I ft. p ** m THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES it fy /.'.' THE LIFE OF MARY, QUEEN OF SCOTS, DRAWN FROM THE STATE PAPERS. WITH SUBSIDIARY MEMOIRS. ILLUSTRATED WITH PLATES OF MEDALS, PORTRAITS, AND PROSPECTS, BY GEORGE CHALMERS, F. R S. S. A. THE SECOND EDITION, CORRECTED AND ENLARGED. IN THREE VOLUMES. JOHN MURRAY, ALBEMARLE STREET 1822 An unparalleled act of blood upon the Life of a crowned neighbour Queen and Ally." LORD CLAKENDON. Printed bjr W. Nicol, Successor to W. Bulowr & Co. Cleveland- row, St. James's. saa CONTENTS. MEMOIRS. IV. Memoir of James Earl Bothwell - V. Memoir of the Regent Murray - 119 VI. Memoir of the Regent Morton - 404 VII. Memoir of Secretary Maitland 63O VIII. Secretary Davison's Apology - 616 THE LI FE OF , <&ueen of MEMOIR IV. Memoir of James, Earl Bothwell. 1 H E life of a noble, who acted so memorable a part, in tbe sad tragedy of Mary's reign, merits here a more particular investigation, than has hitherto been derived, from calum- nious anecdote, and doubtful history. In both those sources of dubious information, he has been confounded with his father, Earl Patrick, who was one of the most profligate men of a most corrupt age. Earl Patrick was, probably, born, in 151*2; as his father, and mother, were married, as we may infer, from the Great Seal Record, soon after August 1511 : And, his father fell on Flodden Field, upon the 13th of August 1513. k When scarcely five years k On the 23d of May 1517, the Privy Council, for certain considerations moving them, ordered the Earl of Bothwell VOL. III. B 2 THE LIFE OF [MEM. IV. Memoir of old, he thus appears to have been taken out of his mother's custody ; and carried to France, in September 1517. He was, probably, rede- livered to his mother, by the Regent's order, who governed, in the absence of Albany. In such circumstances, we may easily suppose, that his education could not have been much, or very regular : Before he was three and twenty, he was a prisoner, in Edinburgh-castle, for whatever offences : And on the 4th of April 1535, he gave his bond ; obliging himself to remove from Scotland, for twenty years. 1 Yet, to be put into the Lord Governor's keeping j and the Coun- tess his mother was directed to deliver him to the order of Albany. [Minutes of Council.] On the 21st of Nov. 1517> there is a petition of Agnes, Countess of Bothwell, to the Regents in Council, stating that, she was, by dread, com- pelled, to deliver her son, the Earl of Both well, to the Go- vernor, who gave him in keeping to my lord le Bastie ; and after his death [llMh Sept. 1517] his widow, at her own hand, without the consent of the said Earl's mother, or any of his friends, has lately carried him to parts beyond sea : Wherefore, she prays remeid j as she is heavily injured, by the taking away of her son, who is now in his tender, and less age ; and desires, that the Governor may be written to, for to send her son home, to be kept by her till he be xvii years complete, according to law, equity, and justice ; con- sidering that she has no more but him to do her, and her friends, comfort, and consolation. [Minute of Council.'] This was Earl Patrick, who was then an infant. 1 Sir Lewis Stewart's MS. Collections. J. Earl Bothwell'] THE SCOTISH QUEEN. 3 he appears to have soon returned : For, he was required to enter into a second bond, at Inver- ness, on the 1st of August 1539, to banish him- self, from Scotland, England, and France, during the king's pleasure, and not to acquire, by any means, his restoration. During the subse- quent warfare with England, he appears to have joined that hostile country against his own :" In September 1549, he obtained, from the Eng- lish Government, an annual pension of 3000 crowns, and an assurance of idemnity, for his estates, which lay on the disputatious borders. He was induced, however, by the intrigues of the dowager queen, to return to Scotland, in 1553 : p And, she gave him a remission, for all m Id. He was obliged to give, at the same time, a power to James Hepburn, the Dean of Dunkeld ; obliging himself to resign into the king's hands the lordship of Liddisdale. n Privy Council Register of the 28th Feb. 1547-8. Rym. Feed. xv. 190. p There remains in the Register-house, at Edinburgh, an original letter of Earl Patrick to the Queen Regent, which is curious in itself, and marks the epoch of his return : " It may pleiss your gude grace yat efter gret stonne off wedder and bevy laboris be ye see I arrivit heir in lawdiane quhair I remane as yit willing w l trew hart to offer & to do yo r grace my detfull dewite of service. And because I am by violent tempest and storme on ye see sumpart crasit and alterit in my persoun. And nocht sa habill at yis present to 4 THE LIFE OF [MuM. IV. Memoir of his treasons, on the 26th of March 1554 ; as we know from the Privy Seal Record. He soon after joined the queen, at Stirling-, with other nobles, who resolved, that she should have the regency, in the place of the Duke of Chattel- herault : q Earl Patrick appeared, in the Parlia- ment, which assembled, at Edinburgh, on the 10th of April 1554: And, two days after, he subscribed the Parliamentary Declaration,which was given to the same duke, as an idemnity, for his feeble, and corrupt administration. 1 The do sic service as my will commadis & steris me to // Sua to excuss my unhabilness unto your grace / And to haue yo r grace directioun quhat I sail do presentlie & quhare I sail address me to cum to yo r grace presens I haue send yis berar my cousing of Trakwair to haue yo r grace mynd & comand towart me heirintlll : And sen I will no 1 impesche your grace w' reding off lang lett this berar will schaw your grace at mair lentht likas 1 haue giffin to him in charge / sua it will pleiss yo T grace gyff him credens. And thus prays ye Al- michte god to haue your grace in keping. Off Crechtoun yexii day of November 1553." your grace huinill and obedient servitour at power To the Quenis Grace. EHLB BOTHUILI,. i Lodge's Illustrations, i. 295 : He supposes, mistakingly, that proceeding to have taken place, in 1558. ' Ada Parl., ii. 597. The regent queen granted to Earl Patrick, on the 5th of August 1554, the ward and marriage of Walter Scot, the son, and heir, of the late Sir William J. Earl Bothwell.] THE SCOTISH QUEEN. 5 epoch of the queen mother's regency, under the authority of the Estates, is the 12th of April 1554. She now employed Earl Patrick, as her Lieutenant on the Borders.' He died, at Dum- fries, about the end of September 1556, aged forty-four.' Earl Patrick married Agnes Sin- clair, the daughter of Henry, Lord Sinclair ; by whom he had one son, James, who succeeded him, and a daughter Jane, who married, in Ja- nuary 1561-2, John, Commendator of Coldin- ham, who was one of the many bastards of James V. ; and who died, in 1563 : By him, she Scot of Kirkurd, and grandson, and heir, of the late Sir Walter Scot of Branxholm. [Privy Seal Reg. xxvii. fol. 75-j s Earl Patrick met the English Commissioners, atRyding- burn, for redressing mutual injuries, on the middle Marches, upon the 12th of May 1556. [Lodge's Illust. i. 214.] In August 1556, Earl Patrick resided, at Dumfries, as the queen's lieutenant, on the west borders. There are, in the month of August 1556, various charges, in the Treasurer's accounts, for expresses, sent to Earl Patrick, in Dumfries. On the 31st of August 1556, there was a payment to P. Thomson, the 1 Hay herald ; going from Edinburgh to Dum- fries, and Annan, with a commission of Wardenrie, to Earl Patrick, and a charge to deliver the Castle of Lochmaban to the same Earl. [ Id.] 1 The place of his death is specified, in the process, for proving the consanguinity of Earl James with Lady Jane Gordon : And the time of his death is ascertained, by the service post mortem of his son, on the 2d of November 1556.. 6 THE LIFE OF [Mew. IV. Memoir of had an only son, Francis, who was created Earl Bothwell, by James VI. ; and, by his practices, did not disparage the deeds of his uncle, and grandfather. The widowed Jane married, se- condly, in 1566, John, Master of Cathness, who died, in 1577 ; and she married, thirdly, the notorious Archibald Douglas, the Parson of Glasgow, and one of the Lords of Session. Earl Patrick was divorced, from Agnes Sinclair, at some time before his remission, and restora- tion, in March 1554 ; as she obtained, on the 13th of March 1553-4, a charter of confirma- tion of three charters granted, by Patrick Earl Bothwell, to Agnes Sinclair, formerly, his spouse." She long outlived Earl Patrick ; and held, under those charters, till her death, in 1573, the barony of Moreham, which the Re- gent Morton, then seized, as belonging to the king, by the forfeiture of her son, and heir, James, Earl Bothwell.* Earl James thus succeeded his father, in his u Privy Seal Reg. xxvii. fol. 14. James, Earl Bothwell, at the Craigrnillar conference, speaks of the divorce of his father, and mother, as not having injured his title, or estate. * On the 8th of October 1573, the regent granted a lease of the barony of Moreham, for a year, from the death of the same dame Agnes Sinclair, to her daughter, dame Jane Hepburn, the Mistress of Cathness. [Regist. of Signatures^ B. ii.) J. Earl Bothwell.'] THE SCOTISH QUEEN. 7 titles, estates, and offices, in September 1556, when he was about five, or six and twenty' years of age : y And, he now enjoyed, from the third Earl, not only large estates, but the he- reditary offices of Lord High Admiral of Scot- land, Sheriff of Berwick, Hadington, and Edin- burgh, as well as Baillie of Lauderdale, with the Castles of Hales, and Crichton, for his fort- lets : Earl James became thus, by descent, from his father, grandfather, and great grand- father, the most powerful noble, if we except the Duke of Chattelherault, in Southern Scot- land. If we might believe Buchanan, young Bothwell was educated, in the corrupt house of his great uncle, the bishop of Murray, dur- ing an unprincipled, and turbulent age, when f James could not have been born before the year 1530 j supposing his father to have married, at the age of 17. Earl James was neither so young, as the late Lord Hailes supposed, nor so old, as the late Lord Elibank contended j as Earl Patrick was only born, in 1512. See the controversy, between the Lords Hailes, and Elibank. It was reported, in 1 543, that Matthew, Earl of Lennox, and the Earl of Bothwell, were rival suitors, to the Queen dowager, who was not pleased with such a report. Sadler's Letters 333. Buchanan, with his accustomed falsehood, attributes that rivality to James, Earl Bothwell, and not his father. If James, Earl Bothwell was born, in 1531, he was 25, in 1556 j 35, in 1566 ; and 36, in 1567, when he ravished the Scotish Queen. 8 THE LIFE OF [MEM. IV. Memoir of Buchanan himself acquired his tergiversation, his ingratitude, and his baseness/ James, Earl Bothwell, was, early, noticed, in publick life.* On the 14th of December 1557, the Earl of Bothwell was one of the nobles, who signed the Commission, for effectuating the Queen's marriage with the Dauphin. b He became the Queen's Lieutenant, on the Bor- ders, and Keeper of Hermitage-castle, in the z See Buchanan's Detection, one of the corruptest of books ; and Lord Hailes's Remarks, one of the slighest. * In the Treasurer's accounts, there is a payment of 22/6 to Alexander Cuming, in January 1548-9 j to execute a charge upon the Lord Borthwick, and the master of Hales ; Earl Patrick being then alive. The following entry in the Privy Council Register, of date the 28th of February 1548- 9, will explain the obscurity of that charge : " In presence of the Council, John Lord Borthwick took upon him the keeping of thefortalice of Hales ; and obliged himself to keep the same, surely, from our auld enemies of England, and all others -, and should not deliver the same to Patrick, Earl of Bothwell, or any, in his name, under the pain of \O,OOOl." The dowager- queen had, also, obtained a grant of Earl Patrick's property, then pertaining to the Queen, by his treason. Privy Seal Reg. 26th Jan. 1547-8. On the 14th of March 1556-7, he obtained a royal grant of his grand- mother's property. Id. On the 5th of January 1557-8, he was, by the Regent- Queen, constituted the Queen's Baillie, of the Lordship of Liddisdale, for a year, and during the Queen's pleasure. [/<*.] b Ada Parl. of that date. J. Earl Bothwell.-] THE SCOTISH QUEEN. 9 ubsequent year. c On the 29th of November 1558, as Sheriff of Edinburghshire, the Earl of Bothwell attended the Marshal, and Constable, in opening the Parliament ; wherein he sat ; as we may learn, from the Parliamentary Record. His first military exploit was a successful in- road into England, as the Lieutenant, in 1558, during the war, which was ended, by the peace of Cambray. d James, Earl Bothwell, thus set out, in early life, as an enemy of the English government, and as an antagonist of the English faction, in Scotland, after the ac- cession of Elizabeth, in 1558. As Lieutenant of the Regent-Queen, at the epoch of the peace of Cambray, in April 1559, he met the Earl of Northumberland, to settle the mutual differ- ences, of the conterminous nations. 6 In August 1559, the Earl of Bothwell with Sir Richard Maitland, and Sir Walter Ker, were appointed Commissioners, for settling the differences on the southern borders with the English War- dens/ But, neither the treaty of Cambray, nor any other treaty, brought peace to Scot- land, while Elizabeth reigned, in England : c He was paid 23 1. a month, as keeper of that castle. Treasurer's Accounts. d Holinshed, i. 363. Keith's 'App, 89. f Sadler's St. Pap. i. 407-8. 10 THE IIFE OF [MEM. IV. Memoir of She encouraged a faction to resist the govern- ment, and to establish pretensions, which were inconsistent with the quiet of the country, and with the sovereignty of Scotland. In resisting that faction, the Regent-Queen, employed the Earl of Bothwell : As Sheriff of the county, Bothwell, in October 1559, arrested John Cockburn of Ormiston, who was conveying 4000 crowns, for the faction, from Elizabeth, as her fuel, for inflaming the contentions of her neighbour-kingdom : g The insurgent chiefs, severely, felt that timeful blow, which they never forgot, nor forgave. The Earl of Arran, and the. Lord James Steuart, immediately, at- tacked Bothwell's Castle of Crichton, which they easily took ; as he had retired, with the money, which was, at that moment, of great importance to all parties. 11 The success of Bothwell induced the Regent-Queen, in De- cember 1559, to intrust him with the com- mand, of 800 French, and Scotish troops, who were then sent, from Edinburgh, to Stirling.' In May 1560, while two armies were contend- ing with the usual rage of civil war, Bothwell was sent, by the Regent-Queen, to solicit aid, Keith's App. 43. h Keith, 43, and the State Papers. 1 Sadler's St. Pap. i. 667. J. Earl Bothwell] THE SCOT4SH QUEEN. 11 from France. k But, she lived not to receive either assistance, or consolation, in consequence of his representations ; as she died, on the 10th of June 1560, after a long indisposition, amidst the distractions, arising from persons, and cir- cumstances, which she could neither counter- k There still remains, in the Register Office, at Edinburgh, an original letter, from Earl James, to the Queen-Regent, which, as a curious remain of such a man, is here sub- joined : " Pleisit your nines be remebrit I vrait onto your Grace of bifoir conserning my deperting towirt our soverans in Frans quhilk your G. thocht gud \\ quhairfor I haue sensyn preparit me for y e samin and hes bein in redines yir four or fyf dais paist lyk as I am yit auatant on your G. depech alennerlie for I haue mead ye griter haist to ye effec I may return agane vith ye arme and haue su charg yairintill be your G. vrytings sic as our said soverans and your hines thinkis me maist abill for // yat I may be at all tymis in ye roum quhair service occurris // sen I haue nocht the como- dite yairto at yis present nor haste apirans yairof vithout ye samin // desyrand your G. maist humilie yairfor to forthir ye said vrytings for ye causs forsaid // and gyif yair be ony uthir thing it vill pleis your G. to comand I sail do my deligens to parfurm ye samyn my maist humill comedatiouns of ser- vice being maid onto your hinis comittis your G. in ye keip- ing of Almichti Gode. At Crichtun ye xv day of May 1560. " your G. maist humill and obedient servitour " To the Quenis Grace." " BOITHUILL." 12 THE LIFE OF [MEM. IV. Memoir of act, nor controul. 1 On her decease, the go- vernment of Scotland was assumed, though without authority, by the Duke of Chattelhe- rault 3 who was prompted, and supported, by Elizabeth. Bothwell was well received, by the French Court, and closely watched, by the English Ambassador. 1 " He set out, from Paris, rather unexpectedly, in November 1560, by the way of Flanders, for Scotland." His speedy 1 In the Treasurer's Accounts of 1560, there are the fol- lowing charges : Paid to John Weir, pewtherer, for a wobe (webb) of leid, to be an sepulture to inclose the Queen's grace in 4 15 To the said John, for sowdene of the said weobe of leid - 1 12 For 2 hundred dur nalis to the Queen's grace's se- pulture 030 For xxi elns and an half of black gray, to hing the Chapel of the Castle of Edinburgh, the Queen's grace's body lyand therein 624 The Queen -regent, after awhile, was carried to France, where she was buried among her ancestors. m Hardwick's St. Papers, i. 143: Bothwell, had a pre- icnt of six hundred crowns ; and was made gentleman of the King's bedchamber, with the fee belonging thereto. Id. n 16. 149 : Throckmorton, Elizabeth's representative, at Paris, described Bothwell, in November 1560, " as a vain- " glorious, rash, and hazardous young man ; and therefore, " it were meet," he added, " for his adversaries to have an " eye to him, and also to keep him short." Id. There has J. Earl Bothwell.'] THE SCOTISH QUEEN. 13 departure was owing to a cause, which escaped the eagle eyes of Throckrnorton, then, and the heedless observation, of the Scotish historians, since : Mary, on that occasion, sent four Com- missioners to Edinburgh with two Commis- sions ; in order to establish a sort of provisional government, in the room of her mother's re- gency. One of those commissions empowered the Duke, the Earl of Argyle, the Earl of Hunt- ley, the Earl of Both well, the Earl of Athol, the Lord James, the Archbishop of St. Andrews, or any three of them, to assemble the Estates, and hold a Parliament. It may easily be per- been some debate, about the age of James, Earl Bothwell. " When we say a man is young, we mean, according to " Locke, that his age is yet a small part of that, which " men, usually, attain to." The pranks which he played, a twelvemonth after, with the French princes, in the dis- orderly houses of Edinburgh, to the scandal of the Puritans, imply that, he was yet young. He was about ten years older than Queen Mary, and of the same age, as her bas- tard brother, the Lord James, who was born, in March 1 530- 1 . If Bothwell, then, was born, in 1 53 1 , he was 29, at the epoch of that letter, from Throckmorton, in Novem- ber 1560. The four Commissioners, who were sent over, by Mary, to manage her affairs, in the meantime, were the Laird of Craigmillar, Ogilvie of Findlater, who afterwards acted as the Comptroller of her household, Robert Leslie, and John Lumisden. But, none of those measures took effect ; as VOL. III. C 14 THE LIFE OF [MEM. IV. Memoir of ceived, that such discordant characters, or any three of them, could not act, amicably, to- gether. When the notorious Randolph, Eli- zabeth's agent, who, for some time, had lurked about the petty court of the Duke, at Hamil- ton, gave an account to Secretary Cecil, of Bothwell's arrival, at Edinburgh, he said, he could not foresee, how Bothwell, and Arran, would settle their accounts, with an allusion to the interception of Cockburn, with the crowns of Elizabeth.' they were not approved, by the Duke, Lord James, and the other popular leaders. They arrived, at Edinburgh, before the first week of February lf>60-l, when Secretary Mait- land wormed himself into their confidence; learned from them their objects j obtained a copy of their instructions : and sent them, with the Estate of Scotland, to Mr. Secre- tary Cecil. The whole of those documents are in the Paper Office: No. 11 of the New series of Bundles. Thus early did Secretary Maitland begin to betray his Queen, and country to Elizabeth. * Hardwick's St. Papers. The Earl of Arran, the duke's eldest son, had been brought from France, and smuggled, into Scotland, through the impervious borders into Lanark- shire during the preceding year, by Cecil, who supplied him, with money, and, what was of more importance to Arran, with recommendations. A very long letter, from Randolph, and a dispatch, from Secretary Maitland, early in February 1560-1, gave the English Secretary a complete view of Mary's affairs, in Scotland, at that distracted period. [Paper Office.'] Cecil was thus induced to write the memo- J. Earl Bothwell.'] THE SCOTISH QUEEN. 15 While the men of Scotland remained, in a state of uncertainty, as to the course, which the widowed Queen would pursue, Bothwell, and Arran, probably, kept out of one another's way. Bothwell, easily, perceived, that he could not serve the Queen, under existing circum- stances, and that he could not remain, safely, in Scotland : Thus was he induced to retire to France, where he acted, in the Queen's service, till her return, in August 1561, to her native kingdom, which was then governed, by the usurped authority of the duke, and the prior* The Queen, on her arrival, appointed her bastard brother, the Lord James, for her Mi- nister, though he had been the chief usurper. His followers were of course the Officers of State. Yet, when she settled her Privy Council, rial of the 20th of March 1560-1, for Randolph's instruc- tion, which Keith copied into his History, p. 158-9. The historian^ mistakingly, supposed, that Randolph was then dispatched into Scotland : But, Sadler's letters evince, that under various names, Randolph had long lurked, in that distracted nation, as Elizabeth's corrupt agent, and resided, chiefly, at Hamilton, near the duke's court. ' Keith, 388 : The name of Bothwell does not, as we might easily suppose, appear among those nobles, to whom the ruling junto sent letters to appear, at Edinburgh, on the 31st of August, to receive the Queen. Treasurer's Books, 7-8 August 1561. 16 THE LIFE OF [MEM. IV. Memoir of on the 6th of September, Bothwell was appoint- ed a member, though he was not then present/ On the llth of November 1561, measures were adopted, for preserving the quiet of the country : Bothwell was, by the Queen, induced to en- gage not to injure Lord Seaton, and Lord Seaton promised not to injure Earl Bothwell : James, the Commendator of St. Andrews and Pittenweem, and Cockburn of Ormiston, were obliged to engage to keep the peace towards Earl Bothwell, and he was equally obliged to promise not to injure them :' Yet, was the enmity, of the Commendator to the Earl im- placable, though the appearance of reconcile- ment was sometimes affected. The new year opened with some softer scenes. On Sunday, the llth of January 1561-2, the Lord John, another bastard brother of the Queen, the Commendator of Coldingham, mar- ried Jane, the sister of Bothwell, at Crichton- r Privy Council Reg. He was present, however, on the 13th of October. Id. Id. Yet, in March 1562, Bothwell beset Cockburn of Ormiston, his wife and son, while hunting : and having carried the boy towards Crichton-castle, the country people rescued him. This, said Randolph to Cecil, gave great offence to the Queen, and her council : It is but a small mi- tigation of this outrage, that the period, for which Bothwell was to keep the peace, had expired. J. Earl Bothwell.] THE SCOTISH QUEEN. 17 castle, the Queen being present; and much good sport, and many pastimes, there were, said Randolph to Cecil. Yet, such was the turbulence of late times, that the Queen was induced, to use every proper art, to pre- serve the peace : On the 20th of February 1561-2, she obliged Both well, and Arran, to enter into engagements to keep the peace, though Arran acted, with a very ill grace/ Arran indulged his habitual passions, till turbulence ended in insanity. At the end of March 1562, he accused Bothwell of conspiring with himself, and his relation Gawin Hamilton, the Com- mendator of Kilwinning, to carry off the Queen to Dumbarton-castle, and to kill her chief ministers. On this frantick charge, Both- well, and Hamilton, were imprisoned. Exami- nations before the Queen, and her council, immediately took place, at St. Andrews : And the insanity of Arran soon appeared to all dispassionate persons, from his affirming, and disavowing, from his prevarication, and raving." 1 Id. Randolph, on that occasion, wrote to Cecil, " that " there was much ado to agree Arran, and Bothwell j and " that Arran showed a refractory spirit, and obstinately re- " sisted the endeavours of the Queen, and council, to " produce peace." Dispatches in the Paper Office, 28th Feb. to 31st March 1561-2. u Randolph stated to Cecil, " that there appeared little of 18 THE LIFE OF [MEM. IV. Memoir of Yet, did the Queen's minister, who had been created Earl of Mar, and ceased to be Com- mendator, pursue this affair, with great eager- ness, from his enmity to Both well, who was continued in prison, by the guilty influence of Mar, though Bothwell demanded a trial. After remaining six weeks a prisoner, in the castle of St. Andrews, Bothwell was removed to the castle of Edinburgh ; whence, he escap- ed, on the 28th of August 1562. Bothwell now retired to the castle of Hermitage, in Liddis- dale, where he remained, till the ruin of Hunt- ley gave him intimations, that he was no longer safe, in Scotland : He now took ship- ping from North Berwick ; but the vessel being driven into Holy Island, he was arrested, by Elizabeth's officers." If it were asked, by what " such an attempt ; that there was not sufficient evidence, " to criminate Bothwell ; and that Arran did not abide, by " his accusation, but rather denied the whole, to the great " misliking of all men, who see his manner of dealing." Dispatches in the Paper Office, from the 9th to the 35th of April, 1562. * Randolph wrote to Cecil from Edinburgh, on the 22d of January 1562-3 : " As soon as I learned, that the ship, in " which Bothwell had departed, was arrived at Holy Island, " I, by the advice of Murray, and Maitland, wrote the " Queen's officers, at Berwick to have him seized, which " was done : I have intimated this to the Scotish Queen, J. Earl Boihwell.'] THE SCOTISH QUEEN. 19 authority a Peer, and Privy Counsellor of Scot- land, who was driven, by stress of weather into Holy Island, was detained, in the time of peace, and sent prisoner to London ; the an- swer must be, the spleen of Elizabeth, the enmity of Randolph, and the hatred of Mar. In London, was he detained, by those guilty passions, for more than a twelvemonth. At length, Mary, in January 1563-4, at the urgent solicitation of Bothwell's mother, and his other relations, requested her good sister of England, that he might be permitted to go into foreign parts : This request was now complied with ; as his detention could not be justified, by any allowed principle of any law. Meantime, as soon as it was known, that Bothwell had fled, from Hermitage-castle, a herald was sent, to demand the possession of this strong hold, for the Queen's service. It was delivered to the charge of Robert Elliot, as " who desired to have him sent to Scotland." Randolph added, ff that Murray, Argyle, Maitland, and others, in- " trigued with him, to have Bothwell detained, in England, " of which he was a determined enemy." [Dispatches in the Paper Office.'] In the same Office, there is a formal warrant of Queen Elizabeth, dated the 18th of March 1562-3 j re- quiring her officers to bring Bothwell to London. y Randolph's letter to Cecil, of the 20th of December 1562. 20 THE LIFE OF [MEM. IV. Memoir of Deputy Keeper of Liddisdale, for the Queen, at a salary of 100 marks, with possession of the domains. 1 This castle seems to have been the Queen's, whereof Bothwell was only the keeper. But, so restless a man, could not be quiet, in France ; where, he threw out menaces both against Elizabeth, and Mary, and their several ministers : At length, he requested either li- berty to return home, or to have means to live abroad.' Bothwell returned to Scotland, in March 1564-5. He, naturally, visited his mo- ther ; he appeared in various places : But, he could find safety nowhere. He was watched, by the English Wardens, on the borders ; and he was eagerly pursued, by Murray, whom he * Privy Council Reg. of date the 18th of June 1563. William Douglas of Cavers became security, that Elliot would act, honestly, and redeliver the Castle, when so re- quired. a Randolph wrote to Cecil on the 4th of March 1564-5 : " They (the Scots ministers of State) think him worthy of " no favour that conspired to kill the Queen, and those in " credit about her." This intimation plainly alluded to the groundless accusation of the frantick Arran. Randolph again wrote to Cecil, on the 15th of March : " The Queen [Mary] " misliketh Bothwell's coming home ; and hath summoned " him to undergo the law, or be proclaimed a rebel : He is " charged to have spoken dishonourably of the Queen, and " threatened to kill Murray, and Maitland : David Pi ingle, " one of Bothwell's servants, will verify it." Keith, 279. J. Earl Bothwell. ] THE SCOTISH QUEEN. 21 had grievously offended, by opprobrious words, which he was said to have spoken, in France. b Bothwell still remained, in Hermitage-castle, at the end of March 1565, where he had a great following of Liddisdale men. But, by the Queen's direction, he was obliged to engage, that he would appear before the Justice-court, on the 4th of May, then next. Argyle, the Justiciary, and Murray, the Minister, came b Bedford's MS. correspondence with Cecil, in the Paper Office. On the 23d of March 1564-5, Bedford, the Go- vernor of Berwick, asked Cecil, to tell him the Queen's pleasure, touching Bothwell, if he should come within his charge ; for except, he were otherwise commanded, he meant to stay him, being so required to do by the Court of Scotland. [Id.] Bedford even supposed Bothwell to be comforted, by the Scotish Queen, as he informed Cecil, [/d.] And, yet, on the 30th of the same month of March, Ran- dolph wrote to Cecil, that Bothwell hath grievously offended the Queen of Scots, by words spoken against the English Queen, and also against herself ; calling her the Cardinal's hoore , and she hath sworn to me upon her honour, that he shall never receive favour at her hands," [/d-] Cardinal Bea- ton, we may remember, was assassinated, on the 29th of May 1546, when Mary was, scarcely, four years old. In the scandalous Chronicle of the pious Knox, the Queen, as we may recollect, was said to be the Cardinal's child ; and Randolph must have misunderstood the scurrility of Both- well's tongue: We may perceive, however, how gross were the manners of that reformed age, among a coarse people, and unmannered nobles 22 THE LIFE OF [MEM. IV. Memoir of into Edinburgh, about the 1st of May 1565, at the head of five thousand men, to hold the Justice-court, where Bothwell was to be tried, for his misdemeanors. Bothwell, however, declined to meet such foes, and such a force." As he now saw, that he had few friends, many enemies, with two governments, to pursue him, Bothwell embarked at North Berwick, for foreign parts, at the end of April 1565 . d As Bedford, and Randolph, had thus obtained their several ends, by the expulsion of Both- well, their pens, for some months, do not 'Randolph's correspondence with Cecil, in the Paper Office. According to Randolph's representation, there would have been a larger army, in Edinburgh, on that law- day, if the Queen had not objected to the bringing of so many undisciplined men into her presence, and Bothwell's forfeiture, would have been greater, if the Queen had not interposed. [Id.] Argyle, and Murray, had an interest, in pursuing Bothwell, to a complete forfeiture ; as they would have divided his estates, and offices, between them : But, the Queen had no such interest, and felt no such enmity, whatever she may have sworn upon her honour to Randolph: Argyle had married the bastard sister of Murray ; and she received from Mary a pension, as her bastard sister, as we learn from the Treasurer's books. It was plainly the object of Murray, to ruin every noble, who obstructed his views, as he had ruined Huntley, and Sutherland. d Randolph's correspondence \vith Cecil, in the Paper Office. J. Earl Bothwell.] THE SCOTISH QUEEN. 23 mention the man, whom they hated, and ma- ligned. 6 A new scene of trouble was now ready to open. The Queen, according to her duty, had resolved to marry. Her purpose was opposed by the Duke of Chattelherault, her presumptive heir, and by Murray, her bastard brother, who had long had his head, and hand, and heart, upon her sceptre ; and by all, who were con- nected with them, in interest, or in faction. They carried their opposition, under the en- couragement of Elizabeth, the full length of rebellion. And yet, the Queen married her cousin, Darnley, to whom there could be no political objection, on the 29th of July 1565. The Queen now found it necessary, as her mo- ther had equally done, to conciliate many friends, for her support against Elizabeth, and Cecil, Chattelherault, and Murray, while Mor- ton, and Maitland, remained, in her councils, e Randolph, indeed, wrote to Cecil, on the 4th of July 1565 ; " It is said, that the Earl of Bothwell, and Lord Seton, are sent for, which hath the appearance of truth ; ^as they are fit men, to serve, in this world : It is wished, if they do arrive, in England, that they may be put in good surety, fora time." Keith, 295. But, Murray had now left the court j and was preparing, for rebellion, under Eliza- beth's incitements, against Mary's marriage. ' Birrel's Diary 24 THE LIFE OF [MEM. IV. Memoir of to betray her.* The popularity, which attended the Queen's marriage, seems to have crushed the rebellion, and to have expelled the rebellious chiefs. h If we might credit a corrupt agent, we ought to believe, that jars soon arose, be- tween the Queen, and Darnley. 1 Bothwell, in s On the 5th of August 1565, the Earls of Bothwell, and Sutherland, were allowed to return home. Keith, 310: On the 5th, a remission was granted to Bothwell, " for his breaking ward out of the Castle of Edinburgh, without li- cence." \JPrwy Seal Reg.~] On the 6th of August, the Earl Murray was denounced a rebel, and driven into England. h Randolph wrote to Cecil, on the 8th of October 1565 : This day, the Queen hath marched to Dumfries : Huntley, and Bothwell, are the new counsellors. [Keith, App. 165.] On the 10th of the same month, Bothwell was present in Council, at Castle-hill, on the road to Dumfries : And, he was one of the leaders of the army, under Darnley, the King; the Queen being present. [16.115.] ' On the I Oth of the same October, Randolph wrote to Cecil, that, " Jars have already risen, between the Queen and Darnley j she to have her will one way ; and he ano- ther : He to have his father, for Lieutenant General; and she to have Bothwell" [MS. Correspondence in the Paper Office.] The fact is, that they were both Lieutenant Ge- nerals j Lennox, in the West ; and Bothwell, in the South, where his estates, and interests, lay. On the 22d of the same month, at Edinburgh, the King, and Queen, issued a charge to the Wardens of the Marches, to pre- vent the emissaries of the rebels, who had fled into Eng- land, from disturbing the borders : And, they commanded J. Earl Bothwell.] THE SCOTISH QUEEN. 25 proportion to his natural power, from his pos- sessions, and offices, which he held, from de- scent, hereditarily, and to his recent services, when so many of the nobles were in a state of revolt, acquired some credit with the Queen, and Darnley. He attended the publick councils, wherein were so many counsellors, to betray them ; and he was employed, as a Commis- sioner, on the Borders, to settle never-ending- disputes, among rugged men, being Lieutenant of the Marches, with England. As early as October 1565, Randolph wrote to Cecil, in his usual style, of insidious sarcasm, " My Lord Bothwell, for his great virtue, doth now all, next to the Earl of Athole." The English agent ought to have excepted, also the Earl of Mor- ton, and Secretary Maitland, who virtuously, remained, as he had lately said to Cecil, with the Queen, watching every occasion, to betray her into the rebels' fangs, and Elizabeth's prison j the Earl of Bothwell, Lieutenant General of all the Marches, to see their orders fulfilled. [Keith's App. 116.] Bothwell then lay, with a force, on the West Borders. Meantime, the English Wardens seem to have gained the Liddisdale men. [16. 165, Correspondence in the Paper Office.] j On the 29th of January 1565-6, Randolph wrote to Cecil : " The Scotish Queen hath appointed the Earl of Bothwell, and the Laird of Cessford (the Warden of the 26 THE LIFE OF [MEM. IV. Memoir of The reprobated Bothwell, meantime, sought some solace, from softer scenes : At the pru- dent age of thirty five, he married the Lady Jane Gordon, the excellent sister of the Earl of Huntley, and the fourth cousin of Bothwell himself, in the chapel of Holyrood-house, on the 22d of February 1565-6 ; but, refusing, as we are told, the Queen's request, to be married, in the Romnn Catholick manner, though the lady was of that persuasion. The King, and Queen, made the banquet, the first day ; and the feast- ing continued five days, with justing, and tour- Middle Marches) to meet the Earl of Bedford, and Sir John Forster, to settle the matters in debate, between the two realms : I told the Scotish Queen, that Bothwell was a per- son hated by the English Queen; and known not to incline to peace ; so that if bad consequences followed, she had her- self only to blame : She answered, that she could also make exceptions against Bedford j and so would not name ano- ther person, in the place of Bothwell." [Keith's App. 166.] Bothwell, and Ker, could not be more corrupt, and insi- dious, than Bedford, and Forster ; as their correspondence with Cecil evinces } and their actions on the Borders demon- strate. On the 8th of February following, Bedford wrote to Cecil that; " he despairs of Justice on the Borders, while Bothwell is Warden, [Lieutenant] who neither fears God, nor loves justice." On the 6th of April 1565, Bedford had already written to Cecil : " I assure you, Bothwell is as naughty a man, as liveth, and much given to the most detest- able vices." [Correspondence in the Paper Office.] J. Earl Bothwell."] THE SCOTISH QUEEN. 27 naments, at which were made six knights of of Fife. k This marriage, though the nuptial benediction had been given, by the lady's uncle, Gordon, the bishop of Galloway, who had re- nounced the ancient faith, was neither fruitful, nor fortunate. We are now arrived at the epoch of one of the most extraordinary deeds, which is not outdone in atrocity, by any event, in the his- tory of man, during the corruptest ages. It was the assassination of Rizzio, the Queen's private Secretary, in her own presence, on the 9th of March 1565-6. As this atrocious deed was perpetrated by a conspiracy of her own ministers, in concert with Elizabeth, the Scot- ish Queen was completely surprised. The Lord Chancellor, Morton, with an armed force, attacked the Queen's palace, at Edinburgh, she being then within it, and far advanced, in a pregnant state ; her husband, with the crown matrimonial, on his head, conducted the assas- sins, by private passages, into the Queen's clo- set, who was sitting at supper, with her sister, the Countess of Argyle. Huntley, Bothwell, Sutherland, and others, attempted, resolutely, k Pitscottie, 217. The marriage contract, which was dated on the 9th of February 1565-6, is recorded in the Privy Seal Reg. xxx. fol. 8. 28 THE LIFE OF [MEM. IV. Memoir of to resist Morton ; but, they were overpowered, and obliged to save themselves by flight. The Secretary of State, the able, but insidious Maitland, entertained below, the Earl of Athole ; forgetting to reveal to the Queen what he knew of that odious deed. This great conspiracy had for its treasonous objects the prorogation of Parliament, which would have attainted the late rebels, and prevented the pardon of Murray, with his traitorous friends, who were then har- boured, by Elizabeth, the Queen's virtuous cou- sin of England : And it completely answered both those ends, though by the commission of such mighty crimes, it appeared, that there were other naughty men, in Scotland, besides the naughty Both well. The Queen, by great efforts of address, and resolution, persuaded her guilty hnsband, to flee with her, from so terrible a scene, to Dunbar-castle, where she was safe, from Morton's violence, Maitland's perfidy, and Ruthven's venom. Athole and Fleming, Livingston, and others, who were then present in Holyrood-house, unconscious of the approach of such a storm, hardly es- caped, from the spears of the conspirators. Huntley, and Bothwell, who assisted the Queen's escape, accompanied her to the same fortlet ; where she was joined, by so many con- siderable men, with their forces, that she mar- /. Earl Bothwell.'] THE SCOTISH QUEEN. 29 ched back to Edinburgh, on the 18th of March, in triumphant array. The friends of the con- spirators now fled, in their turn, from that tur- bulent city, which, under the Provost's influence, had aided the conspirators. 1 Morton, Ruthven, and other traitors, found their safest shelter under Elizabeth's wings. Bothwell,on that emer- gency, had acted so faithfully, when the officers of State had acted so knavishly, that Preston, the Provost of Edinburgh, and Keeper of Dun- bar-castle, was deprived : And Bothwell, who had merited reward, was on the 24th of March 1565-6, appointed Governor, in his room. As Dunbar-castle lay contiguous to his estates, and those of his friends, with the lands appropriated for its support ; m these grants were of great im- portance to Bothwell. 1 Simon Preston, the Laird of Craigmillar, who had mar- ried the daughter of Monteith of Kers, and the sister of the Secretary's wife. [Haynes, 359.] The Provost acted under the Secretary's influence, who was the contriver of the con- spiracy. m Privy Seal Reg. xxxv. fol. 4. This charge, and lands, had been held, by Bothwell's brother-in-law, the Lord John, who died at the end of 1563 : the trust of keeping this castle was thereupon given to Simon Preston, the faithless brother of the Secretary, who held it, at the epoch of Mur- ray's rebellion ; when he represented the insufficient equip- ment of that important strong hold. [Privy Council Reg. 24th of August 1565.] VOL. III. D SO THE LIFE OF [MEM. IV. Memoir of Considering the advanced condition of Mary's pregnancy, she followed the advice, which was insidiously given her, of retiring into Edin- burgh-castle, as the safest place, for a pregnant Queen, during such a state of treacherous so- ciety. And, wishing for a few moments of quiet, after such a shock, she endeavoured to promote general amity." She again took Darn- ley to her bosom, who avowed his penitence. She sent for Argyle, and Murray, whom she tried to reconcile to Huntley, and Bothwell. Her two brothers, Argyle, and Murray, soon acquired their wonted sway over her spirit, and with it the governance of the castle. Hunt- ley, and Bothwell, applied for permission to lodge, in the castle; but were positively re- fused : p And Bothwell was soon after sent to the " The above advice had proceeded from the joint artifices of Cecil, and Murray, who supposed, that it was more than probable, that Mary would never rise from her child-bed j considering recent events. Argyle married Mary's bastard sister, and Murray was her bastard brother. * There remains, in the Paper Office, a long letter from Kandolph to Cecil, of the 7th of June 1566, only a dozen days before the accouchement of Mary, which contains many curious particulars : Argyle still solicited for the Earl of Morton, and his friends, without success : Lethington was ordered to ward himself, in Caithness : The Clerk Register /. Earl Bothwell.] THE SCOTISH QUEEN. 81 Borders, as Lieutenant, to preserve order, and to watch the motions of Morton. Had any ac- cident happened to Mary, during her accouche- ment, as had been looked for, with willing eyes, Murray, in the absence of the legal heir, would have retained the castle, and with it the sove- reignty of the kingdom : With a view to such an event, Huntley, and Bothwell, were kept out of the castle, as lodgers. Yet, was it about that time, or rather earlier, that Robertson assures us, a new favourite grew into great credit with the Queen, and was charged to remain beyond the Tay : The fate of others of Murray's friends was postponed, " till it be known what shall become of the Queen, in the time of her travel /' and Randolph remained, by order, at Berwick, till that event took place. The Queen made her will. The Queen's hus- band is recovered ; and these two are reconciled : The Earls of Argle, and Murray, lodge in the Castle, and keep house together. The Earls of Huntley, and Bothwell, wished, also, to have lodged there : but were refused. The Bishop of Ross hath now the chief management of affairs : The parson of Fleisk (Sir J. Balfour) is not so far in credit, as he hath been. At such a moment, the foregoing particulars are very curious, and important. Randolph added : " The Earl of Bothwell hath the whole inheritance of Dunbar, given unto him j but, the castle is reserved to the Queen." Yet, we have just seen, from the Privy Seal Record, that he was only made keeper of the castle, with the use of the castle lands : We may thus see how calumny was then propagated. 32 THE LIFE OF [MEM. IV. Memoir of soon gained an ascendant over her heart, which encouraged his enterprising genius, to form de- signs, which proved fatal to himself, and the occasion of all Mary's subsequent misfortunes : This was James Earl of Bothwell, continues the historian, whom her gratitude loaded with marks of her bounty ; she raised him to offices of profit, and of trust, and transacted no mat- ter of importance, without his advice. q Thus ignorant was Robertson of the historical cir- cumstances of that period, and even of the various influences of Murray, and of Bothwell, who enjoyed those offices, hereditarily. Whatever forebodings there may have been of Mary's miscarriage, or other misfortune, she was safely delivered of a son, on the 19th of June 1566. The month of her confinement 1 Hist. Scot. i. 382 : For that absurd narrative, he quotes those interpolated books, MelvilTs Mem. 133 ; and Knox, 396. While the historian makes Bothwell gain an ascen- dency over the heart of Mary, Bothwell had been married to Lady Jane Gordon only two months before, that is, on the 22d of February 1 665-6 > and the Queen was now pregnant of a child six or seven months old. We have seen above, from Randolph's information to Cecil, that Murray had, at that time, the chief influence over the Queen, with the pos- session of the castle of Edinburgh, of which his uncle, the Earl of Mar, was then Governor ; and that Bothwell was even sent out of the way to the Borders, where he was lieutenant. J. Earl BothwelL] THE SCOTISH QUEEN. 33 expired, on the 19th of the subsequent July : and, it was imagined, perhaps by her physician, that a change of air would contribute greatly to re-establish her usual strength. As she could not ride, and had no wheel carriage, she went to Alloa-house, in a ship, along the Forth, accompanied, by Murray, by Mar, the lord of the mansion, by Bothwell, the Lord High Ad- miral, and by other courtiers ; Darnley follow- ing, by land/ It was here, that she received into her presence, her Secretary Maitland, who was only another name, for talents, and trea- r Keith,, 345. On the 29th of July 1566, there is, in the Treasurer's Accounts, a charge of ten shillings paid a boy, for carrying close writings to the Queen, at Alloa. This shows, that she went earlier to Alloa, than Keith, and others, supposed. Buchanan, in his usual strain of deliberate fal- sification, says, the Queen went thither, with pirates, that is, with the Lord Admiral and his men : And, she rejected Darnley : But, we have seen, in Randolph's dispatch, to Cecil, that the Queen and Darnley, were reconciled, in the castle. The fact is, which ought never to be lost sight of, that Darnley, after the shocking scrape into which he had been led, by Murray, Morton, Maitland, and others, could not look into their treacherous faces ; and of course he could not go into a ship, with them, nor remain in a house, with them : He had not learned, to smile, and smile, and be a vil- lain. These intimations explain much of poor Darnley's conduct, who was still very youug, and still very inex- perienced : And, the Queen could not, easily, govern, with- out the aid of those odious men. 34 THE LIFE OF [MEM. IV. Memoir of chery : And, he was the first of Rizzio's assas- sins, whom she forgave, at the instance of Athole, and Murray, though much against the opposition of Bothwell, and the inclination of Darnley.* The Queen did not remain long at the hos- pitable seat of Alloa : The King departed, for Tweedale, to hunt, accompanied, by Huntley, Bothwell, Murray, and other courtiers. But, Darnley could not forget the share, which he had, in the assassination of Rizzio ; and the publick contempt, constantly, remembered him of his shame ; while the chief conspirators felt no compunction. From the amusements of Tweedale they all soon returned to publick busi- ness, at Edinburgh. As early, if not earlier, than the beginning of August, the Queen, and her government, had determined, on holding Justice-ayres upon the On the 2d of August 1566, Bedford wrote, from Ber- wick, to Cecil : Lethipgton, (Maitland's) peace is made with his sovereign : The Lords Maxwell, and Bothwell, are now enemies : Bothwell is, generally, hated ; and is more insolent than even Rizzio was. We thus see the prejudice of Bedford. On the 9th of August Bedford again wrote to Cecil, " that Bothwell is still in favour, and has a great " hand in the management of affairs." Keith App. 169. But, we have seen above, that Athole, and Murray, had much more influence, than Bothwell. What prejudice ! J. Earl Bothwell.] THE SCOTISH QUEEN. 35 English Borders, at Jedburgh :* But, other avocations had prevented her, from going at that period, when the harvest approached. Such were the considerations, which prevented that juridical excursion, till the first week of October, 1566. Meantime, the wayward conduct of Darnley, not only gave great vexation to the Queen, but still more offended the nobles. He even adopted the absurd purpose of emigration, without knowing whither to emigrate. And, coming to Edinburgh, at Michaelmass 1566, he was not easily persuaded, by the Queen, to enter the palace ; because the leading characters of the state were then within it. Murray, with the suggestions of Maitland, came to the resolution of taking off the object of their hatred. Mur- ray, who knew perfectly the best mode of drawing men into his views, on that occasion, * On the 3d of August, indeed, Bedford gave notice to Cecil, from Berwick, that Queen Mary meaneth, shortly, to go against Cessford, &c. and keep a Justice-court, at Jed- burgh : Bothwell [the Lieutenant] shall come in, with forces. [Keith's App. 169.] 11 On the 17th of September 1566, Bothwell was present in Council at Edinburgh. [16.351.] He was there, also, present, in the Convention of Nobles, which gave a supply of 12,OOOZ. money of Scotland, for defraying the expense of the prince's baptism [16. 359-] 36 THE LIFE OF [MEM. IV. Memoir of gained over Bothwell, who had his offences to avenge, into Murray's concert against the life of Darnley, who little knew his danger, when he was treading on a precipice." The conspi- rators never lost sight of their murderous ob- ject, till its final accomplishment. The best commentary on this odious plot is the events, as they were produced, by the able manage- ment of great talents, when directed to the fulfilment of their designs. Bothwell, who was now destined to act in concert with Murray, after all their enmities, taking his departure, for Liddisdale, on the 7th of October 1566, was wounded on the subsequent day, in a scuffle, with Elliot of Park. y The Queen, and her court, set out, on x Goodall, ii. 321. y The following dates are quite sufficient to show the falsehood of Buchanan, when he relates the wounding of Bothwell, and the Queen's flight from Borthwick to Her- mitage, to visit him : On the 6th of October 1566, Both- well was present, in Council, at Edinburgh. [Privy Council Reg.} On the next day, he went to the Borders. On the 8th of October, he was wounded, said Birrel, by John Elliot, alias John of the Park, whose head was sent into Edinburgh, thereafter. On the 16th of October, eight days after the Queen had arrived, at Jedburgh, she went to Hermitage- castle, distant twenty statute miles, and returned the same evening. [Privy Seal Reg. xxxv. 77.] On the 17th of October 1566, the Queen uas taken ill; and remained in J. Earl Bothwell.'] THE SCOTISH QUEEN. 37 the 8th of October, for Jedburgh. All but Darnley went on that necessary excursion to the south ; but, he went to Glasgow, on a visit to his father. Both well, as the Queen's lieu- tenant, had been sent forward to make prepa- rations for the ensuing Ayres. But, the unruly clans of Liddisdale had been gained, by For- ster, the English Warden : The Lieutenant of Mary was defied ; and being fiercely attacked, was, severely, wounded in the hand. The Queen, who, meantime, arrived at Jedburgh, and was occupied in superintending the Jus- tice-court ; when hearing of that outrage, rode to Hermitage-castle, on the the 16th of Octo- ber : to know the truth of what she heard, both of that attack, and those threats on Bothwell's life : And, returning the same evening, she was great danger, during several days. On the 24th of October, Bothwell removed, from Hermitage-castle, to Jedburgh. There were several intimations, throughout the previous months, of a purpose to assassinate Bothwell. It was stated, in a letter, from Alnwick, on the 3d of April, 1566, that one of Bothwell's servants confessed the purpose of himself, and four more of Bothwell's servants, to murder their master j and that Secretary Maitland had engaged them in that fell design : The other servants being examined, also, confessed the same purpose. [Keith's App. 167-] Of all these ma- chinations the Queen, no doubt, had intimations, and wished to know the truth. 38 THE LIFE OF [MEM. IV. Memoir of taken ill, on the subsequent day, with a fever, which endangered her life : Yet ; was she all unconscious, that Bothwell was now gained, by Murray, to his conspiracy, which was de- stined to involve her in ruin. The Queen's youth, and constitution saved her, while her physician, Nawe, was praised, for his skill, and his assiduity. The Queen, and her court, and her judges, remained, at Jedburgh from the 9th of October, to the 8th of November. They remained, per- forming the same duties, at Kelso, during the 9th, and 10th of the same month ; they de- parted, on the llth of November, on a tour along the Tweed, attended by Bothwell, 1 the High Sheriff of the Southern Shires : After seeing Werk-castle, and Berwick-upon-Tweed, the Queen, and her court, did not arrive at Dum- bar-castle, of which Bothwell was keeper, till the 17th of the same month : Here, the Queen, and her ministers, remained till the 23d of November, when they removed to Craigmillar- castle ; all but Secretary Maitland, who went 1 On the 27th of October 1566, the Bishop of Ross wrote from Jedburgh to the Queen's Ambassador, at Paris : " My " Lord Bothwell is here, who convalesces well of his " wounds." [Keith's App. 136.] He, probably, arrived at Jedburgh, on the 24th of October, as he was, certainly, present, in Council, on the subsequent day. [Keith, 352.] J. Earl Bothwell.] THE SCOTISH QUEEN. 39 to Whittingham, which will be remembered, as the scene of guilty intrigues. It was, in Craigmillar-castle, early in De- cember 1566, before the baptism of the Queen's son, that Maitland, and Murray, proposed to the Queen a divorce, from her husband : It was, on that occasion, that Bothwell seconded that proposal ; and thereby showed, that he was now acting, with Murray, and Maitland, as a conspiratoragainst Darnley, and the Queen, dazzled, no doubt, by their plausible plot, how easy it would be to obtain, with their guilty assistance, the Queen's marriage, with her au- thority, in the state. It is, from this period, then, when this conspiracy was detailed, and matured, that we must trace the life of Both- well, as a conspirator ; acting with Maitland, and Murray, and Morton, with a constant view to those abominable objects.' It may be proper, to state, for the information of those, who may not be completely acquainted with this interesting subject : (1) The Protestation of Huntley, and Argyle, gives a clear, and full detail of that conspiracy. [Goodall, ii. 3 17-] Doctor Robertson tries, in vain, to enfeeble the force, and the inferences of that detail. But, Cecil considered the Protestation of Huntley, and Argyle, as a genuine document. And the laxity of Murray's answer, only, establishes the truth of the facts. (2) The same detail was given, and the same inferences drawn, by the instructions, from the mime- 40 THE LIFE OF [MEM. IV. Memoir of Soon after the Queen's rejection of the pro- posed divorce, and the formation of the con- spiracy, she departed, from that guilty castle, for Stirling, in order to make preparations for her son's baptism, on the 15th of December 1566. She was too much occupied with other thoughts, to trouble herself, according to Bu- chanan's falsehood, to prevent Darnley from having clothes, or to contribute finery to Both- rous convention of earls, lords, bishops, and abbots, which was held, at Dunbarton, in September 1568. [16. 359.] (3) Archibald Douglas was sent, by the conspirators, to in- form Morton, who then lay at Newcastle, of the conspiracy, and to ask his assent, and aid. (4) The interposition of Bothwell, at Craigmillar, when the Queen refused Mait- land's proposal of a divorce ; by saying that he had suc- ceeded to his father, though his mother had been divorced from him ; evinces his guilty concernment, in that conspi- racy. (5) Bothwell, also, interposed his influence, what- ever it were, to induce the Queen, to pardon Morton, at Christmas 1566. (6) The journey of Maitland, and Both- well, to meet Morton, at Whittingham, to obtain his decided concurrence with the conspirators, is a clear proof of the conspiracy. (7) The conviction, and confession, of Morton, and Maitland, of their knowledge of the objects of the con- spiracy, and the death of Darnley, are the records of their guilt. (Lastly.) It is impossible to deny, or doubt, those facts, and circumstances, which evince the existence of such a conspiracy, with such objects ; and that Bothwell did not act, by himself, but in concert, for Murray's interest, more than his own. J. Earl Bothwell.'] THE SCOTISH QUEEN. 41 well. If Bothwell went to the baptism, his mind was too much occupied, with the pardon of Morton, and the murder of Darnley, to think o^Jinery, which, with such a man, on such an occasion, was not an object. It is not true, as Robertson suggests, that Bothwell obtained, by his influence, from the Queen's disinclination, the pardon of Morton : For, it required the concurrence of Elizabeth, Cecil, Bedford; Mur- ray, Athol, Bothwell, Maitland, and of others, to obtain the remission of Morton, and his friends ; as we know from Bedford's dispatch to Cecil. The pardon of Morton had the effect, probably, of inducing Darnley, in his state of mind, to seek repose with his father, at Glasgow, where he was, immediately, taken with the small-pox, which there prevailed. Mary tried to refresh her exhausted spirits, by visiting the nobles, around Stirling. Murray carried Bed- ford to St. Andrews, where he feasted him, for some days, in rejoicing for Morton's re-esta- blishment, in Scotland. 11 Bothwell, and Mait- h Morton was still, in England, on the 10th of January 1566-7 j whence, he wrote a letter of warm thanks to Cecil, for his protection ; and offered his best services, in Scot- land, to the English Secretary. Morton soon after went to Whittingham. Thirteen days after, on the 23d, Drury wrote to Cecil, from Berwick, " that the Earl of Morton, 43 THE LIFE OF [MKM. VI. Memoir of land, employed themselves, in intriguing with Morton, and perhaps in gaining others to their views, and objects. The meeting of Bothwell, and Maitland, with Morton, at Whittingham, about the 20th of January 1566-7, is decisive proof of a conspiracy, to murder Darnley: Their subsequent convictions, for the fact, is the record of their guilt. This concert, at Whittingham, proves, also, another point of great importance, that Bothwell had not any of the Queen's writings, expressive of her assent, either to Darnley's death, or of her attachment to Bothwell. We may perceive, at once, the depth of Mor- ton's mind, and the shallowness of Bothwell's, in the ardour, with which Morton desired, to see some writing of the Queen, expressive of her de- sire, to have Darnley taken off, which Bothwell asserted : But, when we perceive, even within a few days of Darnley's death, that Bothwell, could not show to Morton any writing, or any word, of the Queen, to that effect, we thereby discern her innocence, and his guilt. Morton " lieth at the laird of Whittingham's, where Lord Bothwell, " and Liddington, (Secretary Maitland) came of late to visit " Morton" We know the guilty object of that visit, from the confession of Morton ; and from Archibald Douglas's letter. [Robertson, ii. 631.] J. Earl Bothwell.'] THE SCOTISH QUEEN. 43 now made answer, according to his own con- fession : " Seeing I had not obtained the " Queen's assent, in writing, as Bothwell had " promised, he would not meddle further with " the plot." 6 Is it not apparent, from such circum- stances, that Bothwell had not any love-letters, sonnets, or promises of marriage, in the Queen's writing? Is it not equally apparent, that Morton was aware, that Bothwell, a few days before the murder, had no such love-letters, sonnets, or promises of marriage, to show him ? And from the same facts, may we not infer, that Morton, when he pretended, in June following, to have intercepted a boxful of love- letters, from the Queen to Bothwell, knew that, his pretence was unfounded, and his oath, to the same effect, was untrue ? During " the anxious moments, which pass, " between the birth of plots, and their fatal " periods," Bothwell was not occupied with the Queen, from whom he had no expectation ; but, he was busy, in animating the hearts, and strengthening the hands, of those dependents, who were to aid him, in his villainous purpose. The Privy Council Register evinces, that he was seldom at court, whatever Buchanan may feign. He was, meantime, in Liddisdale, pre- c The confession, in Ballantyne's Journal, 495-6. 44 THE LIFE OF [MEM. IV. Memoir of paring his people ; he was at Dumbar-castle, putting- in order the gunpowder, which was to effect an essential part of the fell design/ Far otherwise was the Queen occupied. She brought .her son, from Stirling to Edinburgh, on the 13th of January 1566-7. e From her physician, she, no doubt, often heard of the true state of her husband's person, and spirit : And, learn- ing, incidentally, that he had given up his project of leaving Scotland ; that he was sen- sible of her affection ; he avowed, that he was willing to live with her, like a husband ; and they became reconciled to each other : In pur- suance of his wish, she went to Glasgow, to bring him, with her, to Edinburgh. In this spirit, she set out from Edinburgh, on the afternoon of the 24th of January 1566-7, pro- bably, for Glasgow ; f and in the same spirit of reconcilement, she brought Darnley with her to Edinburgh, on the 31st of the same month. 8 d See the confessions in Arnot's Crim. Trials, 333 : An- derson's Col. ii. 177-8. e Birrel's Diary. { The Privy Seal Record ; and the Register of Signatures, both contain documents, which evince, that the Queen still remained, at Edinburgh, on the 24th of January 1566-7 : And two such records are decisive evidence of the fact, whatever Robertson may say to the contrary. She may have left Edinburgh, in the afternoon of that day. * Birrel's Diary. J. Earl Bothwell.] THE SCOTISH QUEEN. 45 He was now placed in the house of Kirk-a-field, in the southern suburbs of Edinburgh, for the benefit of air, at a distance from the prince, his son. The frequent visits, which Mary made to Darnley, in this residence, during his conva- lescence, are the best proofs of her reconcile- ment, and of her kindness. And yet, Morton, and Murray, produced, in evidence, a boxful of letters, which, as they said, had been then writ- ten, from Glasgow, by the queen to Bothwell, and which contradict those facts, and contra- vene those records. The conspirators, with the advice of Mait- land, and the agency of Bothwell, their cat's- paw, began to make preparations, for effecting their nefarious plot, from the moment, that the house was known, wherein Darnley was to lodge : Nor, were the conspirators, and Bothwell, at any loss to know the facts, from Secretary Maitland, the ablest, and the most artful, of all the plotters. It was, from him, that the queen's movements were known ; and indeed, the whole conspirators were Privy Counsellors, who were perfectly acquainted with every event, foreign, and domestick. The whole preparations being now made, with the advice of Maitland, Bothwell, the instru- ment according to the detail of the plot ; which required his activity, and forwardness, on the VOL. III. E 46 THE LIFE OF [MEM. IV. Memoir of 10th of February, about two, in the morning, with his associate com plotters, and his servants, effected their odious design, by strangling the king, and his servant, Taylor, who slept, in his apartment ; and, by carrying their bodies into the adjacent garden ; when they fired the gun- powder, which blew up the infirmary, where they reposed. Whether Elizabeth, and Cecil, knew the mur- derous part of the plot is uncertain : Yet, is it obvious, that Maitland was the contriver of it ; that Murray approved of it, though he showed his consciousness, by his going out of the way, at the catastrophe ; and that Morton, what- ever he might, at first, pretend, was present, at the deed, by Archibald Douglas, his agent, and was the most vigorous of all the actors, in bringing the conspiracy to its appropriate end ; whereof Both well was, " such an Herculean actor in the scene." h It was soon whispered, by those, who knew the secret, that Bothwell was the chief mur- derer of Darnley, though some persons were b See the examinations of Powrie, Dalgleish, Hay, Hep- burn, who were all executed as murderers, for the part, that was acted by Bothwell. [See Anderson's Col. ii. 165-171, 173-177-183 > and Arnofs CYtro. Trials, 383, for Onniston's confession.] J.EarlBothwett.] THE SCOTISH QUEEN. 47 joined with him, in that charge, who were in- noxious ; for the purpose of delusion.' Both- well was ere long charged, by publick advertise- ment ; and, more privately, by Lennox, Darn- ley's father ; with being the chief assassin of the king ;J and it was even hinted, by secret emissaries, that the queen was not altogether unacquainted with the odious purpose of her husband's death ; in order, that she might be first disgraced, by calumny, and, finally, de- throned ; as one of the principal ends of the whole conspiracy. Yet, was there no distur- bance ; as the leading men were all engaged, in the plot. " Lennox desired the queen," said Kyllygrew to Cecil/ " that such persons, as ! Keith, 368-9-S70- 1-2-3-4. J On the 12th of February, two days after the murder, a proclamation was issued, from the Privy Council, offering a reward of 2 ,QOOJ. to any one, that would discover the murderer. [16. 368.] On the 16th of February, a placard was affixed to the Tolbooth door ; accusing Bothwell, Sir James Balfour, David Chalmer, and John Spens, with being the murderers. im k Sir Henry Kyllygrew, who had been sent, by Elizabeth, at the end of February, to condole with Mary, on the death of Darnley, wrote Cecil on the 8th of March : ' ' That he had had no audience before this day, after dinner, with my Lord of Murray, who was accompanied [at dinner] with my Lord Chancellor [Huntley], the Earl of Argyle, my Lord Bothwell, and the Laird of Lidington [Secretary Maitland] ." 48 THE LIFE OF [MEM. IV. Memoir of were named, in the placard should be taken : Answer was made to him, that if he, or any will stand to the accusation of any of them, it shall be done ; but, not, by virtue of the bill, [placard] or his request." Lennox, however, persevered, in his accusations of Bothwell, till the Privy Council found it necessary, on the 28th of March, to appoint the 12th of April, for his trial, by the Justice-court. 1 Lennox soon discovered, that it was more easy to charge such a crime, on such a person, than to convict him : And after all his zeal of prosecution, he thought himself obliged, to apply to Elizabeth, for her influence, to obtain an adjournment of this long expected trial. Elizabeth, who delighted to embarras the Scotish queen, sent an express messenger to Edinburgh, for the several objects, of gratifying Lennox, and dis- tressing Mary : But, such an interposition of a foreign sovereign, to obstruct a court of jus- tice, could not be admitted." 1 The judges, ac- This important passage shows Bothwell at Murray's table, twenty days after Bothwell had ben charged, publickly, with the murder of Darnley : Nor can there be any doubt, but Murray knew his guilt : as he was himself one of the con- spirators. [Unpublished letter of Kyllygrew in the Paper Office.] 1 Keith, 369-375, has printed the letters of Lennox with the queen. m From that interposition of Elizabeth, and other cir- J. Earl BothwellJ THE SCOTISH QUEEN. 49 cordingly, assembled ; the jury was sworn ; and Bolhwell came into court, with Morton, on one hand, and Maitland, on the other, of the culprit : Nor, could he have had more able co- adjutors, than two statesmen, the ablest, the artfullest, and the most audacious, in Scotland." Lennox, being either gained, or terrified, re- mained at Stirling, but sent two agents, Craw- ford, and Cuningham, to support his feeble ac- cusation, who produced some documents to cumstances, in her conduct, and Cecil's intrigue, it appears, that they were not let into the real secret of the conspira- tors, as they could not avow such a murder. Elizabeth, and Cecil were led, by such ignorant spies, in Scotland, as Grange, to suppose, that Bothwell was protected, and en- couraged, by the queen j while it was her ministers, and nobles, Maitland., and Murray, and Morton, who contrived, and conducted the plan of the conspiracy, for acquitting Bothwell, and marrying him to the queen, with design to ruin both. When Elizabeth, and Cecil, traversed their mea- sures, for those monstrous ends, they only showed, that they were not in the true secret of the statesmen, who were deeper, than themselves : We ought not to be surprised, then, that Mary was betrayed, and deluded, by those mis- creants, to her ruin. n Camden's Hist. Transl. 93-4. Belforest, the author of " Innocence de Marie," concurs with Camden. And the letter, from Drury to Cecil, of the 15th of April 1567j giving him the result of Elizabeth's endeavours, to delay the trial of Bothwell. [See this interesting letter in the AW* No. I. to this Memoir."] 50 THE LIFE OF [MM. IV. Memoir of prove BothwelFs guilt, and desired forty days delay, to give in additional proofs. And there being no proper prosecutor, nor any adequate proof, he was, necessarily, acquitted, by the court, and jury, according to the previous con- cert of the conspirators. Thus, successful was Bothwell, under such protection. But, he was still more successful, under the same influences, at the subsequent Parliament, which met two days after the trial. It ratified all Bothwell's titles ; but not the acquittal of Bothwell, by the Justice Court. The Parlia- ment of April 1567 may be fitly called the healing Parliament ; considering how many confirmations, and ratifications, were passed by it, under a convenient compromise of all parties, and a proper attention to all interests. 1 * Thus supported by Morton, and Maitland, and by Murray's faction, Bothwell went on That ratification is asserted by every one, who wrote privately about it, and who considered it as a fact, universally, known. It was expressly asserted, by the convention, at Dunbarton, of seven earls, twelve lords, eight bishops, and eight abbots, who sat, in that Parliament, and must have known the fact. [Goodall, ii. 361.] The Act of ratification does appear in the Ada Par I. ii. 550. ' See a list of the Acts of this Session, in Keith, 1 78-9- 80 3 and the Parliamentary Record, 752 : Yet, if we might believe common history, it was called, merely, to restore Huntley, and confirm the titles of Bothwell. J. Earl Bothwell.] THE SCOTISH QUEEN. 61 prosperously towards the great object of his guilty career. The Parliament had, scarcely, risen, when a bond was signed, by eight bishops, with the Archbishop of St. Andrews, at their head, by nine earls, by Maitland and Morton, in their front, and by seven lords, on the 20th of April 1567, approving of Bothwell's acquit- tal ; recommending him, as the properest per son, for the queen's husband ; and pledging themselves to defend such a marriage, with their lives, and fortunes. 11 Thus fortified, Both- i See that notorious document, in Keith, 380. Among the earls, was conspicuous Morton, who now possessed the great secret of the conspiracy, under which that abominable business was transacted j and managed the whole, for Mur- ray's interest ; and Argyle, Rothes, and Lord Boyd, who had all leagued, with Murray, in his interested rebellion against the queen's marriage with Darnley. What was this disgraceful measure, but the surrender of the queen's person, into the hands of a ruffian, and a murderer ! Morton, when he was about to lay his guilty neck upon the block, said, that he signed the abovementioned bond, under the influence of a precept, from the queen ; but, if ever such a precept appeared, it was an obvious forgery, for a particular moment: And, Morton, died on the scaffold, with a dozen lies in his falsifying throat. Yet, I do not concur with Mr. Tytler, in thinking, that the abominable bond had any weight with the queen, in persuading her to marry Bothwell : It only emboldened an audacious man, to do that, which induced her to think it necessary to give him her sullied hand. From Melvil (Mem. 80.) we learn, ' ' that in Dunbar-castle, Both- 58 THE LIFE OF [MEM. IV. Memoir of well thought himself double sure of the objects, which had been held up to his ambitious eyes, by his coadjutors in villainy. Four days after the date of that bond of assurance, he marched out at the head of a thousand horsemen ; and seizing the queen's person, at the Foulbrigs, near Edinburgh, on her return from Stirling ; he carried her, forcibly, with her principal at- tendants, to the castle of Dunbar. The queen was thus, plainly, delivered into the hands of a ruffian, by the nobility, and bishops, who signed that bond, and were accessories to his villainy, though some of them meant well.* As well boasted^ he would marry the queen, who would, or who would not ; yea, whether she would herself, or not 5" and then Melvil, who was a prisoner, with the queen, in Dun- bar-castle, adds, " the queen could not but marry him ; seeing he had done that, which obliged her to give her con- sent." This, then, being the fact, the enquiry is reduced to a question of female delicacy. Elizabeth would have chosen his head : Mary, who was less masculine, chose to accept his odious hand. The Bishop of Ross, who was a civilian, and a casuist, says, in his Defence of the Queen's Innocence, " Mary, nothing suspecting the guilt of the Earl, after his acquittal, yielded to that, to the which those crafty, and se- ditious heads, and the very necessity of the time (as it then to her seemed) did, in a manner, enforce her." Now, the necessity, which enforces, must justify : Necessitas quod cogit defendit. ' On the 20th of December 1567, at the Parliament the n J. Earl Bothwell.'] THE SCOTISH QUEEN. 53 those several charges against Bothwell were found, by Parliament, to be true, we are obliged to believe, that the facts charged were real. What- ever glosses may have been put upon them, by ignorance, or the partiality of historians ; as the highest authority thus adjudged Both well to be guilty of those several points of treason, we are equally bound, to regard him, as guilty, and the queen, as innocent ; considering that, she had been coerced, by the power of a ruffian, whom she could not resist. But, Bothwell, after all those traitorous pro- ceedings, against the Queen, had still a wife, whose marriage contract was to be dissolved ; and her connection to be, legally, discharged, held by the Earl of Murray, James Earl of Bothwell, and six assistants, were impeached, and convicted of the follow- ing crimes: 1. for the murder of the king's father ; 2. for ravishing of the queen's person, at the Foulbrigs ; 3 for imprisoning of her person in the castle of Dunbar ; 4. for compelling her to complete a marriage with him j 5. for stuffing, and holding of the said castle. [Sir Lewis Steuart's MS. Co/.] The genuine record of those proceedings has been lately printed, in the Acta Parliamentorum, under the au- thority of the Record Commissioners. A copy of the same record had been sent to Cecil, at the time, and now remains, in the Paper Office : But, a collation with the genuine re- cord evinces, that the copy was vitiated, in disfavour of the Queen, by the very miscreants, who were her own servants, but leagued with Murray Maitland, and Morton. 54 THE LIFE OF [MEM. IV. Memoir of before he could proceed the full length of his ambitious aims.* And, he commenced a pro- cess, in the Archbishop's Consistory Court, for a divorce on the pretence of consangui- nity. 1 And his wife sued her husband be- fore the Consistorial Court of Edinburgh, for a divorce, on a charge of adultery : The sen- tence of divorce, on her suit, was pronounced on the 3d of May 1567 ; and on his suit, the marriage was declared null, on the 7th of May 1567 : Whether the parties to those proceed- ings could marry again ; he to some other woman ; and she, to some other man ; was then doubted by the gravest lawyers : They both did, in fact, marry again. The Queen herself had not completely made up her opinion on the effect of a divorce ; but, she was over- powered, by a necessity, which enforced her acquiescence, though with many a sigh." In this manner, then, did the conspirators, and Bothwell, accomplish their insidious pur- pose, for effecting the Queen's marriage with Bothwell, in pursuance of the plot. Before the divorce, Bothwell granted to his wife, for life, the lands, and town, of Nether Hales, iu Hadington- shire ; which grant was confirmed, by a charter, under the Great Seal, on the 10th of June 1567. [Privy Seal Reg. xxxvi. fol. 115.] 1 They were/ourf/t coutint. u Keith 389-94. J. Earl Bothwell.] THE SCOTISH QUEEN. 55 At the end of a dozen days imprisonment, Bothweil brought the Queen, under the es- cort of his horsemen, to Edinburgh-castle, preparatory to his marriage with her, the con- summation of all his wishes, and the reward of all his crimes ; though he did not reflect, amidst his reveries of enjoyment, that the moment of his marriage with her, was, also, the fulfilment of the compact, with his coad- jutors in crime : On his part, he had murdered Darnley; on their parts, they had obtained his acquittal, for the crime, and had enabled him to marry the Queen : From the moment of this marriage, their amity with Bothwell ceased ; and their enmity began, if it were not already begun.* x It has been already seen, that Elizabeth., and Cecil, were not informed of the whole extent of the conspiracy : They began to perceive, however, from the turn, which the whole affair was taking, by the charge against Bothwell, and the probability of the Queen's marriage with him ; that the whole would end in her ruin : When Elizabeth, and Cecil, attempted to prevent the acquittal of Bothwell, they acted without knowledge of the whole conspiracy: But, when Murray passed through London, about the 14th of April 1567, he, probably hinted enough to Cecil, to show him, that a storm was approacing, which would lay the fortunes of the Queen, and Bothwell, in ruins. In the Paper Office, there is a letter from Bedford, Elizabeth's chief officer at Berwick (then being in the south,) dated the 1 1th of May 56 THE LIFE OF [MEM. IV. Memoir of The Queen now thought herself obliged to make a declaration before the Court of Session., who had ceased to sit, when the judges heard of her imprisonment ; allowing of their conduct ; acknowledging her forgiveness of Bothwell ; and avowing her liberty ; though she felt, that she acted, by a constraint on her will. 7 The banns of marriage were published in a church of Edinburgh, though not without opposition. She created Bothwell, Duke of Orkney. And she was publickly married to him, in the Chapel of Holyrood-house, by Adam, the Bishop of Orkney, on the 15th of May 1567.' The news ] 567 to Cecil : " I understand by your last letters, that her majesty's meaning is, to have me make haste Northward, to comfort those Lords of Scotland, that are joined together to withstand Bothwell's attempt. I mean to be at Berwick as soon as may be." The Queen was only married to Both, well four days after We now perceive, that Cecil, even be- fore the llth of May, was master of what was to happen. But, who informed him ? The answer must be, Murray : and Murray was completely acquainted with the detail of the plot ; and acquainted Cecil with the results ; that Morton, and his associates, would draw their swords against the Queen and Bothwell, the moment after their marriage. Cecil's letters, in the Cabala, correspond, exactly, with the reasoning, from Bedford 's letter to Cecil. T Keith, 385. 1 There are three contracts of marriage, between the Queen and Bothwell, in Goodall's App. ii. 54-61 : The two J. Earl Bothwell"] THE SCOTISH QUEEN. 57 of this marriage, with the supposed murderer of her husband, was speedily spread over Eu- rope ; and was received, with indignation, by all those, who did not know the circum- stances, which compelled the Queen to act ; and who did not advert, that whoever obeys a power that cannot be resisted, acts, innocently, in a moral sense. From henceforward, we must consider Both- well, as no longer supported, by Murray, Morton, Maitland, and the other conspirators. Morton, and his associates, now began to band together, secretly, at first, but, more openly, afterwards, when they drew their swords, on the 10th of June 1567. a The Queen, and Both- first are obvious forgeries. The third is the real contract, in 57-61 : It was witnessed, by the Archbishop of St. Andrew's, two other bishops, by Huntley, the Chancellor, Maitland, the Secretary of State, by the Justice-clerk, and her advo- cate, by the Earls of Crawford, and Rothes, Lord Lindsey, Lord Herries, Lesley the Bishop of Ross, who signed this contract, cries out shame upon the subsequent conduct of the Bishop of Orkney. * There remains, in the Paper Office, a letter from Kirk- aldy of Grange to the Earl of Bedford, whose spy he was, dated the 26th of April 1567 : He desired to know what part Queen Elizabeth will take : There are men enow would revenge the murder, but are afraid of Elizabeth. The Queen did, soon after, take her part against the Scotish Queen, and 58 THE LIFE OF [MEM. IV. Memoir of well, knew so little of the intrigues, which we re carrying on against them, even before the epoch of their marriage, that they were in danger of a surprise, when they fled hastily, to Borth- wick-castle, on the 6th of June 1567 ; leaving Edinburgh-castle in the doubtfull hands of Sir James Balfour. b Morton, and his associates, entered Edinburgh, four days after, with the good will of the Provost, and citizens ; and the insurgent nobles, at once, assumed the govern- ment of the whole nation, as if an abdication had already taken place. The avowed prin- ciple of their insurrection, was, for freeing the Queen, from captivity, for preserving the prince, and for punishing the murderers of her late husband. 6 Morton, who was the chief of the Both well j and, as we have seen, she ordered Bedford, to repair to Berwick ; to comfort the lords, who were leagued together to withstand Both well. Morton, who had urged on Bothwell to his fate, put himself in arms against Bothwell, on the 10th of June. Kirkaldy, we thus see, was quite out of the real secret. b Lesley's Defence, 20 ; Keith, 398. c Keith, 399 ; Anderson's Col. i. 128 : Goodall, i. 366-7 : The proclamations of the insurgents were, undoubtedly, very artful, and threw the Queen into a complete snare. The audacity of impudence, in Morton, by acting thus, would be very wonderful, in any other character, than in such a mis- creant : He was the leading member of the conspiracy : He J. Earl BothwelL] THE SCOTISH QUEEN. 59 insurgents, was also one of the chief murderers of Darnley. Morton was now the very soul of this new insurrection ; having the secret of Murray, with the confidence of Cecil: And, he drew his sword, and went into insurrection, which was wholly founded upon an audacious assump- tion of what did not exist, except in gross pre- tence : The Queen was, no longer, in captivity ; the Prince was safe, within Stirling-castle, in the care of Mar, one of the insurgents ; and Morton himself, Maitland, the Secretary, and James Earl Bothwell, were the three principal assassins/ Morton had already conducted the conspiracy of Craigmillar with complete success it was, who encouraged Bothwell to commit the murder ; he was himself guilty of the same crime ; and was afterwards convicted, and executed for the treason : Morton stood, by Bothwell, in the Justice-court, and obtained his acquittal : And, he was, afterwards, the leader in the bond, for de- fending Bothwell's innocence, and his marriage, with the Queen. The duplicity of this principal villain is the strong- est evidence of the plot, and of the depravity of the con- spiracy. d Morton, and Maitland, were both convicted, and died for this very offence, which they now so much deplored ; and for punishing whereof they now took arms : The Queen afterwards, complained, that no one drew his sword, for her relief, before her marriage with Bothwell ! 60 THE LIFE OF [MEM. IV. Memoir of to the very last object of that nefarious plot, namely, the dethronement of the Queen : And he now took arms, to free her from captivity. Four days, after, those purposes of insurrection were avowed, by proclamation, the Queen left Bothwell, at Carberry-hill, who was desired, to retire, quietly, and no one should follow him ; and on the 15th of June 1567, she joined the insurgents ; taking merely, a verbal engage- ment, that they would receive her, as their Queen, and obey her, as their sovereign, ac- cording to their avowed principles. They im- mediately, violated all their engagements, whe- ther by proclamation, or by verbal agreement : They carried the deluded Queen, as a captive, to Edinburgh ; and in the subsequent night, sent her a prisoner to Lochleven-castle, on such mo- tives, as would not justify the detention of a prostitute, for a night . e As the Queen was now * The warrant, for committing the Queen to prison, and dethroning her, may be seen, in Laing's Appendix. [Keith, 402-3.] Of those events the following is Cecil's delusive account toNorris, the English Ambassador, at Paris : "The best part the nobility hath confederated themselves, to follow, by way of justice, the condemnation of Bothwell, and his complices, for the murder of the King : Bothwell defends himself, by the Queen's maintenance, and the Hamiltons ; so as he hath some party, though it be not great : The 15th of this month, he brought the Queen into the field j with J. Earl Bothwell.'] THE SCOTISH QUEEN. 61 dethroned, here was the denouement of the tra- gical plot of Craigmillar-castle. When the Queen left Bothwell, at Carberry- hill, on assurances, that were never fulfilled, Kirkaldy, the agent, for the insurgents, took him, by the hand, and desired him to withdraw, while he would ensure his safety. Deserted thus by the Queen, on the 1 5th of June, a little month, after their marriage, and opposed, by those, who had engaged to defend his inno- cence, and his marriage, Bothwell retired, from the tented field to Dunbar-castle, " With shame, and sorrow, fill'd : Shame for his folly ; sorrow out of time, For plotting an unprofitable crime." But, according to Cecil's misrepresentation, the insurgents only restrained the Queen, until they came to the end of their pursuit against Bothwell, who had been already acquitted, and secondly declared innocent, by the chiefs of the insurgents themselves : Yet, the conspirators her power, which was so small, as he escaped himself, with- out fighting, and left the Queen, in the field ; and she yield- ing herself to the lords, flatly denied, to grant justice against Both well; so as they have restrained her, in Lochleven, until they may come to the end of their pursuit against Bothwell." Such, then, is the deliberate falsehood of Secre- tary Cecil ! And, the Cabala is the record of his guilt. This story, however, was sufficient to delude the court of France. VOL. III. F 62 THE LIFE OF [MEM. IV. Memoir of having obtained the great prize of the Queen's person, plainly permitted Both well to retire, without pursuit, to Dunbar-castle. f On the 16th of June, the insurgent nobles entered into a bond of association, " for prose- cuting the Earl of Bothwell." And, in this association was included Sir James Balfour, the keeper of Edinburgh-castle, who had been gained, by Secretary Maitland. On the 20th of June, Bothwell is said to have sent his ser- vant, Dalgleish, to the castle, to bring, from Balfour, a boxful of letters, which Morton as- f Camden, the fairest, and best historian of those terrible times, is positive upon the point, that Bothwell was allowed to escape j as his detention was dangerous to the insurgents themselves j and as their real intention was the dethrone- ment of the Queen : They now had her in Lochleven, and had only to say, that she was no longer Queen, and to pro- claim her son, with Murray for his regent. " Scarcely had Murray left England," says Camden, " when those, who had acquitted Bothwell, from the guilt of the murder, and had given him their consent under their hands (by the bond) to the marriage, took arms against him, as if they would appre- hend him ; whereas, indeed, they gave him secret notice, to provide, for himself, by flight } and this, to no other pur- pose, but lest he, being apprehended, should reveal the whole plot j and that they might allege his flight, as an argument to accuse the Queen of the murder of the King." [Life ofEliz. Transl. 94.] The whole State Papers confirm this representation of Camden, who had his accurate in- formation, from the Cottonian Library. J. Earl Bothwell.] THE SCOTISH QUEEN. 63 serted he had intercepted : But, what is impro- bable is not easily believed ! On the 26th of June, Dalgleish was examined, by Morton and other Privy Counsellors, concerning the King's murder ; but, they did not ask him a question, about the interception of the box. On the same 26th of June, there was issued an Act of the Privy Council, " for apprehending Bothwell :" He is now charged, with being the principal actor in the murder ; with ravishing the Queen's person, with enforcing her to marry him : Con- sidering her as an oppressed, and innocent woman, under his bondage and thraldom : And, the insurgents offered a reward of a thousand crowns, for bringing him to Edinburgh ; in order that justice may be done upon him. This proceeding, ten days after the Queen had been imprisoned in Lochleven, is a mockery to her ; while they gave notice to the wrong-doer, to withdraw from a country, that could no longer tolerate him. Ten days after, he did retire, from Dunbar, by water, into Murray-shire, where he was entertained, by his grand-uncle, the bishop, in the same house of Spynie, where he had been bred. He was not long after obliged to seek for shelter, in his Dukedom of Orkney, where he was refused access into the castle, by Gilbert Balfour, his own keeper of it. As he was now pursued, by a small 64 THE LIFE OF [MEM. IV. Memoir of fleet, which had been sent, from Leith, in quest of him, he fled to the coast of Norway, where he was arrested, by the Danish govern- ment. It is quite apparent, that the chief con- spirators, Murray, Morton, aud Maitland, had a stronger interest, in driving Bothwell, from Dunbar, after three weeks respite, than in bringing him, for trial, to Edinburgh ; g as he had their engagements, in writing, to save him harmless ; and might easily have disclosed the detail of the whole conspiracy. Bothwell, after a long respite, was at length driven away from Scotland. He could not now reveal secrets; he could not state the names, and the conduct of all those, who had prompted, and aided him, to make his trea- sonous attack on the Queen's person, and to force her to marry him. He remained many a year, in the prisons of Denmark, while the Da- nish King, understanding the true state of the singular facts, refused to deliver him, either to Elizabeth's desire, or the regent's entreaty. 11 * On the last of September, the castle of Dunbar, which had been held, for Bothwell, hitherto, was surrendered to the Regent Murray, who ordered it to be demolished. Bir- rel, 14. h Elizabeth, on the 29th of March 1 568, wrote to the Danish King a letter, on the same subject ; urging him to cause Bothwell to be delivered to the Scotish government. J. Earl Bothwell.'] THE SCOTTISH QUEEN. 65 Both well , however, some years after, signified his consent to be divorced, from the Queen, who could no longer be of any benefit to him. On the 20th of December 1567, the last day of Murray's Parliament, Bothwell was forfeited, for various points of treason, concerning the Queen's personal arrestment, and enforced marriage, which form the most decisive proofs, of the Queen's innocence, who could not be guilty, while she acted under the constraint, that she could not resist. 1 The regent's go- vernment, consisting, chiefly, of the conspi- rators against the Queen, carried their zeal, for the punishments of Bothwell, and his agents, to a great height, as it freed themselves from suspicion. The regent Murray sent Stewart, the Lion King, to Denmark, not only to announce his elevation, but to solicit the delivery of Bothwell, [See her violent letter, in Hearne's Robert of Gloucester, ii. 671-3.] 1 Birrel, 14. Sir Lewis Stewart's MS. Collections; and the Acta Parl. iii. 5-8. It is at the same time remarkable, that the Privy Council, with Morton, at the head of it, in an Act of the 31st of July, charged Bothwell, with treasonably seizing the Queen's person ; with leading her captive to Dunbar ; with constraining her, being in his bondage, and thraldom, to contract a marriage with him. [Anderson's Coll. i. 142.] These were three of the very treasons, for which the Parliament of December 1567, attainted Bothwell. 