Part 16

He was educated at St. Andrews, having been incorporated in St. Leonard's College in 1532. He probably took his Master's degree, and completed his studies at some foreign University. On the 1st March 1549-50, he was admitted an Advocate. On the 25th June 1554, he was advanced to be Clerk-Register; and continued to be employed in various public affairs. He joined the Reformers, but on account of his concern in the murder of David Riccio, 9th March 1566, he fled from Edinburgh, and his situation as Clerk-Register was conferred upon Sir James Balfour. Upon a vacancy, in December 1567, after the accession of the Regent Murray to power, Makgill was restored, and he continued in office till 1577. He died in 1579. (Senators of the College of Justice, p. 99.)

[318] This date occurs in the text; and the set or quire in this place was no doubt transcribed about that time.

[Sidenote: SOME SAYIS HIS NAME IS KYLLONE]

The Papistis and Bischoppis, dissapoyntit of thair principall purpose and interpryse did yet mak broillie for trouble; for the raschall multitude war stirred up to mak a Robene Hude,[319] quhilk enormitie wes of mony yeiris left and dampnit by statute and act of Parliament. Yit wald thay nott be forbiddin, bot wald disobey and truble the Towne, especiallie upone the nycht. Quhairat the Baillies offendit, tuke fra thame some swerdis and an enseynze, quhilk wes occasioun that thay that same nycht maid a mutinye, keippit the portis of the towne, and intendit to have persewit some men within thair awin housses; bot that, upoun the restitutioun of thair swerdis and enseynze, wes stayit. Bot yit thay ceassit nott to molest, alsweill the inhabitantes of Edinburgh as diverse countrey men, taking frome thame money, and threitnyng some with farder injureis. Quhairwith the Magistratis of the towne, heychtlie offendit, tuke mair diligent heid to suche as resortit to the towne, and so apprehendit ane of the principall of that misordour, namit Gillone,[320] a cordinare, quhome thai put to ane assisse; [and being convicted, for he could not be absolved,][321] (for he wes the cheif man that spoillit Johnne Mowbray of ten crownis of the Sone,) thai thocht to have execute jugement upone him, and so erected a jebbete beneath the Croce. But, quhidder it came by pactioun with the Provest and some uther, or by instigatioun of the Craftismen, quha ever haif bene bent too muche to mayntene suche vanitie and ryotousnes, we fullie knaw nott, but suddandlie thair did ryse a tumult; the Tolbuyth wes brokin up, and not onlie the said Gillone, quho befoir wes dampnit, wes violentlie takin furth, bot also all uther malefactouris wer set at fredome; the jebbete wes pullit downe, and dispitfullie brokin; and thairefter, as the Provest and some of the Counsall assemblit to the Clerkis[322] chalmer for consultatioun, the haill rascall [multitude] bandit togidder, with some knawin unhonest[323] craftismen, and intendit invasioun of the said chalmer. Quhilk perceavit, the Provest, and such as wer in his cumpany, past to the Tolbuyth, suspecting nothing that thai wald haif bene sa enragit that thai wald mak new persute, efter that thai had obtenit thair intent: Bot thai wer suddandlie deceavit, for from the Castelhill thai come with violence, and with stanis, gunnis, and such uther weaponis as thei had, began to assault the said Tolbuyth, ran at the dure of it, quhilk that parte by stanis cast from above, and partlie by a pystoll schott by Robert Norwell, quhilk hurt ane Twedy, thai wer repulsit [fra the door]; bot yit ceassit not thai to cast and schute in at the wyndowis, threitnyng deith to all that war within. And in verray deid the malice of the craftismen, quho wer suspectit to be the occasioun of that tumult, bare na gude will to dyvers of thame that wes with the Provost.

[319] During the festivities of the month of May, the games of Robin Hood were attended with so much disorderly license, that they were ordered to be suppressed by an Act of the Scotish Parliament in 1555. It is not easy, however, to abolish long continued customs; and complaints to the General Assembly for their continued observance were made until the close of the 16th century. Of the tumult that took place in Edinburgh, on the 21st of June 1561, a very minute and interesting account is preserved in the Diurnal of Occurrents, pp. 283-4.

Several persons were brought to trial on account of these riots. On the 20th July 1561, Robert Hannay, smith, and nine others were tried, as art and part in choosing George Durye in the month of April last, and calling him Lord of Inobedience, and for rioting on Sunday the 12th May. (See Pitcairn's Criminal Trials, vol. i. p. 409.) And James Fraser, sadler, and five others, were tried on the 8th of August, on account of the riots in the month of July. (Ib. p. 410.)

