Part 36

[876] Whitehorn or Candida Casa, was a Priory in Wigtonshire, founded in the reign of David the First, by Fergas, Lord of Galloway. The Commendator here mentioned was Malcolm Fleming, supposed to be a younger son of John second Lord Fleming, who died in 1524. Dns. Malcolmus Flemyng Vicarius chori Glasg., was incorporated in the University of Glasgow, 29th October 1519. He was Commendator and Vicar-General of the Diocese of Galloway, in December 1541. His name as Commendator occurs in February 1515-6, (Chalmers's Caledonia, vol. iii. pp. 439, 419.) Also, in 1565, (ib. p. 432.) He died intestate in the year 1568. John Lord Fleming being "decernit executor dative." (Register of Confirmed Testaments.)

[Sidenote: THE STOUTNES OF THE PROTESTANTIS IN THE WEST.][877]

[877] This marginal note is omitted in MS. G.

The brethren universallie offended, and espying that the Quene, by hir proclamationis, did but mock thame, determined to put to thair awin handis, and to punishe for example of otheris. And so some Preastis in the westland war apprehended, intimatioun maid unto otheris, (as unto the Abbot of Crossraguell,[878] the Parsone of Sanquhair,[879] and such,) that thei should nether complayne to Quene nor Counsall, but should execute the punishment that God has appointed to idolateris in his law, by such means as thei mycht, whairever thei should be apprehended.

[878] Quintin Kennedy, Abbot of Crossraguell in Ayrshire, (see _supra_, pp. 351, 352.)

[879] Mr. Robert Creichton was Parson of Sanquhar, in Dumfries-shire, and Canon of Glasgow, in 1549. He was educated at the College of Glasgow, being incorporated in 1521. He died 16th January 1570-1. (Register of Confirmed Testaments.)

[Sidenote: JOHNE KNOX SEND FOR BY THE QUENE.]

The Quene stormed at sick fredome of speaking, but she could not amend it; for the Spreit of God, of boldness and of wisdom, had not then left the most part of such as God had used instrumentis in the begynyng. Thei war of one mynd to manteane the treuth of God, and to suppresse idolatrie. Particularties had not divided thame; and thairfoir could not the devill, working in the Quene and Papistis, do then what thei wold; and, thairfoir, she began to invent a new craft. She send for Johne Knox to come unto hir, whair she lay at Lochleaven.[880] She travailled with him earnestlie two houris befoir hir suppar, that he wold be the instrument to perswaid the people, and principallie the gentilmen of the West, not to put handis to punishe any man for the using of thame selfis in thair religioun as pleased thame. The other perceaving hir craft, willed hir Grace to punishe malefactouris according to the lawis, and he durst promesse quietness upoun the part of all thame that professed the Lord Jesus within Scotland. But yf hir Majestie thought to delude the lawis, he said, he feared that some wold lett the Papistis understand, that without punishement, thei should not he suffered so manifestlie to offend Goddis Majestie.

[880] This interview is supposed to have taken place on the 13th April 1563. On the 15th of that month the Queen removed from Lochlevin to Perth.

[Sidenote: REASSONYNG BETWIX THE QUENE AND JOHNE KNOX.]

" Will ye," quod sche, "allow that thei shall tack my sweard in thair hand?"

"The Sweard of Justice," quod he, "Madam, is Goddis, and is gevin to Princes and reuallaris for ane end, which, yf thei transgresse, spairing the wicked, and oppressing innocentis, thei that in the fear of God executis judgement, whair God hes commanded, offendis not God, althought Kingis do it not; neather yitt synne thei that brydillis kingis to stryek innocent men in thair raige. The examples ar evident; for Samuell feared not to slay Agag, the fat and delicate king of Amalech, whom king Saule had saved. Neather spaired Helias Jesabellis fals propheittis, and Baallis preastis, albeit that king Achab was present. Phyneas was no magistrat, and yit feared he not to stryek Cosby and Zimbrye in the verray act of fylthie fornicatioun. And so, Madam, your Grace may see that otheris then cheaf magistrattis may lauchfullie punishe, and hes punished, the vice and crymes that God commandis to be punished. And in this case I wold earnestlie pray your Majestie to tack good advisement, and that your Grace should lett the Papistis understand, that thair attemptatis will not be suffered unpunissed. For power, be Act of Parliament, is gevin to all judges within thair awin boundis, to searche mesmongaris, or the heareris of the same, and to punishe thame according to the law. And thairfoir it shalbe profitable to your Majestie, to considder what is the thing your Grace's subjectis lookis to receave of your Majestie, and what it is that ye aught to do unto thame by mutuall contract. Thei ar bound to obey you, and that not but in God. Ye ar bound to keape lawis unto thame. Ye crave of thame service: thei crave of you protectioun and defence against wicked doaris. Now, Madam, yf ye shall deny your dewtie unto thame, (which especialle craves that ye punishe malefactouris) think ye to receave full obedience of thame? I feare, Madam, ye shall not."