66 THE LIFE OF [MEM. IV. Memoir of which was not conceded to those, who were not supposed to be quite innocent themselves. The regent Lennox sent Morton, Pitcairne, and M*Gill, to solicit Elizabeth, for the delivery of Mary to him ; and he dispatched Thomas Bu- chanan, to Copenhagen; in order to obtain the guilty person of Bothwell : But, as the ob- jects of those solicitations were known, and detested, neither the Queen, nor Bothwell, was delivered into such treacherous hands. k In the meantime, the friends of Mary were more successful, when they applied to Bothwell, for a written assent, to his divorce from the Queen : In 1569, he gave a letter, or rather a mandate to Lord Boyd, signifying his assent k Morton, and his two associates, received, while they were at the court of Elizabeth, a letter from Thomas Bu- chanan, Lennox's agent, in Denmark, dated on the 20th of January 1570-1 . They detained this letter, for some time, from the Regent Lennox : For that we had no will, said they, the contents of the same should be known ; fearing that some words, or matters, mentioned in the same, being dispersed here, as such news should rather have hindered, than furthered our cause : Being asked, by Secretary Cecil, to see this letter, from Thomas Buchanan, they gave him a copy 5 omitting such things, as they thought not meet to be shown. [Goodall, ii. 332.] Knaves will always act as knaves : We thus see, Morton, the Chancellor of Scotland, the Secretary of State, and M'Gill, the Clerk Register, im- posing upon the English government, by a falsification ! J. Earl Bothwell.'] THE SCOTISH QUEEN. 67 to such a divorce. 1 But, when Lord Boyd repaired to the Convention of Perth, in Fe- bruary 1572-3, the ruling powers refused their assent, though one of the principles of their in- surrection had been, to separate the Queen, from her enforced marriage : But, they acted, merely, as they were required, by Elizabeth, who did not approve of such a divorce, as it might have gratified Mary. Bothwell appears, thenceforth, to have been little noticed by any of the parties, either in England, or in Scotland. And, he died in the Danish castle of Malmay, towards the end of 1576; declaring with his last breath, that the Scotish Queen was quite unconscious of the death of Darnley, which had been pro- cured, by the advice, and actions of Murray, and Maitland, and Morton. m It is unneces- 1 The above letter, or mandate, remained among the family papers of Lord Boyd's descendants, even below the year 1746 ; and is a new intimation, for the Scotish histo- rians. m Camden's Life of Elizabeth, 137. In Sinclair's MS. His- tory of Scotland, which was written, at the time, and re- mained, in the Scots College, at Paris, till recent times, p. 796-7, there was the following passage : " Bothwell, at " his death, and several times before, declared on his oath, " that he himself committed the murder, by the counsells "of Murray, and Morton; and that the Queen was alto- " gether innocent, and knew nothing of the murder." To 68 THE LIFE OF [MEM. IV. Memoir of sary to elaborate such points : Every fact, and circumstance ; every authentick document, and subsequent discovery ; concur to evince the Queen's unconsciousness of her husband's mur- der, which was clearly effected, by the over- powering conspiracy of Murray's faction, with Bothwell, for the conspirators' instrument and victim, on that occasion. this, Sinclair added, ' ' that the King of Denmark sent au- ' ' thentick copies of Bothwell's declaration to the Queen of " England, and other princes." In a letter, from Mary, to the Archbishop of Glasgow, her Ambassador, at Paris, dated the 6th of January 1577* in the Scots College, Paris, Mem. Scot. torn. ix. fol. 8, she says, that the King of Denmark had sent to Queen Elizabeth the testament [declaration] of the late Earl of Bothwell ; but, that she had secretly sup- pressed it. Before the Bishop of Sconen, and four of the Danish lords, the Earl of Bothwell solemnly declared what he knew of the late King's death, after apologizing for his weakness, which prevented him, from speaking much, that the Queen was innocent of the King's death j and that he himself, his friends, and certain of the nobility, were the only authors of it. [Mem. Scot. torn. ix. 145.] From Sir John Forster's letter to Secretary Walsingham, we learn, that Bothwell's Testament was given in evidence against Morton on his trial for the King's murder. J. Earl Bothwell.'] THE SCOTISH QUEEN. 69 SUBSIDIARY DOCUMENTS. No. I. Of the Trial of Bothwell, for the Murder of Henry, late King of Scots : Drury's Letter to Cecil, on this subject. THAT the trial of Bothwell, on the 12th of April 1567, was collusive is quite apparent : It was an essential part of the conspiracy of Murray's faction, for the King's death, that Bothwell their cat's-paw, should be saved harmless. Morton, and Maitland, acting for that fac- tion, did protect him on his trial ; and did obtain his acquittal. Keith, p. 373-378, has collected the princi- pal circumstances of this notorious adjudication. Sir Lewis Stewart has gathered into his MS. Collections, merely the assize, or list of the Jurors. He concurs with the Documents, in Keith, that the fact of the murder was charged, as committed, on the 9th of February 1567, when it ought to have been, on the 10th of the same month. On this head, little more need be said, as indeed little additional is to be attained. But, as Queen Elizabeth interposed, with Mary, to delay the proceed- ings ; sending a letter to that effect, which was conveyed, by the Provost Marshall of Berwick to Holyrood-house ; it may gratify a reasonable curiosity, to see how he was received there, on the morning of the trial of Bothwell ; who appeared to protect him ; and what were the opi- nions of Edinburgh, on that occasion. The letter of Sir Wm. Drury to Secretary Cecil, on those subjects, is 70 THE LIFE OF [MEM. IV. Memoir of preserved, in the Paper Office, Vol. 18, No. 20 ; and is hereunto subjoined: (2) Right Honorable The Queene's Ma te letter di- rected to the Quene of Scotts I receved the xi hereof, at x of the clock, which forth th I depeached by the Pro- vost Marshall here, who in myne opinion was not the unmeetest I could choose for the purpose. He arrived at the Court the xn th at vi in the moreninge, and then used his diligence ymediatly to deliver his letter, which he hadd in chardge to the Quene, attending some good space in Court, procuring all that he might by the meanes of such as were nere her person, who told him it was earlie, and that her ma ty was asleepe, and therefore advised him to tary some tyme thereabouts till she arose, w ch he did, going owt of the Court in to the towne, and shortely after returned, she being not yet rysen, and therfore walked abowt till ix, or almost tene of the clock, when as all the lords and gentlemen were assembled taking their horsse, and then thinking his opertunitie aptest, going into the Court as a little before he did (the contents of the letter he brought being conjectured and bruted to be for stay of the Assiss) was denyed passage into the court in very uncourtouse maner, not w th out some violence offred, which seing he could not be permitted to have recoursse into the court, as all other persones whatsoever they were ; he requested that some gentel- man of credite would undertake faythefully to deliver his letter from the Queenes iria tie of England to the Quene their sovcreignc, w ch none would seeme to undertake. Uppon this came unto him the Parson of Oldehame- stock, surnamed Heyborne, who told him that th' Erie Bodwell hadd sent him w th this message, that th' Erie J. Earl Bothwell.-] THE SCOTISH QUEEN. 71 understanding he hadd letters for the Quene, would ad- vise him to retyre him to his ease or abowt some other his buseness, for the Quene was so molested and dis- quieted w th the business of that day, that he saw no like- lehood of anie meete tyme to serve his turne till after the Assiss. Then came the Lorde of Skyrling, who asked him if his letters were ether from the counsell or the Queenes ma tie , he told him from the Queenes ma tie only then sayd he, ye shall be soone dispached, and so re- turning into the Court, desired the said Parson to keepe him company at the gate, w b he did, and therew th es- pieing a Scottisheman whome he hadd for a guide, tooke occasion to reprehend and threaten him of hanging for bringing such Inglishe vilaynes as sought and procured the stay of the Assiss, w th woords of more reproche. In this instant Lidington was coming owt, and Bodwell w th him, at the w ch all the lordes and gentlemen mounted on horssebak, till that Lidington came to him, demaund- ing him the letter, w ch he delivered, th' Erie Bodwell and he returned to the Quene, and stayed theare w th in, halfe an hower. The hole trope of lords and gentelmen still on horsebak attending for his coming. Lidington seemed willing to have passed by the Provost w^out any speach, but he pressed towards him, and asked him yf the Queenes ma tie hadd perused the letter, and what ser- vice it would please her ma tie to comaunde him back agayne. He answered that as yet the Quene was sleep- ing, and therefore hadd not delivered the letter, and thought there would not be anie meete tyme for it till after the Assiss, wherefor he willed him to attende. So giving place to the thronge of people that passed, w eh was greate, and by the estimaCon of men of good judge- 72 THE LIFE OF [MEM. IV. Memoir of ments above IIII M - gentlemen besids other Th' Erie Bodwell passed w th a mery and lustie chere, attended on w* all the souldiers being CC all harkebuzers to the Tolbowth, and there kepte the doore, that none might enter but such as were more for the behofe of the one side then the tother. The Assiss began betwene ten and aleven and ended vn in the after none. The' Erie of Arguile and Hunteley, cheefe judges. What perticulerly was done or sayde theare I canne not yet lerne, more then that there were two advocats, called Crayforde and Cuningham, for th' Erie of Lenox, who accused th 1 Erie Bodwell for the murder of the King, alleadging certeine documents for the same, and desiring fortie dayes terme lenger, for the more perfitte and readier collection of his proofes, and the said Erie of Lenox woulde be bounde to prove uppon Bodwelle, that it was his act in woorde and deed, arid therfore yf they clered him in that Assiss they protested for wilfull error. Sixe of them w ch sett uppon him, neither quited him nor clered, but were silent : who they be I canne not yet tell. Th' Erie Morton refused to be of the Assiss, sayeing that to serve her ma tie he would be gladd, howbeitin this cawse thoughe the King hadd forgotten his part in res- pect of nature towards him, yet for that he was his kinseman, he would rather pay the forfecte, which was C ' Scottish. Th' Erie Creyford would gladly have been of the As- siss, but could not be admitted. Th' Erie Castells because he refused to be of the As- siss, the Quene comaunded him upon payne of treason, J. Earl Bothwell.] THE SCOTISH QUEEN. 73 eather to goe to ward to Dunbarre, or ells to accepte the other her pleasure. It is affirmed that at this Assiss none were sworen. Th' Erie Bodwell hath satt up a cartell ^mediately w th the ending of the Assiss, declaring him selfe quite and clere of this murder, offering him selfe to defende any challenge therof w lh his bodie by anie Scott, Inglish- mann, or Frenshe, or anie other what soever he be, so he be not a person infamed. I have not yet the copie of it, but I looke for it, and your hono' shall have it. James Bawfoure mynded w tb full determination to have hadd an Assiss for him in like maner, but nowe uppon I wote not what dowbte, is gladd to take better advisemet. Th 1 Erie of Lennox, as one of his owne men sayeth, was on the way coming to the Assiss, till he mett w tb a message from the Quene, that he shuld not come to the Court w th above vi in nomber, whereuppon he returned. Yesterday beganne the Parliamet, in the w ch it is thought shall be little matter more treated then the re- storing Hunteley, and Sutherland, and the advaunce- met of Bodwell to the dukedom of Rossay. Tomorrowe or uppon Fryday it is thought the Quene goeth in per- son to the Parliament. Touching Ireland I can yet lerne nothing more then that there are certeine of Aneales men, three or mi or thereabowts, w ch nowe lie at Kingcorne in Scotland, in- tending to embarke for Flaunders, pretending some matter w th King of Spayne nowe at his coming thither. Oconer in Scotland hath sent me a cople of letters w ch Aneale wrote unto the French King, and Cardinall of Loreine, and I send them herew th . 74 THE LIFE OF [MeM. IV. Memoir of Touching the aunswere of the Scottishe Quene I send her letter herew th , w ch was the cause of my silence. The messenger could not have his dispach sooner then yes- terday at ii of the clocke, and to importune it other then like a beggar at the gate was not tollerable, for furder recourse he could not have in to the Court, then to the gate, w ch was moore woondred at of all sortes both noble and gentlemen, then he therew th was greved. Le Crocque sayd he would tell the Quene thereof, and Ledington desired him to take it in good part, it was not in him to remedy. All the Court nowe weareth the dole, w ch they did not before Le Crocq came. The Lord of Skirling, or Trebrown, shall have the office of comptroller of the Queenes howse. Th' Erie of Lenox being at Starling of late, sawe the prince, in the presence of the Erie of Marre, whome he requested, as he hadd allwayes been faythfull to the Crowne, so he would, in this chardge, have most earnest regard thereunto. Thus having nothing furder to troble your hono"* I humblely take my leave. From Berwick this xv th of Aprill 1567. WM. DBURY. J. Earl Bothwell.] THE SCOTISH QUEEN. 75 No. II. Of the several Grants, which were said to be made, by the Scotish Queen, to James, Earl Both- well. THE calumniators of the Queen of Scots talk largely of her loading Bothwell with marks of her bounty, by con- ferring on him extensive estates, and important offices. 3 Robertson says, that in the Parliament of April 1567, the Queen granted Bothwell a ratification of all the vast possessions, and honours, which she had conferred upon him. b It ought to have been said, that the Parliament granted a ratification of his estates, and honours, which had descended to him, from his father, and grandfather, except the office of Keeper of the castle of Dunbar, and the castlewards to the same belonging. The ratifica- a Robertson's Hist, i. 382; Laing* s Dissertation, i. 12- 18, &c. b Dissertation, 173, and Hist. i. 248 ; and Laing makes the same assertion, in rather stronger terms, in his Dissert. 73 ; and in p. 13, that the Queen had given to Bothwell the office of Lord High Admiral. As a lawyer, Laing might have seen, in Sir James Stuart's Answer to Dirleton's Doubts, that this office had been granted hereditarily, to Earl Adam, in 1511 : I will not charge those writers with stating deli- berate falsehood ; but, I will say, that they had done well, to have learned, distinctly, what they asserted ; when they were to calumniate a woman, and criminate a Queen. c Acta Parl. ii. 550-1. Privy Seal Reg. xxxv. fol. 14. On the 1st of March 1566-7, Bothwell had a grant, for the good services done to the Queen-mother, and to the Queen, of all the casualties of ward, &c. due by his father, and him- self, whereof no account had been made, by them, or their 76 THE LIFE OF [MEM. IV. Memoir of tion, which was granted to Bothwell, by this healing Parliament, in April 1567, was only one, among a hun- dred others, particularly to Murray, and Morton, and to their friends. But, such were the prejudices of Robert- son, and Laing, that they did not comprehend what was done, at that memorable Parliament/ 2. The second head of calumniation arises, from the willing falsehood of Knox, concerning the Lieutenancy of the Borders : He tells us, e " that on BothwelPs return to Scotland, in 1565, during Murray's rebellion, Bothwell was placed on the Council, and appointed Lieutenant of the Middle and West Marches/ Upon the falsehood of Knox, Robertson and Laing built their own fabricks : Robertson tell us, " Bothwell was, in 1566, Lieutenant or Warden, of all the Marches, an office among the most important, in the kingdom ; and though, usually, divided into three distinct governments, bestowed, by the Queen's deputies, in the Queen's checker. [Privy Seal Reg. xxxvi. fol. 24.] Robertson, and Laing, who did not search the re- cords for facts, seem not to have known of this grant of casualties to Bothwell. d See a list of the Acts of Parliament, which were then passed, in Keith 879-80, and the printed Parl. Record. 752. e Hist. 385. f Keith, 187> has transcribed, from the Privy Council Register, of the 6th of September 1561, the appointment of Bothwell, as a Privy Counsellor, on the Queen's arrival from France, when her bastard brother, the Lord James, was appointed chief minister; and when James Earl of Both- well was placed the fourth, on the list of Privy Counsellors, under the ministry of the Lord James, as Mar, or Murray. J. Earl Bothwell.] THE SCOTISH QUEEN. 7? favour, upon him alone :& So, Laing says, that in addi- tion to the Wardenship of the three Marches, till then conferred upon separate persons, he was rewarded, with the office of Lieutenant. h It is not true, that Bothwell was ever made Warden of the Marches ; at that time, Lord Hume was Warden of the East Marches ; Kerr of Cessford of the Middle Marche ; and Sir John Max- well of the West : The office, which Bothwell held, was Lieutenant of the Marches, an office, that had never been held, by three persons : To this office, James Earl Bothwell was first appointed, in 1559, when the queen- mother was almost overpowered, by the insurgents : And, he was again appointed, when the Queen was occupied, with the rebellion of Murray, her minion, and when Bothwell's services were wanted, and several other Lieu- tenants were appointed, in different districts : It was at the time, when Morton led her army, Northward, when he ought to have pursued to the Southward ; and when Secretary Maitland remained about her person, to betray her counsels ; as we know, from Randolph. 3. The third head of Calumniation is the grant of the Abbeys to Bothwell : Knox, or his continuator, assures us that, (after the death of Rizzio) the Queen gave Both- well the Abbeys of Melros, Hadington, and Newbottle, and also the castle of Dunbar, with the principal lands of the Earldom of March, which were the patrimony of the Crown. 1 This mass of misrepresentation, Laing amplifies in the following manner : k "On the assassination of * Hist. i. 228. h Divert, i. 13. 1 Hist of the Eef. 296. k Dissert. 13 : The authorities quoted by him are, Knox, VOL. III. G 78 THE LIFE OF [MEM. IV. Memoir of Rizzio, Bothwell acquired, by his successful services, the most unbounded influence over the mind of the Queen : In addition to the Wardenship of the Three Marches, till then conferred upon separate persons, he was reward- ed with the office of Lord High Admiral, the Abbeys of Melros, and Hadington, and the Castle and Lordship of Dunbar, together with an extensive grant of the Crown demesnes." What egregious misrepresentation ! The continuator of Knox, merely, states the grant of the three Abbeys of Melros, Hadington, and Newbottle. Now ; of Melros, first : Bothwell never obtained this Abbey, from the Queen ; and could not obtain it ; as it was held for life, by Michael Balfour, the Commendator, who held it till his death, in 1 56Q. The administration had rather been taken from Bothwell, by the Queen's mi nion, soon after her return, in August 1561. Bothwell, when acting, strenuously, on the Borders, as Lieutenant, for the regent Queen, appears to have obtained, from her, the administration of the vacant Abbey, which he held till the Queen's return : It was then taken from him, and given to his rival, Arran, by his enemy, the Queen's minion. 1 When Arran lost his senses, in 1562, th e 296 j Anderson, i. 96 ; Melvil, 69 : But, in Melvil, there is not a word of these grants : In Anderson, there is not a syllable of these grants, but he says, that he had his great offices hereditarily : Even in Knox's Continuation, which Laing quotes, and stigmatizes, by turns, there is not a word of the grant of the office of Lord High Admiral, nor of the grant of the demesnes of the Crown. Much of Laing's misrepresentation is copied into the last Peerage, article, Bothwell. Thns is calumny propagated! 1 Keith, 196-202, and Randolph's letter to Cecil, llth November 1561. J, Earl Bothwell.] THE SCOTISH QUEEN. 79 Abbey of Metros was granted for life to Michael Balfour, who probably obtained this Commendatorship, by the influence of Maitland, who partook of the profits." 1 We thus see, how the records, which contain the facts, over- throw the misstatements of the historians, and at the same time, expose the avaricious villainy of the reformed nobles. 2. The second Abbey laid to the charge of Bothwell was that of Hadington, which, with its lands, lay in the midst of his domains : His progenitors had, by establish- ed usage, enjoyed the right of presenting a Prioress, when death made a vacancy. According to the establish- ed custom, Earl Patrick presented to this Abbey his kinswoman, Elizabeth Hepburn, who was Prioress, at the epoch of the Reformation. In 1560, and in 1561, Earl James applied to Mary, both in France, and in Scotland, after her return ; stating the rights of his pro- m Privy Seal Reg. xxxii. fol. 56 j Ib. xxxiii. 73. And Balfour was, moreover, saddled with a yearly pension of 50O marks, out of the revenues of Melros, to the Earl of Glen- cairn, who was called the good earl, for his zeal in destroying churches : the good earl having followed the good Earl of Murray into rebellion, was denounced a rebel j and Bothwell for his services in crushing the traitorous crimes of the good earls, obtained, in December 1565, a grant of the escheat of Glencairn's pension. Ib. xxxiv. fol. 24. This grant was, however, rendered nugatory, by the pardon of Glencairns, by Murray's influence, 19th March 1565-6. When Balfour died, in 1569, the Regent Murray granted this Abbey to his nephew, James Douglas, the second son, who was then a boy, of William Douglas of Lochleven. Privy Seal Reg. xxxviii. fol. 77- 80 THE LIFE OF [MEM. IV. Memoir of genitors, and claiming the disposition of this Abbey, when it should become vacant ; as being " the native room, and kindly possession of his family :" And to this pretension, the Queen assented. But, in 1563, when Bothwell was in distress, Secretary Maitland obtained a grant ofjeejirm, from Elizabeth, the Prioress, of all the lands, belonging to her Abbey : And this grant was confirmed to him, by a charter, under the Great Seal, in December 1564." After the death of the Prioress, the Queen, in December 1563, gave her Secretary a grant of the profits of this Abbey, of which his father, Sir Ri- chard, and his brother, John, were appointed the Stew- ards, until the appointment of a Prioress." Under this grant, Secretary Maitland enjoyed the profits, until March 1565-6, when he engaged in the conspiracy against Riz- zio; and was thereupon obliged to abscond. Bothwell now seized so favourable an occasion, to renew the claims of his family to the patronage of this Abbey, whereof he had been deprived, by the artifices of Secretary Maitland, even in opposition to the Queen's engagement : And, upon this representation, the King, and Queen, on the Qth of March 1565-6, appointed Dame Isabel Hepburn the Prioress of Hadington Abbey, during her life.P But, the Abbey, which was despoiled of its lands, was of little value ; and the new Prioress, only, enjoyed some annui- ties, and tithes. The lands of this Abbey were held, by Secretary Maitland, till his forfeiture, in 1571, when they were given, by the regent Lennox, to Lord Lindsay, and other partizans. The foregoing representations exhibit a genuine picture of what occurred, in almost every dis- " Privy Seal Reg. xxxii. fol. 128. Ib. 18. P Ib. xxxiv. 55. .7. Earl Bothwell.] THE SCOTISH QUEEN. 81 trict of a distracted country : There were two, or more pretenders to every casualty of the Crown, which, on every occasion, was by them solicited ; and when the Queen determined the matter, in favour of one of the claimants, the one became ungrateful, and the other dis- contented. 3. The third charge against Bothwell for monopolizing Abbeys, was that of Newbottle : But, the charge, in this case, was more groundless, than the other two : In 1546, Mark Kerr the second son of Andrew Kerr of Cessford, was appointed Commendator of Newbottle, during life: He enjoyed it till his death, in 1584, when it went to his eldest son, Mark, under a grant of the Queen, in 1567, to succeed his father, as Commendator. This charge then, as Bothwell never had, or pretended to have, any interest, shows a strange passion, for calumny, in those, who make, or repeat such groundless charges. But, what were the calumnies of Buchanan and Knox, of Robertson and Laing, to the incessant endeavours of Secretary Cecil, to disgrace, and degrade the Scotish Queen, by the basest calumniations ! In November 1573, he sent a series of questions to be answered, by Morton :"* The last series of questions was the value of the grants, by the Scotish Queen to the Earl of Bothwell : To which Morton made the following answers : J. Bothwell having spent his whole estate, at his re- turn, from France, in 1565, was first made Lieutenant- general over all the Borders. * Calig. C. 10. fol. 114} M. Crawford's Col. in the Adv- Lib. Edin. iv. w. 2. 9,3. 82 THE LIFE OF [MEM. IV. Memoir of 2. He had the Abbey of Melros, which was better than 50001. Scots, before his intromission therewith. 3. He had the Abbey of Hadington, worth 1000Z. Scots. 4. He had the Castle, and Lordship of Dunbar, worth 2000 marks a year. 5. He was made Captain of Edinburgh-castle, with a yearly allowance of 10001. Scots. 6. He was made Duke of Orkney, and Lord of Shet- land, being the property of the Crown, worth 10,000 marks. 7. He should have had the superiority of Leith, and feu of the Canongate, beside, Edinburgh ; to be more able to make a party, in the town of Edinburgh. 8. He had delivered to him of the Queen's jewels to the value of 20, or 30,000 crowns," It may be observed, as a general remark on the fore- going statement, that the assertion, or the affidavit, of such a miscreant, as the Earl of Morton, who was devoid of principle, and faithless by habit, was unworthy of any credit. It is not true, that Bothwell had spent his estates, before his return from France, in 1565; as we see him in possession of his Castles, and Estates, till his expulsion from Scotland. ( I ) The Lieutenancy of the Borders was not granted to him, either at the time, or on the occasion, that Morton asserts. (2) We have already seen, that Bothwell did not obtain the Abbey of Melros, after his return to Scotland. (3) Of the Abbey of Had- ington ; how little he obtained, compared with the acqui- sition of Secretary Malt land, we have already seen. (4) Of the Castle of Dunbar, he was, merely, appointed J. Earl BothwelL] THE SCOTISH QUEEN. 83 Keeper, with the benefit of the Castlewards, or lands, which were appropriated for its support. (5) Whether Bothwell ever was madeCaptain of Edinburgh castle may well be doubted, as an assertion, without proof, and con- trary to proof. On the IQth of March 1566-7, the Earl of Mar obtained, from the Queen, and Council, a dis- charge of his trust, in keeping the Castle of Edinburgh, which had been in the possession of him, and his father, John, Lord Erskine, since April 1 554 ; and that dis- charge was ratified, by the Parliament of April 1567/ On the 21st of March, the Castle of Edinburgh was rendered to Cockburn of Skirling, at the Queen's com- mand ; as we learn, from Birrel's Diary. It is in vain for writers to assert, that Bothwell was appointed the Captain of Edinburgh-castle, when nothing can be found, either in the Privy Seal, or Privy Council, Registers, as to such an appointment : The presumption is, that no such appointment ever took place ; since there is nothing, on the subject, in the Records : And, the fact seems to have been, that Cockburn of Skirling retained possession of his charge till the 1st of June 1567, when he was ap- pointed Comptroller, in the room of Murray of Tullybar- din, who was dismissed. 5 And Sir James Balfour was 1 Acta Part. 547- Robertson says, that the Queen bestow- ed the government of the Castle of Edinburgh on Bothwell, the 19th of March. Hist. i. 244. He quotes Anderson, i. 40, and Pref. 64 ; Keith, 379 : But, the authorities have no proof of \vhat they say : They are authorities, without au- thority. Knox's Continuator assigns some day, before the 12th of April, as the time of his appointment. Hist. Ref 4O5 : But, he has no authority, for what he says. 1 See the Treasurer's Accounts, for the fact, and the date. 84 . THE LIFE OF [MEM. IV. Memoir of hastily sent, to take charge of the Castle, at that critical moment : as there is nothing in the Records of his ap- pointment to such a trust. 1 It is an important, and cu- rious fact, that there does not appear, in the Treasurer's See the Wardrobe Accounts of Queen Mary, printed under the direction of the King's Record Commissioners, which are decisive on this head : (1) The Queen's discharge to Lord Erskine, when he resigned the command of the Castle ; (2) Sir James Cockburn's receipt, for receiving the Castle, from Lord Erskine's Commissioners, by command of the Queen, on the 21st of March 1566-7.* which corresponds, exactly, with what Birrel said : On the 21st of March 1666-7, the Castle of Edinburgh was rendered to Cockburn of Skirling, at the Queen's command. [Diary, 7.] When the Earl of Morton stated to Secretary Cecil, that Bothwell was made Captain of Edinburgh-castle, with a yearly salary of lOOOZ. Scots, he only stated a deliberate falsehood. 1 Goodall, in his Account of Balfour, p. Hi. says j " In the beginning of the year 1567> he was made Governor, or De- puty Governor, under James E. Bothwell :" But, for this loose assertion, he has no proof. It could not be before the 19th of March 5 as it was, only, on that day, that the Earl of Mar resigned the same charge: And on the 21st of the same March, the Castle was resigned to Cockburn of Skir- ling, by the Queen's command. Birrel. Spottiswoode, 201, says, Bothwell and Balfour, obtained the Castle on the re- signation of Mar : But, Birrel's Notice, and the Record, over-rule both. The same Record evinces, indeed, that Sir James Balfour, by the Queen's command, was appointed to receive, from Lord Erskine's Commissioners, the Ordnance stores, within the Castle, according to the inventory thereof; which he did, on the 20th of March 1566-7, the day before Cockburn took possession. Rec. 165. J. Earl Bothwell.] THE SCOTISH QUEEN. 85 Accounts, any charge of materials furnished, or one penny of money paid, or jewels delivered, to Bothwell, either before, or after his marriage, with the Queen: This fact evinces, that the assertion of Morton, like his interception of the boxful of love-letters, of 30,000 crownsworth of the crown jewels being delivered to Both- well, was a deliberate falsehood, for the obvious purpose of calumnious deception, by a miscreant, who was very capable of asserting any lie, or committing any villainy." In arguing such questions, concerning Bothwell, we must always distinguish, between the period of his inde- pendence, before he was drawn into Murray's conspiracy ; and the period after he became a conspirator with Mur- ray, Morton, and Maitland, for the death of Darnley. During the first period, Bothwell acquired, by descent from his father, and grandfather, the offices of Lord High Admiral of Scotland, of High Sheriff of the shires of Berwick, Hadington, and Edinburgh, and Baillie of Lauderdale. He was appointed, by the two Queens, in succession, their Lieutenant of the Borders. He was appointed, by Queen Mary, Keeper of Dunbar-castle, with the benefit of the Castle-wards ; but, not of Edin- burgh-castle. How little he acquired, from the three _ u The Queen's jewels fell into the hands of those, who de- throned her, and usurped her government. And, the sub- sequent disposal of them presses hard upon the memory of Morton, and of Murray, who both had an interest, in as- serting the falsehood of so large a portion of them having been delivered to Bothwell. On the 2d of October 1568, Queen Elizabeth wrote to Murray, forbidding him to sell any of the Queen of Scots' jewels. [Cecil's Diary, Murdin, 765.] 86 THE LIFE OF [MEM. IV. Memoir of Abbeys of Melros, Hadington, and Newbottle, we have just seen. (2) What did he obtain, during the second period ? The superiority of Leith,on the 15th of February, about which Robertson declaims. [Hist. ii. 334-5.] The chief conspirators did not contest with him, this grant ; because they knew how soon his fate would annihilate his fortunes. The Queen, says Robertson, gave Both- well the honour of carrying the sword before her, at the opening the parliament. But, may not Morton, and Maitland, have put the sword into his hand ? She made him Duke of Orkney, in prospect of her enforced marriage. She still retained her affection, for Both well, after she had lost him. But, it may be asked, if ever she had any affection for him. Force, and affection, stand opposed to each other. Murray's Parliament of Decem- ber 1567, decided, that she had been coerced to marry Bothwell ; and for this treason, the Parliament attainted him, which is a higher authority than Buchanan and Knox, Robertson and Laing ! After Bothwell had become a conspirator, at Michaelmas 1566, he was al- lowed, by Murray, and the other conspirators, to assume great state, and considerable rule: But, the moment, they withdrew their support, his power, though married to the Queen, shrunk up into nothing. This circumstance demonstrates, that Bothwell's influence over the Queen, when compared with the predominance of Murray, and his faction, was a mere quintessence even from nothing- ness. He thus obtained the baronies of Hailes, and Crichton, &c. J. Earl Bothwell.] THE SCOTISH QUEEN. 87 No. III. Of the Ascendency of Earl Bothwell over the Scotish Queen, with a view to Tier Marriage of him. 1. Mary became a widow, on the 10th of February 1566-7, when her husband, Darnley, was assassinated, by a conspiracy of nobles : The State Papers prove, that such a conspiracy existed ; the Statute Book of Scotland contains the convictions of Morton, Bothwell, and Mait- land, the conspirators, who executed that odious murder. The epoch of that conspiracy was the 1st of October 1 566 : But, such a conspiracy could not have existed, without the knowledge, and concurrence of Murray, who was all-powerful, not more, for his personal influence over the Queen's spirit, as for the number, and weight, of his partizans : He acknowledges, in his answer to Huntley, and Argyle, that he had then become recon- ciled to Bothwell : From that time, Bothwell acted more with Murray, than with Mary. Morton was, at the same time, let into the secret, by Maitland, who durst not have corresponded with Morton, who was then expatriated, in England, on such a subject, without the knowledge of Murray. Morton, thus previously informed of the plot against Darnley, had scarcely arrived from England, at Whittingham, when he was met, there, by Bothwell, and Maitland, about the 20th of January 1566-7, f r concerting, with that notorious plotter, the death of Darnley, whom they all abhorred : The State Papers evince both the meeting of the conspirators, and the guilty object of their barbarous purpose. When the murder was to be committed, Murray retired, from Edinburgh, the criminal scene, into Fife, the fosterdam of so many plots. From all those proofs, it is quite ap- 88 THE LIFE OF [MEM. IV. Memoir of parent, that Both well acted, merely, as one of a con- spiracy. 2dly. Yet, rumour included Murray, as one of the deed-doers, with Bothwell, and others. Murray again retired, from Edinburgh, to London, and Paris, three days before the trial of Both well, for that deed of villainy. On the 12th of April 1567, was he tried, and acquitted, by a court, composed, chiefly, of Murray's partizans ; Morton, and Maitland, the agents of Murray, standing, by him, on either side, and directing his defence. Mor- ton, and Maitland, went some steps further, in execution of their concert with Murray, as two fundamental points of the conspiracy still remained to be done, by Both- welFs agency ; the marriage of the Queen, and her con- sequent dethronement. They obtained a written decla- ration, from many peers, and prelates, asserting the innocence of Bothwell, and his fitness, for a husband to the widowed Queen, though Bothwell was already mar- ried. This document remains, the disgrace of those, who signed it, with Morton's signature, who dared do more than man, in acquitting Bothwell, to day, and impeaching him, on the morrow. 3dly. Emboldened by this declaration, Bothwell marched out of Edinburgh, at the head of a thousand horsemen ; and arrested the Queen's person ; carried her, forcibly, on the same day, to his Castle of Dunbar ; and therein coerced her, to agree to marry him. Mait- land, acting as Murray's agent, went with them to Dun- bar-castlc, not to give good, so much as bad advice to the imprisoned Queen." i >; ;'. ;>!. umr * The Privy Council, at the head of which was Morton, /. Earl Bothwell.'] THE SCOTISH QUEEN. 89 After seeing the facts, which were stated by the Privy Council, in July 1567, and the Act of Forfeiture, in December 1567, can it be made a question, among rea- sonable men, or considerate women, what motive induced the Queen to marry Bothwell, whether the love, or the violence, of Bothwell ? As those facts must be true, which are proved by the Act of Privy Council, and the Statute of Forfeiture, it must be equally certain, that neither love, nor ascendency, produced that fatal event, but artifices, and force. In after-times, the unfortunate Queen complained, with tears in her eyes, that while she acting for the absent Murray, on the 21st of July 1567, declared that " Bothwell ravished the Queen's person, led " her captive to Dunbar, and constrained her, being in his " bondage and thraldom, to contract such an ungodly, and " pretended, marriage with him, such as neither God's law, " nor man's law, could permit." [Anderson's Col. i. 142.] The Act of Parliament, forfeiting Bothwell, states the same facts, as the grounds of his attainder : ] . That he had, treasonably, arrested the Queen's person ; 2. that he had carried her, forcibly, to Dunbar-castle ; 3. that he had there- in constrained the Queen, to consent to marry him. [Acta Parl. iil. 5-10.] A copy of this Act was carried up to Eng- land, by Murray, to prove the guilt of Mary j yet, by col- lation with the genuine Act, we see, that it was vitiated, on that occasion, by M c Gill, the Clerk Register, who acted, corruptly, with Murray. This Act, owing to whatever knavery, was not published, by the same M c Gill, among the Acts of that Session, which were printed by Lekpreuik, on the 6th of April 1568. When Skene, in 1597, published his edition of the Scotish Statutes, he appears, plainly, not to have known, that such an Act of Forfeiture ever existed ! 90 THE LIFE OF [MEM. IV. Memoir of was suffering under the bondage, and coercion, of Both- well, not a sword was drawn, for her relief ; but, the moment that she had submitted to necessity, ten thou- sand swords leaped from their scabbards, to undo what could not be undone./ Such, then, were the avowed motives of the insurgents, with Morton at their head. Three days after, the Queen being with her army, on Carberry-hill, voluntarily surrendered herself to Grange, the officer, who was sent by the insurgents, saying, " I surrender myself to you, upon the conditions, you " have rehearsed to me, in the name of the Lords." She then went over to the Lords ; leaving Bothwell on the field, who was allowed, by the insurgents, to depart quietly, and without pursuit. On the 16th of June, the Queen was committed to Lochleven-castle. This, then, was the last scene of the tragedy ; wherein the King lost his life, and the Queen her diadem : But, it is quite apparent, that there was only one conspiracy, consisting y The first proclamation of the insurgents of the 1 1th of June 1567, recites, that the Queen being detained in capti- vity, by Bothwell, and thereby being unable to govern, or to try the murderers of the late King : They had taken arms, for delivering the Queen, for preserving the prince, and for trying the King's murderers. The insurgents, when they entered Edinburgh, on the 12th of June, issued a second proclamation ; avowing as their motives, that Bothwell had laid violent hands on the Queen's person, and shut her up, in Dunbar- castle, and compelled her to a dishonest mar- riage : They, therefore, took up arms, for delivering the Queen's person, for taking revenge on Bothwell, as he had ravished, and detained, the Queen. J. Earl Bothwell.] THE SCOTISH QUEEN. 91 of several acts, or parts; whereof Morton, from his return to Whittingham, was the constant leader, though Murray was the chief, and Bothwell the cat's-paw. As Morton was the leader, who protected Bothwell, at his acquittal ; and obtained for him the declaration of the peers, and prelates ; so was Morton the leader of the same faction, who murdered the King, who enabled, and encouraged Bothwell, to arrest the Queen, and to con- strain her to marry Bothwell, on the 15th of May; so was Morton the leader of the same insurgents, who, on the 1 1 th and 12th of June, by two proclamations, avowed the causes of their arming, and rising, to be, that Both- well detained the Queen's person, and made a dishonest marriage with her ; and that they intended to deliver her, from Bothwell, whom they meant to punish : Yet, on the 15th of June, the same insurgents, with Morton at then* head, allowed Bothwell to depart quietly j made the Queen a captive, who surrendered herself, on their own conditions ; and, contrary to their own conditions, committed her to Lochleven -castle. In all this, there is abundant evidence of the artifice, and insidiousness of Morton, and his insurgents ; but, what proof is there of the ascendency of Bothwell over the Queen ? There is none : Yet, was she, by matchless villainy, involved in BothwelPs baseness, without a crime, and deprived of her crown, and liberty, by Morton's profligacy, for M ur- ray's benefit. The whole of the foregoing proofs evince a very dif- ferent proposition, from positive evidence, of Both well's ascendency. The Queen knew him, his history, and his character ; and, if we may believe Randolph's corres- pondence, in 1565, she had special cause given her of 92 THE LIFE OF [MEM. IV. Memoir of dislike. She knew, also, that he had married the Lady Jane Gordon, only, on the 22d of February 1565-6. The epoch of Bothwell's ascendency over the Scotish Queen, is fixed, by Dr. Robertson, at the 5th of April, 1566, when the Privy Council advised her, after such a scene, as Rizzio's murder, in her closet, to retire into the Castle of Edinburgh, to wait, in safety, and quiet, the time of her accouchement. 1 Now ; the only three men, of any consequence, who were allowed to remain with her in the castle, were Darnley, her husband, and Argyle, and Murray, her two brothers-in-law, as we learn from Randolph's dispatches to Cecil. Huntley, the Chancel- lor, and Bothwell, the Admiral, desired leave, to lodge, also, in the castle, but, were, peremptorily, refused ; as we know from the same Dispatches. But, by whose ad- vice, and ascendency, was this refusal given ? By Mur- ray's ; as we know, moreover, from Randolph : It would have been quite inconsistent with Murray's corrupt views to have admitted Huntley, and Bothwell, to lodge, in that stronghold ; as it would have disappointed his designs on the possession of it, in case of her expected demise. And, Bothwell was, by the same influence, soon after, sent to the English Borders, on the pretence of watching Morton, but with the real design of sending him out of the way. Where, then, was Bothwell's ascen- dency over the Queen, at that epoch of its origin ? The answer must be, that it did not exist. But, to obtain a complete view of those topicks of charge against the Scotish Queen ; and of Bothwell's conduct, from that epoch of crimination; we must enquire: 1. * Keith, 335 ; Robertson, i. 380. J.Earl Bothwell.'] THE SCOTISH QUEEN. 93 How Bothwell acted, before he became a conspirator with Murray's faction; 2 How Bothwell acted, as a con- spirator with Murray. 3. How he acted, as a paramour with Mary. 1. As to the first point : Bothwell was all his life op- posed, and maligned, by the English faction, in Scot- land, which as it regarded him, was the same as Mur- ray's faction : Bothwell, and Maitland, were, always, personal enemies; having a constant competition, for the same object, in the casualties of the Crown, within the Southern shires, where their several interests lay. Both- well returned, from France, to Scotland, in 1 565, during Murray's rebellion ; and he joined the Queen, who obliged Murray to seek refuge, in England. When Rizzio was murdered, for Murray's restoration, at the Queen's personal risque, Bothwell, with other nobles, joined her, at Dunbar ; and aided her, in returning to Edinburgh. The only promotion, which Bolhwell re- ceived, in the nature of reward, on those occasions, was the appointment of Keeper of Dunbar-castle, with a grant of the Castlewards, on the 24th of March 1565-6 :* After the Queen's restoration, upon the flight of Mor- ton, and his coadjutors, in assassination, Bothwell con- tinued to act, in opposition to Murray ; and Murray, in opposition to Bothwell. But, Murray had the Queen's ear ; and excluded Bothwell, from the Castle of Edin- burgh ; as we have seen. Murray, then, and not Both- well, had the ascendency over the Queen, in the months of April and May, June, and July, 1566, whatever Ro- bertson may, from system, assert. At the beginning of a Privy Seal Reg. xxxv. 14. VOL. III. H 94 THE LIFE OF [MEM. IV. Memoir of the subsequent month, when the Queen had retired to Alloa, Murray solicited the restoration of Secretary Maitland, which was opposed, by Bothwell, who hated the Secretary ; and an altercation ensued, in the Queen's presence : Yet, Murray's influence prevailed ; as the influence of Bothwell was infinitely inferior to Murray's ; whatever Robertson may suppose. 1 * 2. But, a great change was at hand. When the nobles could no longer endure the absurd conduct of Darnley, whom they proscribed, as intolerable, Murray conciliated Bothwell, who hated Darnley, and was hated, by him. c This then, is the true epoch of the conspiracy against Darnley, who was then condemned to the bowstring ; and when every body was to be conciliated, in order to form a wider concert against the King's safety. During the following months of October and November, Mur- ray completely gained Bothwell to his faction, and views, while Robertson supposes Bothwell to have gained an ascendency over the Queen. From the moment, that Bothwell, became attached to Murray's faction, he as- sumed what he was allowed, by that faction, a higher port in life, and a greater ascendency, in the state : And this assumption of arrogance, which was tolerated, by Murray, imposed upon the world, as if Bothwell had b Robertson's Hist. App. 435-6. Murray himself says, in his answer to the Protestation of Argyle, and Huntley, " that at the beginning of Octo- ber 1 566, he had subscribed a bond, with Huntley, Argyle, and Bothwell, which was devised, in sign of reconciliation, in respect of former grudges, and displeasures, that had been among us." Goodall, ii. 332. J. Earl Bothwell.'] THE SCOTISH QUEEN. 95 acquired an ascendency over the Queen, when he had only obtained the stately port of a conspirator with the ambitious Murray. It was during this period, when the Justice Ayres were held, at Jedburgh, that Bothwell was wounded, by Elliot, in Hermitage-castle ; that the Queen visited her lieutenant, at the same castle ; that she was taken ill of a dangerous sickness ; that she made a progress, when those courts had ceased, along the Tweed to Berwick ; thence along the Forth to Dunbar-castle ; and thence, after a few days of rest, and of business, removed to Craigmillar-castle, with her court, and ministers, and with Bothwell, the High Sheriff of the shires, through which she had passed : The State Papers evince, that in the same period, Murray conciliated Bothwell, for his own interest; and that Bothwell enjoyed the facilities and importance, arising from the favour of Murray, who was by far the most powerful person, then in Scotland, not even excepting the Queen's majesty. But BothwelFs concert with Murray was, equally, a conspiracy against the Queen, whose fate was involved, in that of her hus- band. It was, in Craigmillar-castle, after the Queen's return, from that progress, at the end of November 1566, that Maitland, in the presence of Murray, of Huntley, Argyle, and Bothwell, opened to the Queen the project, for separating her from Darnley, by a divorce if she would pardon Morton, and his friends. The Queen, at first, hesitated ; but, finally, refused to be divorced from her husband. On that occasion, Bothwell answered the Queen's objections, by saying, " that he doubted not, but the divorcement might be made, without prejudice, in any wise, to my lord the prince ; alleging the example of himself, that he succeeded to his father's heritage, 96 THE LIFE OF [MEM. IV. Memoir of age, without any difficulty, although there had been a divorce, between him, and his mother ." d This interpo- sition of Bothwell, and his obvious zeal, for the divorce of the Queen from Darnley, evince, that Bothwell had been now completely gained over to Murray's faction ; and entered, with intelligence, and energy, into Murray's various views of murdering Darnley, and giving the widowed Queen to Bothwell. When the Earls of Bedford, and Murray, and othernobles, solicited the Queen, for the pardon of Morton, and his associates, Bothwell, heartily, concurred, in favour of Morton.' As there never had been any friendship, between Morton, and Bothwell, this concurrence of Bothwell proves, that he was acting on that occasion, in concert with Murray against the King, and Queen, upon a settled plan. About the 30th of January 1566-7, Bothwell with Secretary Maitland, visited Morton, at Whittingham, soon after his return from England, in consequence of his pardon : f From Douglas's letter, and Morton's confession, we clearly know the object of that visit, to have been the solicitation of Morton's concurrence, in the project, which since the d Goodall, ii. 319. We know that fact, from the information of Bedford to Cecil : Robertson, mistakingly, says, that BothwelVs in- fluence alone obtained Morton's pardon : But, Elizabeth, on that occasion, was herself a host. f This very important fact, of which Robertson seems not to have been aware, is proved, by Drury's information to Cecil ; by Douglas's letter, in Robertson's App. ii. 528. No. xiv. j and by Morton's Confession, in Bannatyne's Journal . This fact demonstrates a conspiracy of three per- sons, for committing a treason. J. Earl Bothwell.] THE SCOTISH QUEEN. 97 1st of the preceding October, as Morton knew, had been, in the contemplation of Murray's faction, to take off Darnley : These three complotters, Bothwell, Maitland, and Morton, were all convicted of the Murder of Darn- ley. 8 Bothwell agreed to be the active person, in taking the life of Darnley; Murray's faction giving him assur- ances, in writing, that they would protect him ; that he should have the widowed Queen, in reward ; and that they would defend his innocence, and his marriage. 1 ' Bothwell, with others, did murder Darnley ; he was ac- cused by Lennox; he was ordered to be tried, on the 12th of April 1567; he was tried, and acquitted, by judges, and jurors, consisting of Murray's faction ; and Morton, and Maitland, stood by him, in court, and ar- ranged his defence. 1 A few days after, the same Morton, and Maitland, influenced a number of peers, and pre- 8 The records of their convictions evince the fact ; and the convictions demonstrate a conspiracy. Acta Parl. Hi. 5-10-58, 137, 227. Sir Lewis Stewart's MS. Collections. The previous conspiracy, and the subsequent convictions, prove the Queen's innocence of any foreknowledge of Darn- ley's death. h Bishop Lesley's Defence, 1569, p. 43-44-45 ; Keith, ch. xi. for the documents, and circumstances, which prove those facts ; and Jebb, i. 460-62-68-72-528, to the same points : The result of what they did, in fact, is the best proof of what they engaged to do. ' Camden asserts those facts ; JBelleforest, the author of " Innocence de Marie Reine tfEscosse," concurs in the same facts ; and Drury's letter to Cecil, from Berwick, on the 15th April 1567, three days after the trial, corresponds with both. 98 THE LIFE OF [MEM. IV. Memoir of lates, to declare Bothwell innocent ; to recommend him, by a writing under their subscriptions, to the Queen, as the fittest husband ; and engaged, by the same writing, to defend his innocence, and his marriage. j Thus strengthened, and encouraged, Bothwell on the 24th of April, four days after the true date of that recommenda- tory writing, marched out of Edinburgh, at the head of a thousand horsemen ; arrested the Queen, at the Foul- brigs ; forcibly carried her to Dunbar-castle ; and there, by violence, enforced her assent to marry him. The Parliament of December 1567, found, and adjudged Bothwell, not only to be guilty of the treasonable mur- der of Darnley, but of the forcible arresting of the Queen, and carrying her to Dunbar-castle ; and there, compel- ling her, by violence, to assent to marry him : k After J See that infamous writing, in Keith, 381-2. Such was the temper of those times, that nothing could happen, without some falsehood, or forgery, being annexed to it : On that occasion, there was a writing forged, with the usual facility of Maitland, signifying the Queen's consent ; that the lords should subscribe the recommendation of Bothwell ; but, the absurdity of this paper evinces its forgery. [ Whit- aker's Vind. ii. 370-1.] Morton signed the recommendation ; and nothing could have induced such an audacious man to do so, but his engagement to Murray, to execute the whole plan of the conspiracy, which required, as an essential point, that the Queen should marry Bothwell, without which they could not accomplish her dethronement. The Queen's own account of that transaction proves the forgery of what may be called the Queen's defeasance to the nobles, for sign- ing the recommendation. k Ada Parliament, iii, 5-1O. J. Earl Bothwell.] THE SCOTISH QUEEN. 99 that consent thus obtained, Bothwell brought the Queen to Edinburgh, who, like other Kings, and Queens, that are obliged to perform what they cannot refuse, submitted with the best grace, to what was thus forced upon her. Bothwell, by two several courts, the Papist, and the Protestant, was divorced, on the 5th of May, from his legitimate wife. The Queen avowed her purpose to marry him ; the banns were proclaimed ; ! a formal con- tract, for that end was entered into;" 1 and on the 15th of May, 1567 the Queen, and Bothwell, were publickly married, in the hall of the palace, after sermon, by the Bishop of Orkney ; n and again in the chapel of Holy- rood, according to the Popish ritual. The marriage was thus legal, and obviously voluntary, though her assent arose out of secret coercion, and imprisoned violence. Thus much, then, with regard to Both well's conduct to- wards the Queen, as a conspirator, and one of Murray's faction ! 3. Let us now inquire, how Bothwell acted towards the Queen, as a paramour, with a view to her heart, and hand. (1) If the facts, which have been just stated, under several distinct heads, and ascertained, as so many truths, be just; then, Bothwell never acted, as a paramour, at all ; and obtained, by the aid of Murray's faction, her hand, at least, by circumvention, and force : And so did 1 Keith's App. 192. m See it in Goodall, ii. 61, with a dozen witnesses, con- sisting of prelates, nobles, and officers of state : It was re- corded on the 14th of May, the day of its signature. n Keith, 38C. 100 THE LIFE OF [MEM. IV. Memoir of the first Parliament of K. James, which was called by Murray, the Regent, and managed, by Morton, the Chancellor, find, and adjudge, upon solemn trial." (2dly) In a question of this gallant sort, it is important, to as- certain, when Earl Bothwell ceased to be a single man, which was on the 22d of February 1565-6. (3dly) It is of equal importance, to ascertain when. Bothwell was supposed to acquire considerable influence with the Queen ? It was the same epoch, as that of her retirement into Edinburgh-castle, by the avowed advice of the Privy Council, though by the secret suggestions of Mur- ray. The only nobles, who were now allowed to lodge with her in the Castle, were her two brothers, Argyle, and Murray : Huntley, the Chancellor, and Bothwell, the hereditary Admiral, were refused to be admitted to the same privilege, though they asked for that accom- modation. P But, neither Keith, nor Robertson, had the least perception of the deep projects, which Cecil, and Randolph, on the one side, and Murray, and Morton, on the other, had formed, in contemplation of the Queen's miscarriage, perhaps, death from the accidents, that are incident to child-bed : Murray, by having the command of Edinburgh-castle, would have seized the crown, or the regency, according as the accident might have been ; and Ada Parliament, iii. 5-10. P Randolph wrote Cecil, on the 7th of June 1566, " The " Earls of Argyle and Moray lodge iu the Castle, and keep house together : The Earls of Huntley, and Bothwell, wished, also, to have lodged there, but were refused." Now ; does not this fact prove, how much more influence Moray, and Argyle, had, than Huntley, and Bothwell ? J. Earl Bothwell.'] THE SCOTISH QUEEN. 101 Randolph was ordered to remain at Berwick, ready to repair to Edinburgh, for supporting Murray's interest, with Elizabeth's money, and Cecil's intrigue. But, Robertson was so blinded, by his conceits of love, and gallantry, that he had not the least conception of the deep speculation of those artful men. And, Bothwell had so little ascendency, that he was soon after sent away to the Borders, as Lieutenant, on pretence of watching Morton, but, with the real design of having him out of the way, when such important events might happen. Thus idle was Robertson's system ! But, he is still more idle, when he adds, in his best manner : " Her gratitude loaded him with marks of her bounty ; she raised him to offices of profit, and of trust ; and transacted no matter of importance, without his ad vice." q As Mr. Laing asserts all those points, with i Hist. i. 382 ; and he quotes Melvill's Mem. a very inter- polated book, and Knox, a work still more interpolated, and false : In flat contradiction to Knox, Melvill, and Robert- son, I assert, that there is not one word of truth in what is said above. The Queen never loaded Bothwell with marks of her bounty ; she never raised him to offices of honour, and of trust ; and Bothwell never was her minion, like Mur- ray, who was the person, who was consulted, by her, even till his retirement to France. The fact is, that Bothwell enjoyed, by descent, from his father, the several offices of Lord High Admiral of Scotland, Sheriff principal of the three several shires of Berwick, Hadington, and Edinburgh, and Baillie of Lauderdale. To the Lieutenancy of the Bor- ders, not the Wardenship, Bothwell was appointed, by the Regent-Queen, in 1559, when her government was nearly 102 THE LIFE OF [MEM. IV. Memoir of amplifications, he is included with Robertson, in this clear refutation of the most absurd calumnies. If this advo- cate would have read Sir James Stewart's Answer to Dirlton's Doubts, he had learnt, that the admiralty of the whole kingdom had been granted, in 15 1 1, by James IV. to Adam, Earl of Bothwell, the grandfather of the notorious James, Earl Both well. King James was born, on the 19th of June 1567 ; the Queen's month was up, on the 19th of July, when she was advised, as she had no wheel-carriage, to take a jaunt by water, to Alloa- overpowered by Lord James Steuart, and his insurgents j and Bothwell was restored to the same lieutenancy, during Murray's rebellion, in 1565; and it was on the 24th of March 1565-6, on Rizzio's assassination, for Murray's resto- ration, that Bothwell was appointed Keeper of the Castle of Dunbar, and had a grant of the Castle- wards to the same be- longing ; as we know from the Privy Seal Record, xxxv. Bothwell never was appointed Captain of the Castle of Edin- burgh, as we may infer, from the silence of the records ; and Cockburn of Skirling succeeded Lord Erskine, in March 1566-7 ') Q s we may learn from Birrel ; and from a receipt in the Wardrobe accounts : Sir James Balfour succeeded Cockburn, when he was appointed comptroller, in June 1567; so that there was no room, for Both well's appoint- ment. Bothwell was, indeed, appointed of the Privy Coun- cil, on the 6th of September J561, under the ministry of Murray. Keith, 187- The Queen, no doubt, consulted Both- well, when she refused to let him lodge in the castle ; and when she sent him out of the way to the borders, to watch Morton. The late peerage writer, in the article Bothwell, repeats the whole fictions, and impertinences, of Robertson, and Lajng. J. Earl Bothwell.'] THE SCOTISH QUEEN. 103 house, the hospitable seat of Lord Erskine ; attended, by his lordship, by Murray, her minion, by Bothwell, her hereditary admiral, and by other courtiers, and ladies. Darnley, in his usual style of folly, would go by land/ Speaking of this period, Robertson says, the Queen continued to treat Darnley, with indifference and neglect : The historian was so absurd, as to make Cas- telnau, the French Ambassador, " prevail on the King " and Queen, to pass two nights together :" And, in this strain, he makes " Bothwell, all this while, the Queen's prime confident, without whose participation no business was concluded, and no favour bestowed." Mur- ray never lost his influence over the Queen, when he was with her ; and Bothwell never had much, when he was present, or absent. It was, at Alloa, that Secretary Maitland, was first admitted into the Queen's presence, since his participation, in Rizzio's murder, on the solici^ r " On the 20th July, or thereby, Q. Mary fled the King's company, and passed, by boat, with the pirates, to Alloa, where the King coming was repulsed." Anderson's Col. ii. 269. This is Buchanan, and Murray' s forged journal. The King, and Queen, remained, as we know, from record, at Edinburgh, on the 24th, 25th, 26th, and to the 27th of July, which was the day of her voyage to Alloa. There was a Privy Council held, at Alloa, on the 28th. And the King, Queen, and her court, returned to Edinburgh j as we also know, from record. They remained at Holyrood-house, on the 31st of July. And on the 1st of August they returned to Alloa, where they remained two, or three nights : And, they finally came back to Edinburgh, on the 4th of August 1566. 104 THE LIFE OF [MEM. IV. Memoir of tation of Murray ; and first received a pardon from the Queen's beneficence, " by means of the Earl of Athol," says Keith, " though much against the inclination of the Earl of Bothwell." 11 After aft those facts, and circum- stances, we may now ask Robertson, What ascendency over the Queen's counsels could Bothwell have, at that particu- lar period ? l The answer, according to the fact, must be, none. This sway, or rather no sway at all, of a married man, over a married woman, of an Earl of no fair fame, over a Queen, the historian endeavours to prove, by argument, rather than, by testimony. Even after four months ex- asperation, we may see the Queen, at the Craigmillar con- ference, firmly refuse to be divorced from her husband, and decidedly dissent from any measure of that nature, Keith, 334. * My Lord of Murray, and Bothwell, said the Earl of Bedford, have been at evil words, for the Laird of Lething- ton, [at Alloa] before the Queen j for he, and Sir James Balfour, had now come from Lethington, with his answer upon such heads, or articles, as Bothwell, and he, should agree upon ; which being reported to the said Earl, [Both- well] " in the Queen's presence, made answer, that ere he " parted with such lands, he should part with his life." My Lord of Moray said, stoutly, to him, " that twenty as honest " men, as he, should lose their lives, ere he reafte Lething- " ton. The Queen spake nothing, but heard both j in these " terms they parted ; and since, that I hear of, have not " met." Robertson's App. 435-6. She communicated to my lord of Murray that money had come from the Pope, though it appeareth not by whom, or how much. Id. Even this last intimation would prove, that it was Murray, and not Bothwell, who enjoyed the Queen's confidence. J. Earl Bothwell.] THE SCOTISH QUEEN. 105 that would either stain her honour, or blot her conscience, whatever influence, Bothwell, with all his ascendency, could exert, or persuasion, that Maitland could use. u We now perceive strong facts stand opposed to very weak argumentation. After the altercation before the Queen, between Murray and Bothwell, on the 2d of Agust, at Alloa, when Bothwell sunk under the influence of Mur- ray, we hear little of Bothwell, and still less of his gal- lantries with the Queen. The fact is, that he continued the two subsequent months, at daggers-draw, both with Murray, and Maitland, whose pardon both Bothwell, and Darnley had opposed. The first of October 1566, then, must be considered as the epoch of a great change, in Bothwell's connections, and destiny : He now became one of Murray's faction ; and looked forward to the murder of Darnley, and the marriage of the Queen, by Murray's means; while he was hated, by Murray, Maitland and Morton, who after using him, as a cats-paw, made him a scape-goat. If there be a pe- nury of love, in the article just stated, we shall, per- haps, find an abundance in the next. The Queen's purpose had been early given out, by proclamation, to hold Justice-courts, at Jedburgh, where she arrived on the 9th. It was soon known, that Bothwell, the Lieutenant, had been wounded, on the 8th. On the 16th she rode to Hermitage, to visit him; and re- turned, the same day, to Jedburgh. On the 17th she sent a mass of papers to Bothwell ; and was taken, dangerously, ill, on the same day. It has, generally, been supposed, that fatigue, from such a ride, anxiety u Goodall, ii. 319-20. 106 THE LIFE OF [MEM. IV. Memoir of for Both well, whose hand was sore hurt, was the occa- sion of her distemper. The same persons, who make those suppositions, may, also, suppose, that the mass of writings, for carrying which the treasurer paid six shil- lings, consisted of love-letters, amorous sonnets, and marriage promises : On the contrary, it may, reasonably, be supposed, that the mass of papers contained proofs of the intrigue of the borders, not only against the Lieutenant, but of Morton, among the border tribes, against the Queen's authority : And a dish of vexation, as we know, always gave the Queen a fit of illness. But, Mr. Laing will at length show us Bothwell, in a situa- tion of gallantry, rather than of conspiracy : " The pre- " parations, for the ceremony of the baptism," says he, " and the reception of the foreign ambassadors, were '* consigned to Bothwell."* This then is asserted, with- * Dissert, i. 20. For that groundless assumption, Mr. Laing quotes Keith's Preface, vii. which says nothing to the purpose j Robertson, ii. 435, which tells, how Murray put Bothwell down, in the Queen's presence ; and Melvill's Mem. 77, which says, in interpolated language : " In the " meantime, the Earl of Bothwell ruled all at court ; having " brought home the banished lords, and packed up a quiet " friendship with the Earl of Morton." Bothwell ruled all at court, when Murray was not present ! It is not true, that Bothwell brought home the banished lords ; as we know from Bedford's information to Cecil. The passage contains nothing about what it was quoted, to prove : So that Mr. Laing's assertion is mere assumption. It is not quite certain, that Bothwell was at the baptism : But, what he may have taken upon him was owing to the connivance of Murray, and his agents, whose tool he was. /. Earl Bothwell.] THE SCOTISH QUEEN. 107 out any authority, and feigned, contray to the fact. What I have said of Dr. Robertson, may, with still more truth, be asserted of Mr. Laing ; let him have his insinuation, his falsehood, and his forgery, and he will easily prove any woman guilty of any crime. Bucha- nan took a yet higher flight into the regions of fiction than even Mr. Laing : He makes the Queen busy her- self, in bestowing both money, and labour, in making Bothwell appear the most magnificent among all her nobles, and princely guests, at her son's baptism :/ But, we know from record, that Bothwell was not present at the ceremony of the baptism, which, as a gallant man, he ought to have attended, with Athol, and four other nobles : z Yet, Bothwell may have been present with Murray, and others, at the entertainments : He, cer- tainly, concurred with Bedford, Murray, and other nobles, in soliciting Morton's pardon. A few days after the baptism of the prince, says Robertson., Morton, and all the other conspirators against Rizzio, obtained their pardons, and had leave to return to Scotland : Mary, who had hitherto continued inexorable to every other entreaty, yielded, at last, to the solicitations of Bothwell* y The accounts of the Treasurer contain no charges, for money, or furnishings, to Bothwell, on that, or, indeed, any other occasion. This record, then, is decisive of Buchanan's falsehood. z Goodall, i. 319-20. a Hist. i. 402. But, Robertson is contradicted, by a letter from Bedford to Cecil of the 30th of December 1566, from Hallyards, in Fife ; giving him notice of Morton's pardon ; and informing him, that he had exerted himself, as he had been instructed, with Murray, Athol, and all other 108 THE LIFE OF [MEM. VI. Memoir of Why ; Robertson, if his eyes had not been shut by pre- judice, might have perceived Queen Elizabeth's claim to the sole honour of obtaining Morton's pardon. b And if his understanding had not been clouded, by ignorance of fact, Robertson would not have attributed to the same motive the Queen's proclamation, for revoking the Archbishop of St. Andrew his restoration of his ancient jurisdiction : The motive, says the historian, which prompted Bothwell, to whose influence over the Queen this action must be chiefly imputed, was still more crimi- nal. Now, let us hear what the Earl of Bedford wrote to Cecil, on the 9th of January 156G-7, after his return, from Edinburgh, to Berwick: The Bishop of St. Andrews had of late obtained, under the Queen's hand, authority to use a certain jurisdiction, in divers cases, according to the canon laws ; and meant, therefore, to have erected " his court, at Edinburgh, which, because it was found the lords, with the Earl of Bothwell, in Morton's favour We thus see, that Bothwell only concurred, with others : But, why did he concur ? Because Bothwell was now acting in a concert of conspirators, for the death of Darnley, and expected the aid of Morton ; in which he was not disap- pointed. b See her letter to Throkmorton, her agent at Edinburgh, dated the 27th of July 1567= " The Earl of Morton/' says she, " had refuge in our realm, whence we might have deli- " vered him to death j and he himself was restored to his " pardon, for gratifying us, upon instance made, by our " order, at the Earl of Bedford being with the Queen of " Scots." Keith, 429. c Hist. i. 4O4 ; where Knox is quoted for his authority : But, no authority can justify falsehood. J. Earl BotkwelL} THE SCOTISH QUEEN. 109 <( to be contrary to the religion, and therefore not liked " of, by the townsmen, at the suit of my Lord of Murray, *' the Queen was pleased to revoke that, which she had " before granted to the said bishop." J We thus see, that Bedford, who, no doubt, had his information, from Murray, contradicts both Robertson and Knox, in at- tributing that measure to the influence of Bothwell, who had nothing to do with it ; and could not have produced it, if he had wished it. Robertson follows the delusion of Buchanan, in sending Darnley to Glasgow, after the pardon of Morton, which he had opposed, where he was taken with a dangerous distemper, even before he could reach Glasgow, from which his life was in the ut- most danger, when her neglect was quite equal to his, when she lay so ill, at Jedburgh. 6 Now, mark, how a plain tale shall convict Buchanan of falsehood, and Ro- bertson of ignorance. The Earl of Bedford, who left Edinburgh, on the 6th of January 1566-7, on his return to Berwick, wrote to Cecil, on the 9th, " that Darnley " lay sick of the small-pox, at Glasgow, and that the " Queen had sent her own physician, to attend upon " upon him." f But, Robertson goes on, to talk of Mary's d That unpublished letter of Bedford is in the Paper Office. e Hist. i. 405-6. f Bedford's unpublished letter is in the Paper Office. Drury, the Marshal of Berwick, on the 23d wrote to Cecil, " that the small-pox beginneth to spread, from Glasgow, " and that he heard the Queen intended to bring Darnley " to Edinburgh, as soon as he should be able to stand the cold " air." Birrel says, in his Diary of the 13th of January, VOL. III. I 110 THE LIFE OF [MEM. IV. Memoir of dissimulation, which he proves, by what he presumes to call two of her famous letters to Bothwell, which were written to him, during her stay at Glasgow, and lay open this scene of iniquity, when Bothwell had so far suc- ceeded, in his ambitious design, of gaining an absolute ascendant over the Queen. s Thus does the historian romance, in the face of two publick records, which prove, that the Queen still remained, at Edinburgh, while he makes her write two pretty long letters, from Glasgow. 1 * " The two first of her letters to Bothwell," says Laing, " were written at Glasgow, on Friday night, and Satur- " day morning : w [Friday was the 24th and Saturday the 25th of January, when the Queen was, at Edin- burgh, or on the road to Glasgow.] From the date of Morton's pardon, on Christmas eve, says Laing, Both- well, and Maitland had attended the Queen, till her return to Edinburgh, on January 14th. k It is not proved, that Bothwell was at Stirling, during the festivities of the baptism, though the fact may be inferred, from Bedford's letter of the 30th of December, which speaks of Bothwell's assisting, in the solicitation of that pardon : " K. Henry was lying sick, in Glasgow, of the small-pox ; " but, some said, he had gotten poison." This, then, is the historical fact : He had the small-pox ; but, Murray's fac- tion said he was poisoned. & />. 408. h The Privy Seal Register, and the Register of Signatures, both prove, that the Queen remained, at Edinburgh, on the 24th of January, while letters were forged, at Glasgow, for her, on the 22d, 23d, 24th, and 25th, of the same month. ^Here, is an alibi, then, which falsifies Robertson's assertion. 1 Dissert, i. 27. k /d. J. Earl Bothwell.^ THE SCOTISH QUEEN. lit But, when Laing says, that Bothwell was with the Queen, at Stirling, on the 2d of January, and in conti- nuation, till the 14th of January, he not only asserts, without proof, but writes contrary to proof: The Privy Council Register evinces, that Bothwell was not, at Stirling, on the 2d of January 15G6-7; that Bothwell was not there, on the 10th of January, when an act was passed, for the support of the new ministers, in towns. 1 We thus may perceive, that if Robertson may feign, and Laing may falsify, they can prove any crime, on any person. Thus are we assured, by Murray's journal, " that the Queen took her journey towards Glasgow, on the 21st of January 1566-7; and was ac- companied with the Earls of Huntley, and Bothwell, to the Kalendar, Lord Livingston's place. On the 23d the Queen came to Glasgow ; the Earls of Huntley, and Bothwell, returned, the same night, to Edinburgh.""" 1 Now, let us trace Both well's movements, at that critical period ; in order to see, how far, he could have been present, in his attendance upon the Queen. He was not with her, at Stirling, on the 2d or 10th of January ; as we have just seen. And the probability is, that he was not with the Queen, on the 21st of January, 1 See the Act of Privy Council, in Keith, 570 j Murray, and Maitland, were present, but not Bothwell, who had other objects to attend to. He met Morton, at Whittingham, about the 20th of January, 15CJ6-7* to concert the King's murder. m See the Journal in Anderson's Col. ii. 271. Which journal, with a lie, in every line, Mr. Laing undertakes to authenticate. See his App. ii. 85. 112 THE LIFE OF [MEM. IV. Memoir of 1566-7." We have thus seen, that Bothwell was then, in attendance upon Morton, and not upon Mary. Such, then, was the weakness of the proofs of his being a paramour : such the strength of the proofs of his being a conspirator in crimes, which involved the Queen's ruin ; and such the absurdity, of supposing a woman, and a Queen, would write love-letters, and love-sonnets, to a conspirator, who did not woo her to wed ; as a powerful n In the beginning of January 1566-7, says Birre!, " the " Earl of Morton, and his accomplices, were relaxed from the horn [were pardoned], for the slaughter of David Ri- zius :" They then obtained their pardon, and release j but, they did not immediately quit Berwick. Drury informed Cecil, that they still remained there, on the 10th of January 1566-7. On the 23d of the same month Drury again in- formed Cecil, ' ' the Lord Morton lieth, at the Laird of Whit- tiugham'sj where the Lord Bothwell, and Ledington, [Maitland] of late came to visit him." Arch. Douglas's letter in Robertson's App. ii. 531, shows, why they visited Morton at that time. The confession of Morton, in Bannatyne's Journal, avows the same criminal object of their guilty visit, namely, to engage Morton in the conspiracy, for the murder of Darnley. Those three complotters were all convicted of the murder of Darnley, and punished : The very conviction of the three evinces a conspiracy ; and being thus concerned, in a treasonous conspiracy, the complotters were all equally guilty. The reader now sees, that Bothwell, in the month of Janu- ary 1566-7, was very differently employed, than in attending upon the Queen to Kalendar, or any where else. " The date of that interview must be fixed," says Laing, " at the period of her absence at Glasgow." Bothwell being thus engaged in such a conspiracy could not have acted as a pa- ramour, at the same time, in daily attendance on the Queen. J. Earl Bothwell.-] THE SCOTISH QUEEN. 113 faction had engaged to give him the queen, in reward for murdering her husband, whether she herself would or would not. The date of that interview must be fixed, says Mr. Laing, at the period of her absence, in Glasgow, when Bothwell was employed to provide a house for her husband's reception." The date of that treasonable in- terview was, obviously, between the 10th and 23d of January 1566-7 ; as we may learn from Drury's infor- mation to Cecil. But, he gives no proof of his asser- tion, that Bothwell was employed to provide a house, for Darnley's reception. This assertion is an additional proof of what has been already intimated ; if Laing be allowed his falsifications, he can easily prove any woman guilty of any crime. He asserts, that Bothwell was em- ployed, when the Queen was absent, in Glasgow, to provide a house, for her husband's reception. The em- ployment of Bothwell, on such a business, is asserted, without any authority ; and it is asserted falsely : Both- well knew what house the king would lodge in, without being employed in providing it ; as he knew all the Queen's movements, from his intimate complotter, Mr. Secretary Maitland. The house, which was probably pointed out, by the Queen's physician, as the fittest, for an infirmary, was the lodging of the Provost of the col- legiate church of Kirk-a-field, which came into possession of Robert Balfour, as Provost, in the room of William Pennycuick, only two months before.* It is a fact in- controvertibly certain, whatever Robertson, and Laing, may say to the contrary, that the Queen, and her hus- Dissert, i. 29. * Privy Seal Reg. xxxv. 95. 114 THE LIFE OF [MEM. IV. Memoir of band, were reconciled, when she went to bring him to Edinburgh ; and Darnley did not want any persuasion to accompany her to Edinburgh; as we know from Drury's information to Cecil. q The Queen brought him to Edinburgh, on the 31st of January 1566-7 ; as we know from Birrel's Diary, a better authority, than Bu- chanan's Diary, for Murray's guilty purpose. Yet, on the base authority of this obvious forgery, does Mr. Laing assert, that the conspirator, Bothwell, whom she met on the road, from Kalendar to Edinburgh, escorted her and Darnley, to Edinburgh/ The house, says Mr. Laing, was blown up in the air ; the dead bodies of the king, and his domestick, were found, at some distance, untouched, by the powder : And he was murdered, by Bothwell, on the 10th of February 1566-7 :' And, he i See the App. No. vi. to Darnley's Mem. for the proofs of the reconcilement of the king, and queen, during his illness. r Dissert, i. 29. The dissertator again asserts, that as the Provost's house must have been provided, under the Queen's direction, during her absence, at Glasgow ; not by Murray, or Morton j but by one, whom she durst not afterwards ac- cuse of the murder ; and Bothwell alone stood in that situa- tion : The malignity of this is obvious, but not the sense : Would not a letter, from the Queen's physician, in her name, to Robert Balfour, secure the house, as a temporary in- firmary ? Would not a letter, from the same physician, to the Queen's chamberlain, or housekeeper, induce them to put some furniture and bathing-vats, into the house ? We now see, that Mr. Laing's assertion, and argument, on this subject of Bothwell's providing the Provost's house, are equally groundless, and impertinent. Dissert.^. 36. J. Earl Bothwell'} THE SCOTISH QUEEN. 115 might have added, with the concurrence of Morton, and Maitland, and the approbation of Murray, But, at the period, when Mr. Laing came before the publick with his history, and preliminary dissertation, it was no longer an object of inquiry, who murdered the wretched husband of Queen Mary : The three chief conspirators, Morton, Maitland, and Bothwell, their instrument, had been con- victed of the murder: Their several convictions were recorded in the archives of Scotland. And they had even been confirmed by successive Parliaments. Yet, those convictions remain all unknown to Dr. Robertson, and Mr. Laing. At least, they inquire, think, and write, as if they had never heard of such convictions, whatever might be their importance : Of course, when Laing had finished his Inquiry, he copies Robertson's Dissertation, in deducing two conclusions opposite to each other : The first is, that Murray, and his associates, planned the con- spiracy, and instigated Bothwell, as a cat's-paw; the se- cond, that it was perpetrated, by Bothwell alone, with the Queen's consent : He very easily rejects the first ; and comes, naturally, to the second, that the murder was planned, and executed, by Bothwell, with the Queen's approbation, which conclusion, he adds, is confirmed, by every circumstance, in his preceding detail. This may be true ; yet, the Queen may be perfectly innocent : For, if his preceding detail consist merely of assertions, and insinuations, of fictions and falsehoods, of forgeries and frands, such a detail, only, involves the inquirer in dis- grace ; but does not fasten guilt upon innocence. Why were not the records of Scotland searched, for those three convictions, of Morton, Maitland, and Bothwell ? The answer must be ; Because the three recorded convictions demonstrate a concert ; and the concert equally evinces 116 THE LIFE OF [MEM. IV. Memoir of a conspiracy of nobles ; and what conspiracy of nobles was there, in Scotland, during Mary's reign, of which Murray was not the chief ? Why was the important fact of the visit, which was paid, by Bothwell, and Secretary Maitland, to Morton at Whittingham, slurred over, by this inquirer ? The answer must be, that Mr. Laing, being an advocate, knew that the meeting of three such men, for the avowed object, of agreeing on the plan of taking off the king, was an act of high treason : and the consultation, at Whittingham, establishes a concert, for the commission of a treason, which involves Murray, and his faction, in that guilty transaction, of which he knew the beginning, approved the progress, and profited, from the end of the whole conspiracy, from the Queen's de- thronement, and his elevation to rule, in her room. Dr. Robertson undertook to prove the Queen's guilt, by showing the great ascendency of Bothwell over the Queen's inflammable heart : Is not this very absurd ? It has been proved, as a most important fact, that while the Queen waited the period of her parturition, in Edinburgh- castle, Bothwell was excluded from it, by Murray's in- fluence over the Queen. It has been shown, as another fact of great importance, that an altercation ensued, be- tween Murray and Bothwell, at Alloa, on the 2d of Au- gust, in the Queen's presence, on the subject of Secre- tary Maitland's pardon, when Bothwell, again, sunk under Murray's influence. We thus have seen, that Ro- bertson's theory of Bothwell's ascendency over Mary was visionary. The historian, indeed, endeavoured to prove his point, by particular instances of his influence ; but, I have shown, by incontrovertible documents, that his several instances are as false, as his theory is foolish. Yet Mr. Laing follows the doctor, throughout, J. Earl Bothwell.'] THE SCOTISH QUEEN. 117 " The devious paths, where wanton fancy leads." By insinuation and assertion, by the use of fictions and forgeries, by supposing what he ought to prove, and slurring what he cannot disprove, he endeavoured to prove the constant devoirs of Bothwell to Mary; while Bothwell was only continuous in his concert with Mait- land, Morton, and Murray. I have followed Mr. Laing throughout his various artifices ; and have shown the truth of Dryden's remark, " That little souls on little shifts rely." I have proved, what all experience verifies, that the con- spirator and the courtier are irreconcileable characters : I have shown Bothwell very busy, as a conspirator, but very inattentive, as a courtier. And when we see him go out, at the head of a thousand horsemen, with the written engagement of the prelates, and nobles, in his pocket, to seize the Queen, on the high road ; to carry her forcibly to Dunbar-castle ; to compel her assent to marry him ; in what character are we bound to consider him, as a conspirator, or a courtier ? The Parliament of December 156? answered that question: They found, and adjudged Bothwell guilty, as a traitor, for having committed on the Queen's noble person the facts, just mentioned. 1 And that adjudication of Murray's Parlia- ment, upon those several points, precludes the idle theo- ries, of Dr. Robertson, and Mr. Laing, their absurd deductions, and nefarious crimination of an innocent woman : Indeed, when it was once settled, that Mur- ray's faction were the real murderers of Darnley, with 1 Acta Par/. Hi. p. 5-10. 118 THE LIFE OF [MEM. IV. Memoir of Bothwell for their guilty tool ; when it was once establish- ed, that Bothwell obtained the Queen in marriage, from the artifices, and violences, of Murray's faction, the whole question, with regard to the ascendency of Bothwell over Mary, mounts into the moon. the Regent Murray.'] THE SCOTISH QUEEN. 119 MEMOIR V. Memoir of the Regent Murray. WHEN James V. was wallowing in the enjoy- ments of illicit love, little did he reflect, in how many difficulties he would involve his crown, and people, and family, by his guilty conduct. Flis grandson James VI. lived to see those effects distinctly : And, in his Basilicon Do?*on, he held up, in a striking light, to the intelligent eyes of his son. Henry, how much the royal family had suffered, and the legitimate govern- ment had been disgraced, by the ill choice of his great-grandfather, when he followed the pur- suits of passion, rather than submit to the dic- tates of policy. The most enterprising of the many illegiti- mate children of James V. was his son, James, by Margaret, the frail daughter of John, Lord Erskine : And this bastard boy was born, in the beginning of the year 1530-1 ; as we learn from the King's epistle to Paul III.' The first pro- u It was dated, at Falkland, on the Kalends of March 1537-8, when his son, James, was said, by him, to be then going in the seventh year of his age. 120 THE LIFE OF [MEM. V. Memoir of vision, which his imprudent father made, for this spurious son, was, by a grant of the Barony and Castle of Tamtallon, that had been already settled on an elder bastard of the same name, from whom it was now taken, as he was better provided for, by the gift of the two several Abbeys of Kelso, and Melrose. It is unneces- sary to state how much James V. disgraced himself, and degraded his government, by plac- ing so many bastard boys, at the head of such religious establishments. Yet, in pursuance of that fatal policy, in 1538, he conferred on his son, by Margaret Erskine, the rich Priory of St. Andrews, while he was not yet seven years of age. x This infant Prior, or Commendator, was educated at the University of St. Andrews, where he resided, as a student, at the prema- ture demise of his father, in December 1542. T * The King, at the same time, appointed Alexander Miln, the Abbot of Cambuskenneth, and President of the Court of Session, to administer the spiritual, and temporal concerns of the Priory of St. Andrews, during the non-age of this favourite eon. [Epist. Reg. Scot. ii. 72. James V. letter to Paul III. dated the 6th June 1540. * This boy is described, in the College Register, under the year 1544, as " Dominus Jacobus Stuart, junior, Jilius quon- dam illustrissimi Jacobi quinti Scotorum Regis, Cccnobite Divi Andrea, Commendatoriu$," as a student of three years stand- ing, who had a right to vote : He took no degree at the the Regent Murray."] THE SCOTISH QUEEN. 121 We hear nothing of his learning : And we may presume, that he was born with a stronger pro- pensity for action, than for study. On the de- mise of his father, the young Prior would re- treat to his mother's residence, in Lochleven ; and she might wish to detain him, from his useful studies, at St. Andrews." university ; at least, there is no notice, in the register, of such academick honours, when he was thirteen, or fourteen years of age. In the Treasurer's Accounts of September 1538, there is a charge, " for expences disbursed on Lord James, now Prior of St. Andrews, for a black velvet coat, for black browderit velvot to begary it j in all worth ^"25." These articles were sent to St. Andrews. In January 1538-9, there were charged, in the same accounts, for clothes, sarkes, and sheets, to the Lord James, at St. Andrews. In March, and May, there were other furnishings, to the two Lord Jameses, at St. Andrews. In April, and May 1540, there were, then, at St. Andrews, four of the King's bastard sons : And there were then sent them to that seat of learning, eight pair of hose, and four black bonnets. In June, there were other articles sent to those boys : There were, moreover, clothes furnished to Thomas Dury, cuke to the Lord James, the Prior of St. Andrews. [Treasurer's Accounts.'] * In the Treasurer's Accounts of the llth of June 1543, there appears a payment to Robert Heriot, messenger, passing with letters, to charge the Laird of Lochleven, the husband of the boy's mother, to deliver the Commendator of St. Andrews. As the law knew nothing of this bastard, it was not easy to discover, by what authority, if not by that of Abbot Miln, the Governor issued that charge to deliver him. 122 THE LIFE OF [MTEM. V. Memoir of Meantime, the seeds of ambition, which na- ture had scattered in his mind, began to sprout ; and he was thus induced, by his propensities, to cultivate useful connections, by engaging some of the ablest, and busiest men, in Scotland, for his particular service : He, also, wished to tra- vel ; that he might enlarge his views of the world. The Parliament of Hadington, which met, in July 1548, having determined to send the Queen to France, for the security of her person, from open violence, and secret machi- nations, induced the Commendator, to think this a good opportunity, to pass into France, with his accustomed retinue of political asso- ciates: 1 Andrew Wood of Largo, who with his son, John, continued through life, a de- voted adherent of the Prior, was, in 1562, ap- pointed the Collector of the Queen's Thirds of Benefices, in Fife, by his present protector, who His license was granted, on the 9th of July 1548, to pass to France, to " the Sculis, and study, and to do other his lawful business." Pitscottie says, that James, the Prior of St. Andrews, went to France with the young Queen, in 1548. As perpetual Commendator of the Priory of St. Andrews, he issued a summons, on the 15th of March 1549-50, against Mr. John Rowl, the Prior of Pittenweem, which was a cell, or dependency of the Priory of St. Andrews. [MS. extracts from the Register of St. Andrews.] the Regent Murray '.] THE SCOTISH QUEEN. 123 had at length become the Queen's minister ; k (2) Robert Colville of Cleishe, who was a bas- tard son of Sir James Colville of Easter Wemyss, and had obtained, from his father, the lands of Cleishe : He again went to France, with the Prior, in 1550 ; and being a zealous innovator, became the Master of the Household to the Prior : and following him into the field, he was slain, at the siege of Leith, on the 7th of May 1560 : c (3) Patrick Myrton, the Archdeacon of Aberdeen : (4) Patrick Cockburn, parson of Petcoks, in East Lothian, who was an author by profession ; and he again went to France with the Prior, in 1550 : d (5) John Wood, the vicar of Largo, soon after became the Prior's secretary, in which station, he became noto- rious, for his attachment to the Prior, and for his enmity to the Queen ; he was appointed, by b Collector's Accounts, in the Register-house, at Edin- burgh. Robert Colville, who thus sacrificed his life to his zeal of innovation, or his attachment of interest, was the proge- nitor of the Lord Colville of Ochiltree. d He dedicated his book, " De Vulgari Sacra Scriptures Phrasi," to the Prior, in May 1552. Cockburn published some other religious works. But, they were all prohibited by the Pope : Cockburn became the first Protestant minister of Hadington : But, in 1564, and 1565, he was complained of, for not attending the general assemblies of the church. Keith, 535, 540. He was not a thorough-paced reformer. 