Chapter 33

"At Edinburgh, the twenty one day of October 1559. The Nobilitie, Baronis, and Broughes convenit to advise upoun the affairis of the commoun-weall, and to ayde, supporte, and succour the samyn, perceaving and lamenting the interprysed destructioun of thair said commoun-weall, and overthrow of the libertie of thair native cuntree, be the meanes of the Quene Regent, and certane strangearis her Prevey Counsallouris, plane contrarie oure Soveranes Lord and Ladyis mynd, and direct against the counsall of the Nobilitie, to proceid by litill and litill evin unto the uttermost, sa that the urgent necessitie of the commoun-weall may suffer na langare delay, and earnestlie craves our supporte: Seing heirfoir that the said Quene Regent, (abusing and owir passing our Soveranes Lord and Ladyis commissioun, gevin and granted to her,) hes in all her proceidingis, persewit the Baronis and Broughes within this realme, with weapones and armour of strangearis, butt ony process or ordour of law, thei being oure Soverane Lord and Ladyis trew liegis, and never called nor convict in any cryme be ony judgement lauchfull; as first at Sanct Johnestoun, in the moneyth of Maij, sche assembled her army against the towne and inhabitantis thairof, never called nor convict in any cryme, for that thei professed trew wirschip of God, conforme to his moist sacrat worde; and lyikwyis in the moneyth of Junij last, without any lauchfull ordour or calling going befoir, invaded the persones of syndre Noble men and Baronis with force of armes convenit at Sanctandrois, onlie for caus of religioun, as is notoriouslie knawin, thei never being callit nor convict in ony cryme: Attour layed garnisonis the same moneth upoun the inhabitantis of the said toun of Sanct Johnestoun, oppressing the liberties of the Quenis trew lieges; for feir of whiche her garnisones, ane great parte of the inhabitantis thairof, fled of the towne, and durst nott resorte agane unto thair housses and heretages, whill thei war restored be armes, thei notwithstanding never being called nor convict in any cryme. And farder, that samyn tyme did thrust in upoun the headis of the inhabitantis of the said towne Provest and Baillies, against all ordour of electioun; as laitlie, in this last moneth of September, sche had done in the townes of Edinburgh and Jedburgh, and diverse utheris plaices, in manifest[998] oppressioun of our liberties. Last of all, declairing her evill mynd toward the Nobilitie, commountie,[999] and haill natioun, hes brocht in strangearis, and dalie pretendis to bring in grettar force of the samyn; pretending ane manifest conqueast of our native rowmes and countree, as the deid it self declaires: in sa far as sche heaving brocht in the saidis strangearis, but ony advise of the said Counsall and Nobilitie, and contrair thair expresse mynd send to her Grace in writt, hes plaicet and planted her saidis strangearis in ane of the principall townis and portis of the realme, sending continewallie for grettar forces, willing thairby to suppress the commoun-weall, and libertie of our native countree, to mak us and our posteritie slaves to strangearis for ever: Whiche, as it is intollerable in commoun-wealthis and free cuntreis, sa is it verray prejudiciall to our Soverane Ladye, and her airis quhatsumever, in caise our Soverane Lord deceise butt airis of hir Grace's persone; and to perfurneise hir wicked interpises,[1000] consavit (as appeiris) of inveterat malice against our cuntree and natioun, causes (but any consent or advise of the Counsall and Nobilitie) cunzie layit-money, sa base, and of sick quantitie, that the hole realme shalbe depauperat, and all traffique with forane nationis evertit thairby; And attour, her Grace places and manteanes, contrair the pleasour of the Counsall of this realme, are strangear in ane of the greattest offices of credite within this realme, that is, in keaping of the Great Seall[1001] thairof, quhairintill great parrellis may be ingenerat to the commoun-weall and libertie thairof: [SN: HIR DOUGHTER FOLLOWED THE SAME; FOR TO DAVY WAS DELIVERED THE GREATT SEALL.