Part 28

[672] Keith has accused Knox of misstating this fact. Had he examined the Council Records more carefully, he would have found direct evidence of the practice of proclaiming the Statutes enacted by the Council, to which Knox alludes, on the 8th November 1555. Knox's account of the change of the Magistracy of Edinburgh is quite correct, although it has also been called in question. Upon examining the Council Records, it appears that Archibald Douglas was Provost; and Mr. James Watson, David Somer, Edward Hope, and Adam Foullarton, Baillies, in 1560-1561; and that on the 24th March 1560-1, proclamation was made of the Act 1560, against Priests, Adulterars, &c. At the next election in September 1561, Douglas was re-elected Provost, with David Forster, Robert Kar, Alexander Home, and Allan Dikesoun, as Baillies. On the 2d October, the above proclamation was ordered to be made on the following day; and on the 5th, the Queen sent a macer enjoining the Town Council to deprive their new Magistrates, and to appoint others in their room. A new election accordingly took place on the 8th of October, as detailed at considerable length by Maitland, (Hist. of Edinburgh, p. 21.)

[673] In MS. 1566, and also in MSS. G and A, a blank space is left for these names; in MS. L 4, "&c." is supplied; and this marginal note added, "The Provost, Baillies, of Edinburgh changed at the Quenes command."

[674] See note 2, p. 289, respecting the election. In a letter to Cecill, Knox, on the 7th October 1561, writes:--"At this verry instant ar the Provost of Edinburgh and Baillies thairof, command to ward in thare Tolboght, be reason of thair proclamatioun against Papists and hoormongeris. The whole blame lyeth upon the necke of the two fornamed," viz. Lord James Stewart and Lethington.

[Sidenote: THE QUENIS FIRST PRYDE AFTER HIR ARRYVALL.]

Some ganestood for a while the new electioun, alledgeing, that the Provest and Baillies whom thai had chosen, and to whom thai had gevin thair oath, had committed no offence whairfoir that justlie thai aught to be depryved. But whill charge was doubled upoun charge, and no man was found to oppone thame selffis to iniquitie,[675] Jesabellis letter and wicked will is obeyed as a law. And so was Mr. Thomas Mackalzeane chosen[675] for the other. The man, no doubt, was boyth discreat and sufficient for that charge;[676] but the depositioun of the other was against all law. God be mercyfull to some of our owen; for thai war not all blameless that hir wicked will was so far obeyed.

[675] In MS. G, "to oppone himself to impietie."

[676] In MS. G, "Mr. Thomas M'Cally chosen Provost."--Mr. Thomas M'Calzean of Cliftonhall, was educated at St. Andrews, being a fellow-student with George Buchanan, in St. Salvator's College in 1525. He was admitted Advocate in 1549, and became Assessour of the Town of Edinburgh; and was chosen Provost in 1558, as well as on the above occasion. He was appointed a Lord of Session, 20th October 1570; and died 5th June 1581.

[Sidenote: THE QUENIS TREW LIEGES, WHA?]

A contrair proclamatioun was publictlie maid, that the toun should be patent unto all the Quenis lieges; and so murtheraris, adulteraris, theavis, hooris, drunkardis, idolateris, and all malefactouris, gatt protectioun under the Quenis wyngis, under that cullour, becaus thai war of hir religioun. And so gatt the Devill fredome agane, whair that befoir he durst nott have bene sene in the day lyght upoun the commoun streatis. "Lord deliver us from that bondage."

[Sidenote: THE DEVILL GETTING ENTRESS WITH HIS FYNGAR, WILL SCHOOT FURTH[677] HIS HOLL ARME.]

[677] In MS. G, "will schut in."