124 THE LIFE OF [MEM. V. Memoir of his master's influence, when Minister of Scot- land, one of the Senators of the College of Jus- tice; he was concerned, as we have seen, with Buchanan, in fabricating a declaration, for the attainted Paris, which is disgraceful, for its con- tradictions, and odious for its falsehoods ; Wood died by the vengeful hand of the Laird of Reres : (6) Patrick, the Master of Lindsey : He was, however, on the subsequent day, di- rected, by the Governor, not to depart the kingdom : this person married the sister ute- rine of the Prior ; and succeeding his father John, Lord Lindsey, in 1563, became notorious for his zeal of innovation, and violence of mea- sures : He was one of the principal assassins of Rizzio, and one of the conspirators, who compelled the Queen to resign her crown ; and afterwards swore, that she had resigned it voluntarily. Such then, were the political associates of this* youthful Prior, who, according to Robertson, soon became disgusted with the indolent retire- ment of a monastick life, as if he had ever been confined to a monastick life. Among the respectable persons, who at- tended the infant Queen to France, were the Commendator's grandfather, John Lord Ers- kine, and his uncle, John Erskine, the Prior of Inchmahom, who became Lord Erskine, Earl the Regent Murray.] THE SCOTISH QUEEN. 125 of Mar, and in 1571, Regent of Scotland. 6 We may from those circumstances infer, that the youthful Commendator went, on that oc- casion, to Paris, on a jaunt of pleasure, more than, for the instruction of the sculis. Those early notices of so distinguished a person are, certainly, instructive ; particularly, as he is sometimes confounded, with another bastard brother of the same name, who was Prior of Kelso, and Melrose: as we have seen/ The Prior, however, seems not to have re- mained long, at the sculis of France. He was, certainly, present, in the Council of the Scoti- can Church, which was assembled, at Edin- burgh, for reformation, in 1549, when he was scarcely eighteen. 8 The Comraendator very early felt the movements of love, as well as the incitements of ambition. On the infant daughter of John, e Privy Seal Reg. xxii. fol. 16-17. f See Lodge's Illustrations, whose mistakes have been copied into other works of a similar kind. This James Stewart died, in September, or October 1557. [Privy Seal Reg. xxix. 7 ] 8 Wilkins's Cone. i. p. 28 : and Sir David Dalrymple's Councils. Among the abbots, and priors, who sat, in that as- sembly, was " Jacobus Prioratus Ecclesialis Primatialis Sti. Andrea, Commendatorius." VOL. III. K 126 THE LI? OF [MEM. V. Memoir of the master of Buchan, the Commendator cast his prudent eyes, as a convenient match : And, upon the 16th of January, 1549-50, he en- tered into a contract of marriage, with James Steuart, the lady's uncle, though her grand- father, the Earl of Buchan, was still alive : This contract was never fulfilled, by the Commen- dator ; but, under its cover, he contrived to deprive the heiress of her inheritance ; as we know from the records. Having assisted, at the Ecclesiastical Coun- cil of 1549, in passing some Acts of Reforma- tion ; and entered into that contract, he again went to France, in September 1550, when not yet nineteen, " for dressing some affairs of the Queen," and her realm. h He was, again, ac- companied, by various dependents, who could each support him, by their advice, or arms, by their words, or writings. They were : John Rowll, the Prior of Pittenweem ; William Law- der of Hatton ; l Dean John Winram, the Vicar h For that effect, there was a license granted to him, his servants, and friends, on the 6th of September 1 55O. 1 Lawder was a zealous innovator, and a constant adhe- rent of our Prior, through his various conspiracies, and adven- tures. He engaged in the assassination of Rizzio, and the imprisonment of the Queen, for Murray's behoof ; and was pardoned, for those treasons, by Murray's influence. [Privy Seal Reg. 7th July 1566.] the Regent Murray.'] THE SCOTISH QUEEN. 127 of Don; k Mr. John Douglas, the Parson of Newlands, who, under the corrupt regency of Morton, rose, by his arts, to be Archbishop of St. Andrews ;' Patrick Cockburn, the Parson of Petcokis ; David Henryson, the Vicar of Rossie : Henry Douglas the younger, of Drumgarland ; Alexander Erskine, the son of John, Lord Ers- kine, and uncle of the Prior ; Robert Colville of Cleishe, before mentioned ; John Forret ; Ro- bert Wynram, in Ratho ; James Somerville, in Humby ; m David Orme ; and Bartholomew Livingston. Such then, were the characters, who accompanied our ambitious Commendator to France, on the Queen's affairs." What business the Prior dressed, or undress- ed, for his sister, and Queen, in France, it is not easy to discover. He, no doubt, acted more for himself than the Queen, his sister ; as we may infer, from the list of his attendants. k Winram was an early innovator, while Subprior of St. Andrews ; and filled that seat of learning, with his prin- ciples. 1 He was a bastard of Robert Douglas of Langnewton ; was originally a Carmelite friar ; then Parson of Newlands ; Chaplain to the Earl of Argyle j an innovator by habit j and he thus became Rector of the University of St. Andrews, and Archbishop : he died in 1575. m James Somerville, and his two brothers, were engaged in the assassination of Rizzio, for the relief of Murray. Privy Seal Reg. xxiv. fol. 18. 128 THE LIFE OF [MEM. V. Memoir of He, probably, returned, early, in the subse- quent year ; as he obtained legitimation, on the 7th of February 1550-1. He was again legi- timated, owing to whatever cause, in subse- quent times, as his prospects opened upon him, when he was incited, by the ambition of others, as well as his own, to grasp at the sceptre.* Early in the subsequent year, 1552, he seems to have begun his political connection with England, while he continued his intrigues, in France, for what he could obtain, when he was, scarcely, arrived at that period of life, when young men are allowed by law to act for them- selves.* 1 He certainly went to France in July 1552, by the route of London, and returned the same way, in the following December.' There Privy Seal Reg. xxiv. p. 52. ' Id. i Goodall mentions a treasonable correspondence with England, in 1552, on the authority of the Cot. Lib. Col. B. vii. 455, which seems to be mistaken in the reference. [Dalzell's Setch of Murray's Life, 147 ] The fact is, how- ever, that there is recorded on the books of the English Privy Council, a warrant, dated the 27th of July 1552, for paying to James Steuart, a hundred marks. On the 5th of the subsequent December, there is recorded another warrant, in the same books, for paying to James Steuart, in the way of imprest, another hundred marks. r On the 13th of September 1552 he witnessed a com- mission, which was granted, at Paris, by W. Gordon, the Bishop of Aberdeen, under the name of James Steuart, the Regent Murray.] THE SCOTISH QUEEN. 129 is reason to believe, from the jealousies enter- tained, by the English Court, of that of France, during a year of peace, that the ministers of Edward VI. made use of the youthful Prior, as an unsuspected spy, during his residence at Paris. Considering the Prior's revenue, we might suppose, that he was under no necessity, to receive the wages of corruption ; if it were not, that he had many followers, whose needs made constant demands on his accustomed in- come. Of such a character, as our Commendator, it is curious to remark, that while he thus re- ceived money of England, he began to act as the Reformer of Scotland, at the early age of one-and- twenty, when most youths, some to business, some to pleasure take.' But, the ruling passion of the Prior, was ambition, which can stoop to the lowest baseness. It is out of nature, for a young man of twenty-one to com- mence the Reformer of that Church, from Prior of St. Andrews. This fact proves, that he was, cer- tainly, at Paris, on the day specified. s Burnet represents, under the year 1552, the state of Scotland to have been divided into two factions : At the head of the one, was Archbishop Hamilton : The other fac- tion, who hated him, and inclined to the Reformation, put the Prior of St. Andrews, at their head. [Hist. Reform, ii. 209.] 130 THE LIFE OF [MEM. V. Memoir of whose establishment, he derived so large an income, and such considerable patronage. We are thus led to investigate, more dis- tinctly, the Prior's real views, either of interest, or ambition. We have seen him going to France, in 1548, when he was, scarcely, seven- teen, with a great following of writers, warriors, and politicians ; being already ambitious, " with endless rule to dwell." He now went to France, with his sister, and sovereign : In 1550, he again went to France, in the train of the dowager-queen ; on pretence of promoting the Queen's affairs, with a similar accompani- ment of various characters, whom he had at- tracted, by his gratuities. In 1552, we have detected the Prior, at the age of one-and- twenty, employed, by the ministers of Edward VI., in their secret intrigues, and receiving their money, for his management. We have per- ceived him, during the same year, already at the head of the Scotish reformers, in opposition to the Archbishop of St. Andrews : And, it is rea- sonable to ask, whether he placed himself, at the head of such innovators, upon a religious, or an ambitious motive ? While he was young, We shall see him busy, both in the Scotican Councils, and in the Scotish Parliament; while he was induced, by love, to court the Countess of Buchan, and by avarice, to swindle her out of the Regent Murray.'] THE SCOTISH QUEEN. 131 her estate. We shall observe him joining with a very few nobles, who were as busy as himself, in the recal of John Knox, one of the most tur- bulent men of an innovating age, that he might act with them, both as priest, and prophet. When the Reformers, in 1558, assumed a sort of political system, we shall still find the Prior, at the head of them. In the year 1559 when they had made some progress, under Cecil's management, we still see the Prior an active leader, following his ruling passions of interest, and ambition. What his motives were, we may, distinctly, perceive, in Throgmorton's in- formation to Cecil, before mentioned: I am " secretly informed," said that discerning am- bassador, to the Secretary, in July 1559, " that " there is a party, in Scotland, for placing the " Prior of St. Andrews, in the state of Scotland; ' c and that the Prior himself, by all the secret 1 Forbes's State Papers, I. 8O. Holinshed, i. 367-9, has transcribed, out of Lesley, two letters, from Francis, and Mary, dated, in August 1559, reprehending the Ix>rd James, for his attempts to deprive them of their whole authority, in Scotland. It is apparent, from the above review of his con- duct, from his early youth, that he was guilty. In 1559, he had a greater influence, in Scotland, than the Queen her- self ; as he had long dedicated his whole revenues to ob- tain followers From the moment, that he placed himself at the head of the innovators, he became dangerous to the Queen's legal authority. 132 , THE LIFE OF [MEM. V. Memoir of " means he can, aspires thereto."' Cecil's in- structions to Sadler, naturally, followed that information of Throgmorton. Secretary Cecil went, in the subsequent year, to Scotland, to negotiate the treaty of Edinburgh. In writing to Elizabeth, from that city, on the 19th of June 1560, Cecil says ; " Next to Lethington [Maitland] is the Lord James, who, surely, is " not unlike either in person, or qualities, to " be a King, soon."" The whole State Papers of that age evince, that Secretary Cecil always meant more, than he expressed. During the same year 1559, as we are assured by Robert- son, the Regent-Queen, publickly, insinuated " that the ambition of the Prior aspired beyond " the condition of a subject ; and aimed at " nothing less than the crown itself ; x an accu- " sation, so improbable," continues he, " gained " but little credit :" And thus, the historian was induced, by a very illegitimate logick, to n It was in vain, for Elizabeth, seven years afterwards, to talk, that there was an intent discovered to us, before the making of the treaty of Edinburgh, even by Lethington him- self, to deprive the Scotish Queen of her crown, which mo- tion we utterly rejected. Cot. Lib. Col. C. 9. 50. That there was a purpose, which was countenanced, by the English government, to deprive the Scotish Queen of her crown, is true : but, it is not true, that Elizabeth checked that purpose, as she rather promoted it. * Hist. Scot. i. 202-3. the Regent Murray."] THE SCOTISH QUEEN. 133 object to the notice in Forbes, and to a whole chapter, in Goodall, T as well as to the fact. Secretary Cecil, who wrote from what he saw, and understood, thought differently from Dr. Robertson, that the Lord James was likely to be soon a King. From that epoch, the Lord James became the instrument of Elizabeth, and Cecil, for ruining the Scotish Queen. If we carry on our inquiries, on this head, one step further, we shall see, whether Robertson, or Cecil, reasoned most accurately, about the probabilities of the Prior's Kingship : The at- tempt of Elizabeth to intercept the Scotish Queen's passage to Scotland, after denying her a safe conduct, evinces the purpose of Cecil, and Lord James, to imprison the Scotish Queen, that her bastard brother might reign, as a de- pendent prince. It is morever an interesting fact, that from the treaty of Edinburgh, on the 5th of July 1560, to the 19th of August 1561, when the Queen arrived, the Lord James, the bastard of Scotland, was the virtual sovereign of Scotland, under the corrupt management of Secretary Cecil ; having declined to act, under the commission, which the Queen had trans- mitted to Scotland, for establishing a legitimate government. y Forbes, i. 80 ; Goodall, i. ch. iii. 134 THE LIFE OF [MEM. V. Memoir of It is now necessary to trace some other points of the Prior's progress to his elevation, as sovereign, by a brief retrospection, from the year 1552, when he appeared at the head of the innovators. We see him active, in the Par- liament of 1554, as the chief of the reformers ; supporting the Queens-regent's pretensions/ This party, and the Queen-regent, seem to have understood each other : She procured the return of the assassins of Cardinal Beaton, and favoured their present views ; and they flattered her passions, and supported her government. After the death of John Rowll, in 1555, the Lord James obtained the Priory of Pittenweem.' He acquired, during the same year, the rich priory of Mascou, in France : b He appears, afterwards, to have obtained a bishoprick, in the same kingdom, as he seemed to be sincere, in promoting the measures of France. 6 It is z Ada Par/. 597- 3 Privy Seal Reg. 14th April 1555. b Goodall,i. 153. e Hanlwicke's State Pap. i. 158: Throgmorton the Eng- lish Ambassador, at Paris, wrote to Elizabeth, on the 29th November 1560 : " Whereas, the Lord James, Bastard of Scotland, had, out of a bishoprick, and abbey, of this coun- try, a yearly pension of 2,500 crowns j he hath made suit to this King, and Queen, to have not only the arrearages of the same, since it hath been staid ; but also the conti- nuation thereof. The Queen (Mary) hath made him this the Regent Murray.] THE SCOTISH QUEEN. 135 obvious, that the Prior was thus studious, to ob- tain those ecclesiastical promotions, in France, under the authority of the Pope, while the Prior was active, in undermining the Papal authority in Scotland/ The duplicity, which was so fashionable, in that religious age, and of which the Prior was so great an adept, may be illustrated, from a very different transaction ; His contract of marriage with the Countess of Buchan, as we have seen, was never fulfilled : But, from that vantage-ground, the Commendator saw, dis- tinctly, the condition, both of the lady, who was then an infant, and of the earldom of Buchan, which was burdened with the debts of an old, and improvident Earl. As early as 1556, the Commendator adopted the purpose of acquiring this earldom, without marrying the heiress, to whom he was engaged : His mode of making this acquisition, was, by buying up the answer, that like as this his falling, from his duty, hath been the cause of the stay thereof, and deserveth his exemption, from the same j so his merits again, towards her, is the only way to purchase her favour, and the said pension ; which, if he accomplish, according to the trust she hath of him, he shall not only be^sure of his satisfaction, but also of all the good favour, that may be showed him, besides his pension, whether he dispose himself, to be ecclesiastical, or temporal." d Ib. under 1559-60. 136 THE LIFE OF [MEM. V. Memoir of mortgages, or other securities, on this encum- bered property. In 1556, he acquired, from the heiress, and her tutor, Ogilvie of Boyne, assignations of the rights of redeeming those securities ; and upon those assignations, he ob- tained confirmatory grants of the crown, which gave him a complete right to the assigned pro- perty. 6 On the death of the old Earl, in 1562, his grand-daughter, Christian, succeeded to the earldom of Buchan, without the estate, which the Prior had secured, for himself: And she was married, in 1563, to the uterine brother of the Prior, Robert, the second son of Robert Douglas of Lochleven, who had married Mar- garet, the Prior's mother, by James V. That the heiress of Buchan had been swindled out of her marriage, and her estates, by the Commen- dator, is now quite evident, from the publick records/ Amidst the various, and continued pretences of the reformers, during the years 1558, 1559, 1560, the Prior had frequent occasions, to dis- play his perseverance, and his artifices. But, the first attempt, which appears, of the Lord James, by the help of Knox, to impose a for- gery on the credulous world, was, in October 1559." We may thus see, that the Reformer, See the Apj>. No. v. f Id. Elizabeth's notorious agent, Randolph, under; the feigned the Regent Murray.} THE SCOTISH QUEEN. 137 and the Prior were fully aware of the conve- nient policy of making a letter, or a lie, serve the appropriate purpose of the fraudful day, which, ft the well-invented tale, for truth imparts." But, what was the imposition of such a letter, which was thus easily detected, to the fraud of the treaty of Edinburgh, 6th July 1560, " by " which, according to Robertson, the sovereign " authority was almost tranferred into the " hands of the congregation ?" h Yet, the his- torian does not stop, to inquire, whether a transfer, so, extraordinary, was ever made, or if powers to make such a treaty, were ever given. There was, indeed, a treaty, of that date made, at Edinburgh, between Elizabeth, on the one part, and Francis and Mary, on the other :' But, that such a treaty was never made with the Scotish insurgents, is quite clear : name of Barnaby, wrote, from Hamilton, on the 12th of October 1559, to Sadler, and Croft, at Berwick : as we learn, from Sadler's State Papers, i. 497-9 : " The Prior of " St. Andrews sent a letter to the Earl of Arran, that he re- " ceived out of France : containing many news of the pre- " parations against Scotland, with advice to seek aid of " England : which, I guess, to savour too much of Knox's " style, to come from France, though it will serve to good "purpose." h His*, i. 241. ' See it in Rymer, xv. and in Leonard, ii. 138 THE LIFE OF [MEM. V. Memoir of The treaty, which was intimated, by Robert- son, as we have seen above, is a gross forgery ; as plainly appears, after every research, that can be made, on this important subject : k The French Ambassadors had no authority to make any treaty with the Scotch insurgents :' They refused, at Edinburgh, the place of negotiation, to make any treaty : And yet a treaty is pro- duced, at last, accompanied with every mark, that can denote a forgery. 1 " The Lord James, with Secretary Maitland, were the instruments, who imposed this fraud on a believing people, in concurrence with Secretary Cecil ; who were all very capable of any baseness, for a political purpose : While Cecil continued, in Scotland, he regarded Maitland, the Secretary, to be the only statesman, who was capable of providing, for the burden of foresight. The Lord James continued his activity of design, to promote his own interests, through- out the busy year 1560. The several points, k See Whitaker's Vindication of Mary's Innocence, iii. 40-3 j 463-93-515 ; and the App. to this Memoir, No. iii. 1 See their full powers, in Rym. Feed. xv. p. 581 : It was dated the <2d of July 1560. m See the App. to this Memoir, No. iii. n When the English troops, which were atLeith, marched off, in pursuance of the Treaty of Edinburgh, the Lord James accompanied them to Berwick. Keith, 445. the Regent Murray.] THE SCOTISH QUEEN. 139 which the feigned treaty contained, were car- ried into effect, without ratification : And above all, a Parliament was called, by the Lord James's influences, without the Queen's know- ledge, and sat, without her authority: But, the managing persons insisted, that the treaty justified such constitutional irregularities, and necessity confirmed the convention, though the Queen had not ratified the treaty, and, without ratification, no treaty is valid. A great variety of laws were now passed, which a heated people demanded, and an assembly of zealots enacted : Sir James Sandilands was sent with the proceedings of such a convention to France ; to ask for the Queen's ratification of measures, whereof she had no previous knowledge ; p the Queen refused to ratify such proceedings, and regarded the messenger with great jealousy, while she knew, that a splendid embassage had been sent, by the same convention, to Eli- zabeth. Robertson thought it too late, now, to call in question the legality of the conven- tion of August 1560 ; as if it were ever too late See a list of them in Keith, 161 ; and they have been recently printed, among the Ada Parliamentorum ; not that such laws had any force in themselves, but were legalized, by a subsequent Parliament. P See his instructions, II. App. 91, and the Hardwicke State Papers. 140 THE LIFE OF [MEM. V. Memoir of to rectify error, and to ascertain truth. The Lord James continued, from his temperament, to be one of the most active of those lords, who as- sumed the government of Scotland, during that anarchical period. The state of this country, and people, justifies the observation of Eliza- beth, who had contributed to bring it into such a state, that " the Scots were populus sine ca- " pite."* Elizabeth, on that occasion, refused, to accept, as her husband, Lord Arran, who was offered to her choice, by that convention ; and who, as early as 1554, had been destined, by his father, to be the husband of the infant Queen. Amidst the intrigues, which were in agitation, both at London, and Paris, died on the 5th of December 1560, Francis II. the Queen's husband, and matrimonial King of Scots, one of the gentlest of sovereigns. The Lords, who ruled Scotland, without au- thority, with the Lord James, at their head, called together a convention of such barons, as were nearest at hand, on the 15th of Ja- i Hardwicke's State Pap. i. 165 : In the same letter, it is said, " As far as I can learn among the Scotish men, [at " London] if their alliance be not more established, than " some here would ; they shall be constrained, to save " their necks, and to win the French favour again, to turn " their coats, which doth not a little grieve them." 16. 169. the Regent Murray.-] THE SCOTISH QUEEN. 141 imary 1560-1 ; to consider of the effects of that event/ The convention is said to have ap- pointed the Lord James, to repair to the Queen, in order to persuade her, to return to Scotland.' From the State papers we thus see, that the Lord James had no such authority, as Knox supposed, and said : And, from those State papers, we also perceive, that the chiefs of the nobility were, equally, willing, to receive Eli- zabeth, as Mary, or any potentate, that would gratify best their ambition, or their avarice. The Lord James, as we are informed, by Ran- dolph, was in no hurry to depart, " till he see " what will be done, at the ensuing Parlia- " ment."' Amidst the intrigues of that busy 1 Keith, 157- 8 Knox, 283 : There remains, in the Paper Office, a letter from the Lord James to Cecil, dated the 7th of February 1560-1} desiring a passport : "being ordered by the no- " bility, and council, to our sovereign, for declaration of our " duty, and devotion, to her highness." Such, then, were his powers, which he could shape into any form. There is also a letter, on that occasion, from Argyle j offering -his services to Queen Elizabeth. There is a similar letter, from the Duke of Chattelherauld, in favour of Lord James ; and offering his services to Queen Elizabeth. There was a similar letter, from Morton to Cecil, in favour of Lord James, with an offer of his services. What traitors ! * The convention was appointed, by the ruling powers, to meet the 21st of May, next. Keith, 157- VOL. III. L 142 THE LIFE OF [MEM. V. Memoir of agent, to secure an English interest, in Scot- land, arrived various persons, from Mary. Bothwell, also, arrived from Paris, " to work," according to Randolph, " what mischief he " can," to Randolph's designs of serving Eli- zabeth against Mary : There came from Mary, at the same time, a commission to seven per- sonages, or any three of them, to convene, and hold a Parliament, in her name." But, owing to the uncertainty, and intrigues of the mo- ment, this royal commission appears not to have been adopted, by the heterogeneous com- missioners. In the meantime, Maitland, who was then the ablest statesman, in Scotland, acted, in some sort, as Elizabeth's Secretary, in Scotland ; and basely informed Cecil of every measure, both at Edinburgh, and Paris. 31 There was another party, consisting of pre- lates, and nobles, of great consequence, who seem to have stood aloof, from those, who acted more, for Elizabeth, than Mary, and who sent Lesley, the Bishop elect of Ross, to offer u The royal commissioners were : The Duke, the Earl of Argyle, the Earl of Huntley, the Earl of Bothwell, the Lord James, the Earl of Athole, and the Bishop of St. Andrews. x Hfs correspondence with Cecil, which remains, in the Paper Office, is the record of his guilt. t\e Regent Murray.] THE SCOTISH QUEEN. 143 their duties, and advice, to their sovereign. 7 The zeal of Lesley seems to have outrun the policy of Lord James : Lesley arrived a day before his arrival, at Vitrie, where he was well received by the Queen ; where he communi- cated to her the state of her kingdom ; and offered her the duties of those, who had sent him. The Lord James arrived the follow- ing day, who told her, with his usual duplicity, " that he came only to pay his duty to her, as " his sovereign lady, without any commission " whatsoever, relating to any thing else." 1 He asked for himself, however, the Earldom of Murray, which the Queen declined to give, till her return. He appears to have then gained an ascendency over his sovereign, under which she seems to have acted, during all his treasons. He forgot to inform her of what, he had an interest to conceal, that Maitland, who had betrayed her mother, when regent, was now acting, with Cecil, as Secretary, in Scotland ; that the duke, and other nobles, had offered their services to Elizabeth ; that the party, y The persons, who are named, by Keith, 1 57* were : The Archbishop of St. Andrews, the Bishops of Aberdeen, and Murray, Ross, and the Earls of Huntley, Crawford,, Athole, and Sutherland. 1 See the Queen's letter, in Keith, 163, from Nancy, the <2<2d of April 1561. 144 THE LIFE OF [MiM. V. Memoir of with which he had long acted, was much more attached to Elizabeth, than affectionate to her, their sovereign.* Lord James departed, from Paris, on the 4th of May 1561, on his return, through London, to Edinburgh.* The expectant Earl, as he passed through London, gave Cecil, and Elizabeth, notice of the Queen's purpose, to return to her own kingdom, by sea, and advised them, to intercept her voyage. The Queen had before applied to Elizabeth for passports, which were, expressly, refused, before her whole court ; in order to show her purpose to the world : And she sent out her ships, on the pretence of " cleansing the seas of pirates ;" but with the real design of intercepting the Scotish Queen ; d in which purpose, as it applied * The State Papers of 1560-1 evince those truths; and see Keith, 1566-7. b Ib. 164. But, he brought no commission, from Mary, to govern for her, as Buchanan, falsely, asserts : And, the con- vention of May 1561 sat, audaciously, under his influence, without any authority, from their legitimate sovereign. Camden, 53 : For, James, the bastard, returning, very lately, through England, had given secret warning to inter- cept her : Camden adds, Lethington gave the same advice ; at he wrote : What he wrote still remains, in the Cotton Library, and the Paper Office ; and his letters to Cecil are the proofs of his criminality. d The refusal of the passports, both to D'Oysel, and to the Queen, is, universally, acknowledged, and is admitted, ike Regent Murray.'] THE SCOTISH QUEEN. 145 to the Lord James, Secretary Maitland, and the Earl of Morton, was a treacherous act of high treason. The Queen, as she arrived safe, was well received ; and as she escaped the English ships, was congratulated, by Elizabeth, who, with appropriate duplicity, assured the Scotish Queen, " that she had not, in the least, at- " tempted to intercept her passing into her own " kingdom."' There were publick rejoicings, at Edinburgh, for her arrival: Buchanan, with lucky malice, praised her much, saith worthy Keith, that he might dispraise her much more. But, these did not conceal from her what she had lost, for ever, and what remained to her, at present. She found herself obliged, as well, by the advice, she had received, from her uncles, as by her own reflections, to throw herself into the arms of those treacherous men, who would willingly have consigned, her, for life, to the safe custody of her good, but guilty cousin. The Lord James was appointed her avowed minion ; her Privy Counsellors were somewhat mixed ; but, the whole officers of state, or men by Cecil. Hardwicke's State Papers, i. 172. Keith, 169- 70-71. See the App.to this Mem. No. iii. for additional proofs of that nefarious transaction, in opposition to Ro- bertson's apology, for Cecil's artifices, and Elizabeth's en- mity. Keith, 181. 146 THE LIFE OF [MEM. V. Memoir of of business, except the Earl of Huntley, the Chancellor, were the mere creatures of the avowed minion/ "Under this new government," as Bishop Lesley observes, " the Queen's bro- " ther, the Lord James, was the sole favourite, " and disposer of every thing : It was even con- " jectured, he adds, by several people, that he " had favoured a design, to possess himself of " the crown." 8 The Queen now made a short { See the list of the Privy Council, in Keith, 187- In that list, were the Treasurer, the Secretary, the Clerk of Regis- ter, and the Justice-elerk, who were all the mere minions of the minion. But, what proof is there of this circumstance ? This Privy Council was settled, on the 6th of September, 1561 5 On the 9th of March 1565-6, all those minions of the minion, who were then expatriated, for his rebellion, with the Earl of Morton, who had been appointed Chancellor, in the room of the murdered Huntley, at their head, attacked the Queen's palace, with force, and arms; assassinated Rizzio, her private secretary, in her presence j and arrested her person, for the relief of the minion: Than this, can there be a more glaring proof of their being the basest minions of a minion ? g Keith, 188. And this thing, said Keith, is not only related by that author, who may however be looked upon, as too much prejudiced against the Prior j but, the same thing ie likewise taken notice of, by the English Resident, Mr. Randolph. The Prior, Lord James, was now thirty : and his whole life had been a proof of his ambitious purposes. His nature, and education, prompted his ambitious spirit : As early as 1552, he, who had no religion, put himself at the Regent Murray. ] THE SCOTISH QUEEN. 147 progress, through Stirlingshire, and Fife, to Perth, attended, by the Lord James, who chose not, perhaps, to interpose his influence, in pro- tecting her, from the insult, and adulation, which were offered to her, by people, who had much religion, without manners, or morals. h As early, as October 1561, measures were thought of, for punishing, or restraining the thieves, and robbers, on the borders : For this important end, a solemn court of justice was ordered, to be held, at Jedburgh, for trying those delinquents : And the Lord James was appointed, no doubt, by his own suggestion, to be the Lord Justice ; ! he was, in fact, as we see in the Privy Council Register, appointed the Queen's Lieutenant, on the Borders, with more the head of the religion; In 1558, 1559, and 1560,, he was, in fact, king, under the management of Cecil, and Eliza- beth : and, as minion, he now, in September 1561, acted, without control. h Keith, 189-90-1-93: The Lord James was, at that period, when he was only thirty, described by Randolph, in this manner : " The Lord James dealeth, according to his " nature, rudely, homely, and bluntly." 16. 196. ' Ib. 190-1-2 : Keith is studious, on that occasion, to pub- lish records, in order to show, how grossly Buchanan, and Knox, two established liars, have deborded from the truth ; have departed from the fact : Buchanan, and Knox, had no purpose to tell the truth ; the object of both being to de- grade the Queen, by calumniation. 148 THE LIFE OF [MEM. V. Memoir of than royal power. Attended, by the Judges, he proceeded, with the whole power of the southern shires, to hold the Justice-court, at Jedburgh, on the 13th of November 1561. We are informed of the result, by Randolph's letter to Cecil, dated the 3d of December : " Of the Lord James's doings, at Jedburgh, and of the meeting at Kelso, with the Lord Gray, and Sir John Forster, I doubt not but your honour hath been advertised : He burnt many houses ; he hanged twenty-two, or twenty-three ; and he brought to this town forty, or fifty, of which there are twenty-three in the castle of Edin- burgh : The chiefest of all the clans, on the borders, are come in to take what order, it plea- seth the Queen, to appoint ; to stay theft, in time to come." k But, these were not the whole doings of the Lord James, as Lieutenant on the borders ; as we know, moreover, from Ran- dolph : The Lieutenant made an inroad to Ilawick, where he performed judicial exploits, which rivalled the above in severity ; and would k This long dispatch is in Keith, 203-8 : At the close is added, what may be deemed very significant of the Lord James's feelings of ambition : " The Lord James de- sireth me to present unto your honour his hearty commen- dations, under these words ; That he is not yet grown so great, as he should misken you /' forget what he owes to you. Ib. the Regent Murray} THE SCOTISH QUEEN. 149 not disparage Jeffreys 's campaign, in the West, during the subsequent times of rigour, in England. 1 The Lord James, who was thus superior to the Queen, in influence, had now displayed his power ; who, as Queen's Lieutenant, had quieted the border turbulence, with an iron rod ; who, as reformer, had courted the new clergy, at the expense of the old ; now thought fit, to secure something still more beneficial, for himself. He had, for some years, cast his eager eyes on the Earldom of Murray : When he went into the northern shires, to reform the churches, in Au- gust 1560, he had seen how much could be obtained, by a person of his pretensions : Yet, he did not, perhaps, very accurately know, that the object of his cupidity belonged to others ; though he saw, and envied, the extensive ju- risdiction, and personal influence, of the Earl of Huntley. This great noble was born, in 1510, the son of John, the apparent heir of Alexander, the fourth earl, by Jane, the natural daughter of 1 See the Appendix to this Memoir, No. vi. Randolph wrote to Cecil, from Edinburgh, on the llth of November 1561 : The Lord James is now Lieutenant on the borders, sole minion of the Queen, likely soon to be Earl of Murray, and Treasurer of Scotland." Keith, 202. 150 THE LIFE OF [MEM. V. Memoir of James IV. He was bred with James V. ; and succeeded his grandfather, in 1524 : He sat in the Parliaments of 1531, and of 1532, while he was yet under age; and at two-and-twenty, he was called into the Privy Council, during the year 1535. When James V. went abroad to marry Magdalen of France, in 1537, Hunt- ley was one of the Commissioners, with the two archbishops, who were left to govern Scotland. He now ranked, in the Parliament, as the premier Earl of Scotland. In 1542, Huntley, the King's sister's son, commanded on the borders. In March 1542-3, Huntley again appeared, in Parliament, at the head of the Earls, when James Hamilton, the Earl of Arran, was declared to be the second person, in the kingdom ; and, he was appointed one of the Council, for assisting the regent Arran. After the assassination of Cardinal Beaton, by the abominable plot, which was managed in England, by the Reformer Wishart, Huntley was appointed Chancellor, by the Act of Privy Council, in June 1546. At the fatal battle of Pinkie, on the 10th of September 1547, he commanded the reserve of the Scotish army ; and fighting bravely, was taken prisoner, and carried into England. I3eing now solicited, to promote the marriage of his Queen to Edward VI., he said : " He did not so much mislikc the the Regent Murray.'] THE SCOTISH QUEEN. 151 match, as the way of wooing." Having made his escape, from England, in 1548, he again acted, as Chancellor. As a reward, for all his services, and sufferings, Huntley, who was al- ready Lord-lieutenant of the northern parts, obtained a grant, on the 13th of February 1548-9, of the earldom of Murray, and lordship of Abernethy. m He accompanied the Queen- dowager into France, in 1550, where he ob- tained the order of St. Michael ; and in April 1554, he, effectually, served her, when she sought the regency, from the feeble hands of Arran, the governor. Yet, in the same year, did she, by the advice of her French servants, call Huntley in question, for not performing im- possibilities, in subduing some of the Highland clans : On that occasion, he probably resigned his charter of Murray." By disgusting such a noble, she did not know how much she lost. m Crawford's Officers of State, 85, which quotes the charter, in the public archives. Gordon, in his History of the Gordons, 1726, printed this charter, in his App. No. xx. which has nevertheless remained quite unknown to the Scot- ish historians ; and therein Robertson might have read it, if he had been an historian of much reading. What more was wanting to give Huntley a complete title to the earldom of Murray, but the Queen's confirmation, when she came of age ? He assumed the title of Earl of Murray. n Sec the Appendix to this Mem. No. vii. 152 THE LIFE OF [MEM. V. Memoir of He continued Chancellor, however, and served her throughout the difficult times, which en- sued ; owing partly to the Lord James, who promoted disturbance ; in order that, he might guide the storm. On her death bed, in June 1560, she is said, by those, who wrote deliber- ate falsehood, to have blamed Huntley, for his advices ; but, she ought to have confessed her own misconduct : she began her corrupt career by procuring pardons, for the assassins of Car- dinal Beaton, an offence so great, as to admit of no pardon ; she proceeded, to court the inno- vators, with the Lord James, at their head, who only supported her measures, to betray her, by carrying special points : On the con- trary, her duty required, that she should sup- port the laws of the land, with the constitu- tional aid of the principal nobles : Argyle, Lord James, and Secretary Maitland, only re- mained, with her, long enough, to betray her ; and then pretended to remove her, from the re- gency, which she had derived, from the three estates, a power, irreversible, by faction. She took the great seal, from Huntley, and gave the keeping of it to Rubie, a French advocate, while he conti- nued Chancellor. Huntley is said to have entered into an association with the Duke of Chattclherauld, to drive out such foreigners. [Officers of State, 85.] The Queen-regent did not, sufficiently, advert, that the safety of her govern- the Regent Murray."] THE SCOTISH QUEEN. 153 When the death of Francis II. became known, in Scotland, however, Cecil endeavoured to con- ceal it, Huntley, and other nobles, sent Lesley, to offer the homage of their services. When the Queen returned, she appointed Huntley of her Privy Council, and returned to his faithful custody the great seal ; p thus trying, perhaps, to act upon that balance of parties, which is so salutary, when discreetly effected, yet so dangerous, when unfitly used. We are now arrived, at that epoch, in the life of Huntley, when the all-grasping minion, privately, obtained, from the easy faith of the Queen, the earldom of Murray, and lordship of Abernethy, with their valuable accompaniments of men, and revenue.' The minion seems him- nicnt, and the protection of her person, depended on the attachment, and aid, of the great nobles, who were the strong pillars of a falling state. On the arrival of Mary, though she put her sceptre into the hands, which were stretched out to seize it, she intrusted the great seal to Hunt- ley, who had held it so long, in the difficult times of her lengthened minority. f Keith, 187; Crawf. Officers of State, 85. i Privy Seal Reg. xxxi. 45-6 j This grant was made, under the privy seal, because the Earl of Huntley held the great seal : and the grant was meant to be concealed ; as, indeed, it was, even, from Randolph, the Prior's friend. Five days after, the Queen granted him letters of legitimation, though he had been legitimated eleven years before, as we 154 THE LIFE OF [MEM. V. Memoir of self to have been aware, that the Queen's grant, under the privy seal, did not make a perfect title. He had, probably, not yet formed his plan, for taking possession of the earldom of Murray : And he, therefore, solicited, and, as minion, easily, obtained, from the Queen's fa- cility, on the 10th of February 1561-2, a grant under the privy seal, of the earldom of Mar, which was claimed, from ancient times, and titles, by his relation, Lord Erskine : But, in- tending to seize difficulty, by the forelock, he openly assumed the title of Earl of Mar, though his grant, under the privy seal, was but an insufficient warrant/ He, perhaps, only meant, by this conduct, to conceal his real de- sign on the earldom of Murray. We are thus conducted to the question, whe- ther, at the epoch of those grants, in January 1561-2, there existed a plot, by Huntley, against Lord James ; or whether Lord James had not formed a plot against the Earl of Huntley. Here, then, is one of those problematical points, which so disfigure the history of Scotland, in that factious, and fanatical age. The contempo- raneoushistorians, indeed, Buchanan, and Knox, have already seen. 16. 2 j Ib. xxiv. 52. Like other impos- tors, the Lord James seems to have had a strong passion, for making surety double sure. r Privy Seal Reg. xxxi. 1. the Regent Murray.] THE SCOTISH QUEEN. 155 are so positive, that there was a plot, by Huntley, against the Lord James, that Mad. de Keralio, with all her research, and readiness of observa- tion, speaks, familiarly, of Huntley' s plot. The historian of Mary, with his usual prejudice, has raised a vast fabrick of charges against Hunt- ley, without the slightest foundation. 1 The re- cords, and state papers, evince a conspiracy, by the Queen's minion, against an innocent noble ; but, there is no evidence of a conspiracy, by Huntley, the Chancellor, against her corrupt minister. s Robertson's Hist. Scot. Edit. 1?87, i. 292-3. The his- torian was so ignorant as not to know, of the grant to Huntley, in February 1548-9, which has been already men- tioned 5 he was so idle, as not to have examined the state- ment of the several grants of the earldom Murray to the Lord James, which were stated, in the Additional Suther- land Case, 177O, by the late Lord Hailes. Dr. Robertson states, " that Buchanan's account of this whole transaction appears to be so void of truth, and even of probability, as to deserve no serious examination." Yet, has the doctor taken the greatest part of his story of this transaction, from Bu- chanan's account, which he thus stigmatizes as void of truth 5 while he avoids quoting Buchanan, for his autho- rity : The whole account of the Queen, and her minion's expedition into the north, for ruining Huntley, which was given, by the Doctor, is chiefly taken from Buchanan, and Knox, two of Huntley' s bitterest enemies, and two of the greatest liars, that ever disgraced history 5 and is a tissue of 156 THE LIFE OF [MEM. V. Memoir of At the epoch of the Queen's return, in Au- gust 1561, Huntley, no doubt, stood at the head of the loyal party, who opposed the am- bitious, and corrupt purposes of the Commen- dator, who had long practised fraud, and now aimed at violence ; and it was the duty of the Chancellor, to warn the Queen of her own inse- curity, and the danger of the state.* Yes ; said Randolph to Cecil ; I hear, that the Earl of Huntley tickleth her [the Queen] in the ear, with some untruths ;" u and Buchanan calls the warnings of Huntley calumnies, after events had verified the intimations of truth. That ho- nourable conduct of Huntley drew upon him the enmity of the Commendator, who never falsehood, and misrepresentation, that is woven with an affectation of apparent impartiality. But, the records, and state papers, shall decide, between the Doctor's statements, and the real truth. See the Appendix to this Memoir, No. VII. * Randolph wrote to Cecil, on the 24th of September 1561 : " It is said, that the Earl of Huntley, and the Lord James greatly discord 3" and in the same letter, Randolph adds : " It is suspected, that the Lord James seeketh too much his own advancement, which hitherto little appearetb, for any thing that ever he received, worth a groat." Keith, 191. He had pretty early received the rich priory of St. Andrews, and the priory of Pittenweem, in Scotland, with two benefices in France of great value. Letter of the 24th of October 1561. [Keith, 195.] the Regent Murray.] THE SCOTISH QUEEN. 157 ceased to pursue whosoever dared to oppose his practices, till that ambitious man had obtained their ruin." The Earl of Mar was too much practised in affairs not to know the value of secrecy: He care- fully concealed, that he had obtained a grant of the earldom of Murray, as early as the 30th of January 1561-2. He, studiously, watched, for an opportunity of taking possession of the x The following is a genuine picture of Lord James's conduct, which was drawn, by the convention of Nobles, and Prelates, which sat, at Dumbarton, in September 1568 : " Shortly after our sovereign's homecoming from the realm of France into Scotland, the Earl of Murray having respect then, and as appears yet, by his proceedings, to place himself in the government of this realm, and to usurp this kingdom, by his counsel, caused the Queen's majesty become so subject unto him, as her grace had been a pupil ; in such sort, that her highness's subjects had not access unto her grace, to propone their own causes, or to receive answer thereof, but by him, alone ; so that he was recognised, as prince only, and her majesty but a shadow. And, whoever presumed to find fault with his abuses, he did pursue them, with such cruelty, that some of the principal men he caused to be put to death j destroying their children, houses, and memory j and caused others to be banished the realm, and put other noblemen in prison, and detained them there." Such, then, is the genuine picture of the Commendator's tyranny, as drawn by seven earls, twelve lords of parlia- ment, eight bishops, and eighteen abbots. Goodall, ii. 352-57-8. VOL. III. M 158 THE LIFE OF [MEM. V. Memoir of country, and of over-reaching Huntley, in the details of law, and the practice of affairs. An event happened, on the 17th of June 1562, which completely answered his insidious pur- pose. Sir John Gordon, Huntley's third son, and James Ogilvie quarrelled, and fought, in the street of Edinburgh, about their private pro- perty, when Ogilvie was wounded in the arm, and several of Gordon's servants, were, also, wounded, in this hasty scuffle of spirited men. y The magistrates promptly interposed ; impri- soned the parties ; and sent notice to the Queen, at Stirling. Murray heard, with great satis- faction, of this event. He saw Huntley's son, in his power, and he resolved, that both should feel his vengeance. He easily obtained the Queen's authority, to repair to Edinburgh ; in order to direct what should be done in this weighty affair. 1 By his direction, Ogilvie and his associates were set at liberty : But, Sir John Gordon was committed to the common gaol ; wherein, he remained a month ; and then made his escape, from the rigours of Mar, his father, Huntley, being confined to his house, in the y Doctor Robertson calls Ogilvie, Lord Ogilvie j but, this person was only James Ogilvie of Cardel, a son of the late Alexander Ogilvie of Findlater. 1 See the Queen's letter to the magistrates of Edinburgh, dated the 28th of June 156-2, in Keith, 228. * the Regent Murray.} THE SCOTISH QUEEN. 159 north, with some bodily infirmity.* The Earl of Mar made his own use of this incident. Sir John was summoned to appear in the Justice- court,, at Aberdeen, on the 31st of August, then next, to answer for his contempt. And, the Queen was, artfully, induced, to make a jour- ney into the north, on the pretence of distri- buting justice, but with the real, though con- cealed, object, of putting the Earl of Mar in possession of the earldom of Murray, and of crushing Huntley, and his power. Robertson consider&Sir John Gordon's breach of the peace, as the greatest insult, which had been offered to government, since the Queen's return : but, he might have excepted the tumult, which was raised, in the Queen's palace, on the first Sun- day, after her arrival, when she went into the chapel-royal, to worship God, in her own form: The Doctor declares, that a great example was necessary to be made : But, he forgot, that the Comrnendator, when the Queen's Lieutenant on the borders, made two such examples, at Jed- burgh, and at Hawick, as would not disparage the worst administration, in the worst age. b * Randolph's letter to Cecil of the 1st of August, in the Paper Office. b Doctor Robertson, as he knew not of the private grant of the earldom of Murray to the Commendator of St. An- drews, as well as the right of Huntley, and his wife,, to 160 THE LIFE OF [MEM. V. Memoir of The journey of Mary into the north was suddenly resolved on, soon after Sir John Gor- don's escape ; as we see nothing hinted of sucn an excursion, in Randolph's letters to Cecil of the 1st and 4th of August, when the Queen seemed, wholly, bent on the very different jour- ney of a meeting with her good cousin, the English Queen. Yet, was the resolution taken of the northern journey, before the 10th of August; as we may learn, from Randolph's correspondence. From the nature of such a the same earldom, which was, plainly, violated, by that grant, founds his vindication of the Commendator, Earl of Mar, on the supposition, that he had no object in carrying the Queen to the north, and no business himself, so far north, as Tarnway, and Inverness : And, the Doctor, being unable to assign any reasonable cause, for her expedition, says, the Queen happened to set out on a progress into the northern parts ; and took the occasion to hold a Justice-court, at Aberdeen. Thus it is, to write history, without a knowledge of facts ; and to rely, on the lies of Buchanan, and the fictions of Knox ! The historian is so absurd, as to quote letters, from the ambassador Randolph, and Secretary Mail- land, which were written after the death of Huntley, as proofs of a prior conspiracy of Huntley against the Lord James, before that corrupt minion brought the Queen into the north, for putting him in possession of his earldom, under an unfit grant, and before the artifices of that minion had forced Huntley into an unwilling resistance to his illegal measures. On that day, Randolph informed Cecil : " From Stirling, the Regent Murray.] THE SCOTISH QUEEN. 161 country, we now know, that she did not happen to think of such a progress ; and from Ran- 'dolph, we learn, that it was premeditated, though not by herself : Her ministers told her, as other princes are told, by their servants, that those northern parts of her kingdom were greatly disturbed, and could not be settled, without her own presence. And, she would, naturally, say, in return, if that were so, she would make such a journey, for such an end, though she was perplexed, with more interest- ing matters. While those preparations were made, for that odious journey of 250 miles, through a rugged country, and wretched roads, the Queen re- mained, at Edinburgh, from the first, to the eleventh, of August ; She now set out, for Stir- the Queen taketh her journey, as far north, as Inverness, the farthest part of Moray, a terrible journey, both for horse and man, the countries so poor, and the victuals so scarce. It is her will, that I shall attend upon her thither. It is thought, that it will be a voyage, of two months, or more. It is rather devised by herself, than greatly approved by her Council.'' Thus far Randolph's letter to Cecil, of the 10th of August, in the Paper Office. But, who told Randolph all this ? The minion, Earl of Mar, and Secretary Maitland, who meant to impose upon him, and, through Randolph, upon the English court. The secret was carefully kept, from Randolph, as well as the object of the journey j as the grant of the earldom of Murray, in January 1561-2. 162 THE LIFE OF [MEM. V. Memoir of ling, where she remained, till the 18th of Au- gust. 11 To Stirling was she accompanied, by Randolph, as a spy ; and to Stirling was she followed, by Knox, as her evil genius : Here, she learned, that Elizabeth was preparing forces against her relations, in France ; that many of her own subjects were ready to join the English army, for the wages of corruption : And, here, had she cause to suspect, that Knox had been prompted to follow her, with his usual perse- verence of religious zeal. e After all those mortifications, she set out, on the 18th of August, for Inverness, not on a private progress, but accompanied, with her ministers, her officers of law, and, above all, by the Earl of Mar, who was now expectant Earl of Moray, with his trusty myrmidons : But, she did not arrive, at Aberdeen, till the 27th of the same month/ Here, the Queen remained, d From a MS. Diary of the Queen's journey. e Randolph's unpublished letter to Cecil of the 16th of August, from Stirling, in the Paper Office. f From Old Aberdeen Randolph wrote to Cecil, on the 31st of August: "The Queen, in her progress, is now come, as far, as Old Aberdeen : The most part of her noble- men are presently with her, the Duke excepted, with whom she is now well pleased, and the Earl of Mar, and he, recon- ciled. Huntley is here, not well, in his prince's favour j and how well that man doth deserve, your honour knoweth, by his upright dealing with all men, that he hath to do with : the Regent ^Murray .] THE SCOTISH QUEEN. 163 with her whole court, till the 1st of September : And here, did the Earl and Countess of Hunt- ley come, to offer the Queen the homage of their respect ; and to invite her to Hun tley- castle, where they had made great preparations, for her entertainment ; but, the Queen refused such an invitation, from such personages, by the advice of her counsellors, as we may infer, from Randolph's letter to Cecil : Here, they had committed no crime, and given no offence ; but, the Earl of Mar, with his usual artifice, and falsehood, had induced the Queen to be- lieve, that so great an officer, as the Chancel- lor, was implicated in his son's guilt ; and had The Queen will not yet grant that she will go into his house, though it be within three miles of her way, and the fairest, in this country : That purpose of hers, I know, will be broken 5 for so, her Council findeth it expedient." This letter is in the Paper Office. All this while, Huntley was the Chancellor, and a Privy Counsellor. But, we hear nothing of any plot, either against the Queen, or the Earl of Mar ; though Mary must have had strange stories told her, to treat such a man, as Huntley, the friend of her father, the sup- porter of her youth, in such a manner j as we have learned, from the wretched prejudice of Randolph. When the charges against Huntley were put, by Murray, into legal form, nothing was stated against him, previous to the 3 1 st of Au- gust, current. [Act of Restoration of Huntley' s family.] This proves, the non-existsnce of any plot, by him, before that date. 164 THE LIFE OF [MEM. V. Memoir of even conceived a plot to seize the Queen's per- son, and to marry her to one of his sons. But, if the queen would believe this, of such a man, her credulity must have been, without bounds. Sir John Gordon appeared, in the Justice-court, at Aberdeen, on the 31st of August, as required ; surrendered himself to justice; and, on the morrow, was ordered to enter himself a priso- ner, in Stirling- castle. 8 But, as he was not tried, where justice would have been done, and Stirling was kept, by Lord Erskine, the Earl of Mar's uncle, Sir John did not obey that rigo- rous decision of his avowed enemies. The Queen, who appears to be thus acting, from improper advice, though contrary to her accustomed courtesy, set out, from Aberdeen, on the 1st of September ; and, in order to avoid Huntley's residence, went, by Rothiemay, Grange, Balvenie, and Elgin, to Tarnway, on the 10th, without hearing of any disturbance, where none existed. Here, on the 10th of Sep- tember, was there another proceeding of the Privy Council, against Sir John Gordon ; charg- ing him to surrender into the Queen's hands, his houses of Findlater, and Auchendown, on pain of treason. 14 In that council, sat, for the * Privy Council Reg. ; Keith, 225. b Keith, 225. There had been, hitherto, no proceeding against Huntley, though he was, no doubt, mortified, by this the Regent Murray.'] THE SCOTISH QUEEN. 165 last time, the Commendatory Earl of Mar, who now produced his privy patent, for the Earldom of Moray, and then assumed the title of Earl of Murray. If this title had been as legal, as it was informal ; yet, Huntley having ad- verse pretensions ; the Lord James, even with the aid of the Queen's presence, could not law- fully take possession of the Earldom, and man- sion-house, without some legal proceeding: The conduct of Lord Jarnes, thus burdened with insufficient titles, was as violent, as it was illegal; and the Queen contributing, by her presence, to this violence 3 and to that illegality, lessened her own dignity, and lost her many friends. On the llth of September, the Queen set out, from Tarnway, for Inverness ; where, she remained but a few days ; the only purpose of her minister being, to wrest the castle, from Huntley's heir, to whom the keeping of it be- longed, hereditarily, as well as the Sheriff-ship of Inverness-shire. 1 The castle was taken, from persevering prosecution against his son, for a hasty scuffle, in the streets of Edinburgh, aggravated, indeed, by his sub. sequent conduct. 1 The Sheriffship of Inverness- shire, and the custody of the castle, with several lands, appertaining to it, belonged, hereditarily, to Huntley, without any connection with the Earldom of Moray. In 1556, Huntley vested those here- 166 THE LIFE OF [MEM. V. Memoir of the Governor, promptly : He was neither al- lowed time, for consideration, nor opportunity for obtaining the consent of the Castellan, for surrendering his trust : The castle was taken, by force, and the Captain was, in- stantly, hanged, under very questionable au- thority. 11 If the Lord Gordon had a legal title ; then the Queen herself could not dispossess him, without some legal process : this grant being made to Lord Gordon, while she was under age ; yet, she could not recal it, when she came to the proper age, for that effect ; but in a legal mode : The demanding of pos- ditary offices in his son, George> Lord Gordon, who obtained a charter for them, from the Queen, upon his father's resig- nation, on the ?th of August 1556. [Privy Council Reg. xxviii. 35.] k Dr. Robertson, who writes too much from supposition, and too little from facts, states, that, Huntley' s disobedience, in refusing to surrender the castle of Inverness, was the cause of the Queen giving the Earldom of Moray to the Earl of Mar. What ignorance ! Huntley did not hold the castle of Inver- ness; as it was held, under a legal title, by Lord Gordon : And, neither the one nor, the other, refused to surrender the castle, as neither was present, and neither knew, that the sur- render would be asked. As soon as Huntley heard, that the castle was summoned, he sent, with all diligence to the Governor ; desiring him to surrender it ; but, the Captain, or Governor, Alexander Gordon, was hanged, before he could receive this direction, from Huntley, on his son's behalf. [Anderson's MS. Hist. Scot. iii. 37-] the Regent Murray.'] THE SCOTISH QUEEN. 167 session, by an armed force, in time of peace, was illegal, and unwarrantable, in the Queen herself, much more in her minion, the Earl of Murray, who commanded that force, and was guilty of an outrageous murder, of the Gover- nor, who had no proper notice of any legiti- mate demand. The Queen, who was praised, for her man- hood, in this military exploit, immediately left Inverness ; and slept, on the 15th of Septem- ber, at Kilravock ; whence, on her return, she proceeded, on the morrow, to Tarnway ; and, on the 1 7th, she went to Spynie-castle, the seat of the Bishop of Moray. From this episcopal palace of ancient note, Randolph wrote, on the 18th, a dispatch to Cecil ; in which he says ; " It may please your honour to know, that the Queen hath given the Earldom of Moray to the Earl of Mar ; it is both more honourable, and greater in profit, than the other : He is, now, no more Mar, but Murray" 1 It is evident, 1 The above dispatch is in the Paper Office. In a sub- sequent letter, from Randolph to Cecil, of the 30th of Sep- tember, he states the great loss, which Huntley sustained, by the grant to Mar ; and the great power of men, and money, which the Earl of Murray acquired by it : He added, that the country is pleasant, but the place, called Tarnway, was ruinous, saving the house, which is very fair and large, built, like many, that 1 have seen, in England. Id. Though 168 THE LIFE OF [MEM. V. Memoir of from Randolph's mode of writing, that the grant of the Earldom of Moray had been con- cealed from him, and the world, till the avowal of it, at Tarnway ; and even the date of it had been so concealed, as to induce Randolph to suppose, it had been then made. The Queen, on her progress, of return, left Spynie, on the 19th of September ; and going by the way of Cullen, she arrived, at Aberdeen, on the 22d, where she remained till the 5th of November. If we compare the conduct of the rival Earls, it will appear, that nothing illegal, or unfit, had been done, by Huntley : When he came, with his Countess, to offer their duty to the Queen, and to invite her to their castle ; the refusal of this courtesy to such eminent persons was an outrage, for which the Queen's minister was answerable : The entry into his Murray relinquished the Earldom of Mar to his relations, the Erskinesj yet, he contrived to strip that Earldom of its principal estates: He obtained on the 22d December 1564, from the Queen, to him, and his heirs, in fee-firm, the extensire lordships of Braemar, Cromar, and Strathdee, which belonged to this Earldom of Mar. [Privy Seal Reg. xxxii.] And this grant was ratified, in Parliament, on the 19th of April 1567- [Acta Parl. 555-?.] The Earldom of Mar, after being thus plundered, by the Queen's minion, was granted to his uncle, John, Lord Erskine, on the 22d of June 1565. [Privy Seal Reg. xxxiii. p. 70.] the Regent Murray] THE SCOTISH QUEEN. 169 messuage of Tarnway, without any notice to him, though the Queen was present, was an il- legal insult offered to Huntley : And the at- tack on the castle of Inverness was an outrage to Lord Gordon, while the hanging of his officer was a murder, by the Queen's minion ; the law not allowing any person to be put to death, but by legal means : The whole conduct of the Queen's minister, on that occasion, was outra- geous, and illegal, while the conduct of Hunt- ley, hitherto, was circumspect, as well as law- ful. The Queen might now have returned to her capital, having done every thing, that was fit, and much, that was unfit : But, she was re- tained, at Aberdeen, by her counsellors, during six weeks ; to enable her violent minister, to inflict his vengeance on Huntley; and she, thereby, partook of his moral guilt. But, there was no other means of imputing criminality to Huntley, than by implicating him in the guilt of his son : And his offence, originally, was only a breach of the peace, which was aggravated into a contempt of the Queen's authority. For effecting Huntley's ruin, Mur- m On the 30th of September Randolph wrote, from Aber- deen, to Cecil : " It is determined, out of hand, if it be pos- sible, that the Earl of Huntley shall either submit himself, and deliver his disobedient son, John, in whose name all his 170 THE LIFE OF [MEM. V. Memoir of ray, and Maitland, studiously endeavoured, to entrap him into some act of disobedience to the Queen's commands, whether fit, or unfit : Having learned, that Huntley had, at his castle, a cannon, that had been given him, by the Re- gent Arran, while he was Lieutenant in the north, the minister sent Captain Hay to charge Huntley, in the Queen's name, to deliver this cannon, and to carry it four miles, from his house : Though this cannon was dismounted, and the time allowed was short, yet did he, pageants have been wrought, or utterly to use all force against him, for the subversion of his house, for ever : For this pur- pose, the Queen remaineth, in this town, a good space; being the most convenient : For this cause, she hath levied 120 harquebusiers, to use, as she findeth occasion ; and hath, also, sent into Lothian, and Fife, for such as she in- tendeth to employ 3 as the master of Lindsay, Grange, and Ormiston " This letter is in the Paper Office. He after- wards informed Cecil of the Queen's purpose to hold Justice courts, in which great severity would be used against Hunt- ley's friends : And, that more troops were to be raised, for crushing Huntley. [/rf.] We here see sufficient evidence of the design of Murray, and his faction, having the Queen, in leading strings, to crush Huntley. Again : the Queen was implicated, in the moral guilt, of a government so outra- geously violent, and altogether tyrannous. If she was so credulous as to believe what was told her by Murray, and Maitland, against Huntley, her credulity, in such a case, was her crime. the Regent Murray.] THE SCOTISH QUEEN. 171 punctually, obey the Queen's order : And he sent a dutiful message to the Queen, " that, not " only that, which was her own, but, also, " his body, and goods, were at her grace's com- " mand ;" that he found it strange, however, he should be so hardly dealt with, for his son's offences, whereunto he was never privy, nor they, i n his power to correct ; that for the tak- ing of those houses which were held against her grace, he would be the first, who would hazard his body, if her grace would give him such a charge. The soothing messages of Huntley, and his wife, who appears to have been a woman of address, were sent in vain. The Queen's mi- nion had devoted Huntley, and his friends, to destruction. Additional soldiers were raised ; and the adherents of Lord James, during the revolutionary scenes of 1558, and 1559, were summoned, to assist, in crushing the most emi- nent earl of the land. As the plan for entrap- ping Huntley into treason, had failed, owing to Huntley's caution, another project was at- tempted, on the 9th of October, for seizing his castle, and himself ; which, also, failed, from his own flight, and his wife's management : She opened the doors of the castle to the be- siegers, who could find nothing suspicious, within the walls, nor discover any thing, that 172 THE LIFE OF [MEM. V. Memoir of could afford matter of proof." Huntley was not only careful to avoid offence himself ; but he also endeavoured to frustrate the minion's malice, to implicate him in his son's disobe- dience : As Sir John had been charged to sur- render his castles of Findlater, and Auchen- down, Huntley caused those castles to be eva- cuated, and sent the keys of them, on the 8th of October, to Aberdeen, by one Kear, a trusty friend. The keys were now offered to Murray, to Secretary Maitland, to the Queen, who all refused them ; saying that other means had been provided, for obtaining possession of the castles. Murray even caused Kear, who brought the keys, with his brother, to be commited to prison, as suspected persons. We may now n Randolph's letter to Cecil of the ISth of October 1562, in the Paper Office. Id. This refusal of the keys took place, on the same morning, that the parties were sent to seize Huntley-castle. In the same letter of the 12th of October, Randolph in- formed Cecil of the purpose, to have Huntley openly denounc- ed rebel, which would prevent him from having succour of any of his adherents ; and that way they [the ministers] think utterly to overthrow him. Randolph also stated, that there were practices already in hand, for getting Huntley be- trayed, by those in whom he trusted; and he concluded, that in the Highlands, to which Huntley had retired, there were no want of good fellows, to be instruments of any such pur- pose. [Id.-] the Regent Murray.'] THE SCOTISH QUEEN. 173 perceive, that nothing could save Huntley, from ruin. As he had retired to Badenoch, to avoid those snares, Murray cased an Ordinance of Council to be passed, on the 15th of October, that if George, Earl of Huntley, do not appear, on the morrow, the 16th of October, to an- swer such things, as shall be laid to his charge, he shall be denounced rebel, for his contempt, and his houses shall be seized. p He was accordingly, denounced rebel, on the 17th of October, for not doing what it was impossible for him to do.' The Countess, hearing of such measures, repaired towards Aberdeen, on the 20th of October ; in order to present herself to the Queen, and to supplicate justice, for her husband : But, when she had advanced, within two miles of the city, she was stopped, by the gentleman, whom she had sent forward, to re- quest an audience ; and who informed her, that the Queen would not see her : The Countess now returned to her castle, loaded with sorrow/ After this outrage to that dignified woman, the P Keith, 226. ^ Randolph's letter of the 23d of October, in which he intimates, that Huntley was then, in Badenoch, two days journey, from Aberdeen. r Randolph's letter to Cecil of the 23d of October, in the Paper Office. VOL. III. N 174 THE LIFE OF [MEM. V. Memoir of Earl sent a message to the Court ; offering to enter himself into ward, till his cause should be tried, by the whole nobility : but, a proposi- tion, so consistent with justice, was, also, re- fused.' In all this we see the very definition of tyranny, which was natural, in Murray, and his faction, but, absurd in the Queen, who was acting against her own interest and character. As soon as Huntley had been thus denounced a rebel, Murray, called out additional forces ; and he let loose upon the devoted victim, the clans of Forbes, Lesley, Grant, Mackintosh, and other enemies of the Earl ; to pursue him, and his adherents, with fire, and sword. 1 When Huntley was informed of those events, de- nouncing him a rebel, for not appearing at Aberdeen, he returned to his Castle, and as- sembling his friends, and adherents, he advanced southward, on the 28th of October, and en- camped on the hill of Fare, lying about fifteen miles, from Aberdeen." Murray, hearing of 1 Anderson's MS. Hist. Scot. iii. 37. 1 Randolph's letter to Cecil, of the 23d of October, in the Paper Office. u Murray, and his faction, gave out, that Huntley's pur- pose was, to march into Aberdeen, and seize the Queen's person j but, so absurd a story cannot be true : For, she was surrounded, by a large body of men, with some of the best warriors, in Scotland ; while Htintley had not more than the Regent Murray.'] THE SCOTISH QUEEN. 175 Hnntley's advance, marched out, as the Queen's lieutenant, with 2000 well-appointed men ; and surrounded the devoted Earl, with his adherents. Huntley surrendered himself a prisoner; as did his son, John, the author of all the mis- chief, according to Randolph ; and also, a younger son, Adam, a boy of seventeen. About 120 of Huntley's followers were slain;* and as 500 supporters, who had been hastily collected, to do him honour, rather than to fight j as Randolph, who had two servants on the field, expressly states, in his letter of the 2d of November, in the Paper Office : In this, he corrected his former letter of the 28th of October. Doctor Robertson, who never saw those instructive letters, grossly misrepre- sents the whole circumstances of that affair, at Corrichie : He says, Huntley advanced with a considerable force towards Aberdeen, and filled the Queen's small court, with the utmost consternation ; and that Murray had only a handful of men, in whom he could confide ; but, by his steady courage, and prudent conduct, gained a miraculous victory : For the as- sertion of Murray's having only a handful of men, he quotes Keith, 320, in which, there is not one word of the force, at Corrichie, on either side 5 the force, there spoken of, is what the Queen had about her, two months before, on her first pro- gress into the North, not on her return, at Aberdeen, after new troops had been raised, and old ones summoned, to that premeditated, and barbarous scene. x Randolph states, that many of Huntley's men threw away their spears, and endeavoured to escape ; but Murray and his company intercepted them, drove them back, and slew about 12O, and took, as many more j and he adds, that 176 THE LIFE OF [MEM. V. Memoir of many were taken prisoners, of whom many were executed. The scene of this slaughter was a hollow, which was called, in the ancient language, Corrichie, in the hill of Fare. " The Earl of Huntley," says Randolph, " after he was taken without either blow, or stroke, being set upon horseback, before him, that was his taker, suddenly falleth, from his horse, stark dead, without a word, that he ever spoke, after he was upon horseback." 7 The earl's body was thrown across panniers ; and so carried to Aberdeen, where it was laid in the Tolbooth.* Huntley 's two sons, Sir John, and Adam, were carried prisoners into Aberdeen ; where, a few days after, Sir John was tried, and con- demned in a Justice court, on the 2d of No- vember; and, immediately, beheaded. Adam would have shared the same fate ; but the Queen revolted at shedding the blood of a youth, whose only offence was, in being with his father, with- out knowing, perhaps, his purpose:* Adam Gordon lived, to be one of the most gallant, DTI Murray's side there was not one man slain, but several were hurt. Letters to Cecil, in the Paper Office, 28th October, and 2d November 1562. T Letter to Cecil, 28th of October. * Knox, 320. Keith, 228 j Pitscottie, 215 : This last writer adds, that other five gentlemen of the name of Gordon, were hanged, at Aberdeen, on the 30th of October. the Regent Murray.-] THE SCOTISH QUEEN. 177 and successful commanders, who struggled, in many a desperate field, to keep alive the last spark of the Queen's authority, in Scotland. Well might she revolt, when she saw her au- thority, name, and person, employed, in carry- ing on such illegal, and barbarous proceedings, as Scotland had, scarcely, ever seen before ; as such unprincipled miscreants had not till now been admitted, to rule this unhappy land : In the effluxion of five guilty years, the same rulers offered similar outrages to the Queen herself, by assassinating her Secretary Rizzio, in her presence ; by murdering her husband, Darnley, in her metropolis ; by dethroning, and expelling herself, from her kingdom. The Earl of Su- therland, who had attended the Queen, during her progress, seeing the purpose of Murray, by means of the Queen's acquiescence, in what was told her, by ministers, who had an interest to deceive her, to crush his relation, Huntley, is supposed to have communicated some intel- ligence of his danger : This conduct being dis- covered, by finding, or forging, a letter of Sutherland, he was forfeited, with Huntley, on the 28th of May 1563 ; and he only saved his life, by fleeing, from a country, which was no longer safe, for honourable men. It is a memorable fact, that Huntley, and Sutherland, were two of those nobles, who had sent Bishop 178 THE LIFE OF [MEM. V. Memoir of Lesley to France, with offers of duty, and ser- vices, to the Queen ; while Murray, Maitland, and other considerable men, offered their duties, and services, to Elizabeth. From this great example, it is quite apparent, that Murray might have easily ruined any other family, in Scotland, by carrying, with him, the Queen, and her government, with Secretary Maitland, to propagate falsehoods, and to pen forgeries, appropriate to the object. While these proceedings were thus carrying on, at Aberdeen, for ruining Huntley, and his family, and his friends, his eldest son, Lord Gordon, who had married the Duke of Chattelherault's daughter, lived with his father-in-law, at Hamilton. 6 But, in order to effect Murray's whole purpose of " the utter subversion of Huntley's house, for ever," it was essential, that his innocent heir should be involved in his father's ruin ; and, un- luckily, for Lord Gordon, he held, in his own right, several heritable offices, and valuable lands, which Murray coveted, and could only obtain, by Lord Gordon's forfeiture.' Lord b Randolph's letters. After that guilty proceeding, the Earl of Murray ac- quired, from the Queen, who could refuse him nothing, but her sceptre, and Darnley, a grant of the heritable office of Sheriff of Inverness-shire, with the custody of the Castle of Inverness, and various lands, which were attached to the the Regent Murray.-] THE SCOTISH QUEEN. 179 Gordou was, therefore, arrested, and committed to prison, after the Queen's return to Edin- burgh. Here, was he confined, during several months ; and without summons, or any warn- ing, was he produced, in a Justice-court, which was held, by Argyle, the Justice-general, the brother-in-law of Murray, on the 8th of Fe- bruary 1562-3. In this court, was he refused the aid of counsel, or a copy of his charge, or communication with his friends, nor was he allowed to make objections to the jury, or wit- nesses : And he was of course found guilty of concealing the treasons of his father, and bro- ther, which they had never conceived ; he was condemned, as in cases of treason, at the Queens pleasure* As the Queen would not give her authority, for his execution, on such a sentence, he was confined, in Dunbar-castle, till Murray's baneful influence, with the Queen, no longer disgraced her government. 6 On that event, Castle, on the 6th of May 1563. [Privy Seal Reg. xxxi. 94-5.] d The Earl of Huntley, and the chiefs of the several fami- lies of Gordon, were tried in Parliament, during the follow- ing May : But, the injustice of Lord Gordon's trial was too apparent, for the approbation of a Parliament, which was wholly under Murray's influence. [Part. Record, 774.] ' Gordon of Straloch states, that Lord Gordon, narrowly, escaped an attempt of Murray to have him executed, in the 180 THE LIFE OF [MEM. V. Memoir of when the Queen wanted help, Lord Gordon was liberated ; restored to the estates, and the honours of his father ; his forfeiture was for- mally rescinded, by a healing Parliament/ Castle of Dunbar, by means of a forged warrant, under the Queen's hand, for his execution : This relation was given him, by his father, Gordon of Pitlurg, who lived, at the time, and was the confident, and trustee of Lord Gordon. Crawford's Chancellors, 91. A similar statement is given, from an old MS. by Dr. Patrick Anderson, in his MS. History of Scotland, iii. 38. This same story is told, at full length, in Majory bank's dnnals of Scotland, 14-16. f When the Queen was returning, from her disgraceful progress, into the north, she was met, at Dundee, on the 12th of November, by the Duke of Chattelherauld, who came to solicit her favour to Lord Gordon, his daughter's husband : But, the solicitation of the Duke, the second person, in Scotland, and the heir presumptive to the crown, by the advice of the Queen's minion, was refused : He was even ordered himself to arrest Lord Gordon, and deliver him to prison. The Duke, fearing the consequences of disobey- ing such an order, brought his son-in-law to Edinburgh, on the 28th of November, when the prisoner was committed to the Castle of Edinburgh. Keith, 229-31 j Randolph's Let- ersj Pitscottie, 215 j Knox, 231. Anderson's MS. Hist, of Scot. iii. 38. The policy of this order is pretty apparent : Murray looked on the Duke, as second person, in the king- dom, and heir presumptive of the crown, with an evil eye : Though he had conciliated the Duke, when he set out to ruin Huntley, who was connected, by marriage, with the Duke, the minion never lost sight of his purpose to acquire the crown. [Goodall, ii. 358.] Had the Duke failed in exe- the Regent Murray.'} THE SCOTISH QUEEN. 181 On the fall of Huntley, armed men were sent, to take possession of his castles, and to rifle his property. The plunder was collected at Aberdeen ; and thence shipped to Leith : In the Treasurer's accounts of November 1562, there is a charge of 30/. 7*. for the freight of that unhallowed cargo. The numerous friends, and vassals, of Huntley, were prosecuted, and fined to an enormous degree. A great many escheats were granted to those, who had assist- ed, in crushing that unfortunate noble: and much other forfeited property was sold to the friends of the accused persons, as we may learn, from the Privy Seal record, which contains many remissions, which were sold, for high prices. When the Queen, and her chief advisers, left Aberdeen, on the 5th of November 1562, Ri- chardson, the Treasurer, M c Gill, the Clerk- register, Spens, the Advocate, and Wishart, the Comptroller, were left behind, to levy amerce- ments, to settle escheats, and to compound, for remissions. 8 The Queen, and her court, re- cuting that malicious order, Murray had been supplied with a cause of denouncing him a rebel, and pursuing him to his ruin. g Within a short period, there were levied on a wretched people, for amercements, and escheats, 3,4091. 15*.; and for the sale of remissions, 3,542J. 6*. 8d. ; and much more was levied, after the period of this account, in the Treasurer's books. 18S THE LIFE OF [MEM. V. Memoir of turned, by Dunottar, Arbroath, Dundee, where the Duke met her, Perth, and to Stirling, on the 18th of November : She proceeded thence to Linlitbgow, on the 2 1st ; and on the 22d, she arrived, at Edinburgh : As the Queen had set out, from Stirling, on the 18th of August, and returned to it, on the 18th of November, she had thus spent three guilty months, on her dis- graceful progress. Randolph's dispatches, from the 10th of August to the 18th of November, indeed, evince, that Murray, and Maitland, de- luded the Queen into such a progress ; and deceived both her, and Randolph, as to Hunt- ley's conduct, and intentions : They even de- ceived Randolph, as to the Queen's conduct, upon whom they artfully cast the odium of the oppressive, and illegal measures, by which Huntley was driven to his ruin. h But, Bucha- nan, and Knox, who considered Huntley's over- h It appears, that artifices were used, to throw upon the Queen the disgrace, attending the cruel, and illegal treat- ment of Lord Gordon. Knox, 321, says, " that the Earl of Murray laboured, at the Queen's hand, for the safety of Lord Gordon's life, which hardly was granted :" This re- presentation is not only contrary to the fact j but is incon- sistent with the real characters of the Queen, and her mi- nister j as she was as much distinguished for her clemency, as Murray was, for his cruelty, to all those, who stood in the way of his ambition, or avarice. the Regent Murray.'] THE SCOTISH QUEEN. 188 throw, as a praiseworthy achievement, gave the credit of so great an action to the Earl of Mur- ray, and, mention the Queen, as repining at his success. On the 1st of November 1562, four days after Huntley's death, his bowels were taken out, and his body was salted ; it was conveyed, by sea, to Leith, and was kept in Holyrood-house, for several months. On the 26th of May, the Par- liament, which was to adjudge Huntley's body, was opened, when Murray carried the sword. 1 On the 28th, the dead body of Huntley was produced before the Parliament, and sentence of forfeiture was pronounced against him. The Countess, his widow, with the spirit of her rank, appeared before the Parliament, desired to be heard, by counsel, and protested against the proceedings: But, her request, and her protest, were equally disregarded. 11 On the same day ' Keith, 239. The Countess of Huntley had come to Edin- burgh, a month before, to solicit the Queen ; but, was de- barred access to her: Randolph, on the 1st of May 1563, wrote to Cecil : " The Lady Huntley can get neither access, nor hope, in her suit." Ib. 239. k The Act of Huntley's attainder was repealed, by the Parliament of April 1 567. See the history of the trial, in absence, and after death, in Hume's Crim. Law, ii. 455-59. The English law of treason was extended to Scotland, by 184 THE LIFE OF [MEM. V. Memoir of sentence of forfeiture was pronounced against John, Earl of Sutherland, and against eleven barons, and gentlemen, of the surname of Gor- don. The same Parliament, which, under the influence of Murray, pronounced those for- feitures, also repealed, under the same influence, the forfeitures of four of the principal assassins of Cardinal Beaton : William Kirkaldie of Grange, Henry Balnavis, John Leslie, and Alexander Whitlaw,were the guilty persons/who were now saved harmless, from prosecution, for one of the basest of crimes. 1 These assassins were devoted adherents of Murray, and very fit instruments, for his blackest designs. Kir- kaldie was one of the most active agents of Murray, in crushing Huntley ; and Murray in- duced the Queen to reward him, with a pension of 250/. a year : He afterwards engaged, in Murray's conspiracy, for seizing the Queen and Darnley, in July 1565 : He went into rebellion with Murray, and was pardoned by the Queen, and restored to his pension, by Murray's per- suasion : He was one of the most enterprising conspirators, for dethroning a beneficent Queen ; and acted, at the same time, as the spy of the the Act of Union, which, virtually, repealed those abomi- nable proceedings 5 whereby any one might be made a trai- tor against his will. ' Knox, 330. the Regent Murray.] THE SCOTISH QUEEN. 185 Earl of Bedford, while Elizabeth's Lieutenant on the Borders : m Grange died upon the gal- lows. Henry Balnavis was, also, one of the assassins of Beaton, and had a pension from Henry, and Edward, in reward : He was, by Murray's influence, made one of the Lords of Session, in February 1562-3 ; and he continued to serve Murray's purpose, throughout his career of conspiracy, and crime ; He was one of the assessors, who went into England, with his guilty protector, to accuse the Queen ; for which service, he was rewarded, by a gift of 300/. ; as we know, from the Treasurer's books. John Leslie, who first gave the Cardinal a deadly stab, was, also, rewarded, by Henry VIII., with a pension of 125/. a year, for his service ; and was now made secure, by statute. Alexander Whitlaw appears not upon Henry's pension-list ; though, as it should seem, he was worthy of that honour ; as he was one of the assassins of Rizzio. But, the most important act of this Parliament, was the Act of Oblivion, for all the offences done, from the 6th of March 1558-9 to the 1st of September 1561, m Kirkaldie's father, and himself, had both pensions, from Henry VIII., and Edward VI., for their agency in Beaton's assassination ; as we have already seen, from the English Register of Privy Council. 186 THE LIFE OF [MEM. V. Memoir of which completely covered the treasonous pro- ceedings of Murray, and his guilty faction, during the rebellious years 1559, 1560, and 1561." The contests, which ensued, for a time, between Murray and Knox, concerning the neglect of religion, and its professors, says Robertson, is a strong proof of the attachment of that statesman to the Queen : But, Murray's attachment to Elizabeth was greater, and his attachment to himself was still more. About " See the Stat. Book. So jealous were the leaders of the Parliament of 1563, on that head of oblivion, for the past, that the Estates were induced to enact, that it should not be lawful, for any future Parliament to derogate from this Act of Oblivion. At the Parliament, of 1563, little was done, for religion ; though penalties were enforced on adultery, and witchcraft, sorcerie, and necromancie. Randolph wrote to Cecil, on the 26th of June 1563, " not to open suspected letters j but, to send them to the " Lord of Murray, of whose service the Queen of England is " sure: The Queen of Scots," he adds, " being desirous to free " [from prison] the Archbishop of St. Andrews, could not, " although she wept, to see her power resisted, and op- posed." Keith, 241. On the 19th of May, preceding, Murray caused the Queen to imprison the Archbishop, the Prior of Whithern, and others, for saying mass, at the preceding Easter. This, like much of Murray's administration, was a mere act of tyranny j as there was no law to justify such an outrage : The ancient religion still remained under the au- thority of law j and the new religion was merely tolerated : the Regent Murray.'] THE SCOTISH QUEEN. 187 that period, Murray is said to have made a proposal to the Queen, which points very plainly to his ultimate views : He advised her, at the age of one-and-twenty to make a settlement of the crown, on four families of the name of Steuart, who should succeed, intimating him- self, as one of them. But, the fact is, that the crown had been already settled on the Duke of Chattelherauld, failing the Queen, and her issue: It was, however, an age of projects, which did not weigh objections, in very nice scales : And, nothing was too difficult, for the daring of Murray, who was supported, as we have seen, by Cecil, and favoured, by Elizabeths The proceedings of the Parliament, in May 1563, did not, by any means, satisfy Knox, who saw too little done, for the Kirkmen, and too much for the nobles. q Knox certainly expected, that the Queen's minister would have obtained from her, and the Parliament, an Act, for esta- blishing the religion, and abolishing every other The Acts of the Convention of 1560 were not laws, till they were confirmed, by the Parliament of December 156f. P See the App. to this Memoir, No. viii. * In that Parliament, which sat under the influence of Murray, who obtained, from it, a confirmation of his earl- dom, as well as the Act of Oblivion, [Knox, 330.] Knox says, sarcastically, " that the Act of Oblivion was passed, " as some lords had interest therein." Ib. 331. 188 THE LIFE OF [MEM. V. Memoir of worship: But, such an act would have sup- pressed the Queen's own mode of worship, and involved many interests, in great confusion. Disappointed, in those objects, Knox vented his rage, by railing bitterly against the Queen's ministers, who had been the leaders of the Congregation ; and accused them of apostasy, servility, and selfishness. In consequence of this intemperance, Murray, and Knox, did not speak, familiarly, during eighteen months. In this falling out of two men, who both courted popularity, by different means, for different ends, Doctor Robertson pretends to find a strong proof of Murray's attachment to the Queen, while his real affections were with Eli- zabeth, on his own account ; as we may learn from the intimations of Randolph/ During this rupture, however, Murray, constantly pro- tected Knox, and his followers ; as they were useful to himself, how much soever their irre- ligious conduct was offensive to a religious Queen. The followers of Knox broke into the Queen's chapel, at Holyrood-house, during divine service : Two of the leaders, in this out- rage, were summoned to answer for their mis- conduct : And Knox, meantime, sent out cir- cular letters, to summon his disciples, from all r Knox, 331 j Keith, 241. the Regent Murray.-] THE SCOTISH QUEEN. 189 parts, to Edinburgh, on the day, which was appointed for their trial. This was deemed, by the Privy Council, to be treason, in Knox, who had taken upon him to convoke the Queen's subjects, without authority : He was, for this treasonable offence, ordered to be tried: But, as Murray was then, in the north, the trial was post- poned till his return. Every influence was used, privately, to induce Knox to acknowledge his offence, and to appeal to the Queen's clemency ; but, every effort was used, in vain, to move Knox's obstinacy. He even justified what he had done, by the example of Murray, and the chief congregationalists, during late times, which the recent Act of Oblivion had covered, with forgiveness. He was again summoned before the Privy Council, consisting, chiefly, of his own disciples, with Murray, at their head, when he was acquitted of the imputed treason, which he avowed before them.' This absurd acquittal induced Doctor Robertson to remark, that it showed " the low condition, to which " the royal authority was then sunk ; and the " impunity, with which subjects might invade " those rights of the crown, that are now held " sacred." The Doctor cannot be much praised, for the constitutional doctrines, that obscure, ' Knox, 338-43 ; Keith, 244-5. VOL. III. O 190 THE LIFE OF [MEM. V. Memoir of rather than enlighten his history. There was, plainly, no want of royal authority, when Huntley, and his sons, were hunted down, by every stretch of undue authority. The ac- quittal of Knox, guilty, as he was, of treason, on that occasion, and of sedition every day, only evinces, that this fanatical anarch was now protected, by Murray, as he had long been, by Cecil ; being a constant thorn, in the Queen's side. Randolph wrote Cecil, on the 27th of February 1563-4, two months after that ac- quittal, " that there was some unkind ness, " between the Queen, and Murray, about Knox, " whose part he taketh." 1 Meantime, Murray, with his two bastard brothers," went into the north, during October 1563, to hold Justice-courts, within his earl- dom ; to take possession of the estates, which, 1 When Secretary Maitland had exhausted his reasoning, and his spirits, on this wayward prophet, he retired, in dis- gust : But, the minion, Murray, remained, wishing to con- verse with Knox, on the state of the court: And, the preacher cut the statesman short j as Knox wished not to be troubled with such a subject, from so selfish a personage. [Knox, 339.] In this manner, then, do \ve see the tower- ing ambition of Murray, who was ever double in his words, and meaning, paulter in a double sense with the apostle, who was equally ambitious, in his own pursuits, and equally double, in his means. [Keith, 249.] "John, Prior of Coldingham, died, at Inverness, in No- vember 1563. the Regent Murray.'] THE SCOTISH QUEEN. 