Chapter III: Personis Subject to Discipline (11)

[1063] Randolph, in a letter to Cecil, dated 20th March 1564-5, refers
to the excesses of both parties at this time; and in particular, that
"one of the Queen's chappel, a singing man, said, that he believed as
well a tale of Robin Hood as any word is written in the Old Testament
or New." He further adds, the Queen's "own Mass, and the resort into
it; such blasphemies as there unpunished; her will to continue
Papistry, and her desire to have all men live as they list, so
offendeth the godly men's consciences, and so many besides that desire
alteration, that it is continually feared that these matters will
shortly break out to some greater mischief."

About the 20. of this moneth, arrived at Edinburgh, Henry Stewart, Lord Darnley;[1064] from thence he passed to Fyffe: And in the place of Weemes he was admitted to kisse the Queen's hand; whom she liked so well, that she preferred him before all others, as shall hereafter, God willing, be declared. Soon after, in the moneth of March, the Earle Bothwell arrived out of France; whereat the Earle of Murray was highly offended, because of the evil report made to him of the Lord Bothwell; and passing immediately to the Queen's Majestie, demanded of her, If it was her will, or by her advice, that he was come home; and seeing he was his deadly enemy, either he or the other should leave the countrey, and therefore desired that he might have justice. Her answer was, That seeing the Earle Bothwell was a nobleman, and had done her service, she could not hate him: Nevertheless she would do nothing that might be prejudiciall to the Erle of Murray, but desired that the matter might be taken away. Within few days she caused summon the Earle Bothwell to answer to the course of law the 2d of May, for the conspiracy which the Earle of Arrane had alledged two years before, and for the breaking of the ward of the Castle. In the meanwhile there was nothing in the Court but banquetting, balling, and dancing, and other such pleasures as were meet to provoke the disordered appetite; and all for the entertainment of the Queen's cousin from England, the Lord Darnley, to whom she did shew all the expressions imaginable of love and kindenesse.[1065]

[1064] Henry Lord Darnley, then in the twentieth year of his age,
arrived in Edinburgh, on the 13th February 1564-5. After visiting the
Queen at Wemyss Castle, in Fife, on the 16th, he proceeded to Dunkeld,
where his father the Earl of Lennox was residing; but he hastened back
to Edinburgh to wait the Queen's arrival at Holyrood.--In both edit.
1644, his name is always printed "Darley."

[1065] Within a month of Darnley's arrival in Scotland, Queen Mary had
fixed her affections on him, as her proposed husband, and to
communicate this to Queen Elizabeth, was the main object of
Lethington's mission to the English Court. He had arrived there on the
18th April, and had returned to Edinburgh on the 13th May 1565.
(Chalmers's Life of Queen Mary, vol. iii p. 551.)

Within few days, the Queen being at Sterlin, order was given to Secretary Lethington to pass to the Queen of England. The chief point of his message was, to declare to the Queen of England, That the Queen was minded to marry her cousin the Lord Darnley; and the rather, because he was so near of blood to both Queens: for by his mother, he was cousin-german to the Queen of Scotland, also of near kindred, and of the same name by his father: His mother was cousin-german to the Queen of England. Here mark God's providence: King James the Fifth having lost his two sons, did declare his resolution to make the Earle of Lenox his heir of the Crown; but he prevented by sudden death, that design ceased. Then came the Earle of Lenox from France, with intention to marry King James his widow; but that failed also: He marries Mary[1066] Dowglas, and his son marrieth Mary, King James the Fifth his daughter. And so the King's desire is fulfilled, to wit, The Crown continueth in the name and in the family. The Queen of England, nevertheless, shewed her self nothing pleased therewith, but rather declared, That she would in no wise suffer her subjects to make such contracts or alliance that might be prejudiciall to her; and for the same purpose sent a post to the Queen with letters, wherein she complained greatly of the mind of our Mistris, seeing the great affection she bare to her, intending to declare her heretrix of her Realme of England, providing only that she would use her counsell in marriage; but she could not approve her Marriage with the Lord Darnley, although he was their near cousin by birth, since he was below the rank of the Queen by condition, being but a private subject. At the same time she wrote to the Earle of Lenox, and to his son, commanding them to repair both into England. Some write, That all this was but counterfeit by the Queen of England, and from her heart she was glad of the marriage, for by that means the Succession of the Crown of England was secured, the Lord Darnley being the right heir after the Queen of Scotland: and Queen Elizabeth was not angry to see her married to one of inferior rank, for by that means she thought the Scots Queen would be less proud.

[1066] An error in both edit. 1644 for Lady Margaret Douglas: see page
336, note 2.

[Sidenote: At this time an Italian named Davie, entered in great familiarity with the Queen so that there was nothing done without him.]

During this time there were certain letters directed to the Brethren of Edinburgh, to Dundie, Fyfe, Angus, and Mernes, and other places, from the Brethren of Kyle, and other places in the West Countrey, desiring the professors of the Evangel in all places, to remember what the Eternall God had wrought, and how potently he had abolished all kind of idolatry and superstition, and placed his word in this Realm, so that no man could say otherwise but it was the work of God, who also had delivered this countrey from the bondage and tyranny of strangers: Nevertheless by our slothfulness, we have suffered that idol the Masse not only to be planted again, but to increase so, that the maintainers thereof are like, by all appearance, to get the upper hand, which would be the occasion of our destruction: And for that the Papists purposed to set up their idol at Easter following, in all places, which was to be imputed to the slothfulness and want of godly zeal of the professors. Therefore they admonished the Brethren to strive to avert the evil in time, and not to suffer such wickedness to continue and encrease, lest God's heavy wrath come upon us unawares like a consuming fire. By these letters many Brethren were animated, and their spirits wakened, minding to provide as God should give them grace. And first of all, by the advice of the most learned in Edinburgh, there was a Supplication made, and given to the Queen's Majestie by the Superintendent of Lowthian, containing, in effect, That the Church in generall of the Realme, had divers times most humbly craved of her Majesty, That committers of adultery should be punished according to the law of God and the Acts of Parliament, nevertheless they continued in their wickednes; and the Papists, of obstinate malice, pretended nothing else but to erect and set up their idolatry and superstition; and at Easter day following, they intended to put the same in practice, which the Brethren and Professors of the Evangel could not suffer; therefore wished her Majestie to take heed of the matter.

