Chapter 47

[150] In a letter from Sir Thomas Wharton, at Carlisle, 7th November 1538, to Lord Crumwell, it is said, "There was at Dumfreis laitlie one Frere Jerom, callid a well lernid man, taken by the Lorde Maxvell upon commandment from the Bishopis, and lyith in sore yerons, like to suffre for the Inglish menes opynyons, as thai saie, anenpst the lawis of Gode. Hit passeth abrode daylie, thankes be to God, there, all that same notwithstandinge."--(State Papers, vol. v. p. 141.)

[151] Petrie the Church Historian, says, "The summer following (1539,) Jerome Russell, a Gray friar, and Thomas Kennedy, a young man of Aire, not above 18 years of age, were at Glascow, accused of heresy."--(Hist. p. 179.) Whether he had any authority for calling him Thomas, can only be conjectured. Calderwood names him N. Kennedy; hence he has been called Ninian; but see note 23.

[152] Of Mr. John Lauder mention will afterwards be made, in connexion with Knox's account of George Wishart's trial.

[153] Oliphant was educated at St. Andrews, his name occurring among the Determinants, in 1525. Having taken his Master's degree, he obtained preferment in the Church, as Vicar of Foulis and Innertig; and was employed by Cardinal Beaton as his confidential agent at Rome. In Sadler's State Papers is an intercepted letter from Beaton to him, dated 11th November 1539, (vol. i. p. 13.) In May 1540, in the proceedings against Sir John Borthwick, he is styled Notary Public, and Secretary to Cardinal Beaton. Oliphant, (misnamed Eliphant,) in the Provincial Council, held at Edinburgh in 1549, is styled "Secretarius et Notarius in Concilio."--(Wilkins, Conc. vol. i. p. 46.) In 1553 and 1554, he was again employed at Rome, in the affairs of the Governor and of Archbishop Hamilton; and in 1558, he appeared as the accuser of Walter Myll, when tried for heresy. See next note. The name of Mr. Andro Oliphant, Notary Public, also occurs in November 1559, in the Acts of Parliament, (vol. ii. p. 508.)

[154] In MS. G, "servantis." In Vautr. edit. "servantes;" and Vautr. edit., MSS. A, E, &c., read "Meitman." Of this Friar, who with Lauder and Oliphant, are emphatically styled "servants of Satan," not much is known. According to Pitscottie, whilst Schir Andrew Oliphant stood forth as the public accuser of Walter Myln, in April 1558, Friar Maltman preached a sermon on the same occasion, previously to his trial in the Abbey Kirk of St. Andrews.

[155] Petrie, in his notice of their trial, says, "because Bishop Gawin Dunbar was thought cold in the business, Messrs. John Lauder, and Andro Oliphant, and Frier Maltman, were sent from Edinburgh to assist him."--(Hist. Part ii, p. 179.) We may indeed conclude, that unless for the zeal of these Inquisitors, Russell and Kennedy might have escaped martyrdom.

[156] In MS. G, "trod:" in Vautr. edit. "taken."

[157] Thomas Duke of Norfolk, in a letter to Lord Crumwell from Berwick, 29th of March 1639, says, "Dayly commeth unto me, some gentlemen and some clerkes, wich do flee owte of Scotland, as they saie, for redyng of Scripture in Inglishe; saying that, if they were taken, they sholde be put to execution. I geve them gentle wordes; and to some, money." In the same letter, he adds, "Here is nowe in this toune, and hath be[ne] a good season, she that was wife to the late capitaigne of Donbar, and dare not retorne, for holding our waies, as she saithe. She was in Englande, and sawe Quene Jane. She was Sir Patricke Hamelton's doughter, and her brother was brent in Scotlande 3 or 4 yeres past."--(State Papers, vol. v. p. 155.) This last reference as to date is an obvious mistake. See extract from Foxe's Martyrs, in Appendix, No. V., respecting Katherine Hamilton, and her brother, James Hamilton of Kincavel, who returned in 1540, and is mentioned in the following note.

