Part 46

The fourth day of May the Earle of Murray came to Sterlin, where he was well received by the Queen's Majestie, as appeared; and immediately, as he past with her to my Lord Darnley's chamber, they presented to him a contract, containing in effect, That forasmuch, as, or since, the Queen had contracted marriage with the Lord Darnley, and that therefore sundry Lords of the Nobilitie had under-written, ratified, and approved the same, and obliged themselves to grant unto him in full Parliament the Crowne Matrimoniall, (by a new Court solecisme in policie, the Crowne for the second time is surnamed Matrimoniall; before, when the Queen was first married, it was so called also,) to serve and obey him and her as their lawfull Soveraignes. The Queen desired my Lord Murray to subscribe, as many others had done before; which hee refused to do, "Because, (said he,) it is required necessarily that the whole Nobility be present, at least the principall, and such as he himself was posteriour unto, before that so grave a matter should be advised and concluded."

The Queen's Majesty no wayes content with this answer, insisted still upon him, saying, The greatest part of the Nobilitie were there present and content with the matter, wished him to be so much a Stewart, as to consent to the keeping of the Crown in the family, and the surname, according to their Father's will and desire, as was said of him a little before his death: But he still refused for the causes above written.

Now as the Lords were assembled, an Ambassadour from England, named Sir Nicholas Throckmorton,[1068] arrived at Sterlin, and in his company the Laird of Lethington; the Ambassador was at the Castle gate or ever they were aware; and as he stood there in the entry, he was desired to passe to his lodgings. The next day he had audience of the Queen, and was graciously received according to the dignity of his message. The whole summe of this his message was, to shew and declare to the Queen, how highly the Queen his mistris was offended with this precipitated marriage, and wondered what had moved her to take a man of inferiour rank and condition to her selfe: and therefore disswaded her therefrom. And specially desiring her most earnestly to send home her subjects, the Earle of Lennox and the Lord Darnley: but all in vaine; for the matter was well farre proceeded. In her heart Queen Elizabeth was not angry at this marriage; first, because if Queen Mary had married a foraign Prince, it had been an accesse to her greatnesse, and consequently she had been more redoubted by the other; next, both Harry and Mary were alike and in equall degree of consanguinitie unto her, the father of Mary and the mother of Harry being children to her Father's sister.

[1068] Throckmorton, in his letter to the Queen of England, on the 20th May 1565, mentions that he reached Edinburgh on the 13th, and Stirling on the morning of 15th May; when, he says, "At my arrival at the Castle, the gates were shut against me, whether it proceeded from fear, or of some other passion, I know not. I thus remaining some time before the gate, there came unto me the Master of Arskine and the Justice-Clerk, who desired me, in the Queen their Mistress's behalf, to retire unto my lodging which was appointed in the town, saying, that after I had reposed myself, the Queen did mind to give me audience." (Keith's History, vol. ii. p. 279.)

With many fair words the Queen let the Ambassadour depart, promising to do all she could to satisfie the Queen of England; and for the same purpose she would send an Ambassador to her.

[Sidenote: The Earl of Murray seeing the other Nobles consent gave his, which before he refused.]