This Supplication the Secretary received of the hands of the Superintendents of Lowthian and Glasgow, and told them, in the Queen's name, That there should be such provision made as should serve to their contentment: And for the same purpose, the Queen's Majestie writ to all such places as were suspected, especially to the Bishop of Saint Andrewes and Aberdeine, (as was said,) not to use any Masse, and that they should not do any such thing as was feared by the Protestants, or convene any Councell, and thereto commanded them. Now the Communion was administred in Edinburgh, the 1st day of April 1565: At which time, because it was near Easter, the Papists used to meet at their Masse; and as some of the Brethren were diligent to search such things, they having with them one of the Bayliffs, took one Sir James Carvet, riding hard, as he had now ended the saying of the Masse, and conveyed him, together with the master of the house, and one or two more of the assistants, to the Tolbuith, and immediately revested him with all his garments upon him, and so carried him to the Market-Crosse, where they set him on high, binding the chalice in his hand, and himself fast tyed to the said Crosse, where he tarried the space of one hour; during which time the boyes served him with his Easter eggs. The next day following, the said Carvet, with his assistants, were accused and convinced by an assize, according to the Act of Parliament: And albeit for the same offence he deserved death, yet for all punishment, he was set upon the Market-Crosse for the space of three or four hours, the hangman standing by, and keeping him, the boyes and others were busie with eggs casting; and some Papists there were that stopped as far as they could: And as the presse of people encreased about the Crosse, there appeared to have been some tumult. The Provost, Archibald Dowglas, came with some Halberdiers, and carried the Priest safe againe to the Tolbuith. The Queen being advertised, and having received sinister information that the Priest was dead, suddenly thought to have used and inflicted some extreme punishment; for she thought that all this was done in contempt of her, and of her Religion; and it was affirmed, That the Towne should have been sacked, and a great number executed to death: she sent to such as she pleassed, commanding them to come to her at Edinburgh suddenly with their whole forces; and in the mean time she sent her Advocate, Master Spence of Condie, to Edinburgh, to take a sure triall of the matter. The Provost and Councell wrote to the Queen the truth of the matter as it was, desiring her Majestie to take the same in good part, and not to give credit to false reports, and therewith sent to her Majestie the processe and enrolment of the Court of the Priest convict. Thus the Queen's Majestie being informed of the truth by her said Advocate, sent againe, and stayed the said meeting of men, and sent to the Town a grave Letter, whereof the copie followeth:--

_The Queen's Letter to the Provest, Bailiffe, and Councell
of Edinburgh._

"PROVEST, Bayliffe, and Councell of our Citie of Edinburgh,
We received your letter from our Advocate, and understand by
this report what diligence you took to stay the tumult in
the late disorder attempted at Edinburgh; wherein, as you
did your duty in suppressing the tumult, so can We not take
in good part, nor think our self satisfied of so notorious a
thing, without certain seditious persons, who were pleased
to do justice perforce and without the Magistrates
authoritie, be condignly and really punished for their
rashnesse and misbehaviour; for if all private persons
should usurpe to take vengeance at their own hands, what
lies in ours? And to what purpose hath good laws and
statutes been established? Since, therefore, We have never
been obstinate to the due punishment of any offenders,
prescribed by the lawes, but have alwayes maintained justice
in that case without respect of persons, it is our will, and
We command you, as you will answer to us upon your obedience
and allegiance, that you will take before you certane of the
most responsall persons which are declared authors of the
said sedition, and usurpers of our authority, and to
administer justice upon them, in such sort as We may know a
sinceritie on your parts, and our authority no wayes
slighted. But if you faile, perswade your selves, (and that
shortly,) We will not oversee it, but will account this
contempt not only to be in the committers thereof, but in
yourselves, who ought to punish it, and relieve us on our
part, remitting the rest to your diligence and execution,
which We look for so soon as reason will permit.

"Subscribed with our hand at Sterlin, this 24. of April,
Anno 1565."

By this manner of writing and high threatning, may be perceived how grievously the Queen's Majestie would have been offended if the said Tarbot[1067] and Messe-monger had been handled according to his demerite, being not only a Papist idolater, but a manifest whoremaster, and a common fighter and blasphemer; nevertheless, within few dayes the Queen charged the Provest and Bailiffs to set him at libertie, commanding them further, that no man should trouble nor molest him in any sort for whatsoever cause, and soon after rewarded him with a benefice, and likewise his assisters, John Low and John Kennedie, set at libertie in the same manner. At this Easter-tyde, in Sterlin, the Queen made her domestick servants use Papisticall rites and ceremonies, and more, she perswaded others by faire means to do the same, and threatned those that were most constant at the Earle of Cassels house.

[1067] So in both edit. 1644; but at page 476 the name is "Carvet."

