Columbia Wtmtev&itp THE LIBRARIES THE WORKS OF WILLIAM ROBERTSON, D.D. -~-'->^Y, . 5?^^ T TT V" T < " ^s i-. j .*.. !L • ^ "^n. THE WORKS OF WILLIAM ROBERTSON, D.D. FELLOW OF THE ROYAL SOCIETY, AND PRINCIPAL OF THE UNIVERSITY OF EDINBURGH, ETC. ETC. WITH A SKETCH OF HIS LIFE AND WRITINGS, BY R: A; DAVENPORT. IN TEN VOLUMES, I. HISTORY OF SCOTLAND, VOL. I. LONDON : PRINTED FOR THOMAS TEGG, 73, CHEYPSIDE R. M. TIMS, DUBLIN ; AND R. GRIFFIN AND CO. GLASGOW. 182G. q tfh 6$ «& THE HISTORY OF SCOTLAND. Ag20 , 84 GO 10 4 (J. and C. Whitniighani, (Jlu:-\\ick. THE HISTORY OF SCOTLAND DURING THE REIGNS OF QUEEN MARY, AND OF KING JAMES VI. ''TILL HIS ACCESSION TO THE CROWN OF ENGLAND. WITH & Ifobicfo of tf)e j&cottigi) ?£iStorg PREVIOUS TO THAT PERIOD : AND AN APPENDIX, CONTAINING ORIGINAL PAPERS BY WILLIAM ROBERTSON, D.D. PRINCIPAL OF THE UNIVERSITY OF EDINBURGH, ETC. IN THREE VOLUMES. VOL. I. LONDON: PRINTRD FOR THOMAS TEGG, 73, CHEAPSIDE: R. M. TIMS, DTHLIN ; AND R. GRIFFIN AND CO. GLASGOW. 1826. PREFACE TO THE FIRST EDITION. I deliver this book to the world with all the dif- fidence and anxiety natural to an author on pub- lishing his first performance. The time I have employed, and the pains I have taken, in order to render it worthy of the public approbation, it is perhaps, prudent to conceal, until it be known whe- ther that approbation shall ever be bestowed upon it. But as I have departed, in many instances, from former historians, as I have placed facts in a diffe- rent light, and have drawn characters with new colours, I ought to account for this conduct to my readers; and to produce the evidence on which, at the distance of two centuries, I presume to con- tradict the testimony of less remote, or even of contemporary historians. The transactions in Mary's reign gave rise to two parties, which were animated against each other with the fiercest political hatred, embittered by reli- gious zeal. Each of these produced historians of considerable merit, who adopted all their senti- vol. I. a h PREFACE. merits, and defended all their actions. Truth was not the sole object of these authors. Blinded by- prejudices , and heated by the part which they them- selves had acted in the scenes they describe, they wrote an apology for a faction, rather than the his- tory of their country. Succeeding: historians have followed these guides almost implicitly, and have repeated their errors and misrepresentations. But as the same passions which inflamed parties in that age have descended to their posterity ; as almost every event in Mary's reign has become t|ae object of doubt or of dispute ; the eager spirit of contro- versy soon discovered, that without some evidence more authentic and more impartial than that of such historians, none of the points in question could be decided with certainty. Records have therefore been searched, original papers have been produced, and public archives, as well as the repositories of private men have been ransacked by the zeal and curiosity of writers of different parties. • The atten- tion of Cecil to collect whatever related to that period, in which he acted so conspicuous a part, hath provided such an immense store of original papers for illustrating this part of the English and Scottish history, as are almost sufficient to satisfy the utmost avidity of an antiquary'. Sir Robert Cotton (whose library is now the property of the public) made great and valuable additions to Cecil's collection ; and from this magazine, Digges, the compilers of the Cabbala, Anderson, Keith, Haynes, Forbes, have drawn most of the papers which they have printed. No History of Scotland, that merits any degree of attention, has appeared since these collections were published. By consulting them, I have been enabled, in many instances, to correct PREFACE. iii the inaccuracies of former historians, to avoid their mistakes, and to detect their misrepresentations. But many important papers have escaped the notice of those industrious collectors; and, after all they have produced to light, much still re- mained in darkness, unobserved or unpublished. It was my duty to search for these ; and I found this unpleasant task attended with considerable utility. The library of the Faculty of Advocates at Edinburgh contains not only a large collection of original papers relating to the affairs of Scotland, but copies of others no less curious, which have been preserved by Sir Robert Cotton, or are extant in the public offices in England. Of all these the curators of that library were pleased to allow me the perusal. Though the British Museum be not yet open to the public, Dr. Birch, whose obliging disposition is well known, procured me access to that noble col- lection, which is worthy of the magnificence of a great and polished nation. That vast and curious collection of papers rela- ting to the reign of Elizabeth, which was made by Dr. Forbes, and of which he published only two volumes, having been purchased since his death by the Lord Viscount Royston, his lordship was so good as to allow me the use of fourteen volumes in quarto, containing that part of them which is connected with my subject. Sir Alexander Dick communicated to me a very valuable collection of original papers, in two large volumes. They relate chiefly to the reign of James. Many of them are marked with Archbishop Spotis- wood's hand; and it appears from several passages iv PREFACE. in his History, that he had perused them with great attention. Mr. Calderwood, an eminent Presbyterian cler- gyman of the last century, compiled a History of Scotland from the beginning of the reign of James V. to the death of James VI. in six large volumes : wherein he has inserted many papers of conse- quence, which are no where else to be found. This History has not been published, but a copy of it, which still remains in manuscript, in the possession of the church of Scotland, was put into my hands by my worthy friend the Reverend Dr. George Wishart, principal clerk of the church. Sir David Dalrymple not only communicated to me the papers which he has collected relating to Gowrie's conspiracy; but, by explaining to me his sentiments with regard to that problematical pas- sage in the Scottish history, has enabled me to place that transaction in a light which dispels much of the darkness and confusion in which it has been hitherto involved. Mr. Goodall, though he knew my sentiments with regard to the conduct and character of Queen Mary to be extremely different from his own, com- municated to me a volume of manuscripts in his possession, which contains a great number of valu- able papers copied from the originals in the Cot- tonian Library and Paper Office, by the late Re- verend Mr. Crawford, Regius Professor of Church History in the University of Edinburgh. I like- wise received from him the original Register of letters kept by the Regent Lennox during his ad- ministration. I have consulted all these papers, as far as I thought they could be of any use towards illus- PREFACE. V trating that period of which I write the history. With what success I have employed them to con- lirm what was already known, to ascertain what was (Jubious, or to determine what was controverted, the Public must judge. I might easily have drawn, from the different repositories to which 1 had access, as many papers as would have rendered my Appendix equal in size to the most bulky collection of my predecessors. l>ut I have satisfied myself with publishing a few of the most curious among them, to which I found it necessary to appeal as vouchers for my own vera- city. Noue of these, as far as I can recollect, ever appeared in any former collection. I have added A Critical Dissertation concerning the Murder of King Henry, and the Genuineness of the Queen's Letters to Bothwell. The facts and observations which relate to Mary's letters, I owe to my friend Mr. John Davidson, one of the Clerks to the Signet, who hath examined this point with his usual acuteness and industry. PREFACE TO THE ELEVENTH EDITION. It is now twenty-eight years since I published the History of Scotland. During that time I have been favoured by my friends with several remarks upon it; and various strictures have been made by persons who entertained sentiments different from mine, with respect to the transactions in the reign of Queen Mary. From whatever quarter informa- tion came, in whatever mode it has been communi- cated, I have considered it calmly and with atten- tion. Wherever I perceived that I had erred, either in relating events, or in delineating characters, I have, without hesitation, corrected those errors. "Wherever I am satisfied that my original ideas were just and well founded, I adhere to them ; and resting upon their conformity to evidence already produced, I enter into no discussion or controversy in order to support them. Wherever the opportunity of consulting original papers, either in print or in manuscript, to which I had not formerly access, has enabled me to throw new light upon any part of the History, I have made alterations and addi- tions, which, I flatter myself, will be found to be of some importance. COLLEGE OF EDINBURGH, March 5, 1787. A SKETCH OF THE LIFE OF DR. ROBERTSON. BY R. A. DAVENPORT, Esq. William Robertson, the eldest son of the Reverend William Robertson, was born on the 8th of September, 1721, at Borthwick, in the shire of Mid Lothian, of which parish his father was the minister. By the paternal line he descended from a respectable family in the county of Fife, a branch of that which, for many generations, possessed the estate of Struan, in Perthshire. His mother was the daughter of David Pitcairn, Esq. of Dreghorn. He had one brother and six sisters ; all of whom were well settled in life, and most of whom lived to an advanced age. It was at the parochial school of Borthwick that Robertson received the initiatory part of his educa- tion ; but as soon as he was sufficiently forward to enter on the study of the learned languages, he was removed to the school of Dalkeith. The latter seminary was then under the superintendence of Mr. Leslie, whose eminence as a teacher was such as to attract pupils from all parts of Scotland ; and VI11 SKETCH OF THE LIFE the father of Robertson was consequently induced to send him to Dalkeith rather than to the Scottisli metropolis. When the future historian was twelve years old, his father was transferred from Borthwick to one of the churches of Edinburgh. In the autumn of 1733 he joined his parents ; and, in October, he was admitted into the college and university of the northern capital. Whatever were his first attempts at composition, and it is probable they were many, nothing has been preserved to show how early he began to exercise his talents, or with what degree of rapidity those talents were expanded. It is certain, however, that in the pursuit of knowledge he displayed that ardour and perseverance without which nothing great will ever be accomplished. A strong proof of this is afforded by some of his early commonplace books, which bear the dates of 1735, 1736, and 1737. The motto, vita sine Uteris mars est, which he prefixed to these books, sufficiently indicates by what an honourable ambition and love of literature he was inspired at a very tender and generally thoughtless age. The boy of fourteen, who can cherish the feeling which is implied by this motto, gives pro- mise that his manhood will reflect lustre on himself and on the country of his birth. Among the men of eminence, by whose instruc- tions lie profited at the university, were Sir John Pringlo, afterwards President of the Royal Society, l)ii t then Professor of Moral Philosophy ; Maclau- rin, justly celebrated for the extent of his mathema- tical skill and the purity of his style ; and Dr. Ste- venson, the learned and indefatigable Professor of Logic. To the masterly prelections of the latter, OF DR. KOBERTSON. IX especially to his illustrations of the Poetics of Aristotle, and of Longinus on the Sublime, Robert- son often declared that he considered himself to be more deeply indebted than to any circumstance in the course of his academical career. It was indeed not towards the abstract sciences that the bent of his genius was directed. To mathematical and me- chanical speculations he seems to have been at least cold, perhaps averse. Neither was he remarkable for metaphysical acuteness. His delight was to trace and elucidate moral and religious truths, to apply the process of reasoning to subjects more immediately connected with the every-day business of existence, to search into the causes and effects of historical events, to expatiate amidst the peren- nial beauties of classic lore, and, by meditating on the great models of oratorical art, to render himself master of all the powerful resources of a ready and persuasive eloquence. With respect to eloquence, the possession of it was in fact indispensable to one who, as in all pro- bability was the case with Robertson, had deter- mined to assume a prominent station among the pastors and leaders of the Scottish church. The mere knowledge of rules, however, or even a thorough acquaintance with the rich stores of an- cient and modern oratory, will not suffice to form an orator. It is by use alone that facility of speech and promptitude of reply can be acquired. It is the collision of minds which strikes out the " thoughts that breathe, and words that burn." During the last years, therefore, of his residing at college, he joined with some of his contemporaries in establishing a society, the avowed purpose of which, as we are told by Mr. Stewart, was " to X SKETCH OF THE LIFE cultivate the study of elocution, and to prepare themselves, by the habits of extemporary discussion aud debate, for conducting the business of popular assemblies." Of the colleagues of Robertson in this society many ultimately rose, like himself, to high reputa- tion. Among them were Cleghorn, subsequently Professor of Moral Philosophy at Edinburgh, Dr. John Blair, who became a member of the Royal Society, and a prebendary of Westminster, and who gave to the public " The Chronology and History of the World," Wilkie, the author of the Epigoniad, a faulty poem, but above contempt, Home, the author of Douglas, and Dr. Erskine, who, in after life, was at once the coadjutor, rival, opponent, and friend of Robertson. This society continued in existence, and, no doubt, was beneficial to its members, till it was broken up by a quarrel, which had its rise from a religious source, and which, consequently, was of more than common bitterness. In 1741 that ex- traordinary man Whitefield, who was then in the zenith of his fame, paid a visit to Scotland, and his preaching excited in that country a feeling equally as strong as it had excited in England. On the subject of his merit violent parties immediately sprang up, especially among the clergy. By the one side he was considered as a clerical wonder, a kind of apostle, from whose evangelical labours the happiest result might be expected ; by the other side he was calumniated as an impostor, and a worthless private character, while some, in the ex- cess of their holy zeal, did not scruple to stigma- tize him, even from the pulpit, as " an agent of the devil." It was natural that this question should be OF DR. ROBERTSON. XI debated by Robertson and his associates ; and it was, perhaps, not less natural that it should be argued with so much heat and asperity as not only to cause the dissolution of the society, but even, it is said, to interrupt, for some time, the intercourse of the members as private individuals. Of those who entertained doubts with regard to the personal conduct of Whitefield, and the utility of his efforts, Robertson was one. From his acknowledged mo- deration and evenness of temper we may, however, infer that his hostility to the -preacher was carried on in a liberal spirit, and that he did not think it either necessary or decorous to brand him as an agent of the prince of darkness. To excel in his written style as much as in his oral was one object of his ambition. The practice of clothing in an English dress the standard works of the ancients has been often recommended, as conducive to the improvement of style ; and he seems to have believed it to be so, for it was adopted by him. He carried it so far as to enter- tain serious thoughts of preparing for the press a version of Marcus Antoninus. His scheme was, however, frustrated by the appearance of an anony- mous translation at Glasgow. " In making choice of this author," says Mr. Stewart, " he was proba- bly not a little influenced by that partiality with which (among the writers of heathen moralists) he always regarded the remains of the stoical philo- sophy." Having completed his academic course, and richly stored his mind, he quitted the university, and, in 1741, before he had quite attained the age of twenty, a licence to preach the gospel was given to him by the Presbytery of Dalkeith. This kind xii SKETCH OF THE LIFE of licence, which does not authorise to administer the sacraments or to undertake the cure of souls, is granted to laymen ; and the person who receives it may be considered as being- placed by it in a state of probation. After the lapse of two years, from the period of his leaving the university, when he was yet little more than twenty-two, he was, in 1743, presented, by the Earl of Hopetoun, to the living of Glads- muir. Of this preferment the yearly value was not more than one hundred pounds. Scanty, however, as were its emoluments, it was most opportunely bestowed. He had not long resided at Gladsmuir when an unexpected and melancholy event occurred, which put to the trial at once his firmness and his benevolence. His father and mother expired within a few hours of each other, leaving behind them a family of six daughters and one son, without the means of providing for their education and mainte- nance. On this occasion Robertson acted in a manner which bore irrefragable testimony to the goodness of his heart, and which was also, as Mr. Stewart justly observes, " strongly marked with that manly decision in his plans, and that perse- verins; steadiness in their execution, which were the characteristic features of his mind." Regardless of the privations to which he must necessarily sub- mit, and the interruption which his literary and other projects must experience, he received his father's family into his house at Gladsmuir, edu- cated his sisters under his own roof, and retained them there till opportunities arose of settling them respectably in the world. His merit is enhanced by the circumstance of his fraternal affection having imposed on him a sacrifice far more painful than OF DR. ROBERTSON. XHI that of riches or fame. He was tenderly attached to his cousin Miss Mary Nesbit, daughter of the Reverend Mr. Nesbit, one of the ministers of Edin- burgh, and his attachment was returned ; but it was not till 1751, when his family had ceased to stand in need of his protecting care, that he thought him- self at liberty to complete a union which had, for several years, been the object of his ardent wishes. It is pleasant to know that the wife whom he so tardily obtained was every way worthy of such a husband, and that he suffered no interruption of his domestic happiness. While he was laudably occupied in promoting the welfare of his orphan relatives, the rebellion broke out in Scotland. " It afforded him," says Mr. Stewart, " an opportunity of evincing the sin- cerity of that zeal for the civil and religious liberties of his country, which he had imbibed with the first principles of his education ; and which afterwards, at the distance of more than forty years, when he was called on to employ his eloquence in the na- tional commemoration of the Revolution, seemed to rekindle the fires of his youth. His situation as a country clergyman confined indeed his patriotic exertions within a narrow sphere ; but even here his conduct was guided by a mind superior to the scene in which he acted. On one occasion (when the capital was in danger of falling into the hands of the rebels) the present state of public affairs ap- peared so critical that he thought himself justified in laying aside for a time the pacific habits of his profession, and in quitting his parochial residence at Gladsmuir to join the volunteers of Edinburgh. And when, at last, it was determined that the city should be surrendered, he was one of the small vol. i. b XIV SKETCH OF THE LIFE band who repaired to Haddington, and offered their services to the commander of His Majesty V forces." With the exception of this one troubled interval he continued, for many years, in the tranquil per- formance of his pastoral duties. The hours of his leisure were devoted to literary researches and to laying the solid foundation of future eminence. It was his practice to rise early, and to read and w T rite much before breakfast. The remainder of the clay he devoted to the claims of his profession. As a minister of the gospel he was conscientious and active; not confining himself to the mere routine of his sacred office, but endeavouring by even means to extend the comforts and influence of reli- gion . In the summer months it was customary for him, previous to the commencement of the church service, to assemble the youthful part of his flock for the purpose of explaining to them tin doctrines of the catechism. By his zeal, his punc- tuality, and the suavity of his behaviour, he won the love of his parishioners ; so that, in all their difficulties, it was to him that they resorted for consolation and for counsel. His pulpit eloquence was such as afforded delight to all classes of people; because, while it was adorned with those graces of style which are required to satisfy men of judgment and taste, it was rendered level to the comprehension of his humblest hearers, by the clearness of its argument and the perspicuity of its lan^ua^e. The time at length arrived when the talents of Robertson were to be displayed on a more exten- sive and public scene of action, and he was to assume a leading share in the government of the OF DR. ROBERTSON. XV Scottish church. He did not, however, come for- ward among his colleagues till he had attained the mature age of thirty, and had thoroughly prepared himself to sustain his new and important part with untiring vigour and a decisive effect. It was on the question of patronage that he first exerted his powers of eloquence in a deliberative assembly. To enable the mere English reader to compre- hend this subject, it may, perhaps, be proper to give some account of the constitution of the church of Scotland, and also of the right of patronage, out of which arose the contentions and heartburnings by which the church was disturbed for a consider- able period. The church of Scotland is ruled by a series of judicatories, rising by regular gradation from the kirk session, or parochial consistory, which is the lowest in order, to the general assembly, which is the highest. The kirk session is composed of the ministers and lay elders of parishes ; a presbytery is formed of the ministers of contiguous parishes, with certain representatives from the kirk sessions ; and a provincial synod is constituted by the union of a plurality of presbyteries. Crowning the whole is the general assembly. This body consists of three hundred and sixty-four members, of whom two hundred and two are ministers, and the remainder are laymen. Of this number two hundred and one ministers and eighty-nine lay elders are sent by the presbyteries ; the royal boroughs elect sixty-seven laymen ; the universities depute five persons, who may be either ecclesiastics or laymen ; and the Scottish church of Campvere in Holland supplies two deputies, the one lay and the other clerical. The annual sittings of the assembly are limited to XVI SKETCH OF THE LIFE ten days ; but whatever business it has left un- settled is transacted by a committee of the whole house (called the commission), which, in the course of the year, has four stated meetings. Among the lay members of the assembly are men of the highest consequence in the kingdom ; lawyers, judges, and sometimes nobles. Though all the ministers in Scotland are on a perfect equality with each other, yet each individual and each judicatory is bound to yield a prompt obe- dience to the superintending authority, and each court must punctually lay the record of its proceed- ings before the tribunal which is next in rank above it; but the general assembly has the power of de- ciding without appeal, of enforcing, uncontroled, its decrees, and, with the concurrence of a majority of the presbyteries, of enacting laws for the govern- ment of the Scottish church. The history of clerical patronage in Scotland since the overthrow of Catholicism, and of the struggles to which it has given rise, has been traced with so much clearness by Dr. Gleig that, though the passage is of some length, I shall give it in his own words. " The Reformation in Scot- land," says he, " was irregular and tumultuous ; and the great object of the powerful aristocracy of that kingdom seems to have been rather to get possession of the tithes, and the lands of the digni- fied clergy, than to purify the doctrine and reform the worship of the church. Of this Knox and the other reformed clergymen complained bitterly ; and their complaints were extorted from them by their own sufferings. Never, I believe, were the esta- blished clergy of any Christian country reduced to such indigence as were those zealous and well OF DR. ROBERTSON. XVU meaning men during the disastrous reign of Queen Mary, and the minority of her son and successor ; whilst the pittance that was promised to them, in- stead of being regularly paid, was often seized by the rapacity of the regents and the powerful barons who adhered to their cause, and the ministers left to depend for their subsistence on the generosity of the people. " As nearly the whole of the ecclesiastical pa- tronage of the kingdom had come into the posses- sion of those barons, partly by inheritance from their ancestors, and partly with the church lands which, on the destruction of the monasteries, they had appropriated to themselves, it is not wonderful that, in an age when men were very apt to confound the illegal and mischievous conduct of him who ex- ercised an undoubted right with the natural conse- cjuences of that right itself, strong prejudices were excited in the minds of the clergy and more serious part of the people against the law which vested in such sacrilegious robbers the right of presentation to parish churches. It is not indeed very accu- rately known by whom ministers were nominated to vacant churches for thirty years after the com- mencement of the Reformation, when there was hardly any settled government in the church or in the state. In some parishes they were probably called by the general voice of the people ; in others, obtruded on them by the violence of the prevailing faction, to serve some political purpose of the day; and in others again appointed by the superintendent and his council : whilst in a few the legal patron may have exercised his right, without making any simoniacal contract with the presentee; which, b2 xviii SKETCH OF THE LIFE however, there is reason to suspect was no uncom- mon practice l . " Hitherto the government of the Protestant church of Scotland had fluctuated from one form to another, sometimes assuming the appearance of episcopacy under superintendents, and at other times being presbyterian in the strictest sense of the word. In the month of June, 159*2, an act was passed, giving a legal sanction to the presbyterian form of government, and restoring the ancient law of patronage. By that act the patron of a vacant parish was authorized to present, to the presbytery comprehending that parish, a person properly qua- lified to be intrusted with the cure of souls ; and the presbytery was enjoined, after subjecting the presentee to certain trials and examinations, of which its members were constituted the judges, ' to ordain and settle him as minister of the parish, provided no relevant objection should be stated to his life, doctrine, or qualifications.' " Though we are assured by the highest autho- rity 2 that this right of patronage, thus conferred by the fundamental charter of presbyterian government in Scotland, was early complained of as a grievance, it appears to have been regularly exercised until the era of the rebellion against Charles I. during the establishment as well of the presbyterian as of the episcopal church. It was indeed abolished by the usurping powers, which in 1649 established in its stead what was then called ' the gospel right of 1 The reader will derive much valuable information on this subject from Dr. Cook's " History of the Reformation in Scot- land." - Dr. Hill, Principal of St. Mary's College, in the University of St. Andrew's. OF DR. ROBERTSON. XIX popular election ;' but at the Restoration it was reestablished together with episcopacy, and was regularly exercised until the Revolution, when episcopacy was finally overthrown, and, by an act passed on the 2Gth of May, ' the presbyterian church, government, and discipline, by kirk ses- sions, presbyteries, provincial synods, and general assemblies,' established in its stead. The act of James VI. in 1592 was ' revived and confirmed in every head thereof, except in that part of it relating to patronages,' which were utterly abolished, though nothing was substituted in their stead until the 19th of July immediately succeeding. " It was then statuted and declared, to use the language of the act, ' that, in the vacancy of any particular church, and for supplying the same with a minister, the Protestant heritors and elders are to name and propose the person to the whole con- gregation, to be either approven or disapproven by them ; and if they disapprove, they are to give in their reasons, to the effect the affairs may be cog- nosced by the presbytery of the bounds ; at whose judgment, and by whose determination, the calling and entry of every particular minister is to be or- dered and concluded. In recompense of which rights of presentation the heritors of every parish were to pay to the patron six hundred merks (£33. 