191 we have seen, recently, granted to each of them, from the spoils of the Gordons ; to display their new power ; and to defy the ghost of the blood-boltered Huntley. It is curious to remark, that Murray, on that occasion, adjudged, on the classick ground of Inverness, two of the weird- sisters, who appeared to another ambitious mi- nion, which also grasped at the stained sceptre of the gracious Duncan." Murray had another object of importance, in the north, which was equally fraudful, the obtaining of additional titles to the injured Countess of Buchan's estates. The year 1564 was, chiefly, distinguished, for the disingenuous negotiation, about Mary's marriage, which was managed, on her side, by two men, who wished not her marriage, Murray, and Maitland. Much of what was said, and done, on the part of Elizabeth, does honour to her usual duplicity. Lady Lennox, and her son, Lord Darnley, had been now before Mary's eyes, ever since the demise of Francis II. The x In the late Parliament, passed the Act, imposing the punishment of deat h, on witchcraft, sorcery, and necromancy. [Acta Part. 539.] The first victims to the absurd severity of this act, were the two old women, who were burnt, by Murray, at Inverness. It was on this Act, that Murray exe- cuted Sir William Stewart, the Lion-king, in 1568, on the absurd charge of attempting to procure Murray's death, by witchcraft, and necromancy. [Birrel, I*'.] 192 THE LIFE OF [MEM. V. Memoir of Queen knew all the difficulties, and all the facilities, of such a match. Lady Lennox, who was, equally with herself, a descendant, from Henry VII., might have stood, in competition, with her, for the English crown, in case of Eli- zabeth's demise, without lawful issue. Lady Lennox had, also, pretensions to the earldom of Angus, in contest, with the heir male. And Mary saw that, by marrying the youthful Darn- ley, it might be easy to give equivalents to Lady Lennox. In prosecution of all those purposes, the Earl of Lennox came to Scotland, in Sep- tember 1 564, at the end of twenty years expa- triation ; bringing with him a recommendatory letter from Elizabeths His recommendations insured him a welcome reception, at Edinburgh. The Earl bestowed his jewels on men, who were in the habit of receiving gifts : And Lady Len- nox sent a diamond to Murray.* A Parliament was, soon after, called, for the purpose, chiefly, of reversing Lennox's attaind- er, which would let in various claims upon those, who enjoyed his forfeited estates. 8 The r See the letter of the 1st of Sept. 1564, in Keith, 255. Mary, says Randolph, imputed the coming of Lennox to the Queen of England's request. [J6. 259.] Melvill'sMero. 52. The Duke, as chief of the Hamiltons, considered the the Regent Murray.] THE SCOTISH QUEEN. 193 Parliament assembling in December 1564, the Queen made an oration, in favour of Lennox, which was enforced, by the eloquence of Secre- tary Maitland : It was now shown, that the principal reason of restoring Lennox was the request of her good sister of England. b Mur- ray had his earldom confirmed, which indeed wanted confirmation ; and he had a consider- able grant of lands, in Aberdeenshire ; of Strath- dee, Braemar, and Cromar, some of the spoils of the Earldom of Mar, e which Murray selfishly retained. Some other estates were confirmed to considerable men. And above all, to gra- tify Knox, and his disciples, it was, at this Par- liament, made penal to be present, at mass, except in the Queen's chapel. d We may thus see again the Queen's feelings outraged, by her minion's factiousness, at the call of fana- ticism. The Queen, as well as Murray, by those Parliamentary measures, seems to have obtain- ed the various objects, which she had, imme- diately, in view : Lennox was restored to his titles, and estates ; and Lady Lennox confirmed to the young Earl of Angus, the Earldom, to recal of Lennox, as his overthrow, especially, if the Queen should marry Darnley. Keith, 259. b Ib. 268. e Murray obtained that grant on the 22d of December 1564. Privy Seal Register. d Keith, 268. 194 THE LIFE OF [MEM. V. Memoir of which she had pretensions, as heir-general. 6 It was foreseen, that the restoration of Lennox would, naturally, draw after him, his son, Lord Darnley, who had never been once mentioned, or alluded to, during 1 the late negotiation, about the Queen's marriage. The Duke, and Mur- ray, as well as Randolph, who acted, as the instrument of Murray, endeavoured, by all means, to prevent Darnley's journey into Scot- land/ Early in February, Darnley not only obtained leave to go into Scotland, on pretence of visiting his father, but even carried with him, recommendatory letters, from Elizabeth, to e Randolph informed Cecil, on the2d of December 1564, that Lady Lennox had confirmed that Earldom to the heir male j and that, she taketh, to be better, than to be de- clared illegitimate, which was laboured by some. [Keith, 268.] This confirmation was, probably, granted j in order to secure the Earl of Morton, the Earl of Angus's uncle. ' Id. Randolph again wrote to Cecil, on the same subject, in his letter of the 13th : But, the efforts of the Duke, and Murray, were attended, by a different effect, than what they wished : Elizabeth had pressed Leicester, as a lover, upon Mary, as far as agreeable to her own wishes : And, she now started Darnley, as another puppet, which, she thought, she could dandle, as she pleased : Even Leicester, who preferred Elizabeth to Mary, promoted Darnley's journey to Scotland j and Cecil concurred j trusting to his own artifices, to dis- appoint him, when he pleased. [Randolph's letter to Cecil of the 13th February 1564-5, in the Paper Office.] the Regent Murray.] THE SCOTISH QUEEN. 195 Bedford, at Berwick, to Randolph, and to the Queen of Scots. Mary seems to have expected Darnley, for some time ; and went into Fife, slenderly attended, upon a progress ; in order to enjoy quiet, during so anxious a moment. At the beginning of February, she even resided, at a merchant's house, in St. Andrews, where she was visited by Randolph, but not enter- tained, by Murray, at the seat of his Priory. The Queen made Elizabeth's envoy dine, and sup, with her every day, while he remained ; and he, in return, no doubt, rode out with her, after dinner, which was her daily habit : She laughed, and talked much, and toasted her good sister, at dinner, with great praise ; but, she would not intimate her predilection for any lover ; though she acknowledged, that not to marry could not be fit for her. When she heard of Darn ley's arrival, in Scotland, she came forward, from St. Andrews, where Ran- dolph had left her, to Wemyss-castle, which was then inhabited by Murray ; and in which she probably meant to receive him : From Edinburgh, where he remained three nights, he crossed the Forth, to Fife, and paid her his first visit, on the 16th, at Wemyss-castle, as we have already seen. The arrival of Darnley gave great offence to Murray, and his faction ; as we know, from 196 THE LIFE OF [MEM. V. Memoir of Randolph's dispatches : But, as he came, with Elizabeth's recommendations, Murray enter- tained him hospitably ; carried him to hear Knox's sermon ; and made him dance with the Queen, at his house, on Sunday evening; as we have perceived. Thus, prosperously, went forward Darnley's voyage, while Elizabeth's breath continued to fan his sails. From the moment, that it was, distinctly, perceived, that Mary would marry Darnley, the wind changed ; and drove his frail bark among shoals, and rocks. Randolph, as he was not let into the real secret of his own court, continued to write, from Edinburgh, even after the arrival of Darnley there, of the offence, which Elizabeth had given to the Duke, and to Murray, and his faction, by sending Darnley to Scotland. 8 The whole of the English partisans, the Duke, Morton, Glencairn, Argyle, and their several followers, with Murray, at their head, declared their decided opposition to Darnley's marriage, before the middle of March ; h trust- ing to Elizabeth's support : The Duke, Murray, and Argyle, entered into a confederacy against * Randolph's letters of the 12th of February, and 21st of May, in the Paper Office: And see Keith, 269 ; and his App. 158. h Randolph's letter of the 20th of March to Cecil. [Keith, 272.] the Regent Murray.] THE SCOTISH QUEEN. 197 all, except God, and their sovereign. On the 7th of April, Murray retired, from court, in disgust ; and, consequently, abdicated his place of prime minister, in deference to Eliza- beth, or in hatred to Darnley. On the 15th of April, it was plainly discovered, " that the Queen would have the Lord Darnley/ Nor, was the Queen wanting, in activity, and address, for promoting her own purpose. She assembled a numerous convention of her states, among whom, were the associated nobles ; the Duke, and Argyle, and Murray : k This convention ' Cecil's Diary. On the 18th of April Secretary Maitland arrived, in London j in order to explain, to Elizabeth, Mary's purpose of marrying Darnley. On the 1st of May 1 565, the Privy Council of England came to a formal de- termination, to oppose the marriage of the Scotish Queen with Darnley, by argument, by arfrfice, by force. Keith, 274 j Murdin, 758. k On the 5th of May 1565, Murray, being urged, by the Queen, to sign a paper, consenting to her marriage, with Darnley, positively refused. At that time, saith Randolph, the Queen hateth the Duke, the Earls of Argyle, and Mur- ray 5 alleging against him [Murray] that he goetk about to set the crown upon his own head. [Murdin, 758.] On the 3d of May 1565, the Earls of Argyle, and Murray, came to Edinburgh, at the head of 5000 men, to keep the lawday against Bothwell : But, as they knew, that their opponent would not appear, at Edinburgh, their object, in bringing such an army, must have been to overawe the Queen. [Id.] 198 THE LIFE OF [MEM. V. Memoir of appears to have, unanimously, assented to the Queen's proposed marriage, as being fit, in it- self : Meantime, Elizabeth, by means of Throg- morton, whom she sent, purposely, into Scot- land, carried on against Mary, among her nobles, the most dangerous intrigues, in oppo- sition to her marriage. 1 The Duke, the Earls of Argyle, Murray, and Glencairn, retired in concert, to their own castles ; in order to wait awhile Elizabeth's movements, and daily events. 1 " Opposition to the measures of government were not, in those times, carried on, by sly in- trigue, or manly debate ; but, by privy con- spiracy, treasonous machinations, and avowed revolt : In this insidious manner, then, did Murray's cabal oppose the Queen ; and Darn- ley, Argyle, and Glencairn, attended the as- sembly of the Kirkmen, at Edinburgh, which There had been more, said Randolph to Cecil, " if they had not been stayed, by the Queen, who hath shown herself now of late [3d May] to mislike my Lord of Murray." 1 Keith, 276-79. m Id. Murray carried on, in the meantime, a traitorous correspondence with Secretary Cecil, and the Earl of Bed- ford. [16. 200.] On the 3d of June 1565, Randolph wrote to Cecil : " The Queen of Scots's counsellors are now those, whom before she liked worst : Murray lives, where he listeth." [16.282.] the Regent Murray.-} THE SCOTISH QUEEN. 199 was hostile to Mary's marriage. Murray de- clined to attend the convention, which was called, by the Queen, at Perth, about the same time ; giving out, as a reason, what could not have imposed on any one, that Darnley had formed a plot, to slay him. n This pretence was raised, by an ambitious, and artful man, whose life consisted of such falsehoods, and impos- n It was the constant practice of those insidious times, when there was a real plot, in contemplation, to feign a counterfeit one. Darnley, who was incapable of any de- tailed measures, by adopting such a design against Murray, and his faction, would have dashed his fairest hopes. When Murray was directed by the Queen, and Council, to detail how, and by whom, he had heard of such a plot, he declin- ed to give any explanation. He proposed to wait upon the Queen : but, supposed his person to be in danger : The most effectual assurances of personal safety were given him : But, he declined to appear before the Council. [Reg. of the Privy Council.'] This pretence of personal danger was the mere fiction of an artful man. It is clear,then, that there was no real foundation, for the supposed plot of Darnley against Murray j while there was the most satisfactory proof of a real plot, by Murray, against Darnley, and the Queen. [See evidence of this, in Randolph's dispatch to Cecil of the 2d of July 1565, which speaks of a concert, between the Duke, Argyle, Murray, and Glencairn, " to coerce the Queen." [Keith, 289.] The convention of nineteen nobles and six- teen prelates, at Dumbarton, in September 1 568, are posi- tive, as to this point, of the conspiracy, at the Kirk of Beith, for that end. [Goodall, ii. 3 68- 9.] 200 THE LIFE OF [MEM. V. Memoir of tures. It is, indeed, certain, from the evidence of records, that the Duke, Murray, and Argyle, designed to seize Lennox, Darnley and the Queen, as they passed from Perth, by Lochle- leven-castle, to the Queen's-ferry, on the 1st of July ; to send Lennox, and his son, prisoners, to Berwick ; to imprison the Queen in Loch- leven- castle, for ultimate dethronement. There was, in fact, an insurrection at Edinburgh, in concurrence with that conspiracy, under the in- fluence of Knox. So well laid was this trea- sonous enterprise, that Cecil conceived it to be already achieved. But, their secret was not well kept. And the Queen, hastily, collecting 300 horsemen, at Perth, galloped across the country, by Lochleven, to the Queen's-ferry, before the traitors had awakened, from their guilty dreams. p When Murray found, that his prey had escaped, he gave out, as he had a lie always ready, that he was sick; as we know, from Randolph, his criminal associate. After such a disappointment, and detection, Murray prepared to execute his designs, by his o Keith, 293-73 Melvill's Mem. fol. p. 56. P Murray lay, for the occasion, on the road side, at his mother's house of Lochleven ; Argyle lay, on the other side, at some distance, in Castle Campbel ; and Rothes brought his followers to the Parrot Well. the Regent Murray.'] THE SCOTISH QUEEN. 201 treasonous sword. With his guilty associates, he held a convention, at Stirling ; pretending, like other traitors, to reform both the Church, and the State ; while their real object was civil war, in objection to the Queen's marriage. They sent a trusty messenger to Elizabeth, who lis- tened, with willing ears, to such projects, from every neighbouring partisan, to communicate to her their odious designs, and to ask her treacherous aid.* Queen Mary was aware both of their designs, and her own danger. She charged the traitors to desist, from their crimes; she gave private notice to the Duke, to be- ware of Murray's projects ; she assured her Pro- testant subjects of her protection : And she sum moned all her subjects, as by law they were bound, to collect around her, in arms/ She gave a pardon to Lord Gordon ; she re- called the Earl of Sutherland ; she desired Bothwell, to return, whom, during Murray's rebellion, she appointed Captain of Dunbar- i Keith, 299. It is curious to remark, that Murray, while thus preparing, for civil war, in opposition to the Queen's marriage, did not forget the Countess of Buchan : On the 3d of June 1565, he obtained a charter from the Queen, under the great seal, of the whole estates of the deluded Countess. [Privy Seal Reg. xxxiii. 53 ; and the Charter, in the Great Seal .Record.] Such a swindler was Murray ! T See Keith's App. No. ix. 202 THE LIFE OF [MEM. V. Memoir of castle : And she thus assumed the appearance of vigour, without any real efficiency, as her whole ministers were Murray's retainers. The confederated nobles retired to their castles, when they saw the people collecting around their Queen ; to wait, meantime, the slow de- cision of Elizabeth's doubtful aid,' On the 22d of July, Murray wrote, from St. Andrews, to Bedford, Elizabeth's Lieutenant on the bor- ders ; setting forth the peril, to which he was reduced, on account of his earnest affection to the true worship ; of his goodwill to his own Commonwealth ; and of his passionate regard for the mutual amity, between the two realms : Begging protection, for such a cause ; and hinting to Bedford, how serviceable it would be to him, and his confederates, if the Lieutenant would make an irruption into the Scotish bor- ders, where dwelt some of their most powerful opponents.' This whole letter, which is a master-piece of hypocrisy, was admirably con- ceived, to strike the feelings of the Puritan, Bedford : But, Elizabeth's servants were too well disciplined, to stir an inch, in a warlike manner, without her positive orders." Randolph's letter to Cecil of the 21st July 1565. [Keith, 303.] * Keith, 306. " Bedford was reprehended, by Cecil, for calling Murray, the Regent Murray.] THE SCOTISH QUEEN. 203 We may see, indeed, in the whole proceed- ings of the Privy Council of Scotland, during Murray's rebellion, that the generality of the Queen's servants consisted of Murray's mi- nions. Morton, the Chancellor, Maitland, the Secretary, are expressly said, by the well-in- formed Randolph, to have been, as much con- cerned, in Murray's practices, as if they had been with him, in his convention, or his ca- binet ; and only waited occasions, to betray their mistress. What villains ! On the 28th of July 1565, the very day before her marriage, instead of ordering Murray, to be arrested, she gave that artful traitor a safe conduct for him- self, and fourscore followers, to come to Edin- burgh, on the frivolous pretence of that dan- gerous plotter being afraid of his life.* The actual marriage of the Queen, and Darn- ley, ought to have dissolved the unnatural con- federacy, between the Duke, and Murray, who had divers interests. The Duke was, by law, the presumptive heir of the crown : The bas- tard Murray, encouraged as he was, by Cecil, and his rebellious coadjutors " the lords of the congregation ." And Cecil spoke, doubtfully, of Elizabeth's aid to those lords. x Keith's App. 1 10. Elizabeth would have set a price upon his guilty head, instead of allowing an enterprising rebel to come to her court, with eighty followers. 204 THE LIFE OF [MEM. V. Memoir of was without any right whatever ; was conti- nually grasping at the sceptre, as occasion occurred : But. now, since the Queen, and Darnley, could not be unmarried, unless it were, by the traitorous means, that had once failed, at the Kirk of Beith : to send Darnley out of Scotland, by force, and to coerce the Queen. But, they were unable to effect either, without the avowed interposition of Elizabeth, in arms. The confederated nobles, however, continued their treasonous practices, throughout the whole month of August 1565 ; expecting the promised money, and men, from Elizabeth's caution, or duplicity. The Queen, supported as she was, by the genuine voice of the whole people, who approved of her marriage, made successful efforts to oppose Murray, and his guilty coadjutors ; though he might have been, immediately, expelled, if it had not been, for the treachery of Maitland, who betrayed her counsels, and Morton, her commander, who directed her army to the north, when he ought to have followed the rebels, to the southward. On the 7th of August 1565, Murray was, for- mally, denounced a rebel ; and the Duke, Argyle, and others, were warned not to comfort him, if they would avoid the pains of treason. y r Keith, 310. the Regent Murray.] THE SCOTISH QUEEN. 205 Elizabeth, privately, conveyed pecuniary aids to Murray, and also sent Tamvvorth, to intrigue for him, with the help of his avowed partisan, Randolph. 1 The principal rebels were induced by the Queen's superiority, and Elizabeth's pe- nury, to flee into the impervious mountains of Argyle. The Earl of Athol was now empow- ered, to pursue the Earl of Argyle, with fire, and sword, as a rebel.* After all those preparatory steps, the Queen, and Darnley, marched, from Edinburgh, at the end of August, towards Lin- lithgow, in quest of the rebels : They pressed for- ward to Stirling, and thence to Glasgow ; while the hearts of her principal ministers were with Murray. The rebels, meantime, passed, from Hamilton, to Edinburgh, with no great force, on the first of September ; but, as the castle fired upon them, and the townsmen were un- friendly, they soon found it necessary, to march towards the south-west ; pointing at Dumfries. Robertson remarks how well the Queen's ar- mies were conducted, on that occasion, when they were carried northward, while they ought to have pressed forward, towards the south: If he meant, how well her armies were conducted, for z 16. 312 : During that rebellion, Tarn worth, and Ran- dolph, were both restrained, as well they ought ; their conduct being treasonous ; the first in Dunbar : the second^ in Edinburgh. Lodge's Illust. i. 353. a Keith, 313-14- VOL. III. P 2CX5 THE LIFE OF [MEM.V. Memoir of the safety of the rebels, his 'observation must be allowed to savour of sense. As Murray retired upon Dumfries, towards the English border ; so Morton directed the royal army northward, into Fife, which precluded all hope of pursuit. The rebels, as they were not followed, remained up- wards of a month, about Dumfries ; looking for Elizabeth'aid ; and trusting to such ca- sualties, as their friends, in the Queen's coun- cils, might contrive. But, Mary, returning at length, from Fife to Edinburgh, marched thence on the 8th of October, to expel the fugitives, or to force their submission." Murray, and the guilty nobles, were, now, compelled to avow their impotence, and malignity, by seeking shelter, in England, where they hoped to be received into the frigid arms of Elizabeth.' b Randolph wrote to Cecil, from Edinburgh, on the 8th of October 1565 : " This Queen sets forward towards Dum- fries, with all the force, that she can make, with many in her company, that will do her little service, when they come there : She is now, at this point, that she knoweth not, whom she may trust ; so much misliked is her doings [by the English faction] : The whole of the north is come in to her, of whom is the Lord Gordon, restored to the Earldom of Huntley : In fine, the Earl of Athol, and Bo'thwell, are her chief trusts." * Keith, 816. Elizabeth had, in fact, commenced hosti- tilities : But, hearing of the retreat of Murray, and his rebels, she recurred to her usual practice of secret supplies of money, as well as intrigues of policy. the Regent Murray.'] THE SCOTISH QUEEN. 207 Her Lieutenant, and his Wardens, received them, with great civility ; and they moved to Newcastle, on the 15th of October ; in order to wait, till Elizabeth had settled her conscience, as to the mode of receiving Murray, and his friends, who had risqued much in following his ambition, and her artifices. They were well received by the Earl of Bedford, Elizabeth's Lieutenant, on the borders, who, as a Puritan, entered into their views, and promoted their prospects. Murray, relying on the protection of Cecil, set out, from Newcastle, for London, to solicit the support of Elizabeth, who had urged him into rebellion, by so many inducements. But, he was stopped, as he advanced, towards Lon- don, at Ware. d Cecil, meantime, chid Bedford, d There is a letter, in the Paper Office, to the English Privy Council, dated at Ware, the 21st of October 1565, which shows the embarrassments of both parties : " Upon my journey," says Murray, " very near this town of Ware, I received your honours' letter, from a servant of Mr. Ran- dolph's passing to Scotland ; and thereby understand the Queen's majesty's resolution, plainly, to be, that it were not meet for me, to come, at this time ; but, to forbear such open dealings, with her majesty, until it may be further considered what shall be meetest for me to do. I am sorry to have been so late advised of her majesty's resolution, as I am persuaded your honours knew not, that I were so far upon my journey ; but so soon as I were certified, I stayed here, at Ware, conform to your honours dasire." 208 THE LIFE OF [Msac. V. Memoir of for allowing Murray to come up to London ; and Bedford could only excuse himself, by saying, " that he could not prevent him, with- out using violence." Murray soon after, by the artifices of Cecil, obtained, however, an au- dience of the Queen. 6 Of this interview, we have a very curious account, from Sir James Melville, the partisan of Murray : " At length," says he, " the nobles were compelled to flee into England, for refuge, to her, who, by her am- bassadors, had promised to hazard her crown, in their defence, in case they were driven to any strait ; because of appearing against the said marriage; though this was, expressly, denied them, when coming to demand help : For, when they sent up my Lord of Murray to that Queen, the rest abiding at Newcastle, he could obtain nothing but disdain, and scorn, till at length, he, and the Abbot of Kil winning, his compa- nion, in that message, were persuaded to come, and confess unto the Queen, upon their knees, in presence of the ambassadors of France, and Spain, that her majesty had never moved them e Bedford, nevertheless, on the 24th of October, wrote Cecil, from Berwick : " 1 heartily pray you, to favour, and further, the Earl of Murray, and the common cause, that he cometh up for : how much he standeth thereupon, I need not tell you." The original letter remains, in the Paper Office. the Regent Murray.-] THE SCOTISH QUEEN. 209 to that opposition, and resistance, against the Queen's marriage : For this, she had desired to satisfy the said ambassadors, who both al- leged, in their master's names, that she had been the cause of the said rebellion, and that her only delight was, to stir up dissention among her neighbours : Yet, by this cnnning, she overcame them : For, she handled the matter so subtilely, and the other two, so cow- ardly, in granting her desire, contrary to what was truth ; being put in hopes of relief, if they would so far comply with what was judged her interest, for the time, that she triumphed over the said ambassadors, for their false allegations : But, unto my Lord of Murray, and his neigh- bour, she said ; Now, you have told the truth ; for neither did I, nor any, in my name, stir you up against your Queen : And your abominable treason may serve, for an example, to my own subjects, to rebel against me : Therefore, get you out of my presence ; you are but unworthy traitors."' Thus happy was Elizabeth, in her hypocritical doings ! and thus low could the ambition of Murray stoop : Yes ; to be a king, he demeaned himself more than became a man : Of the conduct of Elizabeth, there cannot be two opinions : Like a fiend she tempted, and f Melvill's Mem. fol. p. 57 210 THE LIFE OF [MEM. V. Memoir of betrayed: Like a fury, she reproached, and tormented, the miscreants ; and like another Hecate, she thrust them forward into rebellion ; and then, deceived them, for the gratification of her envy, and her hate.* In return, for such * The whole State Papers demonstrate, that Elizabeth incited Murray to rebel against his sister, and benefactress, and Queen : Elizabeth gave him every possible assurance of support j she contributed, secretly, some money j Randolph, her agent, was Murray's constant prompter, throughout several months. [See Elizabeth's letter to Randolph, of the 10th of July 1565. Keith, 296. Seethe letter of the Duke, Argyle, and Murray, of the 18th of July. Ib. 300. See Randolph's letter to Elizabeth of the 19th of July, Id. ib. 303.] They all show the secret incitements of the English Queen. There is a letter, in the Paper Office, from Mur- ray to Leicester, dated, at Carlisle, the 14th of October fe 1 665, saying : " I understand how favourable your honour hath been, to the furthering of this our common action. By your Queen's cold dealing herein is a great part of my friends ruinate ; and I, and the rest of the nobility, here, put to this extremity, to which we have been brought, by the good affections, we have borne, to follow her majesty, and her council's advice." Murray spoke still plainer to Cecil, by a letter of the same date, in the Paper Office : " According to your direction, I have comforted the rest of the nobility : As for me, and the remainder here, I doubt not, but you un- derstand, sufficiently, that neither they, nor I, enterprized this action, without forfeit of our sovereign's indignation : But, being moved thereto, by the Queen, your sovereign, and council's hand writing, directed to us, thereupon, which the Regent Murray.'] THE SCOTISH QUEEN. 211 perfidious conduct, all that they could obtain, at present, were secret supplies, from Bedford, by her directions ; as we know, from Camden, and Strype, and still more, from the account, rendered by Bedford, of the money paid to them. Such, then, was the issue of this rebel- lion ! Not a life was lost in the field : Not a traitor was, prosecuted in the Justice-courts: Not one iota of power, or influence did the Queen gain, by its suppression ! Murray, and his expatriated followers, now lay along the northern borders of England, unseen by Elizabeth, protected by Cecil, and supported by Bedford ; having a good position, for intriguing, in Scotland ; and of watching occasions, in England, as well as in Scotland. There is reason to believe, that Throgmorton being followed, all those extremities succeeded, as were sufficiently foreseen." There is a letter, from Murray to Elizabeth, in the Paper Office, dated at Westminster, the 30th of October 1565 : Having received your majesty's last answer, and deeply weighing the same, I have entered into such deep considerations of my present estate, and others who, through my occasion, are drawn into the like distress, that little repose have I had in heart, since my departure, from your highness. It were to me more easy, to bear, if I knew, wherein I had offended, or deserved so hard hand- ling of your majesty, whom I have studied, at my uttermost, to serve, and gratify, with all my powers, whereof / take God to witness." 212 THE LIFE OF [MEM. V. Memoir of was sent,, by Cecil, and Elizabeth, to solicit their pardons, from Mary. h And Sir James Melvill continued to whisper, in her offended ear, the worst possible advice. At length, on the 1st of December 1565, summonses were executed against Murray, and the expatriated nobles, to answer for their treasons, in the Par- liament of February, then next, to charges of treason. 1 The guilty nobles were thrown into positive despair, by that vigorous measure. Murray, with a meanness unworthy of his am- bition, courted Rizzio, the Queen's Secretary, for the French language ; sent him a diamond ; and flattered him with many promises of future friendship. 11 We have already seen, from the informations of the intelligent Randolph, which of the Queen's ministers remained, in her councils, even during the late rebellion, with design to betray her. There were other nobles, who re- mained, at Court, and who were extremely dangerous, from their unprincipled activity, and were equally ready, to promote the inte- h See Throgmorton's epistle to Mary, in Melvill's Mem. 6O. 5 See the Act in Keith, 320 ; The nobles, thus charged, were the Earls of Murray, Argyle, Glencairn, and Rothes, with the Lords Ucheltre, and Boyd, and others of less note. The Duke, and the Hamiltons, had obtained their pardons, on condition of living abroad. k Melvill's Mem. 63. the Regent Murray.'] THE SCOTISH QUEEN. 213 rests of Murray. 1 The ministers, and the no- bles, before mentioned, entered into the most profligate cabals, with the avowed design of proroguing the intended Parliament, and ob- taining Murray's pardon. They debauched the feeble mind of the Queen's husband : m And Murray, and his followers, entered into written agreements with the unworthy King, which amounted, virtually, to the dethronement of the Queen, perhaps to the depriving her of life : Murray engaged, on his part, to obtain for Darnley, the matrimonial crown, during his life : And, the wretched King undertook, in return, to prevent the meeting of Parliament ; so as to obstruct the forfeiture of Murray, and his noble associates, in treason ; so as to pro- cure their pardons, from the Queen, at whatever risk, of danger to her, or disgrace to himself. Lennox, the King's father, also entered into this traitorous project, after all, that she had done for him, and his son. Those engagements, which are the most profligate, that history has recorded, went the full length of an agreement, to assassinate, in the Queen's presence, Rizzio, who was hated, by the King, and envied by the nobles." Those guilty stipulations, however, 1 Ib. 64. m Ib. Goodall, i. -225-33. "Keith's App. 12O-21; Goodall, i. 225-231-33: And the declaration of the Convention, at Dumbarton, in Sep- 214 THE LIFE OF [MBM. V. Memoir of were carried into shocking effect, on the 9th of March, then next, by the aggravated assassi- nation of Rizzio, in the Queen's closet ; Eliza- tember 1568. [Goodall, ii. 359.] There remains a sin- gular letter, from the Earl of Morton, and Lord Ruthven, the two chief assassins, to Sir N. Throgmorton, dated from Berwick, the 2d of April 1566} wherein, they say, " that " they had thought it meet to labour, for the relief of their "'brethren, [Murray and his noble associates in crime] who " were in trouble ; that since they themselves were now in " the like trouble, for the relief of our brethren, and the reli- " gion, we doubt not to find favour, as they had done " [Goodall, i. 264.] We thus, clearly, see, that Rizzio was assassinated, by assaulting the Queen's palace, and arresting the Queen's person ; that is, murder, and treason, were committed, for the dogmas of Calvin, and the return of Mur- ray, with his associate rebels j and for such crimes, they asked, and received, protection, from Elizabeth, till she could procure their pardon. Murray, and his associates, were certainly relieved, by the odious conduct of Darnley : but, nothing was done, by them for him, in return. The ultimate object of this shocking conspiracy, as we may learn, from Randolph, obviously was, if the leaders had not dis- agreed, and the Queen had not, by her address, freed her husband, and herself, to have dethroned the Queen, and placed her sceptre, in Darnley's hands ; and then to have left him to sink under his own weakness, and the publick indignation. The final end of the whole conspiracy was, to place Murray on the throne : but, the conspirators were disappointed, for a time : It was necessary to have another conspiracy, and assassination, for that end, the great object of Murray's ambition. the Regent Murray.'] THE SCOTISH QUEEN. 215 beth, and Cecil, previously knowing- thereof: In the midst of this cruel scene, Murray, and his associates, returned to Edinburgh, under Lord Home's care, by Darnley's order, and were, soon after, pardoned; the Parliament being discharged, from attendance, by the King's single order. But, those odious pro- ceedings ended, also, in Darnley's disgrace, and perhaps, in his ultimate death : If the Queen had died, issueless, during the dreadful scene of her Secretary's murder, her husband could not have been King : For the crown was settled, by Act of Parliament, on the Duke of Chattelherault, and his heirs : Nor, could Murray, and his faction, make Darnley King, in opposition to law, and the people : He would have been left, by those, who had deluded him, like a whale upon the strand. We have now seen, that the ambition of Murray could stoop to any villainy, or wickedness, for obtaining his guilty ends.* Melvill's Mem. 65. Murray soon repaired to the pro- rogued Parliament ; to offer himself for trial : But, he found neither prosecutor, nor Parliament ; and, in a few days, he received, from the Queen, a formal pardon. p It is curious to remark, that Murray, and Argyle, who had obtained their pardons so lately, by Rizzio's murder, appeared among the Privy Counsellors, on the 2d of May 1566, to whom it was referred, to settle, and advise the mode of proceeding against the murderous rebels, who hjvd 216 THE LIFE OF [MEM. V. Memoir of When Murray was about to leave Newcastle, for Edinburgh, he wrote to Cecil, that Eliza- beth should always find him one of the most attached men, in Europe. 1 The noble assassins of Rizzio, with the Earl of Morton, the Chan- cellor, at their head, now sought the same shelter, in England, which the noble rebels had just left, for a crime of a more odious cast, than the rebellion of Murray. Elizabeth, from fiend-like hatred of the Scotish Queen, gave Morton, and his associate assassins, immediate shelter, and procured them ultimate pardon/ committed that terrible deed. [Keith's App. 131.] Of the hundreds, who were denounced, for that crime, only two, who were of little account, were convicted, and punished. [Arnot's Crim. Trials.} 1 His letter, in the Paper Office, dated the 8th of March 1565-6. Elizabeth, on that occasion, ordered Bedford, her Lieutenant, to pay Murray 3001. for his expenses, to Edin- burgh. But, Bedford wrote the Queen, on the 16th of March, that Murray was departed, before he had received her pleasure, " for 3OOl. supposed to be, in his hands, in part of the 30OOJ. sent to him, to be secretly paid to the Earl " of Murray, towards his charges, while he remained, at " Newcastle :" But, he added, that of the said 3000/. there, only, remained ZOOl. in his hands : For, having paid 1OOOZ. to Lord Murray, while at Newcastle j and 180OJ. to the officers at Berwick, nothing more than 200J. remained. [The original in the Paper Office.] Here, then, is complete evidence of the money, secretly, received, by Murray, from Elizabeth, while he remained, in England. ' Keith, 336'. Elizabeth, with her accustomed duplicity. the Regent Murray.] THE SCOTISH QUEEN. The Queen, after the murder of her private Secretary, saved herself, and Darnley, by in- ducing her guilty husband, to flee with her to Dunbar-castle. Here, she found safety till her loyal barons could assemble around her, with their men in arms. She now returned, in a sort of military triumph, to her capital, whence the guilty fled, and where the penitent were pardoned. She, now retired, by the advice of her Privy Council, owing to the artifices of Murray, and Cecil, into Edinburgh-castle, to wait, in security, the time of her necessary con- finement/ During this period, Mary employed ordered Morton, Ruthven, and the other assassins, to de- part, from her kingdom j yet, allowed them to lurk about Alnwick, under Cecil's protection, till she obtained their pardon j which enabled Morton to perform even grosser deeds of wickedness, towards the Scotish Queen, by mur- dering Darnley. * Keith, 385 : She entered the castle, on the 5th of April 1566, and was delivered, on the 1 9th of June, of James VI. : Yet, with all apparent fairness, and even attention to the Queen's safety, this circumstance of her residence, in Edin- burgh-castle, was, merely, the result of a fresh plot of Murray, and Cecil, who, naturally, supposed, from the assassination of Rizzio, in her presence, by a thousand stabs, her child would, probably, be still-born, or be perhaps a monster, and that she might never rise again, from child- bed : Murray, and Argyle, the two pardoned rebels, the one her bastard- brother, and the other her brother-in-law, with 218 THE LIFE OF [MEM. V. Memoir of herself, in reconciling her irascible nobles to each other. She, who had received offence, and injury, from so many, easily reconciled her temper to her duty. It was very difficult to reconcile Darnley to himself, though he lived amicably, with his wife, in the quiet of the castle ;*as she never mentioned to him, her sense of his misconduct, and crime, or pursued his father, for his treason. The nobles, easily, assumed the appearance of reconciliation with each other. But, Murray, after the disavowal of Darnley, never could enjoy, with him, " the " sweet intercourse of looks, and smiles," till the bowstring closed the piteous life of the wretched King. It is curious to remark, that after the general reconcilement, of all the nobles, none but Argyle, and Murray, who were so lately pardoned, slept, within the castle. Darnley, her husband, were the only persons of consequence, which were allowed to remain, in the castle, with her : If the Queen should die, as they supposed most likely, Murray, and Argyle, would seize the castle, as a great step towards the throne. Randolph was ordered, to remain in Berwick, to wait the issue of those speculations, ready to dart upon Edinburgh, for supporting Murray's pretensions to the crown. Elizabeth was, in the secret of this plot ; and con- fidently expected some fatal accident to the Scotish Queen : Hence, her disappointment, and chagrin, when she heard of Mary's safe delivery of a fine boy. [This plot is detailed, in Randolph's dispatches to Cecil.] the Regent Murray.'] THE SCOTISH QUEEN. 219 The chiefs of the Hamiltons, were in exile, owing to the egregious folly of the duke. And it is apparent, if any fatal accident had hap- pened to the Queen, in child-bed, that Murray, being in possession of Edinburgh-castle, would have seized her sceptre, which Cecil would have proved, to be legitimately his, and Elizabeth would have recognised, as his genuine right, in the teeth of the statute, entailing the crown on Arran, and virtually denying the illicit preten- sions of the bastard Murray, though twice legitimated. The Queen, however, was happily delivered of her son, who was destined to be James VI. This event, which was important in itself, de- prived the duke of the second place, in the kingdom ; and by interposing an heir to the crown, obliged Murray, to change the whole plan of his future steps, towards the first place, in a distracted government. 4 Murray, though no longer the Queen's minion, continued an assiduous courtier, to watch, with the Secretary, 1 Melvill, in his Mem. 67, tells a story of Huntley, and Lesley, the Bishop of Ross, soliciting the Queen to imprison Murray, as her time approached ; but, that she refused, and told the tale to Murray. The policy of the Queen, at this period, as we have seen, was to conciliate, and not to irri- tate. Sir James Melvill, or his editor, often misplaces events, and misconceives purposes. 520 THE LIFE OF [MEM. V. Memoir of the passing scene. After the late tempestuous season, Elizabeth seemed willing to make fair weather, with the Scotish Queen. And Murray, the spaniel of Elizabeth, constantly, crouched, to lick the hand, that chastised him. All, but Darnley, seemed to have been willing to be quiet, during the remainder of the halcyon year of James's birth. Now appeared a new pretender to the crown ! It did not require the penetration of Cecil, or of Murray, Maitland, and Morton, how easy it would be, to proclaim the baby James, as king; and thus create the necessity of a regent. When the Queen's period of confinement was passed, she went along the Forth to Alloa-house, attended by Murray, Mar, and other nobles ; but Darnley chose to go by land ; as he liked not to be in the same ship with Murray. It was here, that Secretary Maitland was allowed to wait upon the Queen ; having obtained his pardon, for his participation, in Rizzio's mur- der, by the influence of Athol, and Murray, in opposition to the interest of Bothwell, and Darnley." This is an important fact, for check- ing the current of calumny, which had been so much distributed, through the country, con- cerning the influence of Bothwell, at that me- u Keith, 345. ihe Regent Murray.] THE SCOTISH QUEEN. 221 morable period, when he had obviously less im- portance, in the Queen's mind, than Athol, much less, than Murray. After the court's return, from Alloa, a sort of eclaircissement took place between Darnley, and Murray, which, only, heightened the en- mity, between two ambitious men, who aimed at the same object.' At the same time, the old grudges broke out, in the Queen's presence, be- !/ tween Murray, and Both well, on account ot Secretary Maitland, who was protected by Mur- ray. 1 The Queen soon after went into Peeble- shire, for the amusement of hunting, accompa- nied, by Darnley, by Huntley, by Murray, and by other nobles. Soon after their return, the Queen carried the infant prince to Stirling. 1 " v See the News from Scotland, in Robertson's App. p. 435. x See the same intimations of News from Scotland, which are very important, when we have deducted the exaggera- tions of faction ; as they show the renewment of enmities, between Darnley and Murray, and Bothwell and Murray, in August 1566 : " During the altercations, between Murray, and Bothwell, the Queen spoke nothing, but, heard both." 16. 436. Let it be remembered, also, that Bothwell, and Maitland, were constant enemies ; on account of their ha- bitual competition, for the casualties of the crown, in the southern districts. y Id.; Keith, 345 : The Queen was, at Stirling, on the22d of September 1566, with the prince, her son, " who is a very fine child," said the aged Le Croc, " and thrives so well, VOL. III. Q 222 THE LIFE OF [MEM. V. Memoir of Here, the Queen, and her court, remained till the end of September, when she returned to Edinburgh, on account of the publick business. Soon after the arrival of the court, at Edin- burgh, Darnley's purpose was declared, by his father, of leaving his wife, and son, and depart- ing the kingdom : The reality of his design, and the causes of it, were examined by the Privy Council ; when he could not charge the Queen with any cause of offence ; but, intimated his hatred of certain lords, including Murray, and Maitland, as the real causes of his discontent, which he was ashamed to avow.* The Queen endeavoured, in vain, to conciliate so wayward a husband, who was discontented with himself, rather more than with others ; and who now, by his discontent, and absence, from the Queen, and court, brought on his own ruin ; from the secret machinations of those, with Murray at their head, who saw his enmity, which rankled, in their hearts. On that occasion, Murray con- ciliated Bothwell ; so as to draw him, from the that against the time of his christening, the godfathers will feel the weight of him, in their arms." Keith, 345. * Keith, 350 : In the continued practice of calumny, it is always said, that Darnley came to visit the Queen ; but, was repulsed : It was the constant appearance of Murray, and Maitland, about the Queen, which repulsed Darnley, who could not look upon them. the Regent Murray.] THE SCOTISH QUEEN. 223 duty, which he owed to the laws, to the guilty concert of Murray, and his faction. An attention to the border turbulence, had for some time, determined the Queen, and her court, to hold Justice-airs, at Jedburgh. On the 8th of October 1566, the Queen, attended by Murray, who seems never to have left her, and her officers of state, and of law, set out, for Jedburgh, on the constitutional object of hold- ing Justice-courts. It was, on that occasion, that Bothwell, the Queen's Lieutenant on the borders, was wounded, by Elliot of Park, when Bothwell attempted to enter Hermitage-castle, to the possession of which, Elliot had some claim. This happened on the 8th of October. On the 16th of the same month, the Queen rode from Jedburgh to that castle, and returned the same evening ; being a journey of about forty English miles. On the morrow, she was taken ill of a dangerous fever, which had almost proved fatal. On that emergency, the nobles, the pre- lates, and officers of state, who were then pre- sent, resolved to remain together, till they should arrive at Edinburgh ; and there to hold a convention, which might provide for the go- vernment of the country. Had the Queen demised, the administration of affairs, would have fallen upon Murray, in the name of the infant king ; the heir presumptive being, in 224 THE LIFE OF [MEM. V. Memoir of France ; and Darnley, and Lennox, having no influence, in the state. But, from the 26th of October, the Queen began to recover, gradually; while the privy counsellors continued to per- form their functions, at Jedburgh, from the 9th of October to the 8th of November 1566, when they adjourned to Kelso, in continuation of the publick business. The nobles, the prelates, and law-officers, who continued so long to admi- nister publick justice, were : the Earls of Hunt- ley, Murray, Bothwell, Athol, Rothes, and Cathness ; the Bishops of Galloway, Cathness, and Orkney ; Secretary Maitland, the Trea- surer, the Clerk Register, and the Justice Clerk. This specification supplies a satisfactory answer to the calumnies, with regard to the Queen's conduct, on that occasion, as if she had sacri- ficed more to Both well's advantage, than to the public service. After sitting two days, at Kelso, the Queen set out, with her whole court, as well as the country people, along the Tweed towards Berwick : And, she proceeded thence to Dunbar, on the 15th: and to Craigmillar- castle, near Edinburgh, on the 20th of Novem- ber 1566.* On that progress, Bothwell, as In the Paper Office there is a letter to the Privy Council of England, dated from Dunbar, on the 18th of November, signed by Huntley, Bothwell, and Murray. Keith,, 354-5. he Regent Murray.] THE SCOTISH QUEEN. 225 sheriff of the three shires, through which the Queen, and her court, were to pass, attended on both : But, it was Murray, and Maitland, who chiefly conducted the publick business, throughout the Queen's journey. Soon after the Queen's return to Craigmillar- castle, Secretary Maitland, and the Earl of Murray, opened to the Queen the well-known project of her divorce from Darnley. During that profligate age, Murray, and Maitland, grounded that project, which meant much more, than it mentioned, on the absurd conduct of Darnley, and Lennox, since the murder of Rizzio, notwithstanding the Queen's endea- App. 136. This shows, that the Queen, and Bothwell, were not then alone, at Dunbar. In the same office, there is a letter, from Secretary Maitland, to the Earl of Morton, dated on the 19th of November, at Whittingham. Keith, 355. There is an epistolary journal of Secretary Maitland, dated, at Whittingham, on the 19th of November : giving an ac- count of the Queen's progress, homewards ; and saying, that she was accompanied, on that progress, with 800, or 1000 horse. Keith, 353-4. It was rather audacious, in Buchanan to assert, in his feigned journal of the Queen's progress, that she performed that tour with only Bothwell, in her com- pany. And, it was still more audacious, in Murray, who, as her chief adviser, accompanied the Queen on her whole journey, from the 8th of October to the 20th of November, and knew the facts, to give Buchanan's forged journal, in evidence, to the Privy Council of England. Of this forged journal, there is a copy, in Anderson's Col. ii. 226 THE LIFE OF [MEM. V. Memoir of vours, to reclaim her husband ; on Darnley's avowed enmity to Murray, Maitland, and other nobles ; on the desire of Murray, and Maitland, by such extraordinary means, to obtain the pardon, and recal, of the expatriated Morton, and his guilty associates. This nefarious de- sign, which seems to have been preceded, by a rumour, however false, that the Queen had ap- plied to the Pope, for a divorce, from her husband, was proposed to the Queen, and com- municated, by Murray, and Maitland, to the Earls of Huntley, Argyle, and Both well, for their assent : But, the Queen would, scarcely, hear their proposal, as it might spot her ho- nour ; and she forbade them to proceed in such a measure, with more firmness, than they ex- pected, in the circumstances, wherein she stood with her husband : And Argyle, and Huntley, at a future day, revealed, by a written declara- tion, the whole detail of this conspiracy, by Murray, Maitland, and Bothwell. b Huntley, b See the declaration of Huntley, and Argyle, in Ander- son's Col. iv. j in Keith's App. 136 j in Goodall's Examin. ii. 306-22 ; and, also, the declaration of the 19 nobles and 16 prelates, which met in convention at Dunbarton. [Good- all, ii. 361 : and Camden's Hist. Eliz. Transl. 92.] Murray made a frivolous answer to that charge ; containing little more than a general denial. Buchanan, with his usual dis- regard of truth, says, in his forged journal, " they both [the the Regent Murray.] THE SCOTISH QUEEN. 227 and Argyle, very justly inferred, as every con- siderate person must ever conclude, that since the project of a divorce was rejected, by the Queen, the design of destroying Darnley, by the flagitious hand of Bothwell, was then re- solved on, by Murray, and Maitland : And, the convention of nobles, and prelates, before mentioned, also, drew the same conclusion, from the whole circumstances of that singular proposal, by Murray, and Maitland, who were in the guilty habit of such dangerous conspi- racies. Murray himself, from the feebleness of his defence, against the charge of Huntley, and Argyle, seems to admit the fitness of their inference, that he was a mover, in the murder of Darnley ; as he was, undoubtedly, the chief gainer, by that odious deed. 6 Soon after that memorable transaction, at Craigmillar-castle, which led to such mighty consequences, Mary removed, with her court, to Stirling, preparatory to the baptism of her Queen, and Bothwell,] returned to Craigmillar ; and began to reason upon the divorce, betwixt her, and her husband ." The fact is, that Bothwell, as he was now a conspirator with Murray, and Maitland, against Darnley, seconded Maitland, when that proposal was made to the Queen, in the presence of Murray. c See the Subsidiary Documents to the first Memoir, in the second volume. 228 THE LIFE OF [MEM. V. Memoir of son. The Earl of Bedford, who was to repre- sent Elizabeth, at this ceremony, received his passport, and entered Scotland, on the 8th of December. 4 The prince was baptized, by the name of James Charles, in the chapel of Stir- ling-castle, by the Archbishop of St. Andrews, according to the ritual of Rome, on the 17th of the same month of December 1566.' The Queen conducted herself, admirably, through- out the whole ceremony ; while the king, who did not attend the baptism of his own son, behaved with his accustomed absurdity. But, during the ceremony, Bedford, Murray, and other reformed lords, would not, by enter- ing the chapel, defile their puritanick eyes, with witnessing what Bedford had been sent to wit- ness. Meantime, Murray, and Bedford, and other nobles, occupied themselves, about what was, in their minds, of much more importance, than christening the prince, who was destined, d As to his behaviour, on that occasion, he was instructed, to govern himself, so as should be meet for Elizabeth's ho- nour, and Mary's pleasure ; yet, so as to avoid such things, as be against your conscience, and contrary to the religion : " 'Tis best to imitate the example of Murray, and the other lords of the same religion, for which they have the permis- sion of that queen." Keith, 356. e See Le Croc's letter, from Stirling, of the 23d of Dec. 1566. [7rf.] the Regent Murray.'] THE SCOTISH QUEEN. 229 by them, to circumvent his mother, by a strange sequence of circumstances, and finally to be the King of Great Britain : They laboured, suc- cessfully, to obtain the pardon of Morton, and the other murderers of Rizzio. At Christmas 1566, the forgiving Queen yielded to so general a solicitation, in favour of those unworthy mis- creants : And, all but George Douglas, who stabbed Rizzio over the Queen's shoulder, and Andrew Kerr, who presented a pistol to her bosom, were now pardoned/ Cecil, and Eliza- beth, had protected Morton, and the other murderers of Rizzio : and they now, above all others, contributed to obtain their pardons. Next to Elizabeth, and Cecil, in efficacy of per- suasion over the Queen of Scots, was Murray, her brother, and adviser, who had still more influence over her spirit, than any of the Scotish nobles, beyond compare. Darnley seems to have opposed this noted measure. Having thus obtained so great an object, Bedford made a progress, from Stirling, through the congenial county of Fife, along with Murray, and his friends, who repaid, now, what they had re- f There is a letter, in the Paper Office, from Bedford to Cecil, dated the 30th of December 1566, which shows, in opposition to the calumnies of the Scotish historians, by whom those pardons were obtained, which has been already quoted. 230 THE LIFE OF [MUM. V. Memoir of ceived, formerly, from Bedford, during the sad days of their long- expatriation. 8 Of his enter- tainment, in Fife, Bedford informed Cecil, by the same letter : " I have now been these six, or eight days, at St. Andrews, and other places of Fife, with my Lord of Murray, who hath, by himself, or by his friends, used me, with much honour, great cheer, and courteous enter- tainment ; and so, must I now draw homeward, as fast, as I can." The Queen, meanwhile, made some short ex- cursions, to Drymen, and Tullibarden, after the fatigues of the baptism, and the vexation of her husband's waywardness. Robertson, who was ignorant of facts, reprehends the Queen, for seeking amusement, abroad, while her husband lay dangerously ill of whatever disease. Darnley, who was as ignorant of policy, as of his own interests, was one of the few, who opposed the pardon of Morton, and his guilty associates in crime : h And the Queen's pardon, after such Id. h Bedford wrote to Cecil, on the 9th of January 1566-7* after his return to Berwick ; having left Edinburgh, on the 6th : " The Earl of Morton, having now obtained his par- don, doth think himself much beholden unto you, for your favour and good will therein. There were some, that sought, to hinder the same, all that they could, [Darnley.] But, his friends so stuck to it, on his behalf, as prevailed therein : In the Regent Murray.] THE SCOTISH QUEEN. 231 solicitations, of the assassins of Rizzio, was the signal for Darnley, to leave the court : He only went to visit his father, at Glasgow, where the small pox, unhappily, prevailed; and he was "instantly taken with the infection." Mary, as a wife, and a mother, who had her infant to watch over, did better than repair to Glasgow, knowing the nature of her husband's disease : she sent her own physician, to take care of him. 1 So different are the certainties of fact, from the intimations of falsehood ! There is another transaction, of some conse- quence, which the Scotish historians are, con- tinually, misrepresenting: and which was thus plainly stated, by Bedford to Cecil : k " The Bishop of St. Andrews, had of late obtained, of this Queen's hand, authority to use a certain jurisdiction, in divers cases, according to the Canon laws ; and meant, therefore, to have erected his court, at Edinburgh, which, because it was found, to be contrary to the religion } the which, the Earl of Bothwell, like a true friend, joined with my Lord of Murray ; so did Athol, and others." [In the Paper Office.] See how differently Melvill, or his inter- polator, speaks, in his Mem. 76-7- ! Bedford's letter of the 9th of January 1566-7- Birrel's Diary, 6. Drury's letter to Cecil from Berwick, soon after. k In his above-mentioned letter of the 9th of January 1566-7- 232 THE LIFE OF [MEM. V. Memoir of and therefore, not liked of, by the townsmen ; at the suit of my Lord of Murray, [not Both- well] the Queen was pleased to revoke that, which she had before granted, to the said bishop." It was the ecclesiastical court of ancient authority, which the Archbishop at- tempted, about the time of the baptism, to restore ; and which the Queen now suppressed, on the solicitation of Murray, who thus appears to have regained his former authority over the Queen's councils. 1 It is unquestionably of great importance to the interests of truth ; and to the satisfaction of every reader, to rest a moment here, at the conclusion of the year 1566, and the beginning of the subsequent ; that it should be clearly as- certained, who had the influence of the Queen, and government, at that memorable epoch. With regard to the Queen's family : she was no doubt influenced by her women, and, still more by her medical men. Darnley, at that period, lay at his father's house, at Glasgow, sick of the small-pox and in the care of the Queen's physician. The government was chiefly managed by Murray, and by Maitland, the Secretary, one of the ablest, and basest men 1 If we were to believe the interpolated Memoirs of Mel- vill, 76-7, " Bothwell now ruled all at court." the Regent Murray.-] THE SCOTISH QUEEN. 233 of that age, while the offices of state were chiefly filled by Murray's creatures. Huntley, indeed, was Chancellor, though without much in- fluence ; as he seems not to have had much ability, or experience. The Justice-general was Argyle, the brother-in-law of Murray, with influence, in proportion to the number of men, whom he could raise. m Bothwell, according to Melvill, ruled all at court ; and Robertson, who relies on this corrupt authority, without quot- ing it, is quite indignant, that the Queen should allow Bothwell, to have so much ascendency over her : But, do we see him acting, with any such ascendency ? Yes ; he threw in his feeble voice, in favour of Morton's pardon, as he expected aid, from him, in return, when his countenance would be important. It was Murray's influence, which chiefly obtained Morton's return ; as we may learn from Bed- ford, who saw what he relates. We perceive Murray, soon after, put an end, by his influ- ence, with the Queen, to the Archbishop's com- mission. On the 28th of December 1566, we may see the Queen in correspondence with m Richardson, the Treasurer j Sir James Balfour, the Clerk Register ; Sir John Bellenden, the Justice Clerk ; Spens, the Queen's Advocate j and David Forest, the Gene- ral of the mint, were, mostly, all creatures of Murray. 234 THE LIFE OF [MEM. V. Memoir of Murray, but not with Bothwell : n The fact, then, confutes the calumny. On the 10th of January 1566-7, we may observe Murray, sit- ting in the Privy Council, which was then held, at Stirling ; and which advised " provision, for the sustentation of the ministers, in Burrows." And, above all, we may perceive, a most im- portant grant to Murray, from the King, and Queen, on the 31st of January 1566-7, only ten days, before Darnley's murder.* We may from those circumstances, see, then, that Mur- ray was the Queen's chief minister, at the open- ing of the fatal year 1567. The Queen remained, at Stirling, till the ] 3th ; and came to Edinburgh, with the Prince, on the 14th of January 1567, being perfectly " In the Treasurer's books of the 28th of December, there is a charge of 12s. paid to a boy, passing, from Stirling, with close writings of our sovereign's to the Earl of Murray, in St. Andrews. Keith, 570. But, Both well was not present, with the other Privy-counsellors : He was, about that time, on a visit to the Earl of Morton, at Whittingham, to engage that daring man, in the murder of Darnley. f Privy Seal Reg. xxxvi. p. 1 . It was to enable Murray, to raise money on his abbeys, and estates ; as his numerous faction was a constant drain upon his income, great as it was : He pretended, indeed, to have embarrassed his reve- nue, by attending the court, on the Queen's affairs. the Regent Murray.] THE SCOTISH QUEEN. 235 acquainted with the progress of Darnley's dis- ease, from the information of her physician. Meantime, many disquieting reports were propagated, in Scotland, England, and in France : It was said, at Glasgow, and at Edin- burgh, that Darnley intended, to seize the prince, to cause him to be crowned, and to go- vern, in his name. But, Mary, though she saw the purpose of this report, and caused several persons to be examined, could not trace it to its malignant source. Rumours of a still more terrifick kind, importing somegreat explo- sion, were propagated, at Paris. Secrets, which are intrusted to several, can seldom be kept. It had, indeed, been early foreseen, and foretold, after the arrival of Darnley, in Scot- land, that a prince, who showed his frowns, oftener than his smiles, could not live long among such a people. It appeared, plainly, to those statesmen, on the continent, who obtain political knowledge, from conjecturing what must necessarily happen, by comparison of circumstances, that Darnley, with such man- ners, and vices, of character, could not exist amidst nobles, who were irascible, and fierce ; who were in the habit of plots, and in the prac- tice of assassination ; who, with many pretences of religion, possessed none of the principles of morals : Those various reports had been spread, 236 THE LIFE OF [MEM. V. Memoir of by Murray's faction, to cover their real design. Yet, whatever might have been the causes of dissatisfaction, which the Queen may have had, with the King, her husband, they did not prevent her, from accepting his desire of reconcilement, or from bringing him, from Glasgow, as soon as he could bear, such a journey, at such a season.' For that end, she set out, from Edin- burgh, on the 24th of January 1566-7, in the afternoon, and arrived, on the subsequent day, at Glasgow. She left that city, with Darnley, on the 27th of the same month ; arrived at Linlithgow, on the 28th ; and they came to Edinburgh, on the 31st, when he was carried to a lodging, which had been provided for him, in Kirk-a-field, within the southern suburbs/ The King, and Queen's reconcilement, and her desire of pleasing him, had been remarked, i See her letter of the 20th January 1566-7 to her am- bassador, in Paris, in Keith's Pref. viii.: The proofs of her reconcilement, at that period, with her husband, are quite satisfactory. What more could a reconcilement be with such a prince, than a promise to live with her, as became a husband of his rank ? " God knows (said she, in her letter of the 20th of January 1566-7) our part always towards him ; and his behaviour, and thankfulness, towards us, are equally well known to God, and the world." T The records ascertain those dates, which cannot admit of any reasonable doubt. the Regent Murray.'] THE SCOTISH QUEEN. 237 at Glasgow, and still more, in Kirk-a-field : And the Queen, who had refused to be divorced from him, in the preceding December, now ex- pected, probably, some years repose, with her wayward husband : But, what expectations could she entertain, among a credulous people, and amidst statesmen of unbounded profligacy! The conspiracy against Darnley's life, which had been first thought on, by Maitland, and Murray, at Michaelmas preceding ; resolved on, during the Justice-airs, at Jedburgh ; and matured, about the beginning of December ; was carried into full effect, in the night between the 9th and 10th of February 1566-7. Murray, who had the greatest interest, in the effect of this plot, was the chief of the conspirators ; Maitland, the Secretary, was the contriver of the plan, which went the full length of dis- patching Darnley, and dethroning the Queen ; Morton, the most audacious, and wicked of mankind, engaged to support them, in destroy- ing an enemy ; and the execution of so base a deed was assigned to Bothwell, who was hated by them, and who was to be rewarded with the Queen's marriage ; so that this well-conceived conspiracy was intended to ruin both, Both- well, who was to be made the scape - goat, and the Queen, who was to be dethroned. By matchless artifice, this detail of villainy was, VOL. III. R 238 THE LIFE OF [MEM. V. Memoir of completely, executed. The death of Darnley, which was superintended, by Bothwell, was involved in mystery, by strangling the devoted object, with the servant, who slept in the same apartment, and by blowing up the house with gunpowder. Murray, whose sanctity of man- ners, required many observances, went, from Edinburgh, into Fife, on a visit to his wife, on the day, before that shocking event; and he had made some preparations for war.' Mor- ton, the Earls of Bothwell, and Murray, were immediately said, to have .been the perpetra- tors of that odious crime. 1 Yet, at so critical a moment, Murray did not remain long ab- sent, from Edinburgh. He continued to act, as the Queen's principal adviser, throughout the two subsequent months, [9th Feb. to 9th April] of suspicion, and recrimination, of pri- vate informations, and publick charges." ' Lesley's Defence, 1569, p. 44 ; Keith, 365. He had already written to Secretary Cecil, for bows, arrows, and quivers, which were sent, under Elizabeth's warrant, dated the 13th of February 1566-7, which was founded on the suit of the Earl of Murray." Harl. MSS. 289. f. 95. 1 Keith, 365. The publick business of the Scotish government was then conducted, by Secretary Maitland, under the general superintendance of Murray. On the 8th of March 1567, when Murray was to give a dinner to Kyllegrew, who was the Regent Murray.] THE SCOTISH QUEEN. 239 But, the time was at hand, when Murray, according to his practice, was to absent him- self, from Scotland, as he knew, that scenes were to be acted, in which he could not parti- cipate, without loss of character. He easily obtained the Queen's license for travelling into England, and into France. He left his affairs, in the hands of Morton, and Maitland : He endeavoured to conciliate Huntley ; and on the 9th of April 1567, he set out, from Edinburgh, for London, and Paris. In his conference, with Secretary Cecil, he appears to have corn- sent by Elizabeth, to condole with Mary, he invited Hunt- ley, the Chancellor, the Earl of Argyle, the Earl of Both- well, and Secretary Maitland : Morton was absent in Fife. Bothwell, we thus see, was invited to Murray's table, three weeks after Bothwell had been placarded, and charged, as the murderer of Darnley ; and yet, Murray, and Bothwell, till the epoch of this conspiracy, had never been friends : This fact proves, that Murray countenanced Bothwell, after he had been publickly accused, as the murderer of the King. Murray was present, in the Privy Council, on the 14th of March 1566-7, when a prosecution was ordered against one Murray, who had placarded Bothwell, and others, for the King's murder. [Anderson's Col. i. 38 ] Murray was pre- sent in the Privy Council, on the 19th of the same month, when the Queen gave a discharge to the Earl of Mar, for keeping Edinburgh-castle. [Par/. Rec. 751.] But, Murray was not present, on the 28th of March, when the Privy Council ordered, that on the 12th of April 1567 Bothwell should be prosecuted, for the King's murder. 240 THE LIFE OF [MEM. V. Memoir of municated to him the whole detail of what was designed, in Scotland ; and Cecil took Eliza- beth's orders, in consequence, for giving suc- cessful effect to the intended measures, by or- dering Bedford to his post, at Berwick ; in order, to countenance the lords, when they should draw their swords against the Queen, and Bothwell. The insurgents, in Scotland, corresponded, constantly with Murray, in France, by means of Cecil. The Cabala is the record of their guilty measures. Cecil not only transmitted their letters to Murray ; but, he obtained him credit, for money, to enable him to return, when the imprisonment of the Queen, and her dethronement, made his presence ne- cessary: The French government caressed Murray, when they should have imprisoned him. If he had not privately retired from France, he would have been arrested, as a hos- tage for Mary's safety. In the meantime, Mor- ton, with his associates, raised an insurrection against Mary, and Bothwell, which ended, by expelling him, and .dethroning her. Murray, with the aid of Cecil, returned to Edinburgh, on the 9th of August, where, he had been chosen regent, by his own partisans, rather than by the Queen's destination, who had been imprisoned by them. His entertainment of Bothwell, after he had been denounced, as the the Regent Murray] THE SCOTISH QUEEN. 241 murderer of Darnley, and a few days, before he set out for France, forms a strong proof of the guilty conduct of this distinguished hypocrite. 1 * The following letter, from Murray to Throckmorton, dated 13th of March 1567, only five days after Murray had entertained Bothwell, at dinner, which has been transcribed, from the MS. Col. of Mat. Crawfurd, Professor of Church History, will show, to every discerning eye, a striking pic- ture of a guilty mind : " Triest friend : After my maist hearty commendations ; gif after sic accidents, as lately hath fallen out, in thes parts [the murder of Darnley] another messenger had been sent towards the Queen, your sove- reigne, nor the present bearer, [Robert Melvill] I would have been earnest, to let you know more amply of my mind, by write : But, in respect to the sufficiency of my said friend, I will not be long : He hath hard, and seen, more than 1 can write : I will desire you to give him credit upon my behalf 3 and that accidents proceeding from the bottom of wickedness [the murder of Darnley] alter not the gude wills of sic [such], as upon maist just reasons, and considerations, has delivered [determined] to follow further godlye and gude purposes : And thus I end ; committing you heartily to God : From your maist assured James Steward." Such is the guilty scribble of Murray. Throckmorton was, pro- bably, disappointed, as Cecil was, by the uninstructive ina- nity of Robert Melvill's story. The truth is, that this agent of Murray was not intrusted with the secret : Nor, did Se- cretary Maitland choose to reveal it to Cecil : Murray, Mor- ton, and Maitland, could not avow to Cecil, that they had committed such a murder, by such means. See the Cabala, 125 : " Master Melvin is come hither, from Scotland, by whom we looked, that we should have heard many circum- 242 THE LIFE OF [MEM. V. Memoir of It is more than probable, that Elizabeth, and Cecil, did not know the whole extent of the Craigmillar conspiracy : Their spies could, only, reveal to them what they heard, in the country, and what would please at court : The con- spirators, in habits of confidence, as they were with Cecil, were too circumspect, to reveal to such a minister, either the purpose of their plot, or the detail of its execution. It fell to the lot of Secretary Maitland, as we shall see, to baffle Elizabeth's messenger, who arrived early on the day of Bothwell's trial. Cecil was either ill-informed of Scotish matters, and men, or he misrepresented what he knew, to the English ambassador, at Paris. y . stances of the murder j but, he cannot, or may not, tell us any more than we knew before." * In his dispatch to Sir Henry Norris early in March 15G6-7, Secretary Cecil says of Scots news: "There do adhere together, with the Earl of Lennox, Argyle, Morton, Athol, MURRAY, Cathness, and Glencairn, who mean to be at Edinburgh, very shortly, as they pretend, to search out the malefactor." [Cabala, 126.] But, Cecil knew, that the nobles, mentioned by him, belonged to Murray's faction, and not to Lennox, who had no faction : Cecil wished to draw away the attention of Norris, and of those, with whom he conversed, from Murray, as the chief of the greatest fac- tion, in Scotland. Cecil, in his next dispatch, of the 21st of March, says to Norris : " The common fame, in Scotland, continucth upon the Earl of Bothuell to be the principal the Regent Murray.] THE SCOTISH QUEEN. 243 The moment, that the Queen, by marrying Bothwell, had fallen into the snare, that the conspirators had laid for her, than they be- murderer of the King ; and the Queen's name is not well spoken of: God amend all that is amiss!" Bothwell was tried on the 12th of April 1567 ; md, as had been concerted by the conspirators, was easily acquitted ; as he was sup- ported, by Morton, and Maitland, Murray's agents. After the rising of the Parliament of April 1567, a writing was signed, by Morton, and Maitland, and all, whom they could influence^ declaring the innocence of Bothwell, avow- ing his fitness, as a husband, for the widowed Queen ; and engaging to defend both his innocence, and his marriage, with the Queen. Murray is said to have also signed this in- famous document : But, as he had left Edinburgh ten days before, it would require strong evidence, to prove such a fact, as the signing of" such a paper, which was so inconsis- tent with his characteristick caution : Yet ; he had assented to the conspiracy ; and one of its principal points was, to marry the Queen to Bothwell ; to disgrace, and then, to de_ throne, her. What passed between Murray and Cecil, when they met, at London, is not certainly known : But, in Cecil's letter to Norris of the 12th of May, he says ; (C The Queen of Scots, I think, will be wooed to marry Bothwell [she did marry Bothwell on the 15th of May.] the principal of the nobility are against it; and are at Stirling with the prince." [16. 126-7.] We here see, that Cecil foresaw the marriage, and the conspiracy of nobles, who first came out, on the 9th of June, to oppose Bothwell. He must have had this foreknowledge, from Murray, who knew, when he left Edinburgh, what was to happen ; as he had a strong in- terest in the result. 244 THE LIFE OF [MEM. V. Memoir of came very communicative with Cecil. They conveyed their letters, for Murray, through the friendly hands of Cecil, who now saw his way to the dethronement of the Queen, and the ele- vation of Murray to the viceregal chair. Mur- ray's faction took arms, to free the Queen, from the domination of the guilty Bothwell ; and the same nobles made her a prisoner, con- trary to their own agreement, and sent her to Lochleven-castle, 1 while they allowed him to escape. It is quite apparent, from what has been already intimated, that Murray was com- pletely identified with the insurgents, in Scot- land, and the transactions therein. He was, in fact, their chief : Cecil, also, by his proceed- 1 We learn, from Cecil's dispatch of the 26th of June : " The best part of the nobility have confederated, to follow by the way of justice, the condemnation of Bothwell, for the murder of the King : Bothwell defends himself by the Queen's maintenance. The 15th of this month, he brought her into the field, with power, which was so small, as he es- caped himself, without fighting, and left the Queen in the field, and she yielding herself to the lords, flatly denied to grant justice against Bothwell : So, they have restrained her, in Lochleven, until they come to the end of their pursuit against Bothwell." Thus far Cecil ! But, his dispatch was deceptive, and he intended to deceive. The best of the nobles, which he speaks of, were only Murray's faction, under a new shape, with Morton, the assassin of Rizzio, at the head of it. the Regent Murray^ THE SCOTISH QUEEN. 245 ings, identified himself with the same insur- gents ; by acting for them, with Murray, against Mary/ Whatever might be the anxiety, or artifices, of Cecil, the objects of Murray, in France, and his aims in Scotland, did not altogether elude the vigilance of Mary's ambassador, at Paris. It was here known, on the 25th of June 1566, that the Scotish Queen had been taken, on the 15th, and, on the morrow, imprisoned in the Castle of Lochleven. Murray was presently sent for, and plied, said the ambassador, Norris, with fair words, and great promises, if he would use his influence, to get the Queen, and her son, into France ; and the French King added, that it should cost him dear, but that he would a In his dispatch of the 26th of June, to Norris, at Paris : " I, at this time, send unto you certain packets of letters, left here by Mr. Melvin, who, lately, came hither, from the Queen of Scots ; the sending of those to ray Lord Murray requireth great haste, whereof you may not make the Scots ambassador privy : His return into Scotland is much desired of them [the insurgents], and for the weal both of England, and Scotland, I wish he were here." [Cabala, 128.] Cecil again wilfully supposes, that there were two factions, in Scotland, the Hamiltons, and the Lennoxes; whereas, there was only Murray's faction. [Ib. 129.] Cecil shows his anxiety, for Murray's return, by saying ; " If my Lord of Murray should lack credit, for money, my Lord Steward would have his son give him such credit, as he hath ; for my Lord alloweth well of his friendship." [16. 129 ] 246 THE LIFE OF [MEBI. V. Memoir of have them both safe within his kingdom. The Cardinal of Bourbon, the Constable, and D'Andelot, have been with the King, and his mother; to urge them, to leave no means unat- tempted, to effect this enterprise : And think- ing to do it the sooner, by Murray's help, they offered him the order, and also great gifts of land, and living : To which end, I understand, continues Norris, young Villeroy is gone into Scotland, to offer them of the spirituality, spi- ritual promotions, and honours, and to the tem- poral lords, such temporal preferments, and honours, as he thinketh may best win those, that be now thechiefest,and in most authority. 15 We thus perceive the corrupt transaction, be- tween the French court, and Murray: He received large sums of money for doing certain things, according to a promise, which he never intended to perform : If he be a swindler, who obtains property, on false pretences, what must he be, who obtained money, and a pen- b Norris's letter to Elizabeth, 2d July 1566, in the Brit. Mus. from the original in the Pap. Office. It was afterwards said, by Throckmorton to Elizabeth, in his letter of the 12th of August from Edinburgh : " I am sure, your majesty is advertised of the present the Lord of Murray had given him, at his coming forth of France, which was valued at lifteen hundred crowns of the sun, and of the pension, that Lyncrolc [the French envoy] hath brought him of 4000 franks yearly." [In the Brit. Museum.] the Regent Murray] THE SCOTISH QUEEN. 247 sion, on promises, which Murray had no pur- pose to perform ? As soon as Murray understood, at Paris, that his partisans, and agents, had successfully exe- cuted the previous plot of dethroning the Queen, than he began to think " to make his repayre home :" But, he at the same time re- solved to send his agent Elphinston, through London, to Edinburgh.' As he was strongly suspected, by Mary's ambassador, at Paris, of sinister intentions, with regard to his sovereign, an order was issued to arrest him. d The Eng- lish ambassador, under the instructions of Cecil, was too artful, and active, for the French councils. He sent his Secretary, Jenye, to se- cure a vessel, for Murray's safe conveyance, if he should even go to England, for a proper bark. 6 c Norris's letter to Elizabeth, 2d July 1566. d Keith's Pref. ix. 16. p. 412. The following letter, from Jenye to Cecil, dated, at Rye, the 13th of July 1566, throws much light on Murray's retreat from France : " It may please you (Right Hon. Sir) that my Lord of Murray, finding himself, by his long delays of the French King, as also in hazard of detaining, by force, beside some peril of his person, by such as have grudged much his affection towards England, required my lord, my master [the English ambassador, Norris] to assist him, by some policy, to escape secretly out of Fiance : Whereupon, 248 THE LIFE OF [MEM. V. Memoir of Meantime, Murray wrote a letter of credence to Cecil, by his agent Elphinston, whom he sent into England, for such causes, as he would declare at length, and requests Cecil to credit him. " Upon this respect (says Murray) I will not write your lordship, at sic length, as I would haif done utherways : I believe alwayes, that your lordship will put to your helping hand, when occasion offers, as ye haif done at I was dispatched towards Deepe, to staye some English barke, under some colour ; (for my Lord of Murray will pass in no Frenchman) and if I found not an Englishman there, to haste over hither, to Rye, to provide him with all diligence ; where, I am arrived this afternoon, at four of the clocke : and meanes, as soon as tide, and winde serves, God willing ! to repair towards Deepe again, where a mes- senger attends my arrival, to give knowledge to my Lord of Murray, at the court, whereby, he may, under the assurance of his vessel, determine, and adventure his purpose. " The Prince of Condd his sudden departure - from the court, both with much difficulty, and much miscontentment, as also other emulation, in courte, and differences otherwhere which promiseth some new garboyle, is one particular of the mistrust, my Lord of Murray hath of himself ; besides other cause, with the rest, which I have by word of mouth to ad- vertise your honour of, at my arrival with you, which shall be, God willing ! so soon as I have landed my Lord of Murray, in what part of England soever it be. Thus, in haste, I hum- bly take my leave of your honour, from Rye, this 13th July." [Copy in the Brit. Museum, from the original in the Paper Office.] the Regent Murray.] THE SCOTISH QUEEN. 249 other tymes afoir." f This note is in the true character of Murray, who, from his usual cau- tion, would not commit his full purpose to writing ; but referred to an agent, for an ex- position, who was not himself intrusted, by his employer. But, what was the mighty design, for which the powerful hand of Cecil was thus required ? It was, only, the dethronement of the Scotish Queen ; the coronation of her infant son : and his own appointment, as Regent, during the King's minority. Whatever there may be in this, we have now evidence, under Murray's hand, that he was engaged in some plot. At length, on the 8th of July 1567, arrived at London, Elphinston from Murray, at Paris. He had an hour's conversation with Elizabeth. He had brought letters, from Murray, to the Queen of Scots, which he was charged not to deliver to any hands, but her own ; and parti- cularly, that the lords, who detained the Queen in prison, should not see them ; as he was not satisfied with their conduct, in proceeding so violently against her ; and as he would be her true servant, in all fortunes. 8 After imposing f At Paris this 2d of July 1567. g Heneage's letter, from the court, to Cecil, in London, 9th July 1567 ; conveying Elizabeth's orders to him. [In the Brit. Mus. from the original in the Paper Office.] 250 THE LIFE OF [M?M. V. Memoir of upon the French court, Murray endeavoured, thus, to delude Elizabeth, who in a melting moment, disapproved of subjects dethroning their sovereign. Murray, knowing this dispo- sition of Elizabeth, gave in to her sentiments, in order to delude her. h And she was, certainly, persuaded, that there was not so honourable, and true a servant as Murray, to the Queen in Scotland. Thus is it, for such a personage, as Elizabeth, to be deluded, by such a hypocrite I Murray seems to have arrived, from France, at London, towards the end of July, accompa- nied with his usual propensity to imposition. Cecil, and he, agreed perfectly together; as they both, on that occasion, tried, to delude Elizabeth, and to injure Mary. Murray re- mained not long, at London considering the critical state of affairs, at Edinburgh. He, however, went out of his way, to visit Sir h When Elphinston arrived at Edinburgh, from Murray, the Lords, who had imprisoned the Queen of Scots, would not allow him to have access to the Queen, nor to send my Lord of Murrray's letter unto her. [Throckmorton's letter to Elizabeth, from Edinburgh, 16th July 1566, in the Brit. Mus.] He repeated this intimation, in his letter to Cecil of the 18th of July ; and in that to Elizabeth of the 19th of July. [Id] The lords, who did this, were Murray's agents, and coadjutors ; and they did this, in order to show, hypocritically, that they were not influenced by Murray, though they acted, for him. the Regent Murray.'] THE SCOTISH QUEEN. 251 Francis Mild may, at Apthorpe, where he played off his accustomed artifices. 1 Having Cecil's protection, Murray found the road, through England, to Berwick, very easy to him. He rested the night of the 10th of August, at Whittingham, which was propitious to crime ; and here was he met, by Secretary Maitland, whose intrigues were here recollected. Here were Murray's future movements agreed upon, and detailed, with this able agent. On the llth, Murray set out, for Edinburgh ; and he was met by great numbers of gentlemen, and others. Throckmorton,thinking to promote Elizabeth's ends, met Murray on the road, about three, or four miles distant, from the capital. He found Murray very honourable, ' Mildmay's letter to Cecil, 4th August 1567 ', from Ap- thorpe. " If the government (said Mildmay) rest, only in the Earl of Murray, it will be well, as I think, for stablishing of religion, and continuance of amity here ; for otherwise, as you know, amongst many are many affections : His Lordship, passing homewards, was content to come so far out of his way, as to lye with me, on Friday night last. I found him very wise, and well affected to the maintenance of good friendship, between these two realms ; remember- ing to me, very thankfully, benefits received, especially that of Lithe, which he said was able to wash out all particular griefs. Doubtful, methought he was, to receive his prepared authority." [In the Brit. Mus. a copy from the original in the Paper Office.] , '. j . 252 THE LIFE OF [MEM. V. Memoir of sincere, and direct ; so I found him not resolved what he will do, nor what he will consent unto : Abhorring on the one side the murder of the King, and the circumstances conjoined there- with, which he can like in no wise should pass with impunity : k So, on the other side, do I find in him great commisseration towards the Queen, his sister: And yet not fully determined, whether he will accept the regency, or refuse it ; though he be pressed thereto, by all those lords, and gentlemen, which have dealt in this action. What hypocrisy, in Murray ! What delusion, in Throckmorton ! We have already seen, that every event, which had taken place, since the imprisonment of the Queen ; the coro- nation of her son ; the appointment of Murray, as regent ; had all been agreed upon, between Murray and his partisans, before he had left Edinburgh, for Paris. And Murray's whole conduct, and conversation, from the moment, that he learned, from his agent, of the Queen's imprisonment, were assumed, and directed, by the deepest dissimulation, for mere popular effect. Acting thus, Murray was received into the town of Edinburgh, with great joy of all the people. 1 k The attentive reader will easily recollect, that Murray's agents, and faction, were the murderers of the late King. 1 The whole of the above account was taken, from Throck- the Regent Murray,] THE SCOTISH QUEEN. 253 After some days of intrigue, Murray was declared Regent, in the following manner : At a great assembly of lords, barons, gentlemen, and others, in the Tolbooth of Edinburgh, the Justice Clerk, publickly, read the Queen's Commission of Regency, under her hand, and privy seal : Whereupon, the Justice Clerk willed the said earl, in the Queen, and King's names, to accept the said charge, and to pro- ceed to the taking of his oath. Thereupon, the Earl made a long discourse, stating his insufficiency for that charge : Notwithstand- ing, being again pressed, by the Justice Clerk, in the names of the Queen, and King, and by the intercession of the other lords, and the assistants, the earl did accept the office of Regent: Whereupon, the Justice Clerk did administer to the regent the same coronation oath, which Morton had taken, when the in- fant King was crowned : There were now certain articles read unto the Lords, which were proposed, by Murray, to be consented to, by them. This done, the earl took his place, as Regent ; and there was great joy made amongst all sorts, said Throckmorton to Elizabeth." 1 This morion's letter to Elizabeth, from Edinburgh, 12th August 1567, in the British Museum. m In his letter, from Edinburgh, of the 23d of August 1567, in the Brit. Museum. See also Bin-el's Diary, ii. : VOL. III. S 254 THE LIFE OF [MEM. V. Memoir o ceremonial was contrived, for stage effect : But, as to the refusal of Murray to accept the regency, which he had committed so many crimes to obtain, this can only be regarded, as another example of the profound dissimulation, whereof he was so great an adept. The articles, which were, on that occasion, made between Murray, and his own agents, and partisans, is another proof of the gross du- plicity of all the parties." The entering into On the 22d of August, James Earl of Murray was made, and proclaimed regent, with great solemnity, by the heralds, at the Cross, till the King should attain his age of seventeen. n The following is a copy of the articles, which were sent up to Elizabeth, by Throckmorton : and which remain in the Brit. Museum : They begin with a recital of the Queen's resignation, and appointment of Murray, as regent, his fitness, reluctant acceptance, and the necessity of effectual support, and concurrence of the council, nobility, and estates, for which purpose, the following articles were agreed on. 2d. They shall concur with the Regent, in establishing the true religion, &c. ; and for this effect, as well as for other things, concerning the policy, and government of the realm, a Parliament shall be held, as soon as it may goodly be. 3d. They shall concur with him, in setting forth justice equally to the lieges, according to the laws. 4th. The council, and nobility, shall accompany, and remain with the Regent, in such places, as shall be thought expedient until the King's authority be, universally, established, through the whole realm. 5th. That upright, and proper persons shall be placed in the publick offices ; and the others, who the Regent Murray.} THE SCOTISH QUEEN. 255 such articles was designed to delude the great vulgar, and the small, to suppose, that similar agreements were not made between Murray and his agents, and partisans, before he went from Scotland to France. The last article was so contrived, as to enable the Regent, to set aside the promises, which he had given, in France, and perhaps, in England, for relieving the Scotish Queen. As Murray had departed, from Edinburgh, on the 9th of April, and returned, on the llth of August, he was absent five months : while the most important events had been effected, for the common benefit of Cecil, and Murray. 1st. Morton, and Maitland, with the aid of Murray's partisans, tried, and acquitted Both- well, for the murder of the King : Now ; Both- now hold them, shall be removed therefrom. 6th. No respect, or remission, shall be granted to any person, for any murder, or other equivalent crime, which shall be committed, from this date, during the time of his regency. 7th. At the Re- gent's proceedings, for maintaining authority, executing justice, &c. none of the council, or nobles, shall grudge, but shall give him assistance. 8th. Item, on the other side, my lord Regent faithfully promises, that in no time, during his regency, he shall contract with any foreign princes, toward peace, war, the estate of our sovereign lord the King, his marriage, the liberty of the Queen his mother, nor shall speak with her, send writing to her, or have intelligence of any sort with her, without the advice of my lords of the secret council present, or of the most part of them. 256 THE LIFE OF [MEM. V. Memoir of well could not be tried, a second time, for the same offence: Could Morton, and Maitland, again charge Bothwell with that offence, with- out criminating themselves ? 