In the meane time the Queen's marriage with the Lord Darnley was prepared and propounded in Councell, and the chief of the Nobilitie, such as the Duke, the Earles of Argyle, Murray, Glenearne, with the rest, granted freely to the same, providing that they might have the Religion established in Parliament, by the Queene, and the idolatrous Masse and Superstition abolished; shortly it was concluded, that they should convene again to Saint Johnstoun, where the Queen promised to take a finall order for Religion. The day was appointed, to wit, the last of May, at Perth: my Lord of Argile came too late. The Queen's Majestie communed with the Lords, who were very plain with her, saying, Except the Masse were abolished, there should be no quietnesse in the countrey. The twelfth day of May the Lord Darnley was belted, (that is, created) Earle of Rosse, with great solemnity, a belt or girdle being tyed about his waist or middle; and albeit all kinde of provision was made to make him Duke of Rothesay, yet at that time it came not to effect, albeit the crown and robe-royall were prepared to him for the same. For the entertainment of this triumph there were many Knights made, to the number of fourteen.[1069] The next day, which was the thirteenth of May, the Queen called for the Superintendants, by name John Willock, John Winram, and John Spotswood, whom she cherished with faire words, assuring them, that she desired nothing more earnestly than the glory of God, and satisfying of men's consciences, and the good of the Commonwealth; and albeit she was not perswaded in any Religion but in that wherein she was brought up, yet she promised to them that she would hear conference and disputation in the Scriptures: And likewise she would be content to hear publike preaching, but alwayes out of the mouth of such as pleased her Majestie; and above all others, she said, she would gladly hear the Superintendant of Angus, (for he was a mild and sweet natured man,) with true honesty and uprightnesse, John Ariskin[1070] of Dun.

[1069] According to a memorial transmitted by Sir Nicholas Throckmorton to Queen Elizabeth, this ceremony took place at Stirling on the 15th May; and he enumerates the names and titles of the fourteen Knights. (Keith's History, vol. ii. p. 289.)

[1070] In the Lond. edit. 1644, "Sir Ariskin;" in the Edinb. edit. "Sir Ærskin."

Soon after the Queen past to Saint Johnston, after that she had directed Master John Hay,[1071] Prior of Monimusk, to passe to England, who sped at the Queen of England's hand, even as Sir Nicholas Throckmorton did in Scotland.

[1071] Mr. John Hay was Master of Requests, a Privy Counsellor, and Commendator of Balmerinoch. He died on the 3d December 1573. (Register of Confirmed Testaments.)

Before the day which was appointed for the meeting at Saint Johnston, my Lord of Murray, most carefull of the maintenance of Religion, sent to all the principall Churches, advertising them of the matter, and desiring them to advise, and send the most able men in learning and reputation, to keep the day; but their craft and dissimulation appeared, for the Dean of Restalrigge who lately arrived out of France,[1072] with others, such as Mr. John Lesley, Parson of Oyne,[1073] afterward Bishop of Rosse, caused the Queen to understand that thing whereof she was easily perswaded, to wit, That there ought to be given to all men libertie of conscience, and for this purpose to shun or put off the first day appointed. The Queen writ to the Nobility, That because she was informed that there was great meetings out of every shire and town in great number; and then the other partie, (so termed she the Papists,) were minded to gether to the said Convention, which should apparently make trouble or sedition, rather than any other thing; therefore she thought it expedient, and willed them to stay the said meetings, and to deferre the same till such a day that she should appoint with advice of her Councell. At this time there was a Parliament proclaimed to be held at Edinburgh the twentieth day of July. By this Letter, some of the Protestants having best judgement, thought themselves sufficiently warned of the inconveniences and troubles to come. Now her Councell at this time was only the Earles of Lenox and Athole, the Lord Ruthven, but chiefely David Rizio the Italian ruled all; yet the Earle of Rosse[1074] [was] already in greatest credit and familiarity.

[1072] Queen Mary applied for a safe conduct to "Maister John Sinclair, Deane of Restalrig, being from the partes of France, and willing to returne hameward," 18th September 1561. (Labanoff, Recueil, vol. i. p. 227)

[1073] In both edit. 1644, Lesley is called "Parson of Vune," an error for Une, or Oyne, in Aberdeenshire: see the Appendix to this volume.

[1074] Henry Lord Darnley: see page 495.