The Devill finding his rainzeis lowse, ran fordwarte in his course; and the Quene took upoun hir grettar boldness than sche and Baalles bleatting preastis[678] durst have attempted befoir. For upoun Allhallow day[679] thai blended up thair Messe with all myscheivous solempnitie. The ministeris thairat offended, in plane and publict place, declared the inconvenientis that thairupoun should ensew. The Nobilitie war sufficientlie admonished of thair dewiteis. But affectioun caused men to call that in doubt, whairin schort befoir thai seamed to be most resolute, to wit, "Whitther that subjectis mycht put to thair hand to suppresse the idolatrie of thair Prince?" And upoun this questioun conveined in the house of Mr. James[680] Mackgill, the Lord James, the Erle of Mortoun, the Erle Merschell, Secretarie Lethingtoun, the Justice Cleark,[681] and Cleark of Registre;[682] who all reassoned for the parte of the Quene, affirmyng, "That the subjectis mycht not lauchfullie tack hir Messe frome hir." In the contrair judgement war the principall Ministeris, Mr. Johne Row,[683] Maister George Hay,[684] Maister Robert Hammyltoun,[685] and Johne Knox. The reassonis of boyth partyes we will omitt, becaus thai wilbe explaned after, whair the same questioun, and otheris concernyng the Obedience dew unto Princes, war long reassoned in open assemblie. The conclusioun of that first reassonyng was, "That the questioun should be formed, and letteris direct to Geneva for the resolutioun of that Churche," whairin Johne Knox offered his laubouris. But Secretarie Lethingtoun, (alledging that thair stood mekle in the informatioun,) said, that he should wryte. But that was onlie to dryve tyme, as the treuth declaired the self. The Quenis partye urged, "That the Quene should have hir religioun free in hir awin chapell, to do, sche and hir houshold, what thei list." The Ministeris boyth affirmed and voted the contrair, adding, "That hir libertie should be[686] thair thraldome or it was long." But neathir could reassone nor threatnyng move the affectionis[687] of such as war creipping in credite. And so did the vottis of the Lordis prevail against the Ministeris.

[678] In MS. G, "Baalim's bleating preests."

[679] Hallowmass, or All Saints, the 1st of November.

[680] In MS. 1566, one of the transcribed quires ends here with the catch-word, "of Mr. James," the last page being blank.

[681] Sir John Bellenden of Auchinoule, held the office of Justice Clerk for nearly thirty years. He was appointed successor to his father, 25th June 1547, and the office was again filled in November 1578, by Sir Lewis Bellenden, although then in "his less age," which Lord Hailes conceives to mean that he was not then twenty-five. Sir John died 6th October 1576. (Register of Confirmed Testaments.)

[682] Mr. James Makgill of Nether Rankeillor, was Clerk Register from 1554 to 1566, when he was deprived for his being concerned in Riccio's murder. He was restored in December 1567, and continued till 1577. He died in 1579.

[683] At the first nomination of ministers in July 1560, Row was appointed to Perth. He died 16th October 1580.

[684] Mr. George Hay, Commissioner of the diocese of Aberdeen and Banff.

[685] Mr. Robert Hamilton, minister of St. Andrews, and formerly one of the Masters or Regents, was advanced in 1574 to be Provost of St. Mary's College. When the new erection of the College was agreed upon, Hamilton was superseded; and in May 1580 he was ordered to account for his intromissions. In October following, he was denounced as rebel. (Treasurer's Accounts.) He died 16th April 1581. (Wodrow Miscellany, vol. i. p. 283.)

[686] In MS. G, "should be to."

[687] In MS. G, "move the hearts."

For the punishement of thift and of reaf, which had encreassed upoun the Borders, and in the Sowth, from the Quenis arryvall, was the Lord James maid Lievtenent.[688] Some suspected that suche honour and charge proceaded frome the same heart and counsall that Saull maid David capitane against the Philisteanis. But God assisted him, and bowed the heartis of men boyth to fear and obey him. Yea, the Lord Bothwell him self at that tyme assisted him (but he had remissioun for Lyddisdaill.) Scharpe executioun was maid in Jedburgh,[689] for twenty-aught of ane clan, and others war hanged at that Justice Courte. Brybes, buddis, nor solisitatioun saved not the gilty, yf he myght be apprehended; and thairfoir God prospered him in that his integritie.

[688] In MS. G, "appointed Lieutenant." In MS. L 4, the whole structure of this sentence is thus changed: "Whill the Court wes myndefull of nothing bot pleasures and prodigallitie, the Border[er]s brack lowse, and vexed the countrie adjacent with rapine, thift, and murther; Lord James, Lievtennant since the Quenis arryvall, was sent hither to repress them. Some suspected," &c.

[689] On the 13th October 1561, the Privy Council resolved that a Justice Court should be held at Jedburgh, by Lord James Stewart on the 15th of November; and in the Register, on the 12th of that month, is preserved a copy of Instructions to be used by him. See Keith's History, vol. ii. pp. 104-107.

That same tyme the said Lord James spack the Lord Gray of England at Kelso, for good reull to be keapt upoun boyth the Bordouris, and agreed in all thingis.