6s. Sd. sterling), against a certain time, and under certain proportions.' " Whether this sura, which at that period was very considerable, was actually paid to the patrons of the several parishes, I know not; but if it was, or indeed whether it was or not, had it been the intention of the legislature to produce dissension in the country, it could not have devised any thing XX SKETCH OF THE LIFE better calculated to effect its purpose than this mode of appointing ministers to vacant churches. The heritors or landholders, if the price was paid, would naturally contend for the uncontroled exer- cise of the right which they, and they only, had purchased ; but it is not by any means probable that at such a period they could often agree in their choice of a minister for a vacant parish. The elders, who were men of inferior rank and inferior education, would, by the envy of the low, when comparing themselves with the high, be prompted to thwart the wishes of their landlords, which the act of parliament enabled them to do effectually ; and the consequence must have been that two or three candidates for every vacant church were at once proposed to the people of the parish for their approbation or disapprobation. The people might either give the preference to one of the candidates proposed, or reject them all, for reasons of which the members of the presbytery were constituted the judges ; and as it appears that the presbytery ge- nerally took part with the people, a source of ever- lasting contention was thus established between the country gentlemen and the parochial clergy ; an evil than which a greater cannot easily be con- ceived. For these, and other reasons, this ill di- gested law was repealed in the tenth year of the reign of Queen Anne, and the right of patronage restored as in all other established churches. " By many of the clergy, however, patronage seems to have been considered as an appendage of prelacy ; though it has obviously no greater con- nexion with that form of ecclesiastical polity than with any other that is capable of being allied with die state ; and, till after the year 17o0, ministers OF DR. ROBERTSON. XXI continued to be settled in vacant parishes in the manner prescribed by the act of King William and Queen .Mary. ' Even then,' says Dr. Hill, ' the church courts, although they could not entirely disregard the law, continued, in many instances, to render it ineffectual, and by their authority sanc- tioned the prevailing prejudices of the people against it. They admitted, as an incontrovertible principle in presbyterian church government, that a presentee, although perfectly well qualified, and unexceptionable in his life and doctrine, was never- theless inadmissible to his clerical office, till the concurrence of the people who were to be under his ministry had been regularly ascertained.' The form of expressing this concurrence was by the sub- scription of a paper termed ' a call ;' to which many of the old ministers paid greater respect than to the deed of presentation by the patron of the church. " To render the call good, however, the unani- mous consent of the landholders, elders, and people was not considered as necessary, nor indeed ever looked for. Xav, it appears that even a majority was not in all cases deemed indispensable; for the presbytery often admitted to his charge, and pro- ceeded to ordain the presentee whose call, by what- ever number of parishioners, appeared to them to afford a reasonable prospect of his becoming, by prudent conduct, a useful parish minister. On the other hand, presbyteries sometimes set aside the presentation altogether, when they were not satis- fied with the call; and when the patron insisted on his right, and the presbytery continued inflexible, the general assembly was, in such cases, under the necessity either of compelling the members of the presbytery, by ecclesiastical censures, to do their XX11 SKETCH OF THE LIFE duty, or of appointing a committee of its own body to relieve them from that duty, by ordaining the presentee, and inducting him into the vacant church. To compulsion recourse had seldom been had; and the consequence was that individuals openly claimed a right to disobey the injunctions of the assembly, whenever they conceived their disobedience justi- fied by a principle of conscience. " Such was the state of ecclesiastical discipline in Scotland when Mr. Robertson first took an active part in the debates of the general assembly ; and he very justly thought that its tendency was to overturn the presbyterian establishment, and intro- duce in its stead a number of independent congre- gational churches. He therefore supported the law of patronage, not merely because it was part of the law of the land, but because he thought it the most expedient method of filling the vacant churches. It did not appear to him that the people at large are competent judges of those qualities which a minister should possess in order to be a useful teacher of the truth as it is in Jesus, or of the precepts of a sound morality. He more than suspected that if the candidates for churches were taught to consider their success in obtaining a set- tlement as depending on a popular election, many of them would be tempted to adopt a manner of preaching calculated rather to please the people than to promote their edification. He thought that there is little danger to be apprehended from the abuse of the law of patronage ; because the pre- sentee must be chosen from amongst those whom the church had approved, and licensed as qualified for the office of a parish minister; because a pre- sentee cannot be admitted to the benefice if any OF DR. ROBERTSON. XXlit relevant objection to his life or doctrine be proved against him ; and because, after ordination and admission, he is liable to be deposed for improper conduct, and the church declared vacant." \\ liatever may be thought of the merits of the cause which Robertson espoused, it is impossible to doubt that he was a conscientious supporter of it. To undertake its defence some strength of nerve was, indeed, required. Success seemed, at the outset, to be scarcely within the verge of pro- bability, and there was much danger of becoming unpopular. The result, nevertheless, gave ample proof of what may be accomplished by perseve- rance and talents. The first time that he came forward in the Assembly was in May, 1751 , when a debate arose on the conduct of a minister, who had disobeyed the sentence of a former assembly. Seizing this opportunity to enforce his principles of church discipline, Robertson, in a vigorous and eloquent speech, contended that if subordination were not rigidly maintained the Presbyterian esta- blishment would ultimately be overthrown, and, therefore, an exemplary punishment ought to be inflicted on the offending party. But, though he was heard with attention, his arguments produced so little present effect that, on the house being divided, he was left in a minority of no more than eleven against two hundred. Though this decision was not calculated to en- courage him, he determined to persist, and an occurrence very soon took place which enabled him to renew the contest. The presbytery of Dumferline having been guilty of disobedience, in refusing to admit a minister to the church of Inver- keithing, the commission of the assembly, which XXIV SKETCH OF THE LIFE met in November, ordered them to cease from their opposition, and threatened, that, if they continued to be refractory, they should be subjected to a high censure. Notwithstanding this, the presby- tery again disobeyed the mandate of the superior court. Yet, instead of carrying its threat into effect, the commission came to a resolution that no censure should be inflicted. Such a resolution as this, after the commission had gone so far as to resort to threats, was at least absurd. So fair an opening as this circum- stance afforded was not neglected by Robertson. He accordingly drew up a protest, intituled, " Reasons of Dissent from the Judgment and Re- solution of the Commission." This protest, which was signed by himself, Dr. Blair, Home, and a few other friends, is an able and closely reasoned production. It boldly declares the sentence of the commission to be inconsistent with the nature and first principles of society ; charges the commission itself with having, by that sentence, £one beyond its powers, and betrayed the privileges and de- serted the doctrines of the constitution ; considers the impunity thus granted as encouraging and in- viting contumacy; insists on the lawfulness and wisdom of ecclesiastical censures, and on the abso- lute necessity of preserving subordination and obe- dience in the church ; and, finally, maintains that the exercise of no man's private judgment can jus- tify him in disturbing all public order, that he who becomes a member of a church ought to conform to its decrees, or, " if he hath rashly joined him- self, that he is bound, as an honest man and a good Christian, to withdraw, and to keep his con- science pure and undefilcd." OF DR. ROBERTSON. XXV When the assembly met, in 1752, the question was brought before it; and Robertson supported the principles of his protest with such cogency of argument, that he won over a majority to his side, and achieved a complete triumph. The judgment of the commission was reversed, Mr. Gillespie, one of the ministers of the presbytery of Dumferline, was deposed from his pastoral office, and ejected from his living, and three other individuals were suspended from their judicative capacity in the superior ecclesiastical courts. Gillespie, whose only crime was that of being absent on the day appointed for the induction of the presentee, was a pious and amiable man, and his deposition occa- sioned so much dissatisfaction, that it gave rise to a new sect of dissenters, afterwards known by the appellation of " the Presbytery of Relief;" a sect which still exists, and is of considerable magni- tude. From this time, though it was not till the year 1703 that he became its avowed leader, Robertson was, in fact, at the head of the assembly ; which body, for the whole period of his ascendancy, he contrived to keep steady to his principles. In this task he was ably seconded by Dr. Drysdale, one of the ministers of Edinburgh. It was not, however, without many struggles that he retained his preeminence. Those which took place in 1765 and 1768 were peculiarly violent; motions having then been made, and vehemently contended for, to inquire into the causes of the rapid progress of secession from the established church ; and, in order to counteract them, to introduce a more po- pular mode of inducting the parochial ministers. From what is mentioned by Sir Henry "Wellwood, vol. i. c XXVi SKETCH OF THE LIFE in his " Memoirs of Dr. Erskine," it appears that the exertions of Robertson were kept continually on the stretch ; and that for his victory he was partly indebted to cautious management, and to patience which nothing could tire. " During Dr. Robertson's time," says he, " the struggle with the people was perpetual ; and the opposition to pre- sentees so extremely pertinacious, as in a great measure to engross the business of the assemblies. The parties in the church were then more equally balanced than they have ever been since that period. The measures which were adopted, in the face of such perpetual opposition, it required no common talents to manage or defend ; especially consider- ing that the leaders in opposition were such men as Dr. Dick, Dr. Macqueen, Dr. Erskine, Mr. Ste- venson of St. Madois, Mr. Freebairn of Dumbar- ton, Mr. Andrew Crosbie, &c. &c. ; men of the first ability in the country, and some of them pos- sessed of an eloquence for a popular assembly to which there was nothing superior in the church or in the state. " Dr. Robertson's firmness wasnoteasily shaken, but his caution and prudence never deserted him. He held it for a maxim, never wantonly to offend the prejudices of the people, and rather to endea- vour to manage than directly to combat them. Some of the settlements in dispute were protracted for eight or ten years together ; and though the general assemblies steadily pursued their system, and uniformly appointed the presentees to be in- ducted, their strongest sentences were not vindic- tive, and seldom went beyond the leading points to which they were directed." In 17o7 an event happened, which afforded to OF DR. ROBERTSON. XXVII him an opportunity of manifesting the liberality of his spirit, and of exercising his influence over his colleagues, to moderate the vengeance which was threatened to be hurled on some of his brethren, for having been guilty of an act which was con- sidered to be of the most profane nature. The chief offender was his friend Home, who was then minister of Athelstaneford. The crime consisted in Home having not only produced the tragedy of Douglas, but having also had the temerity to be present at the acting of it in the Edinburgh theatre. With him were involved several of his clerical in- timates, who, as much from a desire to share with him any odium or peril which might be incurred, as from a natural curiosity, had been induced to accompany him to the theatre on the first night of the performance. The storm which this circum- stance raised among the Scottish clergy can, in the present age, hardly be imagined. It seemed as if they had witnessed nothing less than the abo- mination of desolation standing in the holy place. The presbytery of Edinburgh hastened to summon before its tribunal such of its members as had committed this heinous offence, and it likewise dispatched circulars to the presbyteries in the vici- nity, recommending rigorous measures against all clergymen who had desecrated themselves by ap- pearing in the polluted region of the theatre. The alarm thus sounded awakened all the bigotry of the circumjacent presbyteries. That of Hadding- ton, to which Home belonged, cited him and his friend Carlyle, of Inveresk, to answer for their mis- conduct. That of Glasgow had no criminals to chastise, but it was resolved not to remain silent, and, therefore, with a zeal which assuredly was not. XXVill SKETCH OF THE LIFE according to knowledge, it fulminated forth a se- ries of resolutions on this appalling subject. It lamented " the melancholy but notorious fact, that one, who is a minister of the church of Scotland, did himself write and compose a play, entitled the Tragedy of Douglas, and got it to be acted in the theatre at Edinburgh; and that he, with several other ministers of the church, were present, and some of them oftener than once, at the acting of the said play before a numerous audience ;" it affirmed, in direct hostility to historical evidence, that stage plays had " been looked upon by the Christian church, in all ages, and of all different communions, as extremely prejudicial to religion and morality;" and, as a natural consequence from this, it called on the general assembly to reprobate publicly " a practice unbecoming the character of clergymen, and of such pernicious tendency to the great inte- rests of religion, industry, and virtue." The cry of the church was echoed from the press, angry disputants were arrayed on both sides, and a mul- titude of ephemeral pamphlets and pasquinades was rapidly produced 3 . 3 The following list of some of the most remarkable pamphlets will show what a strong interest was excited by this question. It is given in the Supplement to the Encyclopedia Britannica. 1. Admonition and Exhortation of the Presbytery of Edinburgh. 2. Witherspoons Serious Inquiry into the Nature and Effect of the Stage. 3. The Immorality of Stage Plays in general, and of the Tragedy called Douglas in particular, briefly illustrated. 4. The Usefulness of the Edinburgh Staqe seriously considered. 5. The Tragedy of Douglas analysed. 6. A Letter to Mr. David Hume on the Tragedy of Douglas. 7 . An Apology for the Writers against the Tragedy of Douglas, with Remarks on that Play. $. The Deposition, or Fatal Miscarriage, a Tragedy. 9. Douglas, a Tragedy, weighed in the Balances and found wanting. 10. The First Night's Audience, an excellent new Ballad. 11. The Stage or the Pulpit, two parts. 12. The Apostle to the Theatre his OF DR. ROBERTSON, xxix Throughout the whole of the ecclesiastical pro- ceedings, which on this occasion were instituted in the presbyteries and in the general assembly, Ro- bertson exerted himself with more than common ardour and eloquence on behalf of his friends. Though, being restrained by a promise which he had given to his father, he had himself never been within the walls of a theatre, he did not hesitate .to avow his belief that no culpability attached to the persons who were under prosecution. " The pro- mise," said he, " which was exacted by the most indulgent of parents, I have hitherto religiously kept, and it is my intention to keep it till the day of my death. I am at the same time free to de- clare, that I perceive nothing sinful or inconsistent with the spirit of Christianity in writing a tragedy, Garland. 13. The Finishing Stroke, or Nothing, a Ballad. 14. The Infernal Council, an excellent new Ballad. 15. A Song or Sermon, a new Ballad, Saturday 29th January, 1757. 16. The Admonition, an execrable neio Ballad. 17. Advice to the Writers in Defence of Douglas. 18. An Epilogue to the Tragedy of Douglas, spoke by the Author. 19. An Argument to prove that the Tragedy of Douglas ought to be burnt by the Common Hang- man (ironical, by Dr. Carlyle). 20. The Moderator, Nos. 1 and 2. 21. Votes of the Presbytery of Edinburgh, 2Qth Decem- ber, 1 750. 22. A Letter to the Reverend the Moderator, Sfc. of the Presbytery of Haddington. 23. A Letter to the Author of the Ecclesiastical Characteristics. 24. The. Morality of Stage Plays seriously considered (by Dr. Ferguson). 25. Some serious Remarks on a Pamphlet entitled, The Morality of Stage Plays seriously considered (by the Rev. Mr. Harper, an Episcopalian clergyman). 2G. The Players' Scourge. 27. A Second Letter to the Author of the Ecclesiastical Characteristics. 28. Unto the Right Ethereal the Siplers, the Petition of poor Alexander Mag- num Bonum. Most of these are unfavourable to the play (some of them written by Mr. Maclaurin, afterwards Lord Dreghorn); ' others contain very indecorous strictures on the conduct of Drs. Cuming, Walker, and Webster, who were active in discourag- ing the attendance on the theatre, and in prosecuting olleudiug brethren. C 2 XXX SKETCH OF THE LIFE which gives no encouragement to baseness or vice, and that I cannot concur in censuring my brethren for being present at the representation of such a tragedy, from which I was kept back by a promise, which, though sacred to me, is not obligatory on them." Wholly to overcome the prevalent spirit of bigotry was more than Robertson could accomplish, but it is believed to have been at least greatly miti- gated by his laudable efforts. To his persuasive eloquence is attributed, and no doubt justly, the comparative mildness of the sentence which was ultimately pronounced. A declaratory act was passed by the assembly, forbidding the clergy to visit the theatres, but not extending the prohibition to the writing of plays. The silence of the assem- bly on the latter head was at least one point gained in favour of liberal principles. As to the offending ministers, some of them were rebuked by the pres- byteries to which they belonged, and one or two of them were suspended from their office for a few weeks. Home, however, being disgusted with the treatment which he had experienced, and having, perhaps, already been offered patronage in the British metropolis, resigned his living of Athel- staneford in June, 1757, and fixed his residence in London. By the departure of Home, the Select Society, as it was called, lost one of its ablest members. This society was instituted at Edinburgh, in 1754, by x\llan Ramsay, the painter, who was son to the ■poet of the same name. The object of it was phi- losophical and literary inquiry, and the improve- ment of the members in the art of speaking. It held its meetings in the Advocates' Library, and OF DR. ROBERTSOiN. XXXi met regularly every Friday evening, during the sit- tings of the Court of Session. At the outset it consisted of only fifteen persons, of whom Robert- son was one. It, however, soon acquired such high reputation, that its list of associates was swelled to more than a hundred and thirty names ; among which were included those of the most eminent literary and political characters in the northern division of the kingdom. Of this number were Hume, Adam Smith, Wedderburn, after- wards Lord Chancellor, Sir Gilbert Elliot, Lord Elibank, Lord Monboddo, Lord Karnes, Lord Woodhouselee, Adam Furguson, Wilkie, Dr. Cul- len, and many others, less gifted perhaps, but still rising far above mediocrity of talent. This society flourished in full vigour for some years; and is said, by professor Stewart, to have " pro- duced such debates as have not often been heard in modern assemblies; — debates, where the dignity of the speakers was not lowered by the intrigues of policy, or the intemperance of faction ; and where the most splendid talents that have ever adorned this country were roused to their best exertions, by the liberal and ennobling discussions of literature and philosophy." That such an assemblage of learning and genius must have done much towards diffusing through Scotland a taste for letters, there cannot be the shadow of a doubt. Robertson took an active part, and was one of its presidents. As a speaker, it was remarked of him, that " whereas most of the others in their previous discourses exhausted the subject so much that there was no room for debate, he gave only such brief but artful sketches, as served to suggest ideas, without lead- ing to a decision." XXXii SKETCH OF THE LIFE By a few members of the Society, a Review was attempted in 1755, the principal contributors to which were Blair, Smith, and Robertson. This undertaking was designed to form a record of the progress of Scottish literature, and, occasionally, to criticise such English and foreign works as might appear to be worthy of notice. After having pub- lished two numbers, which appeared in July and December, the reviewers were under the necessity of relinquishing their plan. The failure is said to have arisen from their having lashed, with just but caustic severity, " some miserable effusions of fana- ticism, which it was their wish to banish from the church." Their attack upon this mischievous trash excited such a vehement party outcry, that they thought it prudent to discontinue labours which, while they must fail of being useful, could not fail to expose them to vulgar odium, and involve them in endless disputes. Time, the great worker of changes, has since produced a marvellous altera- tion. At a period less than half a century later, the most prejudice-scorning and pungent of all Reviews was established in the Scottish capital, and was received with enthusiasm ! The first separate literary production of Robert- son, or at least the first known production, was also laid before the public in 1755. It is a sermon which he preached in that year before the Scotch Society for propagating Christian knowledge. He chose for his subject, " The situation of the world at the time of Christ's appearance, and its con- nexion with the success of his religion." Though this discourse never rises into a strain of glowing eloquence, it is a dignified and argumentative com- position, in a chaste and animated style. If it does OF DR. ROBERTSON. XXX111 not flash and dazzle, it at least shines with a steady lustre. Its merit, indeed, affords us ample cause to regret that, before his removal from Gladsmuir, he lost a volume of sermons, on which much care is said to have been bestowed. The sole specimen which remains of his talents as a preacher has passed through five editions, and has been trans- lated into the German language by Mr. Edeling. Some of his enemies have, however, invidiously re- marked, that he evidently borrowed his ideas and sentiments from the introductory chapters to Mos- heim's Ecclesiastical History. Nothing is more easy or frequently made, nothing is, in general, more groundless and contemptible than a charge of plagiarism. In this instance there appears to be not a shadow of evidence to support the charge ; the likeness, if in fact there be any, being more re- mote than, under the similar circumstances of the case, might naturally be expected. The time now came when the high character for learning and talent, which Robertson had acquired among his friends, was to be ratified by the public voice. He had long been sedulously engaged on the History of Scotland, the plan of which he is said to have formed soon after his settling at Glads- muir. By his letters to Lord Hailes we are, in some measure, enabled to trace his progress. It appears that as early as 1753 he had commenced his labours, and that by the summer of 1757 he had advanced as far as the narrative of Gowrie's conspiracy. In the spring of 1758 he visited Lon- don, to concert measures for publishing; and the History, in two volumes, quarto, was given to the world on the first of February, 1759, about three months subsequent to the completion of it. While XXXIV SKETCH OF THE LIFE the last sheets were in the press, the author received, by diploma, the degree of Doctor of Divinity from the University of Edinburgh. At the period when Dr. Robertson commenced his career, this country could boast of few histo- rians, possessed of philosophic views and an elegant style. Rapin, who, besides, wrote in his native language, Carte, and others, could not aspire to a loftier title than that of annalists ; and the recent production from the pen of Smollet, though dis- playing talent, was by far too imperfect to give him a place among eminent historical writers. Hume alone had come near to the standard of excellence; and, after enduring a doubtful struggle, in the course of which his spirits were well nigh overpowered, had at length begun to enjoy the literary honours which he had so painfully acquired. For a con- siderable time past he had been occupied on the reigns of the Tudor race ; and, as this subject is inseparably connected with Scottish history, Dr. Robertson was alarmed lest he himself should sus- tain injury from the volumes of his friend being published simultaneously with his own. The new candidate for fame endeavoured to induce Hume to proceed with some other portion of his narrative ; and, having failed in this, he appears to have been desirous that he should at least be allowed to be the first to claim the notice of the public. " I am (says Hume in a letter to him) nearly printed out, and shall be sure to send you a copy by the stage coach, or some other conveyance. I beg of you to make remarks as you go along. It would have been much better had we communicated before printing, which was always my desire, and was most suitable to the friendship which always did, OF DR. ROBERTSON. XXXV and I hope always will subsist between us. I speak this chiefly on ray own account. For though I had the perusal of your sheets before I printed, I was not able to derive sufficient benefits from them, or indeed to make any alteration by their assistance. There still remain, I fear, many errors, of which you could have convinced me if we had canvassed the matter in conversation. Perhaps I might also have been sometimes no less fortunate with you." He adds, " Millar was proposing to publish me about March ; but I shall communicate to him your desire, even though I think it entirely groundless, as you will likewise think after you have read my volume. He has very needlessly delayed your publication till the first week of Fe- bruary, at the desire of the Edinburgh booksellers, who could no way be affected by a publication in London. I was exceedingly sorry not to be able to comply with your desire, when you expressed your wish that 1 should not write this period. I could not write downward. For when you find occasion, by new discoveries, to correct your opi- nion with regard to facts which passed in Queen. Elizabeth's days; who, that has not the best op- portunities of informing himself, could venture to relate any recent transactions ? I must therefore have abandoned altogether this scheme of the Eng- lish History, in which J had proceeded so far, if! had not acted as I did. You will see what light and force this History of the Tudors bestows on that of the Stewarts. Had I been prudent I should have begun with it." The alarm which Dr. Robertson conceived from the rivalship of his friend was, however, groundless. His success was not, like that of Hume, the slow XXXVI SKETCH OF THE LIFE growth of years. It was complete and immediate. So rapid was the sale of the book, that, before a month had elapsed, his publisher informed him that it was necessary to set about preparing; for a second edition. It was read and admired by a part of the royal family; and plausive and gratulatory letters were showered on him from all quarters. Warburton, Horace Walpole, Lord Mansfield, Lord Lyttelton, Dr. Douglas, Hurd, and many other men of eminence, all concurred in swelling the chorus of praise. Among the foremost to blazon his merits was his amicable rival, Hume, whose letters bear repeated testimony to the warmth of his friendship, and his noble freedom from the base dominion of envy. " I am diverting myself," says he, " with the notion of how much you will profit by the applause of my enemies in Scotland. Had you and I been such fools as to have given way to jealousy, to have entertained animosity and malignity against each other, and to have rent all our acquaintance into parties, what a noble amuse- ment we should have exhibited to the blockheads, which now they are likely to be disappointed of! All the people whose friendship or judgment either of us value are friends to both, and will be pleased with the success of both, as we will be with that of each other. I declare to you I have not of a long time had a more sensible pleasure than the good reception of your History has given me within this fortnight." In another place, with a sportive- ness not unusual in his correspondence, he ex- claims, " But though T have given this character of your work to Monsieur Helvetius, I warn you that this is the last time that, either to Frenchman or Englishman, I shall ever speak the least good of OF DR. ROBERTSON. XXXV11 it. A plague take you ! Here I sat near the his- torical summit of Parnassus, immediately under Dr. Smollet; and you have the impudence to squeeze yourself by me, and place yourself directly under his feet. Do you imagine that this can be agreeable to me ! And must not I be guilty of great simplicity to contribute my endeavours to your thrusting me out of my place in Paris as well as at London ? But I give you warning that you will find the matter somewhat difficult, at least in the former city. A friend of mine, who is there, writes home to his father the strangest accounts on that head ; which my modesty will not permit me to repeat, but which it allowed me very deliciously to swallow." The hold which the History of Scotland thus suddenly acquired on the public mind it yet retains. Fourteen editions were published during the life- time of the author, and the editions since his de- cease have been still more numerous. It has un- doubtedly established itself as a classical English production. For a while, indeed, the voice of cri- ticism was mute ; and the historian had only to enjoy the luxury of his triumph. But, at length, some of his opinions, particularly his belief of the guilt of Mary, found opponents in the candid and well informed Tytler, the learned, acute, and elo- quent Stuart, and the dogmatical Whitaker; the latter of whom, though master of talents, erudition, and forcible reasoning, almost rendered truth itself repulsive by the petulance and overbearingness of his manner, and the ruggedness of his style. Of his antagonists, however, the historian took not the slightest public notice, contenting himself with the silent correction of such passages in his work as VOL. T. d XXXVlll SKETCH OF THE LIFE his matured judgment had decided to be erroneous. In a letter to Gibbon he laconically notices Whit- aker. " You will see/' says he, " that I have got in Mr. Whitaker an adversary so bigoted and zealous, that though 1 have denied no article of faith, and am at least as orthodox as himself, yet he rails against me with all the asperity of theolo- gical hatred. T shall adhere to my fixed maxim of making no reply/' It was not merely a harvest of unproductive fame that was reaped by Dr. Robertson. He was no sooner known to the world than preferment was rapidly bestowed on him. In the autumn of 1758, while his work was in the hands of the printer, he was translated from Gladsmuir to one of the churches of the Scottish metropolis. I believe the church to which he was removed to have been that of the Old Gray Friars, in which, some years after- wards, his friend Dr. Erskine became his coadjutor. On the History issuing from the press he was ap- pointed Chaplain of Stirling Castle, and, in 1761, v,;ie of his Masjesty's Chaplains in Ordinary for Scotland. The dignity of Principal of the College of Edinburgh was conferred on him in 1762 ; and, two years subsequently to this, the office of Histo- riographer for Scotland, which, since the death of Crawfurd, in 1726, had been disused, was revived in his favour, with an annual stipend of two hun- dred pounds. .By the remuneration which he had received for his History, and the salaries which arose from his various appointments, Dr. Robertson was now in possession of an income far greater than had ever before been possessed by any Scotch presbyterian minister, and certainly not falling short of that C*F DR. ROBERTSON. XXXix which had been enjoyed by some bishops at the period when the church of Scotland was under episcopal government. A few of his indiscreet friends seem, however, to have thought that his talents were not adequately rewarded, and even that the clerical profession in the northern part of our island did not afford for them a sphere of action sufficiently extensive. The church of England held forth richer prospects to ambition and to mental endowments; and they were of opinion that, by transferring his services to that church, he might obtain a share in its highest dignities and emolu- ments. To this scheme allusions may be found in the letters which, about this time, were addressed to him by Dr. .John Blair, Sir Gilbert Elliot, and Mr. Hume. But Dr. Robertson had a larger share of foresight and prudence than his advisers, and he rejected their dangerous though well intended counsel. It is, perhaps, more than doubtful whe- ther, had it been executed, their plan would have produced the desired effect. This kind of trans- planting has often been tried, but seldom, if ever, with any degree of success. The plant, vigorous on its native bed, languishes and is dwarfed on an alien soil. Dr. Robertson had now reached the mature age of forty-one; his opinions, his habits, his connexions, had all been formed with a refer- ence to the circle in which he moved, and it was not probable that they could be suddenly bent with advantage in an opposite direction. In Scotland he had no competitors who could rise to a level with him; in England he would, perhaps, have had many ; and lie may be supposed to have thought, with Caesar, that it is better to be the first man in a village than the second at Home. xl SKETCH OF THE LIFE Nor was there any room in England for the ex- ercise of that kind of eloquence in which he par- ticularly excelled ; the eloquence which is mani- fested in debate. By the force of his oratory he left far behind all his rivals and opponents, and wielded at will the general assembly of the Scottish church ; but, since the convocation was shorn of its controversial and declamatory glories, since it was smitten with an incapacity of embarrassing the government, fostering theological rancour, and dis- playing the unseemly spectacle of Christian divines arrayed in worse than barbarian hostility to each other, there has not in this country existed any deliberative clerical body in which Dr. Robertson could have exerted those argumentative and rheto- rical powers that, among his follow ministers, ob- tained for him so entire an ascendancy. His pre- ferment might also have stopped short of the point which his sanguine friends expected it to attain ; and, whatever its degree, it would in all probability have been looked on with a jealous eye by many of his brethren on the south of the Tweed. There was, besides, another and still more powerful rea- son that must have influenced his decision. He had for nearly twenty years been a leading minister of the presbyterian establishment ; and his now quitting it to enter into a prelatical church, which, as being deemed a scion from the hated stock of Rome, was still held in abomination by many of his countrymen, could scarcely have failed to be considered as an interested and base sacrifice of his principles and his character at the shrine of lucre and ambition. To be branded as a deserter by the zealots of the one institution, and by the envious of the other, was not a favourable auspice OF DR. ROBERTSON. xli under which to commence his new career; and he therefore acted wisely, as well as honourably, in remaining a member of