie ; lyke as the words of Johne Matlane, Pryor of Coldinghame, who being in France a littill be- fore our imprisoning, boore witnesse in sindrie things, how they were deliberat to mak insurrectioun, and that he had letters of their sure purpose ; eeking therto, that howbeit they had no just occasioun to make the samine, yitt, at the least, there were three appearand pretexts to draw the people to their side. The first, that, making to understand, to deliver us frome the hands of the Erie Bothwell, who ravished us : The secund, to revenge our said husband's death : And the thrid, to preserve our sonne, whome they knew we had putt surelie in the Erie of Marr s hands. All the saids things, they said, were against the Erie Bothwell, and for the Aveale, rest, and suretie of me and my sonne, as they made the commoun people beleeve, by their publict proclamations. But their actiouns sensyne have declared the contrarie, and Johne ' Impeded. M 15(38. OF THE KIKK OF SCOTLAND. 465 Matlanc spake as weill-in formed : for to the veritie, this was but fained and false semblance that they did, to gett the Erie Bothwell, so that tliey desired onlie to obteane our persoun and usurpe our authoritie, as Avas sufficientlie declared by the said reply. And howbeit they beleeve yitt to dissemble the pernicious and cruell Tvill they have, als weill toward the barne as toward the mother, there is no man of judgement discovering the things bypast, but he may easilie perceave their hypocrisie ; liow they would fortifie themselves in our Sonne's name till that their tyrannic Avere better established, even as they have done after our good bountie and traist we had in them. They would have slaine the mother, and the barne both, when he was in her wombe, and did him wrong ere he was borne. Which act shcAveth manifestlie itself, by the crimes wherof they are culpable before God and man, and that they are falselie sett against our innocencie. Finallie, where they say, that the estats of our realme finding us unworthie to raigne, decerned our dimissioun of our crowne to our sonne, and establish- ing of the regiment of the realme in the persoun of the Erie of Murrey, it sail be answered therto, that the dimissioun which they caused mak was subscribed per force, wheron the said Erie of Murrey hath founded his regencie ; and declareth sufficientlie they proceeded not therein by way of parliament, but by vio- lence ; and sail content themselves, that by the said reply it was shewin them tli^ir pretended Assemblie of the Estats is illegi- tirae, against the lawes and statuts of the realme, and ancient observatioun therof, to which the greatest part of the nobilitie was against and opposite to the same. And heeron conclude, as yee did on your reply, requiring support frorae the Queene of England, our good sister, conforme to the promise of freindship betwixt her and us ; protesting to adde to this answere, as time, place, and need sail require. " And so committeth you to the protectioun of God Almightie. OfFBoltoun, the 19th of December, 1568. " Your good mastresse, (Subscribed) " Maeie, R." VOL. II. 2 G 466 calderwood's historie 1568. (And writtln thus on the backe :) " To our right tnist Cousins, Counsellers, and Commissioners, the Bishop of Eosse, Lord Hereis, and Abbot of Kilwinnmg." The eeke, together with the protestatloun made by the regent and his colleg-ues, after they came frome Yorke, the answere to their eeke, and their recriminatioun, I have extracted out of the Bishop of Rosse his memorialls, that the reader. tliinke not that I have de- fi-auded him of the informatioun of the other partie. Anie judi- cious reader may perceave a bold and bare recriminatioun without proofe' or evidences. Now, I will sett doun summarilie what Bu- chanan reporteth : — The regent being urged to declare the causes moving the nobi- litie to take armes, to committ to prisoun and depose the queene, and to purge himself of calumneis, declared the whole maner ; pro- duced the depositiouns of suche as were executed for the murther of the king ; the decreet and Act of Parliament, wherunto manie of his accusers and calumniators did subscrive ; and the silver cas- kett which the queene gave to Bothwell, wherin were conteaned her missives to Bothwell, writtin in Frenche, with her owne hand, and some love sonnets in Frenche, some secreets concerning the king's slaughter, the rapt after the murther, and three contracts of mariage : one before the murther, writtin with her owne hand ; the secund before the divorcement of Bothwell, writtin with Hunt- lie's hand ; the thrid, a little before the mariage, which was not con- cealed in the meane time. Buchanan could not be ignorant of these proceedings ather at home or in feild, when he was with the regent. As he was ingenuous and upright, not givin to avarice or bribes, so did he never repent afterward of anie thing he had writtin, in his booke intituled The Detectioun, but insert afterward the substance of it in his Historie, which was printed when he was neere his deatli. When these things were produced, and read before the English counsellers and commissioners, the whole mater was made so evi- dent, that there remained no doubt. And, indeid, we can find no- thing in the Bishop of Kosse his owne memorialls after this, but 1568. OF THE KIRK OF SCOTLAND. 467 fretting and fooming, and suche frivolous defences and impertinent harangs, as can give no satisfactioun to anie reader of anie meane judgement. The Bishop of Rosse tooke upon liim to answere, not as a commissioner, as he reporteth himself, but for his mastresse' honour, and informatioun of the Queene of England, in a letter presented to her Majestie. He alledgcd the presumptions al- ledged were not so vehement as the law doth require to convict anie privat persoun : that it could not be verifeid that the letters were writtin with her owne hand : that it was not likelie that her Majestie would hazard her estate or credite upon suche writts, or suche an abominable fact : that his mastresse affirmed that the let- ters were forged, and that sindrie could counterfoote her hand- writt : that it is not unlikelie that these who had putt hand in their prince, imprisouned her persoun, would not spaire to counter- foot her hand-writt : that they could not be lawfull accusers nor witnesses, being first accused of great crimes, as imprissoning of their prince, and suche other deeds as they are culpable of. And if they would preasse to vcrifie their cans by comparisoun of letters, that the same is no wise sufficient, cum de jure fallacissimnm sit genus prohandi, per conjurationem literarum : that writtings which are writtin in forme of missive letters or epistles make no faith, epo- eialiie where in the same no words depositive, or giving expresse commande, are conteaned, as in these may be scene ; and als that they are not subscrived by her, sealed, or signetted, no certane date of yeere, moneth, or day, sett doun. Thir were the frivolous defences made for the letters which were produced, which anie man reading the preceeding historic may easilie confute. The depositiouns of suche as were executed for the murther, the complices in the conspiracie, the rapt after the murther, the three contracts of mariage, and other circumstances, were past over with silence. Our queene in the meane time stirred up her factioun at home by her letters, putting them in hope of her returne within short time ; for the matche betwixt her and the Duke of Norfolkc made her confident. She desired them not to make anie scruple for the truce tnkin betwixt them and the other 468 calderwood's historie 1568. partie, but to tak so manie castells and holds as they might, that incace of warre they might be the more able to resist or overcome their adversareis. Argile came to Glasgow with fyfteene himdreth men ; others beside repaired to him. The Hammiltons desired him to invade and spoile the barons and gentlemen of Lennox ; but his freinds disswaded him, in respect they had beene freindlie to his hous for manie ages bygane. After few dayes, not resolving, they dissolved withoiit anie further effect. Suche practises at home bewray that they diffided the susteaning of their cause a-field. I will heere subjoyne a part of a letter writtin by a Lon- donner to his freind, after the apprehensioun of the Duke of Nor- folk, which followed not long after ; tlie which letter was printed. A PART OF A LETTER V.^RITTIN BY ONE IN LONDOUN, TO HIS FREIND, CONCERNING THE CREDIT OF THE LATE PUBLISHED DETECTIOUN OF THE DOINGS OF THE LADIE MARIE OF SCOTLAND. " The booke itself (meaning the discoverie of the murther of the king, with the oratioun of evidence) is writtin in Latine, by a learned man in Scotland, jNIr George Buchanan ; one privie to the proceedings of the Lords of the King's Secreit Counsell there, weill able to understand and disclose the truthe ; having easie accesse also to all the records of that countrie that might helpe him. Be- sides that the booke was writtin by him, not as of himself, or in liis OAvne name, but according to the instructiouns to him givin by commoun conference of the Lords of the Privie Counsell of Scot- land; by him onlie for his learning penned, but by them the mater ministered, the booke overseene and alloAved, and exhibited by them as mater that they have offered, and doe continue in offering, to stand to, and justifie before our soverane Ladie, or her Highnesse' commissioners in that behalfe appointed. And what prooffe they have made of it alreadie, when they were heere for that purpose, and the said author of the said booke one among them, when both parteis or their sufficient procurators were heere present, indiffer- entlie to be heard, and so were heard indeid, all good subjects may 1568. OP THE KIKK OF SCOTL^VND. 469 easilie gather, by our said soverane Ladle's proceedings, since the said hearing of the caus ; who, no doubt, would never have so stayed her requeist, but rather would have added enforcement, by mini- string aide to the Ladie Marie of Scotland, for her restitutioun, (the president and honour of princes, and her Majestie's owne for- mer exemple of sinceritie, used in defence of the Scotish queene herself in Scotland, against France, and her maintenance of the Frenche king's honour and libertie, against the hie attempts of some his Popish subjects considered :) nor Avould have lived in suche good amitie with the young King of Scotland, the regents, and the true lords, mainteaners of that side, if these haynous offences al- ledged in that part had not beene proveable ; or, if the young iiiiid had beene an usurper, or his regents and other lords of that factioun tratours, as they must have beene, if all be false that is objected against the said Ladie Marie. I recite not what subscriptiouns and assents have bene to confirme the booke, and the maters in it con- teaned. Beside that, I doe you to witt, that one writtin copie therof in Latine was now upon his late apprehensioun found in one of the Duke of Norfolk's men's houses, and thither sent by his com- mandement, a little before his apprehensioun, to be secreetlie keeped there, with diverse others pamphlets and writtings. Which thing not onlie addeth credite to this booke, that it was not coun- terfoote, but also giveth shrewd suspicions that the duke could not so Weill lyke the woman, being suche a woman, as for her person's sake to venture the overthrow of suche a floorishing state wherin he stood before ; but that some other greater thing it might be, that he liked, the greedinesse wherof might temper his abhorring of so foule conditiouns, and of so great a danger to himself, to be sent after his predecessors. The Bishop of Rosse likewise doth both know that the duke had this booke, and can tell how the duke came by it. The other mater of the contracts, letters, songs, &c., have, among other, these proves. Livelie witnesses of great honour and credite can tell, that the verie casket there described was heerc in England shewed, the letters and other monuments openned and exhibited, and so mnche as is there said to have beene Avrittin or 470 calderwood's historie 1568. subscrived by the said Ladle Marie, the Erie Bothwell, or others, hath beene, by testimoneis and oaths of men of honour and credite in that countrie, testified and avowed in presence of persons of most honorable estat and authoritie, to have beene writtin and sub- scrived as is there alledged, and so deUvered without rasure, diminu- tioun, addition, falsifeing, or alteration in anie point. And a num- ber there be in England of verie good and worshipfull calling, be- side the commissioners thereto appointed, that have scene the ori- ginalls themselves, of the same handa whose this booke doth say them to be. Which things have beene heard and understood by these who can tell, and these whose trutlie in reporting is above all exceptioim." THE COXTROVERSIE BETWIXT THE REGENT AND THE DUKE. The Duke of Chattelerault living privatlle in France, attended upon with a man or two, was drawin to the Frenche court, and stirred up to mainteane a factioun against the regent, speciallie now when the regent was in England. Whill he is returning home through England, he is importuned by his fi'einds to soliclte the queene to move the regent to resigne the rcgencie to him, seing that place was due to him, as neei-ej^t in blood and nixt in succes- sioun. The mater was debated before the counsell of England. But the queene, by her counsell, declared that he craved an unjust thing, and that he sould not looke for anie aide of her. THE GENERALL ASSEMBLIE CONTINUED. The Generall Assemblie sould have convcened at Edinburgh, the 25th of December; but, in respect of the stormie weather, and the brulte of the plague, verie few convcened. Therefore, they con- tinued the Assemblie tUl the 25th of Febiiiar. Onhe a letter sent from Wmiam Erie of Glencarne was read, his zeale commended for putting the kirk in possessioun of the thrlds of the Blshoprick of Glasgow, and a commissioun glvin to the said eric and some others. 1569. OF TnE KIRK OF SCOTLAND. 471 to modifie, appoint, and sett prices upon the victuals of the thrids assigned to the sustentatioun of the ministrie in Cliddisdaill, Een- frow, Kyle, Carict, and Cuninghame, in suche sort that the la- bourers of the ground may find ease, and ministers be not defrauded of payment. M.D.LXIX. Howbeit the Queene of England thought our queene unworthie of anie aide, yitt, remembring her former prosperitie, and fearing that the exemple of depriving princes sould creepe farther, and being solisted by the Frenche ambassader, tempered her sentence with a neutrall answere, saying, she saw nothing for the present to be reprehended in the proceedings of the nobilitie of Scotland ; but desired, that the regent might leave behind him some, to answere to suche crimes as he sail be charged with, seing that he may not stay himself, becaus the troubles at home doe require his pre- sence. The Bishop of Rosse, in his memoi'ialls, reporteth that the regent and the rest of his coUegues, commissioners, came before the queen's Majestie's counsell of England, where Sir William Cicill, secretar, at the queen's Majestie's command, and her Highnesse' counsell, gave them suclie answere in effect as foUoweth, upon the 10th of Januare : — " Whereas, the Erie of Murrey and his adherents come in this realme at the desire of the queen's Majestic of England, to answere to suche things as the queene, their soveran, objected against them and their alledgances : for so muche as nothing hath bcene deduced against them as yitt, that may impaire their honour or alledg- ances, and on the other part, there had nothing beene sufficientlie produced nor showne by them against the queen, their soverane, whereby the Queene of England sould conceave or tak anie evill opinioun against the queene, her good sister, for anie thing yitt scene and alledged by the Erie of Murrey, yitt, in respect of the unquiett estat and disorder of the realme of Scotland now in his ab- 472 CALDEiaVOOD's IIISTORIE 15 09. sence, her Majestie thinketh meete not to restraine anie farther the said erle and his adherents' libertie ; but suffer him and them at their pleasure to depart ; rehnquishing them in the same estate in the which they were of before their comming within this realme, till she heare farther of the Queen of Scotland's answeres to suche things as have been alledsed against her." THE REGENT CLEEKED OF CALUMNEIS. But we proceed with Buchanan's relatioun, as more worthie of credit. The regent perceaving that the queene did protract time, onlie to the end that she might give her judgement according to the event of things as she saU find her own advantage, Avas instant that his adversareis, who had traduced him in secreit, both to some counsellers and to the Frenche ambassader, might alledge in pub- lict what they had to lay to his charge : for he was not so desirous to returne home, as to be cleered of suche aspersiouns as his ene- mcis did cast upon him, howbeit otlierwise he might hardlie stay, both in respect of his owne privat and pubhct effau'cs. At lenth, the queen's procurators were called, and desired to show if they had anie reasoun to burtliein the regent with tlie murther of the king. They ansvv^ered they had nothing to say, but woidd then accuse when it pleased the queene their mastresse to command them. He ansAvered, he was ever readie to defend ; but in the meane time, if they knew anie thing, he desired it might be now alledged, when he was present before suche an honorable companie, than to mutter it in privat and secreet conventicles, when he sould be absent. When they had refused a long time, and the counsel- lers beganne to be oiFended, they answered, they knew nothing of themselves whereby it might be presumed that the regent nor anie of his companie was guiltie of that murther. So the counsel! brake up, and no farther accusatioun of the regent was heard from that time furth. Tlie describer of the Chameleon sayeth, that by the force of the reasouns, and clecrenesse of the deductioun of the whole actioun of the caus, tlic regent was so persuasive, that by Lcthing- 1569. OF THE KIRK OF SCOTLAND. 473 ton's advertisement, oui- queene discharged her commissioners to proceed anie farther, and difiere it to a more commodious time. For it was weill knowne that the Queene of England and her counsell had allowed of the regent's proceedings ; and that the am- bassader of Spaine, astonished at the haynousnesse of the crime, re- fused to interceed for her, and the Frenche ambassader excused himself, for that he was commanded by his maister. THE REGENT S PASPORT. After that the regent had cleered his OAvne caus, he obteaned libertie to returne. The Queene of England had promised to the regent and the rest of the commissioners, his collegues, that the duke sould not gett his pasport to returne before they had gottin theirs. He was charged to stay still till they had takin leave, be- caus he minded no other thing by preventing them, but to trouble the countrie in their absence ; for she was offended, that the truce was not keeped diuring the conference. THE QUEENE OF ENGLAND AND THE REGENT TRADUCED. After that the regent had obteaned licence to returne, Queene Marie's missives sent to Scotland were intercepted, and sent to the regent. She compleaned to the heads of her factioun at home that the Queene of England had dealt otherwise with her than she pro- mised ; that some of her courteours had diswaded her to send an armie with her to Scotland. She willed them, notwithstanding, not to shrinke, for she hoped to be assisted another v\'ay. She willed them to make als great a stirre as they might, and hinder the regent his returne by all meanes they could devise. In one letter, she preassed to perswade them that the regent had entered in factioun with the Queen of England ; had offered to putt the young king in her hands ; to deliver to her the castells of Edin- burgh and Stirline, and to receave English garrisons in them ; and to do their endeavourc to putt in her hands all the rest of the strenths 474 caldehwood's nisxoniE 1569. of the realme : that the regent sonld be Icgltmiated, and proclaimed successour, if the young king died without issue ; and that he sould hold the kingdom in fealtie and homage of the Queene of England. These calumneis were published by Ai'chibald Erie of Argile, Justice-General and Lieutenant to Queene Marie, and ag- gredged/ to stirre up the subjects against the regent. the queene of england cairfull of her owne and the regent's credit. The Queene of England, perceaving by the letters intercepted, that she was charged with breache of promise, and that Queene Marie bragged of assistance from others, was offended that her owne credite was impeached ; and woundered whence the aide sould come, wherin the Scotish queene was so confident ; for the secreets of the consplracie which soon after brake furth were not yitt scene. Whill the regent was upon his journey, returning home, Queene Elizabeth caused print the purgatloun following, both for her owne and the resrent's credite. THEIR PURGATION. " The Queen's Majestic of this realme of England, understand- ing that there are published sindrie maters in the realme of Scot- land, contrare to all truthe and meaning of the said queene, as it appeareth, maliciouslie devised to blemishe the honour and sin- ceritie of her Majestic, and to bring the Erie of Murrey in hatred with his owne freinds, being native good Scotish men, hath thought it good to let it be openlie notified to all persons, English and Scot- ish, that are disposed to heare the truthe, that howsoever it be said or writtin by anie persoun, of whatsoever estate the same be, that anie secreit practice had beene made betwixt her Majestic and the Erie of Murrey, whereby it sould be convented and accorded that the Queen of Scots' sonne soidd be delivered into her Majestie's ' Aggravated. 1569. OF THE KIRK OF SCOTLAND. 475 hands, to be nourished in England, as she sould thinke good ; and that the castells of Edinburgh and Stirline sould be in EngUsh men's keeping; and that the castell of Dumbartan sould be as- seidged, takin, and randered to her Majestie's behoove ; and that the Erie of Murrey sould be declared ligitime, to succede to the crowne of Scotland after the deceasse of the young prince or king without barnes ; and in that case, the Erie of Murrey sould declare to hold the realme of Scotland in fea of her Majestic, as Queen of England ; her Majestic, as she is, and intendeth to be, during her life, a prince of honour and maintainer of truthe, doth, in word of a Queene, lett all persons know, that all thir aforesaids things above specified are altogether false and untrue ; and are devised by persons of meere malice and rancour, being disposed to nourish factiouns and discord, and hating the good quietnesse and concord betwixt the two reahnes. And this her Majestic likewise assureth all persons, that, as of these untruthes and falsets there was never conventioun nor accord betwixt her Majestic and the said erle, nor betwixt him and anie her ministers, to her Majestie's knowledge, so was there not at all anie conventioun or compact, by word or Avritting, made betwixt her Majestic and the said erle, for anie thing since his last comming into this realme ; althogh it is truthe, that some motiouns have beene made, as weill by the Erie of Len- nox and the ladie his wife, being, as it is knowne, parents to the late murthered father of the prince, as by others, that if heerafter it sould be scene that the said prince could not safelie continue in Scotland, from the attempts of the murtherers of his father, and others his mortall enemeis, that there he might be nourished in England, under the custodie of suehe as now have the charge of him, and are knoAvne to have most tender care of him. But heer- of was there never more of conventioun nor accord ; nather yitt was there heard of her Majestic anie word of the Erie of Murrey, or of anie of his companie, to allow of anie removing of the samine prince out of Scotland, or out of the charge of them that now have his custodie. And likewise, her Majestic assureth all maner of persons, that she estcemeth all other reports false, that are said also to be 4:76 calderwood's histouie 156U. made, of anie league and intelligence betwixt the Erie of Murrey and the Erie of Herfurde ;^ with other suche like improveable de- vices and slanders : all which her Majestic would have to be of all honest persons, both English and Scotish, (that love truthe and hate falset,) esteemed for false, and to be seditiouslie and malitiouslie devised, invented, and published. Finalhe, this her Majestic will- eth all persons to miderstand, that in this case, betwixt the Queene of Scots and her sonne, there hath laiked no good meaning, nor yitt doeth, to have had the same Aveill ended, for quietnesse to the whole natioun of Scotland, or to the dignitie therof ; the lett and impedi- ment of Avhich good end, her Majestic would all good persons to understand not to have come of her or her counsel!, as heerafter sail more manifestlie appeare. Givin at Hampton Court, the 22d day of Januar, the elleventh yeere of her Majcstie's raigne." THE REGENT RETURNETH SAFE. The Queen of England understanding, by letters intercepted, and other reports, that the regent was in danger, for her owne cre- dite sent to the Wardans, that when he came neere to the borders and suspect places, they sould have a care to see him safelie con- voyed. The courteours offered him companie to convoy him ; but courteouslle he refused, and entered in his journey about the middest of Januar. The Lord Hume being advertised that the rebeUious lords had waged two huudreth Liddisdail men, to ly in wait for the regent betwixt Morpetii and Berwick, advertised the Lord Houns- dane, governour of Berwick, and sent post to the regent himself. Wherupon he was convoyed to Berwick with a great companie, ac- cording to the queen's directioun. But he was in greater danger of Norfolk and the Popish factloun. The describer of the Chameleon ' Among the reports sent down to be propagated in Scotland v.as the following : That the Earl of Hertford and Murra}' had entered into a mutual agreement to maintain each other's claims, the former to the crown of England, and the latter to that of Scotland ; and that Cecil, whose daughter Hertford had agreed to marry, was the contriver of the plot. 1569. OF THE KIRK OF SCOTLAND. 477 reporteth, that the Erie of Westmerland, rycling through the regent's couipanie, not farre frome Durhame, thoght it not safe to matche with them. The regent came to Scotland the secund day of Feb- ruare. The fourth day after, the pest stayed, which in his absence had takin away, in Edinburgh and the Cannogate, two thowsand five hundreth and fiftie persons.^ A CONVENTION. Upon the 10th of Februare there was a conventioun holdin at Stirline. The regent made a relatioun of all their proceedings in England, which were allowed. PREPARATION FOR CIVILL ^VARRES. James Hammiltoun, Duke of Chattelerault, came to Scotland the 17th day of Februarie. His freinds assembled unto him in- continent. Our queene constituted him her deputie. He charged, by publict proclamatioun, that none sould be obeyed but he, and suche as sould be substituted by him. Upon the 21st of Februar the regent commanded, by proclamatioun at the Croce of Edin- burgh, the king's lieges to repaire to Glasgow, the 10th of Marche. The lords collected a summe of money, for waging of souldiours, and prepared themselves for the hardest conflict. THE EIGHTEENTH GENERALL ASSEMBLIE. The Generall Assemblie was holdin at Edinburgh, the 25th of Februar. Mr David Lindsay was chosin Moderator. ' The scarcity and clearness of provisions, with which this visitation was accom- panied, must have fearfully aggravated the miseries of disease, as the following ex- tract from the Diurnal will show : — " In all this yeer preceiding, the pest being in Edinburgh and Lcith, and Cannongate, thair was ane verie greit darth in this realme, sua that the boll of eit meill wes sauld for iij. pundis xij. shillings, the boll of quheit for iiij. pundis x. shillings, and the boll of beir for iij. pundis." 478 calderwood's historie 1509. superintendents tried. Mr Jolme Spotswod, Superintendent of Lothiane, was delated for slacknesse in visitatiouns, &c. He alledged none-payment of his stipend for three yeeres bypast ; and that diverse times he had exhibited to the Justice-Clerk the names of haynous offenders, but could find no executioun. A MINISTER CENSURED. Mr Andrew Blakhall, Minister at Ormeston, was ordeaned to compeere before the church sessioun of Edinburgh, to confesse his offence, for solemnizing mariage betwixt two parteis of their con- gregatioun without testimoniall of proclaiming their bannes ; and to promise not to committ the like offence again. AN ACT. Concerning proceeding by degrees in schooles to the degree of a Doctor of Divinitie, it was ordeaned, that the brethrcin of the col- ledges of Sanct Andrewes conveene, and forme suchc order as they sail thinke meit ; and that they present the same to the nixt As- semblie, to be revised and considered, that the Assemblia may ecke or diminish as they thinke good ; and that the order allowed may therafter be established. ■ A COMMISSION TO PROCEED AGAINST HUNTLIE. Commissioun and power was givin to the Superintendent of An- gus, Mr George Hay, Minister at Ivuthven, Mr Kobert Pont, Com- missioner of the kirks in Murrey, and Adam Heriot, Minister at Aberdeene, to require the Erie of Iluntlic to restore the collectors of the kirk to their places ; and if he refuse, to summoun.him to compeere before them, or anic two of them, where and when they sail thinke meit, to answere tuiching the premisses ; with certifica- 1569. OF THE KIRK OF SCOTLAND. 