[Sidenote: THE QUENIS FIRST FRAY IN HALYRUDHOUSE]

Befoir his returnyng,[690] the Queyn upoun a nycht took a fray in hir bedd, as yf horse men had bein in the close, and the Palace had bene enclosed about. Whitther it proceaded of hir awin womanlie fantasye, or, yf men pat hir in fear,[691] for displeasur of the Erle of Arrane, and for other purposes, as for the erecting of the garde, we know not. But the fear was so great, that the toun was called to the watch. Lordis Robert of Halyrudhous,[692] and Johne of Coldinghame[692] keapt the watche by course. Scouttis war send furth, and centenallis war commanded under the pane of death to keap thair stationis. And yitt thai feared whair thair was no fear: neathir yit could ever any appeirance or suspitioun of suche thingis be tryed.

[690] This paragraph is very different in MSS. M and L 4, being thus amplified, in the style of David Buchanan's interpolations:--"When Lord James was absent, the Quene tooke greater libertie, for shee wes not content with the severitie of the present Government, nor the floorishing of Religion, so that sometymes speiches would eschape her which bewrayed her disposition and inclination to tyrannie. Wheras Kings wont before to commit thamselfs to the trust of the Nobilitie, shee purposed to have a guard of hyred souldiours, bot could find no pretext, saving onlie the custome of forraigne Kings, and the shaw of magnificence. Shee consulted with hir bastard brother John, an ambitious man, bot not so grave and austere as Lord James. He resolved to obey hir in all things, and therfor wes the more deare to hir, being desirous to confound all things. She consulteth with him how to get a companie of hyred souldiers about her. Ther was a tumult or sturr famed as though the Erle of Arrane had enclosed the Palace of Halyrudehous round about, and by force wold cary the Quene to his Castell fourtene myles from thence. This invention had some likliehood becaus of the immoderate love he bare unto hir, and of her affection estranged from him; both which war not unknowin to the people. The fray was so great that the Toune of Edinburgh wes called to watch. Robert Lord Halyrudhous, and John Lord Coldingham keeped watch by course; skouts wer sent furth, and sentrinells, and wer commanded under the pane of death to keep their stations. They feared wher ther was no feare. After the souldiers had skoured the fields all night, they shew themselfs before the Palace gates, some offendit at them, and others jesting at the sport. Bot the authors of this invention, howbeit they knew the vulgar people did not beleve them, yit being secure that no man wold controle them regarded not man's secreit judgement."--Calderwood has copied this passage very closely. (Hist. vol. ii. p. 158.)

[691] In MS. G, "in fear of it."

[692] Two natural brothers of the Queen: see page 271, notes 2 and 3.

Schort after the returnying of the Lord James, thair cam from the Quene of England, Sir Petir Mewtess,[693] with commissioun to requyre the ratificatioun of the Peace made at Leyth. His ansuer was[694] evin such as we have heard befoir, that sche behoved to advise, and then sche should send ansuer.

[693] Sir Peter Mewtas was sent by Queen Elizabeth to Scotland, chiefly to evade discussion respecting the Succession to the throne, although ostensibly to request that the Treaty of Edinburgh, in July 1560, should be ratified. See in Keith's History, vol. ii. pp. 132-136, the letters that passed between Queen Mary and Elizabeth, after Mewtas's return in October 1561. On the 19th of that month, is this entry in the Treasurer's Accounts: "Item, be the Quenis Grace speciale command to Sir Peter Mutus, Inglis Ambassadour, ane chene of gold of iij^o crownis of the sone, iiij^o lib." (£400.)

[694] In MS. G, "Her answer was."

In presence of hir Counsall, sche keapt hir self [very] grave, (for under the dule wead, sche could play the hypocryte in full perfectioun;) but how soon that ever hir Frenche fillockis, fydlaris, and otheris of that band, gatt the howse allone, thair mycht be sean skipping not verry cumlie for honest wemen. Hir commoun talk was in secreat, sche saw nothing in Scotland but gravitie, which repugned alltogetther to hir nature, for sche was brocht up in joyusitie; so termed sche hir dansing, and other thingis thairto belonging.

[Sidenote: DIVISIOUN BETWIX THE LORDIS AND THE MINISTERIS.]