the Scottish church. Having resolved to remain in Scotland, and to rely chiefly on his pen for the advancement of his fortune, Dr. Robertson had now to choose another theme on which his talents could be profitably em- ployed. To the composition of history, in which he had met with such stimulating success, he wisely determined to adhere. It was, indeed, in that de- partment that he was peculiarly qualified to excel, by his power of vivid description, and his happy delineation of character. His friends were con- sulted on this occasion; each had some favourite plan to suggest to him ; aud he seems to have been absolutely embarrassed by the affluence of subjects, many of which were worthy of his best exertions to illustrate and adorn them. If a ludicrous simile may be allowed, we may say that he found it no less difficult to fix his choice, than it was for Mr. Shandy to decide to what purpose he should apply the legacy which was left to him by his sister Dinah. Dr. John Blair strenuously recom- mended to him to write a complete History of England, and assured him that Lord Chesterfield had declared his readiness to move, in the House of Peers, for public encouragement to him, in case of his undertaking a work which might with justice be considered as being a national one. But from adopting this project, though it was one which he had early cherished, Dr. Robertson was deterred by his honourable unwillingness to interfere with his friend Hume, who was now putting the finish- ing hand to his great labour. Iliimo himself ad- vised him to undertake a series of modern lives, d'2 xlii SKETCH OF THE LIFE in the manner of Plutarch. " You see," said he, " that in Plutarch the life of Caesar may be read in half an hour. Were you to write the life of Henry the Fourth of Prance after that model, you might pillage all the pretty stories in Sully, and speak more of his mistresses than of his battles. In short, you might gather the flower of all modern history in this manner. The remarkable Popes, the Kings of Sweden, the great discoverers and conquerors of the New World, even the eminent men of letters might furnish you with matter, and the quick dispatch of every different work would encourage you to begin a new one. If one volume were successful, you might compose another at your leisure, and the field is inexhaustible./ There are persons whom you might meet with in the corners of history, so to speak, who would be a subject of entertainment quite unexpected; and as long as you live, you might give and receive amuse- ment by such a work." That so excellent an idea should not have been acted upon must be regretted by every one who is a lover of literature. By Horace Walpole two subjects, of no trivial inte- rest, were pointed out. These were the History of Learning, and the History of the reigns of Nerva, Trajan, Adrian, and the two Antonines; the latter of which Walpole declared that he should be tempted to denominate the History of Humanity. Dr. Robertson himself seems, at onetime, to have thought, though but transiently, of tracing the events which occurred in the age of Leo the Tenth. There is no reason to lament that he did not under- take this task, which was once meditated on by Warton, and has since been performed by a writer whom nature has largely gifted, and who possesses OF DR. ROBERTSON. xliii a profound knowledge of the records, arts, and language of Italy. But the two plans which had the ascendancy in his mind, and between which he lonij hesitated, were the History of Greece, and the History of Charles the Fifth. At length, not- withstanding the objections which were urged by Hume and Horace Walpole, he made choice of the reign of Charles as the subject of his second attempt. When he had for about a year been engaged, partly in those preliminary researches which are necessary to give value to a work like that on which he was occupied, and partly in composition, his progress was suddenly suspended, by the inter- vention of a personage of such elevated rank as to render it almost impossible for him to decline a compliance with that which was required from him. It has been seen, that he was early desirous to be the historian of his native island, and that friend- ship alone prevented him from being so. He was now informed that the wishes of the British Sove- reign were in unison with his own. In the latter part of July, 17G1, he was written to on this head by Lord Cathcart. " Lord Bute told me the King's thoughts as well as his own," said Lord Cathcart, " with respect to your History of Scot- land, and a wish his Majesty had expressed to see a History of England by your pen. His lordship assured me, every source of information which government can command would be opened to you; and that great, laborious, and extensive as the work must be, he would take care your encourage- ment should be proportioned to it. He seemed to be aware of some objections you once had, founded on the apprehension of clashing or interfering with xliv SKETCH OF THE LIFE Mr. David Hume, who is your friend : but as your performance and his will be upon plans so different from each other, and as his will, in point of time, have so much the start of yours, these objections did not seem to him such as, upon reflection, were likely to continue to have much weight with you. — I must add, that though I did not think it right to inquire into Lord Bute's intentions before I knew a little of your mind, it appeared to me plain, that they were higher than any views which can open to you in Scotland, and which, I believe, he would think inconsistent with the attention the other sub- ject would necessarily require." A proposition thus powerfully enforced it would, under any circumstances, have been difficult for Dr. Robertson to reject. But, in fact, the reasons which formerly influenced his conduct had ceased to exist. Hume had now completed his history, it was before the public, and its fate must be irre- vocably decided before a line of the rival narrative could be committed to paper. Dr. Robertson was convinced of this, and therefore he did not hesitate to embrace the opportunity which was offered to him. " After the first publication of the History of Scotland, and the favourable reception it met with," said he in his answer to Lord Cathcart, " I had both very tempting offers from booksellers, and very confident assurances of public encouragement, if I Would undertake the History of England. But as Mr. Hume, with whom, notwithstanding the contrariety of our sentiments both in religion and politics, I live in great friendship, was at that time in the middle of the subject, no consideration of interest or reputation would induce me to break in upon a field of which he had taken prior posses- OF DR. ROBERTSON. xlv sion ; and 1 determined that my interference with him should never be any obstruction to the sale or success of his work. Nor do I yet repent of my having resisted so many solicitations to alter this resolution. But the case I now think is entirely changed. His History will have been published several years before any work of mine on the same subject can appear ; its first run will not be marred by any justling with me, and it will have taken that station in the literary system which belongs to it. This objection, therefore, which I thought, and still think, so weighty at that time, makes no im- pression on me at present, and I can now justify my undertaking the English History, to myself, to the world, and to him. Besides, our manner of viewing the same subject is so different or peculiar, that (as was the case in our last books) both may maintain their own rank, have their own partisans, and possess their own merit, without hurting each other." To enable him to accomplish so arduous a labour, he considered it necessary, not only that he should be established in such a manner as would divest him of all anxiety as to pecuniary concerns, but that he should likewise have the power of devoting to study a larger portion of his time than it was now possible for him to allot to that purpose. " Were I to carve out my own fortune," said he, " I should wish to continue one of His Majesty's Chaplains for Scotland, but to resign my charge as a minister of Edinburgh, which engrosses more of my time than one who is a stranger to the many minute duties of that office can well imagine. I would wish to apply my whole time to literary pursuits, which is at present parceled out among innumerahh Xlvi SKETCH OF THE LIFE occupations. In order to enable me to make this resignation some appointment must be assigned me for life. What that should be, it neither becomes me, nor do I pretend to say. One thing, however, I wish with some earnestness, that the thing might be executed soon, both as it will give me great vigour in my studies to have my future fortune as- certained in so honourable a manner, and because, by allowing me to apply myself wholly to my pre- sent work, it will enable me to finish it in a less time, and to begin so much sooner to my new task." But though he was desirous to obtain some ap- pointment, in order that he might not be " reduced entirely to the profession of an author," he at the same moment, with becoming spirit, declared that he did not wish to derive any emolument from it before he could commence the particular task for which the appointment was to be given. The pro- posal that he should remove to London, he was averse from complying with, though he did not put a direct negative on it; and he could not consent to begin the History of Britain till he had com- pleted that of Charles the Fifth. This scheme, which seems to have been almost brought to maturity, was, nevertheless, dropped ; but for what reason is unknown. Mr. Stewart is disposed to believe that the failure of it may in part be attributed to the resignation of Lord Bute. It was certainly so much a favourite with Dr. Robert- son, that he long cherished it, and abandoned it with reluctance. We may, perhaps, be allowed to smile, or to wonder, that a sovereign should have selected a writer confessedly of Whig principles to compose a History of England, in opposition to one produced by a friend of arbitrary power; and OF DR. ROBERTSON. xlvii we may also be allowed to doubt, whether, as far as regarded its sentiments, such a work, written by a Whig under the auspices of a court, would have proved quite satisfactory either to the monarch or to the people. There might, at least, have been some danger that it would have justified the sar- casm which was uttered by Horace Walpole, on another occasion. " You must know, sir," said Dr. Robertson to him, " that I look upon myself as a moderate Whig." — " Yes, Doctor," replied Walpole, " I look on you as a very moderate Whig." As soon as this negotiation was broken off", he bent all his exertions to the task which he had commenced. The public curiosity was highly excited, and it was long kept on the stretch before it was gratified. In the summer of 1701, he stated that one third of the work was finished, and that two years more would be required to bring the whole to perfection. But there never yet was an author who did not deceive himself, and conse- quently deceive others, as to the period at which his labour would be completed. The stupid, the thoughtless, and the malignant (and there are many persons, not literary, though connected with litera- ture, who belong to these classes) consider as in- tended for the purpose of deception the erroneous estimate which authors are thus apt to form. They either cannot or will not be taught that, in spite of Dr. Johnson's bold assertion to the contrary, no man is at all hours capable of thinking deeply, or of clothing his thoughts in an attractive dress; that he who is dependent on his reputation for existence ought not to be compelled to hazard it by crude and slovenly efforts, the product of haste ; that he Xlviii SKETCH OF THE LIFE who draws up a narrative from widely scattered, numerous, and conflicting documents must often, in painful research and in balancing evidence, spend more months than he had calculated on spending weeks; that the discovery of a single paper, the existence of which was previously unknown, may not only throw a new light upon a subject, but give to it an entirely new colour, and may compel a writer to modify, to arrange, and even to cancel, much that he had supposed to have received his last touches ; and, therefore, that the delay which, as being a proof of literary indolence, is so fre- quently and so unfeelingly an object of censure, ought rather in many cases to be rewarded with praise, because it is a duty which an author con- scientiously, and at his own cost, performs to society and to truth. Impediments of this kind no doubt retarded the progress of Dr. Robertson ; to which must be added his multifarious avocations, as principal of the University, a minister of one of the churches of the Scottish metropolis, and an active member of the General Assembly, in which body, as Mr. Stewart informs us, faction was run- ning high at that epoch. The transactions relative to America he likewise found to be of too vast a magnitude, to allow of their being compressed into an episode. He was under the necessity of re- serving them for a separate history ; and this cir- cumstance obliged him in some degree to make a change in his original plan. It is, therefore, not wonderful that the publication of his work was protracted six years beyond the time which he had himself assigned for it. At length, early in 1769, appeared, in three volumes quarto, the History of Charles the Fifth. OF DR. ROBERTSON. xlix It had been perused, while in the press, by Hume, and probably by other friends, and had gained the warmest praise. " I got yesterday from Strahan," savs Uume, in one of his letters, "about thirty sheets of your History, to be sent over to Suard, and last night and this morning have run them over with great avidity. I could not deny myself the satisfaction (which I hope also will not displease you) of expressing presently my extreme approba- tion of them. To say only they are very well writ- ten, is by far too faint an expression, and much inferior to the sentiments I feel: they are composed with nobleness, with dignity, with elegance, and with judgment, to which there are few equals. They even excel, and I think in a sensible degree, your History of Scotland. I propose to myself great pleasure in being the only man in England, during some months, who will be in the situation of doing you justice, after which you may certainly expect that my voice will be drowned in that of the public." Hume's anticipation was prophetic. Soon after the work had come out, he wrote to his friend, in the following unequivocal terms. " The success has answered my expectations, and I, who con- verse with the great, the fair, and the learned, have scarcely heard an opposite voice, or even whisper, to the general sentiments. Only I have heard that the Sanhedrim at Mrs. Macaulay's condemns you as little less a friend to government and monarchy than myself." Horace Walpole was almost equally laudatory; Lord Lyttelton testified his admiration; and, as Hume had long before done, recommended to the historian to write, in the manner of Plutarch, the lives of eminent persons. Voltaire, also, paid vol. i. e 1 SKETCH OF THE LIFE a flattering tribute. " It is to you aud to Mr. Hume," said he, " that it belongs to write history. You are eloquent, learned, and impartial. I unite with Europe in esteeming you." Xor was the fame of the author confined to his native island. Through the intervention of the Baron D'Holbach, M. Suard was induced to translate the work into French, while it was being printed in England, and his masterly translation is said to have established his own literary character, and to have been the means of his obtaining a seat in the French Aca- demy. The remuneration which the author him- self received was magnificent ; especially in an age when it was not customary to give a large sum of money for the purchase of copyright. It is affirmed to have been no less than four thousand rive hun- dred pounds. It is not to be imagined, however, that the His- tory of Charles the Fifth could entirely escape the severity of criticism, which appears to be the com- mon lot of all literary productions. By the Abbe Mably it was attacked in rude and contemptuous language; which, without having the power to in- jure the work, was disgraceful to the person who descended to use it. Gilbert Stuart likewise as- sailed it; but with more skill than the French critic, and with a vigour which was animated by personal resentment. That his acuteness detected many inaccuracies, it would be absurd to dispute; but no one can doubt that he pushed his censure farther than was consonant with justice, when he characterized Dr. Robertson as an author " whose total abstinence from all ideas and inventions of his own permitted him to carry an undivided attention to other men's thoughts and speculations." \Val- OF DR. ROBERTSON. li pole, too, in later life, asserted that the reading; of Dr. Robertson was not extensive, that the Intro- duction to the History of Charles abounds with gross errors, and that in many instances he has mistaken exceptions for rules. The work, however, still maintains its station ; and, even admitting- all that truth or ingenious prejudice can urge against it, who is there who will now have the boldness to deny that it forms a splendid addition to our histo- rical treasures ? After having completed this arduous undertak- ing, Dr. Robertson allowed himself some respite from literary toil ; a respite which, in fact, was necessary for the preservation of his health. His mind was, however, too active to remain long un- occupied, and he hastened to resume the pen. As a sequel to the History of Charles, he had pro- mised to give to the public a narrative of the Spanish discoveries, conquests, and proceedings in America. This plan he soon resolved to en- large, so as to include in it the transactions of all the European colonizers of the American continent. To the origin and progress of the British empire in that quarter, it was originally his intention to de- vote an entire volume. Than the history of the New World it was impossible for him to have chosen a subject more fertile, more attractive, or better calculated for the display of his peculiar ta- lents. There was " ample room and verge enough" for eloquence to expatiate in. The rapidly succeed- ing events which he was to describe were scarcely less marvellous than those of an oriental fiction ; one of his heroes, the dauntless explorer of unknown oceans, will always excite the wonder, admiration, and pity of mankind ; others, though villains, were hi SKETCH OF THE LIFE at least villains of no common powers; and the characters, the customs, the manners, the scenery, every thing in short that was connected with the work, possessed throughout the charm of novelty, and, in many instances, that of the most picturesque and forcible contrast. To the first part of his subject, that which re- lates to the discovery of the New World, and the conquests and policy of the Spaniards, eight years of studious toil were devoted by Dr. Robertson. At length, in the spring of 1777, he put forth, in two quartos, the result of his labours. The public again received him with enthusiasm, and his lite- rary friends again pressed forward to congratulate and to praise him. Hume was no longer in exist- ence; but his place was supplied by Gibbon, who testified his entire approbation of the volumes, even before he had wholly perused them. " I have said enough," said he, " to convince me that the present publication will support, and, if possible, extend the fame of the author ; that the materials are collected with care, and arranged with skill; that the pro- gress of discovery is displayed with learning and perspicuity ; that the dangers, the achievements, and the views of the Spanish Adventurers, are re- lated with a temperate spirit ; aud that the most original, perhaps the most curious portion of human manners, is at length rescued from the hands of sophists and deciaimers." But, perhaps, of all the applause which was bestowed on Dr. Robertson, none was more gra- tify ing than that which was given by Burke ; a man eminent at once as a writer, an orator, and a statesman. In sentiment and in composition his letter is so excellent that, like Mr. Stewart, I am OF DR. ROBERTSON. lili unwilling to mutilate it. " I am perfectly sensi- ble," says he, " of the very flattering- distinction I have received in your thinking me worthy of so noble a present as that of your History of America, I have, however, suffered my gratitude to lie under some suspicion, by delaying my acknowledgment of so great a favour. But my delay was only to render my obligation to you more complete, and my thanks, if possible, more merited. The close of the session brought a great deal of very trouble- some though not important business on me at once. I could not go through your work at one breath at that time, though I have done it since. I am now enabled to thank you, not only for the honour you have done me, but for the great satisfaction, and the infinite variety and compass of instruction, I have received from your incomparable work. Every thing has been done which was so naturally to be expected from the author of the History of Scot- land, and of the Age of Charles the Fifth. I be- lieve few books have done more than this, towards clearing up dark points, correcting errors, and re- moving prejudices. You have too the rare secret of rekindling an interest on subjects that had so often been treated, and in which every thing which could feed a vital flame appeared to have been consumed. I am sure I read many parts of your History with that fresh concern and anxiety which attend those who are not previously apprized of the event. You have, besides, thrown quite a new light on the present state of the Spanish pro- vinces, and furnished both materials and hints for a rational theory of what may be expected from them in future. " The part which 1 read with the greatest plca- e 2 liv SKETCH OF THE LIFE sure is the discussion on the manners and charac- ter of the inhabitants of the New World. I have always thought with you, that we possess at this time very great advantages towards the knowledge of human nature. We need no longer go to His- tory to trace it in all its ages and periods. His- tory, from its comparative youth, is but a poor instructor. When the Egyptians called the Greeks children in antiquities, we may well call them chil- dren ; and so we may call all those nations which were able to trace the progress of society only within their own limits. But now the great map of mankind is unrolled at once, and there is no state or gradation of barbarism, and no mode of refine- ment, which we have not at the same moment un- der our view ; the very different civility of Europe and of China; the barbarism of Persia and of Abyssinia; the erratic manners of Tartary and of Arabia ; the savage state of North America and New Zealand. Indeed you have made a noble use of the advantages you have had. You have employed philosophy to judge on manners, and from manners you have drawn new resources for philosophy. I only think that in one or two points you have hardly done justice to the savage cha- racter. " There remains before you a great field. Peri- evlosce plenum opus alece tractas, et incedis per ignes suppositos cineri doloso. When even those ashes will be spread over the present fire, God knows. I am heartily sorry that we are now supplying you with that kind of dignity and concern, which is purchased to History at the expense of mankind. I had rather by far that Dr. Robertson's pen were only employed in delineating the humble scenes of OF DR. ROBERTSON. lv political economy than the great events of a civil war. However, if our statesmen had read the book of human nature instead of the Journals of the House of Commons, and History instead of Acts of Parliament, we should not by the latter have furnished out so ample a page for the former. For my part, I have not been, nor am I, very for- ward in my speculations on this subject. All that I have ventured to make have hitherto proved fal- lacious. I confess, I thought the colonies left to themselves could not have made any thing like the present resistance to the whole power of this coun- try and its allies. I did not think it could have been done without the declared interference of the House of Bourbon. But I looked on it as very probable that France and Spain would before this time have taken a decided part. In both these conjectures I have judged amiss. You will smile when I send you a trifling temporary production, made for the occasion of a day, and to perish with it, in return for your immortal work. But our ex- change resembles the politics of the times. You send out solid wealth, the accumulation of ages, and in return you get a few flying leaves of Ame- rican paper. However, you have the mercantile comfort of finding the balance of trade infinitely in your favour ; and I console myself with the snug consideration of uninformed natural acuteness, that I have my warehouse full of goods at another's expense. " Adieu, sir, continue to instruct the world; and whilst we carry on a poor unequal conflict with the passions and prejudices of our day, perhaps with no better weapons than other passions and preju- dices of our own, convey wisdom at our expense to uture ge ncrations." Wi SKETCH OF THE LIFE The honours which were paid to hini by foreign- ers were equally gratifying. The Royal Academy of History at Madrid unanimously elected him a member on the eighth of August, in 1777, " in testimony of their approbation of the industry and care with which he had applied to the study of Spanish History, and as a recompense for his merit in having contributed so much to illustrate and spread the knowledge of it in foreign countries." It likewise appointed one of its members to trans- late the History of America into the Spanish lan- guage, and considerable progress is believed to have been made in the translation. But the latter measure excited alarm in an absurd and decrepit government, which sought for safety in conceal- ment rather than in a bold and liberal policy, and, like the silly bird, imagined that by hiding its own head it could escape from the view of its pursuers. The translation was, therefore, officially ordered to be suppressed, with the vain hope of keeping the world still in the dark, with respect to the nature of the Spanish American commerce, and of the sys- tem of colonial administration. It was not from Spain alone that he received testimonies of respect. In 1781, the Academy of Sciences at Padua elected him one of its foreign members ; and, in 1783, the same compliment was paid to him by the Imperial Academy of Sciences at St. Petersburgh. The Empress Catherine also, who, numerous as were her faults, was a woman of a strong and enlightened intellect, also con- ferred on him a flattering distinction. She ordered his friend, Dr. Rogerson, to transmit to him, as a mark of her esteem, a gold snuffbox, richly set with diamonds ; observing at the same time, that a person whose labours had afforded her so much OF DR. ROBERTSON. Ivii satisfaction merited some attention from her. So much, indeed, was she delighted with the works of the Scottish author, that she did not hesitate to assign to him the place of first model in historical composition, to express much admiration of the sagacity and discernment which he displayed in painting the human mind and character, and to declare that the History of Charles the Fifth was the constant companion of her journeys, and that she was never tired of perusing it, particularly the introductory volume. As soon as enthusiasm had subsided, criticism began its labours in search of defects. It was objected to the author, that he had shown a dis- position to palliate or to veil the enormities of the Spaniards, in their American conquests, and that he had shed an illusive lustre round the daring and intelligent but sanguinary and unprincipled Cortes. Even Professor Stewart, notwithstanding his ho- nourable affection for the memory of his friend, shrinks from vindicating him on this score, and con- tents himself with opposing to the charge " those warm and enlightened sentiments of humanity which in general animate his writings." Unwil- ling to censure severely, and unable to exculpate, Bryan Edwards suggests, as an apology for Dr. Robertson, that this is one of the cases in which the mind, shrinking from the contemplation of alleged horrors, wishes to resist conviction, and to relieve itself by incredulity. Dr. Gleig, however, the latest biographer of the historian, indignantly rejects this apology as absurd; and, more enter- prising than his predecessors, partly labours to invalidate the accusation, by lessening the sum of Spanish cruelties, and partly to render it of no Iviii SKETCH OF THE LIFE weight, by pleading that the writer probably con- sidered the conquests of Mexico and Peru as means employed by Providence to accomplish the noblest and most beneficent purposes. That Dr. Robertson did really regard those conquests in such a light we may easily believe; since, in his Sermon, on the state of the world at the appear- ance of Christ, he manifests similar sentiments with respect to the measureless and unslumbering ambition of those universal robbers the Romans, whom he is pleased to style " the noblest people that ever entered on the stage of the world." But this defence is merely sophistical. Though we are not ignorant that a wise and benignant Providence educes good from evil, it is not the business of an historian to diminish the loathing which evil deeds ought to excite ; nor does it appear that mortality is likely to be much benefited, by teaching tyrants and murderers to imagine that, while they are giving the rein to their own furious and malignant passions, they are only performing their destined tasks as instruments of the Deity. This was by no means all that was urged against the History of America. It is, in fact, not now attempted to be denied that, in many instances, Dr. Robertson was led astray by his partiality to the brilliant but fallacious theories of De Pauw and Buffon. Clavigero, in his History of Mexico, detected and somewhat harshly animadverted on several errors, a part of which were subsequently rectified. Bryan Edwards, too, pointed out some contradictions, and some erroneous statements. But the most severe censor is Mr. Southey, a man eminently well informed on ancient Spanish and American events. " In his History of Brazil, OF DR. ROBERTSON. lix after having; described the mode of reckoning in use among the transatlantic tribes, he adds, " when Pauvv reasoned upon the ignorance of the Ameri- cans in numbers, did he suppress this remarkable fact, or was he ignorant of it ? The same question is applicable to Dr. Robertson, who, on this, and on many other subjects, in what he calls his His- tory of America, is guilty of such omissions, and consequent misrepresentations, as to make it cer- tain either that he had not read some of the most important documents to which he refers, or that he did not choose to notice the facts which he found there, because they were not in conformity to his own preconceived opinions. A remarkable exam- ple occurs respecting a circulating medium; when he mentions cocoanuts, which were used as money in Mexico, and says, ' this seems to be the utmost length which the Americans had advanced towards the discovery of any expedient for supplying the use of money.' Now, it is said by Cortes himself, that when he was about to make cannon, he had copper enough but wanted tin ; and having bought up all the plates and pots, which he could find among the soldiers, he began to inquire among the natives. He then found, that in the province of Tachco, little pieces of tin, like thin coin, were used for money, there and in other places. And this led him to a discovery of the mines from whence it was taken. The reputation of this author must rest upon his History of Scotland, if that can support it. His other works are grievously deficient." Such are the defects which are attributed to Dr. Robertson's History. On the other hand, it ought to be remembered, that many sources of lx SKETCH OF THE LIFE knowledge, which were then hidden, have since become accessible, that no man is at all times exempted from the dominion of prejudice, that the most cautious vigilance may sink into a momentary slumber, and that to him who has achieved much, a tribute of gratitude is due, even though it may be discovered that he has left something- undone. AVere the History of the Spanish Conquests proved to be merely a fiction, it would nevertheless, con- tinue to be read, such attraction is there in the general elegance of the language, the skilful deline- ation of the characters, and the sustained interest and spirit of the narrative. In the preface to this portion of his labours, he made known his intention to resume the subject at a future period ; and he assigned the ferment which then agitated our North American colonies as a reason for suspending, at present, the execution of that part of his plan which related to British America. At the very beginning, in truth, of the contest with the colonies, he congratulated himself on his not having completed his narrative. " It is lucky," said he, in a letter to Mr. Strahan, " that my American History was not finished before this event. How many plausible theories that I should have been entitled to form, are contradicted by what has now happened." A fragment of this His- tory, which, however, was carefully corrected by him, and which he preserved when he committed his manuscripts to the flames, was