479 tloun if he compeere not, nor yitt restore the said collectors to tlieir owne places, due admonitiouns preceiding, that they saU proceed to the sentence of excommunicatloun. THE DUKE S LETTER. In the fourth sessioun a letter was read, which was sent frorac the Duke of Chattelerault, the tenor wherof foUoweth : — " Brether, we thought it expedient to certifie you, that being in France, and hearing of the great troubles in this our native coun- trie, of conscience and duetie were compelled to come home, desir- ous to pacific the same at our power, first, to the gloric of Almigh- tic "God, and nixt, to the releefe of the right sore and lamentablie oppressed true S'ubjects, whose innocent blood, and innumerable heirshippes, oppressiouns, wrongs, stouthe, which have beene and are daylie committed upon them, are to us so greevous and intoler- able a burthein, both in conscience and honour, that we rather re- fuse not onlie this our inative realme, but also the whole world, ere it were not reformed. And albeit, in my absence, I have susteancd wrong, I assure you myne owne particular, nather in blood, lands, or geere, is so heavie to me, as the great danger this whole king- dome standeth in, if by the grace of Almightie God, and helpe of the old and native Scotish blood, it be not foreseen and releeved in time. Hearing of your conventioun, brethrein, at this time, I have sent this bearer to you, to declare this to be our full and deter- mined minde, to follow by the grace of God, First, That the Word of God may have free passage through this whole realme ; and that the sacraments may be ministred according to the institutioun of Christ Jesus his Sonne, our Saviour : Nixt, That everie' true sub- ject of this realme may Kve without feare upon that which justlie is his owne, according to God's calling and commandement. In this cans of this present diversitie betwixt our native soverane and a part of her subjects, for which we are hciU'tilie sorie ; as Al- mightie God knOweth, we are innocent of foreknowledge of anic doing, so we wishe all others to be suchc like. Our desire is, that 480 calderwood's historie 15G9. all hostilitie and troubles might be pacifeid, according to the command of Almightie God ; and that the whole estats in quiett and peaceable manner may conveene ; and, first calling for his grace, and Holie Spirit of righteous judgment, might consider the ground and beginning of this altogether evil deid, — I meane the slaughter of the queene's late husband ; what hath proceeded ther- upon sensyue, and what God would of reasoun sould be done there- fore. And this to be devised, ather by the w^hole estats, or twentie- five of the wisest of the nobilitie, chosin by the whole people of the realme, wherunto we of the nobilitie, and all that continue under our obedience to the queene, our eoverane, sail, for God's caus and the comraoun weale, be found agreeable. To avoide wrangous judgement, that we write this to you because of proclamations that the Erie of IVIurrey hath caused to make in diverse shires of this realme, to have the people at Glasgow the 10th day of IMarche, we would yee sould consider we doe it not for that caus. For first, as yee know, that before and since thir troubles beganne, we have never beene in this countrie before the 25th day of this instant of Febiniar, wherethrough we might have shewed our minde heer- in, and ail the people of Scotland were gathered together, both for nativenesse of blood, for good deservings of my forbeares and my self, there is the strenth of the world, where I could wishe myself, and finde me most sure. And if the said Erie of Murrey would tak upon him to invade me, or anie of my fi-einds or dependers, or anie true men in this realme, as I cannot thinke he will, then trust I that the nobilitie or people will not assist him therto whill first they find a caus worthie, and it be declared by the ancient lawes of the realme. And though we desire thir conventlouns and forces of menne of warre to be turned against theeves and oppres- sours of the realme, wherunto we sail be most readie with our bodeis and geir, to the devoire of noble and true men, yitt, if he will persevere to persue us, we doubt not in God and the justnesse of our caus, to find all noble and true men so favourable to us that it sail not be in his power to doe us wrong, upon particular malice, altogether without deser\nng. Therefore, we require you in God's 1569. OF THE KIRK OF SCOTLAND. 481 behalfe to make some of our eiFaires and minde patent to the people ; and if yee find out on our part, sought heere and offered, that which to our Christian professioun perteaneth,. duetie re- quireth that yee come and reasoun upon the same with us, where yee sail find us reasonable in all causes, according to God's Word and equitie ; to whose divine protectioun we committ you. " Your Christian brother, " James Hammiltoun. "From Hammiltoun, the 27th of Februar, 1569." A COMMISSION TO DEALE WITH THE DUKE, ETC. In this letter we may see a faire professioun and goodlie pre- tences ; but in the meane time, the secreit drift was, to move the ministers to dehort the people frome repairing to Glasgow, as they were commanded by proclamatioun. The Assemblie giveth com- missioun to the Superintendents of Lothiane and Fife, and Mr Johne Row, to goe to the regent, and to learne what is his Grace's pleasure tuiching this letter. And, according as his Grace sail direct, to goe to the duke, and conferre with him, and suche of the no- bilitie as they sail find present ; and by all meane possible to re- concile them to the regent, and to bring them to the acknow- ledgement of the king, and his regent's authoritie ; and to doe far- ther as the said commissioun sail proport. In the sixt sessioun it was ordeaned, that the letter directed to the lords who had made defectioun frome the king's Majestic, after it be returned frome the regent's Grace, sail be registered among the Acts of the Assemblie, and that it be printed. I find not this letter in the copie of the register : but I take it to be the letter folloAving, which the Superintendent of Lothiane sent to the noblemen and barons within his bounds ; and that the letter was penned by Mr Knox, as appeareth by the stile, howbeit it was directed by particular Superintendents, commissioners, and mi- nisters. VOL. H. 2 H 482 CALDERWOOD's HISTORIE 1569. " Mr Johne Spotswod, Superintendent of Lothiane, To all that professe, or have professed the Lord Jesus, and have refused the Roman Antichrist, called the Pope, within the diocese committed to his charge, desireth grace, mercie, and peace, frome God, the Father of our Lord Jesus Christ ; to- gether with the Spirit of righteous judgement. " That fearefull sentence pronounced by God himself unto his prophet Ezechiel, against the watchman that seeth the sword coming, and doth not blow the trumpet, and plainlie Avarne the people, (Ez. xxxiii.) compelleth me to write unto you, beloved in the Lord, this my rude letter, becaus that my corporall presence and weake voice cannot be extended to you all, in these dan- gerous and most wicked dayes. To you, I say, I am compelled to crie by my penne, that the sword of God's just judgement is come, and hath devoured some, according to the forewarning of his mes- singers ; and, alas ! I feare is yitt drawin, arid readie to devoure moe. The first part of this cannot be denied, and the secund also hath great probabilitie ; and yitt, I feare that everie man seeth not, or at least will not confesse the verie cans, nather of the one, nor yitt of the other. We see a wicked woman, whose iniquitie knowne, and lawfullie convicted, deserved moe than ten deaths, escaped frome prison. This is the First. Negligence of the keepers, as it is not to be excused, so may it weill occupie the Secund place before man. Practises of deceatefull men, together with her owne villanie, justlie may occupie the Thrid rank in that wicked fact. But none of all thir sould have had place to worke, if the mouth of the Lord had beene obeyed. For if she had suffered, according as God's law commandeth murderers and adulterers to dee the death, the wickednesse takin furth frome Israel, the plague sould have ceassed ; which cannot but remaine, so long as that innocent blood tratorouslie shed is not punished, according as God hath com- manded. And so I feare not to affirme, that the reservatioun of that wicked woman, against God, and against the voices of hia servants, 1569. OF THE KIRK OF SCOTLAND. 483 is the first and principall cans externall, which man can see, of the plague and murther latelie begunne. And yitt, Avhen I confesse it to be the Jirst externall caus, I meane not that it is the onlie and sole cans of this present and appearing calamitie. For, albeit th'at the devill himself had beene loosed (as no doubt he was) in the person of that most wicked woman, yitt could not he nor she greatlie have troubled this commoun-wealth, unlesse that she had beene assisted with the presence, counsell, and force of suche as have professed the Lord Jesus, and, by all ap- pearance, had renounced that Roman Antichrist and his damnable superstitioun. For, albeit that all the Papists within the realme of Scotland had joyned with her, the danger had not beene great. For, although in number the wicked might have exceeded the faith- full, yitt, when the servants of God sould have had battell onlie against the Canaanites, Jebusites, Amorites, and against the rest of that profane and adulterous generatioun, they could no more have feared now, than that the little flocke hath feared from the beginning of this controversie, which now, by God's power, thir nine yeeres they have susteaned against all the pestilent Papists within the same. But, alas ! the sword of dolour hath pearced, and yitt pearceth manie hearts, to see brethrein seeke with all crueltie the blood of their brethrein ; yea, to see the hands of suche as were esteemed the principall within the flocke to arme themselves against God, against his Sonne Christ Jesus, against a just and most lawfuU authoritie, and against the men who looked of them not onlie quietnesse and peace, but also maintenance and defence against all invasioun domesticall and forralne. The consideratioun of this their most treasonable defectioun from God, from his tnithe professed, and frome the authoritie most lawfuUie established, caus- eth the hearts of manie godlie to sob and mourne, not onlie se- creitlie, but also openlie to crave of God the conversioun and re- pentance of suche as have assisted that most wicked woman, wlio ambitiouslie, cruellie, and most unjustlie hath aspired, and yitt as- pireth to that regiment, wherefra, for impieteis committed, most justlie, and by suche order as no laAV can reprove, she was deposed. 484 • calderwood's historie 1569. And, therefore, in the bowells of Christ Jesus, I exhort all in generall, and suche as are under my charge in speciall, who have communicated with her odious impieteis, that they deepelie con- sider their fearefull defectioun from God, and from his lawfuU ma- gistrats, by his Word and good order erected withui' this realme ; and that they, by condemnatioun and publict confessioun of their follie, travell speedilie to returne again to the bosome of the kirk, and to the obedience due unto the magistrats, from which they have most tratorouslie declyned ; assuring suche as sail be depre- hended to remaine obstinat into their former wicked interprise, that in our nixt letters their names sail be expressed and proclamed be- fore all congregations. Wherewith, if they be not moved to re- pentance, then will we (albeit with greefe of heart) be compelled to draw the sword committed to us by God, and to cut them off from all societie of the bodie of Jesus Christ ; and, for their stub- burne rebellioun, give them to the power of Satan, to the destruc- tioun of the flesh, that they, (confounded in themselves,) by un- fained repentance, may returne again from their wicked wayes, and so escape condemnatioun in the day of the Lord Jesus : whose Om- nipotent Spirit move the hearts of all that looke for the life ever- lasting to consider that his comming approacheth. Amen. Givin at Calder," PETITIONS. In the fyft sessioun certane heeds were formed, which were to be presented to the regent's Grace and counsell, and commissioners appointed to present the same, and crave answere : the tenour of which heeds foUoweth : First, That suche as have benefices, and doe nothing but pay their thrid, may be compelled to beare farther burthein with the kirk, and for support of the poore. For it seemeth altogether un- reasonable that idle belleis sail devoure and consume the patri- monie of the kirk, whill the faithfuU travellers in the Lord's vine- 1569. or THE KIllK OF SCOTLAND. 485 yarde suffer extreme povertle, and the ueedie members of Christ's bodie are altogether neglected. That suche as have manie benefices may be compelled to dimitt all except one. That order may be takm that the collectors be obeyed, who now are universallie disobeyed, as weill by Protestants as Papists. That remedie may be provided against the oppression of the Erie of Huntlie and others, who have removed the collectors of the kirk, and tyrannouslie placed their owne. That it may please his Grace and the Secreit CounseU, that the kirk, from admonitiouns may proceed to farther censures against the said erle, and all others guiltie of the like oppressioun may be pub- lictlie denounced excommunicat, in cace of his or their contempt. That the Assemblie, without offence of his Grace, may appoint their brother, Mr Robert Pont, minister, where his labours may be more fruictfull than they can be for this present, in Murrey. That remedie may be provided against the chopping and chang- ing of benefices, selling of the same, diminishing of the rentals, set- ting of long tacks in defraud of ministers, both for the time present and for the time to come ; against the which, except substantial! remedie be provided, not onlie sail the kirk suffer domage, but also that portioun which might support the commoun effaires of the realme sail be craftilie sold. That order may be takin with suche as are alreadie excommuni- cated, and doe contemne the censures, may be punished. That order may be takin that suche odious crimes as this day provoke God's displeasure against the whole land may be punished, as God hath commanded. If his Grace send us to the justice- clerk, experience liath taught us sufficientlie what he hath done heeretofore in siiche maters. That the jurisdictioun of the kirk may once be separated frome that which is civill. That the questioun of adulterie may be once decided, at least in that heed, whether the adulterer sail be admitted to the benefite of uiariage, or not. 486 calderwood's historie 1569. THE ORDER OF THE PUBLICT FAST. In this sessioun also it -was concluded that a generall fast sould be proclamed through all the countrie, and beginne in Lothiane, Fife, and suche other places as may receave advertisement, the 13th of Marche. That the exercise accustomed at the first fast be used ; and that superintendents and commissioners of provinces appoint the same order to be used als oft as occasioim requireth, without anie farther appointment of the GeneraU Assemblie. THE DUKE TRANSACTETH WITH THE REGENT. Upon jMoonday the 9th of Marche, the regent, accompanied with Morton, Hume, and other noblemen, went out of Edinburgh to Stirline. Frome thence they went to GlasgOAv. They tooke Avith them five peece of ordinance. The Hammiltons, for all then- brags, could not make their partie good. By the travells of Lethingtou, and some others that favoured them, it was granted that the duke sould come in safetie to Glasgow, providing he would acknowledge the king's authoritie. He, the Erie of CassUs, and Lord Hereis, came to Glasgow ; promised to ratifie and acknowledge the king's authoritie ; that they and their freinds sould come to the convention which was to be holdin at Edinburgh in Aprile, and to reasoun upon all controverseis, the king and regent's authoritie ever ex- cepted. The like offer was made to others of their factioun. Ar- gile and Huntlie were offended with the duke for transacting with the regent without their consent ; for letters were sent frequent- lie fr'om the queen, to encurage them vrith. hope of farther aide. The rumor of the matche betwixt her and Norfolk was now farther spread. THE DUKE WAIRDED. At the conventioun appointed the 14th day of Aprile, Avere pre- sent the reofent, the Erles of ^Morton. ]\Iarr. Cassils ; the Duke, 1569. OP THE KIRK OF SCOTLAND. 487 Lords Hereis, Hume, Lindsey, Ruthven, Methven, Graham, Oli- phant, with manie other lords, beside barons and gentlemen. The duke difFerred the performance of his promises ; desired a delay till the 10th of May, that the rest of the nobilitie who were of his minde might be present, that the agreement may be made with all their consents, and untill he had tried the queen's minde. It was answered, that Huntlie and Argile were expected in vaine, for they would see to their owne estat a part by themselves. It was de- manded, Avhat he would doe incace the queene would not approve their transactioun. He confessed that he had not made suche pro- mises but for feare of the arraie lying at Glasgow, neere to his hous. Seing that nather he had givin pledges to performe the ap- pointment, as was compromitted, nor would presentlie performe anie part, he was committed to waird in the castell of Edinburgh, upon Moonday the 18th of Aprile, and the Lord Hereis likewise, for the like reasons. The Bishop of Sanct Andrewes was com- manded to keep his loodging ; but upon his owne promise was sett at libertie. The Erie of Cassils by oath and subscriptioun approved the king's authoritie. ARGILE AND HUNTLIE SUMMONED. HUNTLIE COMPEERETH NOT. Pluntlie and Argile had troubled the countrie in the regent's ab- sence ; for Huntlie spoiled Mernes and Angus, and bare himself like a king in the north. He appointed Crawfiird and Ogilvie lieutenants on this side of Dee. What Argile did we have men- tiouned before. They are charged to come to Sanct Andrewes the tenth of May. Argile came, and becaus he had done no great harme, oiilie his oath was takin to be obedient to the king with- out anie fraud or deceate, otherwise to be compted infamous. Huntlie compeered not. Lethington and others, favouring the other factioun, alledged, impimitie was the surest way for concord and peace ; that it was harci to overthrow him ; yea, he might flee to the Hielands, and lurke for a time, or to some forraine king, and purchase his aide, if he were overthrowne. It was answered, 488 calderwood's historie 15G9. his father was overthrowne with little adoe. The Hieland people might easilie be induced to betray him for a peece of money. For- raine kings had work aneugh at home. It was no clemencie nor great policie to suffer good subjects, obedient to the king's autho- ritie, to be oppressed, the oppresser spah*ed, and others emboldenned to doe the like. That howbeit the regent would pardoun the con- tempt of the king's authoritie and his persoun, yitt the domage which good subjects had receaved cannot be remitted. AVhen a gene- rall remissioun to Huntlie, and all his fi-einds and followers, could not be obteaned, it was agreed in end that Huntlie sail tak order for himself, his domesticks, and feals, for satisfactioun of suche as had received wrong, and that the rest of his followers deale for themselves. This was thought by the regent and his partie the fittest way to dissolve factiouns. THE regent's road IN THE NORTH. The regent went to the north the secund or thrid of June, ac- companied Avith the Erie of Morton and other freinds, and two companeis of harquebusiers. AH that were guiltie of oppressioun in his absence were summouned to Aberdeen, Elgin, and Inner- nesse ; fynned, and forced to satisfie com'pleaners. Huntlie and the cheefe of the clans deHvered pledges. lethestgton's secreit practises for the queen. Whill the regent was in the north, Lethington was bussie among the noble men, to procure their defence against the Erie of Mor- ton, Avith whom, as he alledged, he was at variance. But it was bruited, not without caus, that he was deaUng for the queen's re- stitutioun, and for subscriptions to a band tending to that effect. At this time he drew the Laird of Grange, Captan of the Castell of Edinburgh, to the queen's factioun. The queen herself had writtin to sindrie of her favourers to meete her at an appointed time and place, to bring her home. It was reported that the Duke 1569. OF THE KiKK or Scotland, 489 of" Norfolk was to marie the queen, and to bring with him five thow- sand men. THE ANS^VERE TO QUEEN ELIZABETH AND QUEEN MAREIS LETTERS. When the regent was at Elgine, Robert Lord Boyd brought to him letters from the queene and court of England. He was ad- vertised by freinds from court that the Duke of Norfolk's conspi- racie was so cunninglie convoyed, that by all appearance it could not be disappointed. Heerupon a conventioun was appointed to to be holdin at Perth. The regent returneth to Perth the 25th day of Julie. At this conventioun were read the letters of both the queens. The Queen of England craved three things in be- halfe of the Queen of Scots : That ather she might be wholHe re- stored to her owne place ; or suffered to nde joyntlie with her Sonne, and to injoy the title of queene, in publict acts and patents, and in the meane time that the regent reteane the govemement till the young king were full seventeene yeeres of age ; or elles, that she might be permitted to live privatlie at home, and maintenance may be assigned unto her. The last heed was granted, providing she would be content to accept of it. The rest were obstinatlie denyed by the sounder part of the nobilitie, becaus not onlie the young king's authoritie, but also his life, sould so be endangered. Queene Marie, in her letters, craved judges to be appointed, to cognosce upon her mariage with Bothwell, and to decerne her free, if it cannot be justified by law. Some were offended that she stiled herself Queen, and in a manner commanded them as subjects ; some .woidd not have lier deigned with an answere. So manie as favoured her seemed to Avonder that they would reftise that which- they sought of her before. As for anie stile in her letter, they of- fered to procure a new procuration from her, conceaved in suche termes as sould content them. It was answered, there was no haste : it behoved Bothwell to have sixtie dayes after citatioun for compeering, becaus he was out of the countrie. Within that space she had leasure to send a new commissioun ; seing she had past 490 caldeewood's historie 1569. over two yeeres alreadie with silence, she might suffer delay that long. If she minded in earnest to be ridde of Bothwell, she might write to the King of Denmark, and requeist to putt him to death for the murther of her first husband, and then she might marie whom she pleased : otherwise it was her purpose to live in a doubt- full mariage with some other, fast or loose, as pleased her. It was the more suspicious, that she woidd have thj sentence pro- nounced by suche judges, to whose sentence she needed not to stand, being banished, but if she pleased. The English queen was to be forewarned, who might ather further or hinder the mater. Some secreit fraud seemed to lurke in this her sute ; therefore it was not expedient to be hastie or rash, for manie secreit purposes might come to light in processe of time. Lethington and the rest of her favourers opposed mightilie, and raged, but prevailed not. Alexander Hume of Northberuick was sent to England with the answere. WILLIAM STEWART BURNT. William Stewart, Lyon Herald, was apprehended in Dumbar- tane, for conspiring the regent's death. He was convicted by an assise of witchecraft, and burnt. THE NINETEEN GENERALL ASSEMBLY. The Generall Assembly was holdin at Edinburgh, in the neather counsell-hous, the fyft of Julie. Mr William Christesone, mini- ster at Dundie, was chosin Moderator. TRIELL OF SUPERINTENDENTS AND COMMISSIONERS. In the triell of superintendents, the Superintendents of Lothian and Fife were delated for slacknesse in visitatioun, and reparatioun of the fabrick of kirks. Mr Johne Kerswell, Superintendent of Argile, was rebooked for accepting the Bishoprick of the lies, not 1569. OF THE KIRK OF SCOTLAND. 491 making the Assemblie forseene ; and for ryding at, and assisting of parliament holdin by the queen, after the mm'ther of the king. Mr Alexander Gordoun, some time commissioner of Galloway, was ordeaned to come to the nixt Assemblie ; and in the meane time, exhibited to exerce anie functioun in the kirk, conforme to the Act made against him, in the Generall Assemblie holdin in Julie, 1568, in which he was discharged to exerce the office of a commissioner in that countrie, or to tak up the thrids which he had for that of- fice, incace he compeered not before the last sessioun of the said Assemblie. ACTS. It was ordeaned, that suche as come to the Assemblie repaire in due time ; otherAvise, to proceed against them. 2. That per- sons guiltie of capitall crimes, summouned by superintendents and elders of reformed kirks, to compeere before this or anie other As- semblie heerafter ; if they compeere not, that the superintendents or ministers proceed to excommunication against them, and to notifie to the supreme magistrat, who are alreadie excommunicated for their offences, that farther punishement may be inflicted. THE PEINCIPALL AND REGENTS OF ABERDEEN DEPOSED FOR POPRIE. The decreet and sentence pronounced by the lord regent's Grace and his counsel], the last of June, and by the Superintendents of Angus and Mernes, the 3d of Julie, against Mr Alexander Ander- sone, Principall of Aberdeene, and some of the regents, was al- lowed. The regent, when he was in the north, caused call them before the counseU, and required of them subscriptioun to the arti- cles following : — " We, Avhose names are underwrittin, doe ratifie and approve from our verie hearts the Confessioun of Faith, together with all other acts concerning our religioun, givin ftirth in the parliaments holdin 492 calderwood's historie 1569. at Edinburgh, the 24th day of August, 1560, and the 15th day of December, 1567 ; and joyne our selves as members to the true kii-k of Christ, whose visible face is descrived in the said acts ; and sail, in time comming, be participant of the sacraments now most faith- fullie and pubUcthe ministred in the said kirk, and submitt us to the jurisdictioun and discipline therof." They compeered, but refused. Therefore, the lord regent's Grace, Avith advice of the lords, deceme and declare, that the said persons are and sail be deprived, and presentHe are deprived, ipso facto, of all instructioun of the youth within the realme, and of all ho- nours, digniteis, functions, pre-eminenceis, faculteis, and privUedges •within the said coUedge ; and ordeane letters to be dh-ected, charg- ing them to remove, desist, and ceasse therefra. Confomie to the decreit of the counsell, was the other sentence pronounced in pre- sence of Mr Alexander Andersone, principall, and Mr Andrew An- dersone, regent, the rest not compeering, as foUoweth : — " I, Johne Areskine, Superintendent of Angus and Mernes, having commissioun of the kirk to visite the shirefdom of Aber- deen and BamfF, by the advice, counsell, and consent of the mini- sters, elders, and commissioners of kirks present, decerne, conclude, and for finaU sentence pronounce Mr Alexander Andersone, some time principall, Mr Andrew Galloway, sometime sub-principall, Maisters Andrew Andersone, Thomas Owsten, and Duncan Norie, sometime regents in the colledge of Old Aberdeen, are not to be reputed as members of this kirk : And therefore seclude them, and everie one of them, from using anie office or jurisdictioun in the coUedge of Old Aberdeen ; and inhibite them, and everie one of them, to teache publictlie or privatlie in time comming lq that colledge, or anie other part within this realme ; and ordeane them to remove forth of the said colledge with aU diligence, that other godlie and weill qualified persons may be placed therin, for up-bring- ing of the youth in the feare of God, and good letters. This our sentence pronounced, we ordeane to be published and intimated to the saids persons, and to the congregations of New and Old Aber- deen, publictlie, the nixt Soonday, the 3d of Julie nixt, 1569." 15G9. OF THE KIRK OF SCOTLAND. 493 Commissioun was givin to the Superintendent of Lothian, Mr Knox, Mr Johne Craig, and Mr David Lindsey, to revise the acts of the Generall Assembleis ; and note the acts which concerne the commoun effaires of superintendents and ministers, and caus the samine to be printed ; and also the forme of excommunicatioun, with the inauguration of superintendents and ministers. Commis- sioun was givin to the Supei'intendents of Angus, Fife, Lothian, Argile, Mr Knox, Mr David Lindsay, Robert Fairhe of Braid, William Dowglas of Whittinghame, the Lairds of Keir and Lun- die, Mr Robert Hammiltoun, minister at Sanct Andrewes, Thomas Wallace, commissioner of Sanct Andrewes, Mr Johne Row, mini- ster of Sanct Johnstoun, Patrik Murrey, Commissioner of Sanct Johnstoun, Mr Andrew Hay, Minister of Renfrow, Mr David Wemes, Minister of Glasgow, Mr William Christesone, Mr Gilbert Gardin, James Baron, burgesse of Edinburgh, David Ramsay, burgesse of Dundie, and the Laird of Barganie, to present to the regent and the nobilitie, which are to be assembled at Perth, the 25th of this instant moneth of Juhe, the articles foUoAving: — Imprimis, Tuiching the heeds which my lord regent's Grace sent to the Kirk Assemblie, with Mr Johne Wood, the Assemblie hath givin their full power to their commissioners sent presentlie to his Grace, to resolve fuUie therupon, conforme to the answeres givin to the said Mr Johne Wood. Item, The Assemblie desireth the contract made in this Generall Assembhe, concerning the assignation of ministers' stipends, to be ratified and approved, with letters therupon, as is conteaned in the same. Item, That the manses and gleebs may be givin to the ministers, for their residence at their kirks ; and that the law heerupon may be made cleere, that it may have executioun : and in like maner concerning the reparatioun of kirks. Item, That all that have benefices be compelled to pay their thrids, so that payment be made of the yeeres bygane, as weill as to come. Item, That order may be taken for sustentatioun of the poore, and that a portioun of the tithes be appointed to that eiFect. 