Upon the second day of May 1565, conveened at Edinburgh, the Earl of Murray with his friends in great numbers, to keepe the day of law against the Earle of Bothwell; who being called, appeared not, only the Laird of Rickerton protested, That the personall absence of the Earle Bothwell should not be prejudiciall to him, by reason, that for just fear, which might happen in the heart of any man, since he had so potent an enemy as the Lord of Murray, who, next the Queen's Majesty, was of greatest estimation and authority of any man within this Realm, to whom assisted at this present day of law, seven or eight hundred men, which force he could not resist, and therefore had absented himself; which protestation being made, those that had been sureties for his appearance, were outlawed. The said Earle Bothwell, a few dayes after, past into France, after he had been in Liddesdale, where, suspecting almost every man, he was not in great assurance of his life, notwithstanding he was not put to the horne; for the Queen continually bore a great favour towards him, and kept him to be a souldier, as appeared within lesse than half a year; for she would not suffer the Lord Morton, nor my Lord Ariskin, my Lord of Murray's great friends, to keep the day. There assisted my Lord of Murray, the Earles of Argyle, Glenearne, and Crawford, with great numbers, and many Lords and Barons, who for the most part conveened the same afternoon to treat and consult for the maintaining of Religion; where some articles were devised, and delivered to the Lord of Murray to be presented to the Queen's Majestie and Privie Councell; which articles were enlarged at the Generall Assembly following, as shall be declared.

In the meane time, as they were informed in Court of this great Assembly of people in Edinburgh, they were affraid, for naturally the Queen hated and suspected all such Conventions as were not in her own presence, and devised by her self. The chief Counsellors in the Court were the Earls of Lenox and Athole. The Queen writ incontinent for all the Lords to come to Sterlin, so soone as she was advertised that they had treated in Edinburgh of Religion; she writ likewise for the Superintendants and other learned men who went thither, and being there, they caused to keep the ports or gates, and make good watch about the towne. The speciall cause of this Convention was to give to the Lord Darnley title of honour, openly and solemnly, with consent of the Nobles, before the marriage.

The fourth day of May the Earle of Murray came to Sterlin, where he was well received by the Queen's Majestie, as appeared; and immediately, as he past with her to my Lord Darnley's chamber, they presented to him a contract, containing in effect, That forasmuch, as, or since, the Queen had contracted marriage with the Lord Darnley, and that therefore sundry Lords of the Nobilitie had under-written, ratified, and approved the same, and obliged themselves to grant unto him in full Parliament the Crowne Matrimoniall, (by a new Court solecisme in policie, the Crowne for the second time is surnamed Matrimoniall; before, when the Queen was first married, it was so called also,) to serve and obey him and her as their lawfull Soveraignes. The Queen desired my Lord Murray to subscribe, as many others had done before; which hee refused to do, "Because, (said he,) it is required necessarily that the whole Nobility be present, at least the principall, and such as he himself was posteriour unto, before that so grave a matter should be advised and concluded."

The Queen's Majesty no wayes content with this answer, insisted still upon him, saying, The greatest part of the Nobilitie were there present and content with the matter, wished him to be so much a Stewart, as to consent to the keeping of the Crown in the family, and the surname, according to their Father's will and desire, as was said of him a little before his death: But he still refused for the causes above written.

Now as the Lords were assembled, an Ambassadour from England, named Sir Nicholas Throckmorton,[1068] arrived at Sterlin, and in his company the Laird of Lethington; the Ambassador was at the Castle gate or ever they were aware; and as he stood there in the entry, he was desired to passe to his lodgings. The next day he had audience of the Queen, and was graciously received according to the dignity of his message. The whole summe of this his message was, to shew and declare to the Queen, how highly the Queen his mistris was offended with this precipitated marriage, and wondered what had moved her to take a man of inferiour rank and condition to her selfe: and therefore disswaded her therefrom. And specially desiring her most earnestly to send home her subjects, the Earle of Lennox and the Lord Darnley: but all in vaine; for the matter was well farre proceeded. In her heart Queen Elizabeth was not angry at this marriage; first, because if Queen Mary had married a foraign Prince, it had been an accesse to her greatnesse, and consequently she had been more redoubted by the other; next, both Harry and Mary were alike and in equall degree of consanguinitie unto her, the father of Mary and the mother of Harry being children to her Father's sister.

[1068] Throckmorton, in his letter to the Queen of England, on the
20th May 1565, mentions that he reached Edinburgh on the 13th, and
Stirling on the morning of 15th May; when, he says, "At my arrival at
the Castle, the gates were shut against me, whether it proceeded from
fear, or of some other passion, I know not. I thus remaining some time
before the gate, there came unto me the Master of Arskine and the
Justice-Clerk, who desired me, in the Queen their Mistress's behalf,
to retire unto my lodging which was appointed in the town, saying,
that after I had reposed myself, the Queen did mind to give me
audience." (Keith's History, vol. ii. p. 279.)

With many fair words the Queen let the Ambassadour depart, promising to do all she could to satisfie the Queen of England; and for the same purpose she would send an Ambassador to her.

[Sidenote: The Earl of Murray seeing the other Nobles consent gave his, which before he refused.]