[320] In MS. G, "Kyllone:" Vautr. edit. makes the name "Balon." In the Diurnal of Occurrents, he is called James Killone and Kellone, at p. 65, but James Gilloun and Gillone, at p. 283.

[321] The words enclosed in brackets, omitted in MS. 1566, are supplied from MS. G.

[322] Alexander Guthrie, city clerk.

[323] In MS. G, "and honest."

The argumentis that the Craftis wer the caus of that uproire, besydis thair first misordour that thai haid usit befoir, in tackin Sandersoun from the exectioun of punishment, are twa. The formar, Archibald Dewar, Patrik Schange, with uther five deaconis [of the craftis] come to Johnne Knox, and willit him to solist the Provest and the towne to delay the executioun: quho did answer, "That he haid sa oft solistit in thair favouris, that his awin conscience accusit him, that thai usit his labouris for na uther end, bot to be a patrone to thair impietie." For he haid befoir maid intercessioun for William Harlaw, James Frissall, and utheris, that wer convict of the formare tumult. Thai proudlie said, "That gif it was not stayit, bayth he and the Baillies suld repent it." Quhairto he answerit, "He wald not hurt his conscience for ony feir of man." And sa thai departit; and the tumult (as said is) immediatlie thairefter did aryse. The secund argument is, the tumult continewit fra twa at efter none till efter aucht at nycht. The Craftismen wer requyrit to assemble them selfis togidder for deliverance of thair Provest [and Baillies]; bot thai past to thair foure houris penny, and in thair jesting said, "Thai will be Magistratis allone, latt thame reule the multitude allone." And sa, contrair to the ayth that thai haid maid, thai denyit thair assistance, counsall, and conforte to thair Provest and Baillies; quhilk ar argumentis verray probable, that the said tumult raise by thair procurement. The end heirof was, that the Provest[324] and Baillies wer compellit to gif thair handwrittis, that thai suld never perseu ony of thame that war of that tumult, for ony cryme that wes done in that behalf. And this wes proclamet at the Croce efter nyne houris at nycht; and sa that truble quyetted. Bot the Nobilitie avowit, that thai suld not spare it; and sa a greit nomber of that factioun war absent frome the towne, till the arryvall of the Quene. The haill multitude wer haldin excomunicat, and war admittit to no participatioun of the sacramentis, unto suche tyme as thai satisfied the Magistratis, and maid humble sute unto the Kirk.

[324] Archibald Douglas of Kilspindie, filled the office of Provost of Edinburgh in the year 1561. By a special mandate from Queen Mary, dated 21st August 1562, Douglas was again chosen Provost of the City. (Maitland's Hist. of Edinburgh, p. 24.)

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[Sidenote: OF THE QUENE REGENTIS BURIALL.]

Off the deith of the Quene Regent, we haif befoir spokin,[325] but of hir buriall wes nothing herd; and it may appeir that suche matteris are unworthy of remembrance. Bot and gif all thingis salbe rychtlie weyit, we sall perceave Goddis just jugementis, how secreit that ever thai be. Befoir, we herd[326] the barbarous inhumanitie that wes usit at Leyth by the Frenche, quha exponed the naked carcasis of the slane, as it war in a spectacle, dispiting God. We herd, that this Quene Regent rejosit at the sycht; bot hir joy was suddandlie turned in sorrow, as we haif herd. The questioun wes moved of hir buriall. The Precheouris boldlie ganestude, that ony superstitious rytes suld be usit within that Realme, quhilk God of his mercy had begun to purge. And sa conclusioun wes takin, that hir buriall suld be deferred till farther advisement; and sa scho wes lappit in a cope of leid, and keipit in the Castell, fra the nynt of Junij,[327] unto the nyntene of October, quhen scho by pynouris wes caryed to a schip, and sa caryed to France. Quhat pompe wes usit thair, we nather herd nor yit regard. Bot in it we se, that scho that delited that utheris lay without buryall, gat it nether sa sone, as scho hir self (gif scho haid bene on the counsall in hir lyff) wald have requyred it, nather yit sa honorable in this realme, as sometymes scho lukit for. It may chance be a prognostication that the Guisians blude can nocht haif lang rest within this Realme.