494 calderwood's historie ir)l59. And, in like maner, that the poore labourers of the ground may- have intromissioun, to leade tlieir owne tithes, upon reasonable compositioun. Item, That some auditors of the Exchecker be appointed to con- vene with the auditors of the ku'k, to heare the collectors of the kirk their compt. Item, That immunitie may be granted to the commissioners of the kirk sent to Generall Assembleis, that during the time of the Generall Assembleis they be not molested in civill actions. Item, That superintendents may be planted through the whole realrae, as are alreadie in some parts. Item, That commissioners may be appointed throughout the whole realme, to cognosce in causes of divorcements. Item, That suche as have benefices, and doe nothing but pay their thrid, may be compelled to beare some further burthein with the kirk, and cheefelie for the support of the poore. Itetn, That suche as have pluralitie of benefices may be com- pelled to demitt all save one. Itein, That remedie may be provided for chopping and changing of benefices and selling of the same ; diminishing the rentall, sett- inor lono; tacks in defi'aud of the kirk : and that all tacks sett since the assumptioun of the thrids may be disannulled, with expresse inhibitioun against the same in time comming. Item, That order may be takin, that suche odious crimes as this day procure God's heavie displeasure against the whole land, may be punished as God commandeth. Item, That the jurisdictiomi of the kirk may be separated from that which is civill. Item, That the questioun concerning adulterers may be once de- cided, as Weill concerning the punishement of the adulterers, as whether the adulterer sail be admitted to the benefite of mariage again, or not. The tenor of the act made for assignatioun of stipend follow- eth :— " Forsameikle as this long time bygane the ministers have beene i i ] 569. OF THE KIRK OF SCOTLAND. 495 universallle defrauded of their stipends ; and now, at last, it hath pleased God to move the hearts of the superiour powers and estats of this realme, to grant the thrids of the whole benefices within this realme to the ministers and ministrie, by plaine and publict par- liament, as at more lenth is conteaned in the said parliament holdin at Edinburgh in the moneth of December, 1567 : In respect wher- of, this present Assemblie findeth it most needfull and expedient that all superintendents, ministers, exhorters, and readers, sail have their owne particular assignatiouns appointed to them, to receave the same frome the hands of the labourers, tacksmen, or others ad- debted in payment of the saids thrids ; and, therefore, in one voice, by this act giveth their full power and commissioun to everie su- perintendent and commissioner of kirks within their own bounds, that they and everie one of them, by advice and consent of their commissioners of provinces appointed in the synodall conventiouns, give and make particular assignations to everie minister, exhorter, and reader within their owne bounds, as they sail find expedient, under the superintendent's subscriptioun and ministers' forsaid, with all clauses needfull and expedient thereto, which sail be als sufficient as if the samine were expede ' by the Generall Assemblie of the kirk. And as concerning the superintendents and com- missioners of kirks, their provisioun and assignatioun to be made by the Generall Assemblie of the kirk. " And to the effect this act may take full perfectioun, the As- semblie requireth most humblie my lord regent's Grace and Se- creit Counsell to interpone their authoritie heereto, that the as- signatiouns forsaid, generall and particular, may be exped in forme of provisioun ad vitam under the privie scale ; with ordinance ther- upon, that letters may be directed at everie man's instance under all the foure formes, as is granted to the possessours of the two part. And als, to the same end, that his Grace and his counsell forsaid would deceme the thrids of benefices forsaid within this realme, to be separated and divided reallie, and with effect, frome the two part, so that the kirk may intromett with the thrid part, ' Expedited. . 49& calderwood's historie 1569. as the old possessours doe with the two part ; the superplus alwise to be comptable for the commoun efFaires, conforme to the act of parhament. And, for accomphshement therof, the Assembhe giveth commissioun to thie forsaid brethrein appointed to goe to the con- ventioun at Sanct Johnstoun, with the articles before registred, that among the rest they may obteane the confirmatioun of this act." Answere givin by the lord regent's Grace, with advice of the Lords of Secreit Counsell, and others of the nobilitie assembled in the convention at Perth, the penult day of Julie. " Tuiching the Act made in the Generall Assemblie, concerning the assignatioun of ministers' stipends, my lord regent's Grace, with advice of the Lords of Secreit Counsell, and others of the nobilitie and states assembled at this present conventioun, ordeane the assignatioun to be putt in forme, and therafter to be presented to the Exchecker, to be scene and considered by the lords audi- ters therof, to the effect that the order being found good and reasonable by them, and suche of the kirk as sail happin to be present with them, provisions may therafter be made and exped therupon, according to the meaning of the said act ; providing that commissioners or procurators of the kirk, at the said Exchecker, present the names of the whole kirks in Scotland, and hoAV manie ministers are presentlie therat, to the end it may be knowne what kirks are presentlie provided, and what desolat and destitut of the ministrie ; and also, show a perfyt order, how they would the mi- nisters sould be payed by the thrids or otherwise ;• or have all the writts in readinesse, which may cleere doubts for farther reso- lution. " Tuiching the articles, desiring that the manses and gleebs may be givin to ministers for their residence at kirks, and that the law therupon may be made cleere, that it may tak executioun, and likewise concerning the reparatioun of kirks, my lord regent's Grace, with advice forsaid, promiseth that he sail caus foure, three, or two godlie, discreit, and wise men within the bounds of everie superintendent's charge, passe- with the superintendent or commis- 1569. OF THE KIRK OF SCOTLAND. 497 sioner within the coimtrie or province, and visit the manses and gleebs of all the kirks within the same, to the effect they may re- port to my lord regent's Grace and lords forsaid what is the par- ticular quantitie of everie manse and gleeb ; by whom the same is presentlie occupied and inhabited, and by what right and title ; as also, how muche they thinke sufficient for the loodging and com- moditie of everie minister and reader ; and if they may, to appoint the minister or reader with the possessor of the manse and gleeb ; and as they doe, to report, upon whose report his Grace sail hold hand, to see the kirk and ministers presentlie putt in possessioun of so muche of the said manses and gleebs as sail be thought necessar by the said superintendents and visiters, for the loodging and com- modie of the minister or reader, as said is, where there is no title to impede the same. And incace the same title by law be reduce- able, or may be declared null, his Grace sail hold hand to see jus- tice ministred therupon with expedition. And where the mater standeth in terms, that the present possessors cannot be removed by order of law, without an explanatioun of the act of parliament, his Grace sail travell to have the same act explained and made cleere at the nixt parliament, to the effect it may tak executioun in all times heerafter. And toward the reparatioun of kirks, his Grace understandeth that there are acts of Secreit Counsell suf- ficient in that behalfe alreadie, if the samine sail be putt in exe- cution. " Tuiching the article desiring that superintendents may be planted throughout the whole realme, my lord regent's Grace is content that so be done, the persons being godlie and learned. " Tuiching the article desiring that commissioners may be planted throughout the whole realme, to cognosce in causes of divorce- ments, my lord regent's Grace promiseth to tak sufficient order in that behalfe, by one of the Lords of the Sesaioun, at the nixt sitting doun therof. "Tuiching the article desiring that remedie may be provided against chopping and changing of benefices, and fewing of the same, diminishing of the rentalls, setting of long tacks in defraud of the VOL. II. 2 I 498 calderwood's historte 1509. kirk, and that all tacks sett since the assumption of the thrids may be disannulled, mth expresse inhibitioun against the same in time comming ; my lord regent's Grace ordeaneth the said article to be weiU dilated and extended, and presented to the nixt parliament, where the same sail have a good answere and resolutioun, which presentlie cannot be done, through default of a speciall and expresse law against suche abuses. " Tuiching the article desiring that the jurisdictloun of the kirk may be separated from that which is civill, my lord regent's Grace ordeaneth the persons nominated in the act of parliament to con- veene the time of the nixt Exchecker, and define and limitat the said jurisdictioun according to the "Word of God and the said act of parliament. " Alexander Hay. " Extractum ex Libro Actorum Secreti Consilij" In the fyft sessioun, Mr Johne Wood presented the regent's let- ter ; and according to the credit givin, proponed certane heeds to the Assemblie, wherunto answeres were givin. The tenor of tlie letter followeth : — " After our most heartihe commendations : Seing we are not able to present the Assemblie approaching, as our intentioun was, we thought convenient breeflie to give you signification of our meaning in writt, of the which we pray you tak good considera- tioun, and accordinglie to give yom: advertisement. Yee are not ignorant, as we suppose, what hath beene the estat of the Kirk of God within this realme, both before we accepted the burthein of regiment and sensyne : how, first, the thrids of benefices were granted, and the ministers thereby partlie releeved, and susteaned in suche sort, that nothing enlaiked that our travells could procure. The first order, indeid, was diverse wayes interrupted and brokin ; but cheeflie in that yeere when we were exiled in England, where- through the whole ministers that yeere were frustrated of their livings. Shortlie, the estat of governement altering at God's pleasure, and the king our soveran lord being inaugurated with the 1569. OF THE KIRK OF SCOTLAND. 499 crowne of this klngdome, the first thing that we were carefiill of was, that the true religioun might be established, and the ministers of the Evangell made certan of their livings and sustentatioun in times comming. Yee know at the parliament we were most will- ing that the kirk sould be putt in full possessioim of the proper patrimonie ; and towards the thrids we exped in our travell, and enlaiked onlie a consent to the dissolution of the prelaceis ; wher- into, although we were earnestlie bent, yitt the estats delayed, and would not agree therunto. And since that time to this houre, we trust yee will affirme that we have pretermitted nothing that will advance the religioun, and putt the professours therof in suretie, whereanant the whole, one onlie inlaike hath beene in the civill troubles that God that suffered the countrie to be plagued with. Now, the mater being after so great rage brought to some stay and quietnesse, it is convenient that we retm-ne where maters left, and preasse to reduce them to the estat they stood in. " One thing we must call to remembrance, that at suche time as we travelled in the parliament, to caus the estats to agree that the thrids sould be decerned to perteane to the ministrie, they plainlie oppouned them to us in respect of the first act, alledging that Avith the sustentatioun of the ministrie there was also regarde to be had to the support of the prince, in susteaning of the publict charges ; which, if they had not some releefe by that meane, the revenue of the crown being so diminished, and the ordinar charges come to suche greatnesse of force, they would be burthenned with exactions. And so, this dangerous argument compelled us to pro- mitt to the estats, that we would tak upon us, the act being grant- ed to the kirk, they sould satisfie and agree to anie thing sould be thought reasonable, for supporting the publict charges of the prince. And according to this, the commissioner depute for the maters of the church agreed to certan assignations of the thrids, for support of the king, and us bearing the authoritie. Which order had beene sufficient for the whole, if the civill trouble had not oc- curred. Yitt the disobedience growing so universallie, we are content to susteane our part of the inlaike and losse for the time 500 calderwood's historie 1569. bypast. But becaus there hath beene murmure and grudge, for that thing assigned to the king's hous and ours, and some other needfull things of the state, as that thereby the niinistrie was frus- trated of their appointed stipends, some communicatioun Avas had at Sanct Andrewes, and nothing yitt concluded whill the Generall AssembHe of the kh-k ; which now moveth us to write to you in this forme, praying you righthe to consider the necessitie of the caus, and how the same hath proceeded from the beginning ; hav- ing respect, that the kirk will be verie evill obeyed without the king's authoritie and power ; and that now the propertie of the cro^m is not able to susteane the ordinarie charges : how in the beginning, the thrids had not been granted, if the necessitie of the prince had not beene one of the cheefe causes ; and at the parha- ment, the estats, as before Ave have writtin, stake to consent that the whole thrids sould be declared to perteane to the ministrie, AvhUl first we tooke in hand, that they being made without condi- tion in favours of the kirk, the same would again condescend to so muche as might be sufficient to the support of the pubhct effaires, in furth-setting of the king's authoritie : and that, therefore, yee will noAV agree and condescend to a certan and speciall assignation of it, that sail be imployed to this use, the quantitie wherof, di- verse of your selves, and this bearer, Mr Johne Wood, our servant, can informe you ; that therafter yee may distribute to everie man having charge in the Kirk of God his stipend, according to the conditioun of the place he serveth in, at your wisdom's discretion. Heerby all confusioun, that long hath troubled the state of the kirk, toward the stipends, sail be avoided ; and some speciall pro- visioun being made for susteaning of the publict charges, we may the better hold hand to see the kirk obeyed of that w^heron the ministers sould live, as we have beene willing heertofore, and as we beleeve your collectors sail report, that during our travells in the north countrie, they have found our affections, good-will, and travell, in their furtherance. " Farther, we must putt you in minde breefelie of a mater oc- curred at our late being in Elgine. One Nicol Sutherland, in For- 1569. OF THE KIRK OF SCOTLAND. 501 resse, was putt to the knowledge of an assise, for incest, and with him the woman. The assise hath convicted him of the fault. But the questioun is, whether the same be incest or not; so that we behoved to delay the executioun wliiU we might have your re- solution at this Assemblie. Tlie case is, that the woman was har- lott of before to the said Nicol's mother brother. Heerin Mr Robert Pont can informe you more amplie, to whose sufficiencie we remitt the rest. " Moreover, at our comming to Aberdeen, there came one, named Porterfield, a minister provided of before to the vicarage of Ardrassane ; and required of us, that he might also have the vi- carage of Stevinson, seing both was a mater meane aneugh to sus- teane him, and becaus the kirks were neere, that he might dis- charge the cure of both ; we having him commended by diverse great men to the same, but thought good to advertise you, that this preparative induce not evill exemple and corruption. Alwise, incace suche things occurre heerafter, lett us understand what yee would have us to do ; as in like maner toward the chaplanreis that sail happin to vaike, wheranent, becaus there is no certan order prescrived, some confusioun standeth, some desiring them for lyf- time, some for infants that are not of the schooles, and some for seven yeeres. We are sometimes preassed to receave or confirme assignations or dimissioun of benefices, the preparative wherof ap- peareth to bring with it corruption ; and so we would be resolved how to proceed. " Before our comming from Fife, and sensyne, we have beene verie willing to doe justice on all persons suspected of witchecraft ; as also upon adulterers, incestuous persons, and abusers of the sacra- ments : wherin we could not have suche expedition as we would have wished, because we had no other probabilitie to trie and con- vict them, but a generall delation of names, the persons suspected not being for the most part tried and convicted by order of the kirk of before. This hindered manic things that otherwise might have beene done. And, therefore, we i^ray you appoint and pre- scrive how the judgement of the kirk may proceed arid be executed 502 calderwood's historie 1569. against all suche trespassers, before complaint be made to us, that when we come to the countrie we may cans execute the law, and be releeved of the triell and inquisitioun heeranent. We thought expedient to give you this for advertisement, and so remitt the whole to your care ; committing you to the protectioun of Eteniall God. From Aberdeen, the last day of June 1569. " Your assm'ed freind, " James, Eegent. " Farther, yee saU credit the bearer toward the bussinesse of my Lord of Huntlie and the Abbot of Deii%" These are the heeds proponned by Mr Johne Wood, in my lord regent's Grace his name to the kirk, conveened the 5th day of Julie, at Edinburgh, 1569, with the resolutions and answeres thereto. Imprimisy That a sufficient summe be takin off the whole thrids of benefices and rents now in your hand by the last act of parlia- ment, and particular presentations since that time, and granted for certan yeeres to my lord regent, now present, for support of the publict charges ; and that the summe may be assigned in place and rowme commodious. It is answered by the kirk, that in just consideratioun of my lord regent's Grace his necessitie in the publict charges he presentlle beareth, they have consented, and consent, that the whole summes of silver and money craved and desired by his Grace in the last conventioun of some of the lords for that effect, in Sanct Andrewes, in the moneth of May last was, be granted and allowed, and readilie answered by the collectors, when the same sail be appointed and as- signed. And for the more commodious assignatioun therof, ordeans an ample and sufficient commissioun to be made to the commis- sioners, that sail passe from this present Assemblie to the conven- tioun to be holdin at Perth the 25th day of this instant : givand and grantand full poAver to the saids commissioners, or most part of them, to assigne the forsaid summes of victuall and money upon 15G9. OF THE KIRK OF SCOTLAND. 503 suche benefices and thrids as sail be most commodious for the kirk and the regent's behove, with consent of his Grace ; and the same assignatioun to stand, ay and whill the kirk sail tak farther order heerwith : providing alwise, my lord regent sail not passe, nor solist the kirk to dispone anie farther of their rents, nor confirme anie other pension graunted furth of the saids benefices or thrids what- somever, further than law will compell the kirk to doe. Item, A speciall and resolute answere to the question of incest in- tended against Nicolas Sutherland. — Answered, The kirk findeth it incest, and so hath resolved. Item, A speciall answere tuiching the interpretation of double benefices, by Mr Johne Porterfeild, minister at Dumbartane. — An- swered and concluded, That no suche gifts sail be in time comming ; and that which is givin is dissolved alreadie. Item, Tuiching the chaplanreis which sail happin to vaike. — An- swered, The kirk agreeth that the chaplanreis be disponned to the colledges or to the poore, conforme to the act of parliament, and no otherwise. Item, An order to be takin tuiching the dimissioun or resigna- tioun of benefices. — Answered, The kirk understandeth that all dimissioun and resignatioun of benefices must be made in the hands of the kirk, the patronages alwise reserved to the lawfull patrons. Item, To know what actions yee receave to be enquired of by the ministrie ; and that the delations be so amplie tane, as a dittay may be sufficientlie formed therof, that the civiU sword may follow. — Answered, It is referred to the conventioun at Sanct Johnstoun. Item, Tuiching the desires of my Lord Huntlie and Deir. — An- swere, Becaus of my lord regent's Grace his requeist, the kirk would gladelie doe that thing which lay in their power. But by reasoun of the rigorous handling of my Lord of Hunthe, in the great necessitie of the kirk in these parts, and of the great povertie which the poore brethrein susteane presentlie in these bounds, the kirk can no wise remitt the thing that perteaneth to the poore ministers. And likewise of my Lord of Deir, who debursed his money to the 504 calderwood's historie 1569. enemeis of God,, to persecute his servants and banishe them out of the realme. Item, What they will doe tuiching my lord regent's supplicatioun in favours of George Robesone of Dundie. — Answered, The kirk agreeth heerunto in respect of manie circumstances, providing al- wise this be not a preparative to anie others. Item, A declaration how my lord regent's answers please them tuiching the precept granted to Mr James Harvie. — Answered, The discharge of the writting givin to the said Mr James and his complices pleaseth the kirk verie weill, and thanketh his Grace thereof. THE AJSrSWERE RENEWED TO QUEENE ELIZABETH'S DEMANDS. When it was made knowne to the regent and the counsell that the Queen of England was not satisfied with the answere givin to her three demands, nor weill pleased with the messinger, the counsell conveened at Stirline. It was concluded, as before, that the last heed mig-ht easihe be transacted. The secund needed no advise- ment. For in what securitie could the young king be, having joyned with him in authoritie a craftie woman, in the flowre of her age, assisted with a strong factioun threatning to restore her by force, when she is now denuded of her authoritie ? In what secu- ritie sail he be when she sail be maried to another husband ; spe- ciallie such a husband as may double her forces, and wiU not be content that his OAvne issue be excluded from right of successioun ? Seing the secund heid is so fidl of inconveniences, there is no ques- tioun to be made of the first. Robert Pitcairne, Commendatar of Dumfermline, a wise and trustie man, was sent with this answere. LETHINGTON COMMITTED AND DELIVERED BY GRANGE. The regent, understanding that the queen's factioun did grow stronger daylie, sent to Perth, to Secretar Lethington, to come to 1569. OF THE KIRK OF SCOTLAND. 505 Stirline ; for he was suspected to be the contriver of" all the plotts and conspiraceis in England and Scotland. Howbeit the regent's clemencie was too weill knowne to him, he doubted what to doe. Yitt he went, and brought with him the Erie of AthoU, a Papist and consulter with witches, to interceed for him, incase he were putt to anie strait. When he was sitting in counsell, upon the thrid of September, he was accused guiltie of the king's murther by Thomas Crawfurd, a depender of the Erie of Lennox, wherupon he was committed prisoner to a chamber in the castell of Stirline. Sir James Balfour, parson of Fliske, was committed to the casteU of Blacknesse. These two, beside that they were guiltie of the king's murther, were the cheefe devisers of the late conspiraceis and in- surrections. Lethington was brought to Edinburgh, and was com- mitted to the custodie of Alexander Hume of Northberwick. But William Kirkaldie, Laird of Grange, captan of the castell of Edin- burgh, came to Alexander's loodging about ten of the clock at night, and brought with him counterfoote letters, signed with the Erie of Murrey's hand. The other, not being ignorant how inteere he was with the regent in former times, but ignorant of his late de- fection, delivered Lethington to him. He tooke him with him to the casteU, to the great greefe of all good men, uncertan whether to be more offended with Grange his boldnesse, or the regent his lenitie. Su' James Balfour, at the earnest intercessioun of his freinds, and for the freindship he shewed when he was captan of the casteU, was sett at libertie. THE REGENT S ROAD IN THE BORDERS. Upon the 14th of September, the regent went to the Merce, where he found the Lord Hume, a godlesse man, estranged from him ; for he had beene of late drawin by Lethington to the queen's factioun. From Merce he went to Teviotdaill, to take order with theeves mainteaned by Sir Thomas Ker of Phairnihirst, and Sir Wal- ter Scot of Balcleuch. They were both upon the queen's factioun. He went from Hawick the 20th day of September, and marched 506 calderwood's historie 1569. through the dales, the English ryding through the English marches in the meane time, least fugitives and outlawes sould escape. He brought with liim to Edinburgh threescore and twelve pledges, whom he sent over the water, to be keeped for keeping of good order in the borders. GRANGE BEARETH HIMSELF STILL AS A FREIND. The regent being loath to abandoun his old and inteir freinds, sent often to Grange the informations he had receaved of his sub- scriving to a band contrived by the other factioun. He still and stifflie denyed, bearing himself as a freind to the king, and main- teaner of his authoritie. FLEEMING AND BOGHALL FORFAULTED. I find in a certan manuscript, that the Lord Fleeming and Johne Fleeming of Boghall were denounced tratours, and fore- faulted the 17th of September, in a parliament holdin at Edin- burgh ; and that their armes were rivin at the Croce, in presence of the regent and the lords. THE SECRETAR's DAY OF LAW PROROGATED. Upon the 21st of November, the day appointed for Lethington to underly triell and the verdict of an assise, manie noblemen and gentlemen repaired to Edinburgh, whom he had writtin for to mainteane him, as he alledged, in his innocencie. His freinds were all that were unfreinds to the king, or privie to the murther. Hume came with the Hepburns and other freinds to Edinburgh. Atholl, Huntlie, and the Hammiltons, came to Linlithquo; but, being charged by the regent to come no neerer, stayed. The Erie of Morton, with three thowsand, lay at Dalkeith, waiting tUl the regent sent for him. The regent, finding the convocatioun of his freinds and favourers so great by expectation, sent for the cheefe 1569. OF THE KIRK OF SCOTLAND. 507 noblemen in the toun, and spake to them, in effect, these words : " When yee interprised the revenge of the king's slaughter, I was in France. Yee desired me to come home, and take upon me the regiment. Yee caused me tak an oath, that I soidd to the uttery most revenge the murther of the king ; and yee, on the other part, swore to fortifie me. Now, there is a gentleman accused of this murther, but yee have conveened to hinder justice. Therefore yee sail understand I will continue this day of law to another time. If he be cleane he sail suffer no harme ; but if he be found guUtie it sail not ly in your hands to save him." THE ERLE OF NORTHUMBERLAND TAKIN. The Duke of Norfolk was apprehended in England, the 11th of October ; the Erie of Northumberland in Scotland, about the end of December, for a conspiracie contrived against Queene Elizabeth, wherin Queene Marie had a hand. The progresse was this : When Queene Marie was at Bolton, the Lord Scroop's castell, the matche betwixt her and the Duke of Norfollie was propouned to her by the Ladie Scroop, sister to the Duke of Norfolk. The Bishop of Rosse, and one Robert Ridolph, a Florentine, who lay at Londoun under the name of a merchant factor, laboured to perswade the duke to like of this matche. When Secretar Lethington went with the regent to England last, he laboured privilie as muche as he could with the duke, by conference with the queene, by letters sent by Robert Melvill. Ridolph was sent by the Pope, Pius Quintus, to promo ve the Roman religion in England, becaus he could not have his Nuncio there, nor anie other publict person, to traffique in suche a bussinesse. Ridolph stirred up some noblemen to a conspiracie, and brought to passe that the conspirators sould draw on the Duke of Norfolke to their societie, and make him the head therof, to whom they promised mariage with the Scottish queene. The Pope stirred up the King of Spaine to promise aide to the conspirators, that his cffaires might succeed the better in the Neatherlands. He shewed to the Frenche king what duetie he owed to the Queene of 508 calderwood's historie 1569. Scots, and what benefite he may reape by her restitutioun. Then the Pope sent furth his bulls of excommunicatioun, Avherin he absolved the subjects from then- oath of allegiance to Queen Elizabeth. The Ijulls were sent to Ridolph, to disperse them through England. When the regent was in England, the secreets of this conspiracie were not knowne ; yitt, upon a bruite of mariage betwixt our queen and the Duke of Norfolke, the queen not long after caused convoy her from Boltoun to Tudburie, where she was keeped in the cus- todie of George Erie of Shrewsburie. Howsoever the Duke of Norfolk made a shew of profession of the true religioun, yitt was he in heart a Papist. His sonnes were brought up in Papistrie ; the cheefe men of trust in his hous were Papists ; the last wife he maried was a Papist, and now, he is als bent to marie a Papist ; his cheefe complices in the conspiracie were Papists. Queene Elizabeth re- booked him for attempting the matche without her knowledge. He promised to desist, but keeped, notwithstanding, a secreit course of writting, and receaving letters from the Queen of Scots by secreit characters, all which, together with a commentarie sent to him by the Scottish Queen, the duke commanded his secretarie, Higford, to bume. But he layed them under the matt, in the duke's chamber ; and being apprehended, reveeled where they were, as George Carleton, Bishop of Chechester reporteth, in his booke intituled, " A thankfull Remembrance of God's Mercie," &c. The duke was apprehended the elleventh of October. Queen Eli- zabeth sent for Thomas Percie, Erie of Northumberland, and Charles Neveill, Erie of Westmerland, about the 14th of Novem- ber, supposing, that if they were innocent, they would come to court ; if guiltie, their purpose would sooner breake out. They, suspecting the plott to be reveeled, brake furth in open rebellioun, before anie helpe, which they looked from forane parts, could come to them. They came with displayed banner to Durhame, burnt the Bible and Service Booke, had masse in Darnton, tooke Barnard castell by compositioun. The Erie of Sussex, the queen's Lieuten- ant-Generall in the north, discovered the craft and pretences of the rebels, the 17th day of November. They were putt to flight, and 1569. OF THE KIRK OF SCOTLAND. 