all that he sub- sequently wrote of the work ; and this was published by his son to prevent it from falling into the hands of an editor who might make alterations and addi- tions, and obtrude the whole on the public as the genuine composition of the author. OF DR. ROBERTSON. lxi With respect to a separation between the mother country and the colonists, Dr. Robertson seems to have somewhat varied in his sentiments, and to have contemplated the probability of such an event with much more dislike in 1775 than he did in 1706. In the latter year, speaking- of the repeal of the stamp act, he said," I rejoice, from my love of the human species, that a million of men in America have some chance of running the same great career which other free people have held before them. I do not apprehend revolution or independence sooner than these must or should come. A very little skill and attention in the art of governing may preserve the supremacy of Bri- tain as long as it ought to be preserved." But, in 1775, though he still acknowledged that the colo- nies must ultimately become independent, he was anxious that their liberation should be delayed till as distant a period as possible, and was clearly of opinion that they had as yet no right to throw off their allegiance. Nor was he sparing of his cen- sure on the ministers for the want of policy and firmness, which he considered them to have dis- played at the commencement of the quarrel. " I agree with you about the affairs of America," said he, in a letter, which was written in the autumn of 1775, " incapacity, or want of information, has led the people employed there to deceive the ministry. Trusting to them, they have been trifling for two years, when they should have been serious, until they have rendered a very simple piece of business extremely perplexed. They have permitted colo- nies, disjoined by nature and situation, to consoli- date into a regular systematical confederacy ; and when a few regiments stationed in each capital vol. i. f lxii SKETCH OF THE LIFE would have rendered it impossible for thern to take arras, they have suffered them quietly to levy and train forces, as if they had not seen against whom they were prepared. But now we are fairly com- mitted, and I do think it fortunate that the violence of the Americans has brought matters to a crisis too soon for themselves. From the beginning of the contest I have always asserted that indepen- dence was their object. The distinction between taxation and regulation is mere folly. There is not an argument against our right of taxation that does not conclude with tenfold force against our power of regulating their trade. They may pro- fess or disclaim what they please, and hold the language that best suits their purpose ; but, if they have any meaning, it must be that they should be free states, connected with us by blood, by habit, and by religion, but at liberty to buy and sell and trade where and with whom they please. This they will one day attain, but not just now, if there be any degree of political wisdom or vigour remain- ing. At the same time one cannot but regret that prosperous growing states should be checked in their career. As a lover of mankind, I bewail it; but as a subject of Great Britain, I must wish that their dependence on it should continue. If the wisdom of government can terminate the contest with honour instantly, that would be the most desirable issue. This, however, I take to be now impossible ; and I will venture to foretell, that if our leaders do not at once exert the power of the British empire in its full force, the struggle will be long, dubious, and disgraceful. We are past the hour of lenitives and half exertions. If the con- test be protracted, the smallest interruption of the OF DR. ROBERTSON. lxiii tranquillity that reigns in Europe, or even the ap- pearance of it, may be fatal." It must be owned, that language like this goes very far towards justifying the sarcasm of Horace Walpole, that the reverend historian was " a very moderate Whig." Perhaps, also, his belief that, at the outset, a few regiments in each capital would have sufficed to trample down the resistance of the Americans, may now appear difficult to be recon- ciled with a knowledge of military affairs, or of human nature. Yet we must, at the same time, remember that this erroneous idea was held by him in common with many other men of intellect, and that it was even brought forward in the British senate as an undeniable truth. Though the American war precluded Dr. Ro- bertson from bringing to a close his history of the British settlements, it is not easy to discover why he could not continue it to a certain point ; or why, at least, he could not proceed with that part of his narrative which related to the colonization of Bra- zil, and the violent struggles between the Dutch and the Portuguese in that country — an extensive subject, and worthy of his pen, as it would have afforded him abundant opportunities for the display of his delineative talents. Our curiosity on this head is not satisfied by the reason which, as we have recently seen, he himself gave, in his preface and in his letter to Mr. Strahan. That reason, however, he repeated in a correspondence with his friend Mr. Waddilove, and it is now in vain to seek for a better. It is certain that a wish to retire from literary toil was not his motive ; for, at the same moment that he postponed his History of America, he declared that it was " neither his in- IxiV SKETCH OF THE LIFE clination nor his interest to remain altogether idle." As a proof of his sincerity, he projected a History of Great Britain, from the revolution to the acces- sion of the House of Hanover, and even began to collect the necessary documents. Notwithstand- ing this seems to have been, for a while, a favourite scheme, it was speedily relinquished ; a circum- stance which may justly be regretted. Hume then suggested the History of the Protestants in France. " The events," said he. " are important in them- selves, and intimately connected with the great revolutions of Europe : some of the boldest or most amiable characters of modern times, the Admiral Coligny, Henry IV., &c. would be your peculiar heroes ; the materials are copious, and authentic, and accessible ; and the objects appear to stand at that just distance which excites curio- sity without inspiring passion." The hint given by Hume was, however, not adopted. About the year 1779 or 1780 Dr. Ro- bertson seems, indeed, to have seriously resolved to write no more for the public, but to pursue his studies at leisure, and for his own amusement. " His circumstances," says Professor Stewart, " were independent: he was approaching to the age of sixty, with a constitution considerably im- paired by a sedentary life ; and a long application to the compositions he had prepared for the press had interfered with much of the gratification he might have enjoyed, if he had been at liberty to follow the impulse of his own taste and curiosity. Such a sacrifice must be more or less made by all who devote themselves to letters, whether with a view to emolument or to fame ; nor would it per- haps be easy to make it, were it not for the pros- OF DR. ROBERTSON. IxV pect (seldom, alas ! realized) of earning by their exertions, that learned and honourable leisure which he was so fortunate as to attain." We must now contemplate Dr. Robertson in another point of view — that of his ecclesiastical and academical character; in which, no less than in his literary capacity, he occupied a prominent station. The eminence, however, which he had not attained without difficulty, he did not hold entirely without danger. Jn one instance he was near falling a victim to his spirit of liberality. In 1778, thfi British legislature relieved the English Roman Catholics from some of the severest of the barbarous penalties to which they had been sub- jected nearly a century before. Encouraged by this event, the Scottish Catholics determined to petition parliament to extend the benefit to them- selves. To this measure Dr. Robertson was friendly, and he successfully exerted his influence, and that of his partisans, to procure the rejection of a remonstrance against it, which was brought forward in the General Assembly. But on this occasion, as, unhappily, on too many others, bigotry and ignorance triumphed over sound policy and Christian charity. The trumpet of fanaticism was immediately sounded, and men of the most oppo- site principles and interests hurried to obey the call. Presbyterians, Seceders, and even Episco- palians, the latter of whom were themselves under the lash of penal statutes, all combined in the cru- sade against Papistry. Pamphlets and speeches were lavished, to prove that the constitution in church and state must inevitably perish, if an iota of relief were granted to the faithless members of an idolatrous and sanguinary church. The Roman f2 ixvi SKETCH OF THE LIFE Catholics were so terrified at the fury that was thus aroused, that the principal gentlemen among them informed the ministry that they would desist from appealing to Parliament; and they endea- voured to calm the popular tempest, by publishing in the daily papers an account of their proceedings. But the enlightened mob of Edinburgh had sagely resolved that the Catholics should not even dare to wish for the slightest participation in the privi- leges of British subjects, without being punished for their temerity. Accordingly, on the 2d of February, 1779, multitudes of the lowest classes, headed by disguised leaders, assembled in the Scottish capital, burnt the house of the Popish bishop and two chapels: and, in their even-handed justice, were on the point of committing to the flames an Episcopal chapel, when they were pro- pitiated, by being told that an Episcopal clergyman was the author of one of the ablest tracts which had been published against Popery. As, how- ever, they could not consent to remit their ven- geance, but only to change its object, they turned their wrath upon those who had expressed opi- nions favourable to the claims of the Catholics. Dr. Robertson was marked out as one of the most guilty, and nothing less than the destruction of his property and life was considered as sufficient to atone for his crime. Fortunately his friends had provided for his safety, and, when the self-ap- pointed champions of religion reached his house, it was found to be defended by a military force, which they had not enough of courage to look in the face. As they had come only to destroy and to murder, they, of course, retreated, when they discovered that, to accomplish their purpose, it OF DR. ROBERTSON. lxvii would also be necessary to fight. Dr. Robertson is said to have manifested great firmness and tran- quillity during this trying scene. In selecting Dr. Robertson as the person most worthy of suffering by their summary process of punishment without trial, the mob of Edinburgh acted with a more than mobbish share of injustice. Though desirous that the Catholics should be re- leased from their thraldom, he was not disposed to put any thing to the hazard for the furtherance of that object, and had already withdrawn his patron- age from such obnoxious clients. He was not one of those who, as Goldsmith says of Burke, are " too fond of the right to pursue the expedient." AVith him prudence was a governing principle. When, therefore, he saw that his countrymen were adverse to the measure, he advised the ministry to forbear from lending their countenance to it. In an eloquent speech, delivered in the General As- sembly, he afterwards explained and vindicated the view which he originally took of the subject, and the manner in which he finally acted. The perusal of that which he urged, on the latter point, will not merely show what were his motives in this instance, but also afford some insight into his ge- neral character. How far his system of policy is consonant with dignity or wisdom, which, indeed, are inseparable, I shall not stop to inquire. It might, perhaps, not improperly, be objected to him, that he mistakes the voice of a blind infuriated multitude for the voice of the people ; though it is impossible for any two things to be more different in their nature. It might be asked, too, why the fanatical prejudices of a Scottish mob were to be treated with more respect than the complaints of lxvih SKETCH OF THE LIFE the American colonists ; why the one were to be indulged or complied with, while the other were to be silenced by " a few regiments stationed in each capital?" " As soon," says he, " as I perceived the extent and violence of the flame which the discussion of this subject had kindled in Scotland, my ideas concerning the expedience at this junc- ture of the measure in question, began to alter. For although I did think, and I do still believe, that if the Protestants in this country had acquiesced in the repeal as quietly as our brethren in England and Ireland, a fatal blow would have been given to Popery in the British dominions ; I know, that in legislation, the sentiments and dispositions of the people, for whom laws are made, should be at- tended to with care. I remembered that one of the wisest men of antiquity declared, that he had framed for his fellow citizens not the best laws, but the best laws which they could bear. I recol- lected with reverence, that the Divine Legislator himself, accommodating his dispensations to the frailty of his subjects, had given the Israelites for a season statutes which were not good. Even the prejudices of the people are, in my opinion, re- spectable ; and an indulgent legislator ought not unnecessarily to run counter to them. It appeared manifestly to be sound policy, in the present tem- per of the people, to soothe rather than to irritate them; and, however ill founded their apprehen- sions might be, some concession was now requisite in order to remove them." This was, I believe, the last speech which he made in the General Assembly. While he was yet in the vigour of his faculties, and in the exer- cise of undiminished influence in that assembly, he OF DR. ROBERTSON. lxix came to a resolution to withdraw himself entirely from public business. It was in the year 1780, about the time when he ceased to be an historian, and when he was only fifty-nine, that he adopted this resolution. Several causes seem to have con- curred in producing his retirement. It has been supposed by some, that he did not wish to remain on the scene till he was eclipsed by younger rivals ; and it is known that he felt disgusted by the con- duct of the violent men of his own party, who, though he had yielded many points to them against his better judgment, were nevertheless dissatisfied that he refused to resort to stronger measures than he deemed to be either right or prudent, and who, in consequence, tormented him with letters of re- monstrance and reproach, which, as from their nature may easily be imagined, were written in a petulant and acrimonious style. In addition, there was one subject, which had long been a particular annoyance to him, and on which he had been more pertinaciously urged and fretted than on every other. This was a scheme for abolishing subscrip- tion to the Confession of Faith and Formula. Into this scheme, which he had avowed his determina- tion to resist, whatever shape it might assume, many of his friends had zealously entered, and his patience was severely tried by their " beseeching or besieging" him with respect to so important an object. By his cautious and persuasive policy, he had for a considerable period, prevented the con- troversy from being agitated in the assemblies ; but he was of opinion that it would ultimately compel attention, and would give rise to vehement dis- putes; and it was this circumstance, as he himself lxX SKETCH OF THE LIFE confessed, that " at least confirmed his resolution to retire." Having rendered triumphant a cause which, to say the least, had numerous enemies, it was hardly to be supposed that his character would not be aspersed by many of those who were mortified to witness his success. Accordingly, the charge of having deserted the genuine principles of the Scot- tish church was often urged against him by some of his antagonists. Others, who had more of the zealot in their composition, did not stop here. These went so far as to accuse him of being indif- ferent to Christianity itself; and, in proof of this, they alleged his habits of intimacy with Hume, and his correspondence with Gibbon. It is difficult to say whether this stupid calumny ought to excite anger or contempt. This, however, was the language of only malig- nant hearts, or little minds. By the great majo- rity, even of those who were in opposition to him, full justice was done to his virtues, his taleuts, and the purity of his motives. Among those who, believing patronage to be a nuisance, were the most strenuous in contending with him, was Dr. Ers- kiue, his college mate, and colleague in the minis- try. That venerable and learned person always preserved for him a warm esteem, and, after the historian was no more, paid to his memory an animated and affectionate tribute from the pulpit. " His speeches in church courts," says Dr. Ers- kine, " were admired by those whom they did not convince, and acquired and preserved him an in- fluence over a majority in them, which none before him enjoyed ; though his measures were sometimes OF DR. ROBERTSON. lxxi new, and warmly, and with great strength of argu- ment, opposed, both from the press and iu the General Assembly. To this influence many causes contributed : his firm adherence to the principles of church policy, which he early adopted; his sagacity in forming plans ; his steadiness in exe- cuting them ; his quick discernment of whatever might hinder or promote his designs ; his boldness in encountering difficulties; his presence of mind in improving every occasional advantage; the ad- dress with which, when he saw it necessary, he could make an honourable retreat; and his skill in stating a vote, and seizing the favourable moment for ending a debate and urging a decision. He guided and governed others, without seeming to assume any superiority over them ; and fixed and strengthened his power, by often, in matters of form and expediency, preferring the opinions of those with whom he acted, to his own. In former times, hardly any rose up to speak in the General Assembly, till called upon by the Moderator, un- less men advanced in years, of high rank, or of established characters. His example and influ- ence encouraged young men of abilities to take their share of public business ; and thus deprived Moderators of an engine for preventing causes being fairly and impartially discussed. The power of others, who formerly had in some measure guided ecclesiastical affairs, was derived from ministers of state, and expired with their fall. He remained unhurt amidst frequent changes of administration. Great men in office were always ready to counte- nance him, to cooperate with him, and to avail themselves of his aid. But he judged for himself, and scorned to be their slave, or to submit to re- lxxii SKETCH OF THE LIFE ceive their instructions. Hence, his influence, not confined to men of mercenary views, extended to many of a free and independent spirit, who sup- ported, because they approved, his measures; which others, from the same independent spirit, thought it their duty steadily to oppose. " Deliberate in forming his judgment, but, when formed, not easily moved to renounce it, he some- times viewed the altered plans of others with too suspicious an eye. Hence, there were able and worthy men, of whom he expressed himself less favourably, and whose later appearances in church judicatories, he censured as inconsistent with prin- ciples they had formerly professed : while they maintained, that the system of managing church affairs was changed, not their opinions or conduct. Still, however, keen and determined opposition to his schemes of ecclesiastical policy, neither extin- guished his esteem, nor forfeited his friendly offices, when he saw opposition carried on without rancour, and when he believed that it originated from con- science and principle, not from personal animosity, or envy, or ambition." Of his private character, Dr. Erskine adds, that " he enjoyed the bounties of Providence, without running into riot; was temperate without austerity; condescending and affable without meanness ; and in expense neither sordid nor prodigal. He could feel an injury, and yet bridle his passion; was grave, not sullen ; steady, not obstinate; friendly, not offi- cious ; prudent and cautious, not timid." Than the triumph which the principles of Dr. Robertson obtained in the General Assembly no- thing could be more complete ; and it was the more flattering, inasmuch as it was consummated after OF DR. ROBERTSON. lxxiii he had ceased to take a part in the debates. It had, from the year 1736, been the custom, annually, for the Assembly to instruct the Commission, " to make due application to the King; and Parliament for redress of the grievance of patronage, in case a favourable opportunity for doing so should occur." So cautious was the policy of Dr. Robertson, that, although he had entirely subverted the very ground- work on which this instruction was raised, he never chose to move that it should be expunged. He knew that it was popular with the great body of the people, and, therefore, he did not think it expedient to risk the chance of dissension in the Assembly, by an unnecessary and idle attack upon this shadow of a shade. In the year 1784, how- ever, it was omitted, without any struggle being made in its favour, and it has never since been renewed. Whether the system established by him has con- tributed to the harmony and welfare of the Scottish church is a question which yet remains undecided. It is urged, by the friends of the system, that it has given peace to the church; that the General Assembly is no longer occupied with angry appeals and tumultuous disputes; that instead of there being, as formerly, a necessity to call in a military force, to protect the Presbytery in the act of induc- tion, ministers are now peaceably settled; and that the worst that ever happens is the secession of the discontented part of the parishioners, and the con- sequent erection of a separate place of worship, which they frequent only till their zeal cools, and then desert, to rejoin the kirk. But, on the other hand, it is contended, that the peace is rather in appearance than in reality ; that, though the people VOL. I. o- lxxiv SKETCH OF THE LIFE have ceased to appeal to the Assembly, their silence arises from disgust and weariness, and not from satisfaction ; that, grown too wise to enter into a protracted and fruitless contest, they immediately set themselves to rear a seceding meeting house, which often carries off a large proportion of the parishioners ; and that, by this quiet but continual increase of seceding meetings, the influence of the established church has been gradually weakened and contracted, a spirit of disunion has been spread, and a heavy additional burthen has been imposed on property of every kind. But, whatever doubt may exist on this point, there seems to be none with respect to another. It is o-enerallv acknowledged that Dr. Robertson conduced greatly to give a more dignified character to the proceedings of the General Assembly, to introduce an impartial exercise of the judicial au- thority of the church, and to diffuse the principles of tolerance among men who had hitherto prided themselves on their utter contempt of them. In such respect are his decisions held, that they still form a sort of common law in the church ; and the time which elapsed between his being chosen Prin- cipal of the University and his withdrawing from public life, is distinguished by the name of Dr. Ro- bertson's administration. It is in his capacity of Principal that he is next to be considered. In this important office he dis- played his wonted activity and talent. He began the performance of his duties, as his predecessors had done, by delivering annually a Latin discourse before the University. Of these orations, the first, the object of which was to recommend the study of classical learning, was delivered on the third of or DR. ROBERTSON. IxW I Ybruary, 17o'3. It is said, among; numerous other splendid passages, to have contained a beautiful panegyric on the Stoical philosophy. In the fol- lowing- year, his discourse " consisted chiefly of moral and literary observations, adapted to the par- ticular circumstances of youth," and the style is ailinned to be " uncommonly elegant and impres- sive, and possessed of all the distinguishing cha- racteristics of his English compositions." In 1765 and 1766, he chose for his theme the comparative advantages of public and private education ; a sub- ject which he treated in a masterly manner. After 17b*6 these annual lectures ceased; his time being too fully occupied to allow of the continuance of them. But, though his lectures were of necessity dis- continued, he never remitted in his attention even to the minutest duties of his office. He appears, indeed, to have felt a filial anxiety to omit nothing which could assist in giving lustre to the University at which his own talents had been cultivated. With very slender funds, he made large additions to the public library ; he planned or reformed most of the literary and medical societies, which have raised Edinburgh to such eminence as a seminary of learn- ing, and a focus of literature; and he contrived to preserve an uninterrupted harmony among the nu- merous members of the body which he superin- tended. " The good sense, temper, and address," says Professor Stewart, " with which he presided for thirty years at our university meetings, were attended with effects no less essential to our pros- perity ; and are attested by a fact which is perhaps without a parallel in the annals of any other lite- rary community, that during the whole of that lxxvi SKETCH OF THE LIFE period there did not occur a single question which was not terminated by a unanimous decision." To his exertions Scotland is also chiefly indebted for its Royal Society, which received its charter of incorporation in March, 1763. The basis of this establishment was the Philosophical Society, the founder of which was the celebrated Maclaurin. In his zeal to give all possible lustre to the new in* stitution, by drawing together men of every species of merit, Dr. Robertson seems, for once, to have acted with less than his usual liberality. An Anti- quarian Society, at the head of which was the Earl of Buchan, had, two years before, been formed in the Scottish metropolis; and this body also was desirous to obtain the Royal charter. The appli- cation which it made to the crown was, however, eagerly opposed, in a " Memorial from the Prin- cipal and Professors of the University of Edin- burgh." This memorial is signed by Dr. Robert- son ; but it is so feeble in composition as well as in reasoning, that it is difficult to believe it to have flowed from his pen. The argument on which it wholly relies is, that " narrow countries" cannot supply materials for more than one society ; that Scotland is such a country ; and, therefore; that it " ought not to form its literary plans upon the model of the more extensive kingdoms in Europe, but in imitation of those which are more circum- scribed." To this hostile proceeding the Antiqua- ries responded, in a long memorial, which was penned with much acuteness, and was naturally expressive of some degree of resentment. They were successful in the contest, and their charter was granted. The labours of Dr. Robertson, as a writer, were OF DR. ROBERTSON. Ixxvii closed by a work which entered largely into anti- quarian investigation, as connected with history. In 1791 he published a quarto volume, containing his " Historical Disquisition concerning the Know- ledge which the Ancients had of India ; and the Progress of Trade with that Country prior to the Dis- covery of the Passage to it by the Cape of Good Hope." An appendix was dedicated to observa- tions on the civil policy, the laws and judicial pro- ceedings, the arts, the sciences, and the religious institutions of the Indians. This subject, which occupied him twelve months, was suggested to him by the perusal of Major llenneli's Memoirs for illustrating his History of Hindostan, and was ori- ginally taken up with no other object than his own amusement and instruction. That it would become as popular as his other productions was, from its nature, not to be expected, but it obtained an ho- nourable share of public approbation ; and, though it has since been partly superseded by more elabo- rate inquiries, which, however, were grounded on more ample materials, it will always retain a cer- tain degree of value and will be considered as a proof of his industry, of his habits of research, and of the solidity of his judgment. The latter years of Dr. Robertson's existence were passed in the well earned enjoyment of ho- nourable leisure. But, though he ceased to write, he did not cease to be studious. Till the end of his life he is said to have risen early, and to have given up no part of his time to company before the hour of dinner. What he was in the moments of social ease has been so excellently described by Profes- sor Stewart, that his own words ought to be used. " A rich stock of miscellaneous information, ac- lxxviii SKETCH OF THE LIFE quired from books and from an extensive inter- course with the world, together with a perfect ac- quaintance at all times with the topics of the day, and the soundest sagacity and good sense applied to the occurrences of common life, rendered him the most instructive and agreeable of companions. He seldom aimed at art; but, with his intimate friends, he often indulged a sportive and fanciful species of humour. He delighted in good natured, characteristical anecdotes of his acquaintance, and added powerfully to their effect by his own enjoy- ment in relating them. He was, in a remarkable degree, susceptible of the ludicrous ; but on no occasion did he forget the dignity of his character, or the decorum of his profession ; nor did he ever lose sight of that classical taste which adorned his compositions. His turn of expression was correct and pure ; sometimes, perhaps, inclining more than is expected, in the carelessness of a social hour, to formal and artificial periods ; but it was stamped with his own manner no less than his premeditated style : it was always the language of a superior and a cultivated mind, and it embellished every subject on which he spoke. In the company of strangers, he increased his exertions to amuse and to inform ; and the splendid variety of his conversation was commonly the chief circumstance on which they dwelt in enumerating his talents ; — and yet, I must acknowledge, for my own part, that much as I always admired his powers when they were thus called forth, I enjoyed his society less than when I saw him in the circle of his intimates, or in the bosom of his family." It is not one of the least amiable features of his character, that, though he was not forward to OF DR. ROBERTSON. lxxix volunteer his advice, yet, when he was consulted by his young- acquaintance, as was very often the case, " he entered into their concerns with the most lively interest, and seemed to have a pleasure and a pride in imparting- to them all the lights of his experience and wisdom." It was about the end of the year 1791 that the j health of Dr. Robertson began to manifest indica- I tions of decline. Strong symptoms of jaundice next appeared, his constitution was sapped, and a lingering and fatal illness ensued. His spirits, however, remained unbroken. Till within a few months of his death, he persisted in officiating as a minister. When his decaying strength no longer allowed him to perform his clerical duties, he re- tired to Grange House, in the neighbourhood of Edinburgh, that he might have the advantage of more quiet, a pure air, and the sight of those rural and picturesque objects in which he had ever de- lighted. " While he was able to walk abroad," says Mr. Stewart, " he commonly passed a part of the day in a small garden, enjoying the simple gratifications it afforded with all his wonted relish. Some who now hear me will long remember, — among the trivial yet interesting incidents which marked these last weeks of his memorable life — his daily visits to the fruit trees (which were then in blossom), and the smile with which he, more than once, contrasted the interest he took in their progress, with the event which was to happen be- fore their maturity." It was while he was thus lingering on the verge of the grave, that he was visited by two gentlemen from New York, who were extremely anxious for an interview with him. He rallied all his powers to entertain his guests, and to inspire in their minds a feeling of kindness 1XXX LIFE OF DR. ROBERTSON. towards the parent land of the late colonists; and, on their rising to take leave, he said to them, in accents at once dignified and pathetic, " When you go home, tell your countrymen that yon saw the wreck of Dr. Robertson." In less than two months that wreck disappeared in the ocean of eter- nity. He expired; with the fortitude which became him, on the lith of July, 1793, in the seventy-iirst year of his age, and the fiftieth of his ministry. So much has been written by others, respecting the literary merit of Dr. Robertson, that on this point it is unnecessary, even would my confined limits permit me, to enter into a lengthened dis- cussion. His style has less of careless easy grace, but has more of equable dignity, than that of Hume ; it does not display the masterly modulation, but it has none of the occasional obscurity and meretrici- ous ornament, of that of Gibbon ; it is well balanced, unstained by vulgarisms, more idiomatically Eng- lish than might be expected from a native of Scot- land, and is defective, perhaps, only in being too uniformly of an elevated tone. In arranging and linking together into one harmonious whole the scat- tered parts of his subject, he is eminently happy ; and in delineating characters, manners, and scenery, in making vividly present to the mind that which he describes, he has few rivals, and no superiors. If all that has been urged against his works be ad- mitted, and some of it cannot be denied, it may nevertheless safely be affirmed, that the balance heavily preponderates in his favour, and that he will always continue to rank in the first class of modern historians. THE HISTORY OF SCOTLAND BOOK L CONTAINING A REVIEW OF THE SCOTTISH HIS* TORY PREVIOUS TO THE DEATH OF JAMES V. The first ages of the Scottish History are dark and fabulous. Nations, as well as men, arrive at maturity by degrees, and the events which hap- pened during their infancy or early youth, cannot be recollected, and deserve not to be remembered. The gross ignorance which anciently covered alt the north of Europe, the continual migrations of its inhabitants, and the frequent and destructive revo- lutions which these occasioned, render it impossible to give any authentic account of the origin of the different kingdoms now established there. Every thing beyond that short period to which well at- tested annals reach is obscure ; an immense space is left for invention to occupy; each nation, with a vanity inseparable from human nature, hath filled that void with events calculated to display its own antiquity and lustre. History, which ought to re- cord truth and to teach wisdom, often sets out with retailing fictions and absurdities. VOL. i. n •2 THE HISTORY B. I. The Scots carry their pretensions to antiquity as hig'h as any of their neighbours. Relying upon uncertain legends, and the traditions of their bards, still more uncertain, they reckon up a series of Kings several ages before the birth of Christ ; and give a particular detail of the occurrences which happened in their reigns. But with regard to the Scots, as well as the other northern nations, we receive the earliest accounts on which we can de- pend, not from their own, but from the Roman authors. [81]. 