2dly. Morton, and Maitland, by artifices, and violence, enabled Bothwell to marry the Queen, by means, which were treason in him, but inferred no guilt in her. 3dly. Against this marriage, thus con- summated, by their guilty artifices, and by his treasonous coercion, Morton and Maitland, two of the King's murderers, and Murray's agents, drew their swords, upon the avowed pretence, of freeing the Queen from the bondage of Both- well ; yet, when she left her army, and Both- well, and joined Morton, and his insurgents, on condition of their obeying her, as their Queen, he made her a prisoner, and sent her to Loch- leven-castle ; allowing Bothwell to depart, without obstruction, from this treacherous scene. 4thly. This consummation of one of the great steps of their conspiracy, Morton, Maitland, and the other conspirators, imme- diately, communicated to Murray, by letters, which they inclosed to Cecil, by Robert Mel- vill, another instrument of Murray, who was said, by Cecil, to have come, from the Scotish Queen, and not from the insurgents : Thus happy were all those statesmen, in the conve- nient terms, wherein they concealed their arti- the Regent Murray."] THE SCOTISH QUEEN. 257 fices, and their objects ! So much was Murray deemed, by the insurgents, as the chief of their conspiracy, that they refused, to treat any more with Throckmorton, Elizabeth's agent, till Mur- ray arrived among them. 5thly. On the 24th of July, they compelled the imprisoned Queen, by their usual artifice, and violences, to resign her sceptre to her infant son, whom they, imme- diately, crowned, and to appoint Murray, as his regent, during his infancy. Gthly. If it be asked, by what authority the Queen's son was crowned, and Murray appointed regent, since the Parliament did not meet till the subsequent December ? the answer may be given, in the audacious falsehood of Secretary Maitland, in the voluntary hand writing of the Queen, com- manding the coronation of her son : At the coronation, this falsehood was sworn to be fact, by the Lords Lindsay, and Ruthven, the two wardens of the Queen, who compelled their imprisoned sovereign, by threats, violences, and terror, to sign the acts of resignation of her sceptre, and the appointment of Murray, as regent : The true answer must be, that the coronation of the boy James, and the appoint- ment of the conspirator Murray, as his regent, Throckmorton's letter to Elizabeth, 5th August 1567, in the Paper Office. 258 THE LIFE OF [MEM. V. Memoir of proceeded from the unhallowed direction of the secret council, consisting of six, or eight, nobles, with the murderer, Morton, at their head, and the treacherous Maitland, as their secretary. The result, then, is, that Murray was one of the original conspirators against the late King, and Queen ; that he knew, when he went to France, the whole detail of what was to happen to the Queen ; and what would be the conse- quence to himself, in being placed, by a series of villainies, and treasons, in the vice-regal chair. The moment, that the dethronement of the Queen was effected, by her imprisonment, he resolved, with the aid of Cecil, and Norris, to return to England, whose zeal, and whose efforts, for that end, we have seen : He, mean- time, by a duplicity, which was natural to him, imposed upon the French court; deluded Eli- zabeth ; and deceived the friends of the Scotish Queen. In a letter to Cecil, Murray professes his sincerity ; and at the same time, assures his correspondent, that the regency was an office neither welcome nor pleasing to him.* But, f A copy in the Brit. Mus. from the original in the Paper Office, dated, from Edinburgh, the 30th August 1567, Murray always writes like a man, who wishes to conceal the one half of what he has to say. He, however, tried to make Cecil understand, that he was not one of his highncss's mortal the Regent Murray.'] THE SCOTISH QUEEN. 259- amidst so much profligacy, it is almost impos- sible to hear the voice of sincerity, or to under- stand the dictates of truth. Certain it is, how- ever, that the appointment of Murray, as re- gent, by his own agents, and fellow-conspirators, is a decisive proof, that the revolt, which produced it, under the management of Morton, and Maitland, was made for his benefit, as we must even infer, from the busy interference of Cecil ; and was, moreover, the only genuine denouement of the sad tragedy, that was written* with blood, in Craigmillar-castle, when the Queen refused, so decisively, to be divorced from Darnley. It is a remark of L'Estrange, which applies, very appositely, to the conspi- racy of Craigmillar-castle : " If one were to " launch into the history of human nature, we " should find, the minions of princes, linked in " conspiracies against their masters." The whole reign of Mary is a continued proof of this just intimation. It was a period of plots ; owing to the treachery, and talents, of Secretary Maitland, the active agent of the Earl of Murray. enemies, the murderers of the King his father. It cannot be too often repeated, that the leading men, Morton, and Maitland, Murray's agents, were two of the principal mur- derers of the late King; and that Murray himself was the chief conspirator. 260 THE LIFE OF [MEM. V. Memoir of The great efforts, that were made to relieve the Scotish Queen, from her unmerited impri- sonment, altogether failed. The French King, Charles IX., was her sincere, and active friend : But, the Queen-mother was her zealous, and insidious, enemy : The agents, who came, from Paris, to Edinburgh, were actuated, by such contrarieties of conduct, which was of little value to the unhappy Queen, and less credit to themselves. Elizabeth, in a melting mood, took part with Mary; as she was not much pleased to see such nobles imprison their sove- reign : But, Cecil traversed his Queen's good purposes : And when Throckmorton arrived, at Edinburgh, to solicit the cause of Mary, he acted under publick instructions, from Eliza- beth, and private instructions, from Cecil. Morton, Maitland, and other nobles, who held the Queen, in bondage, knew the opinions of Cecil ; and whatever might be their conduct to Mary, they foresaw would be protected by that powerful minister. Murray, with all his promises to Charles IX., and his blandish- ments to Elizabeth, had always aimed at the Queen's sceptre, which he now enjoyed, and said, and unsaid, whatever suited his pur- pose, with regard to the Scotish Queen, of whose ruin he had been the principal plotter. Those insurgents, with Morton, and Maitland, the Regent Murray.'] THE SCOTISH QUEEN. 261 at their heads, who held their sovereign, in du- rance, Murray could have commanded, as his agents, and partisans ; But, his dissimulation- induced him, to be over-ruled, by them, in what- ever related to her relief. Soon after the coro- nation of her son, she was taken with several fits of an ague, and kept her bed :' She not only kept her bed, but, notwithstanding her son's coronation, she was guarded, in the same place, as straitly, as she had ever been ; Lord Lindsay being returned from Stirling to Loch- leven : r They thus acted towards the unhappy Queen, to evince, how voluntarily, she had re- signed her sceptre, how willingly, she had com- manded the chiefs of the insurgents, Morton, and Maitland, to crown her son. As soon as Murray became regent, he avow- ed, that there should be no subject, nor place, within the realm, exempted from the King's authority, and that none should be exempted, * Throckmorton to Elizabeth, from Edinburgh, the 26th July 1567- r Ib. 31st July, in the Brit. Mus. from the original in the Paper Office. In his letter of the 2d of August to Elizabeth, Throckmorton informed her : " The Queen of Scotland is " straitlier kept, at Lochleven, than she was yet ; for now " she is shut up in a tower, and can have none admitted to " speak with her, but such as be shut up with her." [In the Brit. Mus. from a copy in the Paper Office.] 262 THE LIFE OF [MEM. V. Memoir of from obeying him, as Regent ; otherwise he would stake his life, in the matter.* This was said, to overawe the many considerable persons, and places, who either denied the legality of the coronation, or resisted the King's proclamation. With the same design, several persons of note were summoned to answer the charge of being guilty of the late King's murder. But, knowing their own innocence, they did not hesitate to appear ; offering to meet the charge. Consi- dering that Murray, and his partisans, were the real murderers of the King, they carried too far this affectation of innocence, by a zeal for punishing even the least suspected persons of such a crime/ The Regent soon acquired, by the corruptest means, possession of Edinburgh- castle : He, after a while, acquired D unbar- castle, by force, and negotiation : Before the end of September 1567, by ardour, activity, and artifice, qualities Throckmorton's letter to Elizabeth, from Edinburgh, 23d August. 1 Throckmorton's letter to Elizabeth, 23d August J 56? : On the 23d of August, there ought to have appeared forty persons, who were suspected j but, there only appeared three of them ; Sir James Cockburn of Skyrling, Sir Patrick Hepburn of Ryciirdton, and William Edmonstone, the son of the Parson of Tallu : But, they were dismissed, to appear at a future day. the Regent Murray.} THE SCOTISH QUEEN. 263 these, which cannot be denied him, the Regent had compelled every place, and person, to yield to his power. He trusted, however, for the support of his authority, to the insurgent nobles, who had conferred on him the regency, with the spoils of the Queen ; to the reformed clergy, who supposed themselves to owe nothing to the Queen, who had protected them, and given them bread ; and above all, Murray trusted to the artifices, and protection, of Cecil, whom he courted, by every mode of servility." The insurgents, even in the height of their success, owing to their artifices, bethought themselves of proofs, which might justify their recent conduct, that in every law amounted to treason. The queen, under the influence of a negotiation, voluntarily surrendered herself to the insurgent nobles ; expecting to be treated, as their sovereign. They imprisoned her ; they dethroned her ; they crowned her son ; they appointed Murray the boy's regent. Murray now approved of their measures, for those ends ; adopting their pretences, in the place of proofs. The country, the clergy, the parliament, as it approached, seemed to require some other motives, and reasons, for the justification of u Murray's letter to Cecil before quoted j and the Cabala, everywhere. 264 THE LIFE OF [MEM. V. Memoir of their sovereign's imprisonment, than mere pre- tences. The warrant, for her commitment to prison, upon deliberate consideration, was re- garded, as little more than pretence. They even relinquished the several charges, which they had avowed to Throckmorton, by the tongue, and pen, of Maitland, as sufficient proofs of her guilt, before Murray's arrival, from his decep- tive journey to Paris, and London. At length, after the best consideration of the ablest, the artfullest, the basest men, Murray called a nu- merous Privy Council of his adherents, with the guilty Morton, and Maitland, as their advisers, on the 4th of December 1567. They now dis- cussed those essential points of justification, for their treasonous conduct, as preparatory to an Act of Parliament, for legalising their whole conduct against their sovereign ; consisting of treachery, and artifice, of violence, and wrong, of imprisonment, and divestment of regality, done, and performed, against an innocent Queen, by half a dozen nobles, with the mur- derous Morton, in their front : And, for so many villainies, what was their justification, if they admitted of any justification ? They laid it down, as a maxim, that nothing can stand, when accurately examined, but what is founded on naked truth. Then what was their naked truth ? It was the Queen's own default : For it the Regent Murray.'] THE SCOTISH QUEEN. 265 appeared, by her private letters, written, and subscribed, by her own hand, and sent by her, to Earl Bothwell, who was the cat's-paw of Murray, and his faction, in murdering the late king ; who was tried for his foul offence, by Murray's partisans, and acquitted, by the ma- nagement of Morton, and Maitland, Murray's agents. To demonstrate the default of the Queen, they, no doubt, brought proofs of holy writ. No. They brought the Queen's letters, written, and subscribed, by the Queen's own hand, into the Privy Council, to demonstrate her de ault. No : They were not produced, in evidence. Morton, only, said, that he had in- tercepted a gilt box, full of the said letters, written, and subscribed, by the Queen's own hand, in the possession of Dalgleish, BothwelFs servant, who was then, in their custody, who had brought them, from Sir James Balfour, the governor of the castle, who was then in the Privy Council. Were Morton, Dalgleish, and Balfour, examined, concerning this important transac tion, which was to make out the naked truth of the Queen's default ? No : There was no exami- nation of any person, or of any thing : The whole discovery of the box-full of letters rested, then, upon the mere assertion of Morton, a common liar, and habitual falsifier. It is not true, therefore, that any such letters were pro- 266 THE LIFE OF [MEM. V. Memoir of duced, in the Privy Council : It is as little true, that any such box with letters had been ever intercepted." But, they went on to say, that by an improvident marriage, soon after the king's murder, of the Queen with Bothwell, it is most certain, that she was privy to the murder of her husband. They concealed, however, the whole circumstances, attending the marriage, which would have evinced her innocence. They concealed, that Morton, and Maitland, Mur- ray's agents, had obtained the acquittal of Both well, when tried for the king's murder; and that Morton, and Maitland, soon after obtained a declaration from many peers, and prelates ; declaring the innocence of Bothwell ; and re- commending him, as the fittest husband, for the * Like other inquirers, I once thought, that the said letters must have been shown, in the Privy Council ; as so much was to be built upon them : But, upon considering the Privy Council Record, an original of which, I SSLW in *he Paper Office, I did not perceive, that it recites the production of the letters 3 it only says, that they existed .- And what the record does not recite, we cannot supply, by any presump- tion : As the record is silent, we must be, also, silent : Neither does there appear to have been any question asked of those, who were said to have seen that box-full of letters ; Sir James Balfour,who had the keeping of them; Dalgleish, who had the carrying of them ; Morton, who intercepted them : And, what does not appear, we are bound, by every rule of prudence, to presume does not exist. the Regent Murray] THE SCOTISH QUEEN. 26? Queen : They concealed, that Bothwell, with such a declaration in his pocket, went out, at the head of an armed force, and arrested the Queen's person, carried her forcibly to the castle of Dunbar, and therein coerced her to agree to marry him ; Maitland, the Secretary, being present, to delude the Queen, with false advice. The treasonable conduct of Bothwell, in apply- ing coercion to the Queen's person, was after- wards made, by Murray's Parliament, the grounds of attaining him of treason : So that the inference drawn, in the Privy Council, that the Queen knew of the murder of her husband, because she married Bothwell, who had been publickly declared innocent of the murder, is futile, and/alse. And, thus did they fail, egre- giously, in making out the default of the Queen, as the best justification of the guilty persons, who imprisoned her. It is said, also, as an addi- tional ground of justification of the insurgents, that a great part of t he nobility, fearing that the Queen, and Bothwell, would murder them, as the king had been murdered, took arms : It is not true, that a great part of the nobility took arms : Admit the fact, that the Queen had been as guilty, as she was innocent, of her husband's murder ; yet, half a dozen nobles, with Morton, and Maitland, two of the king's murderers, at their head, had no right to dethrone the Queen : 268 THE LIFE OF [MEM. V. Memoir of It ought to have been done, by a national act. Murray, and his faction, thus egregiously failed, in finding a justification, for the insurgents, and in fixing any guilt upon the Queen. Murray disgraced himself, on that occasion, by in- volving himself, in the iniquities of his faction. He disgraced himself, by speaking of those supposititious letters,which he was afraid to pro- duce in evidence, as genuine : He disgraced himself, by concealing those circumstances of fraud, and force, which attended the Queen's marriage to ^Bothwell. But, Murray was, by habit, a hypocrite ; and by acting on hypocri- tical principles, through life, entailed upon him- self eternal disgrace. The scene of inquiry, and of justification, was, in ten days, transferred, from the Privy Council, where there had been so little inquiry, or justification, to the first Parliament of James VI., and of the Regent Murray. Little more seems now to have been done, than to transmit the minute of the Privy Council, which is full of fiction, and falsehood, to the Com- mittee of Articles, who formed it into an act of parliament, for justification of those guilty in- surgents. In this committee of parliament, in which the murderer, Morton, presided, there was as little examination of circumstances, or of persons, or of papers, as there had been, in the Regent Murray."] THE SCOTISH QUEEN. 269 the Privy Council ; y though an act was to be grounded on the proceeding, in that council, for justifying a thousand wrongs, for criminating the Queen, by means of fiction, of forgery, and of falsehood ; though a revolution in the govern- ment was legalized, on no better grounds, than the gross delusion, arising from those fictions, forgeries, and falsehoods. Murray's Parliament at length proceeded, to try Bothwell, who had acted, as Murray's cats-paw in the murder of the late king. He was charged, though he had been acquitted, with various points of treason : He was charged with the king's murder ; he was charged with, traitorously, intercepting of the Queen's noble person, in her way from Stirling to Edinburgh; with carrying her, by force, to Dunbar-castle ; with therein compelling the Queen, by coercion, y The supposititious letters, which had been attributed to the Queen, in the Privy Council, were not produced in Par- liament; as the act is silent on this important point: But, there is a discrepancy between the Register of the Privy Council, and the Act of Parliament, founded on it, which has been deemed important : The register said, that the Queen's letters were written, and subscribed by her own hand ; the act stated, that they were wholly written, by the Queen's hand, but not subscribed. There were other discrepancies, which tend to prove forgeries, and fictions, without end. Goodall, ii. 64 j Black Acts of that Parl. ch. 19. VOL. III. T 270 THE LIFE OF [MEM. V. Memoir of and fear, while thus detained a prisoner, to agree to marry him, though he had then a lawful wife. Of all those treasons, Both well was found guilty, and forfeited ; z though the facts, on which he was forfeited, at the same time, acquitted the Queen of any guilt : The great difference, be- tween the act justifying the insurgents, by the default of the Queen, and the act, thus attaint- ing Bothwell, consists of these material circum- stances, that the statements, in the first act, are all false ; while the statements, in the last, are all true : By the falsehoods of the first, the Queen could not be criminated; by the truths of the last, she was acquitted of any guilt. Such then, were the treacherous grounds, upon which Murray's Parliament of December 1567, legalized Mary's dethronement, and Murray's regency. If the proceedings of the Privy Coun- cil, in the same month, disgraced him, the acts of this Parliament, which were founded on those proceedings, covered his dissimulation, with ignominy. The administration of Murray, which was thus established, was altogether suitable to the savage manners of a degenerate people, vigo- rous and unfeeling. He punished some, who were guilty of the King's murder, and some, z Acta Part. iii. 6-7, 8-9. the Regent Murray."] THE SCOTISH QUEEN. 271 who were innocent. Morton, the Chancellor, and Maitland, the Secretary, were, with him- self, the most guilty, as the most influential ; yet, were they rewarded, and not punished. The French ambassador Lygnerol, who had acted, like the servant of two masters, at length applied to the Regent, for the Queen's release ; but, his requisition, which was plainly founded, in an engagement, for a valuable consideration, Murray easily evaded, by saying what was not altogether true ; that she was not so much his prisoner, as the Parliament's ; who had voted B Acta Parl. iii. 28. This act legalizes the guilty conduct of those, who imprisoned the Queen : But, it may be doubt- ed, whether it, expressly, authorized the detaining of the Queen, in future, though a very willing intellect may infer, that her future imprisonment was, virtually, implied. In the proclamation of the Regent, and the Privy Council, from Glasgow, the 3d of May 1568, it is said : " Forasmuch as my Lord Regent's grace, and the Lords of the Secret Coun- cil being advertised, how that the Queen, mother to our sove- reign lord, being put, and keepit, in the place of Lochleven, by the advice, and consent, of the Estates in Parliament, is now escapit." Keith's App. 155. This recital of Murray, and his Privy Council, is untrue. The Queen was put into Lochleven-castle, by the unauthorized warrant of Morton, and six other persons ; but not by the Estates : Nor, was it true, that the Queen was kept, in the same castle, by the authority, or advice of the Estates. None of the acts of Parliament of December 1567, provided, for detaining the 272 THE LIFE OF [MEM. V. Memoir of her to be faulty upon faulty proofs : Did ever any other Parliament legalize a revolution without inquiry 9 Did any Parliament everim- .prison a Queen, their sovereign, before, without a charge, and proofs? Her supposititious let- ters were not produced in evidence, and her marriage with Both well, was, by the act of his attainder, declared to be a coerced, not a vo- luntary marriage. Murray, by acting, as we have seen, both in the Privy Council, and in the Parliament, made the Queen the victim of his ambition, by charging her with his own crimes, without producing one iota of proof. His Parliament, by legalizing all the violences, and villainies of his faction against his sove- reign, without calling for proofs, or examining persons, disgraced themselves, rather than the Queen. In the midst of the Regent's security, the Queen made her escape, from Lochleven-castle, on the 2d of May 1568 ; owing to the assis- Queen a prisoner, in future. On the said 3d of May, this was a case unprovided for, by any positive law : And, there- fore, the Regent Murray, unwarrantably, asserted to be true what was untrue, both in fact, and law. The notion of imprisoning the King's mother, by implication, was a part of the guilty code of the Regent Murray, which came down to him, from that very virtuous character, Lord Chancellor Morton, the assassin of Rizzio, the murderer of the King. the Regent Murray.] THE SCOTISH QUEEN. 273 tance of George, and William Douglas, the one, a youth, the other, a boy : But, her triumph was short. In attempting to find a safe retreat, in Dunbarton-castle, her little army was defeated, by the Regent's vigour, on the 13th of the same month, at Langside. During her flight, her fears induced her to suppose, from a recol- lection of deceptive promises, that Elizabeth would give her an asylum, and aid, who only gave her a prison, and persecution. Cecil, her greatest enemy, secretly, rejoiced, when he heard of her arrival, at Carlisle ; as he had her now in his power, for whom he had laid so many snares. Mary, though she knew, that she was hated, by the Queen-mother of France, might have relied on the attachment, and pro- tection, of Charles IX., who had a great friend- ship for the Scotish Queen. What Mary could expect, from her good sister of England, advised as she was, by such a minister, as Cecil, cannot easily be conceived. The Scotish Queen, however, wrote from Car- lisle several letters to Elizabeth, which are in- structive, and eloquent ; and she solicited Eli- zabeth's aid, for her restoration, by the personal instances of Lord Herries, who served her with spirit, and fidelity, though he had been ma- ligned, by Knollys, the Queen's warden : But, ner rival Queen would consent to little more, 274 THE LIFE OF [MEM. V. Memoir of than to hear the mutual pretensions of Mary, and Murray ; and to prevent the Regent, from ruining, by his violence, the friends, and ad- herents, of the Scotish Queen. Notwithstand- ing Elizabeth's application to Murray, he went on, with his usual resentment, to cast down the houses of some, to execute others, who were forfeited, by the Parliament, which he, purpose- ly called, for those ends of vengeance. 6 The Queen had been thus compelled, by a faction of her nobles, with Murray, at their head, to seek an asylum in England.' The unfortu- nate Queen was, however, immediately placed in ward, at Carlisle ; and so remained under the custody of the vice-chamberlain, Knollys, till she was ordered, to remove to Bolton- castle. Meantime, ensued a correspondence between Elizabeth, and Murray, of matchless artifice ; b Hist. K. James VI. 42-6-7. c The convention of peers, and prelates, at Dunbarton, of that measure assert : " And yet, they who have enterprised the same are not in number the sixth part of the nobility, nor of the people of the realm : And there are six or seven Earls, who have vote in Parliament, before any of them, who have usurped their place j because with such treason- able, and deceitful means, they have obtained the strengths of the country, by great presents, and rewards, given to the traitors, who were the keepers thereof." [Goodall, ii. 354-5.] the Regent Murray.] THE SCOTISH QUEEN. 275 by which the English Queen drew to herself an examination of the complaints of Mary against Murray; and, by the same means, Murray tried, to induce Elizabeth to prejudge the pretensions of both parties, without the knowledge of Mary. d That correspondence ended, at length, in the appointment of an in- quiry, at York, before Elizabeth's commission- ers, the Duke of Norfolk, the Earl of Shrews- bury, and Sir Ralph Sadler, in the first week of October 1568. It is important to remark, that Murray, by his endeavours, to obtain Queen Elizabeth's judgment, before hand, on the sa- tisfactory qualities of his proofs, evinces his own opinion of the box full of documents, as d See Elizabeth's letter, in poodall, ii. 75 ; wherein she scolds Murray, at a great rate ; and, at the same time, slily accepts Murray's offer of " making declaration to her of his whole doings" against the Scotish Queen. See what Mur- ray, and his counsellors, said to Middlemore, Elizabeth's agent, in Goodall, ii. 75 ; wherein Murray talks of having the Scotish Queen's privy letters, which, in their opinions, sufficiently proved her consent to the mifrder of her husband : In this document of the 22d of June 1568, they first inti- mate, that the Queen's supposititious letters, which were written, in the vulgar language, when they were mentioned in the Privy Council, and Parliament of Scotland, during December 1567, had been translated, into our language, as if the originals had been written, in some o*"er tongue. 276 THE LIFE OF [Mm. V. Memoir of extremely suspicious, from what he knew of their history. Understanding that this inquiry, which the English Queen intended to have, at York, was to be attended " with great ceremony, and so- lemnities/' Murray made suitable preparations, for the occasion : The Regent appointed him- self, the Earl of Morton, and some other trusty friends, as the King's commissioners, with Se- cretary Maitland, and George Buchanan, two of the ablest, and most unprincipled of man- kind, with some others, of a similar sort, for assistants. The Queen was not wanting on her part. As her commissioners she appointed Lesley, the Bishop of Ross, Lord Herries, and some others of less note, for their skill, and energy : And, to give greater authority, and lustre, to their commission, they had also powers, and instructions, from the loyal con- vention of peers, and prelates, at Dunbarton, in September 1568. Murray, as Regent, now took upon him, the whole burden of foresight. Owing to this cir- cumstance, it was, that he gave to Morton a formal receipt, for the said box, and letters.* ' It ran in this manner: " At Edinburgh, the 16th of September 1 568 : ' The which day, I James, Earl of Mur- ray, confess to have received, from James, Earl of Morton, the Regent Murray.'] THE SCOTISH QUEEN. 277 This formality of receipt, for a box-full of for- geries, was thus given, by Murray, to Morton, in order to bolster up those despicable counter- feits, which were intended to prove the charge, which they intended to make against the Queen, for the murder of her husband, which had been committed by themselves. But, who proved, that such a box-full of letters had been ever discovered, by Morton ? Morton, the falsifier, said, that he had found them on Dalgleish, as he was, in the act of carrying them, from Sir James Balfour, the keeper of the castle. Was Dalgleish, though they had him as a pri- soner, ever examined, with regard to the box- full of letters ? No. Was Balfour ever examin- ed ? No. Was any one ever examined, in Scot- land, to ascertain the truth ? No. The Queen, a silver box overgilt with gold, with all privy letters, con- tracts, or obligations for marriage, sonnets, or love-ballads, and all other letters contained therein, sent, and passed, betwixt the Queen, and James, sometime Earl Bothwell, which box, with the whole writings therein, were taken, and found, with the late George Dalgleish, the servant to the said Bothwell, upon the 20th of June 1567,'" &c. &c. [Goodall, ii. 90. From the Register of Murray's Privy Council.] It is unnecessary to observe, that when Morton entered Holyrood-house, on the Queen's flight, he obtained possession of her jewels, and property, with this silver box, overgilt with gold. 278 THE LIFE OF [MEM. V. Memoir of when she heard, that the conspirators pretended to have found a boxfull of her letters, denied, that she ever wrote such letters. The nega- tion of the Queen is more persuasive, than the affirmation of Morton ; as the denial of ho- nesty is more probative, than the assertion of knavery. The period of the letters was, from the 20th of January 1566-7 to the 10th of the sub- sequent February. In this period, Morton knew, that Bothwell had not any such do- cuments, under the Queen's hand. In this period, the Queen was completely reconciled to her husband ; and went to Glasgow, to bring him to Edinburgh. Some of those letters, were dated, from Glasgow, before the 25th of January in that year: But, the Queen was, then, at Edinburgh. Some of those letters, were plainly dated, from Stirling, with regard to the Queen's interception, by Bothwell : But, the act of Bothwell's forfeiture, ascertains facts, which are inconsistent with the truth of such letters. Now ; what is there opposed to those invincible positions ? The answer must be, the assertion of a falsifier, and the confirmation of a liar. With whom did Bothwell act, from the epoch of the conspiracy against the King and the Regent Murray.] THE SCOTISH QUEEN. 279 Queen ? With Murray, and his faction. Did not Bothwell, and Maitland, meet Morton, at Whittingham, to concert the murder of Darn- ley ? Yes : Were not Morton, and Maitland, the agents of Murray ? Yes. Bothwell, then, con- tributed his aid to the murder of Darnley, in concert with Maitland, Morton, and Murray ; and not with the Queen. How, was Bothwell employed, in the period of those supposititious letters [from 20th of January to 10th of Fe- bruary] ? The answer must be, In providing men, and means, to murder Darnley. How was the Queen employed in the same period ? In taking care of her husband, with the aid of her physician. Did not Morton, and Maitland, as Murray's agents, obtain the acquittal of Bothwell, when he was tried for the murder of Darnley ? Yes. Did not Morton, and Maitland, procure a de- claration from certain peers, and prelates, of the innocence of Bothwell, and of his fitness, for the husband of the Queen r Yes. Did not that declaration embolden Bothwell, to arrest the Queen on the highway ; to carry her, by force, to the castle of Dunbar ; to enforce the Queen therein, to consent to marry him ? Yes. Were not these the three treasonous facts, for which Murray's Parliament of December 1567 forfeited Bothwell? Yes. These facts being 280 THE LIFE OF [MEM. V. Memoir of true, we may perceive, that her marriage was enforced, and not voluntary. Was it not fiction, and falsehood, with which Murray charged the Queen, in his Privy Coun- cil of the 4th of December 1567, and in his Parliament of the 15th, as justifications, for the Queen's dethronement? Yes. Did she write such letters to Bothwell? No. Was she privy to the murder of her husband ? No. Was she not enforced to marry Bothwell, by the arti- fices, and coercions, which Bothwell used, by the means of Morton, and Maitland, as agents of Murray ? Yes. Were not Morton, and Mait- land, both convicted, by Parliament, and punished, for the murder of Darnley? Yes. Did not they act for Murray, in that conspi- racy ? And did not Murray obtain, the great object of all his aims, the government of Scot- land, by the Queen's dethronement, under the force of Morton, and Maitland ? Yes. He ob- tained the government, from those, who de- forced the imprisoned Queen ; and not from the Queen herself, who never assented to the papers, which, by fraud, and force, she was compelled to sign. And, Murray was of course appointed Regent, not by legitimate choice, but by guilty violence. Did not Murray receive that box-full of for- geries, from Morton, knowing them to be tilt Regent Murray.-] THE SCOTISH QUEEN. 281 obvious fabrications ? The formality of the receipt, which he gave to that audacious mis- creant, for that box-full of forgeries, is a full proof of Murray's knowledge of their spurious- ness, and of his baseness, in adopting spurious, for real documents. He carried those forge- ries into England, with the fell design, of charg- ing the Queen, his sister, and benefactress, with the murder of her husband, which he, and his agents, had committed, with Bothwell, for their instrument ; whom they contrived, to make the victim of Murray's villainy. Murray, having in his communications with Elizabeth, felt his dangerous way; owing to the difficulty of his design, of proving the guilt of innocence, and of converting forgery into genuineness ; he set out, from Edinburgh, to York, on the 21st of September 1568. The Regent was attended, on this disgraceful oc- casion, by his associates, and assessors : But, he was himself responsible, for the wickedness of the design, and the baseness of the execu- tion. As it was the object of Elizabeth, and Cecil, to amuse France, and Spain, and to de- lude the Scotish Queen ; the commissioners, Norfolk, Sussex, and Sadler, took appropriate oaths, that they would act sincerely and up- rightly, without any sinister affection, and 282 THE LIFE OF [MEM. V. Memoir of should afore God, bear witness, to be honest, godly, just, and true/ Such, then, were the oaths, by which all par- ties, were bound to act fairly, and impartially. But, oaths, in that age, were not deemed of any efficacy. After some preliminary proceedings, the English commissioners, at the request of Murray, who was still afraid of his proofs, and continued, to act as a miscreant, admitted his assistants, Maitland, MacGill, Buchanan, and Balnavys, four of the ablest, and wickedest men, in Scotland, to a secret conference, where- in they showed the English commissioners, and expounded, for their better instruction, all such proofs, and circumstances, as to induce a ve- hement presumption of the Scotish Queen's guilt, and even to adjudge her guilty of her husband's murder. But, did the English com- missioners, by acting thus secretly, and par- tially, act according to their oaths ? No. They sent an abstract of the whole of what they had learned, at this clandestine conference, secretly, to Elizabeth, and supplied themselves with ab- stracts. 8 They thus seem to have decided the f See the above-mentioned oath, in GoodaU, ii. 12 j and also the oaths of the King's and Queen's commissioners, to act honestly. Ib. 122-3. See their letter to Elizabeth, of the 9th of October the Regent, Murray.-] THE SCOTISH QUEEN. 283 great object of the inquiry against the Scotish Queen ; but contrary to what had been Eliza- beth's avowed intentions, 11 though perhaps agreeable to her private wishes. They did this, however, by incurring the charge of perjury : Murray seems to have obtained, at the outset of this inquiry, by his knavery, the great object, of showing his own innocence, and Mary's guilt. Those clandestine proceedings were probably made, by the secret instructions of Cecil, to obtain a full view of Murray's proofs, and, at the same time, to collect matter of charge, and defamation, against the Scotish Queen. Both those objects of Cecil seem to have been very fully obtained ; while Eliza- beth's passion, for slander of her hated cousin, was abundantly gratified.' 1568, in Goodall, ii. 139-40 j and in Anderson's Col. i. 58. h Cabala, 139. ' Sadler left behind him a Collection of State Papers, which had passed, through his hands j and which were pub- lished, in 1809 : In Vol. ii. 337, there are given " the spe- cial words, in the Queen of Scots' letter, written with her own hand, to Bothwell ; declaring the inordinate, and filthie love, betwixt her, and him." We thus understand, from Sadler, that the above are the very words of the original let- ter of the Scotish Queen, written, with her own hand; and those very words were written, in the vulgar language of a vulgar people. Let us now collate Sadler's extracts with the genuine forgery , in Goodall, ii. 1-2. 284 THE LIFE OF [MEM. V. Memoir of It was here important, to lay before the reader, a specimen of those secret comnmnica- SADLER'S FABRICATED FORGERY. [Letter i. from Glasgow.] " First, That she being departed from the place where she lefte her harte, it was easie to be judged what was her countenaunce, seeing she was no more then a body without a harte : [That if she had not had a profe of her husband's herte of wax, and knowing her owne to be of a diamond (whereunto no shotte coulde make breche but that which cam out of Bothwell's hande), she wold have almost pitieof him, bidding Both well not to feare, for that the place shoulde holde unto the deth ; in recompense whereof, she prayeth him, that he will not let his herte be woonneirom her by that false race,* that will travail no lesse with him for the same."] * In the margin, " By this is meant, Bothwell's wif." GOOUALL'S REAL FORGERY. [Letter i. From Glasgow.] " Being departit from the place, quhair I left my hart, it is esie to be judgeit quhat was my countenance, seeing that I was even als meckle as ane body without ane hart 3 quhilk was the occasion, that quhile dennertyme, I held purpose to nabody j nor yit durst any present themselfis unto me, judg- ing yat it was not gude so to do." [There is nothing of Sadler's second paragraph " That if she had not " to the end ; in the real forgery.] N. B. The three distinct series of passages, which are published, in Sadler's papers, ii. p. 237-8-9 ; were all taken by him, from the letter No. i. in Goodall, and not from several letters ; and by collation, it appears, to have been greatly interpolated, not indeed, by Sadler, but by the for- gers themselves, before they laid this letter No. i. before the English commissioners. the Regent Murray.] THE SCOTISH QUEEN. 285 tions ; in order to obtain an accurate view of the villainy of one party, and the injustice, which was, thereby, done to the other. If Sadler's extracts be what he, expressly, says they were, the very words, that were copied, by him, from the letter, that was privately laid before the English commissioners ; then, would this fact prove, that Murray, and his assessors, had in their box, the same forged letters, in various editions, all written, by the Queen's own hand, in different languages, to suit every emergency : In this state of the subject, Sadler's extracts, in the very words, are important ; as a new proof of the general forgery, and as a fresh evidence, that Murray, and his associates, had some forgery, or some falsehood, always at hand, for disgracing the Scotish Queen, by ca- lumniation, and supporting their own designs, by the basest means. Murray's associates, during their clandestine conference, constantly, affirmed, that those letters, and other docu- ments, were written, by the Queen's own hand ; and they offered to swear, and take their oaths thereupon : k And yet were they not authenti- cated, by any proof. Whatever Murray's asses- sors might say, and offered to swear, the letter . . __ > k See the Commissioners' letter to Elizabeth, in Goodall ii. 139-42. VOL. III. U 286 THE LIFE OF [MEM. V. Memoir of produced, and sonnets, were undoubtedly forge- ries. 1 The commissioners seem to have believed every thing, which was said to them, by the men, who had an interest, in falsehood, and wrote 1 The letter exhibited was No. i. in Goodall's series, which is here called " a horrible and long letter, of her own hand, " as they say." It was dated, from Glasgow, on the 24th of January 1566-7 : Now j the publick records of Scotland evince, that the Queen still remained, at Edin- burgh, on that day : And the Queen was then reconciled to her husband ; while Bothwell, to whom they were said to be addressed, was acting with those very men, as one of the King's murderers. In Mary's instructions to her commis- sioners, dated at Bolton, the 29th September 1568, she says : " In case they allege to have any writing of mine, whence they may infer presumption against me ; you shall desire the originals of such writings may be delivered, for my inspection : For, you shall affirm, in my name, I never wrote any thing, concerning such a matter to any one : And if any such writings be, they are false, and feigned, forged, and invented, by themselves, only to my slander : And there are divers in Scotland, both men, and women, that can counterfeit my hand-writing, and write in like manner of writing, which I use, as well as myself j and principally, such as are in company with themselves." [Secretary Mait- land.] [Goodall's App. No. 136.] But, as the [suppositi- tious letters of the Queen were not openly avowed as proofs, at York, though shown, privately, the above instruction was not produced, by her commissioners : Hence, the injury to the Scotish Queen, the villainy of Murray, and the baseness of Elizabeth's commissioners. the Regent Murray.] THE SCOTISH QUEEN. 287 every thing to Elizabeth, whether it were true, or false : Nor did they perceive, that they were acting contrary to their duty ; as their conduct was in opposition to their oaths. But, the present subservience of the Duke of Norfolk did not protect him, from subsequent prosecution, for his conduct, on that occasion. Serjeant Barham, when arguing Elizabeth's charge against the unfortunate Norfolk, insist- ed, that he had perjured himself; for he had taken a corporal oath, to deal indifferently, on that inquiry. 10 It required not, indeed, the decisive authority of the learned serjeant, to prove, that commissioners, taking such an oath, for the faithful performance of their trust ; yet, acting knavishly, were perjured : But, what shall we say of Elizabeth, who tempted, and impeached, like the foul jiend ? What shall we think of Murray, who was summoned to answer his Queen's charges, yet, often applied to his judges, for their opinions, if he had not proved her guilty of the crime, which he had himself committed ? The whole inquiry, at York, was a gross scene of abomination, for its partiality, and injustice ; n and ought to have m See Barbara's speech, in Sadler's State Papers, ii. 341-2. n It is an aggravation of that injustice, that some of the commissioners, perhaps, the whole, saw through the cloud 288 THE LIFE OF [MEM. V. Memoir of been a warning voice to the Scotish Queen, to close an inquiry, from which she could not expect any good, but receive infinite injury. From the representations of the Bishop of Ross, and Lord Boyd, who went to her, from York, to Bolton, she knew, " that Murray and " his party, had privily uttered to Elizabeth's commissioners, all that they were able to allege against her." She knew much more of the injurious, and disgraceful proceedings of the York inquiry. Here, the Scotish Queen, if she had been well advised ; had she been less credulous, and less buoyed up, by delusive hope, ought to have made her stand against any further inquiry ; unless Elizabeth would, fairly, communicate to her, every thing, and every document, which Murray, and his asso- ciates, had, secretly, communicated to the per- jured, Norfolk, Sussex, and Sadler, contrary to their duty, and character, in opposition to the genuine principles of a liberal inquiry. The Scotish Queen did not seem to see, that the real object of Elizabeth, and Cecil, obviously was, by advocating the proceedings, from York of forgery, which was raised, by artifice, before their eyes, that truth, and innocence, were with the Scotish Queen. See Sussex's letter to Cecil, 22nd October 1568, in Lodge, ii. 1-2. Knollys's letter to the Duke of Norfolk, 15th October 1568 Goodall, ii. 158.60. the Regent Murray.] THE SCOTISH QUEEN. 289 to London ; to convert the inquiry into a crimi- nal trial of Mary, for the murder of her husband, with Murray, for the prosecutor, and Cecil, for his assessor. Yet, did the unfortunate Queen, who was conscious of her own innocence, and deluded, by Elizabeth's dissimulation, rather rejoice, than object to that insidious measure. If, according to some of the Scotish historians, the unskilfulness of Mary's conduct, during this inquiry, be a proof of her guilt, she was, plainly, guilty. The only mitigation of this censure, seems to be, that she had to struggle against the baseness of Murray, and the for- geries of his partisan, the dissimulation of Eli- zabeth, and the artifices of Cecil, which con- verted every event, and every measure, to Mary's wrong, and calumniation. She had no other resource ; but to close an inquiry, which, from the villainy, that conducted it, must necessarily end in her disgrace : Her commis- sioners, seeing what had occurred, at York, ought to have declined to act, at Westminster, or indeed, at any place, where Elizabeth's dis- simulation, and Cecil's knavery, bore sway. Elizabeth, in pursuance of her plan, in carry- ing the inquiry, from York to Westminster, appointed new commissioners, with similar oaths ; in order, that France, and Spain, might have new proofs, how honourably Elizabeth 290 THE LIFE OF [MEM. V. Memoir of acted, and how fairly the Scotish Queen was treated. Cecil was one of the new commis- sioners of inquiry, who took the oath of impar- tiality, of fairness, of honesty : And, Cecil prescribed the modes of proceeding, during this renewed inquiry ; which consisted, in receiving papers, and documents, and proofs, not in the presence of the adverse party, but, in the ab- sence of that party. Nothing has been more reprobated, by the constitution of this country, than ex parte proceedings, or proceedings in the absence of the person, having an interest : For, such partial proceedings are in themselves unjust, and lead to every practice of wrong, and every deduction of injury. The very mode of inquiry inferred injustice, and iniquity. And, Cecil, by laying down that partial mode of proceeding, acted contrary to the oath of fair- ness, and impartiality, which he had just sworn: The clandestine proceedings, at York, were not more partial, and unjust, more insidious, and abominable, than the conduct of Cecil: If Norfolk was guilty of perjury, Cecil was much more guilty; as Norfolk acted under injunc- tion ; but Cecil was the director, with design, in his head, and malice, in his heart. At length, on the 26th of October 1568, Murray, and his associates, openly, charged the Scotish Queen, before Elizabeth's com mis- the Regent Murray] THE SCOTISH QUEEN. 291 sioners, with the murder of her husband. Cecil, and his coadjutors, by receiving this charge, from the very murderers themselves, against the innocent Queen, in her absence, and in the ab- sence of her commissioners, gave a practical example of the partiality, and wrong, of the in- justice, and abomination, of Cecil's guilty mode of proceeding against the object of his hate, and persecution : Had the Queen, or her agents, been present, they must have objected to this charge, as unfit, and extrajudicial ; because, the whole inquiry being voluntary, and the Scotish Queen having always protested against being tried, criminally, by Elizabeth : So Eli- zabeth could not empower her deputies to do what she had no power to do herself. By acting thus, without power, and of course having no jurisdiction to hear, and determine, a charge of murder against the Scotish Queen, they per- jured themselves still more, than the York com- missioners, by acting, without authority, and without candour. Thus it was, and must be, where servility, and dislike, wrong, and injus- tice, and such guilty passions were carried, beyond all bounds ; and were thus allowed to partialize The unstooping firmness of their upright souls." Elizabeth, who had, meanwhile, one eye on 292 THE LIFE OF [MEM. V. Memoir of France, and Spain, and the other on Mary, directed her Lord Keeper of the Great Seal, to reprove Murray, and his associates, for making that horrible charge ; p whereby, said the Lord Keeper to Murray, " if you should prove it " true, she should be infamous, to all princes " in the world." q Murray might have told the keeper of Elizabeth's conscience, that he had been urged, by Cecil, the keeper of the same Queen's secrets, to make this charge. Such were the effects of Elizabeth's duplicity, which admitted of no bounds. She wished to look fair in the eyes of France, and Spain, while she left to posterity a character of dissimulation most foul : Of her duplicity, and hard hearted- ness, of her jealous temper, and murderous PGoodall, ii. 231-3. * Goodall, ii. 228-9 : The reprimand of Murray was given, on the 6th of December 1568. As early as the 20th of Oc- tober preceding, Knollys, the warden of Mary, had written to Cecil : " All things considered, I see not how her ma- " jesty can, with honour, and safety, detain this Queen, ' unless she shall be utterly disgraced to the world; and the " contrary party be thoroughly maintained." Ib. 161. Mildmay, and Leicester, concurred in this advice. And Cecil acted upon it. Hence, the clandestine proceedings, at York, against Mary : And, hence this charge against her, at Westminster, which was plainly solicited by Cecil, to ' make her infamous to all the princes in the world." the Regent Murray.] THE SCOTISH QUEEN. 293 spirit, the state-papers of her reign are the pro- per vouchers. On the same spirit of disgracing the Scotish Queen, Murray, and his faction, constantly acted, for obtaining the dethrone- ment of their Queen, and giving her sceptre to the conspirator, who had always his head, and heart, and hand, upon it. From the 15th of June 1568, when Murray received a command, from Elizabeth, to come into England, to explain, and defend, his own proceedings, he employed his agents, Maitland, and Buchanan, to collect forgeries, for defend- ing himself, and charging her : By their dili- gence, he was enabled, to bring to York, not only a boxful of forgeries, but a cart-load of vitiated documents, and records. He opened his magazine of fraud, at York, though under some concealments of his ultimate object, while he was yet uncertain of Elizabeth's real designs. When he had transferred his fraudulent maga- zine to Westminster, he soon learned, from Cecil, that Elizabeth's design concurred with his own ; and Murray was thus induced to prefer his charge against the Scotish Queen, as the murderess of her husband/ Yet, when 1 Here is this famous charge : " It is certain ; and we have always affirmed, that as James Earl of Bothwell, was the chief executor of the unworthy murder perpetrated on the 294 THE LIFE OF [MEM. V. Memoir of the detail of this charge is considered, it will appear, that never was there such a charge, so illogically drawn ; so false, in its statements ; so delusive, in its concealments of the truth. Whatever those guilty men might say, or might swear, the State Papers of England, and the Statute Book of Scotland, demonstrate, that the Queen's husband was murdered, by a conspiracy of nobles, whereof Bothwell was the instrument, and Murray, the chief: Bothwell acted with Murray, and not with the Queen : And Murray was the persuader of Bothwell to act, with Morton, and Maitland, as his agents : So, it does not follow, that she was of the fore- knowledge of the crime, much less a persuader to the execution of the same crime : For it is an incontrovertible fact, that she was recon- ciled to her husband, during several weeks, before the crime was perpetrated, by Bothwell, person of the late King, Henry, the Queen's husband : So, was she of the foreknowledge, and persuader of the said murder to be done j and the maintainer of the doers thereof, by impeding the inquisition, and punishment, due for the same, according to law ; and consequently, by her marriage with the said James, Earl of Bothwell, after he was charged as the chief doer of the murder." [Goodall, ii. 206r7] It was signed by Murray, and by his associates, the Earl of Morton, Lord Lindsay, the Bishop of Orkney, the Commen- dator of Dumfermling. the Regent Murray.'] THE SCOTISH QUEEN. 295 Morton, and Maitland : But, they, moreover, charge the Queen with impeding the inquisi- tion of the crime, and preventing the punish- ment of the chief criminal, Bothwell. Yet, they forgot, that Bothwell was actually tried, by the Queen's order, on the 12th of April 1567, be- fore Argyle, the Justice-general, with a court, consisting of Murray's partisans ; that Morton, supported him on one hand, and Maitland, on the other ; so as to procure his acquittal ; while Lennox was afraid, or ashamed, to appear as his prosecutor: But, Morton, and Maitland, as the agents of Murray, went some steps further, in favour of Bothwell : They obtained, from se- veral peers, and prelates, a declaration of Both- well's innocence, and of his fitness, as a hus- band, for the Queen : Their charge, then, is not true, that the prosecution of Bothwell was im- peded, by the Queen. And there is another fact, which evinces, that Bothwell, before his marriage with the Queen, was protected, by Murray's faction : When the Queen surrendered herself at Carberry-hill to that faction, with Morton, at its head, they purposely allowed Bothwell to depart, from the field, when he was within their power. And she is charged with ob- structing justice, by marrying Bothwell, though he had been denounced, as the King's murderer. Morton, and Maitland, as Murray's agents, by 296 THE LIFE OF [MEM. V. Memoir of obtaining the acquittal of Bothwell, and the declaration of so many peers, and prelates, of his innocence, and fitness, for the Queen's hus- band, encouraged that audacious noble, to march out, at the head of a thousand horse, to arrest the Queen on the road to Edinburgh ; to carry her, forcibly, to his castle of Dunbar, and therein to coerce her, till she agreed to marry him.' The facts being thus stated, by Murray's Parliament, in which Morton pre- sided, as Chancellor, what guilt did she incur, or what could she know of the guilt of Both- well, as the murderer of her husband, or what obstruction could she give to the pursuits of justice against a noble, who was protected, by Murray's faction ? Such, then, is the answer, which may be submitted, to Murray's charge against Mary ; a charge, which can now be considered, as a mere tissue of misrepresenta- tion, and falsehood, of sophistry, and imperti- nence. Elizabeth's Commissioners thus acting, as we have seen, without jurisdiction, now hurried on, without regard to justice, or consideration of ' The act of Murray's Parliament in December 1567, for- feited Bothwell, not only for his murder of the King, but for treasonously seizing the Queen, on the highway, forcibly carrying her to Dunbar-castle j and forcibly obliging her to consent to marry him. Ada Parl. iii 5-8. the Regent Murray.'] THE SCOTISH QUEEN. 297 fitness : Before the Scotish Queen had declared, whether she admitted, or denied, the charge of Murray, the Commissioners went on to hear his proofs :' But, what fairness, what equity, what truth, could be obtained, by receiving proofs, in the absence of the party, who was to be affected by them ? In thus proceeding, what attention was there to the oaths, which the Commissio- ners had taken, that they would act fairly, and honestly, and godly ? The answer must be, that they brought themselves within the law, as laid * On the 9th of December 1567, the Earl of Morton was admitted to swear to a declaration, setting forth the manner how he came to obtain the boxfull of letters, sonnets, and other papers. [Goodall, ii. 23O.] This declaration seems not to be preserved. But, there appears no cause shown, why the person carrying this box, Dalgleish, was not examined, about it. Neither was it shown, why Sir James Balfour, who was said to have had the custody of this box, was not exa- mined, to account how he came into the possession of such a box. Murray, and his associates, now gave, in evi- dence, French copies of those supposititious letters, which those guilty men swore were the true original letters of the Scotish Queen. The box was now emptied of its contents, which were sworn, by those men, who were known falsifiers, to be all perfectly genuine. [Goodall, ii. 235-6.] The re- ceiving of such documents, illegitimate as they were, as evidence, in the absence of the Scotish Queen, and her Commissioners, is another exemplification of the partiality, and injustice, of that unjust, sophistical, and abominable, inquiry. 298 THE LIFE OF [MEM. V. Memoir of down by Serjeant Barham , that whoever takes an oath, to act fairly, yet acts foully, is guilty of perjury. The knavish conduct of Cecil brought him within the reprobation of that law : When Elizabeth made her Lord Keeper reprehend Murray, for bringing such a charge against his sovereign ; yet, allowed Secretary Cecil, to carry it into effect, by illegal practices, and illegitimate proofs, she only evinced, by her contradictory conduct, that her dissimulation, and envy, had absorbed every principle of rec- titude, in her heart, as a woman, and annihi- lated every maxim of justice, in her head, as a Queen. Murray, still suspecting, that his documents" did not convict the Scotish Queen of her hus- band's murder, though they effected Elizabeth's design of calumniating, and disgracing, the object of her malignity, had recourse to delibe- rate falsehood : He asserted, " That the estates of Scotland, finding her unworthy to reign, decreed her demission of the crown." The Queen was imprisoned, and dethroned, in June 1567, by Murray's agent, Morton, with six other u Whoever may wish, for critical and minute proofs of Murray's documents being palpable forgeries, must consult Goodall's Examination, 1754 ; Tytler's Inquiry, 1760-9O ; Whitaker's Vindication, 1789-90. the Regent Murray.'] THE SCOTISH QUEEN. 299 nobles, calling themselves the nobles. Murray's Parliament did not assemble till the subsequent December, who indemnified those nobles, for the basest acts of treachery, and violence, and legalized her demission of the crown, which, by her imprisonment, was invalid, and by the artifices, the tumult, and the terror of the means, employed, was a nullity, in the very act. When Murray had done all that forgery, and falsehood, could effect, he failed, in throwing the guilt of Darnley's murder, from himself, and his agents, on the innocent Queen : The consciousness of the guilt, continued in their own minds, and in the conviction of their countrymen, till that consciousness, and this conviction, in the progress, and disclosures of time, ended in the declared guilt, and publick punishment, of his chief associates. Elizabeth had meantime denuded herself of jurisdiction, by departing, from her original purpose ; and without authority, assuming the power, to hear a charge of murder against the Scotish Queen, by illegitimate means, she involved herself, in the guilt of illegality, and the disgrace of defa- mation. The injured Mary now desired to be admitted, personally, to this inquiry, to defend her own innocence, and to explain her own motives : But, Elizabeth, publickly, avowed, " that from the beginning the only reason, why 300 THE LIFE OF [MEM. V. Memoir of she was debarred from rny presence, was, merely, through the rumour, and slander, that she had been participant, in the murder of her husband.*" The same rumour, and slander, applied to the admittance of Murray, and Morton ; and some- thing more than rumour, that they had been guilty of murder, and assassination, of forgery, and falsification : Yet, did Elizabeth take them to her bosom ; as they were the instruments of her guilty passion ; while Elizabeth rejected the Scotish Queen, who as a woman was full as innocent, and accomplished as she ; as a prin- cess was as well born, and bred, as she ; and as a Queen had more dignity, and true spirit, than she: Whereupon, the Commissioners of the Scotish Queen declared, " that they would no ways proceed any further ; and protested, that whatever were done, hereafter, should not pre- judice their sovereign, in any sort : y " But, they came too late with their protestation, after their sovereign had been slandered, and disgraced, by eveiy mode of falsehood, and practice of perjury. The Scotish historians upon this pro- ceeding have remarked, that Mary seemed to shrink from the charge, as if conscious of guilt ; * Goodall, ii. 221, at Hampton Court, on the 4th of De- cember 1567, y Goodall, ii. 223. the Regent Murray.] THE SCOTISH QUEEN. 3OI and to recriminate from revenge, more than from ability, to prove the guilt of her adver- saries : But, such historians found it more easy to scribble, than to inquire : Their green eyes did not allow them to perceive, that Elizabeth's design, plainly was, to obtain materials of de- famation ; and their idle ignorance did not enable them to ascertain, that the State Papers of England, and the Statute Book of Scotland, contained demonstrations of Murray, and his partisans, being the guilty characters, who murdered the Scotish King, and merely endea- voured, by the basest means, to cast the guilt, and the disgrace, from themselves upon her ; while Elizabeth, and Cecil, knowing the truth, involved themselves in the criminality, and ignominy, of those atrocious men, whom they used, as the instruments, of their oppressive wrongs. Those historians, only, exhibited their own ignorance, which, invariably, infers some blame. Yet, Elizabeth continued her deceptive arti- fices : And, Mary was induced, to depart from her purpose of discontinuing the inquiry. Her Commissioners, by her direction, returned to 1 Mary knew, before she was driven from Scotland, that Morton, and Maitland were both guilty of that crime. Ib. 71. VOL. III. X 302 THE LIFE OF [MEM. V. Memoir of Hampton Court, on the 24th of December ; and avowed their purpose, to charge Murray, and his guilty associates, with the crime that was imput- ed, by them, to their mistress ; to defend her in. nocence ; and to repel the calumnies, which had been cast upon her : For these ends, they de- sired, to have the writings, which had been given in evidence against her, or copies thereof, to enable them to perform their serious pur- pose. Elizabeth now thought, or pretended to think, this request very reasonable, and rejoiced, with envious regret, that her good sister would, in that manner, defend her honour ; yet, her apprehensions of detection did not allow her to grant so reasonable a prayer, as the commu- nication of the papers, which had been unjustly admitted in proof against their mistress. The Bishop of Ross, and Lord Herries, now exhi- bited strong representations against Murray, and his criminal associates. 1 But, an attempt was, in consequence, made, by Elizabeth, and her Commissioners, to browbeat the Bishop of Ross, and Lord Herries, though in vain : b They Goodall, ii. 283-93- b 16. 307-8-9 : They were asked, if they, personally would charge Murray, and his associates, with the murder of the Scotish King > They answered, No : But, as the Scotish Queen's Commissioners, they would persevere in their charge. the Regent Murray.] THE SCOTISH QUEEN. 303 adhered to their instructed purpose. They again prayed for copies of their adversaries docu- ments ; a request, which Elizabeth continued to think very reasonable ; yet, was afraid, or ashamed, to grant. 6 Elizabeth now, with her usual subterfuges, wished rather to end this inquiry, which had given her materials of slan- der, by a compromise, which would protect her criminal instruments. The Scotish Queen, however, would not accept of any compromise ; declaring that she would resign her diadem only with her last breath. d And Elizabeth, seeing that her dissimulation was used in vain, put an end to this disgraceful proceeding. On the 12th of January 1568-9, Murray, with his as- sociates, came to Elizabeth's presence, and were allowed to depart into Scotland : The Queen giving him, under the name of loan, 5000/. as a reward, for his many materials of c Ib. 285-93-98. d Ib. 300-3. On the 25th of December 1568, the Scotish Queen's Commissioners declared, that she would answer Murray's charge, if Elizabeth would direct only copies of the proofs against their mistress. Ib. 281. The Queen's Commissioners continued, without success, to press this re- quest, till the 31st of January 1568-9. Ib. 333. Meanwhile, Elizabeth's ministers intercepted the proofs, which she was collecting against Murray : See Huntley, and Argyle's Pro- testation against Murray, and his shuffling answer. Ib. 317 21. 304 THE LIFE OF [MEM. V. Memoir of scandal against the sister, whose bounty had given him the Earldom of Murray, with a thousand benefits. 6 Thus ended this ignomi- nious inquiry ! At the end of January 1568-9, the Scotish Queen was ordered to be carried, from Bolton, to Tutburie, as a prisoner, who was, in Elizabeth's estimation, entitled to little favour : At the same time, Elizabeth never doubted her right, however doubtful in itself, of imprisoning the Scotish Queen, after she had wronged her, by every artifice of her nature. Murray now hastened, from Kingston, to inform his partisans, in Scotland, of his final success. " Yesternight," said he, " we had the Queen's majesty's answer, by her Council ; al- lowing our doings, with a promise to maintain the King's authority, and our regiment [regen- cy]." f Such were the sentiments, no doubt, of Cecil, though perhaps not of Elizabeth : But, such was the policy, which the Scotish Queen might, from her reception, in England, have expected from both, if she had not been in- fluenced much more, by credulity, than by experience. In this manner, then, was brought to a con- > " - ; e Rym. Feed. xv. 677. 1 Goodall, ii. 306. Murray's letter to Craigmillar, llth of Jan. 1568-9. the Regent Murray.] THE SCOTISH QUEEN. 305 elusion this famous inquiry, which, whatever might be its speciousness, was plainly intended, by every mode of artifice, to disgrace the Scotish Queen, in the eager eyes of the civilised world. 1 How much perjury was committed, at York, to calumniate the Scotish Queen, needs not be repeated. Similar scenes were acted, at West- minster, and Hampton-court, where, without jurisdiction, without the shadow of justice, or impartiality, the same Queen was charged, and convicted, without a hearing, of her husband's murder. h And, last, though not least, Eliza- beth, and Cecil, while they avowed to France, and Spain, the fairest intentions, acted the foulest practices, by soliciting Murray, and Morton, and their coadjutors, to swear to the genuineness of letters, and other papers, which they all knew to be feigned, and forged ; while of this abominable solicitation, we may say, of Elizabeth, in Shakespeare's language : " You set the crown Upon the head of this forgetful man ; And, for his sake, bear the detested blot, Of murderous subornation -." g See Cecil's correspondence in the Cabala, which is the voucher of his criminal duplicity. Goodall, ii., is the genuine record of the guilty proceed- ings of Elizabeth's Commissioners, and of Murray, and his associates', perjuries. 306 THE LIFE OF [MEM. V. Memoir of Murray, and his guilty associates, now hasten- ed, homeward, with the alacrity of persons, who had been tried for their lives, and were acquitted. He arrived, at Berwick, on the 30th of January 1568-9 : And, as he owed everything to Cecil's protection, he immediately wrote him, that on his way, he had inquired into the present disposition of the King's mother; and found her, in her conceit, nothing dejected, nor destitute of friends ; adding that, " there never was greater occasion, to be careful of her security : And, if the Lords Boyd, and Herries, and the Bishop of Ross, could be stayed, for a season, it would do great good." 1 Such were Murray's malignity, and fears, even amidst his triumphant arrival, on the Tweed, and his am- bitious hopes of a quiet reign. He arrived, at Edinburgh, on the 2d of Fe- bruary 1568-9 ; having remained, in England, since the 21st of September 1568. He found Scotland far from tranquil, whatever he could write, or Elizabeth proclaim. Rumour had preceded him, that he had sacrificed the inde- pence of his country to his own ambition : And, it was reported, that he had solicited the conti- nuance of the Queen's imprisonment, and had agreed, to surrender the King to Elizabeth's 1 Ib. ii. 332. the Regent Murray.'} THE SCOTISH QUEEN. SO? tuition, which' was only another name, for the subjection of an ancient kingdom to an auld enemy. Hearing of such disquieting reports, Eli- zabeth issued a proclamation : assuring her good neighbours of Scotland, with her happiest dis- simulation, " that in the cause, betwixt the said Queen and her son, [Murray,] there hath lacked no good meaning, nor yet doth, to have the same well ended, with quietness to the whole nation of Scotland, and without any prejudice, to the crown of Scotland, or the dignity thereof." 11 If this were true, why imprison the Scotish Queen, without right, and without pretence, other than the personal hate of a guilty heart ? But, thus it is to be in the habit of artifice, and in the practice of knavery ! The wretched people of this degraded nation were now preparing, for civil war. Murray, however, a few days after his arrival, repaired to Stirling, where he laid his guilty proceedings, in England, before a convention of his nobles, who ratified all, with their usual servility. The Duke of Chattelherault, who had been long expatriated for his attachment to Murray, returned to Scotland, on the 22d of February 1569 ; bringing with him a commission, from k This insidious proclamation may be seen in Goodall, ii. 328. 308 THE LIFE OF [MEM. V. Memoir of the Queen, as Lord Deputy, which he caused to be published, with a command to the Scotish people, That they would obey no other au- thority, than his legitimate power. But, Mur- ray was not a statesman, that would be terrified, by such appearances of opposition. Having the sword of Viceroy in his hand, which he knew how to wield, and the habits of villany, that he was in the practice of using ; he com- manded the King's people to meet him, in arms, on the 1 Oth of March, at Glasgow. These pre- parations, for warfare, were, however, put an end to, by a sort of treaty, which stipulated, for a meeting of certain nobles, at Edinburgh, on the 10th of April 1569. 1 This meeting con- cluded, as might have been foreseen, from the character of Murray, by sending the Duke, and Lord Herries, as prisoners, to Edinburgh-cas- tle. Argyle, and Huntley, who had, also, taken arms, for the Queen, were soon induced to submit, with some loss of influence, which could not be easily maintained, while there ex- isted, on the one side, interestedness, and dis- traction ; on the other, vigour, and subtilty. Before the end of April 1569, the Regent saw no one, in Scotland, to dispute his power, how- 1 Hist, of K. James, vi. 58. m Hist, of K. James, 65 ; Spottiswoode, 218 9. the Regent Murray.'] THE SCOTISH QUEEN. 309 soever obtained, by force, or maintained, by fraudulence. Meantime, the intrigue, which Maitland, and Murray had begun with the Duke of Norfolk, at York, for marrying the Scotish Queen, and which he renewed, at Hampton-court, was early suspected, by Cecil. Murray was re- quired, by the English minister, to reveal what he knew of this obscure transaction : Fearing Elizabeth's hate, more than shame, Murray basely betrayed the Duke to his offended so- vereign ; delivered his letters into her hands ; and endeavoured, by artifice, as well as threats, to induce Maitland, to act with equal baseness, and the same breach of trust, though without success. The simultaneous intrigue, which was opened, in Scotland, by Lord Boyd, in June 1569, for obtaining a dissolution of Mary's marriage with Both well, and other objects, could not be obtained, from the Regent's coun- cils, while Elizabeth's duplicity was known, and Cecil's arts were felt. Norfolk was im- prisoned, for his imprudent passion. The Earls of Northumberland, and Westmoreland, seem to have been little influenced, by his fate : And running out into rebellion, they were easily driven into Scotland, wheie, falling into the Regent's hands, they were not safe. Had the rebels of Scotland, during this reign, the Mur- 310 THE LIFE OF [MEM. V. Memoir of rays, the Mortons, and their guilty associates, been, equally, delivered to criminal justice, the Scotish Queen had not been at that period a captive, and the Scotish people had not felt, at the same time, the direful effects of civil dis- cord. Elizabeth, exulting at her success, began to consider the Scotish Queen, as the hidden cause of all her disquiet : And, without suspecting her own jealousy, or Cecil's management, to be any of the real causes of her uneasiness, she adopted the disgraceful purpose of surrender- ing the captive Queen to the Regent Murray, on such conditions, as had suited the malig- nant designs of both. The vigilance of the Bishop of Ross, having discovered this intrigue, opposed it ; which the ambassadors of France, and Spain, represented, as an action, infamous in itself, and dangerous to her own safety i" These representations interposed some delibe- ration, which saved Elizabeth, as well as Mur- ray, from an additional stigma, in delivering a relation, and a Queen, into the polluted hands of unprincipled ruffians. The Regent Murray now found leisure, in May 1569, to punish some priests, by pillory, for saying mass, who had been condemned to n Robertson's Hitt. i. 530 : Carte, iii. 49J. the Regent Murray.'] THE SCOTISH QUEEN. 311 death ; and proceeding from Stirling to St. Andrews, he burnt a sorceress, called Nicne- ven ; and hanged Sir William Stewart, the lion- King, for divers points of witchcraft, and ne- cromancie ; but whose real crime consisted, in thinking the Queen more innocent of the death of Darnley, than Murray himself; and at the same time, the Regent hanged French Paris, for whatever crime, though not till the more guilty Murray, by means of Buchanan, and Wood, had forged, for him, two declarations ; the one criminating Bothwell, and the other, denouncing the Queen. Of a similar sort of villany was the accusation, about that time, against Secretary Maitland, for the King's Hist. of. K. James VI. 65-6. The original declaration of Paris against the Queen, which remains in the Paper Office, demonstrates, that declaration to have been drawn up, by Buchanan, and Wood, in Murray's castle, and to have been transcribed, by Murray's secretary. In October 1569, Murray transmitted to Cecil, that declaration, " if further proof should be required." [Goodall, ii. 88.] This shows what sort of documents Murray regarded, as proof: But Cecil seeing, from the declaration itself, that the world would consider Buchanan, and Wood, as the forgers of it, under Murray's eye, desired Murray to send him a certified copy of it. This certified copy was sent, in consequence of that desire. And we now see Cecil, and Murray, concur- ring, in this fraudulent act of manifest forgery, for the delu- sion of a confiding world. 312 THE LIFE OF [MEM. V. Memoir of murder, by Crawfurd, a servant of Lennox, though the charge was made, in concert with Murray, and Morton, who both knew his guilt; as they were themselves guilty : He was com- mitted to Edinburgh-castle ; and a day was avowedly appointed, for his formal trial : p But, when the day of trial approached, saith Spottis- woode, so many were preparing to keep the day, that the Regent, disliking such convoca- tions, and disdaining to have justice outbrag- ged, prorogued the convention for four months.* 1 Murray, Morton, and Maitland, as we have clearly seen, were all equally guilty of the King's murder ; and to have tried, in a publick court, the most able, the most artful, and the most eloquent man, in Scotland, would have disclosed such scenes of villany, and of trea- son, as would have confounded Murray, and Morton, and astonished a deluded people : The object seems only to have been, as Maitland no longer co-operated, with his guilty coadjutors, to imprison, and disgrace him/ He was after- P Hist. ofK. James VI. 69-70. > Hist. 23<2-3. ' And even that object seems not to have been obtained : For, in the draught of a letter dated in July 1570, in Ce- cil's hand, from Elizabeth to Lennox, the Regent of Scot- land, in the Paper Office, it is said : " And, Maitland, there- by, appeareth to have gotten such credit among the adverse the Regent Murray.] THE SCOTISH QUEEN. 313 wards, attainted, by Parliament, for the mur- der of Darnley, as we have perceived, and died, of poison, from whatever hand. Soon after those hypocritical, and guilty scenes, Murray dispatched the Commendator of Dumfermlin to the English court, with in- structions, which show, with strong conviction, how coolly Murray could write falsehood, how deliberately he could regard forgeries, as proofs, how confidently he could trust, for his support, to the duplicity of Elizabeth, and the villany of Cecil/ But, the time was now at hand, when such shifts could no longer support a statesman, whose whole life was a tissue of subtilties, and subterfuges, of falsehoods, and forgeries, of rapacious ness, and corruption, of ambitious aims, and rebellious efforts : The Regent Murray was doomed to sustain a vio- lent death, by an injured hand : As the Regent rode through the streets of Linlithgow, he was slain, by the vengeful shot of the injured Ha- milton, on the 23d of January 1569-70.' party, that he holdeth the bridle, in his hand, to stay, or hasten them forward." * See those instructions in Goodall, ii. 84-8. * Cabala, 16O ; Murdin, 769 ; Spottiswoode, 234; Hist, of K. James VI. 75. At the same time, were with the Regent, says Cecil, Sir Henry Gates, and the Marshal of Berwick, 314 THE LIFE OF [MEM. V. Memoir of The deluded partisans of this unprincipled statesman, declared, by a monumental inscrip- tion, that he was the very best man of this moral age, in the annals of Scotland. But, " 'Tis phrase absurd, to call a villain good j Who, wickedly is wise, or madly brave, Is but the more a fool, the more a knave." By his wife Agnes, Murray left two daugh- ters, Margaret, and Mary : The first married Sir James Steuart of Down, who enjoyed with her the Earldom of Murray, under a defective title: Mary married Francis Earl of Errol. Murray's widow married Sir Colin Campbell, who became Earl of Argyle, in 1574, on the death of his elder brother, without issue ; and carried with her many of the Queen's jewels, which the Regent Morton compelled her to restore." The widow, and children of Murray, were left by him, in distressed circumstances, owing to the vast debts, which he had contract- ed both at home, and abroad, in pursuit of his objects: He had acquired, as we have seen, large estates ; but, his guilty expenditure upon his numerous partisans, for supporting an over- Drury, for demanding, in the Queen's name, the Earl of Northumberland, and others. Ada Parl. 86. But see flic Aj>]>. to this Memoir, No. IX. the Regent Murray. -\ THE SCOTISH QUEEN. 315 powering faction, had exhausted his revenues. He was relieved, as we know, from the records/ by the King and Queen, not more than ten days, before the death of Darn ley, while they were both condemned, however, the one to the bowstring, the other, to deprivation, and death. The widow, and children, applied to the Par- liament of 1574, forpublick relief: And, it was referred to the Chancellor, to consider their case ; as it was not fit, said his partisans, that the widow, and children, of the late Regent should be wrecked. 7 Such, then, was the wretched end of the mighty ambition of Mur- ray, which, like the ocean, " Did swell, and rage, and foam, To be exalted with the threat'ning clouds." In that disputatious age, there was not any statesman, whose character was drawn, with such opposite colours, as that of Murray, says Robertson: The best delineation of Murray may be found, in an abstract of his life. From his boyish days, Murray was surrounded, by partisans ; as we know, from the records : And he spent almost the whole of his revenues, x On the 31st of January 1566-?. Privy Seal. Reg xxvi. fol. 1. ' Acta Part. Hi. 56 ; But, see the App. to this Memoir, No. IX. 316 THE LIFE OF [MEM. V. Memoir of great as they were, in attaching to his person, and fortunes, the ablest men, whether as scho- lars, statesmen, or soldiers: He thus became a patron of learning, and a man of liberality, according to Robertson, while Murray was, merely, drawing to him, by gratuities, a num- ber of adherents, who formed the ladder, on which, he early raised himself, to the head of a numerous, and determined party. As soon as 1552, when he was not yet one-and-twenty, he had become the chief of all those, who were given to change, during an age of innovation. As he thus appeared to intelligent eyes, at the head of many men, he became himself the ob- ject of purchase, that he might influence others : So that his revenues increased, as his partisans became more numerous : And, he thus traffick- ed with the Regent-queen : he promoted her views, in Scotland, while she obtained for him his objects, in France, a bishoprick, and an abbey, till he became too large, for her hand- ling: This is what Robertson calls a disinte- rested passion, for the liberty of his country, in opposing her pernicious system. During the four years, ending with 1560, he was the chief of those, who by artifices, and arms, overturned the Scotish government, on the pretence of re- forming the religious establishment, with a constant eye on the sceptre, as the.emblem of the Regent Murray. .] THE SCOTISH QUEEN. 317 power. The Queen heard of the aims of her bastard brother, by all those means, at her crown : Yet, she did not carry her measures of prevention, beyond an epistle of reproof. Eli- zabeth received the same notice of the bastard's aims ; but, she heard this information, with less emotion, than encouragement. What was thought very likely, by the acutest men of that age, was deemed, by Robertson, in this, to be very improbable, while the bastard enjoyed the thing, in fact, though not the name. It was to continue this possession, that he advised the English government, to intercept the Queen's return into her own kingdom. Another trait of character, which influenced this personage, through life, began early to dis- cover itself, and continued to influence him, throughout his career. He adopted it, as a practical maxim, to regard the end more than the means. When he was scarcely nineteen, he entered into a contract of spousals, with the Countess of Buchan, whom he tricked out of her estates, and her marriage." He began early, with Knox's concurrence, to make po- litical advantages of forged letters, rather than true ; as we know from the State Papers.* He acted, in concurrence, with Secretary Cecil, in * See the App. No. 5. * Sadler. VOL. III. Y 318 THE LIFE OF [MEM. V. Memoir of imposing upon three kingdoms the falsified treaty of Edinburgh, instead of the genuine do- cument : Upon this principle, also, he adopted the monstrous imposture, of attributing to the Queen, his sister, and sovereign, forged letters, forged sonnets, forged contracts of marriage, which Morton, and Maitland, had begun, for criminating, for defaming, and dethroning her ; in order to justify their own misdeeds : He went one step further; he not only adopted those forgeries, but he solemnly swore, that they were genuine documents ; an aggravation this, which was peculiar to Murray, and his guilty associates : So openly did he practice fraudulence, that we have taken him, in the very act, of forging Paris' s Declarations : He, indeed, made use of Buchanan, and Wood, as his agents, on that occasion ; but, he sent those fabrications to Secretary Cecil, as proof against his sovereign ; and Cecil concurred with Mur- ray, in imposing this gross fraud upon the con- fiding world. When the Queen returned to her kingdom, and had resumed her government, she appointed this personage her minion, with so much power, as to leave her little but the name of Queen. The whole officers of state were, merely, his adherents, and not her servants. The manner, in which he obtained the grant, and possession the Regent Murray.-] THE SCOTISH QUEEN. 319 of the earldom of Murray, notwithstanding Huntley's rights, was at once fraudulent, and tyrannous ; and by carrying the Queen, with him, into the north, to aid her minion, in that transaction, he involved his sovereign, in the disgrace of his own fraudulence, and illegali- ties. Yet, did he oppose the Queen's marriage, with Darnley, even to the extent of rebellion, as he wished to sin with Elizabeth, rather than to sacrifice to Mary. For his restoration to his country, he entered into the most dange- rous plot, with Darnley, and his father, Len- nox, for the assassination of Rizzio, in the Queen's presence, to the imminent risque of the Queen's person ; thus committing by his agents, Morton, and Maitland, a mingled act of mur- der, and treason, of the most atrocious na- ture. Yet, historians inquire, whether Murray was capable of entering into a conspiracy against Darnley's life, and the Queen's sceptre ? While Murray's whole life consisted of plots, of privy conspiracy, and open rebellion, what evidence does it require, to trace him into a concert, which had two objects, for his gratification ; Darnley's death, and the Queen's dethrone- ment ? Yet, must it be remembered, that such was the state of Scotland, in that period, and such the overpowering strength of Murray's StO THE LIFE OF [MEM. V. Memoir of faction, as it comprehended the officers of state, that such a plot could not have existed, without Murray's knowledge : Neither could Secretary Maitland have engaged, in such a conspiracy, without Murray's assent, who was plainly Viceroy of Scotland, with more consi- deration, than the Queen herself enjoyed. Murray, and his faction, were at constant en- mity with Bothwell, who was deemed, on the formation of their multifarious plot, the pro- perest person, to be pushed forward, in so ne- farious a task, as Darnley's murder, both as the cafs-paw, and the scape -goat. In the meanwhile, Bothwell was regarded, by shallow observers, as a courtier of consequence, while he was, merely, a conspirator, with Murray, who lent his instrument that unreal importance, the while, which disappeared, the moment, when he was cast off, though he was the Queen's husband. The facts, as they arose, in the pro- gress of the conspiracy, are the best proofs of the several events, as they, successively, oc- curred. Darnley was murdered, on the 10th of Fe- bruary 1566-7. And the question will always recur, By whom was he assassinated r The State Papers, and the Statute Book, are the beet evidences of that fact : Of them we learn, that Darnley was murdered, by a concert of the Regent Murray.'] THE SCOTISH QUEEN. 391 nobles ; by Bothwell, and Morton, and Mait- land, as Murray's agents : Murray was the chief complotter, from its commencement ; and the principal gainer, from its conclusion. But, the circumspection of Murray's artifices did not allow him to remain, in Scotland, to see the denouement of this tragedy. He de- parted, from Edinburgh, on the 9th of April 1567, three days before the trial of Both well, for Paris, through London ; and he communi- cated to Cecil the whole detail of the conspiracy, which was yet to be executed ; namely, the acquittal of Bothwell, when tried, for the mur- der of Darnley ; the marrying of him to the Queen ; in order to connect her with the mur- der, however innocent ; the expulsion of Both- well, and the dethronement of the Queen ; the proclamation of the King, and the appointment of Murray, as regent : And, Cecil thus learn- ing all this, from Murray, took steps, for send- ing Elizabeth's Lieutenant, Bedford, to Ber- wick ; to countenance the lords ; as we know, from Bedford's letter, in the Paper Office. It is apparent, then, that Murray had concerted the whole of that detail with Morton, and Mait- land, before his departure from Edinburgh. There are letters, in the Paper Office, from Maitland to Cecil, asking for money, to support this fresh insurrection. It is a known fact, 322 THE LIFE OF [MEM. V. Memoir of that Morton, and the insurgents, in Scotland, corresponded with Murray, in France, and that Cecil acted, as the agent, between thern. b Every thing was transacted, in Scotland, ac- cording to the detail, which had been agreed upon, with Morton, and Maitland, in the pre- vious concert, with Murray, and communicated, by him, to Cecil. It is apparent, then, that the Scotish Queen was dethroned, by the co- operation of Elizabeth's government. With the aid of Cecil's artifices, and money, Murray was enabled to return to Edinburgh, in August 1567. He found the Queen, in prison; her infant son, on her throne ; and himself, the declared Regent. Murray now gathered up what of the conspiracy, and insurrection, yet remained, to be executed. What had hitherto been done was, by artifices, and violence : It still remained, to justify the doers, and to le- galize so many crimes, and so much illegality. Murray, who had now received the govern- ment, from his own agents, which had dethro- ned the legitimate sovereign, called a Parlia- mentary meeting, on the 15th of December 1567. When the insurgents, who acted, under Mur- * See the Cabala, which is the record of his guilty inter- course. the Regent Murray.] THE SCOTISH QUEEN. 323 ray's influence, and Morton's guide, imprisoned the Queen, they had nothing to charge her with. Yes ; she had married Both well, who had, by their management, been declared inno- cent of the King's murder ; who had been recom- mended to her, by themselves, as the fittest husband: And, Both well, encouraged, by those measures, seized the Queen, carried her to his castle, and, by coercion, made her consent to marry him. But, such facts do not warrant the conclusion, which Murray, and his insurgents, drew from them, that she must have known, previously, of Bothwell's intention, to murder her husband; Those facts, as they are vouched, by the act of parliament, forfeiting Bothwell, establish her innocence : Though this marriage answered the odious purpose of detraction ; yet, the weakness of it was felt, when the facts were, minutely, examined, even before Murray's arrival from France. To strengthen that weakness, forgery was called in : And then appeared a box-full of the Queen's letters to Bothwell, sonnets, and promises of marriage, under the guilty assertion of the notorious Mor- ton. Murray entered into this measure of cri- mination, by forgery, with all the ease of long- habit. He began, early, to practise fraudu- lence ; and he closed his career of fraud, by causing Paris's declaration to be forged, within 324 THE LIFE OF [MEM. V. Memoir of his own castle, by his own agents, and by send- ing it to Cecil, as proof. Yet, the box of letters was not opened, in Scotland, either before the Privy Council, or in the Parliament ; in which some eyes might have seen secrets ; and, according to Robertson, France, and Spain, might have been too much enlightened, by such disclosures. But, baser scenes were still to be acted, by those great masters of the profoundest fraud. With Murray at their head, Morton, on their right, and Maitland, on their left, they were to attribute to the Queen the King's murder, which they had themselves committed: The State Papers, and the Statute Book, demon- strate, that Murray's faction murdered Darn- ley: But, how do Murray, and his faction, disprove that demonstration; and evince, that the Queen knew any thing of that crime, before it was committed ? She married, by artifice, and coercion, Bothwell, one of the murderers, as an agent of Murray : But, the act of Both- well's forfeiture refutes Murray s inference. She wrote letters, from Glasgow, to Bothwell, who was then busy, in preparing, for Darnley's mur- der : But, the Queen was then, at Edinburgh, and she was then reconciled to her husband. In the justification, which Murray thus sought, for his friends, and in the charge, that he wished the Regent Murray.-] THE SCOTISH QUEEN. 325 to establish against theQueen, he, equally, failed in both ; because he had no proof, to repel the improbability ; arising from the Queen's recon- cilement with her husband ; and still less was he able, by any evidence, to refute the impos- sibility of the Queen's writing a long letter, from Glasgow, while the publick records esta- blish her alibi, at Edinburgh, where she then was. During the following inquiry, in England, Murray was doomed to sustain a double mea- sure of guilt ; as he attempted, to cast his own guilt upon his sovereign, and sister, before a foreign Queen, though he knew her to be inno- cent. At York, before Elizabeth's commis- sioners, Murray took an oath, to act fairly, and, immediately, acted foully ; so that he here in- curred the guilt of perjury. When this dis- graceful inquiry was advocated, by Elizabeth, to Westminster, Murray presented a formal ac- cusation against his sister, and sovereign, for the murder of her husband, though he knew the charge to be unfounded. This charge, which he had basely made, three times before, was nothing more, as we have seen, than a coun- terfeited tissue of misrepresentation, falsehood, and impertinence. Such, then, was the accu- sation of Murray against his sister, and sove- reign: a conduct this, which Robertson de- 326 THE LIFE OF [MEM. V. Memoir of clared to be unbrotherly, and ungrateful; a crimination, that, the historian might have said, was as atrocious, as it was unfounded, since the plotter, plainly, was himself obnoxious to the same charge. In addition to such -a collection of gross mis- representations,, deliberate falsehoods, and in- consequential reasonings, Murray gave in to Elizabeth's commissioners various forgeries of letters, sonnets, promises of marriage, and a journal, with some records, which had been vitiated, by abstraction, and addition. Murray swore to the genuineness of the letters, which he knew to be false ; thus adding to the crime of forgery, the offence of perjury : Worthy proofs these of such a charge, from such a man. The calumniation of the Scotish Queen, which was by those means very effectually performed, for Elizabeth's policy, she purchased, by a donation to Murray of five thousand pounds, sterling money, under the pretence of loan. She dismissed him, at length, with his asso- ciates, to Scotland, assuring him of the safe custody of the Scotish Queen, and of the sup- port of his own government. This depend- ence, under which he brought Scotland, was disgraceful to the nation, says Robertson ; and, he might have added, injurious, in a high de- gree. Murray had, scarcely, returned to Scot- the Regent Murray.] THE SCOTISH QUEEN. 