509 were conducted by blacke Ormeston, an outlaw, and one of the murtherers of the king, to LiddisdailL Martine Elliott and others, who had givin pledges to the regent, warned Ormeston, that if he conveyed them not out of the countrie, he sould doe the worst he might to him and them ; wherupon the Erie of Northumberland was forced to flee to Hector Armstrang of Hairlaw. The Erie of Westmorland changed his coat of plait and sword with Johne Aside, and shifted from place to place, like a Scotish borderer. The Queen of England sent a post to the regent, and desired him either to take or expell her rebells. All the lieges on this side of Forth were charged, by proclamation, to meet the regent at Peebles, the 20th day of December. Johne Carmichael of that Ilk, at the instigatioun of the Erie of Morton, pers waded Hector Armestrang to deliver the Erie of Northumberland.^ So the re- gent returned to Edinburgh the penult of December, and brought Northumberland with him. Whill the regent was in the bor- ders, Westmorland shifted from place to place, and Im-ked spe- ciallie with Phairnihirst and Balcleuche. He escaped after to the Low Countreis, where he was susteaned by a poore pensioun givin him by the King of Spaine. At the Duke of Norfolk's ar- raignement, a letter was produced, writtin to him from Queen Marie, wherin she signified her greefe, that the Erles of Westmorland and Northumberland were up in armes before the duke had raised his forces. The Queen of England was so weill pleased with the ap- ' Among the border thieves, the duty of protecting a guest composed the greater part of their moral code, so that Armstrong's dereliction was regarded by his lawless brethren with astonishment and horror. " This act of treacherie in Hector," says Lord Herries, in his History, " was so foullie constructed by all the rest of the border men, that from this tyme all men disdained his companie, even his own nearest kinsmen ; and to this day he is spoken of as an example of treasone ! For amongst these border men, their word of protection to any man in distress that comes amongst them is held sacred ; and before they breake their faith, in this kynd, they will rather under- goe any hazard whatsomever." — A stronger motive than even fear of th« regent's displeasure had probably animated Armstrong and his companions to this obnoxious deed ; for Bannatyne informs us, in his Memoriales, " These countriemen lost nothing of this truble ; for thai got his (the earl's) gold, his jewelis, and his wy ve's jewelis, estemed to a grit sowme." 510 calderwood's historie 1570. prehending of Northumberland, that she sent to the regent, to as- sure him of her assistance, and that all the forces of England sould be at his command. M.D.LXX. THE MURTHER OF THE GOOD REGENT. Upon Moonday, the secund day of Januar, the regent went over the Queen's Ferrie, where WOliam Dowglas of Lochlevin mett him, and receaved the Erie of Northumberland, to be keeped in the for- talice of Lochlevin. From thence he road to Dumbartane, becaus he was putt in hope that the castell would be randered to him upon conditions, by the Lord Fleeming. He returned disappointed, and remained at Stirline till the 22d day of Januar. In the meane time, the Hammiltons, and suche as were in the castell, or had their sonnes there, conspii-ed to cutt him off. James Hammilton of Bothwellliauche, sister sonne to the bastard Bishop of Sanct An- di'ewes, undertaketh the execution. He lay in wait for the regent returning from Dumbartan, first in Glasgow, then in Stirline. But his interprise not succeeding he cometh to Linlithquo, which de- pended muche upon the Hammiltons, where his uncle, the Bishop of Sanct Andrewes, had a loodging not farre from the hous where the regent wont to loodge. The regent is advertised before he arose out of his bed, that if he road through the toun he would be shott at. The advertiser offered, if he would appoint some to goe with him, he sould bring the tratour to him out of the loodging where he was loodged. The regent would needs hold fordward in his progresse to Edinburgh, saving onlie that he purposed to ride out at that same port whereby he entered, and cast about the toun. Yitt did he not hold on in this purpose, ather becaus he confided in the protection of the Almightie, or becaus the multitude of horse- men attending upon him was so throng in the streets. He in- tended to ryde by the place suspected witli speed, but was hindered by the throng. So Bothwellliauche shott at him with a hacquebutt, 1570. OF THE KIRK OF SCOTLAND. 511 through a tirlels ' window, from a stair wherupon were hung sheetes to drie ; but in truthe to hide the smooke, and mak the place the lesse suspected. The regent is shott a little under the navell, and neere the reines, and with the same bullet, the horse upon which George Dowglas of Parkheed, base brother to the Erie of Morton, was ryding. The murtherer fled out at a posterne gate, where he mounted upon a horse which he had gottin from Johne Hammilton, Abbot of Arbrothe, to carie him away with speed. He was re- ceaved by the Hammiltons at Hammilton, with great applause and commendatioun. The regent lighted and returned to his loodging on foote, as if he had no feeling of paine. When he was often re- membred of lenitie and great indulgence toward his greatest ene- meis, namelie, the same murtherer, he answered, that he no wise repented of his clemencie. After that this good Josias had set his hous in order, and recommended the young king to the nobles who were present, he randered his spirit in the hands of the Lord, about ellevin houres at night, the 23d day of Januar. This worthie governour was commounlie called the " Good Re- gent." His courage in the civill warres, tempered with a care of peace, was commended by all good men. He compelled all the re- bells to acknowledge the king's authoritie the first yeere of his go- vernement, and brought under obedience the cheefe ringleaders of the queen's factioun, howbeit they changed not their owne fals- hood. When he had rest from civill insurrections and commo- tions, he attended continuallie upon counsell and sessioun. His hous was like a little sanctuarie, where were not heard so muche as lascivious speeches. When the chapter Avas read after dinner or supper, it was his custome to propone questions, and to seeke re- solution of anie difficultie at the learned, of whom he had some usuallie at his table. His liberalitie was rather excessive nor with- in measure. He was affable to his owne domesticks, and yitt re- booked them more sharplie than anie other, when they gave offence. He was weill-beloved of the English, for interteaning peace bc- tweene the two realmes, and for his other vertues. ' Trellissed. 512 calderwood's historie 1570. THE HAMMILTONS' PRETENCES BEFORE AND AFTER THE MURTHER. The Hammiltons had conveened m great number to Edlnburgli before the slaughtei', under pretence to see their cheefe sett at li- bertie. But als soone as the murther was committed, they sent to the rest of the Hammiltons, pretending to disswade them from all fellowship with the murtherer, but in truthe to advertise them to be readie to tak up armes at aU occasions, as they sould be warned. Whill the regent was at Dumbartan, Glasgow, Stirline, Linlithquo, the Abbot of Kilwinning travelled with Mr Knox, that he might interceed for his freinds. Mr Knox said, " Abuse not my travells, my lord : although I be a poore man, yitt am I the servant of God, and would be loath to be spotted with anie dishonestie. If your fi'euids intend anie mischeefe, what greefe sail it be to me, to be noted a traveller for men in whom there is no truthe ! But be it as it will, I saU not ceasse to meane weiU to all honest men of that surname. I have nothing to do with your bishop, so long as he remaineth enemie to Christ Jesus. I will doe what lyeth in me for aU others that will acknowledge the king's authoritie, and serve the regent. But I protest before God, who is the onlie witnesse now betwixt us, that if there be anie thing attempted by anie of that surname against the persoun of that man, that in that cace, I discharge my self to you and them for ever ; for I am als assured as that God liveth, if yee be not quiett, the destruction of that hous approacheth." These words were spokin eight or ten dayes before the murther. The abbot made faire promises, but returned not againe to Mr Knox till the murther was committed. Then he desired conference ; but Mr Knox refused, and returned an- swere by the messinger as foUoweth : — " I have not now the re- gent to make sute unto for the Hammiltons." The bastard bishop and the duke's sonnes sent missives to their freinds and favourers, craving their assistance and concurrence for defence of the com- moun weale, as they pretended. In some letters they called the i 1570. OF THE KIRK OF SCOTLAND. 513 murther a " sudden alteratioun," and " the taking away of their enemie." The duke sold or wedsett land to Johne Somervell, Laird of Camnethen, and with the money, together with other summes collected among his freinds, ordeaned the bastard bishop his brother, and his sonnes, to wage souldiours, and to have them in readinesse upon aU occasiouns. BALCLEUCHE AND PHAIllNIHIRST PRIVIE TO THE CONSPIRACTE. In the night after the slaughter, Sir Walter Scot of Balcleuche, and Sir Thomas Ker of Phairnihirst, made an incursion in the bor- ders of England, not so muche for greedinesse of a bootie, as to provoke the English, and to kindle warres betwixt the two coun- treis, as had beene before appointed by the Bishop of Sanct An- drewes, and others of that factioun. When some said, the regent would tak order with this breache ; " Tush !" said one of their fol- lowers, " the regent is als cold as the bitt in my horse mouth." They had beene not long before in the castell of Edinburgh, where all the mischeefe was brewed, whereby it is apparent they were not ignorant of the conspiracie. MR KNOX HIS PRAYER. How heavie and dolorous was the heart of Mr Knox, after the murther of the regent, may be perceaved by this forme of prayer, which he used after dinner and supper, when the thanksgiving for bodilie sustenance was ended : — " O Lord, what sail we adde to the former petitions we know not ; yea, alas ! O Lord, our owne consciences beare us record, that we are unworthie that thou sould ather increasse or yitt con- tinue thy graces with us, by reasoun of our horrible ingratitude. In our extreme misereis we called, and thou in the multitude of thy merCeis heard us. And first thou delivered us from the tyran- nic of mercilesse strangers, nixt, from the boundage of idolatrie, and, last, from the yoke of that wicked woman, the mother of all VOL. II. 2 K 514 calderwood's historie 1570. mischeefe ; and in her place, thou did erect her sonne, and to sup-. plee his infancie, thou did appoint a regent indued Avith suche graces as the devill himself can not accuse, or justlie convict hini, this onlie excepted, that foolish pitie did so farre prevaile in him concerning executioun and punishment, which thou commanded to have beene executed upon her, and upon her complices, the mur- therers of her husband. O Lord, in what miserie and confusioun found he this realme, and to what rest ariU quietnesse now, by his labours, suddanlie brought the same, all estats, but the poore commouns, speciallie can witnesse ! Thy image, Lord, did so cleerelie shyne in that personage, that the devill, and the Avickcd to whom he is prince, could not abide it. And so, to punishe our sinnes and our ingratitude, who did not rightlie esteeme so pre- tious a gift, thou hath permitted him to fall, to our great greefe, in the hands of cruell and tratorous murtherers. He is at rest, O Lord, and we are left in extreme miserie : be mercifuU to us, and suiFer not Satan utterlie to prevaile against thy little flocke within this realme ; nather yitt, O Lord, lett blood-thristie men come to the end of their wicked interprises. Preserve, O Lord, our young king. Although he be an infant, give unto him the Spirit of sancti- ficatioun, with increasse of the same as he groweth in yeeres. Lett his raigne, O Lord, be suche, as thou may be glorified, and thy little flocke comforted by it. Seing that we are now left as a flocke without a pastor, in civill policie, and as a shippe without the rudder in the middest of the storme, lett thy providence watche. Lord, and defend us in thir dangerous dayes, that the wicked of the world may see, that als weill without the helpe of man as with it, thou art able to rule, mainteane, and defend the little flocke that dependeth upon thee. And becaus, O Lord, the shedding of in- nocent blood hath ever beene, and yitt is, odious in thy presence, yea, that it defileth the whole land where it is shed and not pun- ished, we crave of thee, for Christ thy Sonne's sake, that thou will so trie and punishe the two treasonable and cruell murthers latelie com- mitted, that the inventers, devisers, consenters, authors, and main- teaners of treasonable crueltie, may be ather throughlie converted 1570. OF THE Kiniv of Scotland. • 515 or confounded. O Lord, if thy mercie prevent us not, we cannot escape just condemnation, for that Scotland spaired, and England hath mainteaned, the life of that most wicked woman. Oppone thy power, O Lord, to the pride of that cruell murtherer of her owne husband : confound her factioun and their subtile enterprises, of wliat estat and conditioun so ever they be ; and lett them and the world know, that thou art a God that can deprehend the wise in their owne wisdome, and the proud in the imaginatioun of their wicked hearts, to their everlasting confusioun. Lord, reteane us that call upon thee in thy true feare : lett us grow in the same. Give thou strenth to us to fight our battell ; yeu, Lord, to fight it law- fullie, and to end our lives in the sanctificatioun of thy holie name." A CONFERENCE FORGED BY MR THOMAS MATLANE. Lrimediatlie after the murther of the regent was caried from hand to hand a letter, conteaning a counsell givin by the Lord Lindsey, the Laird of Pittarrow, Mr Knox, Mr Johne Wood, the Tutor of Pitcur, Mr James Makgill. The contriver counterfooteth the tongues, countenance, and afi^ections of suche as gave counsell to the regent, as followeth : — • " After most heartilie commendations : I promised to advertise you of the proceedings heere in court principallie. As concerning my lord, your cousin, they will you to understand, that at this time there is no hope of anie good wayes for him. And this I know, not onlie by diverse reports of courteours, and so muche as ' This clever production, which looks like a harmless jeu d'esprit, was, in fact, an atrocious attempt to blacken the memory of the murdered regent, while the style " and manner of each speaker was so strikingly sketched, that many appear to have been mystified by its plausibility, and to have regarded it as the description of a real event. Three copies of this pretended conference have been published of late years, two of which are in the first volume of the Bannatyne Collection, and the third in Bannatyne's Memoriales, edited by Robert Pitcairn, Esq., and pubhshed by the same society. As might be expected from a pasquinade hastily copied by different in- dividuals, and circulated in private as a contraband article, the readings of the dif- ferent versions in some points disagree. Calderwood has probably copied that of the Memorials, and adapted the .spelHng to his own time. 516 calderwood's historie 1570. I can perceave my self by my lord regent's owne specking, but also by a discourse of counsell holdin verie secreetlie, wherunto, I trust, no man in this realme is privie but they wliich namelie were called thereto, and I, who was covered. " About foure dayes since, in this toun, my lord regent went in a privie chamber, and "^^^ith him thir six persons ;. my Lord Lind- say, the Lau-d of Pittarrow, Mr Johne Wood, Mr Knox, Mr James Makgill, and the Tutor of Pitcur, which are the men in the world he beleeveth most into. When they were entered, he desired them to place themselves, for he Avould reteane them the space of three or fom*e houres. It chanced that I was sleeping into a bed within the cabinet, so weill hid, that no man might perceave me ; and after I was wakenned with the bruite of their entrie, I might easilie heare e verie word that they spake. Then first my lord re- gent sayeth to them, ' I have conveened you at this time, as the men of the world in whom I putt most confidence, and whom I be- leeve would fainest have my estat standing, to give me your faith- full advice familiarlie, for my advancement and standing. Yee see how manie ly out from me, and manic that were with me in the beginning of this actioun are miscontent with my proceedings ; wherefore, I would desire you to declare to me your opinions how I may best stand, and sett fordward the purpose yee wote of.' " And after he had thus spokm, he commanded my Lord Lind- say to speeke first, who said, ' My lord, yee know of old, that I was more rash nor wise. I cannot give you a verie wise counsell, but I love you weill eneugh. To be short, what sould yee doe but use counsell, which yee will never ? Therefoi-e, I thinke manie times, the devill gart nle make you regent. My lord, mak us quite of thir Matchiavelian and bangester^ lords, that will circumveene you with then' policie, and wracke you with force ; and when yee fall to them, bourd not with them. For, by God's bread, if yee take them in mowes, I will goe to the Byres, and hauke, as I did this last time at Stirline. But gar them daunce headlesse, and then ilk good fellow may gett a lumpe of their lands, which will 1 Turbulent. 1570. OF THE KIRK OF SCOTLAND. 517 gar thein fight like swine, and other men will be sure of the spang of their taile.' And if there be anie stout carle that will fight, sett me till him, and yee sail see that I sail give him a targatt and scrotchard :^ and if he be a hote man, I will lett him play him a while, syne take him a cowpe-darier. And when the principals are past, yee may doe with the gogeis^ what yee list. If we had this old Craig* in our hands, I would like maters the better. Yee know I will not speeke Grange. But lett him ly there whill the principals be dispatched, then give him an heele wedge. But yitt, I thinke to be even with him, for taking the Erie of Rothesse' part against me.'^ " Yee will not beleeve, when he putt on his bonnet, how great a laughter was in the hous. And syne, my lord regent sayeth, ' Yea, Weill, sirs ; for all his rashnesse in specking, he kenneth weill aneugh wherat he would be :' and then they SAVore all, with one voice, The deviU speed them, but my lord hath spokin AveiU !^ " Nixt my lord regent caused Johne Knox to speeke ; who, looking up to the heaven as he had beene beginning a prayer be- ' Grasp of their tail, i. e. a sure hold of them. This expression alludes to the sport of swine-chasing at fairs and wakes, in which the animal was only to be caught by the tail, which was greased, to make the feat more difficult. 2 A scrotchard was some weapon of offence. By this swash-buckler phrase of target and scrotchard, Lindsay perhaps means that he will give them both parry and thrust. 3 Silly fellows. The bangster lords he has already disposed of, and the Machiave- lians he leaves to wiser heads. ^ By the Craig he probably means the Castle of Edinburgh, as by a natural transition he immediately passes to its governor, Kirkcaldy. * The blunt-witted but stout-hearted Lord of the Byres, who was so effective a champion of the Reformation, has been distorted into every form that wit or malig- nitj' could devise, chiefly, it is to be suspected, from the alleged harshness of his dealings with Queen Mary. The following sketch of him, from among many others, will illustrate this bitterness of party feeling : — " He had," says the historian Black- wood, " the figure and shape of a man, and could speak ; but as for any thing else, he was so stupidly brutal, that he differed in nothing from that animal of whom Mar- cus Varo speaks, which had a soul given him in place of salt, to keep his carcase from stinking." ^ Putting such an oath into the mouths of such grave personages was a slip of the pen that could only be justified by the fact, that hard swearing was a very pre- valent fashion, from which only the more strict of the reformers were free. 518 calderwood's historie 1570. fore seiinoun, (for by a hole I might behold their countenance, and so see what they did ;) and after he had keeped silence a good space, he beginneth with a sture and brokin voice, and said, ' I praise my God greatumlie that hath heard my prayer, which often times I powred fiirth before the throne of His Majestic, in anguish of my heart ; and that hath made lais Evangell to be preached with so notable a successe, under so weake instruments ; which, in deed, could never have beene done, except your Grace had beene con- stituted ruler over his church, especiallie indued with suche a sin- gular and ardent affectioun to obey the will of God, and voice of liis ministers. In respect wherof, I embrace, as the servant of God, your Grace's good-will and zeale to the promotioun of God's glorie, and as Jahne Knox favoureth your Grace better than anie man upon the face of the earth. Now, to explaine to your Grace my judgement concerning your owne standing, which being so joyned with the establishing and standing of the ku'k ; yea, seing the weelfare of God's kirk so dependeth upon yom- Grace, that, yee circumveened, it is not able to endure anie long time ; there- fore, it seemeth to me necessar, both for the honour of God, the comfort of the poore brethrein, and the utilitie of this commoun weale, that first yom* Grace, nixt yom- estat, be preserved in equaji- tie of time, and not to prescrive anie diett of fyfteene or seventeene yeeres, leaning more to the observatioun of politick lawes, than the approbation of the Etemall God. As I could never away with thir joUie witts, and politick braines, which my Lord Lindsay calleth Matchiavel's^ disciples, so would I wishe they were out of the way, if it were possible. And I trust surelie, if first your Grace, and syne the nobilitie of that confederation, had past to work with als great magnanimitie as I uttered my judgement simplie and assru'edlie in my sermouns made expresslie for that purpose, the mater had beene farther advanced nor it is, or sail be this long time, if God send not better successe than my sorrowfuU heart perceaveth. Siclyke, these of the nobilitie who would hinder your ' Maitland of Lethington, the dreaded and distrusted of all parties, had alreadv acquired the name of Machiavel. 1570. OF THE KIKK OF SCOTLAND. 519 Grace's pretence, though they seem not so in the eyes of the blind world, I have preached openlie, and yitt day lie crave of (iod, that they may be confounded with that wicked woman unto whom they cleave so obstinatlie, and that their posteritie may di'inke of the cuppe prepared for the judgement and punishement of their child- rein. Heerin I agree with my Lord Lindsay, who spake imme- diatlie before. But me thinke, to establishe true religioun, to ob- teane this, I say, we must have a farther respect and consideration than this ; that is, that the governement be established in your person, so long as yee live. For when this bairne, whom we call now king, sail come to age, doth anie man thinke that he will leave off royall insolencie, and suffer himself to be ruled by the simplicitie of the Evangell ? What good hope can we have of the childe borne of suclie parents ? I will not speeke of the suspicioun that may be concerning the man that was killed. But though he be his whose he is called, what can Ave lookc for, but, as it were, the heretage of the slaine's lightnesse, and the mother's iniquitie ? If Johne Knox his counsell be followed, the estat of the Evangell, and professors therof, sail never be givin over to suche a hazard. Better it is to content ourselves with him of whose modestie we have had good experience, both in wealth and trouble, than to change from the gravitie of an aged ruler, to the intemperancie of an unbridled childe. Your Grace hath perceaved, how the Blast of my Trum- pet against the Regiment of Weomen is approved of all the godlie. I have writtin, in like maner, and have it readie for the printing, a booke, wherin I prove, by sufficient reasons, that all kings, princes, and rulers, goe not by successioun ; and that birth hath no power to promote, nor bastardie to seclude, men from the government. This will waken others to panse' more deepelie upon the mater. Besides this, we sail sett furth an Act in the Gencrall Assemblie ; and both I, and the rest of the brethrein, sail ratifie the same in our daylie sermons, till that it be more nor sufficientlie perswaded to the people. This being solemnlie done, the Booke of God open- ed and layed before the nobilitie, who will say the contrare, except ' Think. 520 calderwood's historie 1570. he that will not feare the weightie hand of the magistrat striking with the sword, and the censure of the kirk rejecting him, as the scabbed sheepe from the rest of the flocke, bj excommunicatioun ? This sail also serve, in eventure the king depart off this life, (as we are all mortall,) to keepe us furth of the hands of Lennox and Hammilton, whose imperfectiouns are both notorious. Then your Grace being thus advanced by God, we doubt nothing but yee sail be thankfiill, in punishing but pitie all that displease the church, and provide that the servants of God be honorablie entreated with a portioim of this commoun Avealth, according to their calHng,' And so he held his peace. " Then my lord regent said. ' Yee know I was never ambitious. I will not oppone my self to the will of God, reveeled by you, who are his true ministers. But, Johne, heare yee ; tell your opinioun in the pulpit.' Which, when he had promised to doe, the Laird of Pittarrow was desired to speeke, who said, — " ' Sir, and it please your Grace, that which our brother Mr Knox hath spokin hath ever beene my opinioun : for, to be plaine, except that yee be so weill hefted in the authoritie, that yee can- not be takin furth of it, I cannot see how this commoun wealth can stand. But for bringing this mater to passe, beside the furtherance that standeth in the minister's hands, yee must have some other respect ; that is, that yee have the strenths in your hands. Stir- line is Weill, so long as yee and my Lord of Marr agree so weill to- gether as yee doe ; but I woidd wishe that the king were in your owne hands. For your Grace knoweth what guiding my ladie hath of your uncle, and yee know whose sister she is. Edinburgh,' say- eth he, ' hyme ! hyme !' shaiking his head ; ' it were better that both the hous and the plenishing therof were in your brother's hand, or some other that loveth you weill, as your brother doth. To gett Dumbartane, I would not sticke for geere, yea, albeit I sould give als muche as ^ir James Balfour gott.^ A king seeking treasoun may find land. And yee like, yee may ay gett your hand beyond ' Balfour, for surreudei-ing the castle of Edinburgh, v.as rewarded with the lands of Strathkinnes and Ballonc. 1570. OF THE KIRK OF SCOTLAND. 