Heirwith, she being somewhat offended, passed to hir suppar. The said Johne Knox left hir, informed the Erle of Murray of the hoill reassonyng, and so departed of finall purpose to have returned to Edinburgh, without any farther communicatioun with the Quene: But befoir the sonne, upoun the morne, war two direct (Watt Melven was the one[881]) to him, commanding him not to departe whill that he spack the Quenis Majestie; which he did, and met hir at the halking[882] be-weast Kynross. Whitther it was the nychttis sleape, or a deape dissimulation lokked in hir breast, that maid hir to forget hir formar anger, wyese men may doubt; but thairof sche never moved word, but began diverse other purposses; such as the offering of a ring to hir by the Lord Ruthven,[883] "Whome," said she, "I can not love, (for I know him to use enchantment,) and yit is he maid one of my Privy Counsall."

[881] In MS. G, "war two directed, (Walter Melvill was the one.)"--Walter Melville, a younger son of Sir John Melville of Raith, was in the Queen Regent's service, and at the time of her death received £30. At this time he was in the Queen's service. He afterwards became one of the gentlemen of the Earl of Murray's chamber. His brother, Sir James Melville, in reference to him and Kirkaldy of Grange, says, "Quhilk twa tint him sa schone (soon) as he became Regent, and lykwise my self; for we had bene famyliar with him, and had assisted him in all his troubles; but when he was Regent, wald reprove, admonish, and tell his faltis, wherby we tint his favour. And uthers that had ny bene in his contrair befoir, cam in and flatterit him in his proceedings, and bekkit wery laiche to him, calling him 'Your Grace,' at ilk word, &c." (Memoirs, Bann. Club, edit. p. 260.)

[882] Hawking appears to have been a favourite pastime of the Queen. In April 1562, Matthew Ker succeeded James Lindesay as "Maister Falconar." In the same month £20 was paid to two persons, "passand of Edinburgh to Scheitland for halkis."

[883] Patrick Lord Ruthven. His grandson, John second Earl Gowrye, was also accused of dealing in magic.

"Whome blamis your Grace," said the other, "thairof?"

"Lethingtoun," said she, "was the haill cause."

"That man is absent," said he, "for this present, Madam; and thairfoir I will speak nothing in that behalf."

"I understand," said the Quene, "that ye ar appointed to go to Drumfreise, for the electioun of a Superintendent to be establessed in thai countreys."

"Yis," said he, "those quarteris have great nead, and some of the gentilmen so require."

"But I hear," said she, "that the Bischope of Athenis[884] wold be Superintendent."

[884] In MS. G, "the Bishop of Cathenis;" (but the marginal note in that MS. reads correctly "Bishop of Athens.") This error in the printed copies has led Mr. Tytler and others into the mistake of saying, that the Queen here referred to "the Bishop of Caithness." The titular Archbishop of Athens, Alexander Gordon, afterwards Bishop of Galloway, &c., (see page 259, note 10,) was undoubtedly the person alluded to.

"He is one," said the other, "Madam, that is put in electioun."

"Yf ye knew him," said sche, "als weall as I do, ye wold never promote him to that office, nor yit to any other within your Kirk."

"What he hes bein," said he, "Madam, I neather know, nor yitt will I enquyre; for, in tyme of darkness, what could we do but grop and go wrang evin as darkness caryed us? But yf he fear not God now, he deceaves many ma then me. And yitt, (said he,) Madam, I am assured God will not suffer his Churche to be so far deceaved as that ane unworthy man shalbe elected, whair free electioun is, and the Spreit of God is earnestlie called upoun to decyd betwix the two."

[Sidenote: THE QUENIS JUDGEMENT OF THE BISCHOPE OF ATHENIS.]