[325] See supra, page 71.

[326] Ib. page 68.

[327] The 10th of July is the day usually assigned for the Queen Regent's death: others say the morning of the 11th: See notices of the Queen's death and funerals in the Appendix to the present volume.

[Sidenote: _NOTA._]

The Papistis, a little befoir the Parliament, resorted in diverse bandis to the towne, and began to brag, as that thai wald haif defaced the Protestantes. Quhilk thing perceaved, the brethrein assemblit togidder, and yeid[328] in such cumpanyes, and that in peciable maner, that the Bischoppis and thair bandis forsuyk the calsay. The brethrene understanding quhat the Papistis meant, convenit in counsall in the Tolbuyth of Edinburght, the xxvij of May, the yeir of God J^m V^c thre scoir and ane yeir; and efter consultatioun, concludit, that ane humble Supplicatioun suld be presentit unto the Lordis of Secreit Counsall, and unto the haill assemblie, that then wes convenit, in the quhilk suld thir subsequent heidis be required, and a law to pas thairupoun.

[328] In Vautr. edit. and MS. G, "and went."

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First, That Idolatrie, and all monumentis thairof, suld be suppressit throwout the haill realme; that the sayaris, heiraris, mayntenaris, and usaris of the Messe, suld be punischit according to the Act of Parliament, as said is.

2. That speciall and certane provisioun be maid for the sustentatioun of the Superintendentes, Ministeris, Exhorters, and Readers. That Superintendentes and Ministeris suld be planted quhair nane war. That punyschment suld be appointed for suche as dissobeyid or contemned the Superintendentes in thair functioun.

3. That punischment may be appoynted for the abusaris of the sacramentis, and for the contempnaris of the same.

4. That na letteris of the Sessioun be gevin to answer or pay to ony persoun thair teyndis, without especiall provisioun, that the parrochinaris retene sa mekle in thair awin handis, as is appoynted to the ministrey; and that all suche as ar ellis gevin be called in, and dischargit; and lykewise that na Schireffis gif preceptis to that effect.

5. That nather the Lordis of Sessioun, nor ony uther Jugis, proceid upone suche preceptis or warnyngis, past at the instance of thame that of lait haif obtenit fewis of vicaragis, and personagis,[329] manses, and kirkyardis; and that sex aikkeris (gif so muche thairbe) of the gleib, be alwayis reserved to the minister, according to the appointment of the Buke of Disciplyne; and that everie minister may haif letteris thairupoun.

[329] In MSS. 1566, G, &c., and Vautr. edit. "personis."

6. That na letteris of the Sessioun, nor [any] utheris tak place, quhill the stipendis contened in the Buke of Disciplyne, for sustentatioun of the ministeris, be first consignat in the handis, at the leist, of the principallis of the parochinaris.

7. That punischement be appoyntit aganis sik as purchess, bringis hame, or executis within this Realme, the Paipis Bullis.

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The tennour of the Supplicatioun wes this:--

PLEIS your Honouris, and the wisdomes of suche as ar heir presentlie convenit with yow in Counsall, to understand, that by mony argumentis we perceave quhat the pestilent generatioun of that Romane Antichrist within this Realme pretendis; to wit, that thai wald of new erect thair idolatrie, tak upone thame to impyre abufe our conscience, and so to command us, the trew subjectis of this Realme, and suche as God of his mercy hes (under our Soverane) subjected unto us, in all thingis to obey thair appetitis. Honestie cravis, and conscience movis us, to mak the verray secreittis of oure hertis patent to youre Honouris in that behalf; quhilk is this, "That befoir that ever thai tyrantis and dumb doggis impyre abufe us, and abufe suche as God hes subjected unto us, that we the Barronis and Gentilmen professing Christ Jesus within this Realme, ar fullie determined to hasard lyffe, and quhatsoever we haif received of our God in temporall thingis." Most humblie thairfoir beseiking your Honouris, that suche ordour may be takin, that we haif nott occasioun to tak agane the swerd of just defence into oure handis, quhilk we haif willinglie (efter that God hes gevin victorie, bayth to your Honouris and us) resignit ovir in your handis; to the end, that Goddis Evangell may be publiklie within this Realme preached; the trew Ministeris thairof resonabillie sustened; Idolatrie suppressed, and the committaris thairof punissit, according to the lawes of God and man. In doing whairof, your Honouris sall find us, nott onlie obedient unto yow in all thingis lauchfull, but also reddy at all tymes to bring under ordour and obedience, suche as wald rebell aganis your just authoritie, quhilk, in absence of our Soverane, we acknawlege to be in your handis. Beseiking your Honouris, with uprycht jugement and indifferencie, to luyk upone thir oure few Articles, and, by thir oure brethrein, to signifie unto us suche answer agane, as may declair your Honouris worthy of that place, quhairunto God (efter some dangeris sustened) in his mercy hes called yow. And lett thir ennemeis of God assure thameselfis, that gif your Honouris put nocht ordour unto thame, that we sall schortlie tak suche ordour, that thai salbe nather abill to do quhat thai list, nather yit to leif upone the sweit of the browis of suche as ar na debteris unto thame. Lett your Honouris conceave na thing of us, bot all humble obedience in God. Bott let the Papistis be yitt anys agane assured that thair pryid and idolatrie we will not suffer.