521 ray Lord Fleeming. I heare say, the Lord of Morton is traffiquing to gett the hous of the Basse ; which, if he doe, he will stoppe some devices your Grace knoweth. And, therefore, were I in your Grace's stead, I sould be betwixt the kow and the corne. I teU you that that old craig is a good starting hole : at the least, it would serve to keepe them that yee Avould be sure of. And if there be anie other great strenth within this realme, I Avould have that by some moyen in my hands. But, besides the strenths, yee must have respect to some great houses, that will never lett you come to honour, so farrc as they may, siiche as Hammilton, Lennox, Argile, Huntlie, that pretend to the crowne ; and other men that have over great power in this countrie, as Morton, Atholl, Hereis, Hume, Phamiihirst, Lethington, Sir James Balfour, Tullibardine, and di- verse others, whom your Grace hath in tickett. This I would yee handled as it hath beene oft times devised.' " Nixt him spake the Tutor of Pitcur on this maner : ' My lord, when Hannibal went to conqueisse Italic, he made himself strong with men of warre, wherunto he gave wages. Sci[)io, when he past to Africa, and to destroy Carthage, did the lil^e. Even so, my lord, if your lordship will do weill, make yourself strong with waged men, both on horse and foote. And so, 1 thinke, with some strangers, yee may easilie conquer this countrie.' " When he had shortlle spokin to this effect, Mr Johne Wood beganne, and said, ' My lord, I trust my uprightnesse in your service hath sufficienthe perswaded your Grace that I am no flatterer, and upon the otiier part, addicted to no factioun ; wherethrough both I will, and may give your Grace a faith- full counsell for your behove, whom I love enteerelie in my heart, both for your owne Grace's good nature, and profite of the com- moun wealthe. For in good faith, as I have said often times, if I knew there were anie vice in you, I sould never serve you. I wrote long since a long discourse how yee sould behave yourself, of the which I will remember you at this present of a few heeds, in stead of my counsell. Zenophon, in a little prettie booke, intituled Cyri- paideia, writteth, that a captan that desireth to vanquishe his ene- 522 calderwood's hjstorie 1570. meis sould use strenth, moyen, subtilitie, craft, deceate, leesings, soothsayings, oathes, liberalitie, and crueltie. This precept I would your Grace sould note. Secundlie, I have ever said, that this na- tioun cannot be dauntoned with babishnesse. Propone to yourself the Duke d' Alva's exemple. Yee must come in there, and be bold among them, and that will gar aU their hearts tremble, and their haire start widdershin. ThridHe, The prince can never doe anie no- table enterprise, except he be right politick. Yee must have a fac- tioun both within the countrie and without, to repose upon. And now, to speeke how to putt thir things in executioun. To speeke of the last heed, the men yee are to repose upon, in Scotland, are the precise Protestants ; for the nobilitie and their bands of men are a packe of false, greedie tratours : without the countrie, the Queen of England and Ladie Katherine's ^ factioun ; for what recks you who brooke the crowne of England, so they be your freinds ? I would not yee sould cast away yourself, for conquissing of kingdoms to the queene's sonne. It is meete also to be confe- derated with the princes of Almanie that are of the religioun, and the King of Denmarke ; and ere yee faile, lett some of Scotland or Orkney slippe with him, for yee gett not meekle profite of it. The best way to gett silver is, to caus the king's rents to be lifted by a faithfiill man, to your behove. I cannot tell where yee sail gett one better than my father, the Laird of Pittarrow.^ Nixt, gar tak aU the benefices to the crowne ; for why sould thir idle belleis brooke these rowmes in the kirk's name ? And give the ministers the thrid, and hold the two part to yourself. The ku-k lands that are fcAved, make you to reduce them all ; for that way, yee sail have the whole fewes in your owne hands, or get great summes of money ' Katkerine Gray, sister of Lady Jane Gray, and heiress of the house of Suffolk, was one of the claimants to the crown of England, the superior right of Mary Stu- art being set aside. Her history is one of the most tragical that occurs during this fearful period of oppression and bloodshed. She died in the Tower in 1567 ; but her claims, which descended to her children, were strongly advocated by the Protest- ant party in England, in preference to those of the Scottish queen, on account of the Protestantism of the Suffolk family. ' For Pittarrow's talents as a financier in this way, sec ante, p. 1 12. 1570. OF THE KIRK OF SCOTLAND. 523 in compositioun. And syne, of tliir noble men who have offended, and riche burgesse carles, lett none passe without debursing of sil- ver. And I trust, if yee behave yourself wiselie, yee may gett everie yeere some little pott of wine ^ out of England to pay your men of warre. Feede France with faire words, and looke als muche to the admiral's factioun 2 as yee may. As for the nobilitie, yee see they are divided in two parts. Some are great men and puissant, some are feeble and gogeis. Of the one sort are they that my father, the Laird of Pittarrow, hath reckoned, and the rest, that your Grace hath in bill. Let these childer want the heads, which sail both make you quite of their cummer, {quia mortui non mordent,) and sail cans others stand in awe. Make the simple band a coine hous, and gar them pay everie yeere a good tribute. More- over, yee must change all the offices both of court and sessioun, and others in the countrie. Putt in men of your owne creatioun ; feede the simple with faire w^ords ; boast the faint-hearted, dispatche the men of spirit, and make a new forme in this countrie. As for the strenths, my father hath spokin weill ellis. But I must eeke this one word concerning the Laird of Grange, to traj)pe him. Cause Alexander Clerk, Mr Knox, David Murrey, and others of his ac- quaintance, both write and say hc is evill spokin of through the countrie for lying out frome your Grace, and that cannot stand with his honour ; and able^ he will give credite. Which if he doe, afld yee gett him once in your hands, yee know what is devised. I need to speeke no farther. If yee will know other things in spe- cial!, take the paines to read my discourse once againe, and I sail come to-morrow to your Grace's rysing, and explaine it point by point, that yee may be the more resolute.' " And after he had done, my lord regent sayeth, ' Now, Clerk of ' Pot de vin is an expression still used in France to designate the present given to the broker on the conclusion of a bargain. Perhaps this is a sly allusion to the gratuities which ]\lurray was alleged to have received for his compliances with the wishes of Elizabeth. ^ Admiral Coligny. '* Perhaps. The word is now usually aiOlinn. 524 calderwood's histoeie 1570. Register, lett us heare you : becaus ye are a wylie cheild, we keeped you to speeke hindmost, to speeke plainlie ; for sorrow a bodie heareth us but our selves, nor yitt sail heere.' But I thought, ' Sorrow fall you, and God save me, that lyeth heere, and heareth Weill eneugh all that is spokin !' Then the Clerk-Register said, ' My lord, I am an evill discourser, but I will speare a question : If you would save yom- owne life and state ?' ' Yea,' quoth my lord regent. ' Then, my lord, yee must putt them out of the way that may or hath desire to hinder you. The time hath beene when I would my Lord of Morton had beene weill. But now, since he trusteth other men, or his owne phantasie, better than me, and runneth not your course, lett him passe among the rest, syne wyte the nifferers. As to the strenths, in good faith yee must have men of your owne impositioun. I grant all these that are of Matchiavell's doctrine will say that they have done your Grace good service. But the clerk, Blair, said, ' Matchiavel is an evill booke, and I would he had beene burnt seven yeeres since.' That be there and heere, good yeere. Remember yee what the old Bi- shop of Dumblane said, in the yeere of God 155G, when I was commissioner at the border : ' Princes sould not be windie,' quoth Mr Henrie : alas ! in good faith, he was a good companion ; he could have told you his minde. They say they have manie against you : Weill, I am als old as thir folkes, and have scene the fashioun of Scotland als weill as another. Though they have the tongue,*! can tell the taile. Yee wiU gett als manie to tak your part as the contrare will be against you, and one moe. Tak there an answere.' " In a Avord, when they had all done, my lord regent said, it was an heavie burthein that lay upon him, and yitt he would underly the same, als long as he might, and depend upon their counsels allan- erallie ; praying them to advertise him when he keeped not all liis kowes ; for the thing they spake he judged all to be true. " By this day's talking yee may judge what was meant. I can- not write all that was spokin, but this was the effect, so farre as I remember. Surelie maters are evill guided heere, and I can per- ceave nothing but great crueltie, deceate, and dissolutloun. Sup- 1570. OF THE KIRK OF SCOTLAND. 525 pose I beare a faire countenance, and have a reasonable dresse in court, yitt I mislyke verle farre the things I saw, and would wishe all the nobilitie knew what I know, concerning their owne wracke. I trust they sould not be so airch to putt remedie to thir incon- veniences. Advertise, my lord, your cousin of this, and desire him to provide for himself ; for heere there is nothing but ' Geld him ! ' Thus, fareweill." MR KNOX HIS PURGATION. The Abbot of Kilwinning sent this letter, or fained advertise- ment, to the Erie of Argile. He sent it to the Erie of Marr. His brother, Alexander Areskine, howbeit a Papist, after he had read it, said, "Heere are the most malicious lees that ever man in- vented !" David Forrest, called the Generall, gave the copie of it to Alice Sandelands, Ladie Ormeston, and affirmed it to be true. She brought it to Mr Knox, and asked if it was true. He answered, " Yee sail know my answere afterward." So, the nixt preaching day, he rehearsed the contents of it, and declared that the devill, the father of lees, was the cheefe inventer of that letter, whoso- ever was the penman, and threatned that the contriver sould dee in a strange land, where he sould not have a freind neere him to hold up his head. The author, Mr Thomas Matlane, brother to Lethington, was present and heard. When he was going out at the kirk doore, he confessed to his sister, the Ladie Trabrowne, that he had forged that letter. But, as the servant of God de- nounced, it came to passe ; for he departed out of this life in Italic, whill he was going to Rome. THE BURIALL OF THE GOOD REGENT. Upon Tuisday the 14th of Februar, the regent's corps was careid from the Abbey of Halyrudhous to the Great Kirk of Edinburgh, and was bureid in the south ile. Mr Knox made a sermon before the buriall upon these words, " Blessed are these that dee in the Lord." 526 calderwood's historik 1570. Manie of the nobilitie were present. He moved three thowsand persons to shed teares for the losse of suche a good and godlie go- vernour. This epitaph following, made by Mr- George Buchanan, was engraven in brasse, and sett above his tombe : JACOBO STEWARTO, MORAVIA COMITI, SC0TI.E PROREGI, VIRO -ETATIS BV2E LONGE OPTIMO AB INIMICIS, OMNIS MEMORI^ DETERRIMIS, EX INSIDIIS EXTINCTO, CEU PATRI COMMUNI, PATRIA MCERBNS POSUIT. LETHINGTON PURGETH HIMSELF BEFORE THE COUNSELL. After the buriall of the good regent the lords assembled to con- sult upon the effaires of the countrie. Lethington was brought doun from the castell to the counsell. He purged himself of pri- vitie to the murther of the king or the regent, or stirring up of re- bellioun in England. The Lord Uchiltrie desired him to give his oath, for their greater satisfactioun, which he did ; and offered to underly triell, whensoever the freinds of the deceassed king sould crave it. So he was sett at libertie. A REASONING UPON THE REVENGE OF THE MURTHER OF THE REGENT. William Dowglas of Lochlevin, and his brother Robert, craved summar execution of justice against the murtherers of the regent, seing the most part of that surname had beene denounced tratours, before the murther. All agreed that the offender sould be pun- ished ; yltt were they otherwise of diverse opinions. Some would have had a day appointed to suche as were suspected of the mur- ther. The names of sindrie were delated. Others were of opi- nioun that they sould not await upon anie day of law, to be granted to them who had alreadie takin ai-mes to defend that deed which they had alreadie done ; and that they sould rise in armes, not onlie against them, but also against all suche as had beene before de- 1570. OF THE KIRK OF SCOTLAND. 527 nounced rebells. The barons and gentlemen were earnest this way. Atholl, inspired by the secretar, would have them to delay till there were a fuller assemblie of the nobilitie. The Erie of Mor- ton was of opinioun that the confounding of manie faults would tak away the principall ; and to joyne others guiltie with the mur- therers might bring on civill warre ; and therefore advised all things to be done by order of law, and the 1st of May to be appointed for a full conventioun. The barons were offended at delay of time ; preferred a bill to the lords, and craved, First, That the murtherers, and all that were privie to it, mainteaned or assisted the same, sould be openlie condemned by their letters, in the king's name. Nixt, That none, under paine of treason, tak upon them to mak anie in- novatioun in religioun, or derogat from the authoritie already esta- blished. Thridlie, That all men sould abhorre the societie of the Hammiltons, till their cheef, and suche as were suspected guiltie, had purged themselves sufficientlie. Fourthlie, That the main- teaners and resetters of the murther sould be persued with all hos- tilitie. Last, That they would not consent that anie infidele or wicked man, favourer of the queen's factioun, sould be advanced to governe in the king's name. But the secretar, soule to the Erie of Atholl, wrought so in that obstinat and witlesse man, that nothing could be done till a fuller conventioun. Manie were offended at this delay, becaus it would be said that all things Avere done at the pleasure of the king's enemeis : that they had thus protracted time, to the end that the greefe for the murther of the regent might vanishe away by little and little. THE ELECTION OF THE REGENT DELAYED. At this conventioun they had almost condescended, that one of these whom the queen had chosin tutors, before her resignatioun, sould be chosin regent, provyding he had not declynned to the queen's factioun. But Lethington, mynding nothing but conmio- tioun, alledged that the rest of the nobilitie were to be warned, least they sould querrell the electioun. Atholl and some few as- 528 calderwood's historie 1570. sented. The rest made no great opposition, judging it expedient to tak away all occasioun of calumniating, howbeit tliey saw no benefite to be reaped by this delay. THE ENGLISH AMBASSADER'S DEMANDS. Queene Elizabeth had sent ambassaders, before the death of the good regent, to demand the deliverie of her rebels. He gave them audience at Stirline, but willed them to attend for an answere at Edinburgh ; but he is cutt off by the way, and they departed. Sir Thomas Randolph, a man weiU acquainted with the fashiouns of our countrie, and weill beloved of our nobiHtie, was sent in ambas- sadge, and came to this conventioun. He offered, in his mastresse' name, becaus her Majestic was not ignorant of the tumults latelie raised, that if, by reasoun of the troublesome time, they could not compell the disturbers of the peace to make satisfactioun for the wrongs done at the late invasions of the borders, to joyne her forces with theirs. If they could not doe this muche she would persue them with her owne armie, without anie harme to others. Ther- after he advised them to be carefull to defend and preserve true re- ligioun, peace, and obedience to their prince. He shewed how odious a crime treason was. No resolute answere could be givin before the 1 st of ]\Iay, becaus no regent was as yitt chosin. A FAXtreD OFFER OF THE OTHER PARTIE TO REVENGE THE MURTHER. At the dissolving of the conventioun the Erles of Morton, Atholl, and Cassils, Lords Ruthven, Methven, and Uchiltrie, and the com- moun officers, were left counsellers, to keepe the countrie in some order. But Cassils and Atholl left them. The Hammiltons with their band, Argile, Boyd, Phaimihirst, Balcleuche, Lochinvar, as- sembled in Glasgow, the 17th of Februar. Frome thence was a letter directed to Morton and the secretar, subscrived by Argile and Boyd, bearing that they were ignorant who were guiltie of the 1570. OF THE KIRK OF SCOTLAND. 529 murther of the regent, and would gladelie concurre with the rest of the nobilitie, to consult and advise with them, upon the searching and punishing of the same, if they would come to Linlithquo, Fawkirk, or Stirline, for they would not come to Edinburgh. Mor- ton went to the castell, to consult with the secretar, but they could not agree upon an answere. phairnihirst's demand. At this same time Sir Thomas Ker of Phairnihirst wrote from Linlithquo to his father-in-law, the Lau'd of Grange, desiring him, if he could, to procure that the Queen of England would stay her armie, and upon that conditioun oiFered to quiett the borders : otherwise he would continue in his attempts, not doubting but good subjects, obedient to the queene their soverane, woidd aide him ; and hoping that there would aide come shortlie out of France to them. THE twentieth GENERALL ASSEMBLIE. The Generall Assemblie, which sould have holdin in Stirline the 25th of Februar, was continued till the first of Marche, to be holdin in Edinburgh, becaus none were conveened but three or foure, by reasoun of the troublesome time. So the Assemblie held at Edin- burgh the first of Marche. Mr Johne Craig, minister of Edin- burgh, was chosin Moderator. the ORDER OF THE ASSEBIBLEIS PROCEEDINGS. Mr Knox, Maisters Johne Craig, Johne Row, William Christe- sone, were appointed to consult upon the order of proceeding in actiouns to be treated in the Assemblie ; Avhicli they did, as fol loweth : — First, That the moderator of the last AssembHe sail make tn exhortatioun in the nixt Assemblie ; which being ended, the As- yOL. II. 2 L 530 calderwood's historie 1570. semblle sail proceed to the choosing of a new moderator, and so forth, from Assemblie to Assemblie. Nixt, Sail follow the triell of superintendents and commissioners for planting of kirks ; with the complaints, if there be anie, of su- perintendents, commissioners, or anie others, upon ministers. Thridlie, The penitents remitted to their superintendents or mi- nisters at anie preceeding Assemblie, sail be receaved according to the order appointed by the last Assemblie ; and injunctions sail be givin to other notorious criminal! persons, that ather are summouned by the superintendents, commissioners of kirks, or of their owne fi-ee will moved with hatred of their vice, present themselves to the Generall Assemblie. Fourthlie, Suche things as were not decided at the preceeding Assemblie, and remitted to the nixt, or referred thereto by the Lords of Sessioun, auditors of the Excheeker, or otherwise, sail be decided and decerned upon. In the Fyft place. Collectors saU be called to give in their ac- compts for their diligence ; namelie, the names of suche as they have putt to the harne, that a remedie may be provided ; and als, that they may be discharged or continued, as occasioun sail serve. In the Sixt place. The complaints of countreis for want of su- perintendents sail be heard and provided for, according to the ne- cessitie of the countrie which requireth ; and appellations, made frome the Synodall Assemblies to the Generall, sail be receaved. In the Seventh place, Questions proponed the first and secund day of the Assemblie sail be decided by suche as sail be appointed to that effect. In the Eight place, All bills and complaints sail be read and an- swered. THE BISHOP OF ORKNEY'S ANSWERES TO THE OFFENCES LAYED TO HIS CHARGE. The Bishop of Orkney presented his answeres to the offences layed to his charge. To the First he answered, That it is true, that. 1570. OF THE KIllK OF SCOTLAND. 531 in the 58th yeere of God, before the reformatioun of religioun, he was, according to the order then observed, provided to the bishop- rick of Orkney ; and, when idolatrie and superstitioun were sup- pressed, he suppressed the same also in his bounds, preached the Word and ministred the sacraments ; planted ministers in Orkney and Zetland, dispouned benefices, and gave stipends out of his rents to ministers, exhorters, and readers ; and when he was commis- sioner, visited all the kirks of Orkney and Zetland twise, to the ha- zard of his life, in dangerous stormes on the seas, whereby he con- tracted sicknesse, to the great danger of his life, till he was sus- pended from the exercise of the said commission in the yeere 1567, by reasoun of his infirmitie and sickenesse, contracted through the aire of the countrie, and travells in time of tempest ; at what time he desired some other place to traveU in, which was then thought rea- sonable. As for dimitting of his office, he denyed that ever he dimit- ted to my Lord Robert the same, or anie part therof ; but that the said Lord Robert violentlie intruded himself on his whole living, with bloodshed, and hurt of his servants ; and after he had craved justice, his and his servants' lives were sought in the verie eyes of justice, in Edinburgh ; and then was constrained, of meere necessitie, to tak the abbacie of Halyrudhous, by advice of sundrie godlie men, becaus then we could not have the occasioun of a Generall As- semblie. As to the Secund, he denyed that he had abandonned absolutlie the preaching of the Word, or that he intended so to doe ; but was to bestow his travells in preaching, as the abilitie of his bodie, and sickenesse wherunto he was subject, would suffer or permitt. He confessed, that, in the 1563 yeere of God, he was required by the king's mother to be a Lord of the Sessioun, which he accepted, with advice of godlie and learned men, compting it not repugnant or contrarious to anie good order as yitt established in the ku-k ; and alledged, that diverse others having benefices have done the like, and are not condemned for so doing. Yea, he doubted not to affirme, as the office itself was allowable, so it sould be profitable for the kirk, that manie preachers of the Evangell were placed in 532 calderwood's historie 1570. the Sessioun. Item, Seing superintendents and liiinisters are, and may be, temporall judges in other inferiour offices, and no fault layed to their charge, he woundered why it sould be compted a fault in him onlie. As for the latter part of the secund article, he answered thus : " With pardoun and reverence of the Asserablie, I may declare that I never delyted in suche a stile, nor desired anie such arrogant title : for I acknowledge my self to be a wonne of the earth, not worthie anie reverence : giving and attributing to my God onlie all honour, glorie, and reverence, with all humble sub- missioun." To the Thrid article he answered. That it is true he had sett an assedatioun of the fruicts of the bishoprick of Orkney to the said Lord Robert, for the yeerhe payment of certan dueteis conteaned in his tacke. And albeit the said Lord Robert, for payment of a part of the yeerlie duetie foresaid, assigned unto him a certane pen- sioun, which his bairns had assigned unto them, of the fruicts of the abbacie of Halyrudhous, of which pensioun they had confirma- tioun by act of parliament, and were in reall possessioun, without impediment, diverse yeeres ; with provisioun also, that incace it sail happin the pensioun be evicted frome them, the said Lord Robert sail pay to Mm so muche silver, victuall, and goods of the fruicts of the bishoprick af Orkney, as extend to the just valuatioun of the said pensioun ; which thing is done, and permitted universallie throughout the whole realme, that anie ecclesiastical person may sett a part of his benefice in tacke, for the yeerelie payment of a just duetie. And so, there is nothing bought or sold in defraud of ministers. But by the contrare, he being troubled by vertue of letters of horning, at the instance of the collectors of the kirk, and also at the instance of Lord Robert's bairas, charging him to make double payment, he meaned himself to the Lords of Sessioun, de- siring both the parteis to be called before them, and to decide who had just title. Which actioun was yitt depending before the Lords, to his great hurt. For, in the meane time, his whole living is se- questrated ; and, incace the collectors of the kirk evict, he will gctt recourse and payment of the fmicts of the bishoprick ; and thai he 1570. or THE KlllK OF SCOTLAND. 533 had made no other plea or iiupedmient, by himself or by his procu- rators. To the first part of the Fourth article he answered, That he had no commissioun to plant or visite, since his entrie to the said ab- bacie ; but if they would give him a conjunct charge with the Su- perintendent of Lothiane, he sould so travell, that they sould be satisfied. As to the secund part, he answered. That the whole thrids of the benefice of Halyrudhous are to be payed furth, ather to the collectors of the kirk, or to the Lord Robert's bairns. And attoure, the most part of the fruicts of the two part of the said ab- bacie is assigned and givin furth in pensiouns to diverse persouns before his provisioun ; and yitt hath payed to the ministers their stipends, as they were wont to receave furth of the said abbacie, and hath augmented some ministers' stipends : and also, if the plea depending before the Lords were decided, would be als liberall in the sustentatioun of ministers as become him, having respect to the rent of the benefice ; and withall desiring, that so manie mini- sters, some times channons of the place, having a great part of the living therof assigned out of certane kirks now altogether desti- tuted, might be charged to serve rather in the said kirks than in others, as other channons doe in other kirks wherof they receave their living ; and promised, if so were done, to augment their sti- pends largelie. As to the Fyft, he answered. That he was but of late come to the benefice, and the most part of these kirks were pulled doun by some greedie persons, at the first beginning of the reformatioun, which have never beene helped or repaired sensyne ; and few of them may be repaired by his small portioun of the living, but spe- ciallic the Abbey Ku'k of Halyrudhous, which hath beene these twentie yeeres bygane ruinous, through decay of two principall pillers, so that none were assured under it ; and two thowsand punds bestowed upon it, Avould not be sufticient to ease men, to the hearing of the Word, and ministratioun of the sacraments. But with their consent, and helpe of an established authoritie, he was purposed to provide the meancs, that the superfluous ruinous part, 534 calderwood's historie 1570. to witt, the quire, and the croce kirk, might be dispouned by faith- full men, to repaire the remanent sufficientlie; and that he had also repaired the kirk of Sanct Cuthbert's and Libberton, that they ■were not in so good cace these twentie yeeres bygane. And far- ther, that there was an order to be used for reparatioun of ku-ks, wherunto the parochiners were obhshed as weill as he ; and when they concurred, his support sould not be enlaiking. As to the last, he denyed that he spake anie thing but that which he spake in the last Assemblie, in their owne audience. God forbid that he sould be a detracter of God's ministers for anie privie injurie done to him, as he alledged none ; and if there were anie, he would rather burie them, than hinder the progresse of the Evan- geU, As for absenting himself from their preaching, he answered, he onlie keeped his owne parish kirk where he had receaved the sacraments. These were his answeres to the heeds of the complaint made upon him. For he was charged with the simonaicall change of the bishoprick of Orkney with the abbacie of Halyrudhous, and dimitting the same in the hands of an unqualifeid person ; and had, simpliciter, left the office of preacliing, giving himself dayUe to the exercise of the office of a Lord of the Sessioun, which required the whole man, and cannot both be discharged by one man ; That he reteaned stiU the stile of the bishoprick, and stiled himself with Roman titles, as, " Reverend Father in God," which belong not to the ministers of Clirfet : That he nather planted kirks destituted of ministers in either of the two, nor susteaneth them that are alreadie planted: That the kirks are decayed, and made, some sheepe- folds, some so ruinous that none darre enter into them, for feare of falling ; speciallie Halyrudhous, although the Bishop of Sanct Andrewes, in time of Papistrie, sequestrat the whole rents of the said abbacie, becaus the glasse windowes were not holdin up and repaired : That he traduced the ministers of Edinburgh, as mini- sters passing the bounds of God's Word, in then- pubhct preach- ing, and absented himself from their sermons. The rest may be understood by his answeres. 1570. OF THE KIRK OF SCOTLAND. 