In the meane time the Queen's marriage with the Lord Darnley was prepared and propounded in Councell, and the chief of the Nobilitie, such as the Duke, the Earles of Argyle, Murray, Glenearne, with the rest, granted freely to the same, providing that they might have the Religion established in Parliament, by the Queene, and the idolatrous Masse and Superstition abolished; shortly it was concluded, that they should convene again to Saint Johnstoun, where the Queen promised to take a finall order for Religion. The day was appointed, to wit, the last of May, at Perth: my Lord of Argile came too late. The Queen's Majestie communed with the Lords, who were very plain with her, saying, Except the Masse were abolished, there should be no quietnesse in the countrey. The twelfth day of May the Lord Darnley was belted, (that is, created) Earle of Rosse, with great solemnity, a belt or girdle being tyed about his waist or middle; and albeit all kinde of provision was made to make him Duke of Rothesay, yet at that time it came not to effect, albeit the crown and robe-royall were prepared to him for the same. For the entertainment of this triumph there were many Knights made, to the number of fourteen.[1069] The next day, which was the thirteenth of May, the Queen called for the Superintendants, by name John Willock, John Winram, and John Spotswood, whom she cherished with faire words, assuring them, that she desired nothing more earnestly than the glory of God, and satisfying of men's consciences, and the good of the Commonwealth; and albeit she was not perswaded in any Religion but in that wherein she was brought up, yet she promised to them that she would hear conference and disputation in the Scriptures: And likewise she would be content to hear publike preaching, but alwayes out of the mouth of such as pleased her Majestie; and above all others, she said, she would gladly hear the Superintendant of Angus, (for he was a mild and sweet natured man,) with true honesty and uprightnesse, John Ariskin[1070] of Dun.

[1069] According to a memorial transmitted by Sir Nicholas
Throckmorton to Queen Elizabeth, this ceremony took place at Stirling
on the 15th May; and he enumerates the names and titles of the
fourteen Knights. (Keith's History, vol. ii. p. 289.)

[1070] In the Lond. edit. 1644, "Sir Ariskin;" in the Edinb. edit.
"Sir Ærskin."

Soon after the Queen past to Saint Johnston, after that she had directed Master John Hay,[1071] Prior of Monimusk, to passe to England, who sped at the Queen of England's hand, even as Sir Nicholas Throckmorton did in Scotland.

[1071] Mr. John Hay was Master of Requests, a Privy Counsellor, and
Commendator of Balmerinoch. He died on the 3d December 1573. (Register
of Confirmed Testaments.)

Before the day which was appointed for the meeting at Saint Johnston, my Lord of Murray, most carefull of the maintenance of Religion, sent to all the principall Churches, advertising them of the matter, and desiring them to advise, and send the most able men in learning and reputation, to keep the day; but their craft and dissimulation appeared, for the Dean of Restalrigge who lately arrived out of France,[1072] with others, such as Mr. John Lesley, Parson of Oyne,[1073] afterward Bishop of Rosse, caused the Queen to understand that thing whereof she was easily perswaded, to wit, That there ought to be given to all men libertie of conscience, and for this purpose to shun or put off the first day appointed. The Queen writ to the Nobility, That because she was informed that there was great meetings out of every shire and town in great number; and then the other partie, (so termed she the Papists,) were minded to gether to the said Convention, which should apparently make trouble or sedition, rather than any other thing; therefore she thought it expedient, and willed them to stay the said meetings, and to deferre the same till such a day that she should appoint with advice of her Councell. At this time there was a Parliament proclaimed to be held at Edinburgh the twentieth day of July. By this Letter, some of the Protestants having best judgement, thought themselves sufficiently warned of the inconveniences and troubles to come. Now her Councell at this time was only the Earles of Lenox and Athole, the Lord Ruthven, but chiefely David Rizio the Italian ruled all; yet the Earle of Rosse[1074] [was] already in greatest credit and familiarity.

[1072] Queen Mary applied for a safe conduct to "Maister John
Sinclair, Deane of Restalrig, being from the partes of France, and
willing to returne hameward," 18th September 1561. (Labanoff, Recueil,
vol. i. p. 227)

[1073] In both edit. 1644, Lesley is called "Parson of Vune," an error
for Une, or Oyne, in Aberdeenshire: see the Appendix to this volume.

[1074] Henry Lord Darnley: see page 495.

These Letters were sent out to the Lords about the eight and twentieth day of May; and within twelve dayes thereafter, she directed new missives to the chief of the Nobility, desiring, or commanding them, to come to Saint Johnston the three and twentieth day of June following, to consult upon such things as concerned Religion, and other things, as her Majesty should propose; Which day was even the day before that the Generall Assembly should have been held in Edinburgh. This last Letter uttered the effect of the former; so that the Protestants thought themselves sufficiently warned. Always as the Earle of Murray was passing to Saint Johnston to have kept the said day, he chanced to fall sick of the fluxes in Lochleven, where he remained till the Queen came forth of Saint Johnston to Edinburgh, where the Generall Assembly of the whole Church of Scotland was held the four and twentieth day of July.[1075] The Earles of Argyle and Glencarne assisted the Church, with a great company of Lods, Barons, and others: It was there ordered and concluded, That certain Gentlemen, as Commissioners from the Church National, should passe to the Queen's Majestie, with certain Articles, to the number of six, desiring her most humbly to ratifie and approve the same in Parliament.

[1075] The General Assembly met at Edinburgh, on the 25th June 1565.

And because the said ARTICLES are of great weight, and worthy of memory, I thought good to insert the same word by word.[1076]

[1076] The Articles here inserted were drawn up by John Erskine of
Dun, John Willock, Christopher Goodman, and John Row; and, on the
following day, they received the Assembly's approbation.