'When the Romans, under Agri- cola, first carried their arms into the northern parts of Britain, they found it possessed by the Caledo- nians, a fierce and warlike people ; and having repulsed rather than conquered them, they erected a strong wall between the Firths of Forth and Clyde, and there fixed the boundaries of their em- pire. [121]. Adrian, on account of the difficulty of defending such a distant frontier, contracted the limits of the Roman province in Britain, by building a second wall, which ran between Newcastle and Carlisle. The ambition of succeeding Emperors endeavoured to recover what Adrian had aban- doned ; and the country between the two walls was alternately under the dominion of the Romans and that of the Caledonians. About the beginning of the fifth century, the inroads of the Goths and other barbarians obliged the Romans, in order to defend the centre of their empire, to recall those legions which guarded the frontier provinces ; and at that time they quitted all their conquests in Britain. 421]. Their long residence in the island had polished, in some degree, the rude inhabitants, and the Britons were indebted to their intercourse with OF SCOTLAND. 3 the Romans, for the art of writing and the use of numbers, without which it is impossible long to preserve the memory of past events. North Britain was, by their retreat, left under the dominion of the Scots and Picts. The former, who are not mentioned by any Roman author be- fore the end of the fourth century, were probably a colony of the Celtae or Gauls ; their affinity to whom appears from their language, their manners, and religious rites ; circumstances more decisive with regard to the origin of nations than either fabulous traditions or the tales of ill informed and credulous annalists. The Scots, if we may believe the common accounts, settled at first in Ireland ; and extending themselves by degrees, landed at last on the coast opposite to that island, and fixed their habitations there. Fierce and bloody wars were, during several ages, carried on between them and the Picts. [838.] At length, Kenneth IT., the sixty-ninth King of the Scots (according to their own fabulous authors), obtained a complete victory over the Picts, and united under one mo- narchy all the country from the wall of Adrian to the Northern Ocean. The kingdom henceforward became known by its present name, which is de- rived from a people who at first settled there as strangers, and remained long obscure and incon- siderable. From this period the History of Scotland would merit some attention, were it accompanied with any certainty. 13ut as our remote antiquities are involved in the same darkness with those of other nations, a calamity peculiar to ourselves has thrown almost an equal obscurity over our more recent transactions. This was occasioned by the malicious 4 THE HISTORY B. I. policy of Edward I. of England. Towards the end of the thirteenth century, this monarch called in question the independence of Scotland ; pretending that the kingdom was held as a fief of the crown of England, and subjected to all the conditions of a feudal tenure. In order to establish his claim, he seized the public archives, he ransacked churches and monasteries, and getting possession, by force or fraud, of many historical monuments, which tended to prove the antiquity or freedom of the kingdom, he carried some of them into England, and commanded the rest to be burned l , A univer- sal oblivion of past transactions might have been the effect of this fatal event, but some imperfect chronicles had escaped the rage of Edward ; fo- reign writers had recorded some important facts relating to Scotland ; and the traditions concerning recent occurrences were fresh and worthy of credit. These broken fragments John de Fordun, who lived in the fourteenth century, collected with a pious industry, and from them gleaned materials which he formed into a regular history. His work was received by his countrymen with applause : and, as no recourse could be had to more ancient re- cords, it supplied the place of the authentic annals of the kingdom. It was copied in many monas- teries, and the thread of the narrative was conti- nued, by different monks, through the subsequent reigns. In the beginning of the sixteenth century, John Major, and Hector Boethius published their Histories of Scotland, the former a succinct and dry writer, the latter a copious and florid one, and both equally credulous. Not many years after, Buchanan undertook the same work ; and if his loocs, Essay 552. OF SCOTLAND. 5 accuracy and impartiality had been, in any degree, equal to the elegance of his taste, and to the purity and vigour of his style, his History might be placed on a level with the most admired com- positions of the ancients. But, instead of rejecting the improbable tales of chronicle writers, he was at the utmost pains to adorn them; and hath clothed, with all the beauties and graces of fiction, those legends, which formerly had only its wildness and extravagance. The History of Scotland may properly be di- vided into four periods. The first reaches from the origin of the monarchy to the reign of Kenneth II. The second, from Kenneth's conquest of the Picts to the death of Alexander III. The third extends to the death of James V. The last, from thence to the accession of James VI. to the crown of England. The first period is the region of pure fable and conjecture, and ought to be totally neglected, or abandoned to the industry and credulity of anti- quaries. Truth begins to dawn in the second period, with a light, feeble at first, but gradually increasing, and the events which then happened may be slightly touched, but merit no particular or laborious inquiry. In the third period, the History of Scotland, chiefly by means of records preserved in England, becomes more authentic : not only are events related, but their causes and effects explained ; the characters of the actors are dis- played ; the manners of the age described ; the re- volutions in the constitution pointed out: and here every Scotsman should begin not to read only, but to study the history of his country. During the fourth period, the affairs of Scotland were so min- B 2 (j THE HISTORY B. I. gled with those of other nations, its situation in the political state of Europe was so important, its in- fluence on the operations of the neighbouring king- doms was so visible, that its history becomes an object of attention to foreigners ; and without some knowledge of the various and extraordinary revolu- tions which happened there, they cannot form a just notion with respect either to the most illustri- ous events, or to the characters of the most distin- guished personages in the sixteenth century. The following history is confined to the last of these periods : to give a view of the political state of the kingdom during that which immediately pre- ceded it is the design of this preliminary Book. The imperfect knowledge which strangers have of the affairs of Scotland, and the prejudices Scots- men themselves have imbibed, with regard to the various revolutions in the government of their coun- try, render such an introduction equally necessary to both. The period from the death of Alexander III. to the death of James V. contains upwards of two centuries and a half, from the year one thousand two hundred and eighty-six, to the year one thour sand live hundred and forty-two. It opens with the famous controversy concerning the independence of Scotland. Before the union of the two kingdoms, this was a question of much importance. If the one crown had been consi- dered, not as imperial and independent, but as feudatory to the other, a treaty of union could not have been concluded on equal terms, and every advantage which the dependent kingdom procured must have been deemed the concession of a sove- reign to his vassal. Accordingly, about the be* OF SCOTLAND. 7 ginning of the present century, and while a treaty of union between the two kingdoms was nego- tiating, this controversy was agitated with all the heat which national animosities naturally inspire. What was then the subject of serious concern, the union of the two kingdoms has rendered a matter of mere curiosity. But though the objects which at that time warmed and interested both nations exist no longer, a question which appeared so mo- mentous to our ancestors cannot be altogether in- different or uninstructive to us. Some of the northern counties of England were early in the hands of the Scottish Kings, who, as far back as the feudal customs can be traced, held these possessions of the Kings of England, and did homage to them on that account. This homage, due only for the territories which they held in England, was in nowise derogatory from their royal dignity. Nothing is more suitable to feudal ideas than that the same person should be both a lord and a vassal, independent in one capacity, and de- pendent in another 2 . The crown of England was, without doubt, imperial and independent, though the Princes who wore it were, for many ages, the vassals of the Kings of France ; and, in conse- 2 A very singular proof of this occurs in the Frencii history, Arpin sold the vicomtt: of the city of Bourges to Philip I. who did homage to the Count of Sancerre for a part of these lands, which held of that nobleman, A. D. 1100. I believe that no ex- ample of a King's doing homage to one of his own subjects is to be met with in the histories either of England or Scotland. Philip le Bel abolished this practice in France, A. D. 1302. Henault Ahrtgi C/irunol. Somewhat similar to this, is a charter of the Abbot of Melross, A. I). 1535, constituting James V. the Bailiff or Steward of that Abbey, vesting in him all the powers which pertained to that ollice, and recpuiring him to be answerable to the Abbot for his exercise of the same. Archiv. pub I. Edin % 8 THE HISTORY B. I. quence of their possessions in that kingdom, bound to perform all the services which a feudal sovereign has a title to exact. The same was the condition of the Monarchs of Scotland; free and independent as Kings of their own country, but, as possessing English territories, vassals to the Kings of England. The English Monarchs, satisfied with their legal and uncontroverted rights, were, during a Jong period, neither capable nor had any thoughts of usurping more. England when conquered by the Saxons, being divided by them into many small kingdoms, was in no condition to extend its domi- nion over Scotland, united at that time under one monarch. And though these petty principalities were gradually formed into one kingdom, the reign- ing Princes, exposed to continual invasions of the Danes, and often subjected to the yoke of those formidable pirates, seldom turned their arms to- wards Scotland, and were little able to establish new rights in that country. The first Kings of the Norman race, busied with introducing their own laws and manners into the kingdom which they had conquered, or with maintaining themselves on the throne which some of them possessed by a very dubious title, were as little solicitous to ac- quire new authority, or to form new pretensions in Scotland. An unexpected calamity that befell one of the Scottish Kings first encouraged the English to think of bringing his kingdom under dependence. William, surnamed the Lion, being taken prisoner at Alnwick, Henry II. as the price of his liberty, not only extorted from him an exorbitant ransom, and a promise to surrender the places of greatest strength in his dominions, but compelled him to do homage for his whole kingdom. Richard I., a OF SCOTLAND. generous Prince, solemnly renounced this claim of homage ; and absolved William from the hard con- ditions which Henry had imposed. Upon the death of Alexander III., near a century after, Edward I., availing himself of the situation of affairs in Scotland, acquired an influence in that kingdom which no English Monarch before him ever possessed, and imitating the interested policy of Henry, rather than the magnanimity of Richard, revived the claim of sovereignty to which the former had pretended. Margaret of Norway, grandaughter of Alexander, and heir to his crown, did not long survive him. The right of succession belonged to the descend- ants of David Earl of Huntingdon, third son of King David I. Among these, Robert Bruce, and John Baliol, two illustrious competitors for the crown, appeared. Bruce was the son of Isabel, Earl David's second daughter; Baliol, the grand- son of Margaret the eldest daughter. According to the rules of succession which are now esta- blished, the right of Baliol was preferable; and notwithstanding Bruce's plea of being nearer in blood to Earl David, Baliol's claim, as the repre- sentative of his mother and grandmother, would be deemed incontestable. But in that age the order of succession was not ascertained with the same precision. The question appeared to be no less intricate than it was important. Though the pre- judices of the people, and perhaps the laws of the kingdom favoured Bruce, each of the rivals was supported by a powerful faction. Arms alone, it was feared, must terminate a dispute too weighty for the laws to decide. But, in order to avoid tho miseries of a civil war, Edward was chosen umpire. 10 THE HISTORY B. I. and both parties agreed to acquiesce in his decree. This had well nigh proved fatal to the indepen- dence of Scotland ; and the nation, by its eager- ness to guard against a civil war, was not only exposed to that calamity, but almost subjected to a foreign yoke. Edward was artful, brave, enter- prising, and commanded a powerful and martial people, at peace with the whole world. The anar- chy which prevailed in Scotland, and the ambition of competitors ready to sacrifice their country in order to obtain even a dependent crown, invited him first to seize and then to subject the kingdom. The authority of an umpire, which had been unwa- rily bestowed upon him, and from which the Scots dreaded no dangerous consequences, enabled him to execute his schemes with the greater facility. Under pretence of examining the question with the utmost solemnity, he summoned all the Scottish Barons to Norham ; and, having gained some and intimidated others, he prevailed on all who were present, not excepting Bruce and Baliol, the com- petitors, to acknowledge Scotland to be a fief of the English Crown, and to swear fealty to him as their Sovereign or Liege Lord. This step led to another still more important. As it was vain to pronounce a sentence which he had not power to execute, Edward demanded possession of the king- dom, that he might be able to deliver it to him whose right should be found preferable ; and such was the pusillanimity of the nobles, and the impa- tient ambition of the competitors, that both assented to this strange demand, and Gilbert de Umfraville, Earl of Angus, was the only man who refused to surrender the castles in his custody to the enemy of his country. Edward, rinding Baliol the most OF SCOTLAND. 11 obsequious and the least formidable of the two competitors, soon after gave judgment in his fa- vour. Baliol once more professed himself the vassal of England, and submitted to every condi- tion which the Sovereign whom he had now ac- knowledged was pleased to prescribe. Edward, having thus placed a creature of his own upon the throne of Scotland, and compelled the nobles to renounce the ancient liberties and in- dependence of their country, had reason to con- clude that his dominion was now fully established. But he began too soon to assume the master: his new vassals, fierce and independent, bore with im- patience a yoke to which they were not accusr tomed. Provoked by his haughtiness, even the passive spirit of Baliol began to mutiny. But Ed- ward, who had no longer use for such a pageant King, forced him to resign the crown, and openly attempted to seize it as fallen to himself by the rebellion of his vassal. At that critical period arose Sir William Wallace, a hero, to whom the fond admiration of his countrymen hath ascribed many fabulous acts of prowess, though his real valour, as well as integrity and wisdom, are such as need not the heightenings of fiction. He, almost single, ventured to take arms in defence of the kingdom, and his boldness revived the spirit of his countrymen. At last, Kobert Bruce, the grandson of him who stood in competition with Baliol, ap- peared to assert his own rights, and to vindicate the honour of his country. The nobles, ashamed of their former baseness, and enraged at the many indignities offered to the nation, crowded to his standard. In order to crush him at once, the English Monarch entered Scotland at the head of 12 THE HISTORY B. t* a mighty army. Many battles were fought, and the Scots, though often vanquished, were not sub- dued. The ardent zeal with which the nobles con- tended for the independence of the kingdom, the prudent valour of Bruce, and above all, a national enthusiasm inspired by such a cause, baffled the repeated efforts of Edward, and counterbalanced all the advantages which he derived from the num- ber and wealth of his subjects. Though the war continued with little intermission upwards of se- venty years, Bruce and his posterity kept possession of the throne of Scotland, and reigned with an au- thority not inferior to that of its former monarchs. But while the sword, the ultimate judge of all disputes between contending nations, was em- ployed to terminate this controversy, neither Ed- ward nor the Scots seemed to distrust the justice of their cause ; and both appealed to history and records, and from these produced, in their own favour, such evidence as they pretended to be un^- answerable. The letters and memorials addressed by each party to the Pope, who was then reve- renced as the common father, and often appealed to as the common judge of all Christian Princes, are still extant. The fabulous tales of the early British history, the partial testimony of ignorant chroniclers, supposititious treaties and charters, are the proofs on which Edward founded his title to the sovereignty of Scotland ; and the homage done by the Scottish Monarchs for their lands in England is preposterously supposed to imply the subjection of their whole kingdom . Ill founded, however, as their right was, the English did not 3 Anderson's Historical Essay concerning the Indepen dencv. .Sc OF SCOTLAND. 13 fail to revive it, in all the subsequent quarrels be- tween the two kingdoms ; while the Scots dis- claimed it with the utmost indignation. To this we must impute the fierce and implacable hatred to each other, which long inflamed both. Their national antipathies were excited, not only by the usual circumstances of frequent hostilities, and re- ciprocal injuries; but the English considered the Scots as vassals who had presumed to rebel ; and the Scots, in their turn, regarded the English as usurpers who aimed at enslaving their country. 1306.] At the time when Robert Bruce began his reign in Scotland, the same form of government was established in all the kingdoms of Europe. This surprising similarity in their constitution and laws demonstrates that the nations which over- turned the Roman empire, and erected these king- doms, though divided into different tribes and dis- tinguished by different names, were either derived originally from the same source, or had been placed in similar situations. When we take a view of the feudal system of laws and policy, that stupen- dous and singular fabric erected by them, the first object that strikes us is the King. And when we are told that he is the sole proprietor of all the lands within his dominions, that all his subjects derive their possessions from him, and in return consecrate their lives to his service; when we hear that all marks of distinction and titles of dignity flow from him as the only fountain of honour ; when we behold the most potent peers, on their bended knees, and with folded hands, swearing fealty at his feet, and acknowledging him to be their Sove- reign and their Liege Lord; we are apt to pro- nounce him a powerful, nay, an absolute monarch, VOL. I. C 14 THE HISTORY B. I. No conclusion, however, would be more rash, or worse founded. The genius of the feudal govern- ment was purely aristocratical. With all the en- signs of royalty, and with many appearances of despotic power, a feudal King was the most li- mited of all Princes. Before they sallied out of their own habitations to conquer the world, many of the northern nations seemed not to have been subject to the government of Kings 4 ; and even where monarchical govern- ment was established, the Prince possessed but little authority. A General, rather than a King, his military command was extensive, his civil juris- diction almost nothing 5 . The army which he led was not composed of soldiers, who could be com- pelled to serve, but of such as voluntarily followed his standard 6 . These conquered not for their leader, but for themselves; and, being free in their own country, renounced not their liberty when they acquired new settlements. They did not exter- minate the ancient inhabitants of the countries which they subdued ; but, seizing the greater part of their lands, they took their persons under pro- tection. The difficulty of maintaining a new con- quest, as well as the danger of being attacked by new invaders, rendering it necessary to be always in a posture of defence, the form of government which they established was altogether military, and nearly resembled that to which they had been ac- customed in their native country. Their General still continuing to be the head of the colony, part of the conquered lands were allotted to him ; the remainder, under the name of bencficia or fiefs, 4 Cks. lib. \\. c. 23. s Tacit, de Mor. Germ. c. 7. 11. e Cas. lib. vi. c. 23. OF SCOTLAND. 15 was divided among his principal officers. As the common safety required that these officers should, upon all occasions, be ready to appear in arms, for the common defence, and should continue obedient to their General, they bound themselves to take the field, when called, and to serve him with a number of men, in proportion to the extent of their terri- tory. These great officers again parceled out their lands among their followers, and annexed the same condition to the grant. A feudal kingdom was properly the encampment of a great army ; military ideas predominated, military subordination was es- tablished, and the possession of land was the pay which soldiers received for their personal service. In consequence of these notions, the possession of land was granted during pleasure only, and Kings were elective. In other words, an officer disagree- able to his General was deprived of his pay, and the person who was most capable of conducting an army was chosen to command it. Such were the first rudiments or infancy of feudal government. But long before the beginning of the fourteenth century, the feudal system had undergone many changes, of which the following were the most con- siderable. Kings, formerly elective, were then he- reditary ; and fiefs, granted at first during pleasure, descended from father to son, and were become perpetual. These changes, not less advantageous to the nobles than to the prince, made no alteration in the aristocratical spirit of the feudal constitu- tion. The King, who at a distance seemed to be invested with majesty and power, appears on a nearer view to possess almost none of those advan- tages which bestow on monarchs their grandeur and authority. His revenues were scanty; he had not 16 THE HISTORY B. I. a standing army; and the jurisdiction he possessed was circumscribed within very narrow limits. At a time when pomp and splendour were little known, even in the palaces of Kings ; when the officers of the crown received scarcely any salary besides the fees and perquisites of their office ; when embassies to foreign courts were rare; when armies were composed of soldiers who served with- out pay ; it was not necessary that a King should possess a great revenue ; nor did the condition of Europe, in those ages, allow its Princes to be opulent. Commerce made little progress in the kingdoms where the feudal government was esta- blished. Institutions which had no other object but to inspire a martial spirit, to train men to be soldiers, and to make arms the only honourable profession, naturally discouraged the commercial arts. The revenues, arising from the taxes imposed on the different branches of commerce, were by consequence inconsiderable ; and the Prince's trea- sury received little supply from a source, which, among a trading people, flows with such abun- dance as is almost inexhaustible. A fixed tax was not levied even on land : such a burden would have appeared intolerable to men who received their estates as the reward of their valour, and who considered their service in the field as a full retribution for what they possessed. The King's demesnes, or the portion of land which he still re- tained in his own hands unalienated, furnished sub- sistence to his court, and defrayed the ordinary expense of government'. The only stated taxes which the feudal law obliged vassals to pay to the 7 Craig, de Feud. lib. i. Dieg. 14. Du Cange Gloss, vqc, Poinimcuiii. OF SCOTLAND. 17 King, or to those of whom they held their lands, were three : one when his eldest son was made a knight ; another, when his eldest daughter was married ; and a third, in order to ransom him if he should happen to be taken prisoner. Besides these, the King received the feudal casualties of the ward, marriage, &c. of his own vassals. And, on some extraordinary occasions, his subjects granted him an aid, which they distinguished by the name of a benevolence, in order to declare that he received it not in consequence of any right, but as a gift flowing from their good will 8 . All these added together produced a revenue so scanty and precarious as naturally incited a feudal monarch to aim at diminishing the exorbitant power and wealth of the nobility, which, instead of enabling him to carry on his schemes with full effect, kept him in continual indigence, anxiety, and dependence. Nor could the King supply the defect of his revenues by the terror of his arms. Mercenary troops and standing armies were unknown as long as the feudal government subsisted in vigour. Eu- rope was peopled with soldiers. The vassals of the King, and the sub-vassals of the barons, were all obliged to carry arms. While the poverty of IVinces prevented them from fortifying their fron- tier towns, while a campaign continued but a few weeks, and while a fierce and impetuous courage was impatient to bring every quarrel to the deci- sion of a battle, an army without pay, and with little discipline, was sufficient for all the purposes both of the security and of the glory of the nation. Such an army, however, far from being an engine at the King's disposal, was often no less formi- 8 Du Cange, voc. Auxiliura. c 2 18 THE HISTORY B. I. dable to him than to his enemies. The more war- like any people were, the more independent they became ; and the same persons being both soldiers and subjects, civil privileges and immunities were the consequence of their victories, and the reward of their martial exploits. Conquerors, whom mer- cenary armies, under our present forms of govern- ment, often render the tyrants of their own people, as well as the scourges of mankind, were com- monly under the feudal constitution the most indul- gent of all Princes to their subjects, because they stood most in need of their assistance. A Prince, whom even war and victories did not render the master of his own army, possessed hardly any shadow of military power during times of peace. His disbanded soldiers mingled with his other sub- jects; not a single man received pay from him; many ages elapsed even before a guard was ap- pointed to defend his person ; and destitute of that great instrument of dominion, a standing army, the authority of the King continued always feeble, and was often contemptible. Nor were these the only circumstances which contributed towards depressing the regal power. By the feudal system, as has been already observed, the King's judicial authority was extremely circum- scribed. At first, Princes seem to have been the supreme judges of their people, and, in person, heard and determined all controversies anions; them. The multiplicity of causes soon made it necessary to appoint judges, who, in the King's name, decided matters that belonged to the royal jurisdiction. But the barbarians, who overran Europe, having destroyed most of the great cities, and the countries which they seized being can- OF SCOTLAND. 19 toned out among powerful chiefs, who were blindly- followed by numerous dependents, whom, in re- turn, they were bound to protect from every injury ; the administration of justice was greatly inter- rupted, and the execution of any legal sentence became almost impracticable. Theft, rapine, mur- der, and disorder of all kinds prevailed in every kingdom of Europe, to a degree almost incredible, and scarcely compatible with the subsistence of civil society. Every offender sheltered himself under the protection of some powerful chieftain, who screened him from the pursuits of justice. To apprehend and to punish a criminal often re- quired the union and effort of half a kingdom 9 . In order to remedy these evils, many persons of dis- tinction were intrusted with the administration of 9 A remarkable instance of this occurs in the following history, so late as the year one thousand five hundred and sixty-one, Mary, having appointed a court of justice to be held on the bor- ders, the inhabitants of no less than eleven counties were sum- moned to guard the person who was to act as judge, aud to enable him to enforce his decisions. The words of a proclamation, which afford such convincing proof of the feebleness of the feudal government, deserve our notice — " And because it is necessary for the execution of Her Highness' commandments and service, that her justice be well accompanied, and her authority sufficiently fortified, by the concurrence of a good power of her faithful sub- jects — Therefore commands and charges all and sundry Earls, Lords, Barons, Freeholders, Landed men, and other Gentlemen, dwelling within the said counties, that they and every one of them, with their kin, friends, servants, and household men, well bodin in feir of war in the most substantial manner, [i. e. com- pletely armed and provided], and with twenty days' victuals, to meet and to pass forward with him to the borough of Jedburgh, and there to remain during the said space of twenty days, and to receive such direction and commands as shall be given by him to them in our Sovereign Lady's name, for quietness of the country: and to put the same in execution under the pain of losing their life, lands, and goods." Keith's Hist, of Scot- land, 1US. 20 THE HISTORY B. I. justice within their own territories. But what we may presume was, at first, only a temporary grant, or a personal privilege, the encroaching spirit of the nobles gradually converted into a right, and rendered hereditary. The lands of some were, in process of time, erected into Baronies, those of others into Regalities. The jurisdiction of the former was extensive; that of the latter, as the name implies, royal and almost unbounded. All causes, whether civil or criminal, were tried by judges, whom the lord of the regality appointed; and if the King's courts called any person within his territory before them, the lord of regality might put a stop to their proceedings, and, by the privi- lege of ?epledging , remove the cause to his own court, and even punish his vassal if he submitted to a foreign jurisdiction 10 . Thus almost every question, in which any person who resided on the lands of the nobles was interested, being deter- mined by judges appointed by the nobles them- selves, their vassals were hardly sensible of being in any degree subject to the crown. A feudal kingdom was split into many small principalities, almost independent, and held together by a feeble and commonly an imperceptible bond of uuion. The King was not only stripped of the authority annexed to the person of a supreme judge, but his revenue suffered no small diminution bv the loss of those pecuniary emoluments which were in that age due to the person who administered justice. In the same proportion that the King sunk id power, the nobles rose towards independence. Not satisfied with having obtained an hereditary right to their fiefs, which they formerly held during lu Craig, lib. iii. Dieg. 7. OF SCOTLAND. 