327 land, when he was called upon, by Elizabeth, to betray Norfolk, whom he had deceived, with a baseness, says Robertson, unworthy of a man of honour, if such a motive existed, in that age, amongst a debased nobility. Personal bravery, military skill, sagacity, and vigour in civil affairs, are virtues, which Murray may be al- lowed to have possessed, among a people, whom he had let down, by the subserviency of his own ambition : Yet, in the conduct of the Queen's government, Murray was unfeeling, and resentful, violent, and tyrannical ; as we know, from his conduct on the borders, and from the ruin of Huntley's family. It is to be regretted, that he was taken off, prematurely, by a stroke of private vengeance ; as it had been an affair of great importance, had he re- mained to have closed his guilty career, by the sword of publick justice ; as he must be allow- ed, to have been one, of the most consum- mate criminals, during an age of miscreancy; when it is recollected, that Murray, and his faction, after murdering the King, endeavour- ed, as much as in them lay, to cast the shocking guilt of that terrible deed, from themselves, upon the innocent Queen, their beneficent sovereign. Bothwell, the instrument of Murray, in the commission of that odious deed, as well as for the treasonous violence, offered, by him, to the 328 THE LIFE OF [MEM. V. Memoir of Queen's person, was forfeited, by Murray's Parliament, after being allowed to expatriate himself, without molestation. Secretary Mait- land, another of Murray's agents, whose whole life was a continued act of treachery, and false- hood, of fraudulence, and forgery, was, again, and again, attainted by Parliament, for the murder of Darnley, and died by poison. The Earl of Morton, the most powerful of Murray's agents, and the most guilty of his partisans, died on the block of shame, the conviction of his guilt being recognised, and, also, confirmed, by Parliament. Such crimes had never been committed, in Scotland, under Mary, if a sove- reign had not then ruled a neighbouring king- dom, who was as base, as criminal, and as guilty, as her Scotish agents, undoubtedly., were. the Regent Murray.] THE SCOTISH QUEEN. 329 SUBSIDIARY DOCUMENTS. No. I. Of the Projects of the English Government, Jbr the subduction of Scotland, under Henry VIII. , Ed- ward VI., and Elizabeth. 1 H E duplicity, and overbearing of Henry VIII., in his intercourse with his nephew, James V., need not be in- sisted on ; as they are, sufficiently, apparent, in the State Papers of both kingdoms. At the memorable epochs of the demise of James V., and the birth of Mary, in December 1542, the odious designs of Henry VIII. become more avowed, though not less profligate, and artful. His great object, plainly, appeared to be the subjection of Scotland, by whatever means : c To effect this, his first purpose, appears to have been, to obtain possession of the infant Queen, Cardinal Beaton, and Arran, the Governor : His second aim was to acquire the principal fortalices of Scotland. Nor, did c In 1 542, he published " A declaration, concerning the just causes, and considerations of this present warre with the Scottis : Wherein also appearth the true, and right title, that the king's majesty hath to the sovereigntie of Scotland." In the inquiry, at York, 1568, Elizabeth tried to induce the Commissioners, and other Scotish statesmen, to acknowledge the sovereignty of England over Scotland j but, without success. 330 THE LIFE OF [MEM. V. Memoir of he want the means, if his management had been equal to his artifice. He entered into the most unprincipled engagements with those expatriated traitors, the Earl of Angus, and his brother, Sir George Douglas, who re- ceived regular pay, from Henry, for maintaining 200 men, who were constantly about them, with design, to seize the important person of Cardinal Beaton; but, they were constantly foiled, by the management of that able man. The prisoners, whom he had obtained, at the disgraceful rout of Solway-moss, by the corruption of his agents, more than by the valour of his troops, he engaged, in his service, as if he had been already sove- reign of Scotland : He even appointed the Earl of Glen- cairn, one of the corruptest of mankind, to be Chancellor, and James Drummond, the Secretary." 1 The next object of Henry's corruptions was the Queen- mother. He gave instructions, to practise with the Queen-dowager, for acquiring possession of the infant Queen, her daughter : And, to gain, by any means, pos- session of the Cardinal; " because," said Henry, " he will work to his possible power, to overthrow all the purposes of our friends." The king, " whose foul subor- nation was predominant," intimated his displeasure, that Arran should have been appointed regent ; and yet, art- fully, endeavoured, to gain him to his corrupt purposes. But, the person of the infant sovereign was the principal object of all his aims, and artifices. The Bishop of Durham, and his other agents, wrote to the Privy Council, d The most authentick account of those abominable mea- sures, during December 1542, and January, and February 1 542-3, are in the Hamilton State Papers, vol. ir. the Regent Murray. ,] THE SCOTISH QUEEN. 331 about an offer, which was said to be made, by the Laird of Buccleugh, for delivering the minor Queen into the English power, " though it seemed to them an unlikely matter ; and as they thought, a measure, not standing with the king's honour, to practise it, in such sort ; yet had they given order to Sir Thomas Wharton, to do the best he could, in the same." There is another letter re- maining, from the Duke of Suffolk to Sir Thomas Wharton ; desiring him to confer with the Laird of Buc- cleugh upon that subject ; " although the duke thought him, to be a very mean man, to have the managing of so great a matter ," e The next object of this capricious sovereign was, to acquire possession of the strengths of Scotland, by any means. He prepared a force, to overawe the Cardinal, and his party ; and he offered any assistance to Arran, the Governor ; to whom, he directed, that it might be intimated, that if they should take away the young Queen, and should marry her against his consent, that he would, by force of his title, and superiority, make the Governor king of that part of Scotland, lying northward of the Forth. The Governor, however, declined the aid of an English army ; assigning, as a reason, what shows how many enemies Henry's overbearing had produced, " that if Arran, and his party, should bring in the English, all their own followers, would go over to the other ide :" And, he declined, also, the offer of being made King of Scotland, beyond the Forth ; saying " that all his lands, and livings, lay on this side the Frith, e Id. in March, April, and May 1543, six months, after Mary's birth. 332 THE LIFE OF [MEM. V. Memoir of which he wished not to exchange, for any thing beyond it." In August 1543, Henry agreed, to send 8000J. to the Governor, if he would deliver him the strengths on the south of the Frith ; or put the young Queen into his hands : But, this corrupt offer of an unprincipled prince was not made to the Governor, by the English agent ; as the Governor did not press for money ; as he could not perform, the condition on his part ; the young Queen being in such custody, as he could not acquire her person. It appears, from a bond of manrent entered into, between the Governor, and the Master of Eglinton, in 1545, <{ that the young Queen, when she came of age, should marry her near kinsman, the Earl of Arran, lest by matching with England, the crown might pass to the auld enemy"** In the midst of all those intrigues of ambitious folly, Henry's vanity, as an author, induced him to ask, how the Scots liked his books on religion ; and if the Governor desired to have any more of them. To such questions, Sadler, with all his subservience to so impa- tient a master, made answer, " Surely, to signify the plain truth, I see not thai the same is much liked, by any party, in Scotland ; nor yet, that the Governor desireth to have any more of them." f In the meantime, the imprudence of Henry, in seizing the Scotish ships, in the English harbours, contrary to the late treaty, enraged the people of Scotland : The citizens of Edinburgh were, particularly, provoked ; and threat- ened to fire the lodging of the English Envoy ; and they were incensed against the Governor, for consenting to * Hamilton Papers. f Hamilton Archives, vol. v. and vi. in June to August 1543. the Regent Murray.] THE SCOTISH QUEEN. 333 such a treaty ; saying " that he had coloured a peace with England, only, to undo them." Yet, Henry seems, by his books, and his example, to have converted the Regent, Arran, to his own principles, and violent practice ; The English agent wrote, from Scotland, on the 4th of September 1543, " that the work of reformation had begun, at Dundee, by destroying the houses of the Black, and Gray Friars ; and that after- wards the Abbey of Lindores, had been sacked, by a company of good Christians, who turned the monks out of doors : And that afterwards, a similar attempt had been made on the Black Friars, at Edinburgh, by the Captains of foot soldiers, and their retinue, who were in the pay of the Governor, while he was absent; but, that the inhabitants, both men, and women, assembled in de- fence of the Friars, and drove the captains, and their soldiers, out of the town : And surely, my lords," adds the English Agent, " I never saw people so wild, and in such a fury, as they be here even now.*' We at length see, that it was time the Governor, and Cardinal, should un- derstand one another : They met, at Falkirk, on the 4th of September ; and went together to Stirling, where they were met by Lennox, Huntley, Argyle, and Bothwell, [Earl Patrick ;] and had concluded, to crown the Queen upon Sunday then next; and the Governor had declared to them, what the English king required, touching the suppression of divers Abbeys ; and he, moreover, acknow- ledged, that the Friars of Dundee were sacked, by his consent, for which, he had, on Saturday, done open penance, in the Friar-house, at Stirling ; and having then taken an oath to defend the monks, heard mass, and re- VOL. in. z 3S4 THE LIFE OF [M E M. V. Memoir of ceived the Sacrament ; and he was thereupon absolved, by the Cardinal, and Bishops. In the midst of those disgrace- ful scenes, the Earl of Angus, Sir George Douglas, the Earl of Glencairn, and other personages of their prin- ciples, received the wages of corruption from Henry VIII . without daring to attempt the performance of the trea- sonous task, which, an unfeeling master had assigned them. The Duke of Suffolk, and Tunstal, Bishop of Durham, as Lords Justices of the North, wrote to the Privy Council, as their firm opinion, that if Henry desired no more, than a due performance of the Scotish treaty, of peace, and marriage, the Scots might be brought to agree to it, whereas, if he went further, few, or none, would give their consents The Cardinal had now gained the ascendency over the feeble spirit of the Regent : And, in November 1543, they went together to Perth, and to Dundee, where they arrested the Earl of Rothes, Lord Gray, and Henry Balnavis, whom they sent to prison, for reforming the people, no doubt, under Henry's influence. 11 Henry VIII. now somewhat varied his profligate plan, by making applications to particular persons, who might * Hamilton Archives, vii. : In it, is the letter of the 13th of September 1543, from Lord Wm. Parr, to the Duke of Suffolk, which gives the above account of the Regent Arran's Reformations, and Recantations. If the baby Queen, with her nurses, had been allowed to govern, they would have acted, with more spirit, and consistency. The citizens of Edinburgh, we perceive above, were not yet, sufficiently, reformed, in September 1543, to see illegal violence, within their walls, without rising to resist it. h Ib. viii. the Regent Murray.'] THE SCOTISH QUEEN. 335 perform special acts of successful treason : In this spirit, he applied, by his agents, to the Master of Morton, Sir George Douglas's son, who, as early as April 1544, held a traitorous correspondence, with his country's enemies : The Master of Morton, and Alexander Jarden, the Cap- tain of Tamtallon-castle, had agreed to surrender that stronghold to the Earl of Hertford, when the English army should arrive. 1 Henry, on the 26th of June 1544, entered into a contract with the Earl of Lennox, " to deliver to him the castle, and territory, of Dunbarton, with the Isle of Bute. 1 ^ In pursuance of the same plan of corruption, Henry, on the 13th July 1544, granted a yearly pension of 250/. to William, Earl of Glencairn, for what he had done, and intended to do, for the English interests : And Henry, at the same time, granted a pension of 100Z. to Glencairn's son, Alexander, the Master of Kilmours. k We may herein see the origin of that 'Hamilton Archives, ix. the Earl of Hertford's letter to Henry VIII. : The Master of Morton, whom we have seen above, acting the traitor, became Earl of Morton, and Regent of Scotland, who after a thousand acts of treachery, of fal- sification, of murder, and treason, died on the disgraceful block, for his concernment, in the murder of Lord Darnley. There are two subsequent letters, in the same volume, from the Earl of Hertford to Henry VIII. ; informing him, that James Douglas, the Master of Morton, and his brother, David, had renewed their engagement, to deliver Tamtallon to the English General, when he arrived there, and all their friends should be at Henry's command : and as an earnest of this, they had seized, and secured the captain of Dunbar-castle. j Rym. Feed. xv. 29 : Lennox was soon after legitimated, in England. k Ib. 4#. 336 THE LIFE OF [MEM. V. Memoir of activity of patriotism, and reform, which distinguished that corrupt family. This disgraceful policy of Henry was further extended to other persons, in Scotland, for performing monstrous acts of treasonous mischief to their wretched country. On the J7th of April 1544, the Earl of Hertford, with the council of the north, wrote to Henry, from Newcastle: " Please it your highness to understand, that this day, arrived, here, with me, the Earl of Hertford, a Scotish man, called, Wyshart^ [George Wishart of the Scotish martyrology,] and brought me a letter, from the Laird of Brumston, which I send your highness herewith ; and according to his request, have taken order, for the repair of the said Wyshart to your majesty, by post, both for the delivery of such letters, as he hath to your majesty, from the said Brumston, and also of the credence, which, as 1 can perceive, consisteth of two points : One is, that the laird of Grange, late Treasurer of Scotland, the master of Rotlies [the notorious Norman Leslie] the Earl of Rothes's eldest son, and John Charteris, would attempt, either to apprehend the Cardinal, at some time, when he shall pass through the Fifeland, as he does sundry times to St. Andrews ; and in case they can so appre- hend him, will deliver him to his majesty, which attempt, he sayeth, they would enterprise, if they knew your ma- jesty's pleasure therein, and what supportation, and maintenance, your majesty would minister to them, after the execution of the same, in case they should be pur- sued, afterwards, by any of their enemies. Th e other is, that in case your majesty should grant unto them a con- venient entertainment, (o keep 1000, or 1500 men, in wages, for a month, or two, they joining with the power the Regent Murray.'] THE SCOTISH QUEEN. 337 of the Earl Marshal, the said heir of Rothes, the laird of Calder, and others of the Lord Gray's friends, will take upon them, at such time, as your majesty's army shall be in Scotland, to destroy the abbey, and town of Arbroath, being the Cardinal's, and all the other bishops', and abbots' houses, and countries, on that side the water, thereabouts, and to apprehend all those, which, they say, be the principal impugnators of the amity, between Scotland, and England : For the which, they should have a good opportunity, as they say, when the power of the said bishops, and abbots, shall resort towards Edinburgh, to resist your majesty's army : and for the execution of these things, the said Wyshart sayeth, that the said Earl Marshal, and others, aforenamed, will capi- tulate with your majesty, in writing, under their hands, and seals, afore they shall desire any supply, or aid of money, at your majesty's hands. This is the effect of his credence, with other sundry advertisements of the great contention, and division, that is, at this present, within the realm of Scotland, which we doubt not, he will declare unto your majesty, at good length/' 1 There is a minute of the Privy Council, in answer to the above letter ; stating " that Wyshart had been with his majesty ; and for his credence, declared even the same matters, in substance, whereof your lordship hath written." And, he received for answer, touching the fact against the Cardinal, that if the lords, and gentlemen, 1 Hamilton Archives, vol. ix The letter above, though written, in the name of the Earl of Hertford, was sub- scribed, also, by Cuthbert, bishop of Durham, Robert, bishop of Llandaff, and by Rafe Sadler. 338 THE LIFE OF [MEM. V. Memoir of named, shall enterprise the same, earnestly, and use the utmost endeavours to bring the same to pass, and should be obliged to fly into England, for refuge, " his high- ness will be contented, to accept, and relieve them, as shall apertain." As to their second proposal, for engag- ing to burn, and destroy, the bishops', abbots', and other kirkmen's houses, and lands, his majesty answered, that his army would be returned out of Scotland, before he could send down, to make the contract, and have it re- turned ; and then transmit the required aid ; but, if they will engage to burn, and destroy, as they have offered, while his army is in Scotland, and will give his lieutenant, Hertford, hostages, for their performance, he authorizes Hertford to give them 1000/. sterling, for their purpose. 1 " This intrigue of Wyshart, and his employers, which was as treasonous, as it was abominable, did not, proba- bly, altogether escape the Cardinal's penetration. Hear- ing that Wyshart, who had returned to Scotland, in 1544, lurked, at the house of Ormiston, he applied to the Governor, to have him arrested. The high-sheriff of the county, Patrick, Earl of Bothwell, was employed, for that end: And, on the 19th of January 1545-6, there is an order of the Privy Council, to deliver Wyshart to the Governor, and to keep him surely, " under the hiest pane.'* He was, accordingly, sent to the castle of Edinburgh; and thence transferred to the Cardinal's castle of St. Andrews. Here, was Wyshart condemned, for heresy, and burnt, on the 1st of March 1545-6." m Hamilton Archives, ix. See the above letter, dated the 26th of April 1544, in Haynes, p. 32-3. n Keith, 41 At the moment of his execution, Wyshart the Regent Murray.'] THE SCOTISH QUEEN. 339 There still remains, in the same collection, a letter of instruction, from the Privy Council of England, dated the 10th of April J 544, to the Earl of Hertford, inform- is said to have foretold the Cardinal's death, in the said castle, within a few days. Dempster says, in his Historia Eccksiastica, 598, that Wyshart, being in the plot to take the Cardinal's life, might easily foretel his death. " Doctor Mackenzie," says Bishop Keith, " has given us the scrape of a letter, that seems, strongly, to support the truth of that assertion : But, Keith, after all his researches, in the Law- yers library, could not find the said letter, and is, therefore, induced to publish the scrape," [Hist. 41-2.] I have now published above, the letter, at large, with the answer to it of the English Privy Council. And, the evidence of both, certainly, proves, that Dempster was founded, in his fact : Wyshart was, plainly, in a plot against the Cardinal's life $ he was obviously guilty of treason, of the blackest kind ; and if Wyshart had had twenty lives, he ought to have lost them 5 but, not for heresy. The Cardinal was assassinated, on the 29th of May 1546, within his own castle, at St. Andrews, by Norman Lesley, Grange, and other conspira- tors. It is a great aggravation of the barbarous crime of Norman Lesley, that he had entered into a bond of manrent to the Cardinal, on the 24th of April 1545, for a valuable consideration. [Innes's MS. Collections."] Henry VIII. lived long enough to approve so much of the conspirators act, as to settle the following pensions on them, from Lady- day 1546 : To Norman Lesley, yearly - a250 To the laird of Grange "-' ' 200 To David Moneypenny - . 100 840 THE LIFE OF [MEM. V. Memoir of ing him, in the King's name, that the grand attempt on Scotland was delayed, for a season ; and directing him, in the meantime, to make an inroad into that kingdom ; and " there to put all to fire and sword, to burn Edin- burgh-town, and raze the castle ; putting man, woman, and child, to fire and sword, where any resistance shall be made against you : And this done, pass over to the Fifeland, and extend like extremities, and destructions, in all towns, and villages, whereunto you may reach, conveniently ; not forgetting amongst all the rest, so to spoil, and turn upside down, the Cardinal's town of St. Andrews, as the upper stone may be the nether, and not one stick stand by another ; sparing no creature alive, within the same, specially such, as either in friendship, or blood, be allied to the Cardinal." But, of this hor- rible order enough ! How Hertford executed his corn- To Henry Balnavys - To John Lesley 125 To James Lesley, the parson of Aberdour 100 To William Kirkaldy, the younger, of Grange - 100 Such, then, were the assassins of Beaton, the Cardinal - t and, the rewards granted, by Henry VIII., for the deed ! [Privy Council Reg. Ed. VI. Sunday, 6th of February 1546- 7.] And Henry resolved, with his last breath, not only " to give certain pensions to divers noblemen, and others, which defend the castle of St. Andrews, for his majesty's service j" and for the advancement of the marriage j but, also, upon certain articles devised, for the benefit of both the realms, to entertain, at his Grace's charges, 120 men, for the more sure defence of the said castle, against the King's enemies, in Scotland. [H.] 76. Vol. ix. the Regent Murray.'] THE SCOTISH QUEEN. 341 mission oiftre and sword, on the Scotish people, history must tell. p EDWARD VI. The successor of Henry adopted the same policy, with respect to Scotland, the same corrupt means, the same odious warfare; " as most necessary, for the honour, and surety, of the King that now is/'^ From that epoch, till the peace of Bulogne, in March 1549-50, which comprehended Scotland, there was continued the former system of establishing the English policy, by cor- ruption/ In every corrupt transaction with particular Scotsmen of that age, there was a clause, that they should do their * Keith, 46-7. Buchanan, with his usual falsehood, af- arms, that Henry sent letters into Scotland, full of just com- plaints, before he sent his fleet and army. Of such letters, there is no trace : But, sefe the Regent's letter to Henry, proposing terms of accommodation, in Keith's App. No. VIII. * Id. Balnavys, who negotiated that treasonous transaction, was sent back to St. Andrews, with information of those re- solutions of the two Kings j and Mr. Lesley was appointed to remain, at London, to receive advertisements, from Scot- land. r The following are some of the pensions, exclusive of the casual payments of money to individuals : To Lord Bothwel (Patrick,) in part payment of his pension ... s@376 To And. Gray, in part of his pension 12 1O To John Steuart, the same - 25 O To Sir John Borthwick, the same 75 O To Oliver Sinclair, as his majesty's reward 50 342 THE LIFE OF [MEM. V. Memoir of best endeavours, for the delivery of the Scotish Queen to the English King. 8 Of the wars, and waste, of that pe- riod, history must tell. In 1551, William Thomas, a well-known Clerk of the Privy Council, who had secret communications with Edward VI., wrote, privately, to the youthful King : " For Scotland ; since we cannot now conquer it, I have no hope of good but one ;* that the Governor, [the Earl of Arran] by our comforts, may be enticed to take the crown upon him : If he be thereunto persuaded, we shall not only establish a pre- sent friend to ourselves, but, a perpetual enemy to France." 11 Of the morality of that advice, and the sub- To the Master of Ruthven, as the same s@39 The Master had another reward of .,,* 25 To H. Balnavys, remaining in France 60 O There are many payments, to Ormiston, and Brumston. [The Privy Council Reg. of Ed. VI.] 8 In Ayloffs Calendar, 322, there is preserved a notice of an instrument, by Norman Lesley, the " Master of Rothes, and others : promising to do their endeavours, for the de- livery of the Scotish Queen to the English government." See this treaty dated the 2d of March 1547, in Rym. Feed. xv. 131-144. There was a similar treaty, for the same cor- rupt purpose, made with Lord Gray, on the 1 1th of the same month. [16. 143.] And there was afterwards settled on Lord Gray, a pension of 100/. a year. [Ib. 200.] So, in September 1549, there was a pension settled on Patrick, Earl of Bothwell, of 3000 crowns. [Ib. 190.] 1 This was said, with an allusion to the amalgamation of Scotland with France ; and the late peace of May 1550. [Ib. 255-6.] u See Strype's Mem. ii. p. 72 : Thomas only recommend- the Regent Murray. 1 THE SCOTISH QUEEN. 343 sequent corruptions, little need be said; since the in- sidious object is quite apparent ; and was certainly adopt- ed, by Cecil, in the subsequent period : It was probably not kept quite secret ; as means were found, to remove Arran, the Governor, and to place the Queen-mother, in his room.* ELIZABETH. The marriage of the Queen of Scots with the Dauphin of France, in April 1558; and the accession of Queen Elizabeth to the throne of England, in Novemberl558 ; were influential events, in the Scotish history : By the first event, Scotland was identified with France ; by the second, England was induced, by the wisdom, or the wickedness, of Sir William Cecil, to enter into the most criminal intrigues, in both those kingdoms, wherein Francis, and Mary, had such important interests. In the subsequent year, the corrupt advice of William Thomas was carried into full effect, in Scotland, by the corrupter management of Secretary Cecil J Arran, the ed to Edward VI. the corrupt policy, which had failed, under the coarse practices of Henry VIII. Thomas was hanged, in the subsequent reign, for his practices, during the present. * The 12th of April 1554 is the true date of that transfer of the Scotish government, which is, specially stated, in the Privy Seal Reg. xxvii. f " If the Queen, and Dauphin (said Cecil, in August 1559,) will not grant certain points j then may the Estates commit the government there to the next heir of the crown : the Queen [Mary] will not comply ; then is it apparent, God Almighty is pleased to tranfer, from her, the rule of the 344 THE LIFE OF [MEM. V. Memoir of heir-presumptive of the crown, under a parliamentary settlement, and contrary to a more recent change of the government by Parliament, in April 1554, when the Queen-mother was appointed Regent, in his stead, was induced, by Cecil, to come forward, as the rival sove- reign, in contempt of the legal authority ; which had re- cognised his presumptive rights. 1 Following up his Jacobinical principles, Secretary Cecil, on the 1st of August 1559, in the name of Elizabeth, gave the fol- lowing instruction to Sir Ralph Sadler, who had been the profligate agent of Henry VIII., and was now em- ployed, by Elizabeth, in similar pursuits, in Scotland : As to the real intentions of the bastard Prior, Sadler was instructed : " You shall do well, to explore the very truth, whether the Lord James, [the Prior,] do mean any enterprise towards the crown of Scotland, for him- self; and if he do, and the Duke [Chastelherauld] be found very cold in his own cause, it shall not be amiss, to let the Lord James follow his own desire therein, without dissuading, or persuading him any thing there- in."* What is this, but saying that, if the presumptive kingdom, for the weal of it." All this was written, by a foreign minister of a foreign power, who had no right to in- terpose, contrary to treaties, and the established law ; as settled, recently, by the Estates of Scotland : Jacobinism could not go beyond the guilty reasoning of Cecil. z See Haynes, 253 : Articles, between the Duke of Nor- folk, Elizabeth's Lieutenant, in the North, and the Lord James Steuart of Scotland, 27th Feb. 1559-60. * Sir Ralph's instructions, which are in the Paper Office, and indorsed, in Cecil's hand, " for the Queen's majesty." [Bundle P. 20.] Cecil was induced to submit such instruc- the Regent Murray."] THE SCOTISH QUEEN. 345 heir of the crown will not unlawfully seize the expectant sceptre, in the legitimate hand of the actual possessor, a bastard pretender must be incited to assume it ? It is unnecessary to trace Cecil any further, in his usual career of odious policy, as to the neighbour nations : The whole life of the Scotish Queen supplies illustrations, both of his profligacy, and practice, immoral as they were. Elizabeth hastened to make peace on the 2d April 1559, at Casteau-Cambresis, with France, and with Scotland. On the 30th of May following, Elizabeth made peace, at Norham, more particularly with Scotland. The demise of Henry II. of France, on the 10th of July 1559, with the succession of Francis, and Mary, seem to have converted Elizabeth's desire of peace into a passion for war. 6 In December 1559, Admiral Winter, with an English fleet, was sent into the Forth, " to act (C as from himself." The Duke of Norfolk was sent into the north, as the Queen's Lieutenant-general, " to act "as from himself." In January 1559-60, Secretary Maitland te was at Westminster, to be conferred withall, tions to the eyes of Elizabeth , partly, by his general policy of inciting troubles, in every nation, but more by a dispatch, from Throckmorton, Elizabeth's ambassador, at Paris, dated the 26th of July 1559 ; informing Secretary Cecil, that the Prior had such intentions. [See that dispatch, in Forbes' s State Papers.] b On the llth of July 1559 was held a consultation of Elizabeth's ministers, for the French King's style and arms of England, to be joined with France. [Cecil's Diary, Murdin, 749 ] 346 THE LIFE OF [MEM. V. Memoir of " for Scotish matters:" On the 18th of February, this Secretary returned into Scotland. On the 27th of Fe- bruary " the accord was made, by the Duke of Norfolk, " at Berwick, with the Lord James, Lord Ruthven, " Laird of Pittarrow, and W. Maxwell." We thus perceive Elizabeth descend, from her elevation, to make " an accord," with the Lord James, the bastard pretender of Scotland, according to Cecil's Diary. All this while, however, Francis and Mary were King and Queen of Scotland ; and the Queen-mother was regent of Scotland, under the authority of the two sovereigns, and the Es- tates of the realm. Upon what moral principle did Eli- zabeth, and Cecil, act? Upon none: Their principle was profligacy, in the extreme. If, however, we look into the treaty, we shall see, that the name of the Duke of Chastelherauld, the second person, in Scotland, was used, though it appeareth not, whether he knew anything of such an accord. But, " the Queen's majesty, having " sufficiently understood, as well by information sent " from the nobility of Scotland, as by the manifest pro- " ceedings of the French, that they intended, to conquer " the realm of Scotland, suppress the liberties thereof, " and unite the same unto the crown of France, perpe- " tually, contrary to the laws of the said realm, and to " the pactes, oaths, and promises of France, the Queen's " majesty thought fit to make this * accord.'' " d What falsehood, and impertinence, have we, in that recital ! Elizabeth, and Cecil, knew, that the Queen of Scots, in 1548, had been betrothed to the Dauphin of France, with the free assent of the whole Estates of Scotland. c 76. 750. d Rym. Feed. xv. 569. the Regent Murray.-] THE SCOTISH QUEEN. 347 In 1558, Mary and Francis were formally married, with the assent of the Estates, who sent deputies to witness the ceremony, the Lord James being one of the Envoys. By the assent of the Parliament, on that occasion, Scotland, and France, were identified, for the benefit of the people of both. In such a legitimate con- nexion of Scotland, and France, how could the sovereigns of both make a conquest of one of them ? The union of the two kingdoms was legitimated, by the legislatures of both. The liberties of the people of both were enlarged, by the effects of that union. It was absurd, to talk of a legitimate union being illegitimate, and contrary to law. Neither was there any evidence of the breach of any pacte, oath, or promise. This treaty, then, is the record of the guilty conduct of the several parties to this fraudful accord. The proceedings of Elizabeth, and Cecil, on the one side, and of Lord James, and his coad- jutors, on the other, were contrary to every principle of law, human, or divine, to every treaty, existing between the several nations; and contrary to the established system of the Scotish monarchy : Yes ; the marriage of the Scotish Queen to the Dauphin, under the authority of the Estates, with the, several effects, resulting from a legitimate measure, were inconvenient to England : But, it was an inconvenience, without an injury ; because the Estates of Scotland had a right to marry their Queen to whatever potentate : And being an inconvenience, with- out an injury, it furnished Elizabeth, with no motive of warfare, and gave to the querulous mind of Cecil no cause of enmity. Yet, on the 25th of March 1559-60, Elizabeth issued a proclamation ; declaring the Queen's purpose, to pre- serve the peace, notwithstanding the King and Queen of 348 THE LIFE OF [MEM. V. Metooir of Scots' claims to be the King, and Queen, of England. And two days after the English army entered Scotland, with fire and sword ! e Yes, says Cecil, when the Dauphin and Mary Stewart, were married, in April 1558, the French King directed them to assume the title, and arms, of England. But, this imprudent act was not any insult to Elizabeth, who was not then Queen. If that act of whatever importance, had been resented, by the English Queen, who was then at war with France, and Scotland/ the French King might have asked, Elizabeth, By what title do you pre- tend to be King of France ? Our law, which excluded the pretensions of Edward III., who claimed from a, female heir, equally precludes you. Cecil, however, when he came into power, with Elizabeth, was studious to gratify his mistress's jealousy, by collecting the various instances, in which Francis and Mary had used that disputatious title.R When Mary became a widow, and she was Cecil's Diary, in Murditi. f From the 7th of June J557, to the 2d of April 1559, the epoch of the peace of Cateau-Cambresis. * For example : On the 16th of July 1559, Ushers going before the Queen of Scots (being now the French Queen) to the Chapel, cry, " Place pour la reine d' Angleterre." The arms of the Scotish Queen were set upon certain arches, at solemnizing the marriage of the French King's daughter with the King of Spain, with the arms of England, and these verses, underwritten, in Scotish. " The arms of Mary Queen Dolphin of France, The noblest lady in earth for till avance, Of Scotland Queen, and England too, Of Ireland too, as God hath provided it so." the Regent Murray.] THE SCOTISH QUEEN. 349 pressed, by Throgmorton, the English ambassador, to ratify the treaty of Edinburgh, which disavowed that assumption, in larger terms, than the imprudence of the one Queen, or the malignity of the other, required : The Scotish Queen said what could not be answered then, and cannot be answered now : When that title was assumed, I was a married woman, under the power of my husband, and we both acted under the authority of the French King : But, since I became a widow, and such influences ceased I have not used such a title, and have no inten- tion to use it, in future. That assumption, however innoxious, in Mary, acting as she did, was never for- given, and never forgotten : " Forgiveness to the injured doth belong : But, they ne'er pardon, who commit the wrong." We have now traced the various projects of the Eng- lish government, under Herjry, Edward, and Elizabeth, during Mary's infancy, for the subduction of Scotland, In November 1559, the Queen of Scots made her entry into Chattleherault, where her style was published, as Queen of England, where four verses were made, whereof the two last were : " Nunc Gallos totoque remotos orbe Britannos Unum dos Marice cogit in imperium." Francis, and Mary, as Dauphins, granted something to Lord Fleming, as King and Queen of England. There were justs, at Paris, the Dauphin's two Heralds were apparelled with the arms of England, and Scotland. [Cecil's Diary, in Murdin.] Whether those examples were not stated, with malignant temper, and exaggerated, with unne- cessary diligence, needs not be very elaborately ascertained. VOL. in. A a 350 THE LIFE OF [MEM. V. Memoir of by that alien, and corrupt power. How far the Lord James, the bastard pretender of Scotland, with his fac- tion, contributed to that end, for depriving the Scotish Queen of her rights, needs not be here very diligently settled: The treaty of Berwick is the record of their guilt. No. II. Whether the Treaty of Edinburgh, 6th July 1560, in favour of the Scotish Nobles; whereby the Sovereignty of Scotland was transferred, from Queen Mary, to the Insurgent Faction, be true, or false. It was an age of falsehood, and imposture, when the people were credulous, as the effect of ignorance, and their leaders were unprincipled : We might perceive, from the document No. 1. in this Appendix, that Secre- tary Cecil was very capable of any imposition, and the Lord James [Murray,] and his associates, were in the habit of every villany. It was, in the same age, that the grand imposture was practised on the Scotish people, by Murray's faction; when the black letter statute-book of April 1566 was castrated, and a spurious volume of black acts was palmed upon the country, in the black letter statute-book of November 1566. Men practising such impostures, were capable of any baseness. Hume, the historian, detected the same men, in forging an additional article to a treaty, with the Regent-queen. 11 The men, who were capable of adding one article to a treaty, were very capable of forging a whole treaty, when aided, by so great an adept, as Cecil, in contriving the means, for whatever measure. h Hist. v.3l; and Note O, p. 495. the Regent Murray."] THE SCOTISH QUEEN. 351 In addition to what Whitaker has, decisively, reason- ed, on this subject, 1 I shall add a few distinct heads ; as exhibiting what has occurred to me, in the progress of my inquiries, on so interesting a subject, as detecting forgery, and ascertaining truth. (1) No one has ever seen the original of the copy of an accord in, the Cotton Library ; k purporting to be the treaty of Edinburgh : Neither the English Rymer, nor the French Leonard, ever saw such a treaty : No such treaty any where exists, in the records of Scotland; nor does any one among the well-informed men, at Edinburgh, know of such, in the original .-' What does not appear, must be supposed not to exist, (2.) I have found, in the Paper Office, a 1 Vindication, iii. 40-43,463, 515. k Calig. b. 9. fol. 126, the title of which, in English, is, " Accord betwixt the French King and Queen of Scots, and " the Nobilitie of Scotland j" and which was certified to be a true copy, by the Lord James Steuart, and Lord Ruthven, and is countersigned, at the bottom, by Secretary Maitland, who appears, from the transcription, to have been the writer of this copy : Maitland was perfectly capable of making any supposititious treaty. 1 There is an abstract of such a treaty, dated the 8th of July 1560, in the Adv. Lib. Edin. A. 3. 22 : But, from the mistake of the date, and other circumstances, it is obvious, that the writer of this abstract did not make it, from an original, though it be a MS. of the reign of James VI, Cecil, in his Diary, though he notices the accord, for the demolition of the fortifications of Leith, dated the 5th of July 1560, and the treaty of Edinburgh, dated on the subse- quent day, between the English and French ambassadors, does not notice any accord between the French ambassadors, and the Scotish nobles. Murdin/751. 352 THE LIFE OF [MEM. V. Memoir o copy of the Scotish accord of the 6th of July 1560, which is, plainly, of that time ; as it was docqueted, or indorsed, by Cecil's clerk, " Requests of Scotland to the " French King ;" and to the foregoing words, are added, in Cecil's own hand, " Accorded by the French ambas- " sadors, in presence of the ambassadors of England :" But, this docquet, or indorsement, was afterwards struck out, by Cecil's own pen : For, he soon perceived, that by such an indorsement, in his hand, the English ambas- sadors, Cecil, and Wotlon, were committed, to avouch, or testify, that such a treaty had been signed, in their presence : And, Cecil, who was never at a loss, wrote to his friends, at Edinburgh, to send him a certified copy of the same treaty, which now remains, in the Cotton Library, as above mentioned : Now ; this measure cast the responsibility, from himself, upon Lord James, Lord Ruthven, and Secretary Maitland, who were all persons very capable of such an imposture; and of avowing it, for truth, before a credulous world : This management, with regard to the two copies, the one in the Paper Office, and the more formal one, in the Cotton Library, is satisfactory proof of the gross fraud, that had been committed, by Lord James, and Secretary Mait- land, in concert with Secretary Cecil; yet, could not be avowed : m The pretended power of the 2d of June 1560, with the mistake in the year of Mary's reign; m Cecil played off the same artifices, in respect to the de- claration of French Paris, 10th of August 1569, which we now know to have been the forgery of Buchanan, and Wood : Cecil had the original j but he sent for a certified copy ; in order to conceal the imposture. the Regent Murray.] THE SCOTISH QUEEN. 353 empowering the French ambassadors, to make such a treaty, as transferred the Queen's sovereignty to the Scotish insurgents, is not, with the copy of the accord, in the Paper Office. (3) We may learn from Holinshed," what is probable in itself, " that when Montluc, and " Randan, the French ambassadors, were introduced to " Elizabeth, they declared they were sent to the Queen, " and not to the subjects of Scotland : For, it was not " meet, that the King should send to Ms own subjects, " (as they were by this marriage of their Queen) to re- " quire peace, or to condition with them, for agreement:" Such a speech, from such men, evinces, sufficiently, that they were conscious of their own inability, to transfer the King, and Queen's sovereignty, to their own subjects : But, it was impossible;, that ambassadors, who are praised, by Robertson, for their talents, and address, could have granted any terms of sovereignty to sucK subjects. (4) When Throgmorton, Elizabeth's ambassador, at Paris, solicited the ratification of the treaty of Edinburgh, the King, the Queen, the Cardinal of Loraine, and their other ministers, always speak of one treaty, and not of two treaties, an English, and a Scotish one: We never n Chronicle, i. 374-5: The terms of the accord to the Scotish nobles, as set forth, by Holinshed, may be admitted to have been made. Id. These terms ought regularly, to have been annexed to the treaty with England, as a part thereof ; and it was owing to design, that they were not ; and, not to the ignorance of Cecil. o Lord Hardwicke's State Papers, i. 123-37- If there had been such an accord with the Scotish insurgents, there ought to have been an original of it, in the archives of 354 THE LIFE OF [MEM. V. Memoir of hear of the Scotish nobles, soliciting the ratification of the treaty, granting them such extraordinary terms; nor, would the Queen even ratify the acts of Parliament, which was held, without her knowledge, under the pre- tence of some treaty. (5-) The precipitation, with which the convention of August 1560 sat down, before it was possible to obtain the Queen's ratification, (and no treaty can be acted upon, without ratification) proves, that the supposititious treaty, under which, the leaders pretended to act, had been obtained, by some fraudulence. (6.) It does not appear, throughout the negotiation, for the rati- fication of the treaty of Edinburgh, that the French court was aware of what the supposititious treaty contain- ed ; but, the Cardinal Loraine saw very plainly, from other documents, and from the conduct of the Lord James, and his busy coadjutors, " that the King, and " Queen's subjects of Scotland, sought to deprive the " King, and Queen, of their right of pre-eminence over " the realm of Scotland, and to reduce it to the form of " a republic." 1 " (7.) As the concessions of oblivion, which were, really, made, by the ambassadors of Francis, France, from her ambassadors : But, the silence of Leo- nard evinces, that no such accord exists among the records of France. P Lord Hardwicke's State Papers, i. 129. The Lord James, and his coadjutors, had, in fact, established an in- dependency on the sovereigns of Scotland, in 1559-60, and 61 j they arrogated the right of depriving the Regent-queen of her authority, which she had derived from the Estates : and when the sovereign Queen sent over a commission to Certain persons, to govern in her name, the insurgent lords, who were named, refused to act, under her authority. the Regent Murray.] THE SCOTISH QUEEN. 355 and Mary, to the Scotish insurgents, formed a part of the English treaty, and as Cecil, studiously, avoided to have the specification under the French ambassadors signatures, annexed to that treaty, this omission alone, with the circum- stances of his conduct, above mentioned, when committed, by such a diplomatist, as Cecil, shows, that some fraud had been committed, which could not be avowed.i (8.) Such, then, are the reasons, which satisfy me, that the Scotish treaty, which was certified, by Lord James, Lord Ruthven, and Secretary Maitland, was a gross im- position ; such men being capable of any villany ; and Maitland being in the habit of forgery. (9.) When Dr. Wotton died, in 1566-7, Cecil was restless till he obtain- ed possession of the papers of his coadjutor ; as we learn from Strype ; r in order to see what account Dr. Wotton had given of the supposititious accord, with the Scotish nobles. (10.) The actors, in that guilty scene, did not send any person to Paris, to solicit the Queen's ratifica- tion of the supposed accord; because such an envoy would have met Randan, and Montluc, the French ne- gotiators, who would have disavowed the pretended accord: But, without ratification, the treaty was of no avail; though the forgers made haste to carry it into effect. i Robertson, indeed, says, Hist. i. 239, that the treaty with Scotland was inserted in the treaty with Elizabeth ; but, he is mistaken : And, that it was not inserted, in the English treaty, is a strong objection to the rectitude of the whole transaction. There was a clause, in the nature of a guarantee of the accorde between the French, and Scots, [Haynes, 355,] which states the sum of the accorde of Scotland : This ought, in the practice of diplomacy, to have been annexed to the English treaty. r Annals, iii. 208. 356 THE LIFE OF [Men. V. Memoir of No. III. How far Queen Elizabeth endeavoured to in- tercept Mary, Queen of Scots' Voyage to Scotland. (1.) The refusal of passports, which is a fact acknow- ledged, was a virtual declaration of hostilities against the Scotish Queen. (2.) Both the Lord James, and Secre- tary Maitland. urged Cecil to intercept their sovereign ; as most beneficial to the religion, and most advantageous to the amity with England, two cant expressions, which meant much more than was mentioned ; and Secretary Cecil corresponded with both, on this interesting subject. On the 9th of August 1561, Randolph wrote from Edin- burgh to Cecil : " I have received your honour's letters, on the 1 st of this month, and also a letter to the Lord James, from his kinsman, out of 'France. 8 I have shown your honour's letters to the Lord James, Lord Morton, Lord Lethington (Maitland) : They wish) as your ho- nour doth) that she \Mary\ might be stayed, yet, for a space : And, if it were not, for the obedience sake* some * James Steuart, the Commendator of Inchcolm, who was then in Queen Mary's employ, and confidence, in France. He was afterwards much employed by her ; and, like others,, betrayed her secrets to the Lord James, for whose relief, James Steuart engaged in Rizzio's assassination. He ob- tained a pardon of this treason, by Lord James [Murray's] influence, on the 5th of June 1566. [/'nuy Seal Reg. xxxv. 30.] He married, on the 10th of January 1562-3, Mar- garet, the sister of Archibald, Earl of Argyle, Murray's as- sociate in rebellion. The eldest son of this marriage was Sir James Steuart of Down, who married Murray's eldest daughter, and, in her right, became the Earl of Murray. the Regent Murray.-] THE SCOTISH QUEEN. 357 oftftem care not, though they never saw her face." The Lord of Letliington leaveth nothing, at this time, un- written, that he thinketh may be able, to satisfy your desire, in knowledge of the present state of things here. Whatsoever cometh of that, he findeth it ever best, tftat she come not. 1 (3.) Contrary to all those concerts, Ce- cil wrote to Throgmorton, at Paris, on the 26th of Au- gust : " The nineteenth of this present, in the morning early, the Queen of Scots arrived at Leith, with her two gallies, her whole train not exceeding sixty persons of meaner sort. The lords of Scotland were not nigh, being warned only against the last of this month ; only there was at Holyrood house, the Lord Robert, to whose house she went, and there remained, and gave orders, with speed, to assemble her lords. This was the whole I could learn ; being so written in haste, at the same instant. The Queen's majesty's ships, that were upon the seas, to cleanse them from pirates, saw her, and saluted her gallies ; and staying her ships, examined them of pirates, and dismissed them gently : One Scotish ship, they detained; as vehemently suspected of piracy." But, this artful representation is contradicted, by Cam- 1 This instructive letter is in Robertson's App. v. from the Cotton Library. Lethington's letter, which is referred to, in Randolph's dispatch, was dated, from Edinburgh, the 10th of August 1561, and is in Keith's App. 92-3, wherein the date is misprinted 1560, for 1561. This letter of Le- thington was followed, by a more persuasive one to Cecil, dated the 15th of August 1561, which still remains un- published, in the Paper Office. u See this dispatch of Cecil to Throgmorton, in Hard- wicke's State Papers, i. 176, which is plainly written to en- 358 THE LIFE OF [MEM. V. Memoir of den's narrative, who was as well-informed, as Cecil, and an honester man. x Cecil's representation is disproved, by the testimony of as great a statesman as he : By the lord keeper Bacon, who in delivering a speech in the Privy Council, during the year 1562, against the pro- jected interview, between the rival Queens, has these apposite expressions : " Besides, think you, that the Scotish Queen's suit made, in all friendly manner, to come through England, at the time she left France, and the denial thereof, except the treaty were ratified, is by them forgotten ; or else, your sending of your ships to sea, at the time of her passage ?"? (4.) When a charge against Lady Lennox, for corresponding with her rela- tion, the Queen of Scots, was carrying on by Cecil ; it was given in evidence, by two several domestics of Lady Lennox, that when she heard of the Scotish Queen's es- cape, from the English ships, she fell down on her knees, and thanked God, for his providential interposition : z This implies, that it was distinctly understood, at Lon- don, that the English ships were sent out, to bring in the able the English ambassador to deceive the French court ; as its statements were contrary to the fact. x Camden, Transl. 53, who speaks of the Queen of Scots, having gotten a fit opportunity, set sail, from Calais, and arrived, in Scotland j " passing by the English ships, in foggy weather." Lesley, and Brantome, who accompanied the Queen, also speak of the great fog, which enabled her to arrive safe. Holinshed concurs with Camden. y Goodall, i. 175, from a MS. entitled, Placita Secreti Concilii. I have, in my library, a MS. collection of the Lord Keeper Bacon's speeches, which concurs with what Goodall states as above. * This examination is in the Paper Office. the Regent Murray.'] THE SCOTISH QUEEN. 359 Scotish Queen. (5.) One of the Scotish ships, attending the Queen, was carried in, as Cecil acknowledges, where- in was the Earl of Eglinton : But, that this particular ship carried the horses and mules of the Scotish Queen, which were undoubtedly captured, appears untrue : It certainly required a long negotiation, and considerable expense, to recover them. a (6.) When Secretary Cecil talked of cleansing the sea of pirates, he ought to have blushed ; as the conduct of Elizabeth, and her secretary, was clearly piratical, which was indefensible upon any known principle, if they did not avow actual luostility, to the Scotish Queen, with whom Elizabeth was then at peace. (7-) Two Dutch vessels, which were employed to transport, from France, the Scotish Queen's horses, and mules, were carried into England by the English fleet, which was sent out to bring in the Queen. The Dutch transports were, after a while, released : But the Queen's horses and mules were detained a month, before they were allowed to proceed, by land, to Edinburgh. The freight of the ships is charged in the Treasurer's books of the 28th of October 1561 : And, there is a further charge, on the 19th of the same month, by the Queen's command, " To John Livingston, Master Stabler, for ex- pences made by him, upon 29 horses, and mulattis, con- veyed with 28 men from Morpeth to Alnwick, and Ber- wick, holden in England, by the space of 31 days, and from Berwick to Edinburgh, two days, 3437. Scots." This, then, is a new fact, in the history of Mary's voy- age to Scotland ; and is an additional proof of the en- mity of Elizabeth, on that occasion. * Keith, 195, and the Treasurer's accounts of the 28th of October 1561. 360 THE LIFE OF [M EM . V. Memoir of No. IV. The following Dispatch, from Randolph to Cecil, evinces with wJiat rigours, the Lieutenant acted on the Borders. In my last of the 7th present, I wrote your honour, that the Earl of Marre was ridde to do some enterprise upon the thieves, that resorted to common markets, near unto the Borders. It came so well to pass, that upon Thursday last, he arrived, at Hawick, about ten of the clock, and having encompassed the town, with such as were appointed to that office, he being himself in the market-place, caused a proclamation to be made, that no man, on pain of death, should receive a thief into his house, or hinder any man, that was known, or suspected of the like crime : Whereupon all those were taken, that were found in the street, and divers others found, that had hidden themselves, to the number of eighty-three, of the which twenty were acquitted by the assize ; the rest condemned ; of the which twenty-two were presently drowned there, for lack of trees, and halters, six hanged at Edinburgh, yesterday, being Monday ; four of the number of Maxwell's own men sent unto him to be ex- ecuted ; and the rest are presently, in the castle of Edin- burgh, in the Queen's will. If your honour might hear of many such journeys, I believe the quietness upon the Borders should in short time be much greater than it is. The example hereof is very good ; and the honour not little unto those, that put it so happily in execution. Besides, those thieves of Tividale, and Langdale, are common enemies, to all virtue and policy : Those are also the people, in whom the Earl of Bothwell doth most trust in, if ever he gets his liberty ; and therefore, I be- the Regent Murray."] THE SCOTISH QUEEN. 361 lieve there will be the fewer number of them left alive, before that he come abroad. At Stirling, the 7th of June 1562. No. V. Of Murray's Courtship of the Countess of Bud tan. This intercourse, which has hitherto remained a mys- tery, may now be made quite clear, from an investiga- tion of the Scotish records. John, the master of Buchan, the heir-apparent of John, the Earl of Buchan, was slain, at the disastrous battle of Pinkie, on the 10th of September 1547; leav- ing an only child, Christian Steuart, who was then an infant, and became by her father's death, the mistress of Buchan, or the apparent heiress of the Earldom of Bu- chan. On this lady, the Prior of St. Andrews, when he was not yet nineteen, cast his wishful eyes. And, on the 16th of January 1549 50, he entered into a contract of marriage, with James Steuart, the lady's uncle, to marry his youthful niece. b We thus see that the con- tract was made with her uncle, and not with her grand- father, the Earl, but with his youngest son. This con- tract was never fulfilled, by the Commendator ; but, un- der its cover, he contrived to deprive the heiress of her inheritance. In 1556, when he was twenty-five, he be- gan his artful operations, while she was still under the b Sutherland, Add. Case, v. 62 : He was called Commen- dator in the marriage contract : But, he then appeared, sometimes as Prior, and other whiles, as Commendator, as it suited his purpose. 362 THE LIFE OF [MEM. V. Memoir of marriageable age, and her grandfather was old, and un- thrifty, to get the estate, within his grasp : As the Earl owed several sums of money, on the mortgage of several estates, with the right of reversion, the Commendator obtained, from the heiress, and her tutor, Sir Walter Ogilvie of Boyne, in 1556, assignations of the right of redeeming those mortgaged estates ; and on those assig- nations, he procured, from the Queen-mother, confirma- tions of the right of redemption.' The Commendator thus appears to have been a good lawyer, or to have had a good adviser, in his train ; who thus enabled him to do a fraudulent act, by legitimate means. Encouraged, by this success, he now set his heart not on the lady, but on the more considerable estates of the earldom. The Earl of fiuchan, dying at the end of 1562, the Commendator, who had at length become the Queen's chief minister, obtained a grant of the ward, non-entries, and relief of the whole estates of the Earl- dom of Buchan, and of all other lands, which pertained either to the Earl of Buchan, or to John, Master of Bu- chan, for all time past, or to come. d These grants, to the chief minister, were as illegal, as they were unjust : e Privy Seal Reg. xxviii. fol. 16, 34, 49, 75, &c. ; and grants dated the '24th April, 4th August, 27th and 29th December 1556, and 24th May 1557 : And he, subsequently, obtained, on his own resignation, a charter, from the crown, on the 9th June 1562. Privy Seal Reg. xxxi. 33. d Privy Seal Reg. xxxi. 70 : The grant was dated the 31st January 1562-3 : And, to make surety double sure, he obtained another grant, dated the 22d of September 1563. Ib. xxxii. 7- the Regent Murray.] THE SCOTISH QUEEN. 363 For, they contravened the Act of Parliament, which was made, during the late war, in favour of the heirs of those who might fall in battle, in the Queen's service ; and which provided, that the heirs of those, who might die, by the visitation of God, or the sword of the enemy, " should have the ward, non-entries, and relief of their estates, and also of their marriage, free in their own hands, without the usual payments to the crown." 6 On the death of the Earl, his grand-daughter, Chris- tian, succeeded to the Earldom of Buchan ; as the heir of her father, John, the Master of Buchan, under the above-mentioned charter of the 4th of August 1547 ; and on which she obtained seisin, in 1551/ which legally completed her title to the Earldom. And she was en- titled, under the Act of 1547, in favour of the heirs of those, who died, fighting for their country, to enjoy her rights, without paying any feudal incidents to the crown. The all-grasping minister of the Queen, knew both the law, and the fact ; yet, did he, in contempt of law, and defiance of justice, obtain a grant] of those feudal inci- dents, as we have seen, which, by accumulations, since the death of John, Master of Buchan, in 1547, amount- ed to vast sums ; and for which he obtained judicial ap- preciations, and thereupon charters from the crown : " Privy Seal Reg. 1547. John, Master of Buchan, who died on Pinkie field, had obtained, on the 4th of August 1547, a charter of the Earldom of Buchan, to him, and his heirs ; reserving a life estate to his father, the Earl. Suther- land Add. Case, v. 61 ; and the charter, which was printed, in Sir Rob. Gordon's Add. Case; App. xx. No. 3. f The Sutherland Add. Case, v. 61. 364 THE LIFE OF [MEM. V. Memoir of Thus, did the Queen's minion obtain titles to the Coun- tess's estates, legal, indeed, in appearance, but unjust, in their principle, and abominable, in the means.* He did not stop here, in his career of illegality, and injustice. In order to make such an acquisition more sure, the minister of Mary had, previously, obtained from James Steuart, the younger son of the late Earl, and uncle of Christian, a release of all the claim, which he could form to the Earldom of Buchan : In consider- ation of this release, the minister engaged, to maintain James Steuart in his house, till he should give him a benefice, or other provision of 200 marks, yearly ; and as soon, as the minion of Mary should obtain the estates of the Earldom of Buchan, he engaged to augment that provision to 300 marks for life. h Such, then, were the E For the charters of appreciation, in 1563-4-5, see the Privy Seal Reg. xxxiii. 44, 56, J 40 ; and the charters in the Great Seal Reg. h Privy Seal Reg. xxxiv. 49 : In which that agreement is recited to have been made several years, before February 1565-6: It was afterwards ratified, on the 18th of April 1567 = And the provision of 300 marks was yearly paid out of the revenues ef the Priory of Pittenweem. Ib. xxxvi. 48. It is to be remarked, that James Steuart's right was worth buying ; as he was the male heir of the earldom : and would have inherited it, as it was limited to male heirs ; but for the charter of the 4th of August 1547, vesting the earl- dom in the master of Buchan, and his heirs general, whereby the succession came to his female heir, Christian : Yet, as that charter was granted, in the Queen's minority, it was liable to revocation ; and her minister had the power of the 'Regent Murray.] THE SCOTISH QUEEN. 365 sad effects of living under a tyranny, where wicked men bore sway. After all those grants to the Earl of Murray, by the operation of which he obtained possession of the whole property, belonging to the Earldom of Buchan, he was still anxious, for a new one: On the 3d of June 1565, he obtained a charter from the Queen, on his own resig- nation, containing a new grant of the whole property to himself, and his heirs, male, and female ; whom failing, to Christian, the lawful daughter of the late John, master of Buchan, and the lawful heirs of her body, whom fail- ing, to James Steuart, lawful son of the late Earl of Buchan; whom failing, to the lawful heirs of the Earl of Murray. At the epoch of that grant, he was, in the height of his doing this, in his own hands, if the helpless heiress had at- tempted to quarrel his proceedings, in depriving her, by chicanery, of her inheritance. 1 Privy Seal Reg. xxxiii. 53 ; and the charter in the Great Seal Record. In the Treasurer's Accounts, there is, on the 26th of February 1565-6, a payment, by command of the King, and Queen, to the Clerks of the Session, " for writ- ing certain contracts, between James Earl of Murray, and the Countess of Buchan." What the contracts were does not ap- pear : Perhaps, he was obliged to make, some provision for the Countess, whom he had swindled out of her estate : On the 26th of February 1565-6, Murray was an exile, in Eng- land, on account of his rebellion against the Queen ; and did not return till after the assassination of Rizzio, on the 9th of March 1 565 -6 j when he came in by force ; expect- ing the Queen to have been dethroned, as the result of that conspiracy. VOL. III. B b 366 THE LIFE OF [MEM. V. Memoir of rebellion against the Queen, whom he was preparing to ruin, by similar arts. The unfortunate Countess of Buchan was induced, from poverty, to marry the second son of Douglas of Lochleven, who assumed her title : And, she lived, ob- scurely, with her husband, in the family of his elder bro- ther, within the ill-fated castle of Lochleven. Several years after the death of the Regent Murray, the Coun- tess of Buchan, and her husband, endeavoured to recover the estates, of which she had been cheated. On the 7th of April 1574, the regent Morton, who was the relative of the Douglasses of Lochleven, directed a charter, from the King, to be granted to the Countess, and her hus- band, of the estates, and heritable offices of the Earldom of Buchan. k But, this charter appears to have been in- effectual, at the time ; and the heirs of the Earl of Mur- ray continued to enjoy the estates, belonging to the Earldom of Buchan, though the descendants of the Countess Christian, kept up their claim ; and seem to have obtained a part, either by compromise, or com- pulsion. 1 Such clashing services to the estates of the k Great Seal Reg. xxxiv. No. 123 j the Sutherland Add. Case, v. 63. 1 On the 7th of September 1615, Mary Douglas, the Countess of Buchan, was served heir to her grandmother, Christian, the Countess of Buchan, in the estates, and offices, which appertained to the Earldom of Buchan. Rec. Inquis. Specialis, On the 21st of April 1615, James, Earl of Murray, was served heir to his grandfather James Earl of Murray, in the estates, and offices, which appertained to the Earldom of Buchan. Id. the Regent Murray.] THE SCOTISH QUEEN. 367 Earldom of Buchan evince, that those estates, and offices, were still subjects of contention, between the grand- children of the Countess Christian, Murray's first love. From this detail we may perceive, that nothing was too low, or too high, for the swindling ambition of the good Regent ; whether he bereaved a Countess of her marriage, and patrimony, or a Queen of her sceptre, her character, and her kingdom. No. VI. Of the Marriage, and Family, of the Earl of Murray. The year 1562 was one of the happiest, in the life of this extraordinary man. On the 30th of January 1561-2, he obtained a grant of the Earldom of Murray. On the 4th of February, thereafter, he was legitimated, a second time. On the 7th of this month, he acquired a grant of the Earldom of Mar. And on the 8th of the same month of February 1561-2, being Shrove-Sunday, Mur- ray, who was then, in the 3 1 st year of his age, was mar- ried to Agnes Keith, the eldest daughter of William, Earl of Marischal, whom Sadler, in 1543, reported, to be a goodly young gentleman, as bearing a singular good affection to Henry VIII., and to the marriage of his son to the young Queen : And this same young gentle- man was, soon after, engaged in the treasonous conspi- racy of Wishart, before mentioned, which ended in the foul assassination of Cardinal Beaton." 1 Such was the family into which Murray thought fit to match himself, m See No. I. in this App. 368 THE LIFE OF [MEM. V. Memoir of after bilking the Countess of Buchan. The triumph and feasting, continued several days, till the godly were all scandalized." The marriage was celebrated in court ; and the Queen gave a splendid entertainment, for several days, which she graced, by knighting nine gentlemen of Fife. The Queen, said Randolph to Cecil, liketh well his wife, and his choice was preferable to that of any of his brethren,* which went before him. Of this marriage, so solemnised, and so praised, and so blamed, there was issue: 1st. Elizabeth, in 1563, who, in 1580, married James Steuart, the son of Sir James Steuart of Down, in whose right, he became Earl of Murray, with deficient titles. 2dly. Annabel!, in 1564, who probably died, before March 1574-5. She is not mentioned, by any of the Peerage writers : But, her fa- ther, the Regent, on the 31st of May 1569, granted, in the King's name, to his second daughter Annabell Steuart, the n Knox says, " the greatness of the banquet, and '.he vanity thereof, offended many godly} then began the mask- ing, which has continued, from year to year since. The marriage was solemnized in the Kirk of Edinburgh ; and Knox gave them a serious admonition to behave themselves moderately, in all things." Knox, 302. Buchanan adds, that at this marriage there was such magnificent feasting, and immoderate luxury, that his friends were very much offended at it. Lord Dacre, the English Warden of the Marches, sent the Earl of Mar [Murray] a couple of very fat does, for his marriage j and by Mar's desire, Randolph requested Cecil to convey Elizabeth's thanks to Lord Dacre, for his attention. Randolph to Cecil, 21st Feb. 1561-2, in the Paper Office. Pitscottie. P Any other of the King's bastards. the Regent Murray."] THE SCOTISH QUEEN. 369 ward, and non-entries, annual rents, and possessions, which belonged to the late Edward Lord Crichton of Sanquhar, since his death, and till the entry of his heir ; and also, the marriage of Robert, his son, and heir ;^ 3dly. Margaret, in November 1565, who married Fran- cis, Earl of Errol, for his second wife, and died without issue. 1 4thly. Murray's wife is said to have miscarried, on the 8th of February 1566-7, at the time of Darnley's murder : One might suppose, from such a circumstance, that she was, in the foreknowledge, as well as her hus- band, of this atrocious assassination. No. VII. Of the several Titles to the Earldom of Murray ; of the various grants solicited, by the Lord James, for this Earldom ; and of the Queen's Expe- dition into the Northern Shires ; in order to put her bastard brother in possession, notwithstanding 1 Hunt- ley's right. James, Earl of Murray, the natural son of James IV., who obtained, from his father, in June 1501, the earldom of Murray, in fee, died on the 29th of December 1544,* without issue, though he had a child, Mary, who mar- i Privy Seal Reg. xxxviii. 58. r After Murray's expulsion, in October 1565, his wife was conducted to Berwick, there to be delivered of child. Bed- ford's letter to Cecil, from Hexham, 16th October 1565, in the Paper Office. 1 Smith's Chron. Harl. MS. 2363; and not on the 12th of June 1544, as the New Peerage has it. 370 THE LIFE OF [MEM. V. Memoir of ried John, the master of Buchan, and who died, without children, before his father : Thus did the earldom of Murray return to the crown, in December 1544, two years after the demise of James V., and the birth of Mary, his heiress. Earl James left his widow, Elizabeth, the daughter of Colin, Earl of Argyle ; and she held a part of the Earl- dom, as her dower. Soon after her husband's death, she obtained, on the 6th of February 1544-5, a lease for eleven years, of the remaining part of the earldom, which was not held by her, in dower, for which the Countess stipulated^-to pay to the Queen, as had been paid, by the late earl, according to his rental ; but, out of such pay- ment, she was allowed to retain sglOO. a year, with va- rious incidental perquisites, for keeping the Castle of Tarneway, the chief mansion of the earldom. 1 On the same day, Sir John Campbell of Calder, her uncle, ob- tained a lease, for eleven years, of Strathern, Pettie, and Brachlie, which were in the Queen's hands, by the death of the late earl ; for which he was to pay what the late lord had paid, according to the earl's charter of fee-farm." And, the Countess Elizabeth, with her uncle Sir John, soon after, obtained a grant of all the goods, which had pertained to the late earl, and were then in the Queen's hands, by escheat, or otherwise.* In this manner, then, were disposed of the whole estates, real, and personal, of James, late Earl of Murray. In 1546, the Countess Elizabeth married John, Earl of Sutherland: And on the 12th of June 1546, the Countess, and her husband, obtained a lease, for eleven * Privy Seal Reg. xviii. 114. " Ib. 1O9. * Id. the Regent Murray.] THE SCOTISH QUEEN. 371 years, of the whole earldom, except what she held of it, in dower, on the same terms, as the Countess's lease of the 6th of February 1544-5.? Elizabeth, Countess of Murray, and Sutherland, died, in the springtime of 1548 ; when that part of the earldom, which she held, in dower, devolved to the crown. The Queen-mother now interposed, in this profitable traffic ; and, on the 18th of May 1548, obtained a lease, for nine years, with- out payment of rent, for that part of the earldom of Murray, which the late Countess Elizabeth had held in dower ; and the Queen-dowager, also, obtained a grant of the rents, which John, Earl of Sutherland, then paid on his lease of the remaining parts of the earldom of Murray. 2 On the 12th of August 1548, John, Earl of Sutherland, obtained a lease, for six years, from Whit- Sunday, preceding, of all those lands of the earldom of Murray, which the late Countess Elizabeth held in dower, for which he agreed to pay such rents, as were con- tained in the late Earl's rental. Such, then, was the com- plicated state of the earldom of Murray, when it was granted, as we have seen, to the Earl of Huntley, in February 1548-9. The Earl of Sutherland had one lease of a large part of the earldom, till Whitsunday 1557, and a lease of a smaller part, or the remainder, till Whitsunday 1554: And, the Queen-mother, by her grant of the 18th of May 1548, had a right to the several rents, which were payable, by the Earl of Suther- land, till Whitsunday 1557. George, Earl of Huntley, and Chancellor of Scotland, on the 13th of February 1548-9, for his great services, i Privy Seal Reg. xx. 39. * Ib. xxii. 2. 372 THE LIFE OF [MEM. V. Memoir of in peace, and war, obtained, from the crown, a grant of the whole earldom of Murray, with its appurtenances, as well as the lands of Pettie, Brachlie, and Strathern,* which had belonged to the late Earl of Murray : the whole being united, and erected into an earldom, called the Earldom of Murray, and the Castle of Tarneway to be the principal messuage ; to be held of the crown, by ward, and relief, and marriage. b After this grant, Hunt- ley bore the titles of Earl of Huntley, and Earl of Mur- ray ; and he certainly bore those titles, when the Queen- mother obtained the regency, in April 1 554. It may be of use to inquire here, briefly, what was the state of the Lord James, the bastard, at that period. Born, in 1531, a bastard, he entered the world a mere adventurer ; as the law knew little of the rights of bastards. In 1 538, he was appointed, by his father, Commendator of the rich Priory of St. Andrews. In July 1548, when the Queen was sent to France, for avoiding the violence, and machinations of Henry VIII., the youthful Commenda- tor went with her, " to the sculis, and study." He seems not to have remained long, at the sculis of France ; as in the Council of the Scotican Church, which sat, at Edinburgh, in November, he appeared, and sat, as * Those lands, as we have seen, were held, by Sir John Campbell, by a lease, which would expire, in February 1555-6 : On the 8th of September 1552, Alexander, Lord Gordon, Huntley's heir, obtained a grant of the same lands, so held, by Sir John Campbell. Ib. xxv. 10. Lord Gordon died, before August 1553, without issue ; and was succeeded by his brother, George, Lord Gordon. b Privy Seal Reg. xxii. 86 ; and see the charter, in Gor- don's Hist, of the Gordons, the Regent Murray.] THE SCOTISH QUEEN. 373 "' Jacobus Prioratus Ecclesice Primatialis, S. Andreas Commcndatorius."* He soon after employed, his usual enterprise, in a very different affair. In January 1 549-50, he entered into a contract of marriage with Christian, the heiress of the earldom of Buchan : But, instead of fulfilling this con- tract, he cheated the lady out of her marriage, and the estates belonging to her dignity. This shows how early the Commendator had formed designs, to acquire estates, in the North, by whatever means. In 1550, he formed his corrupt connexions with England; by receiving money, from Edward the Sixth's ministers, as he then went to France, and as he returned. The Commendator soon after obtained, in France, owing to whatever interest, the rich Priory of Mascou, in commendam. d We have now seen how Huntley, and the Commendator, severally, acted, during the disastrous times of Mary's minority. Though Huntley had contributed, greatly, by his influence, to obtain the regency, for the Queen-mother ; c Sir David Dalrymple's Councils, p. 29 : As the Com- mendator was born, in 1531, he was now scarcely 18 : For reformation of an illiterate clergy, the Council passed Jifty- seven canons : What part our Commendator acted, appears not. d Goodall, i. 153: Pope Paul's Dispensation, for this, was dated the 7th of January 1555-6, which evinces, that our Commendator had obtained it, some time before : He owed this addition to his income, probably, to the recom- mendation, and influence, of the Queen-mother, who had for some time used the corrupt means, to obtain the regency of Scotland, in the room of Arran, the Governor. 374 THE LIFE OF [MEM. V. Memoir of yet, did she treat him, severely, owing to whatever cause. c In June 1554, an ordinance was passed by the Queen- regent, in her Privy Council ; directing Huntley and Argyle, severally, to raise an army, to carry fire and sword into the country of Clanranald, of Donald Goram, and of M c Leod of the Lewis. To destroy a whole people, by fire, and sword, was not very agreeable, nor an easy service, though such a process was not unusual in Scotish policy. On the 10th of October 1554, Hunt- ley came before the Regent, in council, to give an account of his conduct : When, after probation, and reasoning, it was declared, that he had failed ; and ought to be punished, at the Queen's pleasure : f This punishment was somewhat expiated, perhaps, by Huntley' s resigna- tion of the earldom of Murray. It is certain, however, that a Commission was granted, on the 2d of July 1 555, to John, Earl of Sutherland ; constituting him the Queen's Baillie of her earldom of e Her enmity may have, arisen, from this circumstance : She held a temporary grant of the rents of the Earldom of Murray, at the time, when Huntley obtained a grant of the whole Earldom, in fee. This circumstance was altogether unknown to the Scotish historians. The historian of the Gordons intimates, that Mons. D'Oysel insinuated to the Queen-regent, that Huntley's power was too great, and advised her, to diminish his authority. It is quite certain, that she extorted, from Huntley, a resignation of the earl- dom of Murray 5 as Gordon of Straloch intimates, in his account of Murray, in Blaeu's Atlas, 126. Lesley, and Buchanan, give very different accounts of the punishment of Huntley, by the Regent-queen : But, neither of them is quite accurate. f Keith, App. 70. the Regent Murray.] THE SCOTISH QUEEN. 375 Murray, and lordship of Abernethy, during the three following years :5 This Commission expired, in July 1558. But, the Regent-queen, by her imprudence, lost the influence, and support, of Huntley, during the revo- lutionary years 1557, and 1558: And thus, did the Regent, and Huntley, lose authority, and consequence ; while the Commendator gained both, by putting himself at the head of the zealots, for change, both in religion, and in power. The Regent saw, perhaps, her error too late. On the 28th of June 1559, she constituted the Earl of Huntley, Baillie of all the King, and Queen's lands of Braemar, Cromar, and Strathdee, in Aberdeenshire, and of Pettie, Brachlie, and Strathern, in Inverness-shire, during the five subsequent years, with the usual power of jurisdic- tion, and management ; the rents, and duties, to be accounted for, to the King, and Queen . h The Regent- queen, as she was pressed upon, by the Commendator, and his reformers, endeavoured to regain Huntley : But, the Queen, and Huntley, had now both lost authority ; since a new power had arisen, in the state ; and, perhaps, he had lost heart, and hope, from the mutability of her conduct. Yet, is it certain, that a lease was granted to Huntley, and his wife, Elizabeth Keith, and their heirs, and assigns, on the 3 1st of July 1559, during Jive years, from Whitsunday preceding, of the lands, fishings, reve- nues of the earldom of Murray, and lordship of Aberne- thy, with the appertenances, together with the keeping of the Castle of Tarneway ; they paying yearly into the Exchequer 2,500 marks Scots. 1 We may thus see what 8 Privy Seal Reg. xxvii. 119. h Ib. xxix. 79. 1 16. 86. 376 THE LIFE OF [MEM. V. Memoir of an interest Huntley, and his wife, had, in the earldom of Murray, till Whitsunday 1564: And, we may remem- ber, that the Commendator solicited, and obtained, from the Queen, in January 1561-2, a grant of the earldom of Murray, which clashed, extremely, with Huntley's right. On this simple state of the facts, we may, easily, perceive, that the Commendator commenced an attack on the Earl ; and not the Earl on the Commendator. But, let us examine this interesting subject a little more minutely. The Commendator being one of the Commissioners, who went to France, in February 1557-8, to witness the Queen's marriage with the Dauphin, seized that joyous occasion, to solicit his sovereign, for the earl- dom of Murray : But, the Queen, being apprized, by the Regent-mother, of his purpose, exhorted him to con- tinue, in the sacred office, to which his father had destined him ; and withall gave him hopes of church preferment, both in Scotland, and in France. The Commendator, for the present, submitted ; but, never forgave the Queen- regent, for his disappointment : And he urged the refor- mers, with more energy, to establish, by force, and fraud, what they could not obtain, by solicitation, and favour : k Hence, the tumults, and warfare, at home, and the asso- ciation with Elizabeth, till they proceeded the full length of displacing the Regent-queen, and of assuming the whole authority, and powers, of the sovereign Queen. The appointment of the Regent, as it had been settled, by the Estates, was thus pushed aside, by domestick fac- tion, and foreign intrigue : The Regent-queen died on the 10th of June 1560, which left Francis, and Mary, k Lesley's Hist. 533. the Regent Murray.'] THE SCOTISH QUEEN. 377 without any government, in Scotland : And, what they lost, in power, and influence, was readily found, by the Lord James, and his faction. The demise of Francis II. on the 5th of December 1560, was attended with the greatest effects, in Scotland. All parties courted the Queen, after it was understood, that she was about to return to her native kingdom. The Lord James, with the apparent powers of a Conven- tion, which had met at Edinburgh, again repaired to France, to wait upon the Queen ; avowing to her, that he had not any power, from any parties ; as he had come merely to offer his duty, and services : He now, however, solicited the restoration of his French pensions, which had been sequestered, on account of his rebellious con- duct : And, he again asked, for the earldom of Murray which, she declined, for the present, rather, than denied altogether; giving hopes of success, on her return to her kingdom, and the re -establishment of her government. 1 The Queen, whatever obstructions were opposed to her return, arrived, at Edinburgh, on the 19th of August 1561 : And whatever warnings she may have had, she put herself, and her government, into the hands of the Commendator, as her minion, and his associates, as her 1 lb. Every thing, on such an occasion, is important : The Commendator departed on the 18th of March 1560-1, from Edinburgh to France; taking his road, through England ; he saw the Queen, at St. Dizier, on the 15th of April; and he set out from Paris, on his return, on the 5th of May, through London, when, and where, he gave it, as his opi- nion, to Cecil, that the Queen's passage ought to be ob- structed. 378 THE LIFE OF [MEM. V. Memoir of ministers ; though both the minion, and the Secretary, had advised Elizabeth, and Cecil, to intercept her pas- sage. She could not act otherwise, without embroiling herself, with the Lord James, and his all-powerful faction, and incurring the open enmity of Elizabeth. She gave up her mind, so completely, to her minion, that she could deny him nothing: And hence, the absurd grants, which he asked, and she conceded : Such was the grant of the earldom of Murray, to the Commendator, under the Privy Seal, on the 30th of January 156l-2. m Suppo- m Privy Seal Reg. xxxi. 45-6. This grant, under the Privy Seal, was only an inchoate title ; to make a complete right required a grant, under the Great Seal : But, Huntley then had the custody of the Great Seal. There is an intricacy, in the grants of the family of Murray, says Lord Hailes, which will require some pains to unravel. On the 30th of January 1561-2, there was a grant to the Lord James, under the Privy Seal, as we have seen above. On the 7th of Fe- bruary 1561-2, the Lord James obtained a grant, under the Privy Seal, of the earldom of Mar, and to his heirs male. Id. of that date. This grant he soon after resigned : retain- ing, however, some of the lands belonging to the earldom of Mar. On the 22d of January 1563, he obtained another grant of the earldom of Murray, and to his heirs male. On the 1st of June 1566, on his own resignation, he obtained another grant of the earldom of Murray, to him and his wife, and their issue. In April 1567* the Earl obtained a ratification from the Parliament, of the grant of January 1563, and to his heirs male ; which Act of Parliament took no notice of the intermediate charter, 1566. \_Acta Parl.] Why he should relinquish the charter 1566, is impossible to deter- mine, says Lord Hailes, who did not advert, that the Earl the Regent Murray] THE SCOTISH QUEEN. 379 sing the Commendator's title to have been, as complete, as it was incomplete, what was the operation of law upon it? T he Earl of Murray would have now stood, as to Huntley, in the place of the crown ; and Huntley would have been let down, to be the tenant to the Earl, and would have owed his rent to him, instead of the Queen : And nothing more would have remained, suppose the change to have been, legally, effected, but to have given notice to Huntley, that he must acknowledge the Earl, as his lord, to whom he must, yearly, pay his stipulated rent." In common life, such solicitations, both publickly, had gone off to France, and left his political interests in the care of Morton, and Maitland, who, perhaps, did not know any thing of the charter 1 566, which certainly was larger, than that ratified by the Parliament of April 156*, which ratified so many titles. n It is impossible to conceive, that the Queen was ac- quainted with the complicated rights of Huntley, and his wife, on the earldom of Murray, at the epoch of her grant to the Commendator, on the 30th of January 1561-2 : But, the Commendator was, perfectly, aware of Huntley's pre- tensions : So secretly was that grant, under the Privy Seal, kept, that Randolph, the English ambassador, and associate, of the Earl of Murray, did not know any thing of it, till the Commendator took possession of the mansion-house of Tarneway, in September 1 562 ; and even then, the date of the grant was concealed from him. This appears, from his dispatch to Cecil, dated the 13th of September 1562, in the Paper Office. But, the late Lord Hailes, when he wrote the Countess of Sutherland's additional case, which was made publick, in 1770, might have shown to Dr. Robertson the several title-deeds of the Regent Murray, which were, accord- 380 THE LIFE OF [MEM. V. Memoir of and secretly, by one gentleman against the interests of another, would be deemed a personal affront : In this case, the conduct of the Commendator, is a proof of his designs on Huntley 's rights, whatever they were. Robertson, indeed, could not comprehend what ob- ject the Lord James, and Commendator of St. Andrews, could gain, by the ruin of Huntley, and his family : The following detail would have instructed the historian, both as to the minion's object, and his gains, by his guilty expedition into the northern shires : I . Lord James obtained possession of the earldom of Murray, and lordship of Abernethy, with the sheriffship of the county of Elgin, and Forres, and the Queen's firms, or revenues of the boroughs of Elgin, and Forres; and also the lands, and lordship, of Strathern, Pettie, and Brachlie, &c. 2. He obtained the sheriffship of the extensive county of Inverness, which then comprehended Inverness, Ross, Sutherland, and Caithness ; with the custody of the castle of Inverness, and the various lands attached to it ; all which belonged, heretably, to Lord Gordon, Huntley's heir. 3. He acquired the lands of Strathnairn, and Cardell, which, by the Queen's mandate, were transferred to Murray, by James Ogilvie, when he obtained the lands of Finlater, and Deskford, on the forfeiture, and death, of Sir John Gordon. 4. He acquired a lease of the extensive lordship of Badenoch, on the forfeiture of Huntley. ing to Lord Hailes, ambiguous, and intricate : But, ambiguity, and intricacy, are sure marks of design, and fraudulence ! the Regent Murray.] THE SCOTISH QUEEN. 381 5. He obtained a grant of the wardship of the estate of Culloden, which was held by Huntley. 6. He gained complete command of the north, which had been long enjoyed by Huntley. 7- His three bastard brothers acquired the chief estates of Huntley, in Banff, and Aberdeenshires, with the whole earldom of Sutherland ; all which, except Su- therland, were entailed on Murray; failing the lawful heirs of the several grantees. o Add to all those specifications of benefits to Murray, by the ruin of Huntley, what Randolph wrote to Cecil, from Aberdeen, on the 24th of September 1562: " It " may please your honour to know, that the Queen hath " given the earldom of Murray, (which was once Earl " Thomas Randolph's) to the Earl of Marre : It is both u more honourable, and greater in profit, than the other : " He is now no more Marre, but Murray." Randolph, in his letter to Cecil of the 30th of September, subjoins : " The Earl of Murray will do much good in this coun- " try : His power of men is great, and the revenue es- " teemed to a thousand marks, by the year. The To the injustice of the Earl of Sutherland's forfeiture was added, the insult of granting his earldom to his wife's bastard son, [Robert Steuart, junT a bastard of James V., by Eleanor, the sister of the Earl of Lennox,] while the Earl had, by his wife, several legitimate children, who were thus left destitute ; except the eldest, who was then under fourteen years of age, to whom were given some lands, in the barony of Aboyne, which his father had held of Huntley ; and which did not belong to the earldom of Sutherland, Privy Seal Reg. xxxii. 51. of the 6th of March 1563-4. VOL. III. C C 382 THE LIFE OF [MEM. V. Memoir of " countrie is pleasant ; the place called Ternawage very " ruinous, saving the house, very fair, and large, builded " like many, that I have seen, in England. The last Earl " was King James Vth's bastard brother, well beloved, " and well spoken of, in those parts : Since that time, the " whole countrie hath been under the government of " the Earl of Huntley ; and now being given away, " from him, hath lost great commodity, which maketh " him the more offended." [The original letters of Ran- dolph to Cecil are in the Paper Office.] These grants, indeed, to Murray's bastard brothers, and his own lease of Badenoch, fell upon the restoration of the Earls of Huntley, and Sutherland, some years after : But, Murray retained all the other estates, and offices, except the wardship of Culloden, that was restor- ed to Huntley's heir, when Murray went into rebellion. That there was a plot of Murray against Huntley, for his ruin, is now quite plain : Of any plot against Murray, much less any disloyalty to the Queen, there is not the least evidence. The letters of Randolph to Cecil are filled with the lies, and misrepresentations, of Mait- lancl, and Murray : But, Randolph, has this passage, in his letter of the 18th of September J 5 62, from Spynie : " At the Queen's coming northward, passing within four " miles of Huntley's house, after that he [Huntley] could, "by no entreatie, cause her Grace to come into his " house, he desired her to give leave unto my Lord of *' Argyle, to bring me thither, where we were two nights : " His house is fair, and best furnished of any house, that " I have seen in this country : His cheer is mervellous " great: His mind, then, such as it appeared to us, as " ought to be, in any subject to his sovereign."" [In the the Regent Murray."] THE SCOTISH QUEEN. 