_Imprimis_, That the Papisticall and blasphemous Masse, with
all Papisticall idolatry, and Papall jurisdiction, be
universally supprest and abolisht thorowout this Realme, not
only in the subjects, but also in the Queen's own person,
with punishment against all persons that should be
deprehended to transgresse and offend in the same: And that
the sincere word of God, and Christ's true Religion, now at
this present received, be established, approved, and
ratified, thorowout the whole Realme, as well in the Queen's
own person as in the subjects: And that the people be
[astricted] to resort upon the Sundays at the least, to the
prayers and preaching of God's word, even as they were
before to the idolatrous Masse: And these Heads to be
provided by Act of Parliament, and ratified by the Queen's
Majesty.

_Secondly_, That [sure] provision be made for sustentation
of the Ministry, as well for the time present, as the time
to come: And that such persons as are presently admitted to
the Ministry, may have their livings assigned unto them, in
places where they travell in their calling, or at least next
adjacent thereto: And that the Benefices now vacant, or hath
been vacant since the month of March 1558, or that hereafter
shall happen to be vacant, be disponed to qualified and
learned persons, able to preach God's Word, and discharge
the vocation concerning the Ministry, by tryall and
admission of the Superintendents and Overseers: And that no
Benefice or Living, having many Churches annexed thereunto,
be disponed altogether in any time to come, to any [one]
man, but at the least the Churches thereof be severally
disponed, and that to severall persons; so that every man
having charge may serve at his own church according to his
vocation: And to that effect, likewise the Gleebs and the
Manses be given to the Ministers, that they may make
residency at their Churches, whereby they may discharge
their consciences according to their vocation; and also,
that the Kirks may be repaired accordingly; and that a law
be made and established hereupon by Act of Parliament, as
said is.

_Thirdly_, That none be permitted to have charge of Souls,
[Schools,] Colledges, or Universities, neither privately or
publickly to teach and instruct the youth, but such as shall
be tried by the Superintendents or Visitors of churches,
and found sound and able in doctrine, and admitted by them
to their charges.

_Fourthly_, For the Sustentation of the Poor, That all lands
founded for hospitality of old be restored again to the same
use; and that all lands, annual-rents, or any other
emoluments, pertaining any ways sometimes to the Friers, of
whatsoever Order they had been of; as likewise the
annuities, alterages, obits, and other duties pertaining to
Priests, to be applied to the sustentation of the poor, and
uphold of the town-schools in towns, and other places where
they lie.

_Fifthly_, That such horrible crimes as now abound within
this Realme, without any correction, to the great contempt
of God and his Word; such as Idolatry, blasphemie of God's
name, manifest breaking of the Sabbath-day, witchcraft,
sorcery, inchantment, adultery, manifest whoredome,
maintenance of bordals, murther, slaughter, oppression, with
many other detestable crimes, may be severely punished; and
Judges appointed in every province and diocesse, for
execution thereof, with power to do the same, and that by
Act of Parliament.

_Lastly_, That some order be devised and established for
ease of the poor labourers of the ground, concerning the
[un]reasonable payment of the tythes, who are oppressed by
the leasers of the tythes set over their heads, without
their own consent and advice.

The persons who were appointed by the Church to carry these Articles, and present them to the Queen's Majestie, were the Lairds of Cunninghamhead, Lundie, Spot, and Grange of Angus, and James Baron for the Broughs:[1077] These five past from Edinburgh to Saint Johnston, where they presented the said Articles to the Queen's Majestie, desiring and requiring her Highnesse most humbly to advise therewith, and to give them answer. The next day, ere they were aware, the Queen departed to Dunkeld, and immediately they followed; and after they had gotten audience, they desired the Queen's Majestie most humbly to give their dispatch. She answered, That her Councell was not there present, but she intended to be in Edinburgh within eight dayes, and there they should receive their answer.

[1077] These five Commissioners were, Walter Lundie of Lundie, in
Fife; William Cunningham of Cunninghamhead, in Ayrshire; William
Durham of Grange, in Forfarshire; George Hume of Spot, in
Berwickshire, and James Barron, merchant-burgess of Edinburgh.

At the same time, as the Generall Assembly was holden in Edinburgh, the Brethren perceiving the Papists to brag, and trouble like to be, they assembled themselves at Saint Leonard's Craig,[1078] where they concluded they would defend themselves; and for the same purpose, elected eight persons of the most able, two of every quarter, to see that the Brethren should be ready armed.

[1078] The district of St. Leonard's is now included in the suburbs of
Edinburgh. It is on the south side of the city, immediately in front
of Salisbury Crags.

And when the five Commissioners above named had waited upon the Court four or five days after her Majesties coming to Edinburgh, there the matter was proposed in Councell: And after long and earnest reasoning upon these Articles, at length it was answered to the Commissioners by the Secretary, That the Queen's Majesties command was, That the matter should be reasoned in her presence; which for the gravitie of the same, there could nothing be concluded at that time, albeit the Queen's Majestie had heard more in that matter then ever she did before: But within eight days thereafter, she understood that a great part of the Nobilitie should be present in Edinburgh, where they should have a final answer.

At length, the one and twentieth of August, they received the answer in writing in her presence, according to the tenour hereof, as followeth:--

THE QUEEN'S MAJESTIES ANSWER TO THE ARTICLES PRESENTED TO
HER HIGHNESSE, BY CERTAIN GENTLEMEN, IN THE NAME OF THE
WHOLE ASSEMBLIE OF THE CHURCH.