"Weall," says she, "do as ye will, but that man is a dangerouse man."[885]

[885] In the proceedings of the General Assemblies, held between June 1562 and August 1575, (or less than three months of his death,) Bishop Gordon's name frequently occurs. Having petitioned the Assembly in June 1562, it was declared, the Assembly "cannot acknowledge him for a Superintendent lawfully called for the present, but offered unto him their aid and assistance, if the Kirks of Galloway shall suit (solicit), and the Lords present;" and enjoins him to subscribe the Book of Discipline, (although he seems actually to have done so in 1561: see page 258.) On the 29th December 1562, the Assembly nominated for that office, "Mr. Alexander Gordon, entituled Bishop of Galloway, and Mr. Robert Post, minister of Dunkell;" and ordered the inauguration of the person elected to take place in the Parish Kirk of Dumfries, "on the last Lord's day of April." The election, as Knox intimates, did not take place. But Gordon was continued as Commissioner for planting and visiting the churches of that diocese; although there were frequent complaints made against him.

And thairintill was nott the Queue deceaved; for he had corrupted most part of the gentilmen, not onlie to nominat him, but also to elect him; which perceaved by the said Johne, Commissionare, delayed the electioun, and left with the Maister of Maxwell, Mr. Robert Pont, (who was put in electioun with the foirsaid Bischope,) to the end that his doctrin and conversatioun mycht be the better tryed of those that had not knawin him befoir. And so was the Bischope frustrat of his purpose for that present. And yit was he, at that tyme, the man that was most familliare with the said Johne, in his house, and at table. But now to the formar conference.

When the Queue had long talked with Johne Knox, and he being oft willing to tack his leave, she said, "I have one of the greatest materis that have tweiched me since I cam in this Realme, to open unto you, and I maun have your help into it." And she began to maik a long discourse of hir sister, the Lady Ergyle,[886] how that sche was not so circumspect in all thingis as that sche wisshed hir to be. "And yitt," said sche, "my Lord, hir husband, whom I love, entreattis hir not in many thingis so honestlie and so godlie, as I think ye your self wold requyre."

[886] Lady Jane Stewart, a natural daughter of King James the Fifth, and Elizabeth, daughter of John Lord Carmichael. Her marriage with Archibald fifth Earl of Argyle took place in April 1554, and proved unfortunate for both parties; but no separation ensued till about the year 1564. She received from her sister, Queen Mary, a pension of £150, in June 1565. She was one of the party at supper in Holyrood Palace the night of Riccio's murder, 9th March 1566. She stood sponsor for Queen Elizabeth at the baptism of James the Sixth. In 1567, (15th November,) the Treasurer paid "to Dame Janet Stewart, Comptis of Ergile," £133, 6s. 8d. The action of Divorce founded upon the complaints of both parties, led to a lengthened litigation, of which Mr. Riddell has furnished a detailed account in his most valuable work on Peerage and Consistorial Law, vol. i. pp. 547-551. In 1569, the Earl offered to adhere, and to receive her in his Castle of Dunoon, but the Lady now refused. At length the Earl, on the 23d June 1573, "obtained, (says Mr. Riddell,) a decree of divorce, _simpliciter_, by the Commissaries of Edinburgh, adjudging her to have 'lost her tocher _ad donationis propter nuptias_."' The Earl immediately availed himself of this judgment, by forming an alliance with Lady Jane Cunningham, daughter of Alexander Earl of Glencairn, in the month of August. Having died within a month of his second marriage, 12th September 1573, (see page 258;) his first wife soon afterwards raised an action of Reduction of the Divorce, styling Lady Jane Cunningham, as "pretendit spous of umquhil Archibald Erle of Argyle." She died in the Canongate, 7th January 1586-7, and was interred in the Royal Vault in the Abbey of Holyrood House. Her own settlement became the subject of litigation. (Commissary Court Records, 11th March 1587)

"Madam," said he, "I have been trubled with that mater befoir, and anes I put sick ane end to it, (and that was befoir your Grace's arryvall,) that boith she and hir freindis seamed fullie to stand content: And she hir self promessed befoir hir freinds, that sche should never complain to creature, till that I should first understand the controversie by hir awin mouth, or ellis [by an] assured messinger. I now have heard nothing of hir part; and thairfoir I think thair is nothing but concord."

"Weall," said the Quene, "it is war then ye beleve. But do this mekle for my saik, as anes agane to put thame at unitie; and if sche behave not hir self so as she aught to do, she shall find no favouris of me: But, in any wyse, (said sche,) let not my Lord know that I have requested you in this mater; for I wald be verray sorry to offend him in that or any other thing. And now, (said sche,) as tueching our reassonyng yisternycht, I promess to do as ye requyred; I sall caus summond all offendaris, and ye shall know that I shall minister Justice."