[1002]] And farder, laitlie send the said Great Seall furth of this realme be the said strangeare, contrair the advise of the said Counsall, to what effect God knawis; and hes ellis be his meanes alterat the auld law and consuetude of our realme, ever observit in the graces and pardonis granted be our Soveranes to all thair liegis being repentand of thair offenses committed against thair Hienes or the liegis of the realme; and hes introducit a new captiouse styill and forme of the saidis pardonis and remissionis, attending to the practise of France, tending thairby to draw the saidis liegis of this realme, be process of tyme, in a deceavable snair; and farder, sall creipe in the haill subversioun and alteratioun of the remanent lawis of this realme, in contrair the contentis of the Appointment of Marriage; and als peace being accordit amanges the Princes, reteanes the great armye of strangearis after command send be the King of France to reteyre the same, maiking excuise that thei war reteaned for suppressing of the attemptatis of the liegis of this realme, albeit the haill subjectis thairof, of all estaitis, is and ever hes bene reddy to give all debtfull obedience to thair Soveranis, and thair lawchfull ministeris, proceiding, be Godis ordinance: And the said armye of strangearis not being payed of waiges, was layed be her Grace upoun the neckis of the poore communitie of our native countree, who was compelled be force to defraude tham selfis, thair wyffis, and barnes, of that poore substance quhilk thei mycht conqueiss with the sweit of thair browis, to satisfie thair hungar and necessiteis, and quyte the samyn to susteane the idill bellies of thir strangearis. Throw the whiche in all partis raise sick havye lamentatioun, and complaint of the communitie, accusing the Nobilitie and Counsall of thair slewth, that as the same oppressioun we dowbt nott hes entered in befoir the justice-seat of God, sa hes it movit our heartis to rewth and compassioun. And for redressing of the samyn, with other great offenses committed against the publict weall of this realme, we have convened hear, as said is; and as oft tymes of befoir, hes maist humblie, and with all reverence, desyred and required the said Quene Regent, to redress the saidis enormities, and especiallie to remove her strangearis from the neckis of the poore communitie, and to desist fra interprysing or fortificatioun of strenthis within this realme, against the express will of the Nobilitie and Counsall of the same: Yitt we being convened the mair stark for feir of her strangearis, whome we saw presume na other thing bot with armes to persew our lyves and possessiounis, besoght hir Grace to remove the feare of the samyn, and mak the Towne patent to all our Soverane Lord and Ladyis liegis; the same on nawyise wald her Grace grant unto; but when some of our cumpany in peciable maner went to view the said towne, thair wes boyth great and small munitioun schot furth at thame. And seing thairfoir that neather access was granted to be used, nor yitt her Grace wald joyne her self to us, to consult upoun the effairis of our commoun-weall, as we that be borne Counsallouris to the same, be the ancient lawis of the realme; but fearing the judgement of the Counsall wald reforme, as necessitie requyred, the foirsaid enormities, sche refuisses all maner of assistance with us, and be force and violence intendis to suppresse the liberties of our commoun-weall, and of us the favoraris of the samyn: WE, thairfoir, sa mony of the Nobilitie, Barones, and Provest of Burrowes, as ar tweichet with the cair of the commoun-weall, (unto the whiche we acknowledge our self nott onlie borne, bot alswa sworne protectouris and defendaris, against all and whatsomever invaidaris of the same,) and moved be the foirsaidis proceidingis notorious, and with the lamentable complaynt of oppressioun of our communitie, our fallow memberis of the samyn: perceaving farder, that the present necessitie of our commoun-weill may suffer na delay, being convenit (as said is) presentlie in Edinburgh, for supporte of our commoun-weall, and ryplie consulted and advisit, taking the fear of God befoir our eyis, for the causses foirsaidis, whiche ar notorious, with one consent and commoun vote, ilk man in ordour his judgement being required, In name and authoritie of our Soverane Lord and Lady, Suspendis the said Commissioun granted be our saidis Soveranis to the said Quene Dowager; dischargeing her of all administratioun or authoritie sche hes or may have thairby, unto the nixt Parliament to be sett be our advise and consent; and that becaus the said Quene, be the foirsaidis faltis notorious, declairis hir self ennemye to our commoun-weall, abusing the power of the said authoritie, to the destructioun of the samyn. And lyikwyise, we discharge all members of her said authoritie fra thinfurth; and that na cunze be cunzeit fra thinfurth without expresse consent of the said Counsall and Nobilitie, conforme to the lawis of this realme, whiche we manteane: And ordanis this to be notifeid and proclamed be Officiaris of Armes, in all head Burghis within the realme of Scotland. In witnes of the whiche, our commoun consent and free vote, we have subscrivit this present Act of Suspensioun with our handis, day, yeare, and place foirsaidis."