[158] Sir James Hamilton of Finnart was a bastard son of James first Earl of Arran; but he obtained letters of legitimation, 20 Jan. 1512-13. His slaughter of the Earl of Lennox in 1526, (see note 116,) was rewarded by the Captaincy of Linlithgow Palace. In Buchanan's Admonition, written in 1570, after the Regent Earl of Murray's death, to expose "the practises of the Hamiltons," there is a detailed account of the several conspiracies against James the Fifth, in which Sir James was concerned. But Hamilton latterly became a favourite of the King, and acquired large possessions. In 1533, he was appointed an Extraordinary Lord of Session; and, as Master of Works, he superintended the building or additions made to the Palace of Linlithgow, Blackness Castle, and other royal edifices.--(Treasurer's Accounts, Sept. 1538, and April 1539.) On the 9th of October 1539, is this entry,--

"Item, gevin to Schir James Hammiltoun, Master of Wark, to compleit the Kingis wark in Striveling, as the appointment and contract maid betuix the Compt and him thairupon beris, iiij^m. lib." (£4000.)

"Item, (in April 1540,) gevin to Schir James Hammyltoun, in parte payment of the rest of his comptis for the warkis of Lynlythqw and Blakness, at the Kingis command, be ane precept, iij^c. lib." (£300.)

But his fate was not less sudden than it must have been unexpected. In the same record, we find that on the 16th of August 1540, a messenger was employed "for summonyng of ane assiss to Schir James Hammiltoun, and for wyne brocht into the Lordis, being upoun his inqueist, xv s. x d."--His accuser was James Hamilton of Kincavel, Sheriff of Linlithgow, and being convicted of treason, which had been long concealed, his sentenco was carried into immediate execution.

[159] Pitscottie has given a more detailed narrative of Sir James Hamilton's condemnation and of the King's vision.

[160] The birth of a Prince, named James after his father, on 22d of May 1540, is mentioned at page 82, note 1. The younger son, named Arthur, Duke of Rothesay, &c., was born at Stirling, in April 1541, where he died, according to Lesley, eight days after his baptism.--(Hist. p. 188.) In the Treasurer's Accounts, about the end of April 1541, there was paid "to Andre Zare in Striviling, for ane cap of leid that my Lord Duke was buried in." Prince James died within six hours of Arthur. Mr. Tytler falls into a strange mistake in placing their death subsequently to that of Queen Margaret, widow of James the Fourth. In a letter to her brother Henry the Eighth, written from Stirling, on the 12th of May 1541, she mentions the great distress "for the death of the Prynce and hys brothar, both with the Kyng my derrest son, and the Quene hys wyffe."--(State Papers, vol. v. p. 188.) The Queen Dowager died, however, within a few months; the "Diurnal of Occurrents" says on the 24th of November. This date is evidently incorrect, as on the 1st of that month, messengers were despatched with letters "to divers Lordis and gentilmen to cum to the Quenis tyrement." (Treasurer's Accounts.) A letter, describing her last illness, is preserved among the State Papers, vol. v. p. 193, written in December, by Ray the pursuevant, who had been sent by the Privy Council to Scotland specially to report on the subject.

[161] His death may be referred to the end of the year 1541, or early in 1542; as the Treasurer paid "to David Hardy, be ane tykket of George Steilis, for hinging of the tapescherie in Halyrudhouse, and doun taking of the samin, vij s." on the 16 Oct. 1541.--The name of George Steill is occasionally met with in the Treasurer's Accounts, during the reign of James the Fifth. We may conjecture that he was the son of John Steill, one of the servitors to James the Fourth, (apparently King's tailor,) from 1495 to 1502. George, who was a burgess of Edinburgh, had acquired the lands of Houston, and other property. He had a charter under the Great Seal, of the office of Coquet Clerk of the borough: "Officii Clericatus Coketæ Burgi de Edinburgo," 3 Sept. 1523. The charters of the lands of Houston, in Linlithgowshire, were granted to himself and Christian Wilson his spouse, 31 July 1530, and 22 Sept. 1532. He had also a charter of "the Common-myre near Duddingston Loch," in the County of Edinburgh, 24 July 1540. In the year 1672, the Common-myre is described as extending to 52 acres, in the barony of Preistfield, now Prestonfield, (Retours, Edin. No. 1196.)