535 Mr Knox, Mr Johne Craig, Mr David Lindsay, were appointed to trie the sufficiencie of these answeres, and to report to the nixt Assemblie. In this accusatioun we may perceave, that the office of a Lord of the Sessioun, and of a bishop or minister, were thought incompatible in one man'« persoun ; and that the stile which is now givin to our prelats, " Reverend Father in God," was compted a Roman or Antichristian stile. The commissioners appointed in the last Assemblie to give an- 6were to my lord regent's Grace's desires, produced the said an- sweres, with his Grace's promises conteaned therin ; together with the assignation of money and victuaUs to the king's Majestie's hous, the regent's Grace and others, both subscrived with his hand. First, They condescended, that the assignations before granted for the king's Majestie's hous, and other commoun effaires, stand in forme as before ; and that during the kirk's will. Item, That the summes appointed for my lord regent's owne hous, extending to five thowsand merks or thereby, which the collector sould have payed, sail be payed. Becaus thir premisses are granted, my lord regent promiseth faithfuUie, not to charge the kirk with anie far- ther duetie of the thrids ; but if a superplus remaine, the ministers being payed, it sail be bestowed to suche godlie uses as the As- semblie thinketh best, by his Grace's advice. And to the effect that good payment may be givin of the whole, my lord regent's Grace promiseth to travell to the uttermost of his power, that obedience may be givin, and that the lawes made against disobe- dients sail be executed. Farther, his Grace giveth power to choose or depose, if need be, their owne collectors, and to call them to ac- compt when they thinke good, without prejudice of the generall compt yeerelie to be made in the Exchecker. In like maner, his Grace condescendeth to tlie particular assignatioun of ministers, Avhere they may be convenientlie gottin, without prejudging the assignations before granted, and the summes granted to my lord regent's Grace his house, providing the forsaids assignatiouns, ipso facto, be dissolved, whensoever the assigney obteaneth anie bene- fice sufficient for his stipend, or that the Assemblie sail think 536 calderwood's historie 1570. otherwise. Item, That ministers' and superintendents' stipends sail be modified and appointed by suche as the Generall Assemblie, having warned his Grace and counsell therunto, sail appoint. James, Eegent. Mr David Lindsey was appointed to present certan articles to the Lords of Sessioun, and to require their answeres. The articles and answeres follow : — " First, The thrids are decerned to perteane to the ministers, by a law past in rem judicatam, and have receaved executioun of a decreit, and sentence of liquidat summes and victuaUs ; against the which, your lordships, by your daylie practick, use to give no sus- pensioun, without consignatioun of the summes decerned : and not- "withstanding there are so manie suspensions of this executioun for the thrids givin, that both your lordships are troubled with the processe, and the poore ministers defrauded of that wheron they soiJd live : For remedie wherof, the Assemblie most humblie re- quireth your lordships to take suche order heerin, as that no suche suspensions be givin for the thrids in times comming, except the compleaner, desiring the suspensioun, make payment to the collec- tor of so muche as is out of questioun, if it stand in difference of the questioun of the rentals ; and consigne in the Clerk of Regi- ster's hands so muche more, as sail happin to be decerned, or find cautioun in Edinburgh responsable therefore : And Hkewise, con- signe or find cautioun, if he clameth the whole thrid, to be dis- chai'ged for the whole : and that none of thir passe upon light causes, but be read in presence of your whole lordships, before the bills be past and delivered." 16 Martii 1569. Agreed. " Item, That no letters past upon your lordships' decreits, givin upon new provisions or summouns, warrand aU parteis to heare letters givin, except there be speciall provisioun and exceptioun made of the thrid therin ; or ellis, that the compleaner have suflli- cient testimonie, that his thrid is allowed in his stipend, or remitted by some good order, and show the kirk's admissioun and ordinance 1570. OF THE KIRK OF SCOTLAJSTD. 537 therupon : And for observing therof, that your lordships Avould take suche order with your owne clerks of the sessioun, that no letters passe by the provisioun foresaid ; and that the cautions be givin or sufficientlie notified in writt to the clerk of the collectorie, or to the procurators of the kirk, to the effect that the kirk may call therefore, when time is." Agreed. " Item, That your lordships will give letters, at the instance of the procurators of the kirk, to charge all beneficed persons that as yitt have not givin in their rentals, to produce and give in the same, at a certaine day to be appointed by your lordships thereto ; with certificatioun if they faile, your lordships will direct letters to uptake and inbring the whole fruicts of their benefices to the use of the ministrie, conforme to the first act and ordinance made for uplifting of the thrids : And, in the meantime, that yee would give command to the commissars to sequestrat the whole fruicts of their benefices forsaids, not givin up in rentall, as said is, with letters of full inhibitioun, by your own deliverance, that none answere, obey, or make payment of anie part of the fruicts of the saids be- nefices, unto the time the possessors pretending right thereto give in sufficient rentals therof; and ather give particular assump- tioun, or cautioun for thrids, as the kirk will stand content with." Agreed. " Item, That according to your lordships' order ah'eadie made, tuiching the calling of the kirk's actiouns, and promise made ther- upon, that yee Avill cans the same be observed, to witt, that everie day of the sessioun yee will call one of the kirk's actions to be givin in by the solisters and procurers of the kirk, as weill of the particu- lar as scenerall causes therof. And becaus it is weill kuowne to your lordships, that fra yee enter in other causes, it is not possible to you to gett anie other called, therefore your lordships Avill con- descend and ordeane the said actiouns of the kirk to be daylie called first, before anie other, so that they be not differed to the end, wherethrough, both the actiouns ly uncalled, and your lordshi2)S are troubled and slaundered, that yee doe nothing in tlic kirk's 538 calderwood's historie 1570. causes. Answere, The lords will doe suche diligence to SATISFIE THIS ARTICLE AS THEY MAY, GOODLIE. " Georgius Gibsonus, Scriba Consiliij de mandato Dominorum Consilii.'" ACTS. Some adulterers and incestuous persons compeared in linnen cloathes, bare-headed and bare-footed, with testimonialls of their honest behaviour during the time of their publict repentance since the last Assemblie, according to the injunctions givin them. They desired to be receaved to the societie of the faithfuU, wUhng to obey farther injunctions, if it was the will of the Assembhe. The Assem- blie ordeaned the saids persons, and all others who heerafter sail fulfill their injunctions, and not stubbornlie contemn the admonitions of the kirk in suffering the sentence of excommunicatioun to be pro- nounced against them, to make their publict repentance in sack- cloath, at their owne kirks, bare-headed and bare-footed, three seve- laU preaching dayes ; and after the thrid day, to be receaved in the societie of the kirk, in their owne clothes : That others, who have beene excommunicated for their offences, sail present themselves in sackcloath, bare-headed and bare-footed. It was concluded, that murtherers, incestuous persons, and adulterers, not fugitive from the lawes, but continuallie suting to be receaved to pubHct repent- ance, sail be receaved to give the signes of their repentance in their owne kirks, according to the order appointed before by the Gene- rail Assemblie to suche persons ; at which time the minister sail notifie, pubHctlie, their crimes^ that the civill magistrat pretend not ignorance. The particular injunctions to be used by everie parti- cular kirk, tuiching the triell of the repentance of these that are admitted, or heerafter sail be admitted, by the Generall Assemblie to publict repentance, for slaughter, incest, adulterie, and other havnous crimes, are these, to witt, If they be excommunicated, 1570. OF THE KIRK OF SCOTLAND. 539 they sail stand bare-headed, at the kirk-doore, everie preaching day, betwixt the Assembleis, secluded from prayers before and after sermoun ; and then enter in the kirk, and sitt in the publict place of repentance, bare-headed, all the time of the sermoun, and depart before the latter prayer. Others that are not excommuni- cated sail be placed in the publict place of repentance, where they may be knowne from the rest of the people, bare-headed, the time of the sermouns, the minister remembring them in his prayer, after the preaching. And the saids persouns sail bring their minister's testimoniall to the nixt Assemblie, of their behaviour in the meane time, according to the act made thereupon in Ju- lie 1569. In that Assembhe, some adulterers and incestuous per- sons, excommunicated for their offences, desiring to know what the Assemblie would injoyne them, the Assemblie ordeaned them to repaire to their superintendents, or to the ministers, elders, and deacons, of their owne kirks respective, and receave injunctions from them, how they sould behave themselves till the nixt Assem- blie ; and that they might bring a testimoniall from their ministers of their behaviour to the Assemblie ; and that they present them- selves to the nixt Assemblie, bare-headed and bare-footed, in linnen cloaths, humblie requeisting the Assemblie for farther injunctions, and to be receaved into the bosome of the kirk. It was concluded and ordeaned, that all collectors be warned to compeare at all Generall Assemblies heerafter, to know the minde of the Assemblie tuiching their offices, and other effaires perteaning to them in the kirk, under paine of deprivation from their offices. The Superintendent of Fife, Mrs Johne Row, David Lindsey, and James Nicolsone, were appointed to consult with the Clerk-Register, for ordering suche things as were referred to the Assemblie by the lords' auditors of the Exchecker, and cheeflie tuiching the diminishing of the rentals of the thrids. As for the selling of victuals from yeere to yeere, the Assemblie thinketh it expedient, that everie superintendent or commissioner, where there is anie, and that failing, the next superintendent or commissioner 540 calderwood's historie 1570. adjacent, with the assistance of suche assessors as they sail thiiike good to assume, sail appoint the prices yeerelie of victuals, and noti- fie the samine to the collectors, in suche secreit maner as they sail think expedient. It was concluded, that superintendents and commissioners of kirks, in time comming, sail, with the ministers of their provinces, or most part of them in their synodall conventions, choose and de- pose theu' collectoi's, as occasioim sail serve. The Assemblie ap- pointed everie superintendent and commissioner in their owne pro- vinces, with the assistance of so manie ministers as they sail choose, to tak particular assumpts of the thrids of all benefices not yitt as- sumed, and to report the samine to the nixt Generall Assembhe. It was ordeaned, that everie superintendent or commissioner for the time modifie the stipends, augment or diminishe the same, as occasioun sail serve, with the assistance of the brethrein present- lie nominated, providing they report the said stipends, the mini- sters' names heerafter to be planted, the augmentatioun or diminu- tion of the stipends to the register of the ministrie and their sti- pends; noting the time of appointing of the stipend, the entrie of everie minister, and time of augmentation of the stipend, to the effect that they and the collectors may have the extract and rolls therof. It was ordeaned, that no minister provided, or that sail heerafter be provided, to anie benefice, sail sett in tacks anie maner of Avay their gleebs or manses, or yitt anie part of the fruicts and emolu- ments therof, in diminution of the rentals, under the paine of de- privatioun from the benefice for ever. It is also decerned, that the tacks sett in maner forsaid be null and of no effect, as sett by him who hath no power. QUESTIONS DECIDED. The brethrein appointed to decide questions exhibited their re- solutions as folio we th : — 1570. OF THE KIRK OF SCOTLAND. 541 1. That suche as will not forbeare the companie of excommu- nicated persons sail, after due admonitioun, be excommunicated, unlesse they promise to forbeare. 2. That the person, committer of the murther of the good regent, is to be excommunicated in all notable touns ; and the excommuni- catioun is to be notified in parish kirks, where there is order esta- blished. That the rest who had anie art, part, or counsell therin, or mainteane the same, are to be proceeded against, as they may be lawfullie convicted. 3. That ratificatioun of things granted by my lord regent's Grace to the kirk is to be craved, and farther, as the Assemblie sail thinke good. 4. That the childrein of excommunicated persons may be re- ceaved frome a faithfuU member of the kirk to be baptized. 5. If parteis be contracted, bannes proclamed, and the day ap- pointed for solemnizatioun of the mariage in presence of the con- gregatioun, the woman refuse to take the man, the mater is to be refered to the commissars, and the woman to be punished, upon triell of the caus, according to the order of the kirk. 6. That it is to be meanned to the lords, by way of supplica- tioun, that the tithes of the abbaceis now vacant, and not provided, sail be employed to the sustentation of the ministrie. 7. A single woman committing adulterie with a maried man, sould be punished as weill as the man, and receave injunctions of the Generall Assemblie. 8. If a man have repudiated his wife without caus, lett the mi- nister labour for reconciliatioun, and the partie offended compleane to the judge competent. 9. A promise of mariage being made before the reader and el- ders, and the parteis contracting compeering before the minister and sessioun, require their bannes to be proclamed ; which being done, carnall copulatioun hath followed, by confessioun of both par- teis ; but when they are required to proceed to the solemnization, the woman rcfuseth : the partie refusing ought to be admonished, or 542 calderwood's HisxopaE 1570. %. ellis gett a decreit from the judge competent, that they soulcl not marie, under the paine of excommunicatioun. 10. If after promise of mariage made before witnesses, and pro- claming of bannes, no carnall copulatioun following, the parteis de- sire to be free, lett them be free, si res es Integra, and their uncon- stancie be punished. 11. Two men having lyin with two sisters, anie of them may marie the daughter of the other man, begottin upon another wo- man, and not upon anie of the two sisters. 12. A minister having a benefice in one shire, and another in another shire, may not be chosin to the thrid office, viz. of a super- intendent or commissioner, except the particular kirks be provided, according to the time. 13. In respect of the great offences committed in distm'buig the commoun peace, and breaking the unitie which God hath made be- twixt the realmes, and that by these who have avowed themselves professors of the Word of God, who have not aUanerlie often times committed the forsaid offences, but still to aggredge the same, have receaved, receave, and mainteane (despising heerin God and the present authoritie) the rebels of England ; lett the minister reprove, where anie suche offenders are, without exceptioun of persons, con- forme to God's Word, prudentlie. 14. If anie persoun having akeadie a sufficient stipend, and ther- after called to the office of a superintendent or commissioner, sail have a new stipend appointed, or sail be content with the old, if it be sufficient for the office ; or at the most receave suche augmen- tatioun, as the burthein of the office requireth ? It is answered, Lett this be considered at their electioun or admissioxm. 15. A man having two benefices in sindrie shires, imder sin- drie superintendents, serving for one of them, if he sail have the thrid of the other discharged ? This questioun was answered be- fore. 16. It is not lawfrdl for ministers to leave their vocatioun, and exerce other offices and charges within the commoun weale, with- 1570. OF THE KIRK OF SCOTLAND. 543 out consent of the Assemblie. And, in times comming, it is needfull that all who sail serve in the ministrie be publicthe admitted. 17. A certan man, whose wife was banished out of Dundie, ten yeeres since, for certane crimes committed by her, hath begottin a child upon another woman, about two yeeres since, not knowing whether his wife was living or deid ; for which offence he was pun- ished by the magistrat, and hath made diligent inquirie, according to the injunctions givin to him, to learne whether she was living or deid, and can come to no certan knowledge therof: asked. Whe- ther the Assemblie will injoyne him anie farther satisfactioun ; and whether he may have libertie to marie? Answere, Edicts are to be served for further searching of the woman, and further punishment for proceeding in mariage is to be suspended to the nixt Generall Assemblie. MINISTERS AND ABUSERS CENSURED. Mr George Leslie, minister of Kilconquhar, was admonished to mak residence at his kirk ; and incace of disobedience, it was or- deaned that he be suspended or deposed. Johne Flint, vicar, pen- sioner of Ayton, summoned to compeere for abusing the sacra- ments, compeered, and was ordeaned to absteane from all func- tioun within the kirk, till the Superintendent of Lothiane trie his abUitie and learning. Johne Adam of Mauchline, excommunicated for presenting his childe to be baptized by a Popish preest, in Papistical! maner, pre- sented himself before this Assemblie, to receave injunctions for the forme of his repentance. COMMISSION. Andrew Lord Uchiltrie, George Hume, Laird of Spott, Robert Fairlie, Laird of Braid, William Lawder, Laird of Hattoun, An- drew Ker, Laird of Fadownside, the Superintendent of Lothiane, Mr Knox, Mrs George Hay, David Lindsey, Johne Row, were ap- 544 calderwood's historie 1570. pointed to conveene before the nobilitie presentlie assembled in Edinburgh, and whensoever they sail assemble heerafter, tiU the nixt Assemblie ; and in their name present some articles, require and receave answeres, and report the samine to the nixt Assem- blie. A CONVENTION AT EDINBURGH. Upon the thrid of Marche, the bastard bishop, with the Ham- miltons, the Erie of Argile, and Lord Boyd, assembled at Linlith- quo. A servant or freind of the Lord Boyd's had killed one Gib- bie, a souldiour, wherupon arose no small tumult among the Ham- miltons' souldiours, and others defenders of this Boyd. The nixt day, the Hammiltons, with their bishop, returned to their dwelling- places in Cliddisdaill. Some alledge, that a claus conteaned in the safe-conduct granted to all men to repair to Edinburgh was the occasioun of their returning. The claus was this, That no man lying under the doome of forfaultrie sould injoy that benefite. So they durst nather marche fordward nor stay still. Huntlie, Ogil- vie, Crawfurd, Atholl, Hume, Seton, Lethington the soule of all the godlesse band, repaired to Edinburgh. The Erie of Morton was in Edinburgh before, slenderlie accompanied, till the Erie of Marr and Glencarne with their freinds come. The heads of both parteis mett together upon the fourth of Marche, to consult upon the commoun effaires : but they could come to no determinatioun, becaus the other partie pretended that Argile was absent, whose presence was needfull. The Erie of HuntHe tooke franklie in hand to bring Argile to the rest of the lords, and went furth, the 12th of Marche, out of Edinburgh to Linlithquo, but returned without him ; for so his counseller, the secretar, thought best : for it was his intention onlie to drive time, tiU he might find opportunitie to work a change in court. He keeped counsell apart with the queen's factioun. He pretended the inabilitie of his bodie ; but the truthe was, they could doe nothing without him, more than the whecle can doe without the axe-tree. He was lustie eneugh at his 1570. or THE KIKK OF SCOTLAND. ' 545 table, both at noone and even. He spaired not openlie to say at his table, that suche as had fled from England, had als honest and just a cans as ever banished men had. When it was objected, that they had burnt ministers' bookes, deflowred men's wives, erected the idol of the masse ; " Tush," said he, " they did that in the beginning, to purchase to themselves the moe freinds. But consider," said he, " the tenor of their secund proclamatioun." Now, he himself formed this secund proclamatioun, wherof he maketh mentioun. The night after the Erie of Huntlie had returned from the Erie of Argile, there arose suche a feare among the godlesse band, that the most part of the night they lay in their jackes. Huntlie, Atholl, Ogilvie, Crawfurd, Lochinvar, and the rest of that factioun, de- parted out of Edinburgh upon the morne, without anie further con- sultatioun, and Sir James Balfour in companie with them.' At this conventioun, which continued from the 4th of Marche to the 15th, it was reasouned and disputed, upon what ground, and by what authoritie, they might appoint a regent or regents ? Some alledged the commissioun granted before, by the queen, about three yeeres since, whereby eight noblemen were designed to be tutors. Others objected, that that commissioun was expired, the regent being dead, and that it could have no strenth ; and therefore de- sired the mater to be refered to a lawfull and full parliament. And this Avas the secretar's shift, stoutlie mainteaned by Robert Mat- lane. Others were of a diverse judgement from both the former ; to witt, that the present electioun of a regent or regents sould not depend upon the queen's commissioun, which, in the judgement of all godlie men, was invalide from the beginning ; nor be stayed till a parliament, becaus there was imminent danger in driving of time ; but that suche as from the beginning had acknowledged the king's authoritie, and had remained constantlie under obedience to the same, sould, without farther delay, putt order to all maters. This ' Sir James Balfour of Pitteudreich was a man so notorious for changing- sides, and profiting by every change, during this mutable and self-seeking period, that it was commonly said of him, " He could wag as the buss wagged." VOL. H. 2 M 546 calderwood's historie 1570. counsell was neglected, becaus it proceeded from a poore man. In tMs meane time arose a bruite, that the Erie of Lennox was to return e out of England, which greatlie vexed the secretar's braine. GOOD MEX LAMENTING THE DEATH OF THE REGENT. In the time of this conventioun, INIr Knox receaved letters from Doctor Vinfred, Mr WiUock, and Mr Gudman, all three regraiting the death of the regent. ISh Gudman wrote thus : — " The flowre of Scotland, the crowne of nobilitie, the power of peace, the pa- terne of a godlie govemement, and signe of God's favour, hath takin his leave and gone, I doubt not to our merciftill God whom he served. But woe to these devilish heads which have debased this foule, devilish murther ! Woe to that unnatural monster, ene- mie to God and his countrie, and fullie possessed with Satan, that hath been the instrament ! Woe to the whole nobilitie, and all that professe the name of God's people, if this be not extremelie sought flirth and revenged, as was the abused wife of the Levite among the Benjaraites ! Lett the devisers of the murther tak heed ; for God seeth them, and his servants smell them ftu'th." LETHINGTON AND GRANGE THEHl PRACTISES. The secretar, and the captan of the castell, now wrapped in fac- tioun with him, stirred up two fire-brands, Phairnihirst and Bal- cleuche, to mak incursions upon the borders of England. They spared not to speeke reproachefullie of the Queen of England, and to call our noblemen her vassals or feals. They threatned to seeke aide out of France and Spaine, if the other sent for forces out of Enofland. 1570. OF THE KlUK UF SCOTLAND. 547 THE REBELLIOUS LORDS' LETTER TO THE QUEEN OF ENGL.VND. About the end of Marche, the lords of the queen's factioun sent this letter following to the Queen of England. It Avas dytcd by the secretar. They sett to the names of some who had no medling with them in the subscriptiouns, to make the Queene of England beleeve that their number was greater nor it was, for Marshall and Forbesse had nothing to doe with them. " It may please your Majestic : The present dangerous estate of this our native countrie, joyned with the consideration of tlie future, Avith threatnings to both realmes, fearefull accidents, (if the love of our countrie move us not on both parts to foresight it, to avoide the perell afore hand,) compeUeth us to have recourse to your Majestic, as the princesse In Christendome who hath best meanes, and, as we thinke, of good reasoun sould have the best w^ill, to quenche this heate begunne among us, before it burst furth into a flamme, which is able, ere it be long, to sett both countreis on fire. We confesse the first like to be ours, seing the fire is alreadie kindled in our hous. Yitt the consequent therof Is like to draw your Majestie's estate In the fellowship of the same danger, by reasoun of the nighbourhead, and other respects, which the situatioun of the two kingdoms in one He hath made commoun to both. It is no time now to us to hide the burning, wlierof the smooke hath alreadie begunne to dis- cover itself. Nather can we be perswaded, that your Majestic will refuse us that comfort which, by your concurrence, avIII suflfice to re- move our inconvenient, and consequentlle your owne, Avhose realme is nixt nighbour to this. Christian charitie will not allow, nather policle permitt, that whereas we require Avater at your hands, to re- presse the rage of the flamme, you bring oyle, timber, and other materlalls, to Increasse and nourishc It ; for so doing, Avltli our losse of the lesse, yee sail procure to your self the subvcrsioun of more. " Your Majestic Is not Ignorant how this estat Is divided In fac- tions ; not onlie the persons of the nobilitle, but descending from them, the gentlemen and commouns unlversallle, in the whole 548 calderwood's histokie 1570. lieges ; and not so inequallie divided, that the one is so farre like to overmatche the other. But the Tictorie must be doubtfull, if maters be brought once to that part, that force must try whose querrel is best. The factions are grounded upon the diversitie of two titles pretended to the crowne, by the mother and the sonne : a pitifull caus, God knoweth, and yitt led by the tlirawardnesse of time and our unhappe ; which not the lesse must end betimes, or ellis, within a short time it is like to bring manie of us to an end. We find in ourselves small conformitie to appease the difference, for that the most part are particularlie inclynned, forprivat orpub- lict respects, to the parteis ; and doe see no towardnesse to anie amendiment. By the contrare, it doth appeare evidenthe, that so long as there are Uvo clames, so long sail the two factiouns endure ; and it is probable, that so long as there are two factiouns at home, neither factioun sail lacke maintenance abroad, but sail find some prince or forraine potentat, who by his countenance Mill feede their humor. Wherupon must follow, of necessitie, that by one meane or other, a number of strangers sail be drawin in this realme. How dangerous this sail be for us we know, and what prejudice therof may ensue to your Highnesse we remitt to your wise considera- tioim, wherin we will not appeare otherwise too curious discoursers. This farre onlie we wdll tuiche : The foresight of this commoun danger sould induce us on all sides to a commoun consent, to pro- vide the remedie against the same, which, in om' opinioun, can be no other, but by removing the causes of divisioun, to make the effect to ceasse : to witt, by the reducing of the two clames to one, putt away the whole fundament of the factiouns. " There is nather prince, potentat, nor people in Christendome, that hath the like interesse to desire it, nather yitt the lilve meancs to performe. It is profitable for your Majestie, that strangers have no pretended colour wherefore to enter in this He, or to sett foot on drie land, so neere your Majestie's countrie. It is honourable for your Majestie to sett at an accord the two persons who are made the parteis, being your nixt cousins, and most tender to you by blood. It is casie to your Majestie to bring it to passe, als weill 1570. OF THE KIIIK OF SCOTLxiND. 549 for your credite and authoritic Avitli all the parteis, as that the prin- cipall partie is in your reahne. We thinke it not convenient to pre- scrive to your Majestie anie certan rule to follow in this case ; for we consider what your Majestie is to whom we write, and what persons we are that doe write. Yitt, for our opinioun, we see no more convenient meaues to reduce this realme to uniformitie, and, consequentlie, to procure the quietnesse of the whole He, than that your Majestie will enter in suche conditiouns with the queen's High- nesse of Scotland, as may be honorable for all parteis, sure for your Majestie, safe for the nobilitie of this realme, and appearand to con- tinue the godlie amitie betwixt the two realmes, which is most com- modious for both. " We are the more bold to enter with your Majestie in this heed, for that a good part of us saw, the last yeere, a certan platt, under the forme of articles, projected, tending to this end, and sent hither from your Majestie to the late regent, by his servant, Mr Johne Wood ; wherof, albeit at that time there was not so great consider- ation had in an assemblie of a part of this nobilitie conveened at Sanct Johnstoun to that effect, as the weight of the same, and your Majestie's persoun, being the director, did require, yitt find we in the same mater, so great moment, worthie to be intreated of And most humblie praying your Majestie to take the same once againe in your hand, and follow farth the same trade, which we thinke the neerest, yea, the onlie meane to divert us frome the desperat course wherin we are ather alreadie, or like shortlie to enter, for laike of a good unioun amongst ourselves, we trust, no faithfull counsellor you have will advise your Majestie to enter the turn-over of a divided estat, to bestow your forces, men, or money, in an un- necessar and unprofitable exploit. And unprofitable it will prove in the end, if your Majestie sail joyne your fortune with a small portioun of this realme, where ye may have the whole at your de- votioun, if yee will ; to witt, if yee goe about to unite us as one flocke, under the obedience of one head, by entering in conditions with the Queene of Scotland, whcrby the different clames betwixt her Ilighnesse and her sonne may ceasse frojn hcnccfurth. Jn do- 550 caldekwood's historie 1570. ing wherof, your Majestie sail oblislie us (and so we protest) to doe unto your Higlinesse what service we sail be able, standing with our obedience due to our soverane. " And so, after our humble commendations to your Majestie, we coramitt you to the protection of God. Written towards the end of Marche 1570. " By your INIajestie's humblie to command : " Erles Huntlie. " Erles Sutherland. " Lords Tester. Argile. Eglinton. Fleeming. Atholl. Lords Hume. Hereis. AiToll. Seton. Boyd. Crawfurd. Ogilvie. Somervell. Marshall. Rosse. Innernieth Cathnesse. Borthwicke. Forbesse. Cassils. Oliphant. Gray. " William Matlane, Comptroller. Balfoure." THE F^iMOUS AMBASSADER MONSIEUR VIRACK SENT TO THE REBELLS. About the same time, there came from France a varlett of the king's chamber, named Monsieur Virack. He was receaved in Dumbartane as an honorable ambassader, and was conveyed by the Lord Fleeming to Nidrie, the Lord Seton's place. The secretar was unable of his bodie, yitt must he be careid hither in a coache. There the Lord Seton and the secretar conferred with this famous ambassader ! What was the subject of their consultation was un- knowne ; but within foure or five dayes after, Phairnihurst and Bal- cleuche road in England, and burnt Harram. The northland lords, mainteaners of the queen's authoritie, wrote to the Lords of the Sessioun, to superseed all ministration of justice, till they might waite upon theu' freinds' actiouns, and have an established autho- ritie. When the secretar came fi-ome Nidric, he conferred with the captan of the castell, at St Cuthbert's kirk. Upon Moonday 1570. OF THE KIRK OF SCOTLAND. 