[(_Sic subscribitur_,)

BY US, THE NOBILITY AND COMMOUNS OF THE PROTESTANTS OF THE CHURCHE OF SCOTLAND.][1003]

After that this our Act of Suspensioun was by sound of trumpett divulgat at the Mercat Croce of Edinburgh, we dismissed the Herauld with this answer:--

"PLEIS YOUR GRACE,

"We resavit your answer, and heard the Credit of Lyoun King of Armes, whairby we gathered sufficientlie your perseverance in evill mynd toward us, the glorie of God, our commoun-weall, and libertie of our native countrey. For savetie of the whiche, according to our dewitie, We have in our Soverane Lord and Ladyeis name suspended your Commissioun, and all administratioun of the policey your Grace may pretend thairby, being maist assuiredlie persuaded, your proceidingis[1004] ar direct contrair our Soveranes Lord and Ladyis will, whiche we ever esteame to be for the weall, and nott for the hurte of this our commoun-wealth. And as your Grace will nott acknawledge us, our Soverane Lord and Ladyis liegis, trew barones and liegis, for your subjectis and Counsall, na mair will we acknawledge yow for any Regent[1005] or lauchfull Magistrat unto us; seing, gif any auctoritie ye have be reassone of our Soveranis commissioun granted unto your Grace, the same, for maist wechtie reassones, is worthelie suspended be us, in the name and authoritie of our Soveranis, whais counsall we ar of in the effares of this our commoun-weall. And for als mekle as we ar determinat, with hasard of our lyves, to sett that towne[1006] at libertie, whairin ye have most wrangouslie planted[1007] your soldiouris and strangearis, for the reverence we aucht to your persone, as Mother to our Soverane Lady, we require your Grace to transporte your persone thairfra, seing we ar constrayned,[1008] for the necessitie of the commoun-weall, to sute the samyn be armes, being denyed of the libertie thairof, be sindree requisitionis maid of befoir. Attour, your Grace wald caus departe with yow out of the said towne, ony persone havand commissioun in ambassadore, yf any sick be, or in lieutennentschip of our Soveranis, together with all Frenchemen, soldiouris, being within the same, (whais bloode we thrust nott, becaus of the auld amitie and freindschip betuix the realme of France, and us, whiche amitie, be occasioun of the mariage of our Soverane Lady to the King of that realme, should rather increase nor decrease;) and this we pray your Grace and thame bayth to do within the space of twenty four houris, for the reverence we awcht unto your persones. And thus recommending our humill service to your Grace, we committ your Hienes to the eternall protectioun of God.

"At Edinburgh, the xxiij day[1009] of October 1559. "Your Graces humile Servitouris."[1010]

The day following, we summoned the towne of Leyth by the sound of trumpet, in forme as followeth:--

"I require and charge, in name of oure Soverane Lord and Lady, and of the Counsall presentlie in Edinburgh, that all Scottis and Frenche men, of whatsumever estait and degree thai be, that thei departe of this towne of Leyth within the space of twelf houris, and maik the samyn patent to all and sindrie our Soverane Ladyis liegis; for seing we have na sick haitrent at eyther that ane or that other,[1011] that we thrust the bloode of any of the twa, for that ane is our naturall brother, borne, nurished, and broght up within the bowellis of ane commoun countree; and with that other, our natioun hes continewed lang amitie and allya, and hopis that sa shall do sa lang as swa thei list to use us, and nott suite to maik slavis of freindis, whiche this strenthnyng of oure townis pretendis. And thairfoir maist hartlie desyres that ane and that uther, to desist frome fortifeing and manteanyng of this towne, in our Soveranis and thair said Counsallis name, desyres thame to maik the same free within the space of xij houris."