"I am assured then," said he, "that ye shall please God, and enjoy rest and tranquillitie within your Realme; which to your Majestie is more profitable than all the Papes power can be." And thus thei departed.

* * * * *

This conference we have inserted to let the world see how deaplie MARIE, QUENE OF SCOTLAND, can dissembill; and how that she could cause men to think that she bare no indignatioun for any controversie in religioun, whill that yitt in hir hearte was nothing but vennome and destructioun, as short after did appear.

Johne Knox departed, and prepaired him self for his jorney, appointed to Drumfreise; and from Glasgow, according to the Quenis commandiment, he wraitt this Lettir to the Erle of Ergile, the tenour whairof followis:--

"_The Lord cumith and shall not tarie, &c._

"AFTER commendatioun of my service unto your Lordschipe, yf I had knawin of your Lordshipis suddane departing, the last tyme it chaunsed me to see and speak you, I had opened unto you somewhat of my greaf. But supposing that your Lordshipe should have remaned still with the Quenis Grace, I delayed at that tyme to utter any part of that which now my conscience compelleth me to do. Your behaviour toward your wyff is verray offensive unto many godlie. Hir complant is grevouse, that ye altogetther withdraw the use of your body from hir. Yf so be, ye have great nead to look weill to your awin estait; for albeit that ye within your self felt no more repugnance, than any flesche this day on earth, yitt by promesse, maid befoir God, ar ye debttour unto hir, as reassonablie ye shalbe requyred of hir. But yf that ye burne on the one syd, (albeit ye do no worse,) and sche in your defalt upoun the other, ye ar not onlie mensworne befoir God, but also doeth what in you lyeth, to kendle against your self his wraith and havie displeasour. These wordis ar scharpe, and God is witnesse that in dolour of heart I wraitt thame; but becaus thei ar trew, and pronunced by God himself, I dar not but admonische you, perceaving you, as it war, sleaping in synne. The proude stubburnes, whairof your Lordship hath oft compleaned, will not excuise you before God; for yf ye be not able to convict hir of one cryme, ye aught to beir with other imperfectionis, and that ye wold that she should bear with you, in the lyik. In the bowellis of Christ Jesus, I exhort you, my Lord, to have respect to your awin salvatioun, and not to abuse the lenitie and long suffering of God: for that is a fearfull treasure that ye heap upoun your awin head, whill that he calleth you to reapentance, and you obstinatlie contineu in your awin impietie; for impietie it is, that ye abstract your confort and cumpany from your lauchfull wyff. I wrytt nothing in defence of hir mysbehavour towardis your Lordship in any sort; but I say, yf ye be not able to convict hir of adulterie committed since your last reconciliatioun, which was in my presence, that ye can never be excuissed befoir God of this freammed and strange intreatment of your wyff. And yf by you such impietie be committed, as is bruited, then, befoir God, and unto your awin conscience I say, that everie moment of that fylthie pleasure shall turne to you in a yearis displeasur; yea, it shalbe the occasioun and caus of everlasting dampnatioun, onless spedelie ye reapent: and reapent ye can nott, except that ye desist from that impietie. Call to mynd, my Lord, 'That the servand knawing the will of his Lord, and doing the contrarie, shalbe plagued with many plagues.' Syn, my Lord, is sweat in drinkyng, but in digesting more bitter then the gall. The Eternall move your heart earnestlie to considder, how fearfull a thing it is ever to have God to be [ane] ennemye.

"In the end, I most heartlie pray your Lordship, not to be absent from Edinburgh the nynetene of this instant, for sick causses as I will not wraitt. This much onlie I foirwarne your Lordship, that it will nott be profitable for the commoun quyetness of this Realme, that the Papistis brag, and that justice be mocked that day. And thus I cease farther to truble your Lordship, whom God assist. In haist from Glasgu, the 7. of May 1563. Your Lordships to command in godlynes.

(_Sic subscribitur._) "JOHNE KNOX."

This bill was not weall accepted of the said Erle; and yitt did he utter no part of his displeasur in publict, but contrairrelie schew him self most familiar with the said Johne. He keapt the dyett, and sat in judgment him self, whair the Bischope and the rest of the Papistis war accused, as after followis.

[Sidenote: ROBERT NORWALLIS FACT.]

[Sidenote: THE JUDGEMENT OF SOME.]