To the first, Desiring the Masse to be suppressed and
abolished, as well in the head as in the members, with
punishment against the contraveners; as also, the Religion
professed to be Established by Act of Parliament: It was
answered first, for her Majesties part, That her Highness is
no way yet perswaded in the said Religion, nor yet that any
impiety is in the Masse; and therefore believeth, that her
loving subjects will not press her to receive any Religion
against her conscience, which should be unto her a
continuall trouble by remorse of conscience, and therewith a
perpetuall unquietness. And to deal plainly with her
subjects, her Majesty neither will nor may leave the
Religion wherein she hath been nourished and brought up, and
believeth the same to be well-grounded; knowing, besides the
grudge of conscience that she should receive, upon the
change of her own Religion, that she should lose the
friendship of the King of France, the married Allia of this
Realme, and of other great Princes her friends and
confederates, who would take the same in evil part, and of
whom she may look for their great support in all her
necessities. And having no assured consideration that may
countervail the same, she will be loth to put in hazard all
her friends at an instant; praying all her loving subjects,
seeing they have had experience of her goodness, that she
hath neither in times past, not yet intends hereafter, to
press the conscience of any [man,] but that they may worship
God in such sort, as they are preswaded in their conscience
to be best, that they will also not presse her conscience.

As to the establishing of Religion in the body of the
Realme, they themselves know, as appears by their Articles,
that the same cannot be done only by consent of her
Majestie, but requires necessarily the consent of the
[three] States in Parliament; and therefore so soon as the
Parliament holds, those things which the [three] States
agree upon amongst themselves, her Majestie shall consent
unto the same; and in the mean time shall make sure, that no
man be troubled for using [themselves in] religion according
to conscience; so that no man shall have cause to doubt,
that for religion's sake men's lives and heritage shall be
in any hazard.

To the second Article, it is answered, That her Majestie
thinks it no wayes reasonable, that she should defraud her
self of so great a part of the patrimony of the Crowne, as
to put the Patronage of Benefices forth of her own hands;
for her owne necessity in bearing of her port and common
charges will require the retention thereof, and that in a
good part, in her owne hands: Neverthelesse her Majestie is
well pleased, that consideration being bad of her owne
necessity, and what may be sufficient for [her, and for] the
reasonable sustentation of the Ministers, a speciall
assignation he made to them in places most commodious and
meet: with which her Majesty shall not meddle, but suffer
the same to come to them.

To the third Article, it is answered, That her Majestie
shall do therein as shall be agreed by the States in
Parliament.

To the fourth Article, Her Majesties liberality towards the
poore shall alwayes be so far extended, as can be reasonably
required at her hands.

To the fifth and sixth Articles, Her Majesty will refer the
taking order therein unto the States assembled in
Parliament.[1079]

[1079] The Queen's Answers to the Articles were presented by the
Commissioners at the next meeting of the General Assembly, on the 25th
December 1565. They were declared to be unsatisfactory to the Kirk,
and Mr. John Row was directed "to put in wryte, Answers to the
Answers." These Answers are inserted in the Book of the Universall
Kirk, vol. i. p. 69; and also the Supplication, which the Assembly on
the 26th December prepared "to be presented to the Queen and Counsell,
by the Lord Lindesay, and David Murray, brother to the Laird of
Balvaird." (Book of the Univ. Kirk, vol. i. p. 71.)

As the Queen's Majestie came from Saint Johnston, over Forth to the Callender, she was conveyed to the water side of Forth with two hundred spears: For at that time it was bruted, that there was some lying in wait at the Path of Dron.[1080] In the mean time the Earle of Murray was in Lochlevin, and the Earle of Argyle with him. Now in the Callender[1081] the Lord Levingston had desired the Queen's Majestie to be witnesse to the christning of a child; for his Lady was lately delivered and brought to bed: And when the Minister made the sermon and exhortation concerning baptisme, the Queen's Majestie came in the end, and said to the Lord Levingston, "That she would shew him that favour that she had not done to any other before;" that is, that she would give her presence to the Protestant sermon, which was reckoned a great matter.

[1080] Dron, the name of a small parish in Perthshire, at the foot of
the Ochil hills.

[1081] Callender, near Falkirk, the seat of William fifth Lord
Livingstone of Callender, in the shire of Stirling.

The Queen being in the Callender, was informed both by word and letters by false brethren, That a great part of the Protestants of Edinburgh had lately convened upon Saint Leonard's Craigs, and there made a conspiration against her; and had chosen for the same purpose certain Captains to governe the rest: And without any tryall, or perfect notice taken in the case, she sent to the Provest and Bayliffs of Edinburgh, commanding them to take and apprehend Alexander Guthrie, Alexander Clerke, Gilbert Lawder, and Andrew Sclater, and put them in prison in the Castle.[1082]

[1082] On the 10th July 1565, a messenger was sent "within Edinburgh,
to Summond Alexander Guthrie, Alexander Clerk, Gilbert Lauder, and
Andro Sklater, burgesses of the said burgh, to compeir before the
Justice and his deputis in the Tolbuith of Edinburgh, on the 26th
July," &c. (Treasurer's Accounts.) The office of Town-Clerk being held
by Guthrie, was disposed of at this time to David Chalmers of Ormond,
who, in January preceeding, had been appointed one of the Lords of
Session. He was an adherent of Bothwell, and was openly accused as
having been accessary to the murder of Darnley, but was never brought
to trial.

This new and unaccustomed fashion of proceeding seemed to be very strange: And because the said four persons were not apprehended, she sent the next day a charge to the Provest and Bayliffs, and to her owne great Treasurer, to passe to the houses of the said foure men, and likewise to their booths or shops, and there to take inventory of all their goods and chattells; and commanded the said Treasurer to take the keyes of the said houses and booths, together with the said inventory; which was executed in effect, especially upon the said Alexander Guthrie his wife, he being then common Clerke, and one of the greatest in estimation within the towne: his wife and children were shut out of their house, and compelled to seek some other lodging in the town.