[162] Thomas Scott of Pitgorno, in Fife, was the second son of Sir William Scott of Balweary, (Douglas's Baronage, p. 304.) A person of the same name was a Licentiate at St. Andrews in 1501. He seems to have held some situation at Court, as, among other persons of the Royal Household, he received £40, at Christmas 1530, for their "fealis and pensionis." In 1533, the Treasurer also paid "Thomas Scot for his fee, be the Kingis precept," the sum of £133, 2s. 8d. On the 19th of October 1532, Scott was admitted an Ordinary Lord of Session, in the room of his father, who was then deceased--(Senators of the College of Justice, p. 40.) As a further mark of Royal favour, he was appointed Justice Clerk in 1535. A letter, signed by him, "Thomas Scott of Pitgorno," on the 1st of December 1537, addressed to Crumwell, complains of the resetting of traitors who had escaped to England, (some of them, we may suppose, were persons accused of heresy;) and he concludes with suggesting that Henry the Eighth would make an acceptable "propyne" to his nephew, by sending James a young lion, brought from Flanders.--(State Papers, vol. v. p. 125.)

[163] Scott's death must have taken place about the close of 1539, the office of Justice-Clerk having been conferred on Thomas Bellenden of Auchinoul, 26th December that year. In a letter written by Mr. Alexander Colvile, Justice-Depute, 20th December 1622, the above confession of Scott is thus mentioned in connection with the appointment of suitable persons to the office of Justice-Clerk, "If he, I say, be not a sound, conscientious man, and free of baise bribrie, he may prove a pernitious instrument, and to the cawse that iniquitie may be committed; as we have yit in memorie of one Thomas Scot of Abotishall, quho was Justice Clerk to James the Fift, of happie memorie, quho being strukin with a terror of conscience, at the hour of his death, for his evill cariage in that place, dyed in desperation, crying, 'I am damned! I am damned!'"--(Pitcairn's Criminal Trials, vol. iii. p. 596.) A proof of Scott's iniquitous proceedings is embodied in the Act of Parliament rescinding the forfeiture of John Lord Glammys, on the 15th of March 1542-3, upon a pretended Confession, being "fraudfullie indusit be umquhile Thomas Scot, Justice-Clerk, and utheris familiaris to our said umquhile Soverane Lord, to mak the said pretendit Confessioune, sayand to him, that his life, landis, gudis, movabill and ummovabill, suld be saif to him; and that na process nor sentence of forfaultor sould be led aganis him."--(Acta Parl. Scot. vol. ii. p. 422.)

[164] Mr. Thomas Marjoribanks of Ratho, was one of the ten Advocates admitted at the institution of the College of Justice, 7th of May 1532. He acquired the lands of Ratho in 1540; and in that year, he was Provost of Edinburgh, and sat in the Parliaments 1540 and 1546. He was admitted a Lord of Session, and Clerk-Register, on the 8th of February 1548-9, as successor to Sir James Foulis. "Maister Thomas Marjoribankis, now Clerk of oure Soverane Ladyes Register, for his feyes in the yeris of God 1549 and 1550," received "for ilk year 20 merkis, _Summa_ £26, 13s. 4d." He was deprived of the office of Clerk-Register in 1554, and died before 1560.--(Senators of the College of Justice, p. 98.)