These Letters were sent out to the Lords about the eight and twentieth day of May; and within twelve dayes thereafter, she directed new missives to the chief of the Nobility, desiring, or commanding them, to come to Saint Johnston the three and twentieth day of June following, to consult upon such things as concerned Religion, and other things, as her Majesty should propose; Which day was even the day before that the Generall Assembly should have been held in Edinburgh. This last Letter uttered the effect of the former; so that the Protestants thought themselves sufficiently warned. Always as the Earle of Murray was passing to Saint Johnston to have kept the said day, he chanced to fall sick of the fluxes in Lochleven, where he remained till the Queen came forth of Saint Johnston to Edinburgh, where the Generall Assembly of the whole Church of Scotland was held the four and twentieth day of July.[1075] The Earles of Argyle and Glencarne assisted the Church, with a great company of Lods, Barons, and others: It was there ordered and concluded, That certain Gentlemen, as Commissioners from the Church National, should passe to the Queen's Majestie, with certain Articles, to the number of six, desiring her most humbly to ratifie and approve the same in Parliament.

[1075] The General Assembly met at Edinburgh, on the 25th June 1565.

And because the said ARTICLES are of great weight, and worthy of memory, I thought good to insert the same word by word.[1076]

[1076] The Articles here inserted were drawn up by John Erskine of Dun, John Willock, Christopher Goodman, and John Row; and, on the following day, they received the Assembly's approbation.

_Imprimis_, That the Papisticall and blasphemous Masse, with all Papisticall idolatry, and Papall jurisdiction, be universally supprest and abolisht thorowout this Realme, not only in the subjects, but also in the Queen's own person, with punishment against all persons that should be deprehended to transgresse and offend in the same: And that the sincere word of God, and Christ's true Religion, now at this present received, be established, approved, and ratified, thorowout the whole Realme, as well in the Queen's own person as in the subjects: And that the people be [astricted] to resort upon the Sundays at the least, to the prayers and preaching of God's word, even as they were before to the idolatrous Masse: And these Heads to be provided by Act of Parliament, and ratified by the Queen's Majesty.

_Secondly_, That [sure] provision be made for sustentation of the Ministry, as well for the time present, as the time to come: And that such persons as are presently admitted to the Ministry, may have their livings assigned unto them, in places where they travell in their calling, or at least next adjacent thereto: And that the Benefices now vacant, or hath been vacant since the month of March 1558, or that hereafter shall happen to be vacant, be disponed to qualified and learned persons, able to preach God's Word, and discharge the vocation concerning the Ministry, by tryall and admission of the Superintendents and Overseers: And that no Benefice or Living, having many Churches annexed thereunto, be disponed altogether in any time to come, to any [one] man, but at the least the Churches thereof be severally disponed, and that to severall persons; so that every man having charge may serve at his own church according to his vocation: And to that effect, likewise the Gleebs and the Manses be given to the Ministers, that they may make residency at their Churches, whereby they may discharge their consciences according to their vocation; and also, that the Kirks may be repaired accordingly; and that a law be made and established hereupon by Act of Parliament, as said is.

_Thirdly_, That none be permitted to have charge of Souls, [Schools,] Colledges, or Universities, neither privately or publickly to teach and instruct the youth, but such as shall be tried by the Superintendents or Visitors of churches, and found sound and able in doctrine, and admitted by them to their charges.

_Fourthly_, For the Sustentation of the Poor, That all lands founded for hospitality of old be restored again to the same use; and that all lands, annual-rents, or any other emoluments, pertaining any ways sometimes to the Friers, of whatsoever Order they had been of; as likewise the annuities, alterages, obits, and other duties pertaining to Priests, to be applied to the sustentation of the poor, and uphold of the town-schools in towns, and other places where they lie.

_Fifthly_, That such horrible crimes as now abound within this Realme, without any correction, to the great contempt of God and his Word; such as Idolatry, blasphemie of God's name, manifest breaking of the Sabbath-day, witchcraft, sorcery, inchantment, adultery, manifest whoredome, maintenance of bordals, murther, slaughter, oppression, with many other detestable crimes, may be severely punished; and Judges appointed in every province and diocesse, for execution thereof, with power to do the same, and that by Act of Parliament.