(Directed fra the Assemblie of the Kirk, the 28th[330] of Maij 1561, and send by thir brethrein,[331] the Maister of Lindesay, the Laird of Lochinvar,[332] the Laird of Pharnyhirst, the Laird of Quhittingham, Thomas Menzies Provest of Abirdene, and George Lowell burges of Dundee.)

[330] In MSS. 1566, G, &c. "the 18." Vautr. edit. gives the correct date, "28th:" see next page, note 4.

[331] The persons who formed this deputation from the General Assembly to the Lords of Secret Council, were, (1.) Patrick Master of Lindesay, who succeeded to the title of Lord Lindsay of Byres, on his father's death in 1563; (2.) John Gordon of Lochinvar, in Kirkcudbrightshire; (3.) Andrew Ker of Farnihurst, in Roxburghshire, ancestor to the Earls of Lothian; (4.) William Douglas of Whittingham, in East Lothian, a grandson of James second Earl of Morton, and afterwards one of the Senators of the College of Justice; (5.) Thomas Menzies of Pitfoddellis, who was Provost of Aberdeen, from 1547 to 1576, without interruption; and, (6.) George Lovell, burgess of Dundee, whose name has already occurred in Knox.

[332] In MS. 1566, "the Lard of Low^clewen."

Upone the quhilk requeist and Articles, the Lordis of Counsall foirsaid maid ane act and ordinance answering to everie heid of the foirsaid Articles,[333] and commandit letteris to be answerit thairupon, quhilk diverse ministeris raysit, as in the buykis of Secreit Counsall is yit to be found. And thus gat Sathan the secund fall, efter that he haid begun to truble the estait of the religioun, ones establissit by law. His first assault wes by the raschall multitude, opponying thame selfis to the punischement of vice: The secound wes, by the Bischoppis and thair bandis, in quhilk he thocht uterly to haif triumphit; and yit he in the end prospered wer[334] then ye haif herd.

[333] According to the "Booke of the Universall Kirk of Scotland," containing the Acts and Proceedings of the Assembly, the meeting was held on the 26th of May; and the persons above-named were appointed on the 28th to present the Supplication and Articles "tuitching the Suppressioun of Idolatrie." The result of the application is thus recorded:--

"Upoun the whilk Supplicatioun, Articles and sute thairof was grantit, and followit be the Lords of Secreit Counsell, and Act and Ordinance thairupon, with letters therupon, answering to every head of the said Articles and Supplicatioun, at length specified in the Act of Secreit Counsell made therupon; whilk is to be had in the hands of John Johnstone, scrybe therof, and letters and publicatioun past therupon."

[334] In MS. G, &c. "prosperit worse."