[Sidenote: HUNTLEY FOIRFALTED.]

The summondis war direct against the Messe-mongaris with expeditioun, and in the streatest form. The day was appointed the xix of May, a day onlie befoir the Parliament. Off the Papis knychtis[887] compeared the Bischop of Sanctandrois,[888] the Priour of Whitthorne,[889] the Parsone of Sanquhair,[890] Williame Hammyltoun of Camskeyth, Johne Gordoun of Barskeoghe, with otheris diverse. The Protestantis convened hoill to crave for justice. The Quene asked counsall of the Bischope of Ross,[891] and of the old Laird of Lethingtoun,[892] (for the youngar was absent, and so the Protestantis had the fewar unfreindis,) who affirmed, "That she must see hir lawis keapt, or ellis she wold get no obedience." And so was preparatioun maid for thair accusationis. The Bischope, and his band of the exempted sorte, maid it nyse to entyre befoir the Erle of Argyle who sat in judgement;[893] butt at last he was compelled to entir within the barr. A meary man, (who now sleapis in the Lord,) Robert Norwell, instead of the Bischoppis croce, bair befoir him a steyll hammer; whairat the Bischope and his band was not a lytill offended, becaus the Bischoppis priviledges war nott then currant in Scotland, (which day God grant oure posteritie may see of longar continuance then we possessed it.) The Bischope and his fellowis, after much ado, and long dryft of tyme, cam in the Quenis will, and war committed to warde, some to one place, some to ane other. The Lady Erskin,[894] (a sweatt morsall for the devillis mouth,) gatt the Bischoppis for hir part. All this was done of a most deape craft, to abuse the simplicitie of the Protestantis, that thei should not prease the Quene with any other thing concernyng materis of religioun at that Parliament, quhilk began within two dayis thairefter.[895] Sche obteined of the Protestantis whatsoever sche desyred; for this was the reassone of many, "We see what the Quene has done; the lyek of this was never heard of within the Realme: we will bear with the Quene; we doubt not but all shalbe weill." Otheris war of a contrarie judgement, and foirspak thingis, as after thei cam to pas, to wit, that nothing was meant but deceat; and that the Quene, how soon that ever Parliament was past, should set the Papistis at freedome: and thairfoir willed the Nobilitie not be abused. But becaus many had thair privat commoditie to be handilled at that Parliament, the commoun cause was the less regarded.

[887] On the 15th of February 1562-3, proclamation had been made for Parliament to assemble on the 20th March. It was delayed till the 26th of that month: see next page, note 2.

[888] On the 19th of May 1563, John Archbishop of St. Andrews, and forty-seven others, chiefly persons in holy orders, were tried before the Court of Justiciary for celebrating Mass, and attempting to restore Popery, at Kirk Oswald, Maybole, Paisley, and Congalton. Among the pannels were the persons mentioned by Knox--Malcolm Prior of Whitehorn, Robert Creichton, parson of Sanquhar, William Hamilton, tutor of Cammiskeyth, and John Gordon of Barskcocht. Most of the persons were committed to ward in Edinburgh, Dumbarton, and other places. See Pitcairn's Criminal Trials, vol. i. p. *427, and the Diurnal of Occurrents, p. 75.

[889] See page 370, note 4.

[890] See page 371, note 3.

[891] Henry Sinclair, Bishop of Ross, and President of the Court of Session.

[892] Sir Richard Maitland of Lethington. This venerable Judge was born in 1496, and survived till 1586. His attachment to literature has conferred an enduring celebrity on his name.

[893] Archibald Earl of Argyle, as hereditary Lord Chief Justice, presided on such occasions.

[894] Daughter of Sir William Murray of Tullibardine: see page 128, note 2.

[895] The meeting of Parliament took place on the 26th May 1563. Randolph, on the 3d June, writes thus to Cecil: "The Parliament began 26th May, on which day the Queen came to it in her robes, and crowned; the Duke carrying the crown, Argill the scepter, and Murray the sword. She made in English an oration publiquely there, and was present at the condemnation of the two Earles, Huntley and Sutherland." In like manner, the Diurnal of Occurrents states, that "Upon the xxvj day of the said moneth of Maij, the Quenis Majestie come to the Tolbuith of Edinburgh, with the Lordis of Parliament, in the maist honourable manner, and past thairin; and efter that she had maid hir proposition and orisoun in Parliament, the Lordis chesit the Lordis of the Articles," &c. (p. 76.)