_Lastly_, That some order be devised and established for ease of the poor labourers of the ground, concerning the [un]reasonable payment of the tythes, who are oppressed by the leasers of the tythes set over their heads, without their own consent and advice.

The persons who were appointed by the Church to carry these Articles, and present them to the Queen's Majestie, were the Lairds of Cunninghamhead, Lundie, Spot, and Grange of Angus, and James Baron for the Broughs:[1077] These five past from Edinburgh to Saint Johnston, where they presented the said Articles to the Queen's Majestie, desiring and requiring her Highnesse most humbly to advise therewith, and to give them answer. The next day, ere they were aware, the Queen departed to Dunkeld, and immediately they followed; and after they had gotten audience, they desired the Queen's Majestie most humbly to give their dispatch. She answered, That her Councell was not there present, but she intended to be in Edinburgh within eight dayes, and there they should receive their answer.

[1077] These five Commissioners were, Walter Lundie of Lundie, in Fife; William Cunningham of Cunninghamhead, in Ayrshire; William Durham of Grange, in Forfarshire; George Hume of Spot, in Berwickshire, and James Barron, merchant-burgess of Edinburgh.

At the same time, as the Generall Assembly was holden in Edinburgh, the Brethren perceiving the Papists to brag, and trouble like to be, they assembled themselves at Saint Leonard's Craig,[1078] where they concluded they would defend themselves; and for the same purpose, elected eight persons of the most able, two of every quarter, to see that the Brethren should be ready armed.

[1078] The district of St. Leonard's is now included in the suburbs of Edinburgh. It is on the south side of the city, immediately in front of Salisbury Crags.

And when the five Commissioners above named had waited upon the Court four or five days after her Majesties coming to Edinburgh, there the matter was proposed in Councell: And after long and earnest reasoning upon these Articles, at length it was answered to the Commissioners by the Secretary, That the Queen's Majesties command was, That the matter should be reasoned in her presence; which for the gravitie of the same, there could nothing be concluded at that time, albeit the Queen's Majestie had heard more in that matter then ever she did before: But within eight days thereafter, she understood that a great part of the Nobilitie should be present in Edinburgh, where they should have a final answer.

At length, the one and twentieth of August, they received the answer in writing in her presence, according to the tenour hereof, as followeth:--

THE QUEEN'S MAJESTIES ANSWER TO THE ARTICLES PRESENTED TO HER HIGHNESSE, BY CERTAIN GENTLEMEN, IN THE NAME OF THE WHOLE ASSEMBLIE OF THE CHURCH.

To the first, Desiring the Masse to be suppressed and abolished, as well in the head as in the members, with punishment against the contraveners; as also, the Religion professed to be Established by Act of Parliament: It was answered first, for her Majesties part, That her Highness is no way yet perswaded in the said Religion, nor yet that any impiety is in the Masse; and therefore believeth, that her loving subjects will not press her to receive any Religion against her conscience, which should be unto her a continuall trouble by remorse of conscience, and therewith a perpetuall unquietness. And to deal plainly with her subjects, her Majesty neither will nor may leave the Religion wherein she hath been nourished and brought up, and believeth the same to be well-grounded; knowing, besides the grudge of conscience that she should receive, upon the change of her own Religion, that she should lose the friendship of the King of France, the married Allia of this Realme, and of other great Princes her friends and confederates, who would take the same in evil part, and of whom she may look for their great support in all her necessities. And having no assured consideration that may countervail the same, she will be loth to put in hazard all her friends at an instant; praying all her loving subjects, seeing they have had experience of her goodness, that she hath neither in times past, not yet intends hereafter, to press the conscience of any [man,] but that they may worship God in such sort, as they are preswaded in their conscience to be best, that they will also not presse her conscience.