21 pleasure, their ambition aimed at something bolder, and, by introducing entails, endeavoured, as far as human ingenuity and invention can reach that end, to render their possessions unalienable and ever- lasting. As they had full power to add to the in- heritance transmitted to them from their ancestors, but none to diminish it, time alone, by means of marriages, legacies, and other accidents, brought continual accessions of wealth and of dignity; a great family, like a river, became considerable from the length of its course, and, as it rolled on, new honours and new property flowed successively into it. Whatever influence is derived from titles of honour, the feudal barons likewise possessed in an ample manner. These marks of distinction are, in their own nature, either official or personal, and being annexed to a particular charge, or bestowed by the admiration of mankind upon illustrious cha- racters, ought to be appropriated to these. But the son, however unworthy, could not bear to be stripped of that appellation by which his father had been distinguished. His presumption claimed what his virtue did not merit; titles of honour became hereditary, and added new lustre to nobles already in possession of too much power. Something more audacious and more extravagant still remained. The supreme direction of all affairs, both civil and military, being committed to the great officers of the crown, the fame and safety of princes, as well as of their people, depended upon the fidelity and abilities of these officers. But such was the pre- posterous ambition of the nobles, and so success- ful even in their wildest attempts to aggrandize themselves, that in all the kingdoms where the feudal institutions prevailed, most of the chief 22 THE HISTORY B. I. " officers of state were annexed to great families, and held, like fiefs, by hereditary right. A per- son whose undutiful behaviour rendered him odious to his Prince, or whose incapacity exposed him to the contempt of the people, often held a place of power and trust of the greatest importance to both. In Scotland, the offices of Lord Justice General, Great Chamberlain, High Steward, High Consta- ble, Earl Marshal, and High Admiral, were all hereditary ; and in many counties, the office of Sheriff was held in the same manner. Nobles whose property was so extensive, and whose power was so great, could not fail of being turbulent and formidable. Nor did they want in- struments for executing their boldest designs. That portion of their lands, which they parceled out among their followers, supplied them with a nume- rous band of faithful and determined vassals ; while that which they retained in their own hands enabled them to live with a princely splendour. The great hall of an ambitious baron was often more crowded than the court of his sovereign. The strong castles, in which they resided, afforded a secure retreat to the discontented and seditious. A great part of their revenue was spent upon mul- titudes of indigent but bold retainers. And if at any time they left their retreat to appear in the court of their sovereign, they were accompanied, even in times of peace, with a vast train of armed followers. The usual retinue of William, the sixth Karl of Douglas, consisted of two thousand horse. Those of the other nobles were magnificent and formidable in proportion. Impatient of subordina- tion, and forgetting their proper rank, such potent and haughty barons were the rivals rather than the OF SCOTLAND. 23 subjects of their prince. They often despised his orders, insulted his person, and wrested from him his crown. The history of Europe, during several ages, contains little else but the accounts of the wars and revolutions occasioned by their exorbi- tant ambition. But, if the authority of the barons far exceeded its proper bounds in the other nations of Europe, we may affirm that the balance which ought to be preserved between a King and his nobles was almost entirely lost in Scotland. The Scottish nobles enjoyed, in common with those of other nations, all the means for extending their authority, which arise from the aristocratical genius of the feudal government. Besides these, they possessed advantages peculiar to themselves : the accidental sources of their power were considerable ; and singular circumstances concurred with the spirit of the constitution to aggrandize them. To enume- rate the most remarkable of these will serve both to explain the political state of the kingdom, and to illustrate many important occurrences in the period now under our review. I. The nature of their country was one cause of the power and independence of the Scottish nobi- lity. Level and open countries are formed for ser- vitude. The authority of the supreme magistrate reaches with ease to the most distant corners; and when nature has erected no barrier, and affords no retreat, the guilty or obnoxious are soon detected and punished. Mountains, and fens, and rivers, set bounds to despotic power, and amidst these is the natural seat of freedom and independence. In such places did the Scottish nobles usually fix their residence. By retiring to his own castle, a 24 THE HISTORY B. t. mutinous baron could defy the power of his sove- reign, it being almost impracticable to lead an army, through a barren country, to places of diffi- cult access to a single man. The same causes which checked the progress of the Roman arms, and rendered all the efforts of Edward I. abortive, often protected the Scottish nobles from the ven- geance of their Prince ; and ttaey owed their per- sonal independence to those very mountains and marshes which saved their country from being conquered. II. The want of great cities in Scotland con- tributed not a little to increase the power of the nobility, and to weaken that of the Prince. Where- ever numbers of men assemble together, order must be established, and a regular form of government instituted; the authority of the magistrate must be recognised, and his decisions meet with prompt and full obedience. Laws and subordination take rise in cities : and where there are few cities, as in Poland, or none, as in Tartary, there are few or no traces of a well arranged police. But under the feudal governments, commerce, the chief means of assembling mankind, was neglected; the nobles, in order to strengthen their influence over their vassals, resided among them, and seldom ap- peared at court, where they found a superior, or dwelt in cities, where they met with equals. In Scotland, the fertile counties in the South lying open to the English, no town situated there could rise to be great or populous, amidst continual in- roads and alarms ; the residence of our monarchs was not fixed to any particular place ; many parts of the country were barren and uncultivated ; and in consequence of these peculiar circumstances. OF SCOTLAND. 2'p added to the general causes flowing from the na- ture of the feudal institutions, the towns in Scot- land were extremely few, and very inconsiderable. The vassals of every baron occupied a distinct portion of the kingdom, and formed a separate and almost independent society. Instead of giving - aid towards reducing to obedience their seditious chief- tain, or any whom he took under his protection, they were all in arms for his defence, and obstruct- ed the operations of justice to the utmost. The Prince was obliged to connive at criminals whom he could not reach ; the nobles, conscious of this advantage, were not afraid to offend ; and the difficulty of punishing almost assured them of im- punity. III. The division of the country into clans had no small effect in rendering the nobles considerable. The nations which overran Europe were originally divided into many small tribes ; and when they came to parcel out the lands which they had con- quered, it was natural for every chieftain to bestow a portion, in the first place, upon those of his own tribe or family. These all held their lands of him; and as the safety of each individual depended on the general union, these small societies clung toge- ther, and were distinguished by some common appellation, either patronymical or local, long be- fore the introduction of surnames, or ejisigns armo- rial. But when these became common, the de- scendants and relations of every chieftain assumed the same name and arms with him; other vassals were proud to imitate their example, and by de- grees they were communicated to all those who held of the same superior. Thus clanships were formed ; and in a generation or two, that consaa- vol. i. D 26 THE HISTORY B. I. guinity, which was at first in a great measure ima- ginary, was believed to be real. An artificial union was converted into a natural one ; men willingly followed a leader, whom they regarded both as the superior of their lands and the chief of their blood, and served him not only with the fidelity of vas- sals, but with the affection of friends. In the other feudal kingdoms, we may observe such unions as we have described, imperfectly formed ; but in Scotland, whether they were the production of chance, or the effect of policy, or introduced by the Irish colony above mentioned, and strengthened by carefully preserving their genealogies both ge- nuine and fabulous, clanships were universal. Such a confederacy might be overcome, it could not be broken ; and no change of manners or of government has been able, in some parts of the kingdom, to dissolve associations which are founded upon prejudices so natural to the human mind. How formidable were nobles at the head of follow- ers, who, counting that cause just and honourable which their chief approved, rushed into the field at his command, ever ready to sacrifice their lives in defence of his person or of his fame! Against such men a King contended with great disadvan- tage; and that cold service which money pur- chases, or authority extorts, was not an equal match for their ardour and zeal. TV. The smallness of their number may be men- tioned among the causes of the grandeur of the Scottish nobles. Our annals reach not back to the first division of property in the kingdom ; but so far as we can trace the matter, the original posses- sions of the nobles seem to have been extensive. The ancient Thanes were the equals and the rivals OF SCOTLAND. 27 of their Prince. Many of the earls and barons, who succeeded them, were masters of territories no less ample. France and England, countries wide and fertile, afforded settlements to a numerous and powerful nobility. Scotland, a kingdom neither extensive nor rich, could not contain many such overgrown proprietors. But the power of an aris- tocracy always diminishes in proportion to the in- crease of its numbers ; feeble if divided among a multitude, irresistible if centred in a few. When nobles are numerous, their operations nearly resem- ble those of the people ; they are roused only by what they feel, not by what they apprehend ; and submit to many arbitrary and oppressive acts, be- fore they take arms against their sovereign. A small body, on the contrary, is more sensible and more impatient ; quick in discerning, and prompt in repelling danger, all its motions are as sudden as those of the other are slow. Hence proceeded the extreme jealousy with which the Scottish no- bles observed their monarchs, and the fierceness with which they opposed their encroachments, liven the virtue of a prince did not render them less vigilant, or less eager to defend their rights ; and Robert Bruce, notwithstanding the splendour of his victories, and the glory of his name, was upon the point of experiencing the vigour of their resistance, no less than his unpopular descendant James III. Besides this, the near alliance of the great families, by frequent intermarriages, was the natural consequence of their small number; and as consanguinity was, in those ages, a powerful bond of union, all the kindred of a nobleman inte- rested themselves in his quarrel as a common- cause ; and every contest the King had, though 28 THE HISTORY B. I. with a single baron, soon drew upon him the arms of a whole confederacy. V. Those natural connexions, both with their equals and with their inferiors, the Scottish nobles strengthened by a device, which, if not peculiar to themselves, was at least more frequent among them than in any other nation. Even in times of profound peace, they formed associations, which, when made with their equals, were called leagues of mutual defence; and when with their inferiors, bonds of manrent. By the former, the contracting parties bound themselves mutually to assist each other, in all causes and against all persons. By the latter, protection was stipulated on the one hand, and fidelity and personal service promised on the other' 1 . Self-preservation, it is probable, forced men at first into these confederacies ; and, while disorder and rapine were universal, while government was unsettled, and the authority of Laws little known or regarded, near neighbours found it necessary to unite in this manner for their security ; and the weak were obliged to court the patronage of the strong. By degrees, these asso- ciations became so many alliances offensive and defensive against the throne ; and as their obliga- tion was held to be more sacred than any tie what- ever, they gave much umbrage to our Kings, and contributed not a little to the power and indepen- dence of the nobility. In the reign of James II. William, the eighth Earl of Douglas, entered into a league of this kind with the Earls of Crawford, Ross, Murray, Ormond, the Lords Hamilton, Balveny, and other powerful barons ; and so for- midable was this combination to the King, that he 1 ' Act 30, Pari. 1424. Act 43, Pai 1. 1$5$. OF SCOTLAND. 29 bad recourse to a measure no less violent than un- just, in order to dissolve it. VI. The frequent wars between England and Scotland proved another cause of augmenting the power of the nobility. Nature has placed no bar- rier between the two kingdoms ; a river, almost every where fordable, divides them towards the east ; on the west they are separated by an imagi- nary line. The slender revenues of our Kings pre- vented them from fortifying or placing garrisons in the towns on the frontier; nor would the jealousy of their subjects have permitted such a method of defence. The barons, whose estates lay near the borders, considered themselves as bound, both in honour and in interest, to repel the enemy. The wardenships of the different marches, offices of great power and dignity, were generally bestowed on them. This gained them the leading of the warlike counties in the south; and their vassals, living in a state of perpetual hostility, or enjoying at best an insecure peace, became more inured to war than even the rest of their countrymen, and more willing to accompany their chieftain in his most hardy and dangerous enterprises. It was the valour, no less than the number of their fol- lowers, that rendered the Douglases great. The nobles in the northern and midland counties were often dutiful and obsequious to the crown, but our Monarchs always found it impracticable to subdue the mutinous and ungovernable spirit of the bor- derers. In all our domestic quarrels, those who could draw to their side the inhabitants of the southern counties, were almost sure of victory : and conscious of this advantage, the lords who possessed authority there, were apt to forget the D 2 30 THE HISTORY B. I. duty which they owed their sovereign, and to aspire beyond the rank of subjects. VII. The calamities which befel our Kings con- tributed more than any other cause to diminish the royal authority. Never was any race of monarchs so unfortunate as the Scottish. Of six successive Princes, from Robert III. to James VI., not one died a natural death ; and the minorities, during that time, were longer and more frequent than ever happened in any other kingdom. From Ro- bert Bruce to James VI. we reckon ten Princes ; and seven of these were called to the throne while they were minors, and almost infants. Even the most regular and best established governments feel sensibly the pernicious effects of a minority, and either become languid and inactive, or are thrown into violent and unnatural convulsions. But under the imperfect and ill adjusted system of govern- ment in Scotland these effects were still more fatal ; the tierce and mutinous spirit of the nobles, unre- strained by the authority of a King, scorned all subjection to the delegated jurisdiction of a Re- gent, or to the feeble commands of a minor. The royal authority was circumscribed within nar- rower limits than ever ; the prerogatives of the crown, naturally inconsiderable, were reduced al- most to nothing ; and the aristocratical power gra- dually rose upon the ruins of the monarchical. Lest the personal power of a Regent should enable him to act with too much vigour, the authority an- nexed to that office was sometimes rendered incon- siderable by being divided ; or, if a single Regent was chosen, the greater nobles, and the heads of the more illustrious families, were seldom raised to that diguity. It was often conferred upon men OF SCOTLAND. ;>I vho possessed little influence, and excited no jea- lousy. They, conscious of their own weakness, were obliged to overlook some irregularities, and to permit others; and, in order to support their au- thority, which was destitute of real strength, they endeavoured to gain the most powerful and active barons, by granting them possessions and immu- nities, which raised them to still greater power. When the King himself came to assume the reins of government, he found his revenues wasted or alienated, the crown lands seized or given away, and the nobles so accustomed to independence that, after the struggles of a whole reign, he was seldom able to reduce them to the same state in which they had been at the beginning of his mino- rity, or to wrest from them what they had usurped during that time. If we take a view of what hap- pened to each of our Kings, who was so unfortu- nate as to be placed in this situation, the truth and importance of this observation will fully appear. The minority of David II. the son of Robert Bruce, was disturbed by the pretensions of Edward Baliol, who, relying on the aid of England, and on the support of some disaffected barons among the Scots, invaded the kingdom. The success which at first attended his arms obliged the young King to retire to France ; and Baliol took possession of the throne. A small body of the nobles, however, continuing faithful to their exiled Prince, drove Baliol out of Scotland ; and after an absence of nine years David returned from France, and took the government of the kingdom into his own hands. But nobles, who were thus wasting their blood and treasure in defence of the crown, had a right to the undisturbed possession ot their ancient privileges ; 32 THE HISTORY B. I. and even some title to arrogate new ones. It seems to have been a maxim in that age [1320], that every leader might claim as his own the terri- tory which his sword had won from the enemy. Great acquisitions were gained by the nobility in that way : and to these the gratitude and liberality of David added, by distributing among such as adhered to him the vast possessions which fell to the crown by the forfeiture of his enemies. The family of Douglas, which began to rise above the other nobles in the reign of his father, augmented both its power and its property during his mino- rity. 1405]. James I. was seized by the English during the continuance of a truce, and ungene- rously detained a prisoner almost nineteen years. During that period the kingdom was governed, tirst by his uncle Robert, Duke of Albany, and then by Murdo, the son of Robert. Both these noblemen aspired to the crown ; and their unna- tural ambition, if we may believe most of our his- torians, not only cut short the days of Prince David, the King's eldest brother, but prolonged the captivity of James. They flattered themselves that they might step with less opposition into a throne, when almost vacant ; and dreading the Kiug's return as the extinction of their authority and the end of their hopes, they carried on the ne- gotiations for obtaining his liberty with extreme re- missness. At the same time they neglected nothing that could either sooth or bribe the nobles to ap- prove of their scheme. They slackened the reins of government ; they allowed the prerogative to be encroached upon ; they suffered the most irregular acts of power, and even wanton instances of op- OF SCOTLAND. S3 pression, to pass with impunity ; they dealt out the patrimony of the crown among those whose enmity they dreaded or whose favour they had gained ; and reduced the royal authority to a state of imbecility, from which succeeding monarchs la- boured in vain to raise it. 1437]. During -the minority of James II. the administration of affairs, as well as the custody of the King's person, were committed to Sir William Crichton and Sir Alexander Livingston. Jealousy and discord were the effects of their conjunct au- thority, and each of them, in order to strengthen himself, bestowed new power and privileges upon the great men whose aid he courted ; while the young Earl of Douglas, encouraged by their divi- sions, erected a sort of independent principality within the kingdom ; and, forbidding his vassals to acknowledge any authority but his own, he created knights, appointed a privy council, named officers civil and military, assumed every ensign of royalty but the title of King, and appeared in public with a magnificence more than royal. 14(J0]. Eight persons were chosen to govern the kingdom during the minority of James III. Lord Boyd, however, by seizing the person of the young King, and by the ascendant which he acquired over him, soon engrossed the whole authority. He formed the ambitious project of raising his family to the same pitch of power and grandeur with those of the prime nobility ; and he effected it. While intent on this, he relaxed the vigour of government, and the barons became accustomed once more to anarchy and independence. The power which Boyd had been at so much pains to acquire was of no long continuance, and the fall of bis family, 34 THE HISTORY B. f. according to the fate of favourites, was sudden and destructive ; but upon its ruins the family of Ha- milton rose, which soon attained the highest rank in the kingdom. As the minority of James V. was longer, it was likewise more turbulent than those of the preced- ing Kings. And the contending nobles, encou- raged or protected either by the King of France or of England, formed themselves into more regu- lar factions, and disregarded more than ever the restraints of order and authority. The French had the advantage of seeing one, devoted to their inte- rest, raised to be Regent. This was the Duke of Albany, a native of France, and a grandson of James II. But Alexander Lord Home, the most eminent of all Scottish peers who survived the fatal battle of Flowden, thwarted all his measures during the first years of his administration ; and the in- trigues of the Queen Dowager, sister of Henry VIII. rendered the latter part of it no less feeble. Though supported by French auxiliaries the nobles despised his authority, and, regardless either of his threats or his entreaties, peremptorily refused two several times to enter England, to the borders of which kingdom he had led them. Provoked by these repeated instances of contempt, the Regent abandoned his troublesome station, and, retiring to France, preferred the tranquillity of a private life to an office destitute of real authority. Upon his retreat, Douglas, Earl of Angus, became master of the King's person, and governed the kingdom in his name. Many efforts were made to deprive him of his usurped authority. But the numerous vas- sals and friends of his family adhered to him, be- cause he divided with them the power and emolu- OF SCOTLAND. 3 1 ■ t , what is more remarkable, bv the laws of those ages. If imy person thought the prosecution of an injury offered to his family tun troublesome or too dangerous, the Saliqoe laws per- mitted him publiriyto desist from demanding vengeance; but the same laws, in order to punish his cowardice and want of affection to bis family, deprived him of the ri^bt of succession. Hena alt's Abrege Chronol. p. 81. Amont; the Anglo-Saxons we find a singular institution distinguished by the name of soda' Hi him; a voluntary association, the object whereof was the per- sonal security of those \\ bo joined in it, and which the feebleness of government at that time rendered necessary. Among other regulations, which are contained in one of these still extant, the following deserves noti'-e : " If any associate shall either eat or drink with a person who lias killed any member of the aodalitium, unless in the presence of the King, the bishop, or the count, and unless he can prove that he did not know the person, let him pay a great fine." Ilickes, Dissert. Epistolar. apud Tbesaur. Ling. Septentr. vol. i. p. 21 . VOL. I. E 38 THE HISTORY B. I. quarrels were transmitted from father to son, and, under the name of deadly feuds, subsisted for many generations with unmitigated rancour. It was the interest of the crown to foment rather than to ex- tinguish these quarrels ; and by scattering or che- rishing the seeds of discord among the nobles, that union, which would have rendered the aristocracy invincible, and which must at once have annihilated the prerogative, was effectually prevented. To the same cause our Kings were indebted for the success with which they sometimes attacked the most powerful chieftains. They employed private revenge to aid the impotence of public laws, and arming against the person who had incurred their displeasure those rival families which wished his fall, they rewarded their service by sharing among them the spoils of the vanquished. But this ex- pedient, though it served to humble individuals, did not weaken the body of the nobility. Those who were now the instruments of their Prince's vengeance became, in a short time, the objects of his fear. Having acquired power and wealth by serving the crown, they, in their turn, set up for independence : and though there might be a fluc- tuation of power and of property ; though old fa- milies fell, and new ones rose upon their ruins ; the rights of the aristocracy remained entire, and its vigour unbroken. II. As the administration of justice is one of the most powerful ties between a King and his subjects, all our Monarchs were at the utmost pains to circumscribe the jurisdiction of the barons, and to extend that of the crown. The external forms of subordination natural to the feudal system fa- voured this attempt. An appeal lay from the judges and courts of the barons to those of the OF SCOTLAND. 39 King. The right, however, of judging in the first instance belonged to the nobles, and they easily found means to defeat the effects of appeals, as well as of many other feudal regulations. The royal jurisdiction was almost confined within the narrow limits of the King's demesnes, beyond which his judges claimed indeed much authority, but possessed next to none. Our Kings were sen- sible of these limitations, and bore them with im- patience. But it was impossible to overturn in a moment what was so deeply rooted ; or to strip the nobles at once of privileges which they had held so long, and which were wrought almost into the frame of the feudal constitution. To accomplish this, however, was an object of uniform and anxious attention to all our Princes. James I. led the way here, as well as in other instances, towards a more regular and perfect police. He made choice, among the estates of parliament, of a certain number of persons, whom he distinguished by the names of Lords of Session, and appointed them to hold courts for determining civil causes three times in the year, and forty days at a time, in whatever place he pleased to name. Their jurisdiction extended to all matters which formerly came under the cog- nizance of the King's council, and, being a com- mittee of parliament, their decisions were final. James II. obtained a law, annexing all regalities which should be forfeited to the crown, and declar- ing the right of jurisdiction to be unalienable for the future. James III. imposed severe penalties upon those judges appointed by the barons, whose decisions should be found on a review to be un- just; and, by many other regulations, endeavoured 40 THE HISTORY B. I. to extend the authority of his own court 13 . James IV. on pretence of remedying - the inconveniences arising from the short terms of the Court of Session, appointed other judges called Lords of Daily Coun- cil. The Session was an ambulatory court, and met seldom ; the Daily Council was fixed, and sat constantly at Edinburgh ; and, though not com- posed of members of parliament, the same powers which the Lords of Session enjoyed were vested in it. At last James V. erected a new court that still subsists, and which he named the College of Justice, the judges or Senators of which were called Lords of Council and Session. This court not only exercised the same jurisdiction which for- merly belonged to the Session and Daily Council, but new rights were added. Privileges of great importance were granted to its members, its forms were prescribed, its terms fixed, and regularity, power, and splendour conferred upon it 14 . The persons constituted judges in all these different courts had, in many respects, the advantage of those who presided in the courts of the barons ; they were more eminent for their skill in law, their rules of proceeding were more uniform, and their decisions more consistent. Such judicatories be- came the objects of confidence and of veneration. Men willingly submitted their property to their de- termination, and their encroachments on the juris- dictions of the nobles were popular, and for that reason successful. By devices of a similar nature, (he jurisdiction of the nobles in criminal causes was restrained, and the authority of the Court of » a Act 20. P. 1 169. Act 94. P. 1493. Act 99. P. 1487. M Keith, A pp. 7/3, fiep. OF SCOTLAND. 41 Justiciary extended. The crown, in this parti- cular, gaining insensibly upon the nobles, reco- vered more ample authority ; and the King, whose jurisdiction once resembled that of a baron rather than that of a sovereign 15 , came more and more to 15 The most perfect idea of the feudal system of government may be attained by attending to the state of German) 1 , and to the History of France. In the former, the feudal institutions still subsist with great vigour ; and though altogether abolished in the latter, the public records have been so carefully preserved, that the French lawyers and antiquaries have been enabled, with more certainty and precision than those of any other couutry in Europe, to trace its rise, its progress, and revolutions. In Ger- many every principality may be considered as a fief, and all its great princes as vassals, holding of the Emperor. They pos- sess all the feudal privileges; their fiefs are perpetual; their jurisdictions within their own territories separate and extensive ; and the great offices of the empire are all hereditary, and annexed to particular families. At the same time the Emperor retains many of the prerogatives of the feudal monarchs. Like them, his claims and pretensions are innumerable, and his powers small ; his jurisdiction within his own demesnes or hereditary countries is complete ; beyond the bounds of these it is almost nothing ; and so permanent are feudal principles, that although the feudal system be overturned in almost every particular state in Ger- many, and although the greater part of its princes have become absolute, the original feudal constitution of the Empire still re- mains, and ideas peculiar to that form of government direct all its operations, and determine the rights of all its princes. Our observations, with regard to the limited jurisdiction of kings un- der the feudal governments, are greatly illustrated by what hap- pened in France. The feebleness and dotage of the descendants of Charlemagne encouraged the peers to usurp an independent jurisdiction. Nothing remained in the hands of the crown ; all was seized by them. When Hugh Capet ascended the throne, A. D. 987, he kept possession of his private patrimony, the Comte of Paris; and all the jurisdiction which the Kings his successors exercised for some time, was within its territories. There were only four towns in France where he could establish (irands Jiaillis, or royal judges : all the other lands, towns, and bailliages, belonged to the nobles. The methods to which the French monarchs had recourse for extending their jurisdiction were exactly similar to those employed by our princes. He- naalt's Abrege, p. G17, &c. De ['Esprit des Loix, liv. xxx. ch. 20, &C. E2 42 THE HISTORY B. I. be considered as the head of the community, and the supreme dispenser of justice to his people. These acquisitions of our Kings, however, though comparatively great, were in reality inconsiderable ; and, notwithstanding all their efforts, many of the separate jurisdictions possessed by the nobles re- mained in great vigour; and their final abolition was reserved to a distant and more happy period. But besides these methods of defending their prerogative and humbling the aristocracy, which may be considered as common to all our Princes, we shall find, by taking a view of their reigns, that almost every one of our Kings, from Robert Bruce to James V. had formed some particular system for depressing the authority of the nobles, which was the object both of their jealousy and terror. This conduct of our monarchs, if we rest satisfied with the accounts of their historians, must be considered as flowing entirely from their resent- ment against particular noblemen; and all their attempts to humble them must be viewed as the sallies of private passion, not as the consequences of any general plan of policy. But though some of their actions may be imputed to those passions, though the different genius of the men, the temper of the times, and the state of the nation, neces- sarily occasioned great variety in their schemes ; yet, without being chargeable with excessive re- finement, we may affirm that their end was uni- formly the same; and that the project of reducing the power of the aristocracy, sometimes avowed and pursued with vigour, sometimes concealed or seemingly suspended, was never altogether aban- doned. No Prince was ever more indebted to his nobles than Robert Bruce. Their valour conquered the OF SCOTLAND. 