383 Paper Office, unpublished.] It is a remarkable fact, that in the attainder of George, Earl of Huntley, after his death, it is not so much as pretended, that he had done, or imagined, any treason, before the 28th of Augustl562, when Murray, and his faction, forced him into rebellion against his will : This implies, that they had no charge against Huntley, or his friends, before the 28th of August 1562. The rescinding act, 1567, is the best proof of their innocence. No. VIII. How far the Earl of Murray attempted to obtain from the Queen an Entail of the Crown, in favour of Certain Persons of the Name ofSteuart. (1.) At the Parliament holden, on the 13th of March 1542-3, the three Estates, declared James, Earl of Arran, the nearest to succeed to the crown, failing the Queen, and her issue.i (2.) After the ruin of Huntley, the forfeiture of Su- therland, and the expulsion of Bothwell, the Earl of Murray urged the Queen to entail the crown on the name of Steuart, and to place himself the first in the en- tail : But, she declined to violate the settlement, which had been made, on the lawful heirs. q This fact, then, seems to be incontrovertible. * Epistolae Regum Scotorum, App, v-vi. ; Acta Parl. i The convention of seven earls, twelve lords,eight bishops, and eight abbots, which met, at Dunbarton, on the 12th of September 1568, are express upon the point. [Goodall, ii. 358.] BishopLesley's Defence, of 1569, p. 36, is also positive, that the Earl laboured to induce the Queen, " to entail the 384 THE LIFE OF [MEM. V. Memoir of (3.) It is said, that this entail was intended to be made upon four persons of the Steuart name ; of whom the Earl of Murray was to be the first : It is more than probable, that the other three persons, who were in his intention, were his three bastard brothers ; John, Lord Darnley, and Commendator of Coldingham ; Robert, Commendator of Holyrood ; and Robert Steuart, jun. the son of James V., by Eleanor Steuart, the sister of the Earl of Lennox, and the Countess of Errol, and Sutherland. (4.) It is remarkable, that in all the grants, which were made to the Queen's bastard brothers, of the for- feited estates of the Earl of Huntley, and his sons, those estates were entailed on all the four brothers, in succes- sion ; the Earl of Murray being the first person, in the grants to himself, and the second person, next to the grantee, in the grants to the other three brothers : The grant, on the 6th of May 1563, of the sheriffship of Inverness, and of the custody of the castle of Inver- ness, with various lands thereto attached, was made to the Earl of Murray ; whom failing, to his brothers John, Robert, and Robert, in succession : The grant of confirmation, on the 6th of May, of the lands of Cardell, and Straithnairn, was made to the Earl of Murray ; whom failing, to his three brothers, in suc- cession : r The grant of confirmation, of the 6th of May 1563, " crown upon himself, though he were illegitimate, and in- " capable thereof." [Goodall, i. 199. Dalyel's Introd. to the Scot. Poems, 68-9.] He had been twice legitimated, by the Queen. ' Privy Seal Reg. xxxi. 74-5. the Regent Murray.] THE SCOTISH QUEEN. 385 which was made of Cardell, and Strathern, was, to the Earl of Murray, and his heirs male ; whom failing, to his three brothers, in succession. The grant, on the 4th of June 1563, was made to John Lord Darnley, and his heirs male, of the lordship of Enzie, and forest of Boyne ; whom failing, to the Earl of Murray, and his two other bastard brothers : s The grant, on the 22d of June 1563, of various lands in BanfFshire, was made to John, Lord Darnley, and his heirs male ; whom failing, the property was entailed on the Earl of Murray, &c. :* The grant, on the 1 6th of June, was made to Robert, Commendator of Holyrood-house, and his heirs male, whom failing, it was entailed on the Earl of Murray, &c. : u When John, Lord Darnley, died in autumn 1563, his estates were granted to his son, and his heirs male, on the 6th of March 1 563-4 ; whom failing, they were to result to the Earl of Murray, &c. : x When the lordship of Darnley was restored to the Earl of Lennox, in December 1564, Huntley's lordship of Badejioch was granted, in lieu of it ; and entailed, in the same manner, on the Earl of Murray. y From all those records, we may now perceive, that the ambition of Murray was unbounded ; the crown was not too high, nor those obscure lordships too low, for the mighty grasp of his ambitious cupidity. ' Ib. 105-6. l Ib. 130. u Ib. 117- x Ib. xxx. 73. ' y Ib. 121. 386 THE LIFE OF [MEM. V. Memoir of No. IX. An Investigation of wliat the Earl of Mur- ray had acquired, before he went into Rebellion, on account of the Queen's Marriage, on the 29th of July 15G5. As the King's bastard, he entered the world, without property, or rights ; but with some pretensions : Born in 1531, he had acquired, by fraud, and force, before he was thirty-four years of age, the following preferments, and estates : 1 . The priory of St. Andrews, the richest, in Scotland, which had been given him, in commendam, by his father, in 1538. 2. The priory of Pittenweem, which was conferred on him, by the Queen-regent, in 1555. 3. The earldom of Murray, and lordship of Aber- nethy, and also Strathern, Pettie, and Brachlie, of all which he obtained a grant, from the Queen, on the 30th of January 1561-2; and acquired possession thereof, in September 1562, by his artifices, and crimes. 4. He held the castle of Inverness, with various lands, which were attached to it ; and the sheriffship of the extensive county of Inverness ; comprehending Ross, Sutherland, and Cathness ; all which he obtained, from the Queen, upon the illegal forfeiture of the Lord Gor- don, who held the whole, heretably. 5. The lands of Strathern, and Cardel, which by the Queen's mandate, were transferred to him, by James Ogilvie, who obtained the lands of Findlater, and Desk- ford, on the forfeiture of Sir John Gordon. 6. The estates, and jurisdictions, of the earldom of Buchan, of which he deprived the heiress, by the un- worthy means of illegal grants, which he obtained, by the Regent Murray.] THE SCOTISH QUEEN. 387 charter, under the great seal, when he acted, as the Queen's minion. 7- The extensive lordship of Braemar, Cromar, and Strathdee, of which he obtained a grant, from the Queen, in fee-firm, in December 1564; but, in disherison of the family of Erskine. 8. He had also a lease of the lordship of Badenoch, and the wardship of Culloden, which he lost, by his re- bellion ; when all these were restored to Huntley. Enjoying all those vast possessions, with remainder entail of many others, the Earl of Murray was the richest, and most powerful subject, in Scotland, by means of the Queen's imprudent bounty, and his own gross rapacity ; all which his ambition threw upon the cast of his rebellion. It does not appear, that Murray was deprived of that vast property, by his rebellion ; and he was reinstated in possession of the whole, by the Queen's pardon, on the 21st of March 1565-6: The assassination of Rizzio, whereby, he was restored, in fact, happened, on the 9th day of the same month of March. Though he was thus restored to his vast possessions, by the liberality of his sister, and Queen : Yet, owing to the parsimonious supplies of Elizabeth, the protector of his ambition, he was, by his rebellion, involved, in pecuniary distresses, which hung upon him, who courted the attachment of many dependants, during his life, not- withstanding his great resources, from the priories of St. Andrews, and Pittenweem. Privy Seal Reg. xxxv. xxxvi . andxxxvii. On the 31st of January 1566-7, only ten days before the murder of Darnley, Murray obtained a fresh grant, 388 THE LIFE OF [MEM. V. Memoir of from the King, and Queen ; stating that Murray having. in tfieir majesties' 1 service, super-expended his rents, and patrimony, and incurred debts, was forced to set the lands of the priories of St. Andrews, and Pittenweem, in feu [ground-rent,] and the kirks, teinds, and teind- sheaves thereof, in lease for nineteen years ; receiving grassums [fines] for the same, which feus, and leases, their majesties have already confirmed, or are to confirm : They, therefore, ordain, that all feus, and leases, made, or to be made, by him, as Commendator of the lands, kirks, teinds, and teind-sh eaves, belonging to the said abbeys, shall be as solid, and good, to the persons, re- ceiving the same, as if they had been leased to the utter- most avail of the rental. \Prvuy Seal Reg. xxxvi. 1 .] The statement, in the preamble of this grant, that he had incurred his debts, in their majesties' service, is very remarkable; but, the real fact could not be openly avowed, that he had incurred so many debts, by a rebel- lion against their majesties. While Murray had the di- rection of the Queen's affairs, he not only obtained grants of vast possessions, for himself; but also provided, for his numerous adherents, by offices, pensions, and grants of the casualties to the crown belonging. After he went into rebellion, he was obliged to reward his many de- pendants, from the revenues, and lands, of his two priories ; as hath been shown above. [See the Privy Seal Reg. xxxv. and xxxvi.] We have thus seen what vast estates he obtained, while he was the Queen's minion. It is now proper to inquire, what acquisitions he made, after he dethroned the Queen, and became Regent, for her son. The same faction, which dethroned the Queen, made the Regent Murray.'] THE SCOTISH QUEEN. 389 an act of their council, on the 21st of July 1567 ; pro- hibiting the payment of rents, duties, or other income to Patrick Hepburn, the bishop of Murray, and abbot of Scone ; as he had received into his house his relation, the Earl of Both well . z The bishop, under such circum- stances, was induced to grant to the Regent Murray, his heirs, and assigns, the whole lands, ports, fishings, with the pertinents, which belonged to the bishoprick of Murray, to be held, in fee-firm : And this grant was con- firmed, by a charter, on the 1st of October J569. a The bishop made another grant to the Regent, and his heirs male, of the office of baillie, and justiciary, of the rega- lity, and lordship of Spynie, which belonged to his bishop- rick, with the custody of the castle of Spynie, the lake, and wood of Spynie, with ^he cunningares, gardens, or- chards, and the pertinents, lying about the castle, and also of 2007. annually, received out of the rents of the regality of Spynie. This grant was also confirmed, by a charter, on the 16th of December 1569. b The first of those grants deprived the bishoprick of its lands, and fishings ; and the second would have denuded it of the castle, and its jurisdictions, and pertinents ; if the Re- gent had not soon after died, without heirs male. The abbey of Kelso had been conferred, by the Queen, on her infant nephew, Francis Steuart, in lieu of the priory of Coldingham, which his father had held. In * Why ; the Earl of Murray, two days, only, before he set out, for France, entertained Both well, to meet Eliza- beth's envoy, Kyllygrew, at dinner, after he had been charged with the King's murder. a Privy Seal Reg. xxxviii. 86. b Ib. 106. 390 THE LIFE OF [MEM. V. Memoir of 1569, the Regent Murray obtained, from this boy, his nephew, and William Lumisden, the rector of Cleish, his administrator, during his nonage, a grant to him, and his heirs male, in fee-firm, of the whole estates of the abbey of Kelso ; comprehending the town of Kelso, and many lands, mills, fishings, and other property, in the four shires of Roxburgh, and Berwick, Dumfries, and Peebles : This grant was confirmed, by a charter under the great seal, on the 10th of December 1569. c This opulent grant was, also, disappointed, by his sudden death, without male heirs. So endless, and exorbitant are the desires of men, that they will grasp at all, and can form no scheme of perfect happiness, with less : The ambition of Murray was, unbounded ; his voraciousness was insatiable ; and his success, both publick, and private, went even beyond his hopes. We have said nothing of the 5000/. sterling, which he received of Elizabeth, as his wages, for calumniating his sister, and benefactress, nor of the ecclesiastical revenues, which he enjoyed, in France. No. X. How far Sir William Steuart, the Lion-king- at-arms, was guilty of imagining the Death of the Regent Murray. This seems to be a subject, at once interesting, and obscure, which may be somewhat illustrated, but not al- together cleared. He appears to have been an officer, who was regularly bred, in the college of arms. As Albany herald, he was sent, by the Regent, on the 29th c Ib. 106. the Regent Murray. ~\ THE SCOTISH QUEEN. 391 of September 1567, on the King's affairs into Norway, Denmark, and Flanders : d He was probably sent, to give and receive, notices, in those countries, about Bothwell. Whatever his business were, he seems to have given sa- tisfaction ; as he was soon promoted. On the 20th of February 1567-8, William Steuart, Ross-herald, received a commission ; constituting him lion-king-at-arms, in the room of Sir Robert Forman. e On the 22d of the same month, he was inaugurated, in the kirk, after sermon, in the forenoon, in presence of the Regent, and nobility/ On the 2d of August 1568, Sir William Steuart, the lion-king, was sent, from Edin- burgh to Dunbarton-castle ; being suspected of a con- piracy against the Regent's iife.g On the 19th of Au- gust 1568, Sir William Steuart, wrote, from Dumbarton, the following letter, 11 in justification of his own inno- cence. Here he remained a twelvemonth, while Mur- ray was in England ; but, he was removed to St. An- drews, in August 1 569 ; where he was tried, and con- victed, and executed, not for imagining the death of the Regent, but for witchcraft, and necromancy. 1 d He received of the Treasurer, 140 crowns at 33s. a piece, or 23 U., for his expenses; as appears by the publick accounts. On the 9th of June 1568, Sir William Steuart received, by the Regent's orders, for expenses, disbursed by him, in the King's affairs, in Denmark, 94 1. [/d.] e Privy Seal Reg. xxxvii. 45. f Birrel's Diary, 14. s 16. 17- h Cot. Lib. Calig. B. ix. fol. 272. * Hist, of K. James, 48-66. He was put to death, in August 1569 : There is the note of a letter, to this effect, from Lord Hunsdon to Secretary Cecil, dated, at Berwick, on the 30th of August 1569; saying, " Paris was put to 392 THE LIFE OF [MEM. V. Memoir of On the 22d of August 1568, Sir David Lindsay, the younger, was inaugurated, as Lion King, in the room of Sir William Stewart, On the 13th of September 1569 however, a grant was issued to Dorothy Crunsie, the relict of the late William Stewart, Lion King, of the escheat of all his property, which fell to the King, by the said William being convicted, and put to death, for witchcraft and necromancy* He was put to death, then, without being convicted of any offence. He had, however, Lord Fleming, for his lord, and master, which was no doubt, a crime, in the Regent's contemplation. Though he never conspired, nor consented to the Earl of Murray's death ; yet, he spoke of his faction, as monstrous, and treasonous. It is upon the whole apparent, that he fell under the axe of a tyranny, which put him to death, not for what he had done, but for what he wished to do. His widow was, probably, protected, by Secretary Mait- land, who, perhaps, owed something to the husband, which he now repaid to the widow. death a fortnight since ; and so was Stewart, who was King of Heralds, who had determined, to kill the Regent : but, he was forgiven, for that, and was burnt, for conjuration, and witchraft." Laing's Dissert. App. 269. In other words, the prosecutors had no evidence against the Lion King ; and therefore, they charged him with an imaginary crime, for which he was burnt. k Privy Seal Reg. vol. xxxviii. fol. 76. the Regent Murray] THE SCOTISH QUEEN. 393 SIR WILLIAM STEWART'S LETTER, from the Cotton Library, Col. B. ix. 272, follows : My Lord, I dowt not bot the writing send be yow to my gud lord and maister my Lord Flemyng was be the instigation of sum wthir, for I can not think that ye can be sa ingrait as to seik my innocent lyf and bluid consid- dering that I have sa favorablye and sa oft foirwarned yow of the gret miserie that ye ar lyk to fall in now for not following my consell and admonitions maid oft and in dew tyme. Desist I pray yow to seik farder my bluid, for as I sell anser to the eternall God I newir conspyrit nor consentit to the Erie of Mirrayes dethe. And giff ye will persist remember of Isopes taill of the Lyoun and the Mouse and turne it wpsyd doun. I feir yow not, nor nane of that moristrus factioun, for as God is the de- fender of innocentes, sa is he the just and seweir punisher of cruell monsters and tressonable tiranes and wsurpers quha spaires not to execuit al kynd of cruelte wnder the pretext of religioun and justice: For, to accomplisse and performe the wnnaturell ingrait and ambitiu disseints [designs] I am innocentle persecutid accusit and de- tractit : Bot, ther be sum of his awin secreit consell that baith directle and indirectle have socht that bluidy wsur- pars lyf quhom I sell name as occasioun sell serve. Be therfoir I pray yow rather ane protectour than ane per- secutour of my innocent lyf and advertise me giff it be your gud plesir quhat ar the crymes quherof thai accuiss me, and quhat may mowe thaim thus ernistlie to seek the lyf of sa semple ane creatour quha never to this hour offendit small nor gret, in honour lyf land nor gudes. I pray yow be favourable to the persoun of Kenmore, and 394 THE LIFE OF [MEM. V. Memoir of with sic as have mellit with my apparel 1, bowes, and buiks to keip all weill, till meeting quhilk will be sone God willing, quhom I beseik to keip yow ewin as ye wald I war preservit. From Dumbarten the 19 August 1568. be your as occasoun sel be offred, WILLIAM STEWART. No. XI. In Secretary Cecil's letter of the 26th of June 1567, to the Ambassador Norris, at Paris, Mr. Robert Stewart was, emphatically, mentioned, as a person who, might be made privy to Murray's affairs. [Cabala, 128.] And a question, naturally, arose, who, or what, was Mr. Ro- bert Stewart, at Paris. There is an original letter, in the Cotton Library, Calig. C. i. f. 122, from Mr. James Gordon, at Paris, 7th July 1 568, to the Regent Murray, which explains this point: He says, that Robert Stewart, the Regent's " maist faithful cusing, and serviteur," sent, him a packet of letters, from Noyerris [Norris, Q. Elizabeth's Ambas- sador, in France] to be sent to the Regent, by a sure bearer, and which, he has delivered to Captain Cog- brun, whose fidelity and affection to the Regent's service is sufficiently known. Being requested by Robert Stew- art to send the Regent any intelligence, that he could procure, he informs him that, " he learnt from a person of credit, that Queen Mary's deliverance out of England is bought, and sauld ; the means is sent out of France to the Duke of Albe, who causes the Spanish Ambassador^ in England, practise with the lords of England, who have the Regent Murray.'] THE SCOTISH QUEEN. 395 taken in hand, to deliver her ; but, who those lords were he did not learn." This document throws some additional light upon the Steuarts, who performed such infamous deeds, in France^ during that age. This Robert, I am persuaded, though Renault calls him James, was the same person who pis- tolled the Constable Montmorency, at the battle of St. Denys ; and who, being taken at the battle of Jarnac, in March 1569, was put to death, says Renault, for the murder of Montmorency. We hear no more of this Robert Steuart : But, we have seen enough to perceive, that Cecil, and Murray, kept such infamous men, at Paris, for such villanous actions. No. XII. At the epoch of the Queen's escape from Lochleven- castle, and repair to Hamilton, on the 4th of May 1567, Doctor Mackenzie, in the Life of Mary, says: " Nei- ther was the press idle ; many satires being published, by both parties against one another ; but particularly, there was one poem, that made a great noise, entitled, * The double dealings of the Rebels in Scotland ;" wherein the whole life, and villainies of Murray were laid open ; but who the author was, could not be discovered." The sa- tire itself, he adds, is to be found among Mr. Crawford's collections [in the Advocate's Library, at Edinburgh] ; but copied, by him, from a transcript, in the Cotton Li- brary, Calig. C. i. f. 27 1 If it ever were printed, I doubt : If it were, it should seem to me, to have escaped the avidity of the collectors ; the then ruling powers hav- ing destroyed every copy. 396 THE LIFE OF [M EM . V. Memoir of It is now laid before the publick, from the above men- tioned copy, in the Cotton Library. It is full of histo- rical, and useful truths ; and we ought not to be surprised that it should have made a great impression, when it ap- peared, whether in manuscript, or in print. A RYME, in Defence of the Q of Scots, against the Earl of Murray. [ixDecemb. 1568.] Tom Trouih to the Envious. If Momus children seke to knowe my name, and where I dwell ; I am TOM TROUTH, and my abode I list not it to tell ; For wise men loue not to enquire who, where, but what is said ; Andholde themselues therewith content till further proufe be made. The double Dealinge of the Rebells, in Scotland. If tongue could tell, or pen could write, the craftie cloaked case, Or yet the treasons to recyte of this newe Regents grace ;' Then Tullie's stile, or Virgil's verse, of God sure would I craue, His shameles acts here to rehearse, as he deser^ps to have ; But that were farre aboue my reach, and more than well could be, Sith he all others doeth excell in craft and crueltye : Yet can I not with silence passe his vices strange and rare, But that I must set furth the same, the truthe least I should spare. And nowe since that it is my luck, unfittest though I be, Tliis Caco's ofspring to advance, as semes to his decree ; I pray you take it in good parte, whats'euer I shall saye, In setting furth his shameles acts, whose shame shall not decaye ; Yet can I not set furth the same, nor in suchwise expresse, As fittest were for one past shame, and past all godliness. This traytour tyrant of our tyme, this Sathan's seed, I meane, This rebell Regent, that his prince to mate doeth not disdaine ; This perfect patterne of deceipt, whose high and haughtye minde Is pufte so full of pride, that hard it were, the like to finde : This Miil'iill seed of lothsome life, this bastcrd past all grace, At" Glocestcr, that traytour vile, a perfect paterne chase : 1 He received that high office, in August 1567. m To crush. Shakspcare. " Of. the Regent Murray.] THE SCOTISH QUEEN. 397 Who, to obteyne that kingly seate of this most worthy land, His brothers sonnes, his nephewes dere, to guyde they toke in hand : The lainbes, alas ! unto the wolfe, to guyde committed were ; Who murdred them, to haue their place, as storyes well declare : But, shall I say, this traytour nowe, at him did learne his lore ; Who doeth surpasse his vvilie wit a thousand folde and more. A scholler sure, of pregnant wit, and apt for such a place, Who trayned up was in the schole of lyeing Sathan'j grace ; Where he hath learnd a finer feate than Richard earst did see ; To doe the deede, and laye the blame on them, that blameles be : For he, and his companions eake, agreeing all in one, Did kill the kinge, and laye the blame the sakelesse queene upon : And that this deed, to each man's sight, might seme to be mostplaine; They drewe her from her spouse that night, by craft and subtill trayne ; And fegued that her sucking sonne was in great danger brought; Wherefore, with speed, to visit him the messenger besought ; Which subtill shift, so feately wrought, was cause men thought it trewe, That she of purpose parted thence, and of the murder knewe : For if that both at once had bene there murderd, at that tyme, Then might each babe, with half an eye, have spyed who did the cryme ; And this suspicion to increase, they found a newe devise, That Dothwell, chiefest murderer, was tryed byassisej And found not guilty, by his peres, of whome the chiefest be, Such as the king's death did conspire, and knewe as well as he. They cleared him eke, by parliamente, O traytour false and vile, That they their good and vertuous queene might soner so beguyle : And when that he was cleared both by sise, and parlament, To marry then they went about to hauc her to consent : They sayd that she, the realme, and they, should so most safest be, From danger of all civill strife, and outward enemy. Alack ! good Q., what hap hadst thou, so oft thy foes to trust, Couldst thou not shun these biteing beasts who then had proved unjust? But, who, I pray you, was the man, they willed her to take ? Forsooth, the chiefest murderer, whom they most clere did make : And that their purpose, once begun, might come unto an end ; They caused traytour Ledington on her still to attend : That this false Machevilian attempt her euery waye, Whose poysoned words, so sugered were, that she could not say nay ; But did consent to their request, suspecting nothing lesse, Than they such false deceipt to meane, and use such doublenesse ; But, when the wofull weding daye was finised and past, VOL. III. D d 398 THE LIFE OF [MEM. V. Memoir of Their boyling malice, that laye hid, in rageing sort out brast : For they that were of counsell both to murdering of the kinge, And to the mariage, gan to spread howe Bothwell did the thinge ; And howe he took away the Q. by force against her will ; And sought himself to raigne as kinge, and eke the prince to spill. But, (bastard,) nowe the truthe is knowne, how that thyself it was, That sought to spill both prince and Q., and to possess their place. But, when amongst the simple sort this rumour once was brought, It ran abrode, from place to place, more swift than can be thought j So they not priuy to the sleight did think it for most sure, That she, to wed the murderer, the murder did procure. And thus, this simple Q. each way was wrapt in wo and care, For they that cannot skill of craft are sonest caught in snare. And then the traytor Ledington, in treason neuer slack, At hand for pickpurse still before began to start now back, And fled unto her fruyteles foes, her secrets to bewraye : Like will to like, the proverb saith, You know the old said sawe. Then Murray that, of longe before, this murder did devise, Did voyd the land, the rather so, to blinde the simples eyes : And then his fellow-traytors all, the more their cause to clere, Did rise in armes, against their Queen, as though she guilty were : But she, to saue the saikles blood, not willing to offend, Did leaue her power, and ofired them, all things amisse t'amend. The traytors, not therewith content, did lead her thence away ; And changed all her braue attyre into a. frock of grey: That done, they lead her furth by night unto Lochleuen hold ; And kept her there, in prison close, that no man see her could. Then when they had thus brought to passe their traytorous false desire ; They sent, with speed, to bastard James, and willed him to retyre : Who, coming home, for loue he bare the prince, as he did saye, Did take in hand to rule the realme, lest it fell in decay. Howe well this traytor loues the child, committed to his guarde, Is plaine in that the mother dere he kept in crewel warde ; And caused her there, by forced fact, the present death to shunne, Her royal crowne for to resigne unto her tender sonne j And make this minyon Murray eake, chiefe Regent of the land, Untill the prince of lawful age the same shall take in hand : Which while he would, as Richard did, if he might haue his will, His nephew younge, his sister's sonne, by secret meanes to spill : To destroy. the Regent Murray.] THE SCOTISH QUEEN. 399 And then he would usurpe the crowne, as next heire to the same ; Which doeth appeare, in that he doeth his father so defame ; And saith his mother precontract was, in most solemne wise, Unto the kinge, before that he was maried to the Guise : Althoughe that wisemen know the truth, this sorceress how she wrought, By rings, and witchcraft, from the Q. the king's minde to have brought. And thus this traytor doeth debase the Q. in all he can ; That from her grace withdrawe he might the hearts of every man. A cowle, a cowle, for such a Greke, were fitter for to weare, Than this Apostat deacon should such princely rule to beare, But where is now true discipline, dare no man take in hand, To teach such false Apostate monks their faults to understand; And make this base born deacon come home to his former state ; From whence the Lither Lozell fled, least he should Hue too straight. But sure no marvell though God's rod hath plagued this noble dame, That gaue to monks, should serue in church, such place of worldly fame. Yet he not all unmindful of this ladies grateful deed, Did purpose, with a cruell death, to quit her for her nede : But God Almightie, in whose hands the harts of princes be, Preserue her from this false attempt, and vile captivitye. And when this noble prey was past this brother's bloudy might, He rages, like a Tiger fell, for sorrowe and for spite : So seeing that he could not then this noble Q. to spill; Upon her faithful subjects he began to work his will : For some he cast in prison depe, no cause at all thereto ; And some he thrust out of the realme, to work them greater woe ; And some he put to cruell death, his rage for to fulfil : No means he left there unattempt her subjects liues to spill: Yet, not content, in this great rage, on men to play his part; In spight of God, against his Church, he gan to shewe his art ; And pulled thence both bells and lead, with Jewells many one ; That he and his companions might more brauer therein gone. For sure I am, that some of them, amongst this trayterous trayne, Haue on their back more lead at once than couereth churches twayne. So that no hardned hearte of brasse but would lament right sore ; To see prophaneing of each place as serued God of yore. And when he had this sacriledge comitted euery where, On loftye towres, and castles stronge, his rage did then appere. On Dunbarre first he spued his spite, a castle fayre and stronge, And there he wrought both day and night till it was layde alonge : Then justeth furth, and Lochinvar, so semely to the shewe, He spoyled them first, and sackt them then, who could more cruell doe? 400 THE LIFE OF [MEM. V. Memoir of The Lard of Stirling's house, likewise, did fele the former chance, Which trayterouslye he did deface, his glorie to advance. Then Roslin Bower, of braue attyre, which Saintclere doth possesse, Most shamefully he ransackt so, to work him more distresse. Lord Hen-is lands, that baron bolde, who let p him of his will, When he was gone, throughout the same, he did both rob, and spill. But, what should I here longer staye eche place here to wryte, Sith few there are but that his rage hath now defaced quite ? When he had wrought his wilfull wit, and had his false intent, To blinde the eyes of faithfull men, he called a Parliament ; Where flockt his fellowe traytors all, both Morton and M c Gill, With Lindsay, Marr, and Ledington, yea Balfour laye not still, With other of this fruyteles flock, and falsely did invent, That all things there concluded were by full and whole consent. Thus sinfull Sathan workt his will, through these his children dere; But, falsehood raignes instead of right, as here it doth appere. Yet, have they not so slilye wrought, though Sathan was their guide, But that their treason, every deale, at last is well espied : For they, to seme more innocent of this most haynous deed, Did catch four of the murderers, and put to death with speed : Whereby they hope to make men think herein that they were chre, Sith justice they did execute on some that guylty were ; As Hepburne, Dagleish, Powry, too, John Hay made up the messe : Which four, when they were put to death, the treason did confesse : And said that Murray, Morton, too, with others of their rowte, Were guyltie of the murder vile, though now they loke full stoute. Yet some perchance do think that I speake for affection here; Though I would so 3000 can herein true witnes beare ; Who present were, as well as I, at th' execution tyme, And heard how these, in conscience prickt, confessed who did the cryme, Wherefore all princes take good heed, let this for warning stand, And trye before you trust, I warnc, lest check be ncre at hand. But though his check it semes so sure that mate is now at hand ; Yet may his Q. such gward procure as shall his force withstand ? And then she may, as he began, bid check mate ther menzie'' And warne him, since his force is done, to yeld or els to flye. To yeld, I meane, from false attempt, and flye such vaine request ; And gward himself, with reasons rule, and set his heart at rest ; Hindered. > Their followers. the Regent Murray.] THE SCOTISH QUEEN. 401 And spend no more his tyme in vayne, such false attempts to tryc ; Least if they use them ouer oft he'll clime I feare to highe. And thus I cease, and make an end, and wish him to beware No more such checks and tawnts to give, least he be caught in snare. FINIS Q d TOM TROUTH. The foregoing Poem gave rise to inquiries, even, at London, which evince what impressions its truths had made. In the Cotton Library, Callg. i. 296, may be seen the examinations of Thomas Bishop, a profligate dependent of Lennox, in March 1568-9, on this topic!< ; he being then in the Tower of London. that having pressed the Lords for an answer to such matters as he had proposed to them, the Earl of Morton answered me : " That shortly I should have answer from them ; but, the day being destined to the communion, con- tinued preaching, and common prayer, they could not be absent, nor attend matters of this world ; as they must first seek the matters of God ; and take counsel of him, who the Regent Morton.'] THE SCOTISH QUEEN. 491 They deluded Throckmorton, by false infor- mation, of the Queen's sentiments, and inten- tions : They even made him believe, that their own intentions, with regard to her resignation of the crown, came wholly from herself. If so experienced a minister, as Throckmorton, had not been deluded by his own prejudices, and Cecil's arts, it seems impossible, that he could have been so misled, by the most artful misre- presentations. Secretary Maitland was the in- strument, who was employed by Morton, and his secret council, to deceive Elizabeth's En- voy. 11 There was a kind of general deception : could best direct them." Keith's Pref. xi. What a wretch was Morton ! To consult a God, infinitely just, to direct them in the commission of the grossest crimes, and in the doing of actions, enormously unjust ! P See Throckmorton's letter, abovementioned. Keith's Pref. xi. Maitland delivered to the English envoy a long paper inscribed, as the answers of the Lords of secret council. The topicks were such, that they felt it to be un- safe to sign it. Throckmorton asking the meaning of the words near the end of their paper the necessity of their cause, Maitland, shaking his head, cried out: " You are a. very fox." Maitland would not avow the meaning to be, that necessity might induce them to put the Queen to death ; as they had pretended a similar necessity, for sending her to solitary confinement in Lochleven. After calling the church assembly, contrary to Throckmorton's advice, and inflaming the members with fanaticism, he avowed, that the Lords of 492 THE LIFE OF [MEM. VI. Memoir of The clergy deluded the people, while the prea- chers deluded themselves, by their fanaticism. The conspirators deceived each other. Mait- land deceived Throckmorton : And in the midst of all those delusions, Cecil deluded Eli- zabeth, who had on that occasion some good meaning, which was perverted, by her minis- ter, who meant to dethrone Mary, and to in- stal Murray, as Regent. Amidst these delusions, the assembly of the church, which had been appointed to meet, at Edinburgh, convened on the 21st of July 1567 . q Their endeavours to entice the nobles of Ha- milton, toEdinburgh,withmany smaller barons, and several towns, failed of the intended effect, though some of them sent apologies/ Yet, the zeal of the preachers, in various districts, in- duced many persons of less note to attend. This zealous assembly sat, at Edinburgh, on secret council could not guide. He avows their purpose to compel the Queen, by whatever means, to resign her crown ; and to confer it on her son. He says, that Knox, cried out for condign punishment on her : " For, they be very auda- cious j" says Throckmorton, " and it appcareth their hearts be marvellously hardened against their sovereign, which God mollify." Id. And yet she had been committed to Loch- leven-castle, where she still remained, without a charge ! i Keith, 577, 1'ref. xii. 1 Knox, 4 10; Spottiswoode, 200 ; Keith 408-577-8-9. the Regent Morton.] THE SCOTISH QUEEN. 493 the 21st of July 1567, and on the four follow- ing days. 5 As the clergy lent themselves to the conspirators ; so were the conspirators now required to aid the clergy : And, they were both equally interested, though the clergy must be allowed, to have been most sincere. The assembly followed the footsteps of their prede- cessors, in 1560: And one of their fundamen- tal measures was an engagement to maintain the Parliamentary proceedings of 1560, for es- tablishing the religion, and for the suppressing of papistry. They followed up this measure, by several resolves, for securing the patrimony of the church to the preachers of the true re- ligion, though to regain the appropriations of the laity required many a struggle. Other measures, they at length adopted, which were of a more temporary sort ; and which being the great objects of this convention, were sub- scribed by every one of the assembly. 1 But, s Keith, 577-81. 1 Keith, 581-3 : At the head of the subscribers were Morton, and after him were the Earls of Glencairn, and Mar, the Lords Hume, Ruthven, Sanquhar, Lindsay, Ochil- tree, Sir James Balfour, and Secretary Maitland : The 6th article was for the punishment of the King's murder ; Morton, and Maitland, being two of the murderers : Art. 7 and 8, were for defending the Prince, and for his godly education ; he being then quite safe in the castle of Stirling, and in the VOL. III. K k 494 THE LIFE OF [MEM. VI. Memoir of the whole practice of that wretched age evinces, that subscriptions, and performance, were of very different execution. Though Morton, and his colleagues, had subscribed those various articles, which the zeal of the assembly had sedulously formed ; Yet, having obtained their treasonous ends, they forgot their subscriptions, and with their usual perfidy, violated their en- gagements." Morton, and his conspirators, had now gain- ed the clergy, and the populace, the town and the castle of Edinburgh, they had, in some measure, deluded Throckmorton, if he were not deluded by his intercourse with Cecil: sure keeping of Mar : Art. 9> was, for obliging all future Kings, " to league themselves with the true kirk; no other church being true, but theirs : And Art. 10, was an en- gagement of the nobles, barons, and other laity, to convene with their forces, for rooting out, and destroying all monu- ments of idolatry, throughout the realm, and to enforce their reformation, without exception of place, or person ; forget- ting the act of the Parliament of April 1567, which re- nounced the papal authority, and gave universal toleration. 16. 583. Throckmorton wrote Elizabeth on the 24th of the same July, " that they intended to proceed first with the Archbishop of St. Andrews; and then against all other bi- shops, and men of his faction." Keith, 426. They even pointed at the death of the Queen, by demanding the punish- ment of the King's murderer, according to the law ofnationt, " without respect of any person." Keith, 426. 11 Knox, 410; Spottiswoode, 209. the Regent Morton.] THE SCOTISH QUEEN. 495 And, they resolved, as they had overawed the opposing nobles to execute their original design of dethroning the Queen, by fair means, if pos- sible, by forcible modes, if necessary.* With these views, Lord Lindsay was sent, from Edin- burgh to Lochleven, on the 24th of July 1567, to obtain her signature to her resignation of the crown, and her appointment of a regency. He was selected, for such a business ; as being the most ferocious in his manners, and most zealous in the religion. 7 When the Scotish Queen first heard this grievous proposal, she said, " she would sooner part with her life, x It is curious to remark on the informations of Throck- morton's letter to Elizabeth of the 25th July 1567, that Morton, and his colleagues, who had never charged the Queen, with any offence, in their former proceedings, at length intended, as they avowed to Throckmorton, to charge her with three crimes : With tyranny, in disregarding laws, to which she had never assented ; with incontinency, as well with Bothwell, as others : with the murder of her husband, which they assert they can prove, by the testimony of her own hand writing, and also by sufficient witnesses. Keith, 426. Their previous silence disproves their subsequent imputations. That in such a country the conspirators, who made such charges, could have found witnesses to prove any thing is certain. That they fabricated what they could not find of her hand-writing is sufficiently apparent. i Robertson acknowledges that " Lord Lindsay executed his commission with harshness, and brutality." Hist. i. 456. 496 THE LIFE OF [MEM. VI. Memoir of than her crown."* But, she was induced to regard the matter more considerately, by a ver- bal message, which Robert Melvill brought her, from the Earl of Athol, and Secretary Maitland, " as she loved her life, not to refuse any thing, that they did require."' She was probably full as much moved, by a letter, which Throckmorton wrote her, informing her that any resignation, which she might make, in prison, and in fear, would not be considered by the world, as valid. After a while, consi- dering all circumstances, she subscribed Lind- say's instruments of resignation, the tears run- ning down in abundance from her eyes. b On the morrow, Lord Lindsay returned to z Spottiswoode, 211. a Goodall, 166, ii. 344. In answer to the Queen's com- plaint against Murray, and Morton, and their associates, at York, they asserted, with their usual effrontery, and falsehood, that her resignation had been voluntary. Ib. 146. b Spottiswoode, 211. It is said, by a somewhat earlier writer that " she neither could, nor durst refuse, for the mes- senger was commanded, in case she had refused, to denounce punishment, and death, unto her, for the murder of her lawful husband." Contemporary Hist, of King James, 26. Buchanan indeed says, " that they dealt with the Queen, to resign her government, on pretence of sickness, or any other specious allegation." All the instruments proceeded on a recital, which is not very veracious, " of her being wearied of the government." Keith, 430-2. the Regent Morton.] THE SCOTISH QUEEN. 497 Edinburgh with the Queen's several deeds of resignation, which were bedewed with her in- voluntary tears. The deeds were immediately approved, by Morton, and his colleagues. And they now entered into a second bond of asso- ciation ; engaging to crown the prince, and to support him, as King.' This bond lay long for subscription ; and it was made a signature of faction to subscribe it. In order to carry its purpose into immediate effect, Morton, and his abettors, proceeded, from Edinburgh, on the 26th of July, 1567, to Stirling; carrying with them the sword, the sceptre, and the other ensigns of sovereign power/ They appointed the coronation of the infant, being of the age of one year and forty days, to be performed, on the 29th of July, at Stirling. And they, at the same time, sent notice to the nobles associated at Hamilton to attend that solemnity. 6 On the appointed day, a Privy Council was held, in the parish church, consisting of Morton, and his colleagues, with other persons of inferior rank : And here appeared Lord Lindsay, who on behalf of the Scotish Queen, gave in her resignation of her sceptre, and her rights to her son, to the effect, that he might be crowned, c Anderson's Col. ii. 240-2 ; Keith, 434-5. d Birrel's Diary. e Melvill's Mem. 165-7. 498 THE LIFE OF [MEM. VI. Memoir of as King. They seem, in the mean time, to have established a new formula, for this cere- mony ; and a different coronation oath, from the old : As far as this oath required the King " to root out all religions, but their own," and to persecute every person, holding a dif- ferent opinion, from their creed, it was formed, by incompetent authority, against the tolera- tion act of Parliament, in April preceding : This coronation oath, then, to say nothing of its intolerance, was illegal. According to their usual habits, they proceeded to interpolate the Queen's resignation, by inserting words, and ideas, which she did not use : She gave au- thority to her procurators to make her resig- nation to her son : They introduced expres- sions, empowering her procurators to resign her sceptre, and rights, to the Three Estates, who were to transfer the same to her son/ When all is violence, and perfidy, a few in- stances of illegality, and falsehood, pass unno- ticed by histoiy. According to the accustomed forms of the Scotish law, Bellenden, the justice clerk, Knox, the preacher, and others, entered protests against all informal, and illegal acts, which were then performed : And Arthur Ha- milton protested, in support of the rights of the f Keith, 437-9- the Regent Morton.] THE SCOTISH QUEEN. 499 Duke of Chattelherault. After all those for- malities, the infant prince was carried, from the castle to the church, where he was crown- ed, and anointed, by Adam, Bishop of Orkney, the same prelate, who had married the Queen to Bothwell, and who became one of the most outrageous of her persecutors. 8 Morton him- self took the coronation oath, for the infant King ; " and the man dreamed, but what the boy believed." After all those ceremonies, the Earl of Mar carried back the infant King to Stirling- castle ; the Earl of Athol bore the crown ; the Earl of Morton, the sceptre ; and the Earl of Glencairn the sword. h Throck- morton, the English envoy, during the co- ronation, was at Stirling, but not in the church; his cousin, Middlemore, who was attached to the commission, attended the ceremony. 1 Be- * The anointing of the prince occasioned a sharp dispute ; and the lamentations of K nox, and the preachers, at seeing that Jewish ceremony adopted. Calderwood's MS. history. Knox, however, made the sermon. h The contemporary Hist. King James, 27- 1 Throckmorton had asked Elizabeth's direction, whether he should attend the coronation, which he foresaw : And, in her letter of the 27th of July, two days before the cere- mony, she made answer : " We think, knowing our mind, in all this action, as you do, that you will not, by any such act, affirm their doings : And, for your better satisfaction, we do prohibit you, to assent thereto, by any means." Keith, 500 THE LIFE OF [MEM. VI. Memoir of fore this violent transfer of the crown, Morton, and his colleagues, calling themselves the secret council, absurdly, governed, in the name of the imprisoned Queen ; they now governed, in the King's name, till Murray assumed the re- gency : An infant King, and a governing regent, were circumstances so frequent, and so grate- ful, to the genius and the interests of the Scotish nobles, that we may wonder they did not establish it, as essential to their constitution, that their King should always be an infant, and their ruler a regent : The exchanging of such a Queen, for such a King, as James, even in his best days, only evinced the object of the con- spirators to have been the inauguration of Mur- ray, as Regent ; as the result of so much roguery, and violence. The nobles, who achieved this revolution, have been variously called by different writers : Buchanan emblazons them, as " the vindica- tors of liberty." Knox calls them, with less eloquence, " the lords, the honest lords/' Mel- vill denominates them, the enterprizers ; " the lords enterprizers." Robertson calls them the Pref. xii. ; Ib.430. Throughout his whole mission, Throck- morton acted contrary to his instructions ; as we may per- ceive from his dispatches j as he was privately instructed, by Burghley. the Regent Morton] THE SCOTISH QUEEN. 501 confederates. His rival historian, Stuart, terms them, the cabal. In the manuscript of Spottis- woode's history, which Keith had seen, they were denominated rebels, to which he added, " for so they were styled till they prevailed :" But, in the printed copy the truth was softened, by calling them the lords. Goodall, Tytler, and Whitaker speak of them, indignantly, as rebels, as the rebel party. I have chosen to speak of them, as conspirators, both as consistent with the facts of history, and with an allusion to the conspiracy, which by able, and artful manage- ment, ended, as we have just seen, in the de- thronement of the Queen, and coronation of her child. Thi s conspi racy began early in December 1 5 66, at Craigmiller, and closed at the end of July 1567, at Stirling. It was founded on the knowledge, that Darnley, by his guilty, and perfidious conduct, at the murder of Rizzio, had forfeited the Queen's affections, and his own life. Secretary Maitland was the planner of the whole conspiracy ; Morton was the con- ductor ; and Murray was the gainer ; while various persons, owing to their different con- nections, acted subordinate parts, in that fatal tragedy. The conspirators were foiled, in their first step, by the Queen's firmness, who would not even assent to the proposed divorce from 502 THE LIFE OF [MiM. VI. Memoir of Darnley ; and who knew, as well as other mar- ried women, how wide the distance is, between the miffs of marriage, and the murder of the husband. Had the Queen been more com- pliant, the conspirators would have proceeded, as there is reason to believe, the full length against Darnley, of a parliamentary attainder, for his several treasons. But, as they were thus disappointed, in both those measures, they en- gaged in a plot, which was at once very deep, very daring, and very dangerous to the life of Darnley, the ruin of Bothwell, and the sove- reignty of the Queen. They determined to take the life of Darnley ; to make Bothwell the instrument, as well of that odious deed, as of his own ruin ; and to involve the Queen, not so much in the guilt, as in the disgrace of such a deed. They engaged in their cabal, several considerable persons. Bothwell was easily induced, by his ambition, to enter into a design, which had Darnley's death, for its means, and the marriage of such a Queen, for its end. Morton, while an exile, at Newcastle, was easily gained, by the hope of restoration, to enter into their cabals : and, we have seen, in our progress, the conspirators, and their friends, join, zealously, in soliciting the pardon of Morton, which they effected about Christmas 1566, at the baptism the Regent Morton.] THE SCOT1SH QUEEN. 503 of the Prince. k From the borders, Morton soon after returned to his house of Whitting- ham, where, we have seen Bothwell, and Maitland, in the very act of concerting with him Darnley's death; 1 in pursuance of their written association, or bond. About the same time, Darnley was taken with the small-pox, at Glasgow, the seat of his father. Mary, as we have seen, sent her own physician to attend upon him ; visited him herself; brought him with her to Edinburgh ; and endeavoured to conciliate him, by every female attention, which wives know how to use. It was here, in the house of Kirk-a-field, that he soon after lost his life ; in consequence of those cabals. From all these views of the facts, can any one doubt, whether Darnley lost his life, as the obvious consequence of those cabals, by the ablest, art- fullest, and wickedest, of mankind ? h Bedford's letters before quoted. 1 Morton's confession ; and Archibald Douglas's letter ; both before quoted. We may recollect here, that Morton, when he was solicited, by Bothwell, to lend himself to that murder, asked Bothwell, for some writing of the Queen, to evince her assent to that deed, as he pretended ; but, as low down as the 1st of February 1566-7 (the mur- der being committed in the night between the 9th and 10th of the same month) Bothwell, when pressed, could show none of her writing, to that shocking effect. 504 THE LIFE OF [MEM. VI. Memoir of Bothwell was, immediately, charged with the murder; the Queen was herself mentioned, not long after, as an accessory to that crime : and a vast outcry was raised, which no one felt, but all feigned ; and which, by artifice, was kept up, and spread all over Europe. Can any one doubt, whether those occurrences were not some other results of the same conspiracy ! One great object of it, the death of Darnley had been effected ; but the ruin of Bothwell, and the disgrace of the Queen, still remained to be accomplished, as the next objects of the cabal. In pursuance of this outcry, and of that charge, Bothwell was tried, and acquitted ; Lennox being deluded, from the pursuit, by the same cabal ; and the whole court, and jury, being connected, directly, or indirectly, with the con- spirators, with Morton at their head, who coun- tenanced him at the bar,and managed his ac- quittal : without the aid of so unscrupulous a faction. Bothwell, from the number of per- sons, who knew the secret, could not possibly have been cleared of so obvious a charge. Mean- time, Murray had slipped away to France, by the way of London ; departing from Edinburgh, three days before the trial of Bothwell, his per- sonal enemy ; and leaving Morton at the head of the conspirators. The Parliament, which constitutionally sat, a few days after the trial, the Regent Morton.] THE SCOTISH QUEEN. 505 by confirming the defective titles of the conspira- tors, and their connections, gave them com- plete security for their rights : they were all now quite safe, from the resumptions of the Queen. She had thus made them safe ; but herself insecure. She was now to be disgraced, as she had been already calumniated. The Parliament had scarcely risen, when many nobles, with Morton, the most powerful man in Scotland, and several prelates, with the Archbishop of St. Andrews, at their head, signed a bond of associa- tion, approving of Bothwell's acquittal ; pro- mising to defend him from similar prosecutions ; and recommending him, as the properest hus- band, for the Queen. Beyond this measure, artifice, and villany, could not easily go : but, artifice, and villany, did go beyond the base- ness of that bond. Four days after obtaining it, Bothwell, whose crest now brightened with hope, seized the Queen, on the road from Stir- ling ; and carried her to his castle of Dunbar ; " where he boasted/' as we learn from Melvill, " that he would marry the Queen, who would, or who would not, yea, whether she would her- self, or not." m The Queen had been now ravished, according m Mel. Mem. 80, who was present, and repeats what he heard. 506 THE LIFE OF [MEM. VI. Memoir of to the expression of the conspirators, and she was now held in thraldom, by Bothwell. Whether in her circumstances, she would mar- ry the ravisher, or not, was a difficult question of female delicacy to settle : Elizabeth would have had his head : Mary chose to have his hand. On the 15th of May 1567, as Both- well had obtained a divorce, the Queen pub- lickly married him, after the publication of banns : So that however improper, there was no real objection to the validity of the marriage, though Murray's secret council called it a privy marriage, and Murray's Parliament, a pretended marriage." Thus were all the great n Had the Queen known the whole guilt of Bothwell ; and that he was the actual murderer of her late husband, her contract with Bothwell had been an odious marriage: But, we must judge of her, and her conduct, from the cir- cumstances, wherein she was constantly placed : She knew not what we know, that the whole movements around her were only parts of a grand conspiracy, whereof the murder of Darnley, the acquittal of Bothwell, and her own marriage to the murderer, were only particular parts : She knew, that Darnley was murdered, but by whom she knew not ; she perceived, that Bothwell was acquitted, by his peers, with the aid, and approbation, of Morton, Lindsay, Sempil, and other popular nobles } that he was afterwards received, and confirmed in Parliament ; that he was immediately en- couraged by many prelates and nobles, with Morton as their chief, to solicit her in marriage, as a man most fit -, that he the Regent Morton."] THE SCOTISH QUEEN. 50f points of the conspiracy, leading unto the con- summation, accomplished : Darnley was mur- dered, by Bothwell, with the assent and en- couragement of the chief conspirators ; Both- well was acquitted, by a formal, but collusive trial, by the management of the principal con- spirators; the Queen, by their artifices, and aid, was married to Bothwell, whom they hated, and wished to ruin : Add to all these prepa- ratives, for the denouement of the plot, that the was thus encouraged, insidiously, to carry her off by force to his castle, where she was aided by none, and where " being ravished by him," according to Melvill, [Mem. 80.] go to France, with the proceedings of 536 THE LIFE OF [MEM. VII. Memoir of expected much more from Elizabeth, than from Mary, resolved to send Glencairn, Morton, and Maitland, to negotiate with the English Queen/ The Lord James, during 1560 and 1561, acted under Cecil's advice, as the chief of this self-created government, without con- trol, but with Maitland, for his secretary of state/ As a crafty character, Mary knew Maitland ; but did not put much trust, in such a minister, who, as she was not to learn, had attached himself more to Queen Elizabeth, and Lady Cecil, than to her. b Acting under all those influences of inde- pendence on Mary, and subservience to the English Queen, the Lord James concurred with Cecil, and Maitland, and with all these, in wishing, to prevent the Scotish Queen, from returning to her native kingdom, though the that pretended Parliament, which the Scotish Queen very properly refused to ratify ; as it sat without her assent, and established measures, which were inconsistent with the laws. z Keith, 154. a Throgmorton, Elizabeth's envoy, at Paris, wrote on the 1st of May 1561, "I understand the Queen of Scotland hath hitherto no great devotion to Maitland, Grange, and Balnavis ; whereof I am nothing sorry." Keith, 164. b When the Queen, early in 1561, sent a commission, to govern Scotland, Muitland gained the whole secret, and conveyed it to Cecil. Secretary Maitland] THE SCOTISH QUEEN. 537 Estates had invited her. c It is in vain, then, for Robertson, to doubt, whether those profligate statesmen did not, actually, concert measures, for intercepting Mary's voyage to Scotland/ This, then, is the^zr^plot, which was concerted, c See Robertson's Hist. App. No. V. ; see Maitland's Letter to Cecil of the 10th of August 1561 j Keith's App. 92-4 ; and his letter of the 15th of the same month, in the Paper Office. d Secretary Maitland, by his unpublished letter, in the Paper Office, of the 15th of August 1561, to Secretary Cecil, very fairly informed the English minister of the embar- kation of the Scotish Queen, at Calais : " She doth com- plain," he adds, "that the Queen's majesty not only hath refused passage to Mons. Doysel, and the safe conduct, which she did, courteously, require for herself ; but, also, doth make open declaration, that she [Elizabeth] will not suffer her to come home to her own kingdom : Yet, are her affections such towards her own country, and so great her desire, she hath to see us, that she meaneth not, for that threatening, to stay; and so, to trust her person in our hands. The bearer saith, that she will arrive, before the 26th day of this instant : I marvel, [Maitland subjoins, perfidiously,) that she will utter any thing to us, which she would have kept close from you." After recommending, that a force should be stationed, at Berwick, Maitland goes on, in the same strain of perfidy, " I pray you send me your advice what is best to be done, as well in the common cause, as in my parti- cular, who am taken to be a chief meddler, and principal negotiator of all the practiques with that realm ; though I be not in greatest place, yet is not my danger least." 538 THE LIFE OF [MEM. VII. Memoir of by Elizabeth, and Cecil, against Mary, with the Scotish Queen's ministers. Whatever we may think of Maitland's talents, it must be al- lowed, that much cannot be said, for his pro- bity. Mary arrived safe, at Leith, notwith- standing those machinations, while the two Secretaries, Cecil, and Maitland, were plotting her interception. She hath been much praised, for putting her government into Protestant hands ; but she might, as well, have placed her affairs, in the management of Cecil, and Eli- zabeth, who influenced her ministers, in all things. Had Mary been intercepted, by the English fleet, she had never returned to her native subjects, who would have been governed in her name, indeed, by her bastard brother, as vice-king. The cousin-queens, with such ministers, were now to govern their several kingdoms, as well as the duplicity of the one, and the good mean- ing of the other, could agree. Maitland, who had deserted her mother's service, and joined the rebels against the government, was now continued secretary, under his original appoint- ment, by the deluded Queen. 6 As early after e Maitland was, incidentally, Clerk of the Privy Council, with John Johnstone, as his deputy, at a salary of 1501. a year: On the 1st of March 1563-4, Maitland appointed Secretary Maitland.} THE SCOTISH QUEEN. 539 Mary's return, as the 1st of September 1561, Maitland was sent to Elizabeth, with the un- welcome notification, of the safe arrival of the Scotish Queen/ In addition to his mistress's instructions, he carried credentials, from the chief nobles, the Duke, Lord James, and the chosen few : They required him, though with- out fitness, to ask Elizabeth, to declare Mary's right of succession, a request, that they must have known, to be of all others the most of- fensive to the English Queen. He made that requisition ; and Elizabeth could, scarcely, re- strain her temper. A sort of altercation en- sued ; and it required all the art, and volubi- lity, of Maitland, to keep the indignant Eliza- beth, within the usual rules of common civility : She did appeal to the world, whether she, in any of her actions, had ever attempted any thing against Mary's safety, or tranquillity, or security of her kingdom : And this appeal was made, in the hearing of Maitland, who had in- duced her, with the advice of Cecil, to send a Alexander Hay, as his deputy-clerk of the Privy Council, to whom the Queen assigned the same salary of 1501. Keith's App. 174. Hay partook of the corruption of his master. f Maitland received, from the Treasurer, 712/. 10s. to pay the expenses of his journey to London. He returned before the 24th of September 1561. 540 THE LIFE OF [MEM. VII. Memoir of fleet into the Forth, and an army into the field, and money into the chest of the insur- gents, for transferring Scotland, from the legi- timate Queen, to her bastard brother. The effrontery of Elizabeth must have proceeded, from a high opinion of herself, or a low opinion of Maitland. 8 He soon after returned to Edinburgh ; bring- ing a letter, from Cecil to Knox, whom the English Secretary used, as a bellows, for blow- ing the expiring embers of discontent, in Scot- land, as men, and matters, waxed cold, or hot. His absence did not impair his credit. The Queen's whole power now rested with the Lord James, and Maitland: The first, said Randolph, is suspected, to seek too much his own interest : The other is too politick : And, take me those two out of Scotland, he added, in his letter to Cecil, and those, that love their country, shall find the want of thern. h Maitland soon after displayed his great abilities, as a statesman, by writing two letters to Cecil ; defending Mary's right of succession to the English crown, and apologizing for her nou ratification of the treaty of Edinburgh.' The English agent felt, and Spottiswoode, 179-82. On the 6th of September 1561, Maitland was made one of the Privy Council. Keith, 187. h Keith, 191. l Haynes, 373-75. Secretary Maitland] THE SCOTISH QUEEN. 541 confessed, his inferiority to Maitland. " He was now borne in hand," he said, " by such as were nearest about the Scotish Queen ; as the Lord James, and the Lord Lethington, that their Queen's good words were meant, as they were spoken : I see above all others," continued he, " in credit ; and I find in them no altera- tion : The Lord James dealeth, according to his nature, rudely, homely, and bluntly : The laird of Lethington [Maitland] more delicately, and finely ; yet in nothing swerveth from the other, in mind, and effect."* Secretary Maitland had, scarcely, returned, from London, to Edinburgh, when he found himself engaged in a contest with the clergy. On Alhallowday, the Queen went to mass. The preachers were shocked at her idolatry. Every k So wrote Randolph to Cecil, on the 24th of October 1561. Keith, 196. About that time, Lethington was ac- cused, by the Scots, of being ambitious, and too full of polity : Yet, Randolph said, " Whensoever Lethington is taken out of his place, they shall not find, among them- selves, so fit a man to serve, in this realm." Keith, 2O<2. Randolph soon after said to Cecil : " The bishops com- plain, that the Lord James beareth too much rule ; and that Lethington had a crafty head, and a fell tongue." Ib. 205. Fell means, generally, cruel, barbarous, inhuman ; but, it is here used, by Randolph, 1o signify able, eloquent, artful, sly. VOL. III. N n 542 THE LIFE OF [MEM. VII. Memoir of pulpit resounded with railing : The nobility were admonished of their duty ; and strong in- sinuations were given, that the Queen's worship ought to be suppressed, by force ; without any recollection of the precept, and practice, of the Saviour of mankind, or any remembrance, that the Queen had tolerated the worship of others. The preachers, with Knox at their head, were now called before the Privy Counsellors : Mait- land took the lead, in showing the clergy the unfitness of their conduct, and the right of the Queen to her own worship, in her own chapel. But, against conceited prejudice, he argued in vain. Knox proposed, that the points in ques- tion should be referred to the supreme decision of the Genevan church ; and that he would write, for such an unerring judgment: But, Maitland overruled that folly, by engaging himself to consult the oracle: And he after- wards avowed, that he had never written, for such an answer, when Knox attacked him, for his perfidy. The sedition of the preachers was countenanced, by the Lord James, and Cecil ; as they hoped to gain what the Queen might lose, by their seditious speeches. At the church assembly of December 1561, Maitland again opposed the pretensions of the preachers : Like a true statesman, acting upon right prin- ciples, he insisted, that conventions of the Secretary Maitland.-] THE SCOTISH QUEEN. 543 church could only be held by the Queen's al- lowance : On the contrary, the preachers, whose principles led them to disregard ancient law, and established authority, insisted, they must have an independent right, to hold such assemblies ; otherwise, they could not be a re- formed church. Connived at, as they were, by the Lord James, the Queen's minister, Mait- land's opposition, merely showed his own prin- ciples, and their pretensions. Maitland scoffed at Knox's book of discipline, which had been introduced into the assembly. The chief of the reformers attacked Maitland, in his turn : And this attack, and those scofferies, were car- ried on, with great acrimony, and were long continued. 1 We may thus learn, from Knox's 1 Knox's Hist. 293-5. Knox made a sort of an appeal to Cecil : By his letter of the 7th of October, Knox wrote among other complaints : " This I write with dolor of hart : Some of no small estimation have said, with open mouth, The Queen neither is, nor shall be, of our opinion ; and in very deed, her whole proceedings do declare, that the car. dinal's lessons are so deeply printed in her heart, that the substance and the quality, are like to perish together. I would be glad to be deceived ; but, I fear, I shall not : In communication with her, I espied such craft, as I have not found in such an age : Since, hath the court been dead to to me, and I to it. One thing I cannot conceal ; too much bearing is like to break the most strong back, if we cast not off the burden betimes. To speak plainly ; those that have 544 THE LIFE OF [MEM. VII. Memoir of epistle, to Cecil, how much that statesman in- fluenced Scottish matters, for Elizabeth's in- terest, and Mary's annoyance. After all that altercation, Secretary Mait- land was appointed, in November 1561, an ex- traordinary lord of session : And, in January 1565-6, was, by the recommendation of the same court, named an ordinary lord, which he seemed to have retained, during his fortunes, and misfortunes. Much of the year 1562 was spent, in argument, and in journeys, about the ill-omened meeting of the rival Queens. Mait- land went to London, by his mistress's desire, in May ; and returned in June of the same year, with little success. During the autumn of 1562, the Scotish secretary accompanied the Queen upon her northern tour, when Huntley was ruined, for Murray's interest. On this odious subject, Lethington wrote to Cecil, the English minister : " I am sorry, that the soil of my native country did ever produce so un- always had the favour, and estimation of the most godlie, begin to come into contempt ; because, they open not them- selves more stoutly against impiety. Doubt not but that your counsel may somewhat reward the persons. Ye know, my lord, and Lethington, whom, if God do not otherwise conduct, they are like to lose that, which, not without travel, hath heretofore been conquest." Haynes, 372. m Ib. 379 ; Keith, 216-17 ; App. 156. Secretary Maitland.] THE SCOTISH QUEEN. 545 natural a subject, as the Earl of Huntley hath proved, in the end, against his sovereign ; being a princess so gentle, and benign, and whose behaviour hath been always such towards all her subjects, that wonder it is, that any could be found so ungracious, as once to think evil against her ; and, in my conscience, I know not, that any just occasion of grudge was ever offer- ed unto him"* If we could believe the secre- tary to be sincere, in what he thus declares on his conscience, it would evince uncommon du- plicity in the Lord James, who concealed, from the other ministers, that he had obtained, in January 1561-2, a grant of the earldom of Murray ; and who was so blinded by gross prejudice, as not to see what provocations forced Huntley into rebellion against so benign a princess, as Mary, or rather of so corrupt a minister, as Murray. Maitland was soon after sent into England ; partly to congratulate Eli- zabeth, on her recovery from the small-pox, still more to watch over the Queen's preten- sions to the succession, in the subsequent par- liament ; and above all, to endeavour the re- concilement of the troubles of France. He " See his letter of the 14th November 1562, in Keith, 232. When we hear an enemy talk, in such a manner, to an enemy, we may well believe, that the Queen's conduct had been fair. Keith, 235. 546 THE LIFE OF [MEM. VII. Memoir of did not travel into this country, with good- will, as he had heard of the frequent assassina- tions, in that distracted land : His zeal, for the Queen's service, however, appears to have braved the hazard of such scenes. He is blamed, at least by Knox, as being too good a servant to the Queen ; and we may indeed learn from Randolph, that Maitland's advice was then more followed, than any others, as well it might, from the superiority of his ta- lents. 1 " Happy! had it been for himself, and his country, had he, from that period attached himself to the Queen, and the laws, without re- garding the connexions of faction, or consider- ing the interested objects of so dangerous a friend, as Cecil. Maitland returned to Scot- land, soon after the rising of the Parliament, on the 4th of June 1563, which forfeited Hunt- ley, and his friends. q The credit of Maitland, at that period, obtained attentions to his aged father, and benefited the fortunes of his whole family/ At the end of 1563, the Scotish se- cretary made a vigorous effort to make the church subordinate to the state, rather than allow the state to continue subservient to the P Knox, 32? -34 j Randolph's unpublished letters, in the Paper Office. i Part. Rec. 754 j Keith, 240. r 16. 244. Secretary Maitland.] THE SCOTISH QUEEN. 547 church. Knox, the chief of the domineering preachers, had committed two crimes of great atrocity, in the eyes of such a statesman, as the Secretary : By his own authority, Knox had convoked a meeting of the people, which was an act of treason ; he had collected the multi- tude to overawe the criminal court, which was to try two of his disciples, for insurrection. On those charges, Secretary Maitland sum- moned Knox before the Privy Council, when he pressed the enormity of the offences, with his usual art, and eloquence, Yet, did the Privy Council, which was influenced, by Murray, declare, " that they could find no offence in Knox."* None of the parties seem to have re- collected, that the Saviour of mankind, while upon earth, never impugned the established au- thority of the Roman law. The preachers were, by this declaration, only incited to rail, with more virulence, against the Queen, and her ministers : Maitland, finding it impossible, to check this pruriency of preaching, which was protected, by Murray, and even incited by Cecil, for their own objects, " left the minis- ters," as he said, " to bark as lowd, and as long as they list."' The ministers of the Scotican Knox's Hist. 336-43. * Knox, 346 : Yet, Maitland seems to have again at- 648 THE LIFE OF [MEM. VII. Memoir of church continued to bark, till the Court of Ses- sion, in more recent times, avowed its purpose, to punish the parsons, for barking calumny against any one, which could only do mischief, without any good. Many of the measures, in 1563, proceeded from the various suitors of the Scotish Queen. The marriage of Mary, from the delight, which Elizabeth took, in embarrassing a rival Queen, on so envious a subject, continued to create many measures, and to originate much intrigue, wherein Secretary Maitland had his full share." Murray and Maitland were afterwards appointed to meet Bedford, and Randolph, at Berwick, to negotiate the marriage of the Lord Robert Dudley, with the Scotish Queen. It was, on that occasion, that Randolph, who did not want tempted, in the church-assembly of June 1564, to moderate Knox, who, feeling none of the influences of charity, was only irritated, by opposition. Knox, 3 48-66. On the 27th of February 1563-4, Randolph wrote to Cecil, "of some unkindness, between the Queen, and Murray, about Knox, whose part he took." Keith, 249. u Randolph wrote to Cecil, on the 27th of February 1563-4 : " He found Murray, and Maitland, willing to the match, [with the Lord Robert Dudley, Elizabeth's favourite ; but, they entertained doubts of effecting it ; and wished him, to deal openly with the Queen, about the person." Keith, 249.] Dudley, it seems, had not yet been avowed. Secretary Maitland.'] THE SCOTISH QUEEN. 549 talents, lamented to Cecil his own defects, as a negotiator, when opposed to so very able a statesman, as Maitland. It may admit of a doubt, whether the best of the Flemish painters, could have delineated such a treaty ; when the puritanic Bedford, and the roguish Randolph, the artful Murray, and the ingenious Maitland, assembled, to negotiate the marriage of Dudley, whom the one Queen did not mean to give, and the other Queen had determined not to receive." When Elizabeth offered Dudley, her own sweetheart, to Mary, as a husband, duplicity, in the one Queen, and disdain, in the other, could not be carried further by any artifice. The failure of this perfidious treaty, intro- duced new characters on the stage. Lady Lennox, the niece of Henry VIII., had some pretensions to his crown, which the Scotish Queen had an interest to remove. The Earl of Lennox had been forfeited, by the Scotish par- liament, and now desired to be restored to his country. And they both wished, to present their eldest surviving son, the Lord Darnley, to the wishful eyes of the Scotish Queen. 7 * See Keith, 263. y Randolph wrote Cecil, in October 1564 : " The Queen undertakes to end the quarrel, between the Duke and the Earl of Lennox, whose name Lethington [Maitland] is now 550 THE LIFE OF [MEM. VII. Memoir of Maitland now promoted the interest of this family, which afterwards ruined him. The Par- liament of December 1564, was chiefly called ; in order to reverse the attainder of Lennox : Maitland made an oration to the Estates ; being commanded, by the Queen, to supply the chan- cellor's place ; And, on the same day, Lennox's forfeiture was reversed." The speech of Mait- land, on that occasion, for its topicks, and elo- quence, would do honour to any chancellor of England. After dandling Dudley before the disdainful eyes of Mary, Elizabeth found a properer puppet, in Darnley. At the solicitation of his mother, Elizabeth allowed her son, to repair to the court of Mary, early in February 1564-5 : Both Dudley, and Cecil, knowing the secret of Elizabeth, solicited Darnley's passport to Scotland. Before the end of March, Mary, having resolved to marry Darnley, determined to send Secretary Maitland, to communicate supposed to favour, for the love he beareth to Mary Flem- ing : Seton, and Lethington, are become enemies, in the cause of Douglas." Keith, 259. Randolph again wrote to Cecil, on the 3d of November 1564, that, the Queen maketh no word of Darnley ; yet, many suppose it concluded, in her heart j and that Maitland is, wholly, bent that way." Id. * Robertson's App. No. ix; Keith's App. 158. The Countess of Lennox sent, by Melvill, a watch set with dia- monds, and rubies, to Secretary Maitland. Melvill's Mem. 52. Secretary Maitland.-] THE SCOTISH QUEEN. 551 her secret purpose to Elizabeth.* He arrived at court, with that purpose, on the 18th of April 1565. From the epoch of that avowal, every practice was used, by Elizabeth, which the wisdom of her counsellors could advise, to disappoint the fond pair of their wished-for happiness : Intrigue, and declarations, denun- ciation, and recal, threats, and tumult, privy conspiracy, and rebellion, were all tried, on that envious occasion. 1 * Maitland returned to Edin- burgh, on the 13th of May, in company with Throckmorton. who was sent to promote all those views of Elizabeth. Meantime, Mary seems to have suspected, that her Secretary Maitland was not altogether to be trusted." He * After informing Cecil, how Bothwell had threatened Murray, and Maitland, Randolph wrote the English secre- tary, on the 7th of April 1565, that Maitland is in readiness to depart for England. On the 14th of April, he set out from Berwick for London. Randolph accompanied Maitland to Berwick j whence he wrote to Cecil, " that Maitland now partook of the griefs, at the prospect of the Queen's mar- riage with Darnley." [Unpublished dispatch, in the Paper Office.] One would suppose, from a comparison of the whole context of the State Papers, that Secretary Maitland had been already gained, by the English government, to mis-serve his mistress. b Cecil's Diary, in Murdin. c Randolph, in writing to Cecil, on the 3d of May 1565, said : " Lord Ruthven, Maitland' s chief friend, is wholly 552 THE LIFE OF [MEM. VII. Memoir of was, however, present in council, at Stirling, on the 15th of May, when the Queen received Throckmorton : d and the convention of nobles advised Mary's marriage. Maitland continued, about the Queen, as secretary of state, " merely for the need of her service, rather than for any trust she had in him." e But, such was the pro- fligacy of the moment, and of the men, that it was not easy to know, whom she could trust ; when we see her chancellor, and her secretary, plotting with her rebels, and corresponding with her enemies/ What a picture of profli- gacy does Randolph paint to Cecil ! The Queen, meantime, by the force of her popularity, ex- theirs [the Queen and Darnley]. Maitland is suspected to favour the Queen, and Darnley, more than he would seem j and yet, is not trusted by them : Lennox being in great want of money, borrowed 500 crowns, from Maitland." [An unpublished dispatch in the Paper Office.] d Keith, 277. ' Thus, wrote Randolph to Cecil, on the 3d of July 1565. Keith, 288. 1 Randolph, in an unpublished dispatch to Cecil, of the 12th of October, says: " Some wise men are enemies to this government [the Queen's] : Maitland is as far, in this matter [Murray's rebellion] as any other j of the same bond, and league, are the Earl of Morton [the chancellor] and Lord Ruthven j they only espye their times, and make fair weather, until it come to the pinch." [MSS. in the Paper Office.] Secretary Maitland] THE SCOTISH QUEEN. 553 pelled the rebels, though she had Morton, for her general. The Duke, the Earl of Murray, with their deluded followers, on the 5th of September, retreated to Dumfries, where they were allowed, for some weeks, to loiter.* In the midst of all that degeneracy, Maitland, con- stantly, attended the Privy Council, in July, August, and September, October, November, and December, when measures were taken against his associate rebels ; h giving misadvice to Mary, and true advice to Murray, After all the perturbations of 1565, a year of s See Cecil's Diary, in Murdin, 760 : 5th of September, the lords of Scotland came to Dumfries j 24th of Septem- ber, a consultation, at Windsor, whether the lords of Scot- land, being expelled, by the Scots Queen, should be aided j on the 10th October, I was sent to Nonsuch to confer with, the Earl of Arundel, concerning the proceeding against the Queen of Scots. Id. All those consultations ended in this : Elizabeth obliged Murray, on his knees, to acknowledge before the ambassadors of France and Spain, that she had never incited his rebellion ; that she had never aided him ; that she had never countenanced him. What baseness in him ! What duplicity in her ! h Keith, 309-20 ; App. 106-7 : And yet, Randolph wrote to Cecil, on the 3 1st of October : " My old friend Lethington [Maitland] hath leisure to make love ; and in the end, I believe, as wise as he is, will show himself a very fool, or stark staring mad." [MS. Dispatch, in the Paper Office.] It is not always easy to follow the dark insinuations of the artful Randolph to the prescient Cecil ! 554 THE LIFE OF [MEM. VII. Memoir of privy conspiracy, and restless rebellion, Mary, with her husband, lived awhile quiet, whilst Murray was suffering penance, in England, and Lethington was making love, at Edinburgh. The year 1566 opened, with the practices of perfidy, which were still more atrocious, than had yet occurred. Darnley, the simple, was taught to distrust, and to disquiet the Queen : Like an infant in the nursey, he whimpered, for a bauble, which is known in the Scotish story of that age, by the name of the crown matrimo- nial, and which she had given him, on their wedding-day, though he was unconscious, that it adorned his brow. 1 Murray was, by any means, to be restored, from exile, while he was threatened, with Parliamentary forfeiture. A formal contract was now made, between Darn- ley, and the exiled nobles ; he engaged, on his part, to procure their restoration ; and they stipulated on theirs, to support his claim to the government, without the Queen : k Such were his, ' He was acknowledged, and treated as King, and his name was inserted with the Queen's, informal proceedings. He was King, by the courtesy ; as in elder times, the hus- band of a countess was acknowledged, as an earl : Such was the matrimonial crown; And those, who murdered Darnley, were held to have committed treason. k See the documents, in Goodall, i. 2*27-3 1 -, Keith's App t 120-1. Secretary Maitland.'} THE SCOTISH QUEEN. 555 and their, notions of the crown matrimonial, to acquire which they wished to dethrone the Queen, who was the real sovereign, while Darn- ley was only king, by courtesy. In order to consummate all those objects, the friends of Murray, Morton, Maitland, the Se- cretary, Lord Ruthven, and other conspirators agreed, to assassinate Rizzio, the Queen's French Secretary, within the palace, for the obvious purpose of dissolving the Parliament, and dis- tracting the government. The part, assigned to Secretary Maitland, was, to keep the Queen ignorant of so odious a purpose, and to entertain Athol, in the palace, while the murder should be done. 1 The 9th of March 1565-6 was the treasonous day, when this aggravated assassina- tion was committed, by the matrimonial king, assisted by the Chancellor, Morton, and by Secretary Maitland, and by the other conspira- tors, in the Queen's closet ; she being present, in a pregnant state. The crime, which was thus committed, was an aggravated murder, as to Rizzio ; but it was an atrocious treason, as con- cerning the Queen. Secretary Maitland now 1 Goodall, i. 269, from Calderwood : But, two of the Secretary's servants were present, at Rizzio' s murder. m A forcible attack upon the sovereign's palace, the sove- reign being therein, was an act of high treason, by the Scotish law : In this case, the Chancellor led the attack, and 556 THE LIFE OF [MEM. VII. Memoir of lost his office, of which, from his perfidious conduct, he had long been unworthy : Sir James Melvill, who had equal perfidy, but not equal talents, succeeded him, as Secretary." The conspirators were now obliged to take the place of Murray, who returned amidst this perturba- tion. While this cloud lowered on so many guilty persons, Maitland concealed himself, within the fastnesses of his father's territories, in Lauderdale. He had many friends, who so- licited for his restoration ; Randolph, Murray, and above all, Athol, who maintained his inte- the Secretary, by conniving, at this horrible crime, was equally guilty of high treason. n Melvill, Mem. 67, says, " He served, in place of Secre- tary at home, when Lethington was absent, under some sus- picion. What history ! In the Act of Privy Council of the 19th of March, for prosecuting the many persons, who were concerned in that treasonous murder, Maitland was not pre- sent. Keith's App. 130-1. On the 4th of April 1566, Bed- ford wrote to Cecil : "" Lethington despairs of pardon, and must fly into England." Ib. 168. On the 25th of the same month, it was said, " Lethington has liberty to live in Flanders." Lethington now applied, for protection, to Ran- dolph, the corrupt agent of Elizabeth. On the 2d of May, Randolph wrote to Cecil : ' Lethington's friends intercede for him, that he may not be banished : The Queen is more his friend, than Darnley." Lethington was thereupon ordered to reside, in Cathness. Yet, he himself desired to leave Scotland. Keith's Aj>p. 169. Secretary Maitland.'] THE SCOTISH QUEEN. 557 rests against Bothwell. During the first week of August, while Mary enjoyed the refreshing air of Alloa, after the birth of James, she agreed, with her usual grace, to see, and restore Maitland. This singular statesman appears thus, after such treasonous misconduct, to have regained his lands, his offices, and, perhaps, as much confidence, as he had ever enjoyed. He at- tended the Queen to the assizes, at Jedburgh, where the Queen's anxieties had nearly proved fatal to her life. We see him busy, on that sad occasion, dispatching the several letters. 9 While he thus acted, Darnley, amidst his discontents, with himself, and others, endeavoured to re- move Maitland, and other considerable men, from the Queen's government.^ This absurd pretension of a prince, who presumed to think, Keith, 334 : In the same month of August, Murray, and Bothwell, were at evil words, before the Queen, for the Lord of Lethington. Robertson's Hist. 435 ; App. No. xvii. The contest was, about the lands of the Abbey of Hading - ton, which had been given to Lethington, and which Both- well wished to reclaim. 16. * Keith, 347-52 ; App. 133. i There is a letter of Robert Melvill, the Queen's ambassa- dor at London, to the Queen's resident,at Paris, datedthe 22d of October 1566, wherein he says : " Darnley was dissatis- fied ; because he could not get the Secretary [Maitland], the Justice Clerk, and the Clerk Register, put out of their offices." Keith, 351, VOL. III. O O 558 THE LIFE OF [MEM. VII. Memoir of that he could rule, in such a country, amidst such men, by offence, rather than by softness, cost him his life. The Queen, after a short excursion along the Tweed, attended by her court, returned to Craigmillar-castle, near Edinburgh, on the 20th of November 1566. Longer the nobles could not live, without a plot. It was observed, by men of such discernment, as Maitland, and Murray, that Darnley did not visit the Queen, till late, though he knew of her illness, at Jed- burgh : It was known to every one, that he had not one friend, in Scotland, except his father, if he might be called his friend, who indulged, ra- ther than corrected, such wayward humours, in his son : And upon those observations, Maitland, and Murray, conceived the design of divorcing the Queen, from Darnley, in order to induce her to pardon Morton, and the other assassins of Rizzio. Early in December, Maitland, and Murray, made a formal proposal, first to Argyle, Huntley, and Both well ; and immediately after to the Queen, of divorcing her from Darnley ; on condition of pardoning Rizzio's murderers. Maitland was obviously the author of this pro ject ; and was certainly, on that occasion, the speaker who made that dangerous proposal to the Queen, in the presence of Murray, Argyle, Huntley, and Bothwell. If the Queen had Secretary Maitland.] THE SCOTISH QUEEN. 559 agreed to this project, the purpose of Maitland, and Murray, seems to have been, to obtain such divorce, by Act of Parliament, and, per- haps, take his life, by attainder, in Parliament. Bothwell entered into this measure, with so much alacrity, that he seems to have been, previously, acquainted with the whole design/ It was the opinion of Huntley, and Argyle, who were present, at that transaction, that Maitland, and Murray, founded on the Queen's refusal of a divorce an ulterior project of depriving Darn- ley of his life, by the hand of Bothwell.' This r Anderson's Col. iv. 183 ; Keith's App. 136 : Spottis" woode accuses Maitland of fostering the Queen's disgust against Darnleyj of projecting a divorce between them, before the Queen went to Jedburgh, and of reviving this project, after her return. Hist. 196. Goodall, ii. 320. Buchanan, in his " Chamelion," charges Maitland with such a design. He was afterward attained, by Parliament, as being guilty of devising the King's death. The minor conspirators confessed, at their execution, that they understood, the whole lords, who had been, on that occasion, with the Queen, at Craigmillar, had agreed to the commission of that odious deed. Arnot's Crim. Trials, 384 ; Anderson's Col. ii. 177-8. Bothwell, and Maitland, hated each other. In April 1566, the Earl of Bothwell's ser- vants confessed, that Secretary Maitland had engaged them, to murder their master. Keith's App. 167. In the subsequent August, Murray, and Bothwell, had an altercation, in the Queen's presence, about Maitland's lands. Robertson's Hist. App. No. xvii. About that time, Bothwell opposed the resto- 560 THE LIFE OF [MEM. VII. Memoir of was the deliberate judgment of the convention of nobles, with Archbishop Hamilton, at their head, which met, at Dnnbarton, on the 15th of September 1568: "But, seeing," say those nobles, " that her grace, with the pleasure of God, did escape their hands, and relieve herself, from prison, [at the murder of Rizzio, March 1566] wherethrough that the doers thereof [Morton, and Ruthven] were banished, for their enterprize, and also hearing of the young behaviour, through foolish counsel, of her said husband, they [Maitland, and Murray] caused make offers to our said sovereign lady, if her grace would give remission to them, that were banished at that time, to find causes of divorce, either for consanguinity, in respect [as] they alleged the dispensation was not published, or else for adultery ; or then, to get him convicted of treason, because he consented to her grace's retention in ward ; [the Queen's imprisonment, in her palace :] or what other ways to dispatch him, [Darnley :] So that it maybe, clearly, con- sidered, and is a sufficient presumption, in those respects, her grace having the commodiousness ration of Maitland, though indeed without success. Keith, 334. Bothwell thought to have slain Lethington [Maitland] in the Queen's chamber, had not her majesty come betwixt. Melvill's Mem. 80. Nearer dagger' s-drawing, such statesmen could not well be, during an irascible age. Secretary MaitlandJ THE SCOTISH QUEEN. 561 to find the means to be separated : and yet, would not consent thereto, to appear, that her grace would never have consented to his murder, having such other likely means, to have been made quit of him, [DarnleyJ by the lords own device ; but, that it may be inferred, that they were the doers thereof only ; [the murderers of Darnley ;] as was deponed by those, who suffer- ed death therefore ; who declared, at all times, the Queen, our sovereign, to be innocent there- of."* Such, then, are the facts, as they were stat- ed, by the contemporary convention of nobles, some of whom were actors, in the very scene. It was a refinement altogether worthy of such an age, and of such men, to wreak their ven- geance on two obnoxious characters [Darnley, and Bothwell] by making the one hated person assassinate the other. Maitland continued to act, as Secretary of State, both to the Queen, and Murray, during very difficult times. That he knew of the pur- pose to destroy Darnley, without revealing the design, is certain. From the epoch of the plot, at Michaelmas 1566, that he carried on a ' See the whole document, in Goodall, ii. App. No. 139, from Q. Mary's Reg. The facts, which are stated, in those instructions of so many prelates, and nobles, are so very important, that it was thought fit, not to embarrass the reader with obsolete orthography. 562 THE LIFE OF [MEM. VII. Memoir of correspondence, by Murray's direction, with Morton, whose pardon was the great object, is also, certain ; as we know from his letters, which remain, as of record against him. Mor- ton was pardoned, by the Queen, at Christmas 1566. Morton arrived, at Whittingham, be- tween the 15th and 20th of January 1566-7. To this place of convenient intrigue, Maitland conducted Bothwell, on a visit to Morton, soon after his arrival there, from England. We know this important fact, from Drury's correspon- dence with Cecil, as well as, from Archibald Douglas's letter to the Queen. The object of this meeting with Morton, we, also, know, was to concert the murder of Darnley ; as we learn, as well from Morton's confession on the block, as from Douglas's letter, who was present, at Whittingham. In that concert, it is apparent, that Maitland took a very active part : And, taking such a part, in such a conspiracy, the Secretary incurred, thereby, the guilt of trea- son. From what passed, during that concert, Maitland knew, that Bothwell did not possess any written documents, which could satisfy Morton of the Queen's guilty desire, with re- gard to her husband. From the epoch of that concert, however, Maitland appears, to have strengthened Bothwell's hands, in effecting the Secretary Matiland] THE SCOTTISH QUEEN. 563 great object of that conspiracy. Darnley was assassinated, by the conspirators, on the 10th of February 1566-7. When Murray retired, amidst those guilty scenes, from Edinburgh to Paris, Maitland, and Morton, were left by him, his political agents. A few days after, when Both well was tried for that murder, Morton, and Maitland, obtained his acquittal, by their agency : Mait- land, particularly, baffled Elizabeth's applica- tion, for delaying the trial of Bothwell. Mait- land was one of the Queen's commissioners, for opening the Parliament of April 1567 ; and he was one of the few, who were chosen on the Committee of Articles.' When the Parliament rose, Morton, and Maitland, obtained a declaration of several peers, and prelates, declaring the innocence of Bothwell, and recommending him, as the fittest husband, for the Queen. The guilt of such measures, and of such a declaration, need not be mentioned. Bothwell was thus incited, by the criminal conduct, of Morton, and Maitland, u Parl. Rec. 749-50 : When there were so many ratifi- cations passed, by that Parliament, his aged father obtained a ratification of the barony of Blyth. [Id.] But, the Secre- tary had himself no ratification of any thing, lid. ; Keith, 379.] 