As to the establishing of Religion in the body of the Realme, they themselves know, as appears by their Articles, that the same cannot be done only by consent of her Majestie, but requires necessarily the consent of the [three] States in Parliament; and therefore so soon as the Parliament holds, those things which the [three] States agree upon amongst themselves, her Majestie shall consent unto the same; and in the mean time shall make sure, that no man be troubled for using [themselves in] religion according to conscience; so that no man shall have cause to doubt, that for religion's sake men's lives and heritage shall be in any hazard.

To the second Article, it is answered, That her Majestie thinks it no wayes reasonable, that she should defraud her self of so great a part of the patrimony of the Crowne, as to put the Patronage of Benefices forth of her own hands; for her owne necessity in bearing of her port and common charges will require the retention thereof, and that in a good part, in her owne hands: Neverthelesse her Majestie is well pleased, that consideration being bad of her owne necessity, and what may be sufficient for [her, and for] the reasonable sustentation of the Ministers, a speciall assignation he made to them in places most commodious and meet: with which her Majesty shall not meddle, but suffer the same to come to them.

To the third Article, it is answered, That her Majestie shall do therein as shall be agreed by the States in Parliament.

To the fourth Article, Her Majesties liberality towards the poore shall alwayes be so far extended, as can be reasonably required at her hands.

To the fifth and sixth Articles, Her Majesty will refer the taking order therein unto the States assembled in Parliament.[1079]

[1079] The Queen's Answers to the Articles were presented by the Commissioners at the next meeting of the General Assembly, on the 25th December 1565. They were declared to be unsatisfactory to the Kirk, and Mr. John Row was directed "to put in wryte, Answers to the Answers." These Answers are inserted in the Book of the Universall Kirk, vol. i. p. 69; and also the Supplication, which the Assembly on the 26th December prepared "to be presented to the Queen and Counsell, by the Lord Lindesay, and David Murray, brother to the Laird of Balvaird." (Book of the Univ. Kirk, vol. i. p. 71.)

As the Queen's Majestie came from Saint Johnston, over Forth to the Callender, she was conveyed to the water side of Forth with two hundred spears: For at that time it was bruted, that there was some lying in wait at the Path of Dron.[1080] In the mean time the Earle of Murray was in Lochlevin, and the Earle of Argyle with him. Now in the Callender[1081] the Lord Levingston had desired the Queen's Majestie to be witnesse to the christning of a child; for his Lady was lately delivered and brought to bed: And when the Minister made the sermon and exhortation concerning baptisme, the Queen's Majestie came in the end, and said to the Lord Levingston, "That she would shew him that favour that she had not done to any other before;" that is, that she would give her presence to the Protestant sermon, which was reckoned a great matter.

[1080] Dron, the name of a small parish in Perthshire, at the foot of the Ochil hills.

[1081] Callender, near Falkirk, the seat of William fifth Lord Livingstone of Callender, in the shire of Stirling.

The Queen being in the Callender, was informed both by word and letters by false brethren, That a great part of the Protestants of Edinburgh had lately convened upon Saint Leonard's Craigs, and there made a conspiration against her; and had chosen for the same purpose certain Captains to governe the rest: And without any tryall, or perfect notice taken in the case, she sent to the Provest and Bayliffs of Edinburgh, commanding them to take and apprehend Alexander Guthrie, Alexander Clerke, Gilbert Lawder, and Andrew Sclater, and put them in prison in the Castle.[1082]

[1082] On the 10th July 1565, a messenger was sent "within Edinburgh, to Summond Alexander Guthrie, Alexander Clerk, Gilbert Lauder, and Andro Sklater, burgesses of the said burgh, to compeir before the Justice and his deputis in the Tolbuith of Edinburgh, on the 26th July," &c. (Treasurer's Accounts.) The office of Town-Clerk being held by Guthrie, was disposed of at this time to David Chalmers of Ormond, who, in January preceeding, had been appointed one of the Lords of Session. He was an adherent of Bothwell, and was openly accused as having been accessary to the murder of Darnley, but was never brought to trial.