[165] Mr. Hugh Rigg was admitted an Advocate, on the 16th of November 1537. He obtained a Charter of Confirmation to himself and Janet Hopper his spouse, of the lands of Carberry, in the shire of Edinbuigh, 21st July 1543. The old baronial mansion-house of Carberry stands in the eastern part of the parish of Inveresk.--(New Statistical Account.) Hugh Rigg is again mentioned by Knox, and also by Pitscottie, as one of the four persons to whom the Governor of Scotland communicated the overtures of the Duke of Somerset, immediately previous to the battle of Pinkie. He was succeeded by his son James Rig of Carberry, whose name occurs, in 1577 and 1580, in lists of Assize (Pitcairn's Crim. Trials); and "Mag^r. Quintigernus Rig," was served heir to his father, James Rig of Carbarry, 29 Jan. 1600.--(Retours, Edinb. No. 30.)

[166] Mr. Thomas Bellenden, or Bannatyne, of Auchinoul, was the son of Patrick Bellenden. He was admitted an Ordinary Judge on the 22d of June 1535. He was appointed Director of Chancery, 10th of September 1538; and on the 26th of December 1539, he succeeded Scott of Pitgorno, as Justice-Clerk. He was one of the Commissioners who met for redress, on the Border; and Sir William Eure informs Crumwell, on the 26th of January 1540, that he had "hade diverse commynyages with Mr. Thomas Bellendyn, one of the said Counsellours for Scotlande, a man by estymatioun apperaunte to be of th'age of fiftye zeres or above, and of gentle and sage conversatioun, specially touching the staye of the spiritualitie of Scotland."--(State Papers, vol. v. p. 169.) He died in 1546, and was succeeded in his offices of Justice-Clerk and Director of Chancery, by his eldest son, Sir John Bellenden.

[167] Buchanan was born in the year 1506. Having taken his Bachelor's degree at St. Andrews, 3d Oct. 1525, he completed his academical course at Paris. It is usually stated that he returned to Scotland, along with Gilbert Earle of Cassilis, in 1537. The following notices from the Treasurer's Accounts, prove that date to be incorrect.

"Item, the xvj day of Februar [1535-6,] be the Kingis gracis precept and speciale command to Maister George Balquhannan and Andro Myln, servandis to Lord James, to be thame twa gounis," &c., and various other "leverays," viz., "hoiss, bonettis, hugtonis, and doublettis."

"Item, [the xxj day of August 1537,] to Master George Balquhannan, at the Kingis command, xx lib."

In July 1538, upon occasion of "the Quenis (Magdalene's) saull mess and dirige, quham God assolze," Maister George Balquhanan received a goun of Paryse blak, lyned with blak satyne, &c. Also £20, at the King's command.

[168] Lord James Stewart, to whom Buchanan acted as tutor, was the King's natural son, by Elizabeth Shaw, of the family of Sauchie.--(Dr. Irving's Life of Buchanan, p. 17.) He had the Abbacies of Kelso and Melrose conferred on him; but he died at an early age, in the year 1548.

[169] On the title of the first edition of Buchanan's Paraphrase of the Psalms, he is characterized as _Poetarum nostri sæculi facile princeps_. It was printed at Paris, by Henry Stephanus, in 8vo, without date; but apparently in 1564. A second edition has the date 1566. But the same printer had published a selection of 18 Psalms by Buchanan, with corresponding versions by other Poets, at Paris in 1556, 4to.

[170] The date of Buchanan's escape from Scotland is fixed by his own statement to the beginning of the year 1539, when he says five persons (Symson, Forrester, &c., see note 145) were condemned to the flames, whilst nine others made a formal recantation of their Lutheran errors, and many more were driven into exile; among whom was George Buchanan, who escaped by the window of his bed-chamber, while his keepers were asleep: "In his fuit Georgius Buchananus qui, sopitis custodibus, per cubiculi fenestram evaserat."--(Hist. lib. xiv.)

[171] These words seem to belong to the last paragraph; but all the copies place them as here printed.

[172] In MS. G, "espy and detest."