43 kingdom, and placed him on the throne. His gra- titude and generosity bestowed on them the lands of the vanquished. Property has seldom under- gone greater or more sudden revolutions than those to which it was subject at that time in Scotland. Edward I. having forfeited the estates of most of the ancient Scottish barons, granted them to his English subjects. These were expelled by the Scots, and their lands seized by new masters. Amidst such rapid changes confusion was unavoid- able ; and many possessed their lands by titles extremely defective. During one of those truces between the two nations, occasioned rather by their being weary of war than desirous of peace, Robert formed a scheme for checking the growing power and wealth of the nobles. He summoned them to appear and to show by what rights they held their lands. They assembled accordingly ; and the question being put, they started up at once, and drew their swords : " By these," said they, " we acquired our lands, and with these we will defend them." The King, intimidated by their boldness, prudently dropped the project. But so deeply did they resent this attack upon their order, that, not- withstanding Robert's popular and splendid vir- tues, it occasioned a dangerous conspiracy against his life. David his son, at first an exile in France, after- ward a prisoner in England, and involved in con- tinual war with Edward III. had not leisure to attend to the internal police of his kingdom, or to think of retrenching the privileges of the nobility. Our historians have been more careful to relate the military than the civil transactions of the reign of Robert 11. Skirmishes and inroads of little 44 THE HISTORY B. I. consequence they describe minutely : but with re- gard to every thing that happened during several years of tranquillity, they are altogether silent. The feeble administration of Robert III. must likewise be passed over slightly. A Prince of a mean genius, and of a frail and sickly constitu- tion, was not a fit person to enter the lists with active and martial barons, or to attempt wresting from them any of their rights. The civil transactions in Scotland are better known since the beginning of the reign of James I. and a complete series of our laws supplies the de- fects of our historians. The English made some amends for their injustice in detaining that Prince a prisoner, by their generous care of his education. During his long residence in England, he had an opportunity of observing the feudal system in a more advanced state, and refined from many of the imperfections which still adhered to it in his own kingdom. He saw there, nobles great, but not independent ; a king powerful, though far from ab- solute : he saw a regular administration of govern- ment; wise laws enacted; and a nation flourishing and happy, because all ranks of men were accus- tomed to obey them. Full of these ideas, he re- turned into his native country, which presented to him a very different scene. The royal authority, never great, was now contemptible, by having been so long delegated to Regents. The ancient patri- mony and revenues of the crown were almost to- tally alienated. During his long absence the name of King was little known, and less regarded. The license of many years had rendered the nobles inde- pendent. Universal anarchy prevailed. The weak were exposed to the rapine and oppression of the OF SCOTLAND. 45 strong. Iii every corner some barbarous chieftain ruled at pleasure, and neither feared the King nor pitied the people 16 . James was too wise a Prince to employ open force to correct such inveterate evils. Neither the men nor the times would have borne it. He ap- plied the gentler and less offensive remedy of laws and statutes. In a parliament held immediately after his return, he gained the confidence of his people by many wise laws, tending visibly to re- establish, order, tranquillity, and justice in the kingdom. But at the same time that he endea- voured to secure these blessings to his subjects, he discovered his intention to recover those posses- sions of which the crown had been unjustly be- reaved ; and for that purpose obtained an act by which he was empowered to summon such as had obtained crown lands during the three last reigns, to produce the rights by which they held them 17 . As this statute threatened the property of the nobles, another which passed in a subsequent par- liament aimed a dreadful blow at their power. By it the leagues and combinations which we have already described, and which rendered the nobles so formidable to the crown, were declared unlaw- ful 18 . Encouraged by this success in the begin- ning of his enterprise, James's next step was still 16 A coteuiporary monkish writer describes these calamities very feelingly in his rude Latin : " In diebus illis, non erat lex in Scotia, sed quilibet potentiorum juniorem oppressit ; et totum regnum fuit unum latrocinium; homicidia, deprsedationes, incen- dia, et camera maleficia remanserunt impunita ; et justitia rele- gata extra terminos regni exulavit." Chartular. Morav. apud Innes Essay, vol. i. p. 272. 17 Act 'J.* P. 1421. IH Act 30. P. 1124. 46 THE HISTORY B. I. bolder and more decisive. During the sitting of parliament he seized, at once, his cousin Murdo, duke of Albany, and his sons; the Earls of Doug- las, Lennox, Angus, March, and above twenty other peers and barons of prime rank. To all of them, however, he was immediately reconciled, except to Albany and his sons, and Lennox. These were tried by their peers, and condemned ; for what crime is now unknown. Their execution struck the whole order with terror, and their for- feiture added considerable possessions to the crown. He seized, likewise, the earldoms of Buchan and Strathern, upon different pretexts ; and that of Mar fell to him by inheritance. The patience and inactivity of the nobles, while the King was pro- ceeding so rapidly towards aggrandizing the crown, are amazing. The only obstruction he met with was from a slight insurrection headed by the Duke of Albany's youngest son, and that was easily sup- pressed. The splendour and presence of a King, to which the great men had been long unaccus- tomed, inspired reverence : James was a Prince of great abilities, and conducted his operations with much prudence. He was in friendship with Eng- land, and closely allied with the French King : he was adored by the people, who enjoyed unusual security and happiness under his administration : and all his acquisitions, however fatal to the body of the nobles, had been gained by attacks upon individuals ; were obtained by decisions of law, and, being founded on circumstances peculiar to the persons who suffered, might excite murmurs and apprehensions, but afforded no colourable pre- text for a general rebellion. It was not so with OF SCOTLAND. 47 the next attempt which the King- made. Encou- raged by the facility with which he had hitherto advanced, he ventured upon a measure that irritated the whole body of the nobility, and which the events show either to have been entered into with too much precipitancy, or to have been carried on with too much violence. The father of George Dunbar, Earl of March, had taken arms against Robert III. the King's father; but that crime had been pardoned, and his lands restored by Robert Duke of Albany. James, on pretext that the Regent had exceeded his power, and that it was the prerogative of the King alone to pardon trea- son, or to alienate lands annexed to the crown, obtained a sentence declaring the pardon to be void, and depriving Dunbar of the earldom. Many of the great men held lands by no other right than what they derived from grants of the two Dukes of Albany. Such a decision, though they had reason to expect it in consequence of the statute which the King had obtained, occasioned a general alarm. Though Dunbar was at present the only sufferer, the precedent might be extended, and their titles to possessions which they considered as the rewards of their valour, might be subjected to the review of courts of law, whose forms of pro- ceeding and jurisdiction were in a martial age little known, and extremely odious. Terror and discontent spread fast upon this discovery of the King's intentions ; the common danger called on the whole order to unite, and to make one bold stand before they were stripped successively of their acquisitions, and reduced to a state of poverty and insignificance. The prevalence of these senti- ments among the nobles encouraged a few despe- 48 THE HISTORY B. I. rate men, the friends or followers of those who had been the chief sufferers under the King's ad- ministration, to form a conspiracy against his life. The first uncertain intelligence of this was brought him while he lay in his camp before Roxburgh Castle. He durst not confide in nobles, to whom he had given so many causes of disgust, but in- stantly dismissed them and their vassals, and re- tiring to a monastery near Perth, was soon after murdered there in the most cruel manner. All our historians mention with astonishment this circum- stance, of the King's disbanding his army at a time when it was so necessary for his preservation. A King, say they, surrounded with his barons, is secure from secret treason, and may defy open rebellion. But those very barons were the per- sons whom he chiefly dreaded ; and it is evident, from this review of his administration, that he had greater reason to apprehend danger than to expect defence from their hands. It was the misfortune of James, that his maxims and manners were too refined for the age in which he lived. Happv ! had he reigned in a kingdom more civilized ; his love of peace, of justice, and of elegance would have rendered his schemes successful ; and, instead of perishing because he had attempted too much, a grateful people would have applauded and se- conded his efforts to reform and improve them. Crichton, the most able man of those who had the direction of affairs during the minority of James II. had been the minister of James I. and well acquainted with his resolution of humbling the no- bility. He did not relinquish tho design, and he endeavoured to inspire his pupil with ihe same sen- timents. But what .lames had attempted to effect OF SCOTLAND. 4D slowly and bv legal means, his son and Crichton pursued with the impetuosity natural to Scotsmen, and with the fierceness peculiar to that age. Wil- liam, the sixth Earl of Douglas, was the first vic- tim to their barbarous policy. That young noble- man (as we have already observed), contemning the authority of an infant Prince, almost openly re- nounced his allegiance, and aspired to indepen- dence. Crichton, too high spirited to bear such an insult, but too weak to curb or bring to justice so powerful an offender, decoyed him by many pro- mises to an interview in the castle of Edinburgh, and, notwithstanding these, murdered both him and his brother. Crichton, however, gained little by this act of treachery, which rendered him uni- versally odious. William, the eighth Earl of Doug- las, was no less powerful, and no less formidable to the crown. By forming the league which we already mentioned with the Earl of Crawford and other barons, he had united against his sovereign almost one half of his kingdom. But his credulitv led him into the same snare which had been fatal to the former Earl. Belying on the King's pro- mises, who had now attained to the years of man- hood, and having obtained a safe conduct under the great seal, he ventured to meet him in Stirling Castle. James urged him to dissolve that dan- gerous confederacy into which he had entered ; the Earl obstinately refused. " If you will not," said the enraged Monarch, drawing his dagger, " this shall;" and stabbed him to the heart. An action so unworthy of a King filled the nation with asto- nishment and with horror. The Earl's vassals ran to arms with the utmost, fury, and dragging tin safe conduct, which the King had granted and VOL. i. f 50 THE HISTORY B. I. violated, at a horse's tail, they marched toward? Stirling, burned the town, and threatened to besiege the castle. An accommodation however ensued; on what terms is not known. But the King's jea- lousy, and the new Earl's power and resentment, prevented it from being of long continuance. Both took the field at the head of their armies, and met near Abercorn. That of the Earl, composed chiefly of borderers, was far superior to the King's both in number and in valour ; and a single battle must, in all probability, have decided whether the house of Stuart or of Douglas was henceforth to possess the throne of Scotland. But while his troops impatiently expected the signal to engage, the Earl ordered them to retire to their camp ; and Sir James Hamilton of Cadyow, the person in whom he placed the greatest confidence, convinced of his want of genius to improve an opportunity, or of his want of courage to seize a crown, de- serted him that very night. This example was followed by many ; and the Earl, despised or for- saken by all, was soon driven out of the kingdom, and obliged to depend for his subsistence on the friendship of the King of England. The ruin of this great family, which had so long rivaled and overawed the crown, and the terror with which such an example of unsuccessful ambition filled the nobles, secured the King, for some time, from op- position ; and the royal authority remained uncon- trolled and almost absolute. James did not suffer this favourable interval to pass unimproved ; he procured the consent of parliament to laws more advantageous to the prerogative, and more subver- sive of the privileges of the aristocracy, than were ever obtained by any former or subsequent mo- narch of Scotland. OF SCOTLAND. 51 By one of these, not only all the vast posses- sions of the Earl of Douglas were annexed to the crown, but all prior and future alienations of crown lands were declared to be void ; and the King was empowered to seize them at pleasure, without any process or form of law, and oblige the possessors to refund whatever they had received from them 19 . A dreadful instrument of oppression in the hands of a Prince ! Another law prohibited the wardenship of the marches to be granted hereditarily ; restrained, in several instances, the jurisdiction of that office ; and extended the authority of the King's courts- . By a third, it was enacted that no Regality, or exclusive right of administering justice within a man's own lands, should be granted in time to come, without the consent of parliament 21 ; a con- dition which implied almost an express prohibition. Those nobles who already possessed that great privilege would naturally be solicitous to prevent it from becoming common, by being bestowed on many. Those who had not themselves attained it would envy others the acquisition of such a flatter- ing distinction, and both would concur in rejecting the claims of new pretenders. By a fourth act, all new grants of hereditary offices were prohibited, and those obtained since the death of the last King were revoked 22 . Each of these statutes undermined some of the great pillars on which the power of the aristocracy rested. During the remainder of his reign this Prince pursued the plan which he had begun with the utmost vigour ; and had not a sudden death, 19 Act 11. P. 1 155. °° Ibid. Act. 12. 21 Act 43. P. 1455. "Act 11. 5*2 THE HISTORY B. I. occasioned by the splinter of a cannon which burst near him at the siege of Roxburgh, prevented his progress, he wanted neither genius nor courage to perfect it ; and Scotland might, in all probability, have been the first kingdom in Europe which would have seen the subversion of the feudal system. James III. discovered no less eagerness than his father or grandfather to humble the nobility ; but, far inferior to either of them in abilities and address, he adopted a plan extremely impolitic, and his reign was disastrous, as well as his end tragical. Under the feudal governments, the nobles were not only the King's ministers, and possessed of all the great offices of power or of trust ; they were likewise his companions and favourites, and hardly any but they approached his person or were enti- tled to his regard. But James, who both feared and hated his nobles, kept them at an unusual dis- tance, and bestowed every mark of confidence and affection upon a few mean persons, of professions so dishonourable as ought to have rendered them unworthy of his presence. Shut up with these in his castle of Stirling, he seldom appeared in public, and amused himself in architecture, music, and other arts, which were then little esteemed. The nobles beheld the power and favour of these mi- nions with indignation. Even the sanguinary mea- sures of his father provoked them less than his neglect. Individuals alone suffered by the former; by the latter, every man thought himself injured because all were contemned. Their discontent was much heightened by the King's recalling all rights to crown lands, hereditary offices, regalities, and every other concession which was detrimental to his prerogative, and which had been extorted OF SCOTLAND. 53 timing his minority. Combinations among them- selves, secret intrigues with England, and all the usual preparatives for civil war, were the effects of their resentment. Alexander Duke of Albany, and John Earl of Mar, the King's brothers, two young men of turbulent and ambitious spirits, and incensed against James, who treated them with the same coldness as he did the other great men, en- tered deeply into all their cabals. The King de- tected their designs before they were ripe for exe- cution, and, seizing his two brothers, committed the Duke of Albany to Edinburgh Castle. The Earl of Mar, having remonstrated with too much bold- ness against the King's conduct, was murdered, if we may believe our historians, by his command. Albany, apprehensive of the same fate, made his escape out of the Castle and fled into France. Concern for the King's honour, or indignation at his measures, were perhaps the motives which first induced him to join the malcontents. But James's attachment to favourites rendering him every day more odious to the nobles, the prospect of the advantages which might be derived from their ge- neral disaffection, added to the resentment which he felt on account of his brother's death and his own injuries, soon inspired Albany with more am- bitious and criminal thoughts. He concluded a treaty with Edward IV. of England, in which he assumed the name of Alexander King of Scots ; and, in return for the assistance which was pro- mised him towards dethroning his brother, he bound himself, as soon as he was put in possession of the kingdom, to swear fealty and do homage to the English monarch, to renounce the ancient alli- ance with France, to contract a new one with F 2 54 THE HISTORY B. I. England, and to surrender some of the strongest castles and most valuable counties in Scotland 23 . That aid, which the Duke so basely purchased at the price of his own honour and the independence of his country, was punctually granted him, and the Duke of Gloucester with a powerful army con- ducted him towards Scotland. The danger of a foreign invasion obliged James to implore the as- sistance of those nobles whom he had so long treated with contempt. Some of them were in close confederacy with the Duke of Albany, and approved of all his pretensions. Others were im- patient for any event which would restore their order to its ancient preeminence. They seemed, however, to enter with zeal into the measures of their sovereign for the defence of the kingdom against its invaders 24 , and took the field at the head of a powerful army of their followers, but with a stronger disposition to redress their own griev- ances than to annoy the enemy ; and with a fixed resolution of punishing those minions whose inso- lence they could no longer tolerate. This resolu- tion they executed in the camp near Lauder, with a military dispatch and rigour. Having previously concerted their plan, the Earls of Angus, lluntly, Lennox, followed by almost all the barons of chief note in the army, forcibly entered the apartment of their sovereign, seized all his favourites except one Ramsay, whom they could not tear from the King, in whose arms he took shelter, and, without any form of trial, hanged them instantly over a bridge. Among the most remarkable of those who had engrossed the King's affection, were Cochran, a 23 Abercr. Mart. Atch. vol. ii. p. 443. -' Black Acts, fol. GJ. OF SCOTLAND. 5 t > mason ; Hommil, a tailor; Leonard, a smith; Rogers, a musician ; and Torsifan, a fencing mas- ter. So despicable a retinue discovers the capri- ciousness of James's character, and accounts for tliu indignation of the nobles when they beheld the favour due to them bestowed on such unworthy objects. James had no reason to coniide in an army so little under his command, and, dismissing it, shut himself up in the castle of Edinburgh. After vari- ous intrigues, Albany's lauds and honours were at length restored to him, and he seemed even to have regained his brother's favour by some impor- tant services. But their friendship was not of long duration. James abandoned himself once more to the guidance of favourites ; and the fate of those who had suffered at Lauder did not deter others from courting that dangerous preeminence. Al- bany, on pretext that an attempt had been made to take away his life by poison, fled from court, and, retiring to his castle at Dunbar, drew thither a greater number of barons than attended on the King himself. At the same time he renewed his former confederacy with Edward; the Earl of An- gus openly negotiated that infamous treaty ; other barons were ready to concur with it; and if the sudden death of Edward had not prevented Alba- ny's receiving any aid from England, the crown of Scotland would probably have been the reward of this unworthy combination with the enemies of his country. But, instead of any hopes of reigning in Scotland, he found, upon the death of Edward, that he could not reside there in safety; and flying first to England and then to France, he seems from that time to have taken no part in the affairs of his na- 66 THE HISTORY B. I. tive country. Emboldened by his retreat, the King and his ministers multiplied the insults which they offered to the nobility. A standing guard, a thing unknown under the feudal governments, and incon- sistent with the familiarity and confidence with which monarchs then lived amidst their nobles, was raised for the King's defence, and the com- mand of it given to Ramsay, lately created Earl of Bothwell, the same person who had so narrowly escaped when his companions were put to death at Lauder. As if this precaution had not been suf- ficient, a proclamation was issued, forbidding any person to appear in arms within the precincts of the court 25 ; which, at a time when no man of rank left his own house without a numerous retinue of armed followers, was, in effect, debarring the no- bles from all access to the King. James, at the same time, became fonder of retirement than ever, and sunk in indolence or superstition, or attentive only to amusements, devolved his whole authority upon his favourites. So many injuries provoked the most considerable nobles to take arms; and having persuaded or obliged the Duke of Rothesay, the King's eldest son, a youth of fifteen, to set him- self at their head, they openly declared their inten- tion of depriving James of a crown, of which he had discovered himself to be so unworthy. Roused by this danger, the King quitted his retirement, took the field, and encountered them near Ban- nockburn ; but the valour of the borderers, of whom the army of the malcontents was chiefly composed, soon put his troops to flight, and he himself was slain in the pursuit. Suspicion, indolence, immo- derate attachment to favourites, and all the vices 25 Ferrcrius, 398. OF SCOTLAND. 57 of a feeble mind, are visible in his whole conduct; but the character of a cruel and unrelenting tyrant seems to be unjustly affixed to him by our histo- rians. His neglect of the nobles irritated, but did not weaken them ; and their discontent, the immo- derate ambition of his two brothers, and their un- natural confederacies with England, were sufficient to have disturbed a more vigorous administration, and to have rendered a Prince of superior talents unhappy. The indignation which many persons of rank ex- pressed against the conduct of the conspirators, to- gether with the terror of the sentence of excommu- nication which the Pope pronounced against them, obliged them to use their victory with great mode- ration and humanity. Being conscious how detes- table the crime of imbruing their hands in the blood of their Sovereign appeared, they endeavoured to regain the good opinion of their countrymen, and to atone for the treatment of the father by their loy- alty and duty towards the son. They placed him instantly on the throne, and the whole kingdom soon united in acknowledging his authority. James IV. was naturally generous and brave ; he felt in a high degree all the passions which animate a young and noble mind. Me loved mag- nificence, he delighted in war, and was eager to obtain fame. During his reign the ancient and he- reditary enmity between the King and nobles seems almost entirely to have ceased. He envied not their splendour, because it contributed to the orna- ment of his court ; nor did he dread their power, which he considered as the security of his kingdom, not as an object of terror to himself. This confi- dence on his part met with the proper return of 58 THE HISTORY B. I. duty and affection on theirs ; and, in his war with England, he experienced how much a King' be- loved by his nobles is able to perform. Though the ardour of his courage and the spirit of chivalry, rather than the prospect of any national advantage, induced him to declare war against England, such was the zeal of his subjects for the King's glory, that he was followed by as gallant an army as ever any of his ancestors had led upon English ground. But though James himself formed no scheme dan- gerous or detrimental to the aristocracy, his reign was distinguished by an event extremely fatal to it; and one accidental blow humbled it more than all the premeditated attacks of preceding Kings. In the rash and unfortunate battle of Flowden a brave nobility chose rather to die than to desert their so- vereign. Twelve earls, thirteen lords, five eldest sons of noblemen, and an incredible number of barons, fell with the King 26 . The whole body of the nobles long and sensibly felt this disaster; and if a Prince of full age had then ascended the throne, their consternation and feebleness would have afforded him advantages which no former monarch ever possessed. But James V. who succeeded his father, was an infant of a year old ; and though the office of He- gent was conferred upon his cousin the Duke of Albany, a man of genius and enterprise, a native of France, and accustomed to a government where the power of the King was already great ; though he made many bold attempts to extend the royal authority ; though he put to death Lord Home, and banished the Earl of Angus, the two noblemen of greatest influence in the kingdom, the aristo- 36 Aber. ii. 540. OF SCOTLAND. 59 cracy lost no ground under his administration. A stranger to the manners, the laws, and the language of the people whom he was called to rule, he acted, on some occasions, rather like a Viceroy of the French King than the Governor of Scotland ; but the nobles asserted their own privileges, and con- tended for the interest of their country with a bold- ness which convinced him of their independence, and of the impotence of his own authority. After several unsuccessful struggles, he voluntarily re- tired to France; and the King being then in his thirteenth year, the nobles agreed that he should assume the government, and that eight persons should be appointed to attend him by turns, and to advise and assist him in the administration of public affairs. The Earl of Angus, who was one of that number, did not long remain satisfied with such divided power. He gained some of his colleagues, removed others, and intimidated the rest. "When the term of his attendance expired, he still re- tained authority, to which all were obliged to sub- mit, because none of them was in a condition to dispute it. The affection of the young King was the only thing wanting to fix and perpetuate his power. But an active and high-spirited Prince submitted with great impatience to the restraint in which he was kept. It ill suited his years or his disposition to be confined as a prisoner within his own palace ; to be treated with no respect, and to be deprived of all power. He could not on some occasions conceal his resentment and indignation. Angus foresaw that he had much to dread from these; and as he could not gain the King's heart, he re- solved to make sure of his person. James was continually surrounded by the Earl's spies and (>0 THE HISTORY B. I. confidants ; many eyes watched all his motions, and observed every step he took. But the King's eagerness to obtain liberty eluded all their vigi- lance. He escaped from Falkland, and fled to the castle of Stirling, the residence of the Queen his mother, and the only place of strength in the kingdom which was not in the hands of the Doug- lases. The nobles, of whom some were influ- enced by their hatred to Angus, and others by their respect for the King, crowded to Stirling, and his court was soon filled with persons of the great- est distinction. The Earl, though astonished at this unexpected revolution, resolved at first to make one bold push for recovering his authority, by marching to Stirling at the head of his followers ; but he wanted either courage or strength to execute this resolution. In a parliament held soon after, he and his adherents were attainted, and, after escaping from many dangers and enduring much misery, he was at length obliged to fly into Eng- land for refuge. James had now not only the name, but, though extremely young, the full authority of a King. He was inferior to no Prince of that age in graceful- ness of person, or in vigour of mind. His under- standing was good, and his heart warm ; the former capable of great improvement, and the latter sus- ceptible of the best impressions. But, according to the usual fate of Princes who are called to the throne in their infancy, his education had been neglected. His private preceptors were more ready to flatter than to instruct him. It was the interest of those who governed the kingdom to prevent him from knowing too much. The Earl of Angus, in order to divert him from business, gave him an OF SCOTLAND. CI early taste for such pleasures as afterwards occu- pied and engrossed him more than became a King. Accordingly, we discover in James all the features of a great but uncultivated spirit. On the one hand, violent passions, implacable resentment, an immoderate desire of power, and the utmost rage at disappointment. On the other, love to his people, zeal for the punishment of private oppressors, con- fidence in his favourites, and the most engaging openness and affability of behaviour. What he himself had suffered from the exorbi- tant power of the nobles led him early to imitate his predecessors in their attempts to humble them. The plan he formed for that purpose was more pro- found, more systematic, and pursued with greater constancy and steadiness, than that of any of his ancestors : and the influence of the events in his reicn upon those of the subsequent period renders it necessary to explain his conduct at greater length, and to enter into a more minute detail of his ac- tions. He had penetration enough to discover those defects in the schemes adopted by former Kings, which occasioned their miscarriage. The examples of James I. had taught him that wise laws operate slowly on a rude people, and that the fierce spirit of the feudal nobles was not to be sub- dued by these alone. The effects of the violent measures of James II. convinced him that the op- pression of one great family is apt either to excite the suspicion and resentment of the other nobles, or to enrich with its spoils some new family, which would soon adopt the same sentiments, and become equally formidable to the crown. He saw, from the fatal end of James III. that neglect was still more intolerable to the nobles than oppression, and vol. i. G 62 THE HISTORY B. I. that the ministry of new men and favourites was both dishonourable and dangerous to a Prince. At the same time, he felt that the authority of the crown was not sufficient to counterbalance the power of the aristocracy, and that without some new accession of strength he could expect no better success in the struggle than his ancestors. In this extremity he applied himself to the clergy, hoping that they would both relish his plan, and concur, with all their influence, in enabling him to put it in execution. Under the feudal government, the church, being reckoned a third estate, had its re- presentatives in parliament; the number of these was considerable, and they possessed great influ- ence in that assembly. The superstition of former Kings, and the zeal of many ages of ignorance, had bestowed on ecclesiastics a great proportion of the national wealth ; and the authority which they acquired by the reverence of the people was superior even to that which they derived from their riches. This powerful body, however, depended entirely on the crown. The Popes, notwithstand- ing their attention to extend their usurpations, had neglected Scotland as a distant and poor kingdom, and permitted its Kings to exercise powers which they disputed with more considerable Princes. The Scottish monarchs had the sole right of nomi- nation to vacant bishoprics and abbeys 27 ; and James naturally concluded, that men who ex- pected preferment from his favour would be willing to merit it by promoting his designs. Happily for him, the nobles had not yet recovered the blow which fell on their order at Flowden ; and if we may judge either from their conduct or from the 27 Epist. Reg. Scot. i. 197, !.' tiie day to be swallowed up in profound medita- tion, and through the night he was disturbed with those visionary terrors which make impression upon a weak understanding only, or a disordered fancy. In order to revive the King's spirits, an inroad on the western borders was concerted by his minis- ters, who prevailed upon the barons in the neigh- bouring provinces to raise as many troops as were thought necessary, and to enter the enemy's coun- try. But nothing could remove the King's aver- sion to his nobility, or diminish his jealousy of their power. He would not even intrust them with the command of the forces which they had assembled ; that was reserved for Oliver Sinclair his favourite, who no sooner appeared to take possession of the dignity conferred upon him, than rage and indigna- tion occasioned a universal mutiny in the army. Five hundred English, who happened to be drawn up in sight, attacked the Scots in this disorder. Hatred to the King and contempt of their general produced an effect to which there is no parallel in history. They overcame the fear of death, and the love of liberty ; and ten thousand men fled before a number so far inferior, without striking a single blow. No man was desirous of a victory which would have been acceptable to the King and to his favourite ; few endeavoured to save themselves by flight; the English had the choice of what pri- soners they pleased to take; and almost every per- son of distinction who was engaged in the expedi- tion remained in their hands 29 . This astonishing 29 According to an account of this event in the Hamilton MSS. about thirty were killed, above a thousand were taken prisoners ; and among them a hundred and liftv persons of condition. Vol, ii. 2SG. The small number of the English prevented their taking wore prisoners. 