564 THE LIFE OF [MEM. VII. Memoir of to seize the Queen, by an armed force ; and, by it, to carry her to his castle of Dunbar. Both- well, thus, by coercion, obtained the guilty ob- ject of Morton, and Maitland, in obliging the Queen, to consent to marry him. Maitland proceeded one step further, in obtaining that guilty object : He followed the Queen, as Se- cretary of State, to Dunbar-castle, not to give her good advice; but, to encourage her, to agree to marry the ravisher, as her most salu- tary step. Secretary Maitland, continuing his villanous career, after betraying the Queen, by so many criminal artifices, into the ruffian's arms, charged the Queen with the murder of her husband ; as she had married Bothwell, whose marriage contract he signed/ The Queen's marriage with Bothwell was scarcely consummated, in pursuance of all those artifices, and violence, of Maitland, and Morton, than these two agents of Murray be- gan to intrigue against the Queen, and to treat Bothwell as a scape-goat. Maitland sat, on the 22d of May, in the Queen's council, as Secre- tary of State, seven days after her marriage with Both well. T And it is important to remark, that Maitland attended on his unfortunate mis- Keith, 379-83-5; Melvill, Mem. 80; Goodall, ii. 61. Keith, 387. Secretary Maitland.'] THE SCOTISH QUEEN. 565 tress, as Secretary, on the 15th of June, when she relinquished Both well, on Carberry-hill, and, joining the insurgents, was carried cap- tive into Edinburgh. Maitland, according to his practice, attended the Queen, on those oc- casions, in order to betray her. On the 16th of June 1567, she was committed prisoner to Lochleven-castle ; when Maitland joined the insurgents, as Secretary of State. A loud outcry was now raised, from feelings, which were more feigned than felt : No one cared for Darnley : But, the moment, that the Queen committed herself, by marrying Both- well, the publick indignation broke out, with great violence. Murray, and his two agents, Morton, and Maitland, had at length gained their great object ; as that indignation was now turned upon the Queen, from the real murder- ers of the King, Murray, Maitland, and Mor- ton. Elizabeth, and Cecil, gave notoriety to all those events, throughout France, and Spain, while the real murderers were concealed, from the eyes of the world. Cecil knew, from Murray, as he passed through London, on his way to Paris, what would happen, in Scotland. The insurgents, with Maitland, for their Secretary of State, cor- responded with Murray, through the friendly hands of Cecil : As soon as Maitland learned, 566 THE LIFE OF [MEM. VII. Memoir of that Cecil approved of the present insurrection, the insurgent Secretary began to correspond with Elizabeth's Secretary, whose protection was of infinite importance to the insurgent nobles. 1 Maitland, as Secretary of State, for the insurgent nobles, went forward to Fast- castle, to meet Throckmorton, who was sent, from Elizabeth, to intrigue among those nobles, for her own interest. Maitland managed this intrigue, on the side of the nobles, throughout Throckmorton's whole negotiation, in July 1 Maitland' s letter to Cecil, from Edinburgh, on the 1st of July 1567, at night ; in the Paper Office. Sir, Having conferred with Mr. Melvill, since his return, I perceive as well the continuance of your constant friend- ship towards me, in particular, as your allowance of this com- mon quarrel, enterprised by a good number of our noble- men, for the recovery of the honour of this country almost lost, for that shameful murder, in the same committed, and not punished j for which, your good disposition, I pray God, and do most heartily thank you. I do also understand by his report, that the Queen's majesty, your mistr'ess, is most gently inclined, to allow of the justice of our cause, and by her countenance to advance the same, which doing I am sure her maj. shall never have occasion to repent herself: For, as the matter is, in itself, godly, and worthy to be well taken of all Christian princes; so, I trust, her maj. shall find, hereafter, these nobles, not unmindful of that comfort whatsoever they shall receive, at her Highness's hands, to the furtherance thereof. Secretary Maitland^ THE SCOTISH QUEEN. 567 1567. He represented Maitland, as the only one of any eminence, in Scotland, who wished to restore the Queen, on condition of punish- ing Darnley's murderers, of a divorce from Bothwell, and of security for religion. " God knows," Throckmorton exclaimed, " he is for- tified, with very slender company, in this opinion." 4 Maitland, also, managed Throck- morton's intrigue, for sending the Prince into England, which disclosed Elizabeth's cloven foot. b Maitland concurred, with Throckmor- ton's insidious advice to Mary, for resigning her crown, on the pretence, that a resignation, during imprisonment, could not be lawful. This did not prevent Maitland, from attend- ing, at Stirling, as Secretary, during the coro- nation of the Queen's infant son, on the 29th of July 1567. d Maitland, immediately, joined Murray, at Whittingham, before the Regent arrived, at Edinburgh, on the llth of August ; and was present, as Secretary, when that art- ful statesman, formally, accepted, on the 22d of the same month, the predestined Regency." He still continued to negotiate with Throck- morton, under Murray's government ; and to * Robertson's Hist. App. No. xxiij Keith, 420-1. b Keith, 422. Melvill's Mem. 85; Goodall, ii. 166-344. d Keith, 437. ' Ib. 452. 568 THE LIFE OF [MEM. VII. Memoir of find argument, and eloquence, equipollent to the crafty wisdom of that very sufficient states- man^ It was in the midst of those conversa- tions, with Throckmorton, that Maitland dis- closed to him the ulterior charges, which the revolted nobles meant, to make against their imprisoned Queen. As early as the 25th of July 1567, they disclosed to him, their design of accusing the Queen of tyranny, of inconti- nency, of the murder of her husband ; whereof, as Maitland said, they had apparent proof; as well, by witnesses, as by her hand-writing, which they had recovered/ Such were the charges, and the proofs, which Maitland com- municated, who is supposed, to have contrived the whole charge against the Queen : He is, particularly, charged, on apparent proof, with being the forger of the supposititious letters of Mary, which now began to be talked of, pri- vately, rather than disclosed publickly. Those letters were first relied on, as evidence, in the Secret Council of the 4th of December 1567, when the revolted nobles thought it necessary, to prepare, for the approaching Parliament, sufficient motives, to justify their revolt, their 1 Ib. 457-8. * Throckmorton's letter, Cot. Lib. Cal. C i.j and Goodall, ii. 61. Secretary Maitland.'] THE SCOTISH QUEEN. 569 imprisonment of the Queen, and their seizing of her government. Maitland sat in this Secret Council ; and it was his duty, as Secretary, to see that the Act of Privy Council was fitly drawn : And, as Secretary he must have seen those letters, and described them, from inspec- tion, as written, and subscribed, by the Queen. It is unnecessary to remark, how many of the Privy Counsellors, who now accused the Queen of the murder of her husband, were afterwards convicted themselves of that odious deed : One of these was Secretary Maitland, who was un- doubtedly guilty. When the Parliament met in December, it was equally the duty of the Secretary to exhibit those proofs of the Queen's guilt : He went into the Committee of Articles, without the Queen's letters ; but they did not now appear the same ; being only written by her, and not subscribed : h But they were not produced in Parliament. Among the million of guilty acts of Maitland's life, the charging of the Queen with murder, and bringing forward such fictitious letters, as proofs of the crime, whereof he was himself, attainted, by subse- quent Parliaments, is the most hideous. In the meantime, the Secretary's father, Sir h See the Statute Book; Goodall, ii. 67; Anderson's Col. 570 THE LIFE OF [MEM. VII. Memoir of Richard Maitland, at the age of seventy-two, resigned, on the 20th April 1567, the Privy Seal, to his second son, John, the Commenda- tor of Coldingham. This venerable man, who lived to ninety-two, appears to have been deep- ly affected, by the sad scenes of violence, and tergiversation, which had been long acted before the disgusted nation. And, he gave vent to his feelings, in his Satire on the 4ge, and in other poems, which paint in true, rather than brilliant colours " the oppression of the com- mons."' The good old man bestowed on his son, who was certainly as accomplished, as he was knavish, much salutary advice, which, it had been happy for his fame, his fortune, and his country, had he as sincerely followed, as his father had affectionately given. The conspiracy, for dethroning the Scotish Queen, and crowning her infant son, may claim Secretary Maitland, for its contriver. The es- cape of Mary, from Lochleven-castle, on the 2d of May 1568, gave rise to many events, in the annals of Scotland, and in the life of Mait- land. He fought against his indulgent mis- tress, at the battle of Langside, on the 13th of the same month, the loss of which obliged her to seek a fatal refuge in England. 11 The Se- 1 See his Poems throughout. k Keith, 481. Secretary Maitland.'] THE SCOTISH QUEEN. 571 cretary, with his brother John, the Privy Seal, were two of the Commissioners, for opening the Parliament of July 1568. 1 He sat in that Parliament, when many of Mary's friends, who had fought for her, at Langside, were for- feited. The distresses of Mary, and the artifices of Elizabeth, produced the project of an inquiry, in England, as to the recent events, which had ended, with the expulsion of the Scotish Queen. That such an inquiry, conducted, as it must have been, by the genius of Cecil, must neces- sarily, end, in the disappointment of the Sco- tish Queen, and in the disgrace of her oppo- nents, was quite apparent. The Regent, the Chancellor, Morton, and others of less note, were appointed Commissioners, to manage the inquiry, on behalf of the infant King against his mother : The Regent Murray seems to have been somewhat puzzled, whether to leave Se- cretary Maitland, in Scotland, or to carry him, with the Commissioners, to the inquiry at York. In this choice of difficulties, Murray chose to carry Maitland with them, as an Assistant Commissioner. 11 The Commissioners 6f Eliza- 1 Parl. Rec. 805. m Ib. 806-7. n Spottiswoode, 218 ; Goodall, ii. 109 : It should seem, that Maitland had long opposed the sending of any Com- 572 THE LIFE OF [MEM. VII. Memoir of beth, of Mary, and of the infant king, at length assembled at York, on the 4th of October 1568. The oaths being taken By all parties to act, honestly, proceeded to the business of the in- quiry, by the exhibition of their several com- missions. While the English Commissioners were thus occupied, though they had taken the oath of fidelity, which required fair dealing, on the pro- posal of Murray, they allowed his assistants, at the head of whom was Maitland, to lay before them, privately, the whole proofs, forged, and unforged, against the Scotish Queen, which the English Commissioners abstracted, and sent to Elizabeth. Of the unfairness of this, little need be here said. Norfolk was after- wards charged with perjury ; as he had acted against his oath of honesty. In this manner, then, was an attempt made, thus covertly, to convict the Scotish queen of the murder of her husband. p missioners, as unfit, both for the country, and the Queen. He is said to have been induced to accompany Murray, " by large promises of rewards." On the 18th of September 1568, the day, on which the Commissioners were appoint- ed, the Treasurer, by the Regent's order, paid 200/. to Se- cretary Maitland, who was going to England, with his grace. [Treasurer's Ace. of that date.] Sadler's State Papers. F That disgraceful transaction is recorded in the Cot. Lib. Secretary Maitland.'] THE SCOTISH QUEEN. 573 Elizabeth, suspecting some secret move- ments, at York, removed the inquiry, from thence, to Westminster. Maitland, and M'Gill, were directed to repair to court, for managing the renewed inquiry, on the Regent's side. On the 25th of November, the inquiry was renew- ed, at Westminster. On the morrow, by the management of Cecil, Murray was induced, contrary to his engagement with Norfolk, to charge the Queen with the murder of her hus- band, which he undertook to prove. q It did not require the reproaches of Maitland, to make Murray feel the compunction of breach of trust. Yet, after the conference had been suspended, another agreement was entered into, between the Duke, and the Regent, which had, for its end, a marriage, between Norfolk and the Sco- tish Queen. In this well-meaning, but impru- dent measure, Maitland had his full share/ And though Mary, and Norfolk, never saw one another ; yet, did they carry this intercourse the full length of virtual betrothment. On the 18th of January 1568-9, after Elizabeth had Calig. C i. f. 1 98 j and was transcribed into Anderson's Col. ii. 58 ; and Goodall, ii. 140-1. i Goodall/ii. 192-2O6; Melvill's Mem. 96-7- r Tytler, ii. 209-10; Robertson, i. 300; Melvill's Mem. 98-9. TOL. III. P p 674 THE LIFE OF [MEM. VII. Memoir of obtained her object, by a formal charge against the Scotish Queen of an odious crime, Murray, and his associates, set out, for Scotland. As Mary was thus charged, with her hus- band's murder, on very doubtful proofs, she now returned the charge on her guilty accusers. In her instructions to her Commissioners, at York, she had pointed, at Maitland, with- out naming him, as the forger of the letters, which had been mentioned as hers, before the Privy Council, and Parliament, of Scotland.' Without knowing what documents had been produced, at Westminster, against her, she ear- nestly asked for a sight of them, or copies ; en- gaging to prove their falsehood : But, though this request was allowed to be just, it was al- ways denied ; as Cecil, and Elizabeth, knew that Murray's proofs could not bear examina- tion. Mary undertook, if these copies were given her, to prove Murray, at least his principal associates, on that occasion, guilty of the mur- der of her husband : Cecil, and Elizabeth, knew that she pointed at Maitland, and Morton, as the most guilty persons ; and they feared, that 1 In the Act of Parliament, forfeiting Bothwell, there was a clause, mentioning Huntley, and Secretary Maitland, that was abstracted, when sent to England, as proof. Acta Parl. in. 8, the clause, within the hooks [ ]. Secretary Maitland.] THE SCOTISH QUEEN. 575 themselves might be implicated, in the result of such recriminations.* They closed this scan- dalous inquiry, for ever, though they affected only to adjourn it. Their sole object had been, from the beginning, merely, to disgrace the Scotish Queen, by means of Murray's calum- niations ; and they obtained their odious end, but with their own shame, Murray's dishonour, and Maitland's ruin. The Scotish Commissioners returned to Scotland, on the 2d of February 1568-9.' We have seen the intrigues with Norfolk begin, at York ; they were continued, throughout the whole course of the inquiry, at Westminster, and Hampton-court ; and they were continued, after the inquiry closed, and the Commissioners had separated, never to meet again. Mary, and Norfolk, talked in vain of a marriage, while her previous marriage with Bothwell, which had been so reprobated, remained undissolved. The intrigue, as it was now continued, during summer * See Goodall, ii. 807-12. Soon after her arrival, at Car- lisle, Mary had informed Lord Scrope, and Sir F. Knollys, as we have seen, that Maitland, and Morton, were partici- pant in her husband's murder, however, they affected then to prosecute others, for their own crime : This information Scrope, and Knollys, had conveyed to Elizabeth, by their letter, from Carlisle, of the 29th of May 1568. See it in Goodall, ii. 69. " Privy Seal Reg. xxxviii. 25. 576 THE LIFE OF [MEM. VII. Memoir of 1569, naturally, assumed two points ; to gain Murray's consent to the proposed marriage of Mary with Norfolk ; and above all, to obtain a parliamentary divorce, from the expatriated Bothwell, which, we might suppose, would have been readily granted, as the separation of Mary, from Bothwell, was one of the avowed principles of the revolt, which ended in the Queen's dethronement/ While all these hopes of success, and hap- piness, were indulged, a pretty numerous con- vention of prelates, and nobles, was assembled, at Perth, on the 25th of July 1569, for the pur- pose of discussing Elizabeth's proposals, with regard to Mary. T Throckmorton, and Mait- * On the 1st of June 1569, Norfolk wrote Murray, in cypher, urging him to assent to the marriage. Cecil's Journal, in Murdin, 767. On the 1st of July, Norfolk, and Throckmorton, wrote both to Maitland, and to Murray, on the subject of Mary's marriage with Norfolk ; and Lord Boyd was made the bearer. Id. ; Spottiswoode, 230 ; and Robertson, i. 303. On the 3d of July, Maitland wrote to Throckmorton, on the same subject. Id. On the 20th of July 1569, Throckmorton wrote to Maitland in answer. Ro- bertson's App. vol. i. No. xxxii. They had even obtained, from Bothwell, powers, enabling Lord Boyd, to assent, for him, to any proceeding, for his divorce, from the Queen. [The Kilmarnock Archives.] * Cabala, 1 55 : For the names of the persons, who at- tended that convention, see a very rare 4 to. pamphlet, being a collection from the records of the three Bands, p. 12-15. Secretary Maitland.] THE SCOTISH QUEEN. 577 land, now expected that Murray would, at this convention, carry through the divorce of Mary, from Bothwell ; and that Maitland would be sent into England, to negotiate the marriage of Mary with Norfolk. It is astonishing, that two such profound statesmen, as Throckmorton, and Maitland, could, for a moment, suppose, that Elizabeth would allow the Duke of Norfolk to marry the Scotish Queen. They had been de- luded, egregiously, and by none more than by Murray: He had acted, deceptiously, throughout : And, he now induced the con- vention, to disapprove of divorcing the unfortu- nate Queen. The leaders of this convention, with Lord Chancellor Morton, at their head, the very men, who had revolted, with the de- clared design, of separating Mary from Both- well, now refused their consent, for that end ; and the only reason, which Murray, and his faction, assigned, for breaking their engage- ment to the Queen, when she joined them on Carberry-hill, was, that, she refused to be se- parated, from Bothwell, after she had, in fact, separated herself, from him. But, they all acted, under the artifices of Cecil, in obedience to Elizabeth's wishes, and in still greater sub- servience to their own interests. Disappointed in all his hopes, and disgusted, at Murray's perfidy, Maitland retired, from the 578 THE LIFE OF [M EM . VII. Memoir of convention, with his powerful friend, the Earl of Athol: And Murray returned to Stirling. 1 Here, then, was the crisis, whence those two associates, in roguery, Murray, and Maitland, separated, for ever. Murray was, equally, dis- gusted with Maitland, for projecting the re- storation of Mary; and having shown his own duplicity, he dreaded Maitland's power of mischief. The Regent would have impeach- ed the Secretary, in the late convention; but, he feared his many friends, and he knew, that the Atholmen, at the command of their * Cecil wrote to the ambassador, Norris, at Paris, on the 3d of August 1569 :" The 25th of last month, the Earl of Murray began a convention, at St. Johnstown [Perth] j and meaneth to send us, as I think, the Lord Ledington [Maitland] hither, with his mind, concerning the Queen of Scots." Cabala, 155. On the 13th of August, Cecil again wrote to Norris : " The convention of St. Johnstown was dissolved about the 2nd of this month ; and on Wednesday last, came hither one Alexander Hume, from the Regent, with letters ; declaring that he had an universal obedience, in Scotland ; and that the States, there, would not consent to any thing, concerning the Queen of Scots's restitution, by any manner of degree ; wherewith, her majesty is not well pleased ; because she hath a disposition to have her [the Scotish Queen] out of the realm, with some tolerable con- ditions, to avoid peril, which is a matter very hard, at least to me, to compass." Cabala, 155-6. There is no end to the oracles of this Nostradamus ! Why did not they tell the Scotish Queen to quit the English kingdom ? Secretary Maitland^ THE SCOTISH QUEEN. 579 Earl, could have surrounded the convention of Perth, at an hour's notice. Murray now resolved to crush Maitland, at a blow." But, it was necessary to calm the ruffled spirits of Maitland, before he could get him within his fangs : And he wrote him several friendly letters, from Stirling ; requesting his presence, in council, there ; to settle a dispatch for England. Maitland, and Athol, were thus in- duced, to attend the Council, at Stirling : But, they had no sooner entered the council-chamber, than the notorious Thomas Crawford entered with an accusation of Maitland, as a participant, in the murder of Darnley. b Maitland offered security, to answer the charge : but, the pre^. determined Council voted his immediate inv- prisonment : And Murray, thereupon, commit- a It is curious to remark, that the despicable farrago of falsehood, called Paris' s confession, which was drawn up, by Buchanan, and Wood, under Murray's eye, on the 10th of August 1 569, mentions Maitland, and Sir James Balfour, as privy to Darnley's murder, Anderson's Col. ii. ; Goodall, i. 148. Throughout the plots, for the murder of Darnley, and the dethronement of Mary, Maitland acted, under Murray, as his master : Yet, in the logick of some, Mait- land was guilty, and Murray was innocent ! b Crawford was a retainer of Lennox ; was mentioned in the fabricated letters, as a confident of Darnley : and was carried to London, for the odious purpose of testifying, what he did not know to be true. Goodall, i. 53. 580 THE LIFE OF [M EM . VII. Memoir of ted this famous Secretary to Stirling-castle. On the same night, the Regent caused Si James Balfour to be arrested, upon the sam charge. Murray, with his usual duplicity, protested, that Maitland was accused, and Balfour arrested, against his will ; and that the Council was so banded against both, that it was not, in his power, to save them from prison. Kirkcaldy, the gallant governor of Edinburgh- castle, hearing of those arrests, sent a message, to the Regent, demanding that, the like justice should be done upon the Earl of Morton, and Archibald Douglas* We thus see, that the Regent knew, that Maitland, and Balfour, were guilty : Kirkcaldy knew, that Morton, and his relation Archibald Douglas, were also guilty : And, we shall perceive, in our progress, that the whole four were positively guilty/ The Regent appointed the trial of Maitland, on the 24th of November 1569. Athol mean- c Melvill's Mem. 100. d For all those curious intimations, see Melvill's Mem. 100 j Spottiswoode, 23 1 -"2 ; and the contemporary History o King James VI. 69-70 j Goodall, i. 397 : In the Cottoi Library there is a letter, from Maitland, 30th of October 1569, to one of his friends ; requesting him, to appear, at Edinburgh, on the trial of the charge brought against Mait- land, for being concerned in the murder of Darnley. Calig. C. i.346. Secretary Maitland] THE SCOTISH QIIEEN. 581 time retired into the fastnesses of his alpine country. Murray conveyed Maitland, from Stirling to Edinburgh, where he was lodged in a house near the castle, under an appropriate guard. 6 Kirkcaldy, the governor of Edinburgh- castle, hearing that Maitland was to be sent to Tamtallon-castle, and knowing that, his de- struction was predetermined, resolved to rescue him : and, pretending a warrant, from the Regent, he easily imposed upon Maitland's guard, and carried him, triumphantly, into the castle/ To be thus circumvented, by a blunt soldier, who was not famous for his guile, sunk deep into the Regent's heart. 8 He dissembled, however, his disappointment ; and, with his e Melvill, who then enjoyed the Regent's confidence, says, that the reason, for lodging Maitland so near the castle, was, to decoy the governor, from his castle, on the morrow, under the pretence of receiving Maitland into his safe custody ; and, if he should come out, the Regent meant to detain him, till he should surrender the castle to a dif- ferent keeper : And, Melvill also relates, that Morton had appointed four assassins, to slay Kirkcaldy, at the entry of the Regent's lodging, without his knowledge, indeed : But, as Kirkcaldy distrusted the Regent, he avoided the snare. Melvill' s Mem. 101. f MelviU's Mem. 100-1 j Spottiswoode, 232. 8 " I know," says Melvill, "that the carrying of Maitland to the castle sunk deepest into the Regent's heart." Mem. 102. 582 THE LIFE OF [MEM. VII. Memoir of accustomed artifice, endeavoured to decoy the governor, from his castle : But, Kirkcaldy had now seen so much of Murray's perfidy, that his distrust was quite awake to the Regent's wiles.' 1 And, so anxious was Murray to regain Mait- land, that he went himself into the castle : " For he durst trust Kirkcaldy ; though Kirk- caldy would not trust Murray. 1 The Regent now employed all the artifices of dissimulation in vain : k Kirkcaldy refused to deliver Mait- land ; but promised to bring him into court, on the day of trial. 1 This respectable soldier continued to resist every device, which subtilty could suggest, for inducing him to betray the Secretary into the Regent's hands. Sir James Melvill, who would also be a statesman, propos- ed to the Regent, to allow Maitland to go into voluntary exile ; giving security, that he would not return, and offering his son, for a hostage. But, the Regent had views, which he did not open to the well-meaning Melvill. m The same states- man also interposed, in favour of Balfour, who had already gained the goodwill of the Regent's favourites, by means of money, that had been properly bestowed : And, Balfour even advised Maitland, to use similar means, promising h Id. j Spottiswoode, 232 ; Melvill, 101. k 76. 102. ' Spottiswoode, 232. m Mem. 102. Secretary Maitland.'] THE SCOTISH QUEEN. 583 equal success : But, the Secretary knew too well his own importance, to expect his safety, from such mean men." Meantime, Cecil had early suspected the in- tercourse of Norfolk, with the Scotish Queen ; and had carefully counteracted their measures. Murray, and Maitland, were both implicated in those intrigues. Murray, on that occasion, opened his bosom to Cecil ; and tried to make others equally loquacious. Robertson, the his- torical apologist of Murray, declares that, " He deceived and betrayed Norfolk, with a baseness, unworthy of a man of honour." p He not only acted basely himself, but endeavoured to make others act, with the same baseness : He practised his arts on Maitland, in vain : " Melvill, Mem. 101-2. Melvill intimates, that the wicked society, which surrounded the Regent, hated Maitland ; because he, as well as Kirkcaldy, despised their selfishness, and detested their rapacity ; and because his talents were so superior to theirs. Id. Cecil's Diary, Murdin, 767-8. On the 21st of Septem- ber 1569, George Carey was sent post to the Earl of Mur- ray, to understand his doings in the marriage. Id. The Duke of Norfolk was brought to Windsor, in charge of Edward Fitzgarret. On the 5th of October, the abbot of Dunfermling came from the Earl of Murray, with advertise- ment of his knowledge of the Duke of Norfolk. On the 9th of October, Norfolk was sent to the Tower. Id. f Hist. Scot. i. 533. 684 THE LIFE OF [MEM. VII. Memoir of The fear of death did not induce Maitland to reveal what he knew of Norfolk's conduct.' He even denied, that he had ever mentioned such a marriage to the duke, in direct terms. 1 Murray at length held a convention, to inquire into Maitland's guilt ; and to support his pro- ceedings, he stationed Morton, with three thousand men, at Dalkeith.' Kirkcaldy, in pursuance of his promise, now appeared before the Regent, and said he was ready to produce * There is, in the Paper Office, an unpublished letter from Murray to Cecil, of the 9th of October 1 569, where- in he says : " This my letter is formed upon the very words, and device, of the Lord of Lethington [Maitland] : How- beit, to be plain with you, he has flatly denied to me, in any sort, to be an accuser of the Duke of Norfolk ; thinking he shall escape from these storms." He accuses Maitland of corresponding with Cecil, though he had promised, that he would not. r In another unpublished letter, in the Paper Office, Mur- ray wrote to Cecil, on the 7th of November : " He had again questioned Lethington on the project of the marriage : But, he constantly affirms, that there was never any men- tion of the said marriage, betwixt the duke and him, in plain, and direct words, neither in privy conference, nor by letters, whatsomever he might otherwise of him&elf, and the proceedings there, collect in his own mind." He offers, that as soon as he shall have an end in the matter, that he is charged with here, he will, gladly, go into England, and answer before the Queen [Elizabeth.] The Hist, of King James VI. 76. Secretary Maitland^ THE SCOTISH QUEEN. 585 Maitland in judgment, if there were any one present, to accuse him. None appeared : and Maitland's brother protested thereupon, that the Secretary was entitled to his liberty ; since no one appeared to accuse him :* Murray now gave up the present pursuit of Maitland, by adjourning the trial, on pretence, that the con- vention, which he had called, for his accusa- tion, had only convened to prevent a failure of justice." A shot, from the vengeance of the injured Hamilton, soon after, sent Murray, to answer, untimely, for the various villanies of his artful life. x The moment that Cecil heard of the death of Murray, he sent off the notorious Randolph to Scotland, and the Bishop of Ross, as a pri- soner to the Bishop of London. Maitland took that occasion, to write Cecil : urging him, to use his influence, for reconciling the parties, which distracted Scotland.* Strange, that so acute a statesman, as Maitland, did not see, through the disguises of Cecil, that his artifices aimed, only, at distracting the country of his 1 The Hist, of K. James VI. 70. n See Murray's speech, from Calderwood's MS. Hist, in Goodall, i. 397-8. x That memorable event happened, on the 23d of Janu- ary 1569-70. Birrel's Diary; and Burleigh's Journal. i Murdin, 769. " Haynes, 575. 586 THE LIFE OF [M E M. VII. Memoir of hate. But, Maitland was still uncleared of the foul charge of Darnley's death. Morton him- self undertook this ungracious task, though he knew Maitland's guilt. A convention of those, " who hated the Queen, and her cause," was assembled, at Edinburgh, for that end. On the 14th of February 1570, it was urged, for Mait- land, that though he had been accused of Darnley's murder ; yet, that was not the true reason, which had moved the late Regent, to detain him. Each member being now asked, if he knew his guilt, made answer, that he esteemed him innocent ; and acknowledged him, to have been an useful instrument, in furthering God's glory, and the common good.* This declaration was signed, by Mor- ton, and twenty-one other counsellors of Mur- ray, and by Athol, the constant friend of Mait- land. 6 The exculpated Secretary now resumed his appropriate office ; and Kirkcaldy was freed from the charge of restraining the liberty of the friend, whom he had saved, by his spirit. Maitland now made use of his freedom, to reconcile parties, by promoting quiet. He en- deavoured to concert a meeting of the nobles Contemporary Hist, of K. James VI. 81 ; and the Act of Privy Council, in Goodall i. 398-9. b See the list, in the contemporary Hist, of K. James VI. 81-2. Secretary Maitland.} THE SCOTISH QUEEN. 587 of both parties, at Edinburgh, on the 4th of March 1570 : But, his success was not equal to is intentions, amidst such contrarieties, which were promoted by Cecil's wiles. He wrote soon after to Leicester ; urging him, to promote, in Elizabeth's mind, mutual reconcilement, rather than avowed hostilities.' Maitland gained many friends to this salutary principle ; among whom were Kirkcaldy, who held Edinburgh-castle ; Home, a powerful baron, on the borders ; and Athol, who repented, that he had ever drawn his sword against the Queen. He tried to collect the Queen's friends together : Some of those friends, on the 18th of April 1570, held a conference with Morton ; in order to settle the country, by some agreement : But, that in- terested chief could not be brought, to approve of reconcilement, knowing that, the English army was about to enter Scotland ; in order to chastise the Queen's friends. Kirkcaldy, mean- time, liberated from the castle, Lord Seaton, Lord Herries, and the Duke of Chattelherault. d But, entreaties were of little avail, in stopping the advance of the English army ; since there was no force, to oppose them. Maitland, and - Robertson's Hist. App. No. 1. On the 15th of March, the Earl of Sussex, as lieutenant of the North, went, north- ward, to make preparations, for war. Murdin, 769. d Bannatyne's Journal, ii.j Cabala, 162-3. 588 THE LIFE OF [MEM. VII. Memoir of and Kirkcaldy, remonstrated, in vain. Sussex, who commanded the invading army, demanded, that the friends of the Scotish Queen should disavow their proceedings, at Linlithgow. 6 The English army conducted the Earl of Lennox, who was destined, to be the new Regent, to Edinburgh, on the 13th of May 1570, whence they departed, for Glasgow, on the 16th. f On the same day, Foster, the captain of Warke- castle, made an inroad into Lauderdale, and ravaging the estate of old Sir Richard Maitland, carried off whatever could be moved. The ve- nerable knight was thus injured ; because he was the father of the renowned Secretary ; and he felt it the more, as he considered it as done, in time of peace. 8 This invasion was an act al- together worthy of Cecil's malignity, and Eli- zabeth's baseness. Maitland now found it necessary, to look, for shelter, in the recesses of Athol, where he re- mained, during the summer. 11 He wrote the Bishop of Ross, who then lay at Chatsworth, to know, if he might come into England, on his Spottiswoode, 239-40. f Bannatyne's Journal, 16-17. See Maitland's Poems, ii. 305 : Sir Richard soon re- sumed his good humour, which enabled him to write some verses, which he called, " The blind Baron's comfort." h Bannatyne's Journal, 22, who is studious to insult the Secretary. Secretary Maitland.'] THE SCOTISH QUEEN. 589 former footing-. But, the bishop was told, by Leicester, Elizabeth's favourite, " that she will no ways have you come, as one of the commis- sioners ; because she is yet offended with you." 1 By the influence of Elizabeth, and the direc- tion of Cecil, the Earl of Lennox was chosen Regent of Scotland, on the 17th of July 1570." Randolph, the experienced agent of Elizabeth, began now to exert his usual artifices. And, he tried his unprincipled arts, to detach Mait- land, and Kirkcaldy, from Mary's friends, by acknowledging the King's regent. 1 But, they ' Robertson's App. iii : Lesley's letter is curious : " Your answers to the Englishmen are thought very good ; but, you will do well to keep out of their hands : I am sorry, you cannot come, for the great relief, I hoped to have had, by your presence j for you could well have handled the Queen of England, after her humour, as you were wont to do." Id. k Cot. Lib. Calig. C. ii. 271. 1 On that occasion, Randolph wrote Maitland, and Kirk- caldy, a letter, which is preserved, in Strype's Annals, ii. App. No. ix j and which is extremely curious, both for its topicks, and style. " As for conscience ; he reasons, she is not worthy to live whose cause ye defend, having committed so horrible an offence : Ergo, no conscience, by order, to put her down : And less, not to obey her -, least to obey her unjust quarrel. This you know yourselves : This you have spoken yourselves. This you have allowed yourselves. Yourselves wrote against her, fought against her; and were the chiefest cause of her apprehension, and imprison- ment, and dimission of the crown j with somewhat more, VOL. III. Q q 590 THE LIFE OF [MEM. VII. Memoir of knew each other's principles, and practices ; and Randolph reasoned, and threatened, in vain. This corrupt agent now advised the Regent, to irritate Kirkcaldy, by all manner of slights, to himself, and to his dependants. 10 The chiefs of the Queen's party, with Mait- land, at the head of them, soon after, held a council, during several days, at Blair of Athol." The Secretary, though afflicted with the gout, was the soul of all those consults. He pre- vailed so far with the courts of France, and Spain, feeble as they were, as to engage Eliza- beth to enter into a new negotiation with the Scotish Queen. And he laboured, successfully, that we might say, if it were not to grieve you too much here- in. [He means their participation, in Darnley's murder :] But, plainness argueth friendship 3 and so do, I trust, yee take it. So that you two were the chief occasions of all the calamities, as she hath said, that she is fallen into : You, Lord of Liddington, by your persuasion, and counsel, to apprehend her, to imprison her ; yea, to have taken pre- sently the life from her : And you, Lord of Grange, by your solicitation, travel, and labour, to bring in others, to allow thereof; and to put in execution that, which by the other, you Lord of Liddington was devised." It is very horrid, to hear this corrupt agent, talk in this manner, who was parti- cipant, in every crime, which had disgraced Scotland, from the interception of Mary, till the murder of Darnley. m Melvill's Mem. 108. n Bannatyne's Journal, 37-8, which contains the names of the persons, forming that convention. Secretary Maitland.'] THE SCOTISH QUEEN. 591 for an abstinence from hostilities,for two months, commencing from the 3d of September. In violation of this truce, the Regent made an attack on Maitland, by citing him to appear before the council ; and on his failing to appear, the Re- gent proclaimed him a rebel, and deprived him of the office of Secretary. His office was con- ferred on Pitcairn, the commendator of Dun- fermlin. A party of soldiers was, soon after sent, by the Regent Lennox, to take possession of the castle of Lethington, and to lay waste the estates of the venerable Sir Richard, as well as those of his son, the Secretary. Com- plaint was made of this breach of the absti- nence from warfare, to the Earl of Sussex, Eli- zabeth's lieutenant, in the North. p The Regent answered, that Maitland being the King's sub- ject, who had submitted to the royal authority, could not claim the benefit of the truce. But, of the Scotish nobles, in that corrupt age, it cannot be said, in Milton's language, " that they were burdened, with the debt immense of endless gratitude." Maitland had performed the part of Chancellor, in that Parliament, which restored the titles, the estates, the blood See the terms of it, in Spottiswoode, 243. It was con- tinued, by several renewals, till the 1st of April 1571: P Spottiswoode, 244 ; Contemp. Hist, of James VI. 108-9; and Dalyell's Illustrations of the Scotish Hist,, 520, 692 THE LIFE OF [MEM. VII. Memoir of of Lennox, for whom he made an admirable oration : And he had afterwards lent him money, as we have already seen. Maitland now avowed, that he would not acknowledge the Regent ; and that he was on the side of those, that would perform their duties to the Queen of Scots, and her infant son. In this reciprocation of words, which, as Shakspeare says, " if they help nothing else ; yet, do they ease the heart," Lennox replied that, it was no wonder Mait- land should not acknowledge him, as Regent : since he had been accused of the foul murder of his son, Darnley ; that though he had declined, contrary to his engagement, from the King's party, he must still be subject to accusations against him, in the King's name : And as it was not the English Queen's object, to protect any one under the late abstinence, who was sup- posed to be guilty of the late King's murder, he who had been charged therewith, during the late Regent's time, ought not now to com- plain of a breach of truce. q Lennox seems to have been now acting under Randolph's advice, to vex his opponents, as if any thing were to be gained, by the irritation of such a man, at such a moment. In answer to some proposal of Sussex, respecting the intended treaty, the * Spottiswoode, 244. Secretary Maitland.'] THE SCOTISH QUEEN. 593 Regent professed to give no molestation to the Commissioners, on the Queen's part, in their journey, provided their names, and the number of their train, might be notified ; otherwise some that were guilty of the murders of the late King, and Regent, might steal away among them/ This seems to have been intended, as a bar to Maitland, who was thus pressed on a delicate point, by the imprudence, or enmity, of Lennox, who, if he had pressed Bothwell, when that guilty noble stood at the bar of the Justiciary Court, might have prevented much mischief, and many crimes. In contemplation, however, of such a treaty, Maitland arrived from Athol,"in Edinburgh- castle, though oppressed by the gout, in April 1571.* In the night of the 14th of April, Captain Melvill seems to have come, from the castle, to the printing-house of Robert Leck- previck, who printed the Cameleon, Buchanan's well-known libel against the Secretary's ter- giversation : Buchanan, in his zeal, forgot, that he himself was a Cameleon ; that too many, in Scotland, were but Cameleons of the worst kind : But, Leckprevick, and his libel, appear to have found refuge, in some safer place. 1 On the Spottiswoode, 246. Bannatyne's Journal, 130. * Jb. 130-1. 594 THE LIFE OF [MEM, VII. Memoir of 14th of May, the Queen's party held a Parlia- ment, in its usual place, the Tolbooth of Edin- burgh ; while the Regent held a Parliament of the King's party, in the suburb of the same city, called the Canongate. Neither of these Parliaments can boast of their abstinences. In the Regent's Parliament, which was urged by the vigour, or enmity, of Morton, the Chancel- lor, was, plainly, the least moderate, in its legis- lation. Maitland, and his two brothers, and three of the Hamiltons, were attainted of trea- son. The crime of Maitland was specified to be, " the foreknowledge, and counsel, of the murder of the late King."" The same nobles, Morton, Mar, and others, we may observe, who now attainted Maitland of the King's murder, had all concurred, in signing a declaration, on the 14th of February 1570, as to Maitland's in- nocence of the same crime.* By what evidence, they were induced to change their former opinions, and to declare him innocent, does not appear. In this manner, then, was this able man found guilty of the treasonous murder of the late King, which he had undoubtedly sug- " Bannatyne's Journal, 154; Spottiswoode, 253. These attainders were ratified, in the following Parliament, at Stir- ling, the 28th August 1571. Ada Parl. iii. 58-9. * Contemp. Hist. K. James VI, 81-2 ; Spottiswoode^SSS. Secretary Maitland.'] THE SCOTISH QUEEN. 595 gested, and promoted ; and was punished, for his guilt, as well as, for his duplicity, and ter- giversation. After Morton had become Regent, Maitland, in December 1572, wrote a letter to the Laird of Carmichael, for the inspection of his master, Morton ; reminding him of the old friendship, between them, and of the many services, which Maitland had done to Morton ; and accusing the Regent of having been the chief procurer of his pretended forfeiture, for a crime, wherein he knew, in his conscience, Maitland was as innocent as himself. To these several charges, and insinuations, Morton an- swered, as follows : " That I knew him, as innocent as myself, the contrary thereof is true : for, I was, and am innocent thereof; but, cannot affirm the same of him : consider- ing what I understand, in that matter, of his own confession of before to my self " J It was but a sorry sight, to see two assassins, the one the Secretary, the other the Chancellor, of Scotland ; accusing each other of such a crime, as the King's murder. Maitland was thus at- tainted; and appears to have confessed the crime, in his moments of confidence, to the y Those two very instructive letters of Maitland, and Mor- ton, are preserved, and published, in Dalyell's Illustrations ofScotishHist.,474-5; 480-1. 596 THE LIFE OF [MEM. VII. Memoir of Chancellor : Morton was afterward convicted, and on the block of shame s confessed the same crime : It was a grievous aggravation of their guilt, that they endeavoured, by falsification, and by perjury, to fix the same offence on their sovereign, whom they betrayed, and whom they knew to be innocent : But, it was some exte- nuation of Maitland's guilt, that he had en- deavoured to prevent Murray's accusation of the Queen before Elizabeth ; and to restore her to her rights. But, new changes were at hand. Lennox was killed, at Stirling, on the 4th of Septem- ber: And, on the 5th, the Earl of Mar was chosen Regent in his room. 1 On the 7th, a writing, from a Parliament of the King's friends, at Stirling, was sent to the Queen's party, within the town, and castle, of Edin- burgh, with some intimations of reconcilement.' On the 8th of October, Elizabeth's answer, to the writing, which had been sent her, by Mait- land, and Kirkcaldy, was delivered to them. b Two days after, they sent her a replication ; so ready were the head, and hand, of Maitland/ z Bannatyne's Journal, 255-6 ; Ada Parl. Hi. 65. Bannatyne's Journal, 263-6. That writing was chiefly addressed to Maitland, who was known to be the soul of the Queen's party. b Robertson's App. ii. No, iv. Bannatync, 272-3. Secretary Maitland.] THE SCOTISH QUEEN. 59? The same messenger soon returned, from Ber- wick ; and delivered to those within Edinburgh- castle, Maitland, and Kirkcaldy, Elizabeth's conditions, which they had already contemned. 4 The storm, which had cast down the house of Norfolk, in 1571, and which, in its ef- fects, involved the fortunes of the Queen of Scots, continued to be felt, in Scotland, at the beginning of the subsequent year.' The Regent, Earl of Mar, was willing to promote the quiet of his country, whatever might be wished, by Cecil 5 or desired, by Elizabeth : But, he was, constantly, thwarted by Morton, who was promoting the objects of Cecil, while he sought his own/ At the end of July 1572, the Regent agreed to an abstinence, for two months, commencing from the 1st of August ; in order to negotiate the pacification of those civil broils, which had so long harassed a dis- tracted country. 8 Meanwhile, arrived, at d Ib. 275-6. * Murdin, 771-2. f The Regent had been induced to appoint Morton the King's lieutenant, in the South ; and, of course, Morton commanded the whole of the hostilities against all those, who held the castle, within, as well as, their connexions, without. * Cot. Lib. Calig. C iii. 325-33 : As this abstinence was contrary to Morton's wishes, it was soon violated; and Maitland, and Kirkcaldy, complained of this, in vain. Ib. 598 THE LIFE OF [MEM. VII. Memoir of Edinburgh, Killigrew, Elizabeth's envoy, to ne- gotiate, for her interests ; bringing with him two familiar letters, from Secretary Cecil to Maitland, and Kirkcaldy. h Killigrew sent those letters by Melvill, while he communicated his commission to the Regent. The English en- voy returning from Stirling to Edinburgh, went into the castle to visit Maitland, and Kirk- caldy, whom he found much more reasonable, in their desires of peace, than the Regent's party. 1 The Regent still considering the quiet of the country, as his great object, employed Sir James Melvill, as his envoy to Maitland, and Grange. He found them, as Killigrew had already perceived, very desirous of peace. k 335-38-83. On the 30th July, when the Abstinence was signed, Maitland wrote to Cecil j representing his inten- tions, and services, in making the Abstinence; and court- ing Cecil's favour, which was not to be had, without sub- servience. 16. 332. On the 10th of August, Maitland wrote to the Scotish Queen, representing the oppressed state of her party, in Scotland ; the cruelties exercised on those, who held Edinburgh-castle ; the remissness of France, in affording aid : And he added, that they had been compelled to agree to an Abstinence : This letter was intercepted. 76. 364. h Bannatyne, 388 ; Melvill's Mem. 115-17- 1 Melvill, 116. k /6. 117; wherein their reasonable terms may be seen ; and may be compared with the same terms, as stated, in Secretary Maitland.'] THE SCOTISH QUEEN. 599 The Regent agreeing, as we have seen, to the terms of Maitland, and Kirkcaldy, came from Stirling to Edinburgh, for the convenience of the Privy Council, towards the ratification of the peace, which was so necessary, for all par- ties. 1 The abstinence, which was about to ex- pire, was continued first, for eight days, and afterward, for two months ; in order to settle a comprehensive peace, for so many parties : m But, the star of Morton, shining always bright- est, during the troubled atmosphere of his country, shed its baneful influences on the Re- gent's measures. Mar sickened at the sight : and retiring to Stirling, disappointed, and cha- grined, he died on the 28th of October 1572 : n Spottiswoode, 263 : But, the Regent's answers, in Spottis- woode, 264, do not agree with those in Melvill, who ex- pressly says, that the Regent agreed with those terms j calling in Murray, the Comptroller, to witness the condi- tions : And, Melvill adds, " the Regent put his hand in mine, and did swear to the peace, in the said Comptroller's pre- sence." Melvill's Mem. 117: So that Spottiswoode must be, egregiously, mistaken, in relating this transaction. 1 Melvill, 118. m Banriatyne, 397. Maitland, and Kirkcaldy, said to Melvill, " They desired no man's lands, nor goods ; but only the liberty, of peaceably enjoying, their own." The Governor of Edinburgh-castle, indeed, desired the Regent, to pay for repairing the castle, and artillery, which the Re- gent agreed to. Mel. Mem. 117. Such is Spottiswoode's account of the death of the 600 THE LITE OF [MEM. VII. Memoir of And he was succeeded, by Morton, as Regent, under the happier auspices of Cecil, and Eliza- beth, whose agent he was, in an evil hour, for his country. Maitland, and Knox, were old enemies, as Cecil had once been. When Kirkcaldy, as governor of the castle, commanded, also, the city of Edinburgh, Knox retired, from his en- mity, to St. Andrews. When the Abstinence enabled the preacher to return, he was invited back to his charge, by the appropriate Commis- sioners : But, he would not consent, to return, till those Commissioners stipulated, that his tongue should not be bridled, from railing against Maitland, Kirkcaldy, and their asso- ciates, in the castle. Of this privilege, he made abundant use ; thinking to make them, by ve- hement accusation, as odious to the people, as the preachers had made the Queen. He at length accused Maitland of atheism. Of such an accusation, Maitland complained to the con- Regent Mar, Hist. 264. But, Melvill, who acted, in the pas- sing scene, tells this sad tale, in very different terms : Till the Privy Council could be convened, the Regent went to Dalkeith, where he was nobly treated, by the Lord Mor- ton j shortly after, he took a vehement sickness, which caused him to ride to Stirling, where he died regretted, by many : Some of his friends, and the vulgar, suspected, he had got- ten wrong at Morton's banquet. Mem. 118. Bannatyne, 372-3. Secretary Maitland.] THE SCOTISH QUEEN. 601 stituted authorities of the Edinburgh Church ; charging the preacher with abusing his privi- lege, with want of Christian charity, and de- fiance of good order, without which no esta- blished society could possibly exist. The feebleness of Knox's answer seems to evince, that he had said of Maitland what he could not prove : But, it was vain to seek redress, from such men, during such times.* The preachers had learned, from Knox, that there could be no preaching, without impertinence ; and the people had been taught, to allow impertinence, rather than want preaching. Neither party seemed to look up through the Scriptures to the example of the Saviour of mankind, which was meekness itself ; or to consider, that his divine doctrine consisted in meekness ; or to advert, that charity, and calumniation, cannot exist together; as their several qualities are quite distinct. Knox died, on the 24th of Novem- ber 1572, the ominous day, on which Morton was chosen Regent.* It was the opinion of the historian, Robertson, that Knox's sermons had taught the Scotish people liberal notions of true government/ The historian had certainly * Ib. 415-16. * Bannatyne, 425-7. r The historian Hume seems to have thought, differently from Robertson, touching Knox, and his sermons, 602 THE LIFE OF [MEM. VII. Memoir of never heard Knox's sermons, and had, perhaps, never read his " First Blast of the Trumpet against the monstrous Regiment [Government] of Women."' Knox therein expresses his as- 1 I have before me the first edition of this book, 1558, without the printer's name. This libel, as we learn from Strype, was answered, by John Aylmer, who was afterwards Bishop of London, in a tract, entitled " An Harborowe for faithful and true Subjects, against the late blown Blaste concerning the Government of Women." This curious book, which seems to have been printed, at Strasborowe, in April 1559, I have now before me. " Happening not long agone," he says, " to read a little booke, strange written, by a stranger, to prove, that the rule of women is out of rule, and not in a commonwealth tolerable : And weighing at the first what harm might come of it, and feeling at the last, that it hath not a little wounded the conscience of the sim- ple, and almost cracked the duty of true obedience : I thought it more than necessary to lay before men's eyes the untruth of the argument, the weakness of the proofs, and the absurdity of the whole. In the sifting whereof, I mind to use such modesty, that it shall appear to all indifferent men, that I seek to defend the cause, and not to deface the man." Aylmer had fifty times more wit, more learning, and more argument, than Knox. Under Bishop Aylmer, I must shelter one of my abovesaid sentiments : " So that," says he, " good example is, oft-times, much better than a great deal of preaching." Knox, by tedious epistles, tried to quiet Elizabeth's apprehensions of his Blast, and to mollify Cecil's wrath. The Secretary condescended to answer Knox, by a letter from Oxford, on the 28th of July 1559 : " Mr. Secretary Maitland.} THE SCOTISH QUEEN. 603 tonishment, " that none of the learned men of England are found so stout of courage, nor loving to their nation, that they dare admonish the inhabitants, how abominable before God is the empire, or rule, of a wicked woman, yea of a traitress, and bastard." Such were Knox's liberal notions of government ! By his fanati- cism, and forwardness, Knox injured himself, in the judgment of the wisest men ; he quar- relled with Murray ; he maligned Maitland ; and he offended Cecil : Elizabeth's Secretary wrote to Sadler,, and Crofts, on the last day of October 1559, when Commissioners were to be sent, from the Scotish Reformers : " Of all others, Knox's name, if it be not Goodman's, is most odious here ; and therefore, I wish no mention of him hither: If Balnavis should come^ it would prove dangerous." 1 We thus see what Knox ! Mr. Knox ! Mr. Knox ! There is neither male, nor female j all are one, in Christ, saith Paul. Blessed is the man, who confides in the Lord ! I need to wish you no more prudence than God's grace : whereof God send you plenty. W. Cecil." 1 Sadler's State Letters, i. 532. Goodman was odious to Elizabeth, for his book, printed at Geneva, by Crispin, in 1558 : " How superior powers ought to be obeyed of their subjects ; and wherein they may lawfully, by God's word, be disobeyed, and resisted." It was in this tract, that Good- man justified WyatCs Rebellion; and declared him to be blessed, therefore, in heaven. Balnavis was one of the assas- 604 THE LIFE OF [MEM. VII. Memoir of impressions the principles, and practices, of such men had made on the court of England, which yet employed them to embarrass, and ruin the Scotish Queen. The notions of govern- ment, which were entertained, and acted upon, by Knox, and Goodman, by Balnavis, and Bu- chanan, are the very notions, which are now so well known, and so much detested, under the name of Jacobinism : and which, as they are only fit for revolutionary societies, cannot be easily tolerated, under any settled goveinment. But, Robertson did not live long enough, to feel, and to fear, the danger of such doctrines. Neither Knox, nor wiser men, sufficiently, considered the immoral tendency of reforma- tions, which are effected, by such means ; by calumny, and violence, by tergiversation, and treachery. They did not, amidst the passing scenes of tumult, and villaiiy, look back upon the civil wars of Greece, and of Rome, which had produced such degrading effects on the hu- man character." What ancient history had said of the effects of civil wars, and tumultuous reformation, the revolutions of America, and of sins of Beaton, and a pensioner of England, under Edward VI., and a Lord of Session, under Murray. " Lord Lyttelton, in his Henry II. [B. iii.ch. 51.] shows, that all civil wars cause a laxity of principle, and depravity of practice. S-eeretary Maitland.'] THE SCOTISH QUEEN. 605 France, amply confirmed. Luther, and Knox, both lived, to deplore the wickedness of the world, after their several reformations." The history of Scotland, through many a wretched age, evinces the truth of those prin- ciples, and exhibits too many examples of their deplorable effects. With the death of the Regent Mar all hopes of peace vanished. Morton, only, looked for forfeitures, and wished for spoils. At that epoch, the friends of the Scotish Queen were divided into two parties, though they were united on a general principle. Hamilton, and Huntley, were at the head of one party ; Mait- land, and Kirkcaldy, who held the castle of Edinburgh, were at the head of the other : And of this division, Morton availed himself, in ne- gotiating a reconcilement. Maitland, and Kirkcaldy, by desiring to include the whole of the Queen's friends, acted the most disinterest- edly: Hamilton, and Huntley, by making an accommodation, without including those, in Edinburgh-castle, acted most feebly, and in- terestedly. y Thus stood the distractions of Scot- x See Luther's Sermons, every where ; see his Postill super Evangelia, 1. Dom. Advent. T Melvill's Mem. 119-20; Dalyell's Illustrations, 4 74. Melvill acted as the agent of Morton, in making that paci- VOL. III. R 1* 606 THE LIFE OF [MEM. VII. Memoir of land, in which Maitland had his full share, at the end of 1572, when the Abstinence expired. Hostilities now began with the defenders of Edinburgh-castle ; while the Abstinence was continued with Hamilton, and Huntley ; for concluding the accommodation with them. 1 Maitland, and Kirkcaldy, endeavoured to in- vigorate the spirits of Huntley, to persevere, in the cause of his injured mistress.* But, his means were exhausted, and his hopes failed, as the danger drew near. On the 23d of February 1572-3, a reconcilement was made, at Perth, fi cat ion ; and of course is the best authority : Elizabeth, and Cecil, who wished to deceive the French court, as to the state of Scotland, are scarcely to be believed. See their several papers, in Digges's Ambassador. z On the 17th of January 1572-3, Maitland, and Kirk- caldy, wrote to La Motte, the French Ambassador ; repre- senting the breach of the Abstinence ; their reduced state j and desiring relief, from France. Cot. Lib. Calig. C iii. 388. In the Cot. Lib. Calig. C iv. 22, there is a letter from Maitland, and Kirkcaldy, to the Earl of Huntley, 23d Fe- bruary 1 572-3 ; exhorting him, not to forsake their cause hastily : This letter was written, from Edinburgh-castle, on the same day, that Huntley, and Hamilton, made their peace with the Regent, at Perth. On the same day, Mait- land wrote to Lady Livingston, desiring her, to use all her influence with Alexander Erskine, the brother of the late Regent Mar, to keep the young King, and Stirling-castle, out of the hands of the Regent, and the English party. Id. Secretary Maitland.'} THE SCOTISH QUEEN. 607 by the Regent Morton with Hamilton, and Huntley, under the mediation of Killigrew, Elizabeth's agent : But, as no provision was now made, for Maitland, and Kirkcaldy, they were offered as a sacrifice to Morton's resent- ment. 15 From Perth, where that treaty was made, Hamilton, and Huntley, wrote to Kirk- caldy ; lamenting their necessities, and thank- ing him, for his services.' Such a letter, at such a time, from such men, without noticing Maitland, only, told Kirkcaldy, that he must surrender Edinburgh-castle to the King's Re- gent, without hope of pardon to any of the Queen's friends within it. As soon as they heard of such a reconcile- ment, on such stipulations, Maitland, and Kirk- caldy, renewed their offers of submission to the Regent, on any reasonable terms : But, Morton would scarcely listen to any offers, from those, whom he hoped, soon to crush. d Yet, he gave out what was repeated, by his party, and re-echoed from the pulpits, for in- volving them in popular hatred, that they were b See the treaty in Bannatyne's Journal, 445 ; the Con- temp. Hist, of K. James VI. 211-28 ; and Killigrew's decla- ration, in Robertson's Hist. App. No. vi. c Melvill's Mem. 120, who complains of Hamilton, and Huntley's ingratitude to Kirkcaldy. d Melvill's Mem. 119-20, who perfectly knew the fact. 608 THE LIFE OF [MEM. VII. Memoir of so wilful, as to refuse to serve the King, or to acknowledge his Regent. 6 Morton, acting in concert with Elizabeth, knew, that he could any day, bring from Berwick an army, which would soon lay the castle in ruins. 1 In the end of February 1573, he applied to his willing associate, for the necessary force. 8 In this extremity, Maitland and Kirkcaldy offered to surrender the castle to the Earl of Rothes, for the Regent's use, on their former terms of personal safety to themselves, and friends : But, Morton would agree to no other terms, than ' Spottiswoode, 270 ; and the Contemp. Hist, of K. James VI. 229, re-echo the fictions of Morton. See Elizabeth's instructions to the Earl of Worcester, going Ambassador to France, dated the llth January 1572-3: ' ' They, in the Castle, would not agree to any reasonable terms, not minding to have any peace." The fact, throughout this instruction, is wilfully misstated, for the purpose of delusion. Digges's Ambas. 320. f Mr. Secretary Smith wrote to Walsingham, the ambas- sador at Paris, soon after the pacification of Perth : " There is none left now, in all Scotland, but Lethington, and Grange, in the castle of Edinburgh, who refuse the King, and the Regent's authority, who must either yield, or else they will be pulled out by the ears." 76.346. 8 On the 3d of March 1572-3, Maitland, and Kirkcaldy, wrote to Killigrew, vindicating themselves, and charging the Earl of Morton : They remonstrated against Elizabeth's sending troops to crush them. Calig. C iii. 117 Secretary Maitland.'] THE SCOTISH QUEEN. 609 absolute submission. 11 Meantime, the Earl of Rothes, and Lord Boyd, endeavoured to per- suade Kirkcaldy, and Maitland, to yield, for their own welfare." But, they still refused, unless the Regent would grant them the terms, which they had given in, on the preceding 24th of August. 1 Sir William Drury, the marshal of Berwick, who knew the defences of the castle, came, with his army, to cut this knot, which could not be untied. The Regent, imme- diately, joined him with his forces. The siege began, on the 25th of April 1573 ; arid after a well-conducted, and obstinate defence, of four- and-thirty days, surrendered, by Maitland's advice, to Drury, under his promise, in Eliza- beth's name, that the governor, and his asso- ciates, should be favourably treated. 11 h Melvill's Mem. 120. On the 1st of April 15?3, the English pioneers, for the siege of Edinburgh-castle, arrived from Berwick, by water, at Leith. Contemporary Hist, of King James VI. 230. The governor applied, now, for an abstinence, till the 9th of April; but, this was refused. / apprehensiveaess. He had been long in the school of knavery, and had necessarily learnt some of its lessons. Yet he appears from the conversation in the text here, and from another before, to have not been entirely tainted in his prin- ciples by it. He was therefore worthy to be brought for- ward, by a conspiracy betwixt Elizabeth and her more flagitious ministers, in order to be sacrificed for those remains of honesty about him, which were such a disgrace to the school and its preceptress 5 to be sacrificed by them, for his incongruous acting with them ; to be sacrificed by her, for his yet unsubdued relicks of honour in his conversation with her ; and to become the grand scape-goat of both, on whose head were laid all the enormities of both, and by whom they were all supposed to be carried away for ever. Jpology.] THE SCOTISH QUEEN. 635 some earnest discourse, of the danger she daily lived in, and how it was more than time this matter were dispatched; swearing a great oath, that it was a shame for them all it was not already done ; and there spake unto me, to have a letter written for the dispatch there- of, because the longer it was deferred, the more her danger encreased. Whereto, knowing what order had been taken by my lords, in sending the commission to the earls ; I answered, that there was no necessity, as I thought, of such a Let me only observe in addition to this, that Davison ap- pears to have actually burned their letter ; and, had they burned his and Walsingham's, and not kept a copy of their own, we had lost some valuable monuments of the time ; that Davison, but not Walsingham, had the honest timo- rousness of conscience, to wish to suppress the letter concerning the recommended assassination of Mary ; and that he was very anxious to suppress it. The much more knavish Walsingham never thought of this. The lamp of conscience was no longer turning in the bosom of the latter. It was in that of the former. And yet it was burning so tremulously there, that he wished to have the guilty letter destroyed, when to destroy could not hide it from the eye of GOD. He reflected not in the hurry of his apprehensions, that, could he bury it under the foundations of the earth, yet the day was coming, in which those very foundations would be overturned, and, then peculiarly, would murderous deeds arise, Though all the earth o'erwhelm'd them, to men's eyes. 636 THE LIFE OF [MEM VIII. Davison's letter, the warrant being so general and suffi- cient as it was. Her Majesty replied little else, but that she thought Mr. Poulet would look for it. g s From these words above, " at my next access to her Majesty, which, I take it, was Tuesday, the day before my coming to court," and from these words soon afterwards, " until the hour of my departure from court/' as uniting to mark the concluding period of all his story ; it appears that Elizabeth rated him very harshly on Wednesday, the day so strongly marked, as the well-known " day of his coming to court" and "" of his departure from it;" on account of the warrant, ordered away the Friday evening before, for the execution of Mary. On this very Wednesday was she exe- cuted. Elizabeth had now been apprized, that the warrant was sent away. It was high time to apprize her ; though her signing the warrant was a sufficient justification in itself, for sending it away. And, in her usual tergiversation of conduct, she chose to forget all her conversation of the very day before ; her " earnest discourse of the danger she daily lived in," her declaration, that " it was more than time this matter were dispatched :" her " swearing a great oath, that it was a shame for them all it was not already done j" and her " speaking unto Davison" himself, " to have a letter written to Mr. Poulet for the dispatch thereof, because, the longer it was deferred, the more her danger encreased." She now censured him for not " deferring" the execution longer, for averting this " increasing danger," for removing the " shame" from " them all," and for doing that which " it was more than time," had then been done already. But she so censured him not, till she was sure the execution had already taken place, or would irrevocably take place in a few hours afterward. Apology.'] THE SCOTISH QUEEN, 637 II. " And this, as near as I can possibly remem- ber, is a faithful and true report of the whole substance, of that hath past betwixt her Ma- jesty and me, from the day of signing the war- Yet, what shows still more the artifice of the whole, she censured him exclusively. She here does so at first, we see. She did so afterwards, and to the last. Indeed she also expresse'd her anger intermediately against the council in general. She issued a commission, ' ' for their calling to the Star-chamber for the same." But she afterwards issued another, for their " private appearance, instead thereof, before the lord chancellor Bromley." (Robertson, ii. 482 483.) Then, by another touch of mildness to them, just after the trial of Davison was over, " Wray, lord privy seal, sig- nified," in court, " that albeit tHe Queen had been offended (and that not without just cause) with her council, and had thereupon left them to examination ; yet now she forgave them, and withall acknowledged, that they had been very care- full and diligent in their actions and counsels, for the preser- vation of religion and the commonwealth, and for preventing of all dangers." (Camden, Orig. i. 464 465, Trans. 392). And she centered all her resentment on the single head of Davison. But, what is Davison pretended to have done ? He had given up the warrant, now signed, and sealed, to that very lord treasurer Cecil, who drew it up, originally, and who had given it to him for her signing ; when he had been sent, at the signing, by the Queen's own express orders, to carry i* to the lord chancellor for his sealing. He had not given it VOL. III. T t 638 THE LIFE OF [MEM. VIII. Davison's rant, and commandment given to me to carry it to the seal, until the hour of my departure from court. In all which I must protest un- feignedly before God, that I neither remember up, however, till an answer had been received from Paulet ; and till Elizabeth, posteriourly, as well as previously, to her order, for a letter to Paulet, had charged him, and had charged the chancellor, by him, to use it with all possible secrecy. Yet Camden, imposed upon by the hypocrisy of Elizabeth, says that Davison " acquainted the council with the warrant and the whole matter, and easily persuaded them, that the Queen had commanded it should be executed." Davison, however, gave not up the warrant to the council, and called not a council at all. He gave the warrant to Cecil. Cecil called the council. And Cecil produced the warrant to them. But, as Camden adds, " she at that very time told Davison, that she would take another course with the Queen of Scots." (Orig. i. 445, Trans. 382.) Cecil, accordingly, made a confession, which in the loose and arbitrary modes of proceeding usual with Elizabeth, was produced in court against Davison, instead of a personal testimony from Cecil j and which averred, that Cecil " doubting whether the Queen had absolutely resolved to have execution done, Davi- son confidently affirmed it." (Camden, Orig. i. 462, Trans. 390.) And as Davison was arraigned for sending away the warrant, when Elizabeth ' ' never intended that the Queen of Scots should have been put to death}" so Elizabeth, in her letter immediately afterwards, to Mary's son, called her death " this lamentable accident, which is happened con- trary to my meaning and intention/' and which, since my Apology.] THE SCOTISH QUEEN. 639 any such commandment given me by her Ma- jesty, as is pretended ; neither did I ever con- ceive such an intent or meaning in her. And that mine innocency herein may the better ap- pear, let it be considered, first, what the com- mandment is, and next, upon what considera- tion, it was grounded. pen trembleth to mention it, you shall fully understand by this my kinsman." (Camden, Orig. i. 461 and 46O, Trans. 389 and 388.) Yet, all the while, not Davison, but the coun- cil, sent the warrant away ; and the council sent it, only in consequence of Cecil's resignation of it, to them or to their clerk, Beale. All therefore makes up the boldest scene of hypocrisy, that was ever exhibited to the world. We peculiarly know it to be so, from this apology. Elizabeth meant, and always meant, the death of Mary. She particularly declared so, only the day before her execution. Nor was there any need of Davison's attesting to Cecil, that she meant to have the warrant executed. Cecil knew this sufficiently before. The very signing of the warrant, also, proved this decisively. Nor was Davison false in attesting, if he did attest, her mean- ing from his own knowledge. Elizabeth had declared over and over again, that she meant to have it used. She had repeatedly ordered it to be used with secrecy. She had even gone on for that reason, to forbid the open court, and to point out the hall, for the place of execution. And though she had intimated to Davison, that " she would take another course with the Queen of Scots " yet we, who know that course to have been assassination, can only execrate her the more for it. 640 THE LIFE OF [MEM. VIII. Davison's " The commandment (as I understand it) hath two parts ; one, that I should conceal it from the rest of her Majesty's council : another, that I should retain it by myself until some tumultuous time, as a thing her Majesty meant not otherwise to put in execution : both which I must in all duty, and humbleness, under her most gracious favour, 11 absolutely deny.' h These passages show clearly, that this apology was in- tended to be seen by Elizabetfi. Such an intention adds much to his credit. And it naturally suggests to us, that Davison has rather softened than exaggerated some particu- lars in his narrative. ' Yet Camden makes Davison, on his trial, to allow, " that when the Queen blamed him for making such haste, to get the warrant under the great seal [to have the war- rant passed under the great seal], she gave some significa- tion, but not express command, that he should keep it in his own hands." (Orig. i. 46"2, Trans. 390.) This acknowledg- ment, if at all true in itself, can refer only to the conversa- tion on Thursday morning, and to the hint of assassination by others, then given . But Davison could not explain the hint to the court. This we see strikingly exemplified, in one part of his trial. Then " Egerton, the Queen's solicitor," says Camden, " began to press Davison with his own con- fession," one different from this apology, and equally from that in Dr. Robertson's Appendix (ii. 480) } reading a piece thereof. But Davison prayed him to reade the whole, and not parcels picked out here and there : but he had rather r he said, it should not be read at all; because there were con- tained in it tome secrets, not Jit to be divulged abroad" (Orig. Apology.-] THE SCOTISH QUEEN. 641 " And, for the first, I trust her Majesty, in her princely and honourable nature, will not deny, but that she first sent for me by my lord admiral, to bring the warrant unto her ; which proveth that his lordship was acquainted with her purpose: and next, that she gave express word, both to carry it forthwith to the seal, with a message to my lord chancellor, who consequently must be acquainted with all ; and also, by the way, to impart it to Mr. Secretary. So as, these three being made privy unto it by her good liking, and myself, as I say, not re- strained to the contrary, by any such command- ment as is pretended ; what reason had I to conceal it from my lord treasurer, to whom my lord admiral had first imparted it, or from my Lord of Leicester, to whom her Majesty is [fa- miliar, and had k j signified as much, as likewise i. 462, Trans. 390.) And, while Elizabeth presumed to tell the boldest lies, and was believed in all that she said, which was the whole evidence that could be brought against Davison ; he durst not speak the truth, in his own vindication. She thus took advantage equally, of his timorous delicacy, of her own confidence in falsehoods, and of the mean ductility of the judges, to ruin him entirely. He had refused to concur with her, in her plot of assassination. He had presumed to re- monstrate with her, against it. He had preached up honour, and conscience to her. And she was resolved to chastise the monitor, and the man. k I have filled up this blank. 642 THE LIFE OF [MEM. VIII. Davisoris afterwards to Mr. Vice-chamberlain [Hatton 1 ] ; as they are acquainted with the rest of the whole proceeding, and as far interested, in the cause, as myself, or any of the others ? m Unless her Majesty had a meaning, that Mr. Secretary 1 I have filled up this also. m This shows the whole pretence against Davison, of his having communicated the secret of sealing the warrant, as if such a secret should be kept ; to be only an after-thought, and a mere cover for accusing Davison. She herself hadtold Hatton, had told Leicester, had told the lord admiral. She had actually sent the last with an order, for Davison and the warrant to come to her, and the warrant expressly for her sealing. He had received no command to keep his message a secret. And he had told the lord treasurer Cecil. Cecil, therefore, the very man that we have detected in such kna- veries before, must have known of Elizabeth's message, and of Davison's coming, before Davison gave him any assurance of the Queen's resolution. And as Elizabeth had told the lord admiral, and the lord admiral had told Davison from her, that she had spoken with " sharpness" against Davison, for not bringing up the warrant before, and that she had de- clared " she would no longer defer," the execution (see the beginning of this apology) j so the lord admiral must ne- cessarily have imparted this to Cecil. Yet Cecil appeared as a witness against Davison, by his written confession at least } as if Davison had been the first and the only one who assured him, of Elizabeth's resolution to have the warrant executed. He was, no doubt, in the secrets of his congenial mistress ; and said or did, whatever she wished him to do or say. He seems indeed to have been the principal tool of hat wretched Queen. Apology.-] THE SCOTISH QUEEN. 643 and I should have dealt alone, in the sending of it to the earls : which for ray own part I confess I never liked, knowing her Majesty's purpose, often uttered to myself, to remove as much of the burden as she might, from her own shoulders upon others ; which I knew mine own unfit to sustain. " Now seeing the end of signing and sealing this warrant, in all reasonable probability and judgment, was to go forward withal ; that the delay thereof did infinitely encrease her Ma- jesty's peril, and thereby hazard the whole estate ; seeing it was imparted to some by her Majesty's own order, and no cause or possibility, being assigned, to keep it from the rest, as much interested in the cause as myself; and finally, seeing I could neither, as I take it, in law nor in the duty of a good subject, conceal it from them, the cause importing so greatly her Ma- jesty's life as it did, and the disposition both of the time and state of things, at home and abroad, being such as it was : I trust it shall sufficiently appear, that I was both in reason, duty, and necessity forced thereunto ; unless I would have wilfully endangered myself, whose offence, if ought in the mean time had happen- ed amiss to her Majesty, must have been, in my own censure, worthy of a thousand deaths." n This argument, though tinctured a little, with that fear 644 THE LIFE OF [MEM. VIII. Davison' s " And, as for my proceeding therein with the rest of my lords ; after it was resolved, that it was neither fit nor convenient to trouble her Majesty any further withal, considering she had done all that the law required at her hands ; and that she had both to myself, and others, signified at other times, her indisposition to be acquainted with the particular circum- stances, of time, place, &c. ; p and that to de- for the danger of Elizabeth, which was merely chimerical, in the extravagance here hinted at, carries a great force with it. This points out to us a new circumstance, in the con- duct of this business On Davison's showing the answer from Paulet, and giving the warrant to Cecil, upon Friday afternoon ; it was resolved by the council, he being present, te neither fit nor convenient to trouble her Majesty any fur- " ther withal." And it is this resolution of the council, which Davison afterwards confounded in his memory, and has falsely ascribed to Elizabeth herself j when he says so absurdly in his other apology, as I have shown before, that on Wednesday she " in conclusion absolutely forbad him, " to trouble her any further, or let her hear any more hereof, till it was done ; she for her part having, as she said, per- formed all that, in law, or reason, could be required of her" (Robertson, ii. 482.) The close of both peculiarly shows both to be the same. P This also tells us a new circumstance. Elizabeth had " signified" to " Davison and others" at " other" times before, her desire not to be acquainted with the " place" &c. of the execution. Yet, she had altered her desire, in this respect, when on Wednesday, the first of February, she could forbid the green, and point out the hall, as the scene of execution. Apology.] THE SCOTISH QUEEN. 645 tain the warrant, in expectation of any further directions from herself, was both needless, and dangerous, considering the hourly hazard her Majesty lived in ; and finally, that my lords, knowing her Majesty's unwillingness to bear all the burthen alone, were content most reso- lutely, honourably, and dutifully, to ease her as much as they might : q with what reason and justice should I have hindered the course of justice, tending so greatly to her Majesty's safety, and preservation of the whole realm ? " And for the other part, of keeping it by me to such end as is before alleged, I trust the world does not hold me so undutiful to her Majesty, or ill-advised for my particular ; as to take such a charge upon me, to the evident peril of her Majesty's life, subversion of the whole estate, and my own utter overthrow. Nei- ther is there cause to think (I speak it in all reve- rence, and under her Majesty's most gracious favour,) 1 that her Majesty having proceeded so far as she had done to the trial of that lady's i This shows the lords to have been all well acquainted, with Elizabeth's desire, for throwing the load of murder off from her own shoulders, by substituting assassination, for execution ; and artfully to have given it another turn, in order to bring the execution forwards. r This unites with two passages before, to show the apo- logy was intended for the eye of Elizabeth. 646 THE LIFE OF [MEM. VIII. Davison's i fact, found her guilty by a most honourable jury of her nobility, assembled her parliament only for that purpose, graciously heard their petitions, and dismissed them with so great hope ; published afterwards the proclamation for her dishabilment, rejected the suits both of the French and Scotish kings for her life, and returned their ambassadors hopeless ; confirmed that impression by her letters to both princes (some of which it pleased her to communicate with myself;) protested many hundred times her necessity, and resolution, to go through withall* (albeit, for sundry good respects, she had so long deferred it ;) having given her command- ment to me many days before, to bring the warrant to her,' and then voluntarily sent for it by my lord admiral ; signing it as soon as I brought it, with her express commandment given me, to carry it to the seal, and to have it secretly handled ; and, finally, her particular direction, while she was signing other things at the same time, to have the execution done in the hall, misliking that it should be on the 1 This, as to the " resolution" vouched " many hundred times," is quite a new circumstance. 1 This is also a new circumstance. And 1 have accord- ingly noticed it and the preceding, as such, in the body of the work, i. 3. 6. Apology.-] THE SCOTISH QUEEN. 647 green or open court ; with a number of other foregoing and following, circumstances , may sufficiently testify her Majesty's disposition to have it proceeded in, albeit she had to myself and others declared her unwillingness, to be made acquainted with the time and other cir- circumstances, having done all that the law required of her, or that in honour was fit and expedient for her."" u Let me here, at the end of the apology, remark finally concerning Davison, That, though he was not an honest man, yet he was so nearly one, as to be a very prodigy for the ministry of Elizabeth. He refused, it appears, to sign that very bond of association, which was signed by all the nation, and which even the despairing Mary offered, on her liberty being granted, to sign herself. Yet he refused, though Leicester pushed on the association, and though Elizabeth urged him to sign it. Among the pleas which he advances for himself in his other apology, he particularly states " his former absolute refusal to sign the bond of as- sociation, being earnestly pressed thereunto by her Majesty' s self" (Robertson, ii. 483.) This indeed is a very strong evidence, of a manly virtuousness in him. But he did other things, in the same spirit of virtue. He declined to act as a commissioner, on the examination of Babington and his accomplices, for their conspiracy in favour of Mary j and took a journey to Bath, in order to save himself from acting (Robertson, ii. 483.) He was a means too of preventing rhe commissioners, who were sent to try Mary at Fotherin- gay-castle, from pronouncing sentence upon _ her imme- diately after the trial ; and of obliging them to return first 648 THE LIFE OF [MEM. VIII. Davisons to London, and report their proceedings to Elizabeth (Ro- bertson, ii. 483.) We have already seen, that he kept the warrant for the execution of Mary, five or six weeks in his hands j without offering to present it to Elizabeth for her signing. We have equally seen, that he actually neglected to obey a personal command of Elizabeth's, for bringing the warrant to her ; and that he thus neglected for ee many days," even till the Queen fired at his conduct, and sent him a peremptory order to bring it. Even then, and even when Paulet's answer had been received, and all delay was now at an end for ever ; he would not be concerned in sending away the warrant himself, but returned it into the hands from which he had received it, and left Cecil and the council to send it. And, as in all the time " before her trial, he neither is nor can be charged, to have had any hand at all in the cause of the said Queen, or done any thing whatsoever concerning the same, directly or indirectly/' so, " after the return thence of the commissioners, it is well known to all her council, that he never was at any deliberation or meet, ing whatsoever, in parliament or council, concerning the cause of the said Queen, till the sending down of her Ma- jesty's warrant unto the commissioners, by the lords and others of her council." (Robertson, ii. 481.) These deeds of honesty, no doubt, had successively mark, ed him out for vengeance, to the rest of the ministry and to the Queen. He was therefore selected by Cecil, " with her Majesty's own privity," to be the Secretary with whom the warrant should be lodged for signing (Robertson, ii. 481.) He was thus exposed to a train of decisive trials. It would be seen, whether he offered, to present the warrant to Eliza- beth for her signature. Should he not offer, a command might be given him by Elizabeth, to bring it up. Should he hesitate to obey this, a sharp rebuke and a peremptory order might be sent him. If he was refractory in all these Apology.'] THE SCOTISH QUEEN. 649 points, then the wrath of Elizabeth would burst out upon him, and sweep him away from her presence for ever. If he complied in any, his farther compliance might be tried, in ordering him to the great seal with the warrant, and in directing him to use the warrant, when sealed, with secrecy. Should he be found pliable in this trial, the grand scheme of assassination, the favourite wish of Elizabeth's heart, which had repeatedly been talked over by her other ministers before Elizabeth and him, which they all united to approve, though none of them offered to undertake, and which had been so talked over and so approved of, merely to put Da- vison upon undertaking it; might finally be urged upon Davison in private, by Elizabeth herself. Should he bend to this urgency, and engage in the work of assassinaton ; Elizabeth, as soon as ever the work was done, would have risen upon him with an affected passion, and made his life the forfeit of his compliance. And should he not bend, all his present and all his former refractoriness would be re- membered at once against him, and unite to draw down the rage of Elizabeth in a storm of real resentment upon him. Either way, the man was sure to be ruined. He complied, though only in part. He brought up the warrant, at the second order. He carried it to the great seal. He even united with Walsingham, to mention Elizabeth's proposal of assassination to Paulet. But he would go no farther. He actually protested to Elizabeth herself against the pro- posal, before he mentioned it to Paulet. He protested to her against every scheme of assassination. And he was therefore ruined at last by Elizabeth, in a most impudent stretch of falsehood, for doing what he did not do, and in truth and reality for not doing what he was wanted to do. Thus fell Davison, a memorable evidence of the cunning, the perfidiousness, and the barbarity, of Elizabeth, and her Cecil ! But he was fully revenged of them both, in his fall. 650 THE LIFE OF [MEM. VIII. Damson* He wrote the present apology, which serves so greatly to expose the characters of both. It is very convincing in it- self ; is even drawn up with the air and address of a fine writer, and is peculiarly valuable to the critical investigators of Elizabeth's conduct. It differs very usefully from that in Dr. Robertson's Appendix, in being written within the very months of all the main transactions recorded in it, and being therefore very full, circumstantial, and accurate 5 while that was written many years afterward, is only gene- ral and short, and is often inaccurate. It was not, however, as Camden says, a " private' ' apology sent to " Walsing- ham" (Orig. i. 465, Trans. 392.) It was evidently calcu- lated, as I have shown before, for the inspection of Eliza- beth herself. And, as it would naturally be sent to his brother secretary for her inspection j so was it a bold challenge to her for the truth, and exactness, of all his averments, and would serve only to increase the load already descending to crush him. The other was written, not only when the little particulars had faded off from the mind, when memory had confounded some circumstances that were distinct in them- selves, and a regular narrative, if it could have been given, was no longer of consequence ; but, what is very surprizing, when Davison had lost all copy, and even all minutes, of this very apology. It was drawn up too, when he was no longer afraid of showing his forbearance, in the cause of Mary, and indeed had reason, for displaying it all at large. He therefore goes back much farther in the second apology, than in the first j to the return of Mary's judges from Fo- theringay, to the moment of her trial, to the examination of Babington, &c. and to the times preceding all. In this whole period he shows us his secret attachment to Mary, by such a train of incidents ; as seems peculiarly calculated for the eye of Mary's son, on his accession to the throne of Eng- land. Yet Elizabeth must have been alive at the writing Apology.-] THE SCOTISH QUEEN. 651 of it; since she is spoken of as still Queen. And I there- fore suppose it to be written, at the latter end of Elizabeth's reign, when all the nation began to turn their eyes towards Scotland for a successor to her ; and when Davison would naturally endeavour to make that attachment to Mary, for which he had suffered so severely from Elizabeth, promote his interest with James. The latter apology was published by Dr. Robertson, from a paper, supposed to be the original, in the Cotton Library (ii. 481.) The former has been published in an anonymous history of " the life and reign of Mary Queen of Scots, London, 1725," where, with an agreeable surprize, I first met with it, where it is said to be taken " from a MS. in the possession of a person of quality," that had some lacunae in it, and from whence I have reprinted it here, filling up the lacuna;. To this were subjoined the letters, to and from Paulet and Drury, as " found amongst Sir Amias Poulet's writings." But, the apology, and letters had been previously published, by Dr. Mackenzie, in his " Lives of Scots Writers, vol. iii. 1708," under the. article Freebairn, and without the lacuna of the other MS. He printed the former, he says, from the original itself, " found amongst Sir Amias Paulet's papers; a copy of which, transcribed from the original, was sent me by my worthy and learned friend Mr. Hurry of Christ's Church Oxon" (p. 334.) And the latter were found equally among the same papers, and transcribed equally from them, by Mr. Hurry. These two copies, there- fore, are plainly transcripts of the same original; that having lacunae in it, because the writer was not able to read the MS. j and this having none, as written by a more skilful reader. Yet the particulars of this apology are little known to the world at present. I met not with it, till I had published my Vindication. I knew of it in general, but I could not tell where to find it. I often looked at the apology in Dr. 652 THE LIFE OF THE SCOTISH QUEEN. Robertson, yet found not, in it, what I wanted, and expected. Nor,- had I such an idea of the present, as could induce me to be very solicitous, in procuring it. But, I was greatly struck, the moment I perused it. And I soon saw the ex- pediency, of using it, in the narrative part of my work ; and of republishing it, with notes, in my Appendix ; for the fuller elucidation of the whole history. J. W. London : Printed by W. Nicol, Successor to W. Bulraer, & Co. Cleveland-row, St. James's. University of California SOUTHERN REGIONAL LIBRARY FACILITY 405 Hilgard Avenue, Los Angeles, CA 90024-1388 Return this material to the library from which it was borrowed. Form DA. 787 A1C35 1822 Y.3 cop. 2 A 000 929 661 7 ..*