[SN: TREASSON AMONGIS THE COUNSALL.]

Defiance gevin, thair was skarmissing, without great slawchtter. Preparatioun of scailles[1012] and ledderis was maid for the assault, whiche was concluded by commoun consent of the Nobilitie and Barones. The scailles war appointed to be maid in Sanct Gelis Churche, so that preaching was neglected, whiche did nott a little greve the Preachearis, and many godlie with thame. The Preacharis spared not openlie to say, "That thei feared the successe of that interpryse should nott be prosperous, becaus the begynnyng appeired to bring with it some contempt of God and of his word. Other places, (said thei,) had bene more apt for suche preparationis, then whare the people convenit to commoun prayeris and unto preacheing." In verray deid the audience was wounderfullie trubled all that[1013] tyme, whiche (and other mysordour espyed amanges us) gave occasioun to the Preachearis to efferme, "That God could nott suffer suche contempt of his worde, and abuses of his grace, long to be unpunished." The Quene had amangis us her assured espiallis, who did not onlie signifie unto her what wes our estait, bot also what was our counsall, purposes, and devises. Borne of our awin company war vehementlie suspected to be the verray betrayouris of all our secreattis; for a boy of the Officiallis of Lowthiane, Maister James Balfour,[1014] was tackin carying a writting, whiche did open the maist secreat thing was devised in the Counsall; yea, these verray thingis whiche war thocht[1015] to have bene knawin but to a verray few.

[SN: THE DUCK AND HIS FREINDIS FEIRFULL.]