[173] Alexander Lord Kilmauris, third son of the fourth Earl of Glencairn. In 1543, he was in England as a hostage for his father's sincerity; and Sir Ralph Sadler says, in a letter to Henry the Eighth, "Furthermore, he hath written to your Majesty to have his son home, entring other pledges for him. He is called the Lord of Kilmaurs, and the Master of Glencairn; and in my poor opinion, they be few such Scots in Scotland, both for his wisdom and learning, and well dedicate to the truth of Christ's word and doctrine."--(Sadler's Papers, vol. i. p. 83.) "The acute Sadler," as Sir Walter Scott remarks, "discerned the germ of those qualities which afterwards made this nobleman the great promoter of the Reformation, and in consequence a steady adherent of the English interest." (ib.) Both the Earl of Glencairn, and his son Lord Kilmaurs, received pensions from Henry the Eighth. Owing to the death of his brothers, he succeeded to the Earldom in 1547, and survived till 1574.

[174] Thomas Douchtie, Hermit of Alareit, or Loretto, near Musselburgh--see note 186.

[175] In MS. G, "Francis Ordour dos."

[176] In MS. G, "gud."

[177] In MS. L 2, "stayed."

[178] In Vautr. edit. "Such lasie scamleris."

[179] In MS. G, "Christis glorie."

[180] In MS. G, "to."

[181] In MS. G, "fra treuth."

[182] To _turse_, or carry. In MS. G, and all the other copies, it is "to curse," which has no sense.

[183] In MS. G, "on craftie."

[184] Friar _Walter_ is apparently a mistake for Friar William Laing. (See the following note.) Foxe has stated it was through this Friar William Laing, "bewrayer of the confession to Archbishop James Beaton," that Henry Forrest, whose fate is mentioned at page 52, was condemned and given over to the secular judges to suffer death. See the extract from Foxe's Martyrs, in Appendix, No. V.

[185] Calderwood says, "Frier Laing had been confessor to the King," (Hist. vol. i. p. 142;) and the Treasurer's Accounts in 1540, show that "Schir William Layng, Chaplane," was then attached to the Court. On the 6th of February 1539-40, he received various articles of dress, viz., a gown of French black, a hugtoun of Parise black, a doublet of black sattin, and a black bonnet. On the 22d Dec. 1540, "abbis, towellis," &c., were furnished "to his chapell." In 1511, "Schir William Layng," is described as "Maister Elymosinar in the Princes house;" £13, 6s. 8d. having been previously paid "for his liveray clathis, be ane precept, above the ordinar, admittit to him in my Lord Prince house;" and in July that year, £20 was "gevin to Schir William Layng, Chaplane, enterit this zere (in the Household)."--"Willelmus Laynge, studens," was incorporated in the University of Glasgow, in 1493; and another "Willelmus Layng, clericus Parochialis Glasguensis," in 1501.

[186] According to a contemporary chronicler, the Chapel of our Lady of Loretto was founded so late as 1533, by Thomas Douchtie, here styled the Hermit of Alareit. "In this mene tyme (1533,) thair come ane heremeit callit Thomas Douchtie, in Scotland, quha had bein lang Capitane [captive?] befoir the Turk, as was allegit, and brocht ane ymage of our Lady with him, and foundit the Cheppil of Laureit besyid Musselburgh."--(Diurnal of Occurrents, p. 17, Edinb. 1833, 4to.) In like manner Buchanan says, this impostor Douchtye, having returned from Italy, built a church to the Virgin Mary, and made great gain by his fictitious miracles.--(Hist. lib. xiv. p. 41.) The Chapel dedicated to our Lady of Loretto, (sometimes called Alareit,) stood beyond the eastern gate of Musselburgh, near the Links; and the name for the locality is still retained. It was connected with the Nunnery of the Sciennes, and became one of the most noted shrines in Scotland, during the reign of James the Fifth. Lesley says, that the King, previously to his marriage, having sailed for France, (24th July 1536,) the vessel in which he had embarked, after sailing by the north of Scotland, and the west, was driven by a storm, and that he landed at St. Ninians, in Galloway, "and sua returnit to Strivilinge, _and thairfra passit on his feet in pilgrimage to the Chapell of Lorrett_, besid Mussilburgh."--(Hist. p. 150.) Queen Margaret, in a letter to Henry the Eighth, printed in the State Papers, vol. v. p. 181, (where it is placed under the year 1540, instead of 1536,) thus mentions her son's voyage, saying that his nephew had been "in grete dangere of seyis, be contrare wyndis, quhilk agane his mynd, be extreme stormis, compellit to mak course furth of this Est sey northward, compassing the maist parte of this realme throuch the occeane seyis, and be the grace of God arryvit in the port of St. Ninianis callit Quhithorne." James, after his pilgrimage on foot from Stirling, sailed from Leith, with a squadron of seven vessels, and had a more fortunate voyage. On the 7th of September 1536, the Treasurer paid £13, 6s. 8d. to Sir Henry Balfour, in part of £40, "to be gevin to puir houshuldarris to pray for his Hienes prosperous returnyng."