For in this meyntyme, returnit fra France the Lord James,[335] quha, besyid his greit expensis, and the lose of ane box quhairin wes his secreit poise, eschapit a desparit danger in Pareise: for, his returning from our Soverane (quha then lay with the Cardinall of Lorane at Reims) understood[336] of the Papistis at Pareise, thai haid conspired some tresonable act aganis him; for thai intendit ather to besett his hous by nycht, or ellis to have assaulted him and his company as thai walkit upoun the streittis. Quhairof the said Lord James advertist by the Ryngrave,[337] by ressone of auld familiaritie quhilk wes betwix thame in Scotland, he tuke purpoise suddenlie and in gude ordour to depart from Pareise; as that he did, the secund day efter that he arrived thair. And yit culd he not depart sa secreitlie, bot that the Papistis haid thair prevy ambusches; for upone the Pont of Change[338] thai haid prepared ane processioun, quhilk met the said Lord and his cumpany evin in the teith; and knawing that thai wald not do the accustumat reverence unto thame and thair idolis, thai thocht thairupone to haif picked a quarrell; and sa as ane part passed by, without moving of hatt to ony thing that wes thair, thai haid suborned some to crye "Hugenottis," and to cast stanis. Bot God disapoynted thair interpryse; for the said Ryngraife, with other gentilmen, being with the Lord James, rebuykit the fulische multitude, and over raid some of the formaist; and sa the rest war dispersit; and he and his cumpany saiflie eschapit, and come with expeditioun to Edinburgh, quhill that yit the Lordis and assemblie wer togither, to the greit comfort of many godlie hertis, and to na litile astonischement of the wicked: for, fra the Quene oure Soverane he brocht letteris to the Lordis, praying thame to intertenye quyetnes, and to suffer na thing to be attemptit aganis the Contract of peace quhilk wes maid at Leyth, till her awin hame-cuming, and to suffer the religioun publictlie establissit to go fordward, &c. Quhairupone the saidis Lordis gaif answer to the Frenche Ambassadour, a negatyve to everie ane of his petitiouns.[339]

[335] Lord James Stewart (see page 142, note 3.) Queen Mary, in a letter to Throkmorton, dated at Nancy 22d April 1561, declares that Lord James who was then with her, had come without any special mission: "Quant à Lord James qui est devers moy, il y est venue pour son devoir, comme devers sa souveraine Dame, que je suis, sans charge ou commission qui concerne autre chose que son droit." She was anxious he should not return through England; and there can be no doubt, his conduct was too much influenced by the English Court. See the letters quoted by Mr. Tytler, vol. vi. pages 218 to 225. Lord James returned from France before the end of May 1561. The Diurnal of Occurrents (p. 283) has the 19th of May; but according to a letter quoted by Mr. Tytler, it appears that Lord James was in London on the 20th of that month, but had reached Edinburgh on the 3d of June. (History, vol. vi. p. 225.)

[336] In MS. 1566, "at Reins) understand."

[337] The Count Rheingrave had the command of the German troops which formed one of the divisions of the French forces sent to Scotland in 1548. He distinguished himself at the sieges of Haddington and Dundee. (Lesley's History, pp. 206, 207, 219, 223.) He returned to France in 1549, but it seems doubtful whether he again visited this country. He appears to have settled in France. John Philip Rheingrave, Count Palatine of the Rhine, before 1554, married an heiress, Jean de Genoüillac, the widow of Charles Seigneur de Crussol, Vicomte d'Uzés. (Anselme, Hist. Geneal. vol. iii. p. 768.) In December 1562, "the Rhyngrave lost fourscore of his horsemen," or, "reisters," when Harfleur was taken by the English. (Wright's Queen Elizabeth, vol. i. pp. 119-120.)

[338] In MS. G, "upon the Change-brig;" Vautrollier's edition makes it, "upon the point of change." The place referred to was the principal bridge in Paris, across the river Seine, formerly known as the _Grand Pont_. It takes its name, _Pont au Change_, from the _changeurs_ or money-brokers who resided there, so early as the 12th century; but the houses upon the bridge were finally removed in 1788, by order of Louis XVI.

[339] See _supra_, page 156.

And First, That France haid not deserved at thair handis, that ather thai or thair posteritie, suld enter with thame agane in ony league or confideracie, offensive or defensive, seying that sa tratrouslie and crewallie, thai haid persecuted thame, thair Realme and liberteis, under pretense of amitie and mariage.

Secundlie, That besydis thair conscience, thai culd not tak suche a warldlie scheme, as without offence committit, to breke the league, quhilk in Goddis name thai haid maid with thame, quhom he haid maid instrumentis to set Scotland at fredome from the tyranny of the Frenche, at the leist of the Guisians and thair factioun.

And last, That suche as thai callit Bischoppis and Kirkmen, thai knew nather for pastouris of the Kirk, nather yit for ony just possessouris of the patrimonye thairof; bot understude thame perfitlie to be wolves, theaves, murtheraris, and idill-belleis: And thairfoir, as Scotland haid forsakin the Pape and Papistrie, sa culd thai not be debttouris to his fore-sworne vassallis.

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