By suche domesticall ennemyis war nott onlie our purposes frustrat, bot also our determinationis wer oftyme owerthrowin and changed. The Dukis freindis geve unto him suche terrouris, that he was greatlie trubled; and by his fear war trubled many otheris. [SN: THE UNGODLIE SOLDIOURIS.] The men of warr (for the maist parte wer men without God or honestie) made a mutiney, becaus thai lacked a parte of thair waiges: Thei had done the same in Lynlythqw befoir, quhair thei maid a proclamatioun, "That thei wald serve any man to suppress the Congregatioun, and sett up the Messe agane." Thai maid a fray upoun the Erle of Ergylis Hieland men, and slew one of the principall children of his chalmer; who notwithstanding behaved him self so moderatlie, and so studiouse to pacifie that tumult, that many woundered alsweill of his prudent counsall and stowtness, as of the great obedience of his cumpany. The ungodlie soldiouris notwithstanding maligned, and continewing in thair mysordour, thei boasted the Lard of Tullybarne[1016] and uther Noble men, who cohorted thame to quyetness. [SN: THE QUEIN REGENTIS PRACTISES.] All these trubles war practised by the Quene, and putt in executioun by the tratouris amangis our selff; who, albeit they then lurked, and yitt ar not manifestlie noted, yitt we dowbt not but God shall utter thame to thair confusioun, and to the example of utheris. To pacifie the men of warr, a collectioun was devised. But becaus some wer poore, and some wer nigardis and avaritiouse, thair could no sufficient sowme be obteined. [SN: THE FACT OF THE COUNSALL.] It was thocht expedient that a cunze should be erected, that everie Noble man should cunzie his silver work to supplie the present necessitie; and thairthrow David Forress, Johne Harte,[1017] and utheris who befoir had charge of the Cunzie-house,[1018] did promeise thair faythfull lawbouris. [SN: THE TREASOUN OF JOHNE HEART.] Bot when the mater come to the verray point, the said Johne Heart, and utheris of his factioun, stall away, and tuk with thame the instrumentis apt for thair purpose. Whetther this was done by the falsheid and feablenes of the said Johnne, or the practising of otheris, is yitt uncertane. Rested then no hoip amangis our selfis that any money could be furnessed; and thairfoir it was concluded, by a few of those whom we judged most secreat, that Schir Raiff Saidlair, and Schir James Croftis,[1019] then having charge at Berwik, should be tempted, yf thei wald supporte us with any reassonable soume in that urgent necessitie. And for that purpose, was the Lard of Ormestoun directed unto thame in so secreat maner as we could devise. Bot yit our counsall was disclosed to the Quene, who appointed the Lord Bothwell, (as him selff confessed,) to wait upoun the returnyng of the said Lard, as that he did with all diligence; and so being assuredlie informed by what way he came, the said Erle Bothwell foirsett[1020] his way, and cuming upoun him at unwares, did tack him, after that he was evill wounded in the heid;[1021] for nether could he gett his led horse, nor yitt his steall bonet. With him was tacken the sowme of four thowsand crownis of the sone, whiche the forenammed Schir Raiff and Schir James moist lovinglie had send for our supporte. The bruit heirof cuming to our earis, oure dolour was dowbled; not so muche for the loss of the money, as for the tynsall of the gentilman, whome we suspected to have bene slane, or at the least that he should be delivered to the Quenis handis. And so upoun the suddane, the Erle of Errane, the Lord James, the Maister of Maxwell, with the most parte of the horsemen, took purpose to persew the said Erle Bothwell, yf thei mycht apprehend him in Creychttoun or Morhame, whittherto (as thei war informed) he had reteared him self after his treassonable fact: We call his fact treassonable, becaus that thrie dayis befoir he had send his especiall servand, Maister Michaell Balfour, to us to Edinburgh, to purchese of the Lordis of the Counsall licence to come and speak us; whiche we granted, efter that he had promesed, that in the meantyme he should neather hurte us, neather yitt any till us appertenyng, till that he should writt his answer agane, whitther that he wald joyne with us or not. [SN: THE ERLE BOTHWELL FALS IN PROMEISE, AND HIS TREASONABLE FACT.] He gave us farder to understand, that he wald discharge him self of the Quene, and thairefter wald assist us. And yitt in this meantyme, he crewelly and tratorouslie hurte and spuilzeid the noble man foirsaid. Albeit that the departure and counsall of the Erle of Arrane and Lord James, with thair cumpany foirsaid, wes verray suddane and secreat; yitt was the Erle Bothwell,[1022] then being in Crychttoun, advertissed, and so eschaiped with the money, whiche he took with him self, as the Capitane of his house, John Somervaill, (whiche was tackin without lang persuyte,) confessed and affermed. Becaus the Noble men that soght redress, soght rather his saiftie and reconsiliatioun; then destructioun and haitrent thei committed his house to the custody of a capitane, to witt, Capitane Forbess, to whome, and to all soldiouris thair left, was gevin a schairpe commandiment, that all thingis found within the said hous of Crychttoun,[1023] (which war putt in inventorie in presence of the Lordis,) should be keipt till that the Erle Bothwell should geve answer, whitther he wald maik restitutioun or nott. Tyme of advertisment was granted unto him the hole day subsequent, till going doune of the sone.

In absence of the saidis Lordis and horsemen, (we meane the same day that thei departed, whiche wes the last of October,) the Provest and towne of Dundye, togetther with some soldiouris, passed furth of the toune of Edinburgh, and caryed with thame some great ordinance to schuitt at Leyth. The Duck his Grace, the Erle of Glencarne, and the rest of the Noble men, wer gone to the preacheing, whair thei continewed to nye twelf houris. The Frenche being advertissed by ane named[1024] Clerk, (who after was apprehended,) that our horsemen wer absent, and that the hole companye wer at dennar, issched, and with great expeditioun came to the place whair our ordinance wes laid. [SN: THE FIRST DEFAIR[1025] OF THE CONGREGATIOUN.] The towne of Dundye, with a few otheris, resisted a whill, alsweall with thair ordinance as haquebuttis; but being left of our ungodlye and feable soldiouris, who fled without strok offered or gevin, thei war compelled to give back, and so to leave the ordinance to the ennemyis, who did farder persew the fugitives, to witt, to the myddis of the Cannogaite, and to the fute of Leyth Wynd. [SN: THE CRUELTIE OF THE FRENCHE.] Thair crewelty then began to discover the self; for the decrepit, the aiged, the women and childrein, fand no greater favouris in thair furye, then did the strang man, who maid resistance.