By this manner of proceeding, the hearts of all men of spirit and judgement were wonderfully abashed and wounded, seeing and perceiving these things so furiously handled upon sinister and wrong information, men never called to their answer, nor heard, nor any triall taken therein. Immediately thereafter, as she came to Edinburgh, she called to counsell such as pleased her Majestie, and there complains of the said matter, alleadging it to be a conspiracy and manifest treason. And another matter likewise was complained upon, that the Earle of Argile (as the Queen was surely informed,) was riding with a great army to invade the Earle of Athole and his lands. For the first matter it was concluded by the Councell, that diligent inquisition should be made in the matter, and to that purpose appointed the Queen's Advocates, Master John Spence of Condie,[1083] and Master Robert Crichton, to examine such as they would; and when the said Advocates had called before them, and examined a sufficient number, and their depositions subscribed and delivered to the Queen, there was nothing found worthy of death nor treason: At length the said four persons were summoned to answer at law.

[1083] Spens of Condie (see page 101,) had been appointed joint
Advocate with Henry Lauder, 21st October 1555. On the 8th February
1560, Robert Crichton of Elliock was conjoined with Spens in place of
Lauder. Crichton died in June 1581. He was the father of James, "the
Admirable Crichton." See Tytler's Life of Crichton, and Senators of
the College of Justice, p. 176.

For the [other] matter, That the Queen's Majestie should send to the Earles of Argyle and Athole some of her Councell or familiar servants to take order touching it.[1084] And when the Secretary, the Justice Clarke, and Lord of Saint Colme[1085] had past to the said Earl of Argyle, they found no such thing; but in Athole there was great fear come of a sudden fray; for after many proclamations, the Fire-crosse (which they made use of in lieu of beacons) was raised in Athole.

[1084] On the 6th July 1565, £8, 10s. was paid "to Johne Paterson,
Snawdon herald, and John Brand, messinger, passand of Edinburgh with
letters of the Quenis Grace, to charge Archibald Erle of Argile and
Johne Earle of Athole, to desist and ceiss fra ony convocation of our
Souerane Ladeis liegis; being in cumpany with William Maitland,
Secretar, and Sir Johne Bellenden, thair Hienes Justice Clerk."

[1085] James Stewart, Commendator of St. Colme: see page 88, note 7.

Now as the day of Parliament approached, the Lords pretending to consult before what should be done, as well in Religion, as for the Commonwealth, the fifteenth day of July there convened at Sterlin the Duke, the Earles of Argyle, and Murray, Rothes, and other Lords and Barons; and as they were devising and consulting, the Queen's Majesty taking their meeting in evill part, sent her Advocates, Master John Spence and Master [Robert] Crichton, to them at Sterlin, requiring the cause of their meeting. They answered, That the speciall occasion of their meeting was for the cause of Religion and the assurance thereof, according as they had lately written to the Queen's Majesty in Seaton from the town of Edinburgh, they desiring then to prorogate the day.

Finally, when the said Advocates could by no means perswade them to come to Edinburgh, they returned again to Edinburgh, and declared to the Queen's Majestie according as they had found.

In the mean time the Parliament was prorogated at the Queen's Majesties command to the first of September next after following; for it was thought, that the least part and principall of the chief Nobility being absent, there could no Parliament be holden: at the same time the Queen's Majestie perceiving that the matter was already come to a maturity and ripenesse, so that the minds and secrecy of men's hearts must needs be disclosed, she wrote to a great number of Lords, Barons, Gentlemen, and others that were nearest in Fife, Angus, Lowthian, Mers, Tevidale, Perth, Lithgow, Clidsdall, and others to resort to her, in this form of words hereafter following:--

_The Queen's Letter._

"TRUST FRIEND, We greet you well: We are grieved indeed by
the evill bruite spread amongst our lieges, as that we
should have molested any man in the using of his Religion
and conscience freely, a thing which never entred into our
minde; yet since we perceive the too easie beleeving such
reports hath made them carelesse, and so we think it becomes
us to be carefull for the safety and preservation of our
State; wherefore we pray you most affectionately, that with
all possible haste, (after the receipt of this our Letter,)
you with your kindred, friends, and whole force, well
furnished with armes for warre, be provided for, fifteen
dayes after your coming, addresse you to come to us, to
write and attend upon us, according to our expectation and
trust in you, as you will thereby declare the good affection
you bear to the maintenance of our authoritie, and will do
us therein acceptable service.

Subscribed with Our hand at Edinburgh, the seventeenth
day of July, 1565."

There was likewise Proclamation made in Edinburgh, That the Queen minded not to trouble nor alter the Religion; and also Proclamations made in the Shires above mentioned, for the same purpose, That all freeholders and other gentlemen should resort, (in the aforesaid manner,) to Edinburgh, where the Earl of Rosse was made Duke of Rothesay, with great triumph, the 23rd day of July. The same afternoon the Queen complained grievously upon the Earl of Murray, in open audience of all the Lords and Barons; and the same day the bans of the Earl of Rosse and Duke of Rothesay and the Queen's marriage were proclaimed. About this time the Lord Arskin was made Earl of Marre. In the mean time there were divers messages sent from the Queen's Majestie to the Lord of Murray, first, Master Robert Crichton, to perswade him by all means possible to come and resort to the Queen's Majestie: His answer was, That he would be glad to come to her self, according to his bounden duty; yet for as much as such persons as were most privie in her company were his capitall enemies, who also had conspired his death, he could no wayes come so long as they were in Court.