[187] Proposals for such a meeting had been made in 1534, and again in 1536. The above meeting was to have taken place on the 15th of January 1541-2, according to Articles agreed upon the previous month.--(State Papers, vol. v. p. 199; Tytler's Hist. vol. v. p. 242.)

[188] Henry the Eighth, says Sir Walter Scott, "insulted James by the threat, that he had still the name rod in in keeping which had chastized his father. By that rod, the Duke of Norfolk was intimated, who, while yet Earl of Surrey, commanded at Flodden, where James IV. fell."--(Hist. of Scotland, vol. ii. p. 31.) See note 193.

[189] Pitscottie says, that the Bishops, in apprehension that James might follow his uncle's example, in casting down the Abbeys, "budded (bribed) the King to bide at home, and gave him three thousand pounds by year to sustain his house, off their benefices." At a later date, the Clergy, we are told, offered to contribute and assign to him of yearly rent of their benefices, the sum of thirty thousand pounds; or to enlarge the sum to £100,000, provided the King gave them a secular judge to their mind, to execute justice on the wicked heretics whom they had delated to the King, in the list or scroll elsewhere referred to.--(Hist. pp. 230, 255, 256, edit. 1778.) It was but proper that the Clergy, to whom the King had sacrificed so much, should thus manifest their liberality; but indeed such contributions were not unusual, on the part of the beneficed clergy and dignitaries of the Church. In August 1513, previously to the calamitous expedition which had such a fatal catastrophe at Floddon, the Clergy contributed the sum of £10,275, 10s. 9d. (Treasurer's Accounts.)

[190] The 24th of August 1542.

[191] In MS. G, "Malberie." The name should be Mowbray.

[192] Halden Rig, or Hawden Rig, in Roxburghshire, a few miles to the east of Kelso. In the MS. it was originally written "Maxwell heucht," but this is corrected to Haldane Rig. In the later MSS. "Reade," is written more intelligibly "raid."

[193] Thomas Howard, second Duke of Norfolk, when Earl of Surrey, convoyed the Princess Margaret from England, to her marriage with James the Fourth, at Holyrood, in 1503; and he commanded the English army at Floddon, in 1513, when the rashness of that gallant but unfortunate Monarch proved fatal to himself, and so disastrous to his country. He died in 1524; and was succeeded by his eldest son, Thomas third Duke of Norfolk, who was Lieutenant-General in the North, and had also been at Floddon. He commanded the English troops which invaded the southern parts of Scotland, in August 1542 and died in 1554, upwards of eighty years of age.

[194] Now Smailholm.

[195] Fala Muir, a plain near the western termination of the Lammermuir hills.

[196] In Vautr. edit. "Hallow-evin." The Eve of Hallowmass; in Scotland, Halloween, the 31st of October; Hallowmass, or All Saints, of course, being the 1st of November.

[197] This alludes to the summary execution by the Scotish nobles of Cochrane and other favourites of James the Third, in hanging them over the bridge of Lauder, in the year 1479, as related by all our Historians.

[198] In Vautr. edit. "had he runne."

[199] See note 210, respecting this Scroll.

[200] In the later copies, "once."