551 therafter, the captan's freinds, with others of that factioun, came to Edinburgh, to pimishe the deacons of the crafts, for a ryott com- mitted in staying of victualls. It Avas reported that the captan was the cheefe man that sent away the victualls. THE REBELLIOUS LORDS' DECLARATION OF THEIR INTENTION. The rebellious lords appointed a convcntioun to be holdin at Lin- lithquo the tenth of Aprile. They declared by open proclama- tion the causes of their conveening, and by what order they intend to proceed heerafter, in all their actiouns tending to God's glorie, and defence of the realme, the observatioun of peace with all con- federat friends and allyaes, and tranquilHtie of the realme. They acknowledged, that the first honorable cans interprised by some other noblemen in the pursute of the Erie Both well, who had pre- sumptuouslie putt hands in the queen's Majestic, deteaned her as captive, envirroned her with a guarde of men of warre, constrained her by just feare, against her will, to enter suddanlie Avith him in a pretended manage, which was not tolerable, neither could the issue be lawful ; to releeve her Highnesse from his boundage and tyrannic, and to sequestrat her persoun from his societie, till he were punished or expelled, was an actioun worthie of praise. But the order of their actioun sensyne make manifest, that these were but pretences. Yitt are they content, that the ground and originall caus, als weill of the principall controversie, as of the par- ticular and inferiour dissentiouns, may be coldlie rcasouned, and wiselie considered in a peaceable conference, where bragging sail not lett noble men to speeke their mindes and judgements ; and to open the grounds of maters and circumstances in suche sort, as the necessiteis in all respects being duelie regarded, the best, or least of the evills, may be embraced or accepted. They purge them- selves of anie intentioun to alter religioun ; yea, affirme that they may challenge to themselves that honour, that, under God, they were the checfest and first instruments of the promotioun^ con- tinuance, and establishing therof ; that they preferred the ad\ance- o52 caldeewood's uistorie 1570. ment of it to their lands and lives, and that it is yitt more deere to them : yea, if the noblemen noAv conveened, "svhich are of the first places and greatest number, sould intend alteratioun of religioun, in whose power beside sould it stand to Avithstand it ? They professed they were desirous of the unioun of the realme ; that all noblemen, and other good subjects, may injoy their owne ranks, callings, and places, in peace and quietnesse ; that to this effect they offerred to conveene, with others of the nobilitie that differ frome them in judgement, in convenient time and place, and would stay so long as they may, if they can see anie hope of familiar and peaceable con- ference : that the grounds and occasiouns of the late controverseis being disclosed, the necessitie of the state, and everie nobleman particularlie interessed weyghed and regarded, an unifonne resolu- tioun may be takin by commoun consent, for the furthsetting of God's glorie, for the queen's Majestie's estate, that she remaine not as a barren stocke ; that the successioun of the crowne may be the more strong, and he whome God, of his mercie, hath graunted to us for our confort abeadie, may be honorablie provided, as wcill for the safetie of his person as continuance of his estate : that the godlie peace standing betuixt this realme and all other commoun- wealths may be interteaned, and mutuall concord among all noble- men and other lieges in the countrie ; that justice may proceed, and be ministred, according to the lawes ; and that everie nobleman, and others, may possesse in suretie their lands, lives, rents, and goods : that, ere perrell sould fall to anie of the other partie pre- sentlie separated from them, they Avould rather yeeld to lesse than reasonable conditions, and will be content to be partakers of all suche hazards and dangers that the others can thinke themselves subject unto, so that they will receave upon them a portiouu of anie difficultie or inconvenient possiblie may fall, tending to the suretie of the others, and repose of the whole estat. Then they protested if this overture sould be contemned, and so, proper meanes of re-unioun of the nobilitie and quictting the estat refused, and therupon they be constrained to provide for the realme and their owne sureteis, and so strangers be brought in on all sides, that the 1570. OF THE KlliK OF SCOTLAND, 553 blame be imputed to the refusers. That none pretend ignorance, they ordeane an herald, macer, or other officer of armes, to passe to the mercat croce of the burgh of Edinburgh, and all other bm-rowes and places needfull, and there, by open proclamatioun, make publi- catioun, requiring all the lieges judge of their intention, according to the equitie of the mater; concurre, fortifie, promove, and sett fordward the same ; and no wise assist whatsoever others that sail attempt anie thing in the contrare, under anie kinde of pretence, cloke, or authoritie, or otherwise ; certifeing them that doe in the contrare, they would esteeme them as seditious, and enemeis to the publict peace. They ordeaned likewise, that the said officers of armes command and charge, that none of the lieges tak in hand to alter or innovat the forme of the true Christian religioun publictlie preached and receaved within this realme, or attempt anie thing against the lawes made in that behalfe ; with certificatioun to them that doe the contrare, that they sail be punished according to the same lawes. A CONVENTION OF THE REBELLIOUS LORDS AT LINLITHQUO. At the convention holdin at Linlithquo, conveened Huntlic, Ar- gile, Atholl, Ogilvie, Crawfurd, Hume, Seton, and the Secretar. The Lord Fleeming brought with him from Dumbartan the Erie of Westmerland, who was not yitt gone out of the countrie. There was also Leonard Dakers, secund sonne to William LordDakers, who encouraged Westmerland and Northumberland in their rebellioun, undertooke to kill the Lord Scroop, and fortifeid Naworth Castell ; but was forced to flee into Scotland, the 22d of Februar last by- past, encountered in the feilds by the Lord Hounsden. The Lord Hercis Avas sett at libertie a little before. The secretar, as he went to Linlithquo, mett with the captan of the castell at St Cuth- bcrt's kirk, and laboured with him, as was conjectured, that the Linlithquo lords might be receaved in Edinburgh. At this con- ventioun, they begannc to treat of that which tlioy did Avhisper in secreit, to Avitt, to raise warrc against the Engiiyli, that the mm- 554 calderwood's histoiue 1570. ther of the king and the regent might be ather forgottin, or men's mindes being bussied with the warres, might languish in the pur- sute therof. But becaus they could not throughlie resolve in the particular circumstances, they determined to goe to Edinburgh, that their proceedings might have the fairer countenance, it being the cheefe burgh of the kingdom, and the captan of the castell being their secreit fi'eind, howbeit he bare the people In hand, that he was for the king. They sent to the provelst and counsell of the toun, to understand if they would suffer them to come in to their toun In a peaceable maner, to hold counsell. It was answered, tliey would exclude none carefull of the commoun peace and tran- quillitie of the realme, providing there were none In their companie justlie suspected of the regent's murther, or none of the English rebels ; that they published no proclamations anie wise derogating from the king's authoritie ; that they beate no drumme, for waging of men ; and that they attempt nothing against religioun, or the persoun of anie inhabitant. The conditio uns, howbeit hard, were accepted. The Hammiltons and English rebels were excluded by this their answere. THE REBELL LORDS CONVEENE AT EDINBURGH. The lawlesse band, with their gracelcsse garrlsoun of three hun- dreth Irish men, came to Edinbm'gh upon the 13th of Aprile. The Lords Hume and Seton convoyed the English rebells to Leith. They supposed they might draw the citicens of Edinburgh what Avay they pleased ; yitt could they not perswade them to deliver to them the keyes of the toun and ports, notwithstanding the cap- tan of the casteU, their provelst, travelled to that effect. Upon Saturday, the secund day after their comming, notwithstanding of their acceptatioun of the conditions, they called the bailiffes and counsell of the toun before them, .and with stormie words, demand- ed how they durst tak upon them to prescrlve an order to the no- bilitic ; and if they would stand to their last answere ? They an- swered, they would heare their provelst before they gave anie direct 1570. OF THE KIKK or SCOTLAND. 555 answerej seing they had not writtin without his advice. The lords, speciallie the Lord Hereis, emboldenned with this eohl answere, craved, Fu'st, that they might have the keyes of the ports in their custodie ; Nixt, that they may have Ubertie to beate a drmnme : ThridHe, that the English may be permitted to come in to the toun, and spend their money ; Lasthe, that the toun may be patent to all Scotishmen. They answered as before, and consulted the most part of that day. The bailiffes keeped the keyes of the ports, and no drumme was beaten. But the cap tan of the castell pro- mised them safeguarde, so long as they remained within the toun, and that was a sufficient recompence. It was bruited, that he sold the castell for two thowsand crownes, and for the pryorie of Sanct Andrewes, to be givin to him and his heyres in few.' The English rebels were receaved secreitlie in Edinburgh. All this time there was great resort to Lethington. He was lying sicke of the gutt. His hous was therefore called the schoole, and himself the schoole- master, and suche as repaired to him, his disciples. QUEENE Elizabeth's declaration of her intention of SENDING AN ARMIE TO THE BORDERS. The Queen of England published the declaration of her minde concerning the sending of an armie towards the borders, which was givin at Hampton Court, the 10th of Aprile, and printed after- ward in Edinburgh. Her Majestic declared, " That some English rebels, having had former intelligence to beginne and prosecute ' Bannatyne, wlio, in many pai'ts of his IMemorialcs, bewails, in pathetic exclama- tions, the defection of this chivalrous soldier, alludes to this bargain in the follow- ino- words : " Alas ! Sir Williame Kirkaldie 1 (some tyme stout and true Laird of Grange !) miserable is thy fall, who now drawis in yocke with knowin and manifest traytoris, that sum tyme had place amonges honest heartis, yea, amongis the Sanctis of God, and now ai-e reputed as one of (the) most treasonabill traytouris yat ever lived ; who, for the pleasure of that father of traytouris, the Secretare, left (yea, be- trayed) the Regent that promoted the ; and now is bruited to sell the castle for two thousand crownes, and for the pryorie of Sanct Androis, to be gevinto the and thync in few ! Judas joyed noeht long the pryce of innocent blood ! ' 556 calderwood's uistorie 1570. their rebellioun with some disordered x'ebellious persons living upon the frontiers of Scotland, are mainteaned in Scotland by the said rebellious persons. That seing a great part of the ancient nobi- litie and states of Scotland nourished peace and concord bet^vixt both the reahues, and are desirous to conserve the commoun peace in their native countrie, yitt seing they are not able presentlie, ac- cording to justice and the good order of the treatie, speedilie to re- presse and stay the said outlawes and disordered persons upon the borders, from open maintenance of the said English rebels, and from the invasioun of England ; and that some men of no meane calling within the bodie of the realme, taking their commoditie by the murther of the last regent, and, as seemeth, naturally invying the continuance of the commoun peace betwixt the two natiouns, and being affected Avith privat ambitioun and unquiett humours, doe stirre up with all their industreis certan factions, and great troubles in the bowells of their countrie, and thereby give confort not onlie to the English rebels, but also to Scotish outlawes, theeves, and disordered persons, to continue in their wickednesse and disorders, als weill against their owne native countrie, as against the subjects of England ; and that it is likelie that tliey will misconstrue and slaunder her Majestie's intent at this time, in leveing and sending certan of her forces to the borders, for defend- ing of the same from anie further invasioun, and therewith to per- sue according to justice her rebellious subjects, and according to the lawes of armes the invaders of her realme ; howbeit her Ma- jestic hath givin prooffe, in former times, that she never sought nor covetted anie particular interesse in that realme for her self, as she casilie might, but to her great charges delivered and made fi*ee that realme, yitt, becaus the simple multitude, which are commoun- lie seduced by the craftier sort, having pretence of some rule, may feare evill or harme to follow to good people, or to the publict state of the crowne, by her armie now to be conducted towards that realme : Therefore assureth, in the word of a prince, all maner of persons, that her intcntioun and certane meaning is, to use and treat all the subjects of Scotland als lovinglic and pcaccablie as her 1570. OF THE KIRK OF SCOTLAND. ,557 owne, excepting onlie suche notorious outlawes, theeves, enemeis and peace-breakers, as have latelie with her rebells invaded and spoiled her realme ; and suche others of that natioun as have, and sail support her rebells, contrarie to the treateis betwixt both the realms : and that her Majestic hath givin strait charge to the Erie of Sussex, Lieutenant of the north parts of her realme, and Captan Generall to her said armie, to use the good subjects of Scot- land that have, or sail keepe peace with her Majestic and her sub- jects, favourablie, as need sail require, howsoever some seditious members of that realme saU otherwise misreport, or craftilie sail procure to be by others misreported, who indeid in their slanderous inventions are to be justlie suspected to the whole natioun, that for their onlie privat ambitioun of rule and gaine, they will, u])on pretences, without cans labour to bring into the same suche stran- gers, with forces of sindrie sorts, as may shortlie hazard the whole estate there, and reduce that ancient crown and natioun into a sub- jectioun, a peqDctuall, miserable, and tributarie servitude." A CONFERENCE APPOINTED BETWIXT BOTH PARTEIS, BUT NOT HOLDIN. This declaratioun was brought to Scotland in time of the con- ventioun. The generalitie of it displeased the godlie. But it was nothing pleasant to the Linlithquo lords, speciallie to Lethington and the captan ; for they had hounded out Balcleuche and Phairni- hirst, to invade the English borders. AthoU all this time spaired no travell to draw the lords standing for the king to this conven- tioun holdin at Edinburgh : but they refused to come before the first of May, the day appointed by coramoun consent for the par- liament, unlesse there were some necessltie to prevent the time. If there were anie mater of moment which might not suffer delay, they desired them to communicate the same Avith the Erie of Mor- ton, who was then resident at Dalkeith. A day was appointed for conference betwixt the lords of both sides ; but the rebell lords 558 caldekwood's iiistokie 1570. thought it a ilcrogatioun from their aiithoritie and credit to goe to the Erie of Morton. GRANGE HIS TREACHERIE. The lords of tlie queen's factioun, when they would faine ex- clude the otlier lords out of the toun, and yitt could not draw the citicens to take part with them, they intend to send for a greater number, and to be masters of the toun by violence. They were emboldenned in this enterprise by the captan of the castell, pro- veist of the toun, who sett at Hbertie, without anie publict warrant of authoritie, the Lord Hereis, under colour, that his sonne was to be delivered in pledge for him, the ShirefF of Air his sonnes, and Sir James Hammilton, upon Wedinsday, the 19th of Aprile ; and the day following, the duke, who made an harang or powred out his complaint frome tlu'ee after noone till six, to his great god, the secretar. The Lord Hume was sett at libertie about the same time ; the Lord Seton a little before. The captan of the castell had said, he sould bide by the king als long as anie man ; which imported, that in a publict defectioim, it Avas no shame to him to follow the rest: and yitt, when others. stood, he proved a tratoiu:. Siclyke, when he was admonished to be thankfull to the former regent, who had placed him in that office ; " I must," said he, " be a freind to my freinds ; and yitt sail I be true to him als long as he liveth." Shortlie after followed the murther of the good re- gent. It was conjectured he understood more in that mater than commoun men. THE REBELS LEFT EDINBURGH FOR FEARE. Whill the lords of the queen's fixction were thus dealing and de- visino-, the rumor of the comming of the English armie confounded all their devices. Hume and Hereis went home to defend their owne castells and possessiouns. A portioun of the money which 1570. OF THE KIRK OF SCOTLAND. 55'J Avas collected to wage souldiours was givin to the Lord Hume, to fortlfie the castcll of Hume. Phairnihirst and Balcleuclie craved aide, or some forces to be sent to Lawder to ostentat warre, or a portiouu of the commoun collectioun. When they could obteane none of these, they departed in great anger, to defend then' owne as they might. The rebell lords sent two messingers to England, one to the queen, and another to the Erie of Sussex : to the queen, to stay the armie from comming doun ; to Sussex, to crave a truce, till the queen were informed of their estat. In their letters to the queen, they craved that all acts and conclusions agreed upon these tAvo yeeres bygane might be rescinded, howbeit some of themselves had agreed unto them, and that a new decreet might be formed. They sett to the names of sindrie who Avere of the contrarie fac- tioun, or neutrall, supposing, that in respect of the distance of place, the fraud would not soone be discovered, and the letters sent there would not be made commoun in men's hands. In the meane time, came Monsieur Lansack his servant out of France, with letters from the King of France, directed not onlie to the cheefc rebells, but also to indifferent men. Suche as had not yitt joyned themselves were requested to concurre. Promises Avere made of greater aide than was craved. The messinger added of his oAvne head, that there Avas peace and tranquillitie through all France ; and that he doubted not but souldiours sould be levied, to be sent to Scotland, before his retume. Howbeit the Aviser sort gaA'C no credite, yitt they Avere content that the simpler sort sould be de- luded. But the returne of their messingers out of England, Avith- out obteaning their requests, marred all their mirth ; for the Erie of Sussex thought it an idle thing to interteane an armie, no con- ditions being offered by the enemie. The letters directed to the queen Avere found to be full of vain ostentatioun ; for the English Avere not ignorant of proceedings heere. The copie of their letters Avas sent to the lords, maintcaners of the king's authoritie. When they saAV them disappointed of the favour they expected, that the English armie Avoidd come, that manie of their factioun had gone home to defend their OAvne houses, that the citicens of Edinburgh 560 calderwood's historie * lo70. did not favour them, that the lords, defenders of the king's aiitho- ritie, were to come to Edinburgh the first of IVIay, they went to Linlithquo ; judging that place to be most convenient to assemble their confederats there, to stoppe the passage of those who were to passe to the conventioun, which was to be holdin at Edinburgh, and to bring their devices to some fine. The Erie of Atholl and Tullibardin departed out of the toun the 20th of Aprile. The Lord Seton assembled his forces at the Palace of Halyrudhous. He bragged that he would enter in the toun, and caus beate a drumme, in despite of all the carles. He had in companie with him the Ladie Xorthmnberland. By the captan's moyen they were receaved. But the burgesses keeped a strait watche everie night, which they did, since the duke was sett at libertie, and his freinds repaired to the toun. The duke went to Linlithquo the 29th of Aprile, accompanied with seven score of horsemen, and fourtie or fiftie souldiours. THE PROCEEDINGS OF THE TAVO CONVENTIONS OP THE LORDS CONTRARE TO OTHER. The lords, defenders of the king's authoritie, conveened at Edin- Inu-gh in the beginning of May ; the rebellious lords stayed at Lin- lithquo. They charge the other with seditioun and troubling of the countrie. The lords standing for the king's authoritie offered to satisfie anie man that would compleane of anie injurie done by them, at the sight of indiflferent men ; to agree to anie conditions which may serve for publict peace, providing nothing were dero- gated from the king's authoritie, and the rest, who had separated themselves, would concurre to the revenge of the murther of the king and of the regent. But the Linlithquo lords sett furth pro- clamatiouns, charging all the subjects to obey the queen's lieuten- ants, the Erles of Ai-ran, Argile, and Huntlie, and indicted a par- liament to be holdin the first day of August at Linlithquo. They tooke this boldnessc upon them, after that the English armic had departed out of Scottish ground. The lords conveened at Edin- 1570. OF THE KIRK OF SCOTLAND. 561 burgh answered, that they would have no farther commouning with open and perjured tratours, suche as they were everie one, the duke onlie excepted, who had not sworne obedience to the king. Upon Moonday, the 8th of May, they caused declare, by open pro- clamation at the Croce, that the Linlithquo lords intended no other thing but to cloke and colour then- devilish devices, and the foule murthers of the king's father and regent. All heralds, macers, messingers, and other officers of armes, were discharged to make anie proclamations at anie mercat croce within the realme in the queen's name, under paine of death. Shireffs, proveists, baillifFes, and other officers, were discharged to suffer anie proclamations to be made within their jurisdictions prejudiciall to the king's autho- ritie, under the paine of treasoun. Upon Tuisday, the 9th of May, to trie the affections of the inhabitants of the toun, the oathes of the bailliffes, deacons of crafts, and other cheefe men, were takin, that they acknowledge the king's authoritie. The Linlithquo lords craved of the captan of the castell, that the toun of Edinburgh might be patent to them, according to the promise made unto them before their departure. Some denied there was anie suche mater motiouned ; others more privie, granted it was motiouned, but that no promise was made. A thrid sort alledged, that how- beit there had beene suche a promise made, yitt they were not bound to stand to it, becaus, when it was made, they knew nothing but that they were faithfull subjects to the king ; but now they had declared themselves by their publict proclamations main- teaners of the queen's authoritie, solemn elie abrogated by par- liament. The captan stormed at this answere. It is true, when they would faine have gone out of the toun with honestie, manie pre- tences were devised. • At last, this shift was found out by the se- cretare, the proveist himself, and Sir James Balfour, that the bailliffes, counsell, and communitie, sould requeist the proveist, and the proveist sould requeist the lords, to depart in peace out of the toun, but no farther. The lords conveened at Edinburgh sent Robert Pitcairn, Commendatare of Dumfermline, to the Queene of VOL. II. 2 N 5G2 calderwood'8 historie 1570. England, to intreat her aide for suppressing of the commoun ene- mie ; and to signifie to her their good minde toward her, in so farre that they would not choose a regent, but by her appointment or consent. CASTELL8 TAKIN OR RAZED. Whill the lords were dealing against other, the Erie of Sussex, Lieutenant of the North, Lord Hounsdane, Wardane of the East Marche, and Sir Johne Foster of the Middle Marche, wasted the lands and razed the castells belonging to Balcleuche, Phairnihirst, and their assisters. Gilbert Gray was willed by the Lord Hume to doe as William Drurie, Marishall of Berwick, would prescrive to him. Mr Drurie communicat the mater with the Erie of Sus- sex. So the castell of Hume was randered and spoiled, farre by the Lord Hume's expectatioun, who looked for greater favour at their hands, knowing them to be secreit favourers of the Duke of Norfolke. The Lord Scroope spoiled the Laird of Johnstoun's lands in the west. THE HAMMILTONS ASSAILE THE CASTELL OF GLASGOW IN VAIN. Upon Saturday, the 13th of May, William Drurie, Marishall of Berwick, came to Edinburgh with three hundreth horse, and a thowsand foote, and the Erie of Lennox with them. The Ham- miltons and their complices, after communing with the Lord Fleem- ing, made a suddan and secreit assault at the castell of Glasgow, which they purposed to demolishe, least it sould be anie wise sted- able to the Erie of Lennox. The captan was absent, and manie of the garrisonn Avere excluded, by reasoun of the suddantie of the assault. Yitt Avas the castell valiantlie defended by twentie-foure men, and manie of the assaillers slaine or wounded. When it was bmted at the first, that Minto his sonnes, and the rest of his com- panie, were slaine in the castell, Mr David Borthwick, an Hammil- ton in his hetvrt, said, " Lett them fust now : lett them fast now. 1570. OF THE KIRK OF SCOTLAND. 563 for they have gottin a bloodie sacrifice I" There was a fast at this time in Edinburgh. THE ENGLISH ARMIE MARCHETH TOWARD GLASGOW. Upon Tuisday, the 16th of May, the English armie departed from Edinburgh towards Glasgow. Upon advertisement of their comming, the Hammiltons left the seige of tlie castell, and their Sow prepared for undermyning, eating draffc.' The sccretare practised what he could to stay the Enghsh armie. First, he spread a bruite, that they were come to scarche the Queene of England's rebels. When that device could not serve, he affirmed to the mari- shall, that the lords of the king's factioun (so he called them) were not able to assist him with two hundreth horse. The captan of the castell wrote little lesse to Berwick, to Mr Randulph. But be- fore they ]iast Linlithquo, howbeit the time was verie short, the Erie of Morton his companie exceeded the double of that number. When they came to Glasgow, the Erles of Lennox, Glencarne, and Sem- pill, mustered in presence of the English armie foure thowsand men, foote and horse. The duke and Argile fled to Argile. Hunt- lie fled to the north, als soone as the English armie drew neere to Edinburgh. THE CASTELL OF HAMMILTON RANDERED. After consultatioun how to proceed against the rebells, and suche as were suspected of the first and last murther, it w^as concluded, that no rigour sould be used till the offenders refused reasonable conditions. First, That they underly the law for the murther of the king or the regent, for anie art or part of the same. Nixt, ' This was a joke uttered by a wag upon the present occasion. The sow was a sort of testudo, under which the miners were enabled to advance close to the walls ; and is supposed to have received its denomination from its powers of rooting up and undermining. The punsters of the middle ages made merry with the name of the engine, as iu the present instance. 564 calderwood's historie 1570. That suche as have takin armes against the king's authoritie, un- derly suche correction as sail be prescribed by the Lords of Secreit Counsell, and find sufficient securitie for their obedience in times comming. Tliiidlie, That they observe the peace betwixt the two realmes ; and if anie have resett, fortifeid, or mainteaned the Queen of England's rebells, contrarie to the treateis, that pledges be entered by them, till they performe what sail be appointed by the Queen of England and her officers on the one part, and Ro- bert, Commendare of Dumfermlinc, now ambassader for the king, on the other part. Last, That for observatioun of the premisses, they sail enter themselves, or others for them, as the lords saU judge sufficient, as pledges, to be placed where it sail be thouglit expedient ; and, in the meane time, that they subscrive a band of obedience to the king, and renounce all other bands and subscrip- tions made to whatsoever person or persons, prejudiciall to the king, his state and nobilitie. Space being granted to suche as would offer obedience, it was concluded, that the obstinate Hammil- tons sould be punished in their substance, and by demolishing of their castells and houses, becaus their persons could not be ap- prehended. Hammilton castell was defended stronglie in the be- ginning, by Andrew Hammilton of Myrrinton, having under him fiftie souldiours. The English brought with them feild peeces, but they were not sufficient to batter. Order was takin to bring great ordinance from Stirline. In the meane time, the English com- paneis made some mutinie for pay, by the secreit instigatioun, as was thought, of Sir William Drurie, who secreitlie favoured the English rebells. But money being provided for them, they were moved to stay. When the two peeces of great ordinance were planted for batterie, the captan offered to rander the hous, upon conditioun to have their lives spaired. The conditioun was grant- ed, upon conditioun that they sould not beare armes against the king therafter ; and that they sould depart out of the realme for a certane time, v/herunto they were sworne, as writteth Holinshed. The castell was spoiled, and therafter blowne up with powder. The palace and toun were burnt by the furious multitude, without 1570. OF THE KIRK OF SCOTLAND. 