The Generall Assemblie of the Churche[695] approched, holdin in December[696] after the Quenis arryvall; in the which began the reullaris of the Courte to draw tham selfis apart from the societie of thair brethren, and began to sturr and grudge that any thing should be consulted upoun, without thair advises. Maister Johne Wode,[697] who befoir had schawin him self verray fervent in the caus of God, and fordward in giveing of his counsall in all doubtfull materis, planelie refused ever to assist the Assemblie agane, whairof many did wonder. The Courteouris drew unto thame some of the Lordis, and wold nott convene with thair brethren, as befoir thai war accustomed, but keapt thame in the Abbay. The principall Commissionaris of the Churches,[698] the Superintendentis, and some Ministeris, past unto thame, whair thai war convened in the Abbottis ludging within Halyrudhouse. Boyth the partyis began to oppin thair greaf. The Lordis complayned that the Ministeris drew the gentilmen into secreat, and held counsallis without thair knowledge. The Ministeris denyed that thai had done any thing in secreat, or otherwyse than the Commoun Ordour commanded thame; and accused the Lordis (the flatteraris of the Quene we mean) that thai keapt not the Conventioun with thair brethren, considdering that thai know the Ordour, and that the same was appointed by thair awin advises, as the Buke of Discipline, subscrivit with the most part of thair awin handis, wold witness. Some began to deny that ever thai knew such a thing as the Buke of Discipline; and called also in doubt, whitther it was expedient that such Conventionis should be or not; for glaidlye wold the Quene and hir Secreat Counsall have had all assemblies of the godly discharged.

[695] In MS. G, here and elsewhere, "Kirk;" in the MS. 1566, except in the later portions, it is usually "Church."

[696] The Third meeting of the General Assembly was held in December 1561; but no notice of the proceedings is recorded in the Book of the Kirk, except the Supplication to the Queen, which will be found at page 316.

[697] Mr John Wood, son of Andrew Wood of Largo, was educated for the church, and took his degree of Master of Arts in St. Leonard's College, St. Andrews, in 1536. He has been styled Vicar of Largo; and is said to have accompanied the Prior of St. Andrews to France in 1548. He joined the Reformers, and at the first General Assembly in December 1560, his name occurs among those at St. Andrews who were considered qualified for "ministring and teaching." He was nominated an Extraordinary Lord of Session, by the title of Tullidavie, 9th December 1562, but was deprived in 1565; and although restored he retained only a temporary possession of his seat on the Bench. When his patron the Earl of Murray was appointed Regent, Wood became his Secretary, and was employed in the proceedings against Queen Mary, at York, in 1568, as related by Sir James Melville, who styles him "a great ringleader." In September 1568, the Treasurer furnished Mr. John Wood fyne black velvet, and black satin, for a dress. The Regent, it is well known, was assassinated in January 1570, and Bishop Lesley in his Negotiations says, "That within a few days after his man Mr. John Wood, was killed in Fife, by the Laird of Rires." The cause of this murder is nowhere stated, but it took place on the 15th of April, by Arthur Forbes of Reres, (in the parish of Kilconquhar,) assisted by his son Arthur, and Henry Forrest; for which the latter were denounced rebels, 6th February 1572-3. (Pitcairn's Criminal Trials, vol. i. p. 40.) From the Treasurer's Accounts we learn that on the 23d September 1570, "the Laird of Reres was at the horne, (that is, denounced as rebel,) for the slauchter of umquhile Maister Johne Wood."

[698] In MS. G, "of the Kirk,"

The reassonyng was scharp and quick on eather part.[699] The Quenis factioun alledged, that it was suspitious to Princes that subjectis should assemble thame selffis and keape conventionis without thair knowledge. It was ansuered, That without knowledge of the Prince, the Churche did nothing. For the Prince perfytlie understood, that within this Realme thair was a Reformed Churche, and that thai had thair ordouris and appointed tymes of conventioun; and so without knowledge of the Prince thai did nothing. "Yea," said Lethingtoun, "the Quene knew and knowest it weill yneuch; but the questioun is, Whetther that the Quene allowis such Conventionis?" It was ansuered, "Yf the libertie of the Churche should stand[700] upoun the Quenis allowance or dyssallowance, we are assured not onlie to lack assemblies, but also to lack the publict preaching of the Evangell." That affirmative was mocked, and the contrarie affirmed. "Weill, (said the other,) tyme will try the treuth; but to my formar wordis, this will I add, tack from us the fredome of Assemblies, and tack from us the Evangell; for without Assemblies, how shall good ordour and unitie in doctrine be keapt? It is not to be supposed, that all Ministeris shalbe so perfyte, but that thai shall nead admonitioun, alsweill concernyng maneris as doctrin, as it may be that some be so styff necked that thai will not admitt the admonitioun of the simple; as also it may be that falt may be found with Ministeris without just offence committed: and yit yf ordour be not tacken boyth with the compleaner and the personis compleaned upoun, it can not be avoided, but that many grevouse offenses shall aryse. For remeady whairof, of necessitie it is, that Generall Assemblies maun be, in the which the judgement and the gravitie of many may concur, to correct or to represse the folyes or errouris of a few." Heirunto consented the most parte, alsweill of the Nobilitie as of the Baronis, and willed the reassonaris for the parte of the Quene to will hir Grace, yf that sche stood in any suspitioun of any thing that was to be entreated in thair Assemblies, that it wold please hir Grace to send such as sche wold appoint to hear whatsoever was proponed or reassoned.