Soon after my Lord Erskin, and the Master Maxwell, past to him to St. Andrews, rather suffered and permitted by the Queen, then sent by her Highness; after them the Laird of Dun, who was sent by the means of the Earl of Mar; but all this did not prevail with him; and when all hope of his coming was past, an herald was sent to him, charging him to come to the Queen's Majesty, and answer to such things as should be laid to his charge, within eight and fourty hours next after the charge, under pain of rebellion; and because he appeared not the next day after the eight and fourty hours, he was denounced rebell, and put to the horne. The same order they used against the Earl of Argyle; for the Queen said she would serve him and the rest with the same measure they had mete to others, meaning the said Argyle.

In the mean while, as the fire was well kindled and enflamed, all means and ways were sought to stir up enemies against the chief Protestants that had been lately at Sterlin; for the Earl of Athole was ready bent against the Earl of Argyle: the Lord Lindesay against the Earl Rothesse in Fyfe, they both being Protestants; for they had contended now a long time for the heir ship of Fyfe: And that no such thing should be left undone, the Lord Gordon,[1086] who now had remained neer three yeers in prison in Dumbar, was, after some little travell of his friends, received by the Queen; and being thus received into favour, was restored first to the Lordship of Gordon, and soon after to the Erldom of Huntley, and to all his lands, honours, and dignities, that he might be a bar and a party in the North to the Earl of Murray.

[1086] George Lord Gordon fifth Earl of Huntley: see page 360, note 1.
His restoration to his forfeited titles was proclaimed at the Cross of
Edinburgh, on the 26th August 1565 (Diurnal of Occurrents, p. 810)

[Sidenote: The Dispensation being come from Rome for the Marriage: Before which, according to the Romish law, it was unlawful to marry, being Cousin-Germans, brother and sister's children, and so the degree of consanguinity forbidden.]

The 28. of July,[1087] late in the evening, neer an hour after the sun's going down, there was a Proclamation made at the Market-Cross of Edinburgh, containing in effect:

"THAT forasmuch as at the will and pleasure of Almighty God, the Queen had taken to her husband a right excellent illustrious Prince, Harry Duke of Rothesay, Earl of Rosse, Lord Darnley, Therefore it was her will, that he should be holden and obeyed, and reverenced as King: Commanding all letters and proclamations to be made in the names of Henry and Mary in times coming."

[1087] In both edit. 1611, "The 18," an error for the 28th of July.

The next day following, at six hours in the morning, they were married[1088] in the Chappell Royall of Halyrud-House, by the Dean of Restalrig; the Queen being all clothed in mourning: But immediately, as the Queen went to Masse, the King not with her, but to his pastime. During the space of three or four days, there was nothing but balling, and dancing, and banquetting.

[1088] On Sunday, the 29th July 1565, "the said Henrie King, and Marie
Quene of Scottis, wes marijt in the Chapel o f Halyrudhous, at sex
houris in the mornyng, be Mr. Johne Sinclare, Deane of Restalrig, wilh
greit magnificence, accompanyit with the haill Nobilitie of this
Realme." (Diurnal of Occurrents, p. 80.)]

In the mean time, the Earl Rothesse, the Laird of Grange, the Tutor of Pitcur, with some gentlemen of Fyfe, were put to the horne, for non-appearance; and immediately the swash, tabron, and drums were stricken or beaten, for men of war to serve the King and Queen's Majestie, and to take their pay. This sudden alteration and hasty creation of Kings, moved the hearts of a great number.

Now, amongst the people there were divers bruits; for some alleadged, That the cause of this alteration was not for Religion, but rather for hatred, envie of sudden promotion or dignity, or such worldly causes: But they that considered the progress of the matter, according as is heretofore declared, thought the principall cause to be only for Religion.

In this mean time, the Lords past to Argyle, taking, apparently, little care of the trouble that was to come: Howbeit they sent into England Master Nicolas Elphinston for support, who brought some moneys in this countrey, to the sum of ten thousand pounds sterlin. There came one forth of England to the Queen, who got presence the seventh of August in Halyrud-House. He was not well, &c.[1089]

[1089] In both edit. 1611, the paragraph ends in this abrupt manner.
The addition of the word "received" might supply the "&c.," as it
refers to a message from England, which was sent by John Tamworth; but
not being duly accredited, in order to avoid acknowledging Darnley as
King, he consequently "was not well received." See Keith's History,
vol. ii. p. 351.

[Sidenote: Note this for our time.]

About the fifteenth of August, the Lords met at Aire, to wit, the Duke of Hamilton, the Earls Argyle, Murray, Glencarne, Rothesse, the Lord Boyd and Ochiltrie, with divers Barons and Gentlemen of Fyfe and Kyle, where they concluded to be in readiness with their whole forces the four and twentieth day of August. But the King and Queen with great celerity prevented them; for their Majesties sent thorow Lowthian, Fife, Angus, Strathern, Tividaile, and Cliddisdaile, and other shires, making their Proclamations in this manner, "That forasmuch as certain Rebels, who, (under colour of Religion,) intended nothing but the trouble and subversion of the Commonwealth, were to convene with such as they might perswade to assist them; therefore they charged all manner of men, under pain of life, lands, and goods, to resort and meet their Majesties at Linlithgow, the 24. day of August."

[Sidenote: The King, to make himself more popular, and to take from the Lords of the Congregation the pretext of Religion, he went to the Kirk to hear John Knox preach.]