5()5 consent of their captans. Whether at this time, or in May, 1568, I am not certane becaus of diverse reports, when the castell Avas spoiled, there was found in it some apparell and houshold stuff be- longing to King James the Fyft, Avhich the duke, when he resigned the governement, swore solemn elie, he had randered whoUie. At this time, Bothwellhauche, E-oploche, Stennois, and sindrie other houses belonging to the Hammiltons in Cliddisdaill, were cast doun and spoiled. LORD SEMPILL TAKIN. The same day the armie returned from Glasgow, these that de- fended the castell of Ilammilton besett the Lord Sempill, ryding home securelie after this expeditioun, and careid him prisoner to DrefFane, where he remained certane dayes ; and after was led to Argile by the Lord Boyd, and keeped twelve moneths prisoner. THE DEPARTURE OF THE ENGLISH. The armie returned to Edinburgh the 19 th of May. The Eng- lish departed the 1st of June. Before the armie returned to Edin- burgh, the bird in the cage, the secretar, tooke his flight from the castell of Edinburgh, and lighted at lenth in the Blair of Atholl. THE ERLE OF LENNOX CREATED LIEUTENANT. The Commendatare of Dumfermline returned out of England, and reported that the queene woundered that they had not in- formed her of their estat now foure moneths after the death of the regent : that being solicited by the Spanish and Frenche ambassa- ders, she had promised audience to the Scottish queene, providing she would move the noblemen, her favourers, to absteane from all hostilitie, and to recall whatsomever proclamatioun they had pub- lished of late, and to leave maters in the same estat they were left in before the death of the regent : that they would deliver the 5G(i calderavood's iiistokie 1570. English rebels ; and if they agreed, pledges soidd be delivered for securitie. Therefore, till this treatie were ended, requested the lords to absteane from armes, and the election of a regent, pro- mising to be carefull that this prorogation of time sould be no wise prejudiciall to them. Loath they were to offend her ; yitt needfull it was that one sould be placed in authoritie, becaus, by this delay, the queen's factioun was emboldenned to creat lieu- tenants, to publishe proclamatiouns, and to usurpe a regall autho- ritie under the queen's name ; and in the meane time, the favourers of the king were discouraged, and it was to be feared that they would make defectioun. Whill they Avere thus distracted with doubts, they were certified out of England, that the Pop's bull v/as aflfixed at the Bishop of London's palace-gate, and Paul's Churche- yarde, for which Johne Felton was shortlie after apprehended.' Ladie Marie, our king's mother, was thought to be privie to this fact. Skarse could the lords be conteaned anie longer from choos- ing a regent. At last they resolve upon a middle course ; and presuming of her favour and freindship, they constitute the Erie of Lennox lieutenant for twentie dayes, in which space they looked for better newes ; for they considered, if the English rebels were delivered, all the Papists in England would be estranged from the Scotish queen ; if not delivered, there would be no treatie. They assured themselves likewise, that the English queene would not sett her free without sufficient pledges, which she was not able to ^ This bull of dfiposition and excommunication against Elizabeth had for some time been a dead letter, until Pius V. found a man hardy enough to publish it in London. The extreme consternation produced upon the English Council, from its having been affixed upon these public places, was so great, that an instant search was made among the Inns of Court for the offender ; a copy of the bull was found in the possession of one of the students, who, on being racked, confessed that he had received it from John Felton, a gentleman of property, living in the neighbourhood of London. Fel- ton was put to the torture, to confess his accomplices ; but as nothing could be ex- tracted from him, he was sentenced to the death of a traitor. To show that no per- sonal malice had inspired him, Felton before his execution drew a diamond ring from his finger, valued at L.400, and sent it as a present to Elizabeth. It is supposed that ho had received the copies of the bull from the Spanish ambassador's chaplain, who instantly left the kingdom to escape the consequences. 1570. OF THE KIRK OP SCOTLAND. 567 give. Another conventioun was appointed to be holdin the tenth of Julie, and letters were directed to England. QUEEN Elizabeth's answere to the lords' letters. The Queen of England sent a letter to the Erie of Sussex, tlie secund of Julie, wherin an answere was givin to the Erie of Len- nox, and the rest of the noblemen conveened with him. Her Ma- jestic allowed their desire to have a speciall governour to be chosin, becaus of the inconveniences fell furth by the delay ; that she was Weill content with anie they would choose, but in her opinioun, the Erie of Lennox, grandfather to the young king, is meetest for to have the governement for his safetie, ather alone, or joyntlie with others ; not that she will prescribe to them this choice, except they sail of themselves fuUie and freelie allow therof : that finding that realme ruled by a king invested by corouatioun, and other solemni- tcis used and generallie so receaved by the whole estats, it was not her meaning, by yeelding to lieare the complaints or informations of the queen against her sonne, to doe anie act Avhereby to mak conHisioun of governements, or to suffer it to be altered by anie meanes that she may impeshe, as belongeth to her honour, and by her late actions hath manifestlie appeared, untill, by some justice and cleere cans, she sail be directlie induced otherwise to declare her opinioun. She willed the Erie of Sussex to give this answere in her name to the Erie of Lennox, and the rest of the noblemen. THE ERLE OF LENNOX PROCLAMED REGENT. This missive being read publictlie, was interpreted diverslie. Some thought it freindlie and plaine eneughe ; others thought it seemed to tend to this end, to receave the king's mother upon con- ditions. In end, it was concluded, that her missive sould be interpret- ed to the best part, till farther danger appeared. So, with commoun consent, the Eric of Lennox was chosin regent during the king's 568 calderwood's historie, &c. 1570. minoritie, from the 15th day of Julie, at which time he tooke his oath for maintenance of the lawes and liberteis of the realme, but speciallie of religioun. The lords promised to assist him to the uttermost of their power. After noone, he was proclamed Regent at the Mercat Croce of Edinburgh. APPENDIX. A. A DECLARATIOUN Or THE LORDS PROCLAMED AT DUMFREIS AGAINST THE QUEEN's PROCEEDINGS, ANNO 1565. " The nobilitie and congregatioun professing the right religiouu of Jesus Christ within this realme of Scotland, presentlie persued of their lives by the queene their soverane, to all princes, realmes, and nations, to whose knowledge these presents sail happin to come ; as also, to the residue of the same realme, their native bre- threin, as yitt not joyned with them in the cause, wishe grace from God the Father, mercie and favour from the Lord Jesus, with the spirit of true knowledge and righteous judgement. " Becaus we have beene now long (and yitt still are) persued most rigorouslie, extremelie, and against all right and equitie of our lives, as seditious rebells and tratours to our prince, commoun wealth, and countrie ; and understanding that it cannot be but the bruite therof sail shortlie be sparsed throughout all countreis, and we burthenned with their odious titles of seditioun, rebellioun, and treasoun : And least therethrough we sould be made odious in the eares and sight of all good and vertuous princes, and other professors of the same veritie that we doe, we have thought good, 570 .VPPENDIX. in these feAv heeds, to notifie and declare tlie principall and cheefe causes that have moved us hitherto ; which being weUl considered and wevghed by you, and everie one of you, we doubt not but it sail be certanHe perswaded to you all, that these fonner crimes and titles are wrongfullie and unjustlie layed to our charge, and that we have done, nor intended nothing but that of duetie becometh the faithfull of God and tnie subjects to doe to their prince, native countrie, and commoun weale of the same. " The first and principall cans is, the mainteanance of the true rehgioun, according to the writtin will of God, expressed in his IVord, Avhich we require by publict law to be established, als weill for us as for our posteriteis, according to the queen's Majestie's promise made at Stirline to the nobilitie and ministers in May last ; and that all idolatrie and superstitioun, mth aU kinde of false wor- sliippings of God, may be cleerelie abolished tln^ough all this reahne, lyke as our sute hath beene to her Majestic continuaUie, since her first arrivall in this her Grace's realme. For after our sore troubles and heavie traveUs not long past susteaned by us, for the same cans, it pleased God to shew his mercifull countenance toward us, and to establishe his true religioun through this whole realme, by parliament of the assemblie of the estats, which we now professe, and cheefelie are persued for ; and thereby to abolishe the Papisti- call, with plaine determinatioun, who ever sould presume to prac- tise the same, or anie part therof, sould dee the death. This we mjoyed, by the mercie and great favour of our God, inviolablie, a long space before the queen's Majestie's comming home out of France, so that none within this whole realme durst have beene so bold to have declared himself openlie to have professed anie part therof. And our soverane mistresse likewise, at her arrivall, by her publict ordinances and proclamations, inhibited, that none sould make innovation or alteratioun of that publict forme of religioun forsaid, which she then found publictlie erected, under the like paine of death ; wherewith we gladelie quietted our selves, and en- deavoured om' selves by all meanes possible to serve her Majestic in feare, love, and obedience knowne, that none of lier Highncsse' APPENDIX. 571 progenitors was ever so weill, and with so great quietnesse, obeyed and served, as her Grace hath beene hitherto. But that ungodlie and wicked religioun wherin her Grace hath beene brought up, be- ganne hastUie, after her arrivall, to crave one quiett masse to her owne household onHe. And we, hoping that the mercie of God by processe of time sould have converted her therefra, alas ! (to the great dishonour of God, as his heavie displeasure powred out upon us this day testifieth,) past over with silence, and to the great greefe of our conscience oversaw the same. For, from thence, it proceeded plainlie to all that resorted to her chappell royall unpun- ished, from saying to singing ; and from her chappell to all the cor- ners of the country that listed. And when we craved punishment of the transgressors, according to the act of parliament, and her Highnesse' owne proclamations, even when we would obteane them convicted in judgement, and the partie offending confesse the crime, and comming in will therefore, we could have no executioun of the lawes against them ; and by the contrare, our poore brethrein, ac- companeing the magistrats of the toun of Edinburgh, onlie appre- hending a Papisticall preest in the verie actioun of idolatrie, con- trarie to the said ordinance and act, and onlie setting him at the Mercat Croce of the said toun, to be exponed but to mocking of weomen, childrein, and commoun people, without anie further exe- cutioun of the said lawes, were persecutted most cruellie, and their deaths threatned without mercie, if we of the nobilitle had not ear- nestlie interponed our great labours and sutes for their defence. If this, and the like other her Majestie's proceedings in maters of re- ligioun, (which were heere over tedious singularlie to repeate,) be not the verie plaine way to suppresse the true religioun, and us, the pro- fessors therof, and to erect again the Papisticall, all men of judge- ment, als Weill as we, might easilie have perceaved and plainlie scene. Which also is now plainlie uttered, by the apprehending and taking of some of the ancient and aged barons out of their housses and beds, and that under silence of night, without all order of law ; the wairding and deteaning of them without anic crime knownc, or that may be alledged, saving onlie the ])rofcssioun of 572 APPENDIX. the right religioim. And what meaneth ellis the dispositioun of the thrids of the benefices, which were promised and appointed by her Highnesse and counsell for the sustentatioun of the mini- sters, but for povertie to make them leave the preaching of the Word, and so to aboHshe the true religioun of God ? Or to what end intendeth the plaine inhibiting and discharging of Johne Knox, minister of Edinburgh, that he sail preache no more, then but at their pleasures, and when ever they will, to inhibite the remanent preachers in like maner, and to discharge all men of heareing of them, and so to tak away the preaching of the Word, and to de- stroy and suppresse the whole religioun ? And that all men may understand the gravitie of our caus of rehgioun which we susteane, we would, it sould be knowne to them, that it is not onlie weightie to us, by the reasoun of our conscience, and duetie toward our God ; but also in respect of the danger of the not establishing therof by law, bringeth to us, our lives, and ancient heritages, which altoge- ther ly under the danger of forfalture, by lawes made in the time of Papistrie and blindnesse, so long as the same remaine unabro- gated, and the other established being the contrarie. What mar- vell then is it, that we endeavoure om* selves to our whole powers, and so earnesthe doe insist to have the forsaid true religioun rati- fied and confirmed by publict law, and the contrarie abrogated ? And this muche as tuiching the actioun of religioun. " Secundarilie, Concerning the policie and commoun wealth, Ave that are of the cheefe of the nobilitie and counsellers of this realme, to whom of duetie it apperteaneth to have a speciall care of the publict efFaires of the same, and of the preservatioun of the estate therof, als weill by reasoun of our birth and blood, as also by de- fence of the countrie, (in whose hands hath stand the defence ther- of by our blood shedding,) having advisedlie considered the great misorder and danger ensuing to the estat forsaid by diverse enormi- teis and misorders, can doe no lesse^ than by all meanes possible sue the same to be repaired and redressed. As for the first, her Majestic, to the great greefe of our hearts, leaving the wholsome advice and counsell of her Majestie's ancient nobUitie and barons. APPENDIX. 573 of whose faithfull and good service her Grace hath had long and good experience, and her Majestie's subjects, ease, repose, and jus- tice, with diverse other great commoditeis, hath done, and yitt do- eth in most part in her weightiest efFaires, follow the advice and counsell of suche men, strangers, as have nather judgement nor ex- perience of the ancient lawes and governance of this realme, nor naturall love toward her Majestic nor subjects therof ; but being men of base degrie, and seeking nothing but their owne commoditeis, ex- pone the greatest and weightiest efFaires of governement and jus- tice to their owne privat commoditeis. Of their sinister counsell hath ensued the misorder following : First, The most weightie mater of her Majestie's mariagc was so inconsideratlie handled and haisted, contrare to promises, that beside the note of inconstancie wherewith our soverane is bruited, she hath incurred the disfavour and displeasure of forane princes, which are like to bring the incom- moditeis of mortall warres, as it is notoriouslie knowne, als Aveill unto her Majestic, as unto all others that be of anie judgement within this realme. The same hath givin great occasion of divi- sioun and schisme within the same realme. And what dangers to the estat royall, and inconveniences to the whole realme are like to follow therupon, are easilie to be judged. " Of the same sinister counsell doeth proceed, that her Majestic, without the advice of her estats, yea, without the advice of the no- bilitie ather demanded or givin, hath made and proclamed a king over us, giving unto him, so farre as in her Highnesse lyeth, power over our lands, lives, and heritages, and whatsoever is deerest unto us in the earth. In the which doing, the ancient lawes and liber- teis of this realme are utterlie brokin, violated, and transgressed, and the libertie of the crowne and state royall of Scotland mani- festlie overthrowne, while he was made king over us, that nather hath the title therof by anie lineall descent of blood and nature, nather by consent of the estats. And what extremitie and WTong proceedeth therof to all the subjects, may be easilie scene also by that which alreadie beganne to be practised upon us, in that di- verse of us, the ancient nobilitie, and sindrie of the barons and 574 APPENDIX. gentlemen of this our native countrie, are spoiled of their housses and goods, without anie caus expressed, and against all ancient lawes. " Of the samine fountane of sinister counsell foresaid doeth pro- ceed the dilapidating and waisting of the patrimonie and propertie of her Majestie's crowne, which within these eight moneths bypast is diminished more than the thrid part therof, to the manifest dan- ger of the estat, and great greefe and hurt of the lieges. Which now doeth presentlie appeare, by the taxing and tousting^ of her Majestie's barons and other lieges, which are tousted for repairing of that which Avas so indiscreitlie of the patrimonie forsaid dilapi- dated, as Edinburgh, and other severall persons have ah'cadie felt. " And as the propertie and patrimonie of the crowne is thus di- lapidated, even so are the benefices and patrimonie of the kirk waisted, bought, and sold, and finallie bestowed on them that are most unworthie and most unable to discharge anie suche vocatioun, and are enemeis to the right religioun. " Of the same fountane of sinister counsell doeth proceed the di- visioun that is raised betweene nobilitie and nobilitie, barons and ba- rons, merchants and craftsmen, with the remanent estats of this realrae, which is notoriouslie knowne to have been sought, procured, sett fordward, and brought into executioun by the forsaid coun- sellers in diverse parts of this realme, for their privat gain, and other respects. And also, it is not unknowne to diverse and sindrie, how (of the same sinister counsell) that the lives of diverse of the nobi- litie have beene with all extremitie sought, whill as men of base degree, and voide of all good qualiteis, being placed in high degree, and unmeete rowmes for them and their qualiteis, can never tliinke themselves in full securitie so long as men of vertue and honour, to whom of right that rowme ought to apperteane, sail stand a fordell,^ to controll their abusings and wicked proceidings. " And, finallie, it is also notoiiouslie knowne to the whole realme, that few or no crimes so odious to these counsellers (except onlie to the true worshipping of God) but that remissiouns are able to be ' Assessing. ^ Stand in precedence. APPENDIX. 575 obteaned, and have beene obteaned, by the meanes of the forsaid evill counsellers ; and that for their partlcularitie, and for gaine and brybes : now, persons so unworthie of offices and great charge, and wherupon the justice of this reahne cheefelie dependeth, they have found, and daylie doe find, place and rowme to their sutes, and have obteaned, and daylie obteane, the said rowme ; which must bring subversioun to the estat royall, and to the whole realme in the end. " These enormiteis, and infinit moe, have, and doe give us just occasions to assemble ourselves together, and, as it were, in one bodie and one consent, to seeke by all possible meanes the reforma- tioun of the same ; for the craving wherof, we are thus rigorouslie persued, our lives sought with great extremitie, our housses, lands, and heritages tane, our freinds most wrongouslie and extremouslie used, and for no other crime that we have committed, ather against the queen's Majestic, or our commoun wealth, or anie member ther- of. And, considering that this is the truthe, and cannot be denied, we cannot* doubt but all they that serve God unfainedlie, or minde to have anie part in this commoun wealth, of what estate, degree, or conditioun soever they be, will, in heart and minde, and personall presence, concurrc with us, to the obteaning of reformatioun of the enormiteis. foresaid, as they would be compted right worshippers, and faithfull members of this commoun wealth. Protesting, in th presence of Almightie God, that we crave not this reformatioun for anie anibitioun, nather desire we to seeke the lives, lands, hon- ours, rowmes, nor digniteis of anie Scotishman ; but the mainten- ance of God's truthe, the good successe, godlie libertie, and re- no wne of this our native countrie ; declaring and assuring all Scotish men, that if they refuse to concurre with us for the foi-said causses, we can nather judge them faithfull to God, true to their soverane, loving to this our commoun native countrie, nor keepers of their promises made unto us in the cans of God, as the manifest part of their owne hand-writts doe testifie. And if, for laike of concur- rence, we sail be compelled to seeke support of other realmes, for maintenance of the foresaid just causses, then, we protest also, that 576 APPENDIX. their feareflill hearts, that nather regard God nor the commoun •wealth, Is the cans therof. " Off Diimfi-eis, the 19th of September 1565." B. AX ACT THAT THE LORDS OF SECREIT COUNSELL MADE EST THE TOLBUITH OF EDINBUUGH THE 12tH DAY OF JUNE 1567, DE- CLARING JA3IES ERLE BOTHWELL TO BE THE PRINCIPALL AUTHOR AND MURTHERER OF THE KING's GRACE, OF GOOD MEMORIE, ANT) RAVISHING OF THE QUEEN'S MAJESTEE. " The which day, the Lords of Secreit Counsell and nobihtie, un- derstanding that James Erie Bothwell putt violent hands in om* soveran ladie's most noble person, upon the 24th day of Aprile last bypast, and therafter walrded her Highnesse in the castell of Dum- bar, which he had in keeping : and by a long space therafter con- voyed her Majestic, envirouned with men of warre, and suche freinds and kinsmen of his as would doe for him ever in suche places where he had most dominioun and power, her Grace being destitute of all counsell and servants ; into the which tune, the said erle se- duced by unleasome wayes om' said soverane to an unhonest mariage with himself; which from the beginning is null, and of none effect, for sindrie causses knowne as weill to other natiouns and realmes, as to the inhabitants of this commoun weale, and als expresse con- trare to the law of God, and true religioun professed in this realme, which they are in minde to mainteane to the uttermost point of their life. Attour, the said lords and nobUitie are assuredlie in- formed, that the same James Erie Bothwell, for to bring the ma- riacje betwixt our said soveran la die and him to effect, was the principal! author, deviser, and instrument of the cruell and most abominable murther, committed upon umquhile om* soverane lord, King Harie Stewart, of good memorie, which appeareth to be of APPENDIX. 577 veritie, becaus that the said James Erie Bothwell beinff maried and conjoyned with a wife, the time of the murther forsaid, hath sensyne, and speciallie when he had the queen's Majestie's person into his hands, caused a pretended divorcement to be made, and wrongouslie led, all the processe and sentence therof begunne, ended, and sentence givin therinto within two dayes : ^Vliich con- firmeth the informatioun to the saids lords and nobilitie of the said Erie Bothwell. AIs, he not being content and satisfied with the cruell murther done upon our said soverane. King Henrie Stewart, ravishing, wau-ding, and seducing of the queen's Majestic to an un- lawlull mariage, and holding her yitt in captivitie, is now, as the saids lords and nobilitie are informed, making some assembleis of men, trysting and perswading them to assist him ; which we looke, can be for no other effect, but for to committ the like murther upon the Sonne as was upon the father ; to the which, the saids lords and nobilitie minde with their forces to resist, and als to deliver the queen's Grace furth of most miserable boundage forsaid. There- fore ordeane a macer and officer of armes to passe to the mercat crpces of Edinburgh, Perth, Dundie, Sanct Andrewes, Stirline, Glasgow, &c., and other places needfull, and there, by opin pro- clamatioun, command and charge all and sindrie lieges in this realme, as weill to burgh as to land, that they be in readinesse, upon three houres warning, to passe fordward with the saids Lords of Secreit Counsell and nobilitie, to deliver the queen's Majestie's most noble persoun fiirth of captivitie and prissoun ; and upon the said Erie Bothwell, and all his complices that sail assist him, to bring them to underly the lawes of this realme, for the cruell mur- ther of om' said umquhile soverane. King Henrie, and ravishing and deteaning of the queen's Majestie's person ; and to obviat and resist this most wicked interprise, which, we are informed, he in- tendeth to doe against the prince. Attour, we command all and sindrie suche as will not assist to the revenge of the premisses, and to deliver the queen's Grace's person furth of thraldome, together with all suche as are assisters, complices, or partakers Avith the said VOL. II. 2 o 578 APPENDIX. Erie Bothwell, that they, within foure houres after publicatioim of this present Act, voide and rid themselves furth of this burgh of Edinburgh ; with certificatioun, incace they failzie, that they sail be holdin and reputed as enemeis, and punished in bodie and goods as eifeirs." Impiinted at Edinburgh by Robert Lickprevick. 1567. C. BOTHUEL HEPBURNE'S TESTAMENT AND LATTER WILL. " The Confession of the Lord Bothuell before he died, in the pre- sence of foure lords of Denmark, with manie others in Mal- niye Castell, under the King of Denmark's jurdisdiction, writtin more at length in the Latine and Danish toung ; and these be then- names ; Berreis, governour of Malmye Cas- tell, Pittabray of Alsenburgh Castell, Presizbraw of Vaseull Castell, Mons. Guilliam of Starne Soncostre Castell; with the Bishop of Shone, and foure balifFs of the town ; desiring him, that he would declare his confession, and say nothing but the trueth concerning the King and Queene, and Child, her sone. " He took it upon him at his death, that the queene did never know nor consent to the death of the king ; but he, and liis freinds by his appointment and device, and Hkewise diverse lords, consented therunto, who were not there present at the doing of the deid ; and these be their names ; the Lord James, (after regent,) the Lord Morton, the Erie of Glencarne, the Erie of Argile, the Lord Ro- bert, the Laird Lethingtoun, the Lord Boyde, the Lau'd of Grainge, the Erie of Huntlie, the Erie of Crawfurd, the Laird of Balclcuch, the Lau'd of Phairniherst, with manie others. '• He confessed, that all the freindsliip that he had at the queen's APPENDIX. 579 hands was by meanes of witchcraft, and all kind of inventions be- longing therto ; and that he found the meanes to putt his maried wife away. " He confessed, that, after the mariage, he sought all the means possible to destroy the young child, and manie lords of Scotland, and that by treason. " He confessed, that he had deceived manie gentlewomen both in France and England, and manie other vile facts, which, he said, were too long to rehearse, asking God forgivenesse ; and confessed likewise, that he had takin away two ladies' daughters out of Den- mark into Scotland, and made them both beleeve he would marie them, and defloured them, and manie gentlewomen in Scotland. " He confessed, that he had deceived two of the burrow masters' daughters of Lubeck, with manie moe deeds in that place ; which, he said, would be too long to declare at length. For these ex- pressed, and all his offenses he did since his birth, he asked forgive- nesse, and forgave aU the world ; and was sorrowfull for his of- fenses : received the Sacrament that this was good and true, and therafter died." This confession I found in a peice paper writtin in evill shaip- pen letters, and the construction farre ruder, that skarse could I make out the sense : and, indeed, it appeareth to be forged, partlie to free the queene, partlie to lay an imputa- tion upon the Erles of Murrey and Morton. But how free the Erie of Muri'ay was, and how farre Morton was ac- quainted with the mater, yee may reade in the story. END OF VOLUME SECOND. EDINBURGH PRINTING COMPANY, 12, South St David Street. DateJDize xmsm HHImk!'' {Hcffa^y >r^ .oh,:, WR2 4 mQ ^ 03-«3-e5 32180 MS Prin^H Theological ^^[IJl'T' liiiiuii"'' I »«^7roi&4 9400 Libraries