[699] In MS. G, "on eyther syde."

[700] In MS. G, "stude or sould stand."

[Sidenote: LEDINGTON APPONED HYM TO THE BOOK OF DISCIPLENE]

Heirafter was the Buke of Discipline proponed, and desyred to have been ratified by the Quenys Majestie. That was scripped at, and the questioun was demanded, "How many of those that had subscrived that Buke wald be subject unto it?" It was answered, "All the godly." "Will the Duck?" said Lethingtoun. "Yf he will nott," answered the Lord Ochiltrie,[701] "I wold that he war scrapped out, not only of that book, but also out of our nomber and cumpany: For to what purpoise shall laubouris be tane to putt the Kirk in ordour, and to what end shall men subscrive, and then never mean to keap wourd of that quhilk thei promeisse?" Lethingtoun answered, "Many subscrived thair _in fide parentum_, as the barnes ar baptized." One, to wit Johne Knox,[702] answered, "Albeit ye think that scoiif propir, yit as it is most untreu, so is it most improper. That Buke was red in publict audience, and by the space of diverse dayis the headis thairof war reasoned, as all that hear sit know weill yneuche, and ye your self can nott deny; so that no man was required to subscrive that whiche he understood not." "Stand content, (said one,) that Buke will nott be obteaned." "Let God (said the other) requyre the lack which this poore Commoun-wealth shall have of the thingis thairin conteaned, from the handis of such as stope the same."

[701] See page 260, note 19.

[702] The words, "to wit, Johne Knox," interlined in the MS. 1566, are likewise added in the margin, apparently in Knox's own hand. In MS. L 4, it is "Maister Knox answered."

The Baronis perceaving that the Buke of Discipline was refused, presented unto the Counsall certane articles, requiring Idolatrie to be suppressed, thair Churches to be planted with treu Ministeris, and some certane Provisioun to be maid for thame, according to equitie and conscience; for unto that tyme, the most parte of the Ministeris had lyved upoun the benevolence of men. For many held into thair awin handis[703] the fructis that the Bischoppis and otheris of that sect had befoir abused; and so some parte was bestowed upoun the Ministeris. But then the Bischoppis began to grypp agane to that which most injustlie thei called thair awin; for the Erle of Arrane was discharged of Sanctandrois and Dunfermeling, whairwith befoir, be verteu of a factorie, he had intromitted: and so war many otheris. And thairfoir the Barones requyred, that ordour mycht be tacken for thair Ministeris, or ellis thei wold no moir obey the Bischoppis, neather yitt suffer any thing to be lifted up to thair use after the Quenis arryvall, then that thei did befoir; for thei verrelie supposed that the Quenys Majestie wold keapt promeisse maid unto thame; whiche was, nott to alter thair religioun, whiche could nott remane without Ministeris, and Ministeris could nott lyve without provisioun: and thairfoir thei heartlie[704] desyred the Counsall to provid some convenient ordour in that head.

[703] So in MS. L 4. MS. G, has "For many had into thair hands."

[704] In MS. G, "most hartely."

That somewhat moved the Quenys flatteraris; for the rode of impietie was not then strenthened in hyr and thair handis. And so began thei to practise how thei should pleise the Queyn, and yit seam somewhat to satisfie the faythfull; and so devised thei, that the Church men should have intromissioun with the Two parte of thair benefices, and that the Third parte[705] should be lifted up by suche men as thairto should be appointed, for suche uses, as in these subsequent Actis[706] ar more fullie expressed.

[705] In MS. L 4, "that the Third parte sould be lifted up for the sustentatioun of Ministry and the Quenis use, as is expressed in the Acts which we will set down in their owne place."

[706] The following Acts relating to the proposed arrangements for supporting the Ministry, by appropriating the Thirds of Benefices, have been collated with the Register of Privy Council, which has furnished the Sederunts of the meetings, and some slight corrections. In Knox, the first Act is dated the 20th instead of the 22d December 1561.

APUD EDINBURGH, XXIJ DECEMBRIS, ANNO LXJ^O. [SEDERUNT.