70 THE HISTORY. B. I. event was a new proof to the King of the general disaffection of the nobility, and a new discovery of his own weakness and want of authority. Inca- pable of bearing these repeated insults, he found himself unable to revenge them. The deepest melancholy and despair succeeded to the furious transports of rage, which the first account of the rout of his army occasioned. All the violent pas- sions which are the enemies of life preyed upon his mind, and wasted and consumed a youthful and vigorous constitution. Some authors of that age impute his untimely death to poison ; but the dis- eases of the mind, when they rise to a height, are often mortal ; and the known effects of disappoint- ment, anger, and resentment upon a sanguine and impetuous temper sufficiently account for his un- happy fate. " His death (says Drummond) proveth his mind to have been raised to a high strain, and above mediocrity : he could die, but could not digest a disaster." Had James survived this mis- fortune, one of two things must have happened: either the violence of his temper would have en- gaged him openly to attack the nobles, who would have found in Henry a willing and powerful pro- tector, and have derived the same assistance from him which the malcontents, in the succeeding reign, did from his daughter Elizabeth; in that case, a dangerous civil war must have been the certain consequence. Or, perhaps, necessity might have obliged him to accept of Henry's offers, and be re- conciled to his nobility. In that event, the church would have fallen a sacrifice to their union ; a reformation, upon Henry's plan, would have been established by law ; a great part of the tempora- lities of the church would have been seized; and OF SCOTLAND. 71 the friendship of the King and barons would have been cemented by dividing 1 its spoils. Such were the efforts of our Kings towards re- ducing the exorbitant power of the nobles. If they were not attended with success, we must not for that reason conclude that they were not conducted with prudence. Every circumstance seems to have combined against the crown. Accidental events concurred with political causes, in rendering the best concerted measures abortive. The assassina- tion of one King, the sudden death of another, and the fatal despair of a third, contributed, no less than its own natural strength, to preserve the aris- tocracy from ruin. Amidst these struggles, the influence which our Kings possessed in their parliaments is a circum- stance seemingly inexplicable, and which merits particular attention. As these assemblies were composed chiefly of the nobles, they, we are apt to imagine, must have dictated all their decisions; but, instead of this, every King found them obse- quious to his will, and obtained such laws as he deemed necessary for extending his authority. All things were conducted there with dispatch and unanimity ; and in none of our historians do we find an instance of any opposition formed against the court in parliament, or mention of any difficulty in carrying through the measures which were agree- able to the Kin*;. In order to account for this singular fact, it is necessary to inquire into the origin and constitution of parliament. The genius of the feudal government, uniform in all its operations, produced the same effects in small as in great societies ; and the territory of a baron was, in miniature, the model of a kingdom. 72 THE HISTORY B. I. He possessed the right of jurisdiction ; but those who depended on him being free men, and not slaves, could be tried by their peers only ; and, therefore, his vassals were bound to attend his courts, and to assist both in passing and executing his sentences, When assembled on these occa- sions, they established, by mutual consent, such regulations as tended to the welfare of their small society ; and often granted, voluntarily, such sup- plies to their Superior as his necessities required. Change now a single name ; in place of baron sub- stitute king, and we behold a parliament in its first rudiments, and observe the first exertions of those powers which its members now possess as judges, as legislators, and as dispensers of the public reve- nues. Suitable to this idea, are the appellations of the King's Court 30 , and of the King's Great Coun- cil, by which parliaments were anciently distin- guished ; and suitable to this, likewise, were the constituent members of which it was composed. In all the feudal kingdoms, such as held of the King in chief were bound, by the condition of their tenure, to attend and to assist in his courts. Nor was this esteemed a privilege, but a service 31 . It was exacted likewise of bishops, abbots, and the greater ecclesiastics, who, holding vast posses- sions of the crown, were deemed subject to the same burden. Parliaments did not continue long in this state. Cities gradually acquired wealth, a considerable share of the public taxes were levied on them, the inhabitants grew into estimation, and, being enfranchised by the sovereign, a place in par- 30 Du Cange, voc. Curia. • 31 Du Cange, voc. [Taciturn, col. 519. Magna Charta, art. 14". Aet. Jac. I. 1425. cap. 52. OF SCOTLANF. 73 Uament was the consequence of their liberty, and of their importance. But as it would have been absurd to confer such a privilege, or to impose such a burden on a whole community, every borough was permitted to choose one or two of its citizens to appear in the name of the corporation ; and the idea of representation was first introduced in this manner. An innovation still more important na- turally followed. The vassals of the crown were originally few in number, and extremely powerful ; but as it is impossible to render property fixed and permanent, many of their possessions came, gra- dually, and by various methods of alienation, to be split and parceled out into different hands. Hence arose the distinction between the Greater and the Lesser Barons. The former were those who retained their original fiefs undivided, the latter were the new and less potent vassals of the crown. Both were bound, however, to perform all feudal services, and, of consequence, to give attendance in parliament. To the lesser barons, who formed no inconsiderable body, this was an intolerable grievance. Barons sometimes denied their tenure, boroughs renounced their right of electing, charters were obtained containing an ex- emption from attendance; and the anxiety with which our ancestors endeavoured to get free from the obligation of sitting in parliament is surpassed by that only with which their posterity solicit to be admitted there. In order to accommodate both parties at onee, to secure to the King a sufficient number of members in his great council, and to save his vassals from an unnecessary burden, an easy expedient was found out. The obligation to VOL. I. H 74 THE HISTORY B. I. personal attendance was continued upon the greater barons, from which the lesser barons were ex- empted, on condition of their electing in each county a certain number of representatives, to ap- pear in their name. Thus a parliament became complete, in all its members, and was composed of lords spiritual and temporal, of knights of the shires, and of burgesses. As many causes contri- buted to bring government earlier to perfection in England than in Scotland ; as the rigour of the feudal institutions abated sooner, and its defects were supplied with greater facility in the one king- dom than in the other ; England led the way in all these changes, and burgesses and knights of the shire appeared in the parliaments of that nation before they were heard of in ours. [1326] Bur- gesses were first admitted into the Scottish parlia- ments by Robert Bruce 32 ; and in the preamble to the laws of Robert TIL, they are ranked among the constituent members of that assembly. [1427] The lesser barons were indebted to James I. for a statute exempting them from personal attendance, and permitting them to elect representatives : the exemption was eagerly laid hold on ; but the privi- lege was so little valued that, except one or two instances, it lay neglected during one hundred and sixty years ; and James VI. first obliged them to send representatives regularly to parliament 33 . A Scottish parliament, then, consisted anciently *" great barons, of ecclesiastics, and a few repre- sentatives of boroughs. Nor were these divided 32 Abercromby, i. 635. 33 Essays on Brit. Antiq. Ess. II. Dalrymp. Hist, of Fead. Prop. ch. 8. OF SCOTLAND. 7o as in England into two houses, but composed one assembly, in which the Lord Chancellor presided 34 . In rude ages, when the science of government was extremely imperfect among a martial people, unac- quainted with the arts of peace, strangers to the talents which make a figure in debate, and de- spising them, parliaments were not held in the same estimation as at present; nor did haughty barons love those courts in which they appeared with such evident marks of inferiority. Parliaments were often hastily assembled, and it was, probably, in the King's power, by the manner in which he issued his writs for that purpose, to exclude such as were averse from his measures. At a time when deeds of violence were common, and the restraints of law and decency were little regarded, no man could venture with safety to oppose the King in his own court. The great barons, or lords of parliament, were extremely few ; even so late as the beginning of the reign of James VI. 35 , they amounted only to fifty-three. The ecclesiastics equaled them in number, and being devoted im- plicitly to the crown, for reasons which have been already explained, rendered all hopes of victory in 31 In England, the peers and commons seem early to have met in separate houses; and James I., who was fond of imitating the English in all their customs, had probably an intention of in- troducing some considerable distinction between the greater and lesser barons in Scotland ; at least he determined lhat their con- sultations should not be carried on under the direction of the same president ; for by his law, A. D. 1327, it is provided," that out of the commissioners of all the shires shall be chosen a wise and expert man, called the common speaker of the parliament, who shall propose all and sundry needs and causes pertaining to the commons in the parliament or general council." No such speaker, it would seem, was ever chosen ; and by a subsequent law the Chancellor was declared perpi tnal president of parliament. 35 And. Coll. vol.i. pre!. 10. 7<> THE HISTORY B. i. any struggle desperate. Nor were the nobles thenir selves so anxious as might be imagined, to prevent acts of parliament favourable to the royal preroga- tive: conscious of their own strength, and of the King's inability to carry these acts into execution without their concurrence, they trusted that they might either elude or venture to contemn them ; and the statute revoking the King's property, and annexing alienated jurisdictions to the crown, re- peated in every reign, and violated and despised as often, is a standing proof of the impotence of laws when opposed to power. So many concurring causes are sufficient, perhaps, to account for the ascendant which our Kings acquired in parliament. But, without having recourse to any of these, a single circumstance, peculiar to the constitution of the Scottish parliament, the mentioning of which we have hitherto avoided, will abundantly explain this fact, seemingly so repugnant to all our reason- ings concerning the weakness of the King, and the power of the nobles. As far back as our records enable us to trace the constitution of our parliaments, we find a com- mittee distinguished by the name of Lords of Arti- cles. It was their business to prepare and to digest all matters which were to be laid before the parlia- ment. There was rarely any business introduced into parliament, but what had passed through the channel of this committee ; every motion for a new law was first made there, and approved of or re- jected by the members of it; what they approved was formed into a bill, and presented to parliament ; and it seems probable, that what they rejected could not be introduced into the house. This com- mittee owed the extraordinary powers vested in it OF SCOTLAND, 77 to the military genius of the ancient nobles : too impatient to submit to the drudgery of civil busi- ness, too impetuous to observe the forms or to enter into the details necessary in conducting' it, they were glad to lay that burden upon a small number, while they themselves had no other labour than simply to give or to refuse their assent to the bills which were presented to them. The lords of articles, then, not only directed all the proceedings of parliament, but possessed a negative before de- bate. That committee was chosen and constituted in such a manner as to put this valuable privilege entirely into the King's hands. It is extremely probable, that our Kings once had the sole right of nominating the lords of articles 36 . They came af- terwards to be elected by the parliament, and con- sisted of an equal number out of each estate, and 36 It appears from authentic records, that a parliament was appointed to be held March 12, 15(i0, and that the lords of arti- cles were chosen and met on the 7th, five days before the assem- bling of parliament. If they could be regularly elected so long before the meeting of parliament, it is natural to conclude that the Prince alone possessed the right of electing them. There are two different accounts of the manner of their election at that time, one by Mary herself, in a letter to the Archbishop of Glas- gow : " \\ e, accompanied with our nobility for the time, past to the Tolbooth of Edinburgh, for holding of our parliament on the 7th day of this instant, and elected the lords articulars." If we explain these words according to the strict grammar, we must conclude that the Queen herself elected tliem. It is, however, more probable that Mary meant to say, that the nobles then pre- sent with her, viz. her privy counsellors and others, elected the lords of articles. Keith's Hist, of Scotland, p. I»:i!. The other account is Lord Ruthven's, who expressly allirms that the Queen herself elected them. Keith's Append. 120. Whether we em- brace the one or other of these opinions is of no consequence. If the privy counsellors and nobles attending the court had a right to elect the lords of articles, it was equally advantageous for the crown, as if the Prince had had the sole nomination of them. li 2 ft* THE HISTORY B. I. most commonly of eight temporal and eight spiritual lords, of eight representatives of boroughs, and of the eight great officers of the crown. Of this body, the eight ecclesiastics, together with the officers of the crown, were entirely at the King's devotion; and it was scarce possible that the choice could fall on such temporal lords and burgesses as would unite in opposition to his measures. Capable either of influencing their election, or of gaining them when elected, the King commonly found the lords of articles no less obsequious to his will than his own privy council ; and, by means of his authority with them, he could put a negative upon his parlia- ment before debate, as well as after it ; and, what may seem altogether incredible, the most limited Prince in Europe actually possessed, in one in- stance, a prerogative which the most absolute could never attain 37 . 37 Having deduced the history of the Committee of Lords of Articles as low as the subject of this preliminary book required, it may be agreeable, perhaps, to some of my readers, to know the subsequent variations in this singular institution, and the political use which our Kings made of these. When parliaments became more numerous, and more considerable by the admission of the representatives of the lesser barons, the preserving their influence over the lords of articles became, likewise, an object of greater importance to our Kings. James VI. on pretence that the lords of articles could not find leisure to consider the great multitude of affairs laid before them, obtained an act, ap- pointing four persons to be named out of each estate, who should meet twenty days before the commencement of parliament*, to receive all supplications, &c. and, rejecting what they thought frivolous, should engross in a book what they thought worthy the attention of the lords of articles. !So provision is made in the act for the choice of this select body ; and the King would, of course, have claimed that privilege. In 1633, when Charles I. was beginning to introduce those innovations which gave so much offence to the nation, he dreaded the opposition of his par- liament, and, in order to prevent that, an artifice was made use * Act I'll. P. 1594. OF SCOTLAND. 1U To this account of the internal constitution of Scotland, it will not be improper to add a view of the political state of Europe at that period, where the following- history commences. A thorough knowledge of that general system, of which every kingdom in Europe forms a part, is not less requi- site towards understanding the history of a nation than an acquaintance with its peculiar government and laws. The latter may enable us to comprehend domestic occurrences and revolutions ; but without the former, foreign transactions must be altogether of to secure the lords of articles for the crown. The temporal peers were appointed to choose eight bishops, and the bishops eight peers ; these sixteen met together, and elected eight knights of the shire, and eight burgesses, and to these the crown ollicers were added as usual. If we can only suppose eight persons of so numerous a body as the peers of Scotland were become by that time attached to the court, these, it is obvious, would be the men whom the bishops would choose, and of con- sequence the whole lords of articles were the tools and creatures of the King. This practice, so inconsistent with liberty, was abolished during the civil war; and the statute of James VI. was repealed. After the restoration, parliaments became more ser- vile than ever. What was only a temporary device, in the reign of Charles I. was then converted into a standing law. " For my part,' says the author from whom I have borrowed many of these particulars, " I should have thought it less criminal in our Re- storation Parliament, to have openly bestowed upon the King a negative before debate than, in such an underhand artificial manner, to betray their constituents and the nation." Essays on Brit. Antiq. 55. It is probable, however, from a letter of Randolph's to Cecil, 10 Aug. 1500, printed in the Appendix, that this parliament had some appearance of ancient precedent to justify their unworthy conduct. Various questions concerning the constituent members of the Scottish parliament ; concerning the era at which the representatives of boroughs were introduced into that assembly ; and concerning the origin and power of the committee of lords of articles, occur, and have been agitated with great warmth. Since the first publication of this work, all these disputed points have been considered with calmness and accuracy in Mr. Wight's Inquiry into the Rise and Progress of Parliament, Sec. 4to. edit. p. 17, &c. SO THE HISTORY B. I. mysterious and unintelligible. By attending to this, many dark passages in our history may be placed in a clear light; and where the bulk of historians have seen only the effect, we may be able to dis- cover the cause. The subversion of the feudal government in France, and its declension in the neighbouring kingdoms, occasioned a remarkable alteration in the political state of Europe. Kingdoms, which were inconsiderable when broken, and parceled out among nobles, acquired firmness and strength by being united into a regular monarchy. Kings be- came conscious of their own power and importance. They meditated schemes of conquest, and engaged in wars at a distance. Numerous armies were raised, and great taxes imposed for their subsist- ence. Considerable bodies of infantry were kept in constant pay; that service grew to be honourable; and cavalry, in which the strength of European armies had hitherto consisted, though proper enough for the short and voluntary excursions of barons who served at their own expense, were found to be unfit either for making or defending any important conquest. It was in Italy that the powerful monarchs of France and Spain and Germany first appeared to make a trial of their new strength. The division of that country into many small states, the luxury of the people, and their effeminate aversion to arms invited their more martial neighbours to an easy prey. The Italians, who had been accustomed to mock battles only, and to decide their interior quar- rels by innocent and bloodless victories, were asto- nished, wiien the French invaded their country, at the sight of real war ; and, as they could not resist OF SCOTLAND. S\ file torrent, they suffered it to take its course, and to spend its rage. Intrigue and policy supplied the want of strength. Necessity and self-preservation led that ingenious people to the great secret of mo- dern politics, by teaching them how to balance the power of one Prince, by throwing that of another into the opposite scale. By this happy device, the liberty of Italy was long preserved. The scales were poised by very skilful hands ; the smallest variations were attended to, and no Prince was allowed to retain any superiority that could be dangerous. A system of conduct, pursued with so much suc- cess in Italy, was not long confined to that country of political refinement. The maxim of preserving a balance of power is founded so much upon obvi- ous reasoning, and the situation of Europe rendered it so necessary, that it soon became a matter of chief attention to all wise politicians. Every step any Prince took was observed by all his neighbours. Ambassadors, a kind of honourable spies, autho- rized by the mutual jealousy of Kings, resided al- most constantly at every different court, and had it in charge to watch all its motions. Dangers were foreseen at a greater distance, and prevented with more ease. Confederacies were formed to humble any power which rose above its due proportion. Kf'venge or self-defence were no longer the only causes of hostility, it became common to take arms out of policy ; and war, both in its commencement and in its operations, was more an exercise of the judgment than of the passions of men. Almost every war in Europe became general, and the most inconsiderable states acquired importance, because they could add weight to either scale. 82 THE HISTORY B. I. Francis 1., who mounted the throne of France in the year one thousand five hundred and fifteen, and Charles V., who obtained the Imperial crown in the year one thousand five hundred and nineteen, divided between them the strength and affections of all Europe. Their perpetual enmity was not owing solely either to personal jealousy, or to the caprice of private passion, but was founded so much in nature and true policy that it subsisted between their posterity for several ages. Charles succeeded to all the dominions of the house of Austria. No family had ever gained so much by wise and fortu- nate marriages. By acquisitions of this kind, the Austrian Princes rose, in a short time, from obscure Counts of Hapsbourg, to be Archdukes of Austria and Kings of Bohemia, and were in possession of the Imperial dignity by a sort of hereditary right. Besides these territories in Germany, Charles was heir to the crown of Spain, and to all the dominions which belonged to the house of Burgundy. The Burgundian provinces engrossed, at that time, the riches and commerce of one half of Europe; and he drew from them, on many occasions, those im- mense sums, which no people without trade and liberty are able to contribute. Spain furnished him a gallant and hardy infantry, to whose discipline he was indebted for all his conquests. At the same time, by the discovery of the new world, a vein of wealth was opened to him, which all the extrava- gance of ambition could not exhaust. These advan- tages rendered Charles the first Prince in Europe ; but he wished to be more, and openly aspired to universal monarchy. His genius was of that kind which ripens slowly, and lies Long concealed ; but it grew up, without observation, to an unexpected OF SCOTLAND. 83 height and vigour. He possessed, in an eminent degree, the characteristic virtues of all the different races of Princes to whom he was allied. In form- ing his schemes, he discovered all the subtlety and penetration of Ferdinand his grandfather ; he pur- sued them with that obstinate and inflexible perse- verance which has ever been peculiar to the Austrian blood ; and in executing them he could employ the magnanimity and boldness of his Burgundian an- cestors. His abilities were equal to his power; and neither of them would have been inferior to his designs, had not Providence, in pity to mankind, and in order to preserve them from the worst of all evils, Universal Monarchy, raised up Francis I. to defend the liberty of Europe. His dominions were less extensive, but more united than the Emperor's. His subjects were numerous, active, and warlike, lovers of glory, and lovers of their King. To Charles, power was the only object of desire, and he pursued it with an unwearied and joyless industry. Francis could mingle pleasure and elegance with his ambi- tion ; and, though he neglected some advantages, which a more phlegmatic or more frugal Prince would have improved, an active and intrepid cou- rage supplied all his defects, and checked or de- feated many of the Emperor's designs. The rest of Europe observed all the motions of these mighty rivals with a jealous attention. On the one side, the Italians saw the danger which threatened Christendom, and, in order to avert it, had recourse to the expedient which they had often employed with success. They endeavoured to di- vide the power of the two contending monarchs into equal scales, and, by the union of several small 84 THE HISTORY B. i. states, to counterpoise him whose power became too great. But what they concerted with much wisdom, they were able to execute with little vigour; and intrigue and refinement were feeble fences against the encroachments of military power. On the other side, Henry VIII. of England held the balance with less delicacy, but with a stronger hand. He was the third Prince of the age in dig- nity and in power; and the advantageous situation of his dominions, his domestic tranquillity, his im- mense wealth and absolute authority rendered him the natural guardian of the liberty of Europe. Each of the rivals courted him with emulation ; he knew it to be his interest to keep the balance even, and to restrain both by not joining entirely with either of them. But he was seldom able to reduce his ideas to practice ; he was governed by caprice more than by principle ; and the passions of the man were an overmatch for the maxims of the Kino-. Vanity and resentment were the great springs of all his undertakings, and his neighbours easily found the way, by touching these, to force him upon many rash and inconsistent enterprises. His reign was a perpetual series of blunders in politics; and while he esteemed himself the wisest Prince in Europe, he was a constant dupe to those who found it necessary, and could submit to flatter him. In this situation of Europe, Scotland, which had hitherto wasted her strength in the quarrels between France and England, emerged from her obscurity took her station in the system, and began to have some influence upon the fate of distant nations. Her assistance was frequently of consequence to the contending parties, and the balance was oftei* OF SCOTLAND. 85' So nicely adjusted that it was in her power to make it lean to either side. The part assigned her, at this juncture, was to divert Henry from carrying his arms into the continent. That Prince having routed the French at Guinegat and invested Te- rouenne, Francis attempted to divide his forces, by engaging James IV. in that unhappy expedition which ended with his life. For the same reason Francis encouraged and assisted the Duke of Al- bany to ruin the families of Angus and Home, which were in the interest of England, and would willingly have persuaded the Scots to revenge the death of their King, and to enter into a new war with that kingdom. Henry and Francis having united not long after against the Emperor, it was the interest of both Kings that the Scots should continue inactive ; and a long tranquillity was the effect of their union. Charles endeavoured to break this, and to embarrass Henry by another inroad of the Scots. For this end he made great advances to James V., flattering the vanity of the young mo- narch by electing him a Knight of the Golden Fleece, and by otfering him a match in the Impe- rial family ; while, in return for these empty ho- nours, he demanded for him to renounce his alliance with France, and to declare war against England. But James, who had much to lose, and who could gain little by closing with the Fmperor's proposals, rejected them with decency, and, keeping firm to his ancient allies, left Henry at full liberty to act upon the continent with his whole strength. Henry himself began his reign by imitating the example of his ancestors with regard to Scotland. He held its power in such extreme contempt that he was at no pains to gain its friendship; but, on VOL. J. J 8G THE HISTORY B. I. the contrary, he irritated the whole nation, by re- viving the antiquated pretensions of the crown of England to the sovereignty over Scotland. But his own experience, and the examples of his ene- mies, gave him a higher idea of its importance. It was impossible to defend an open and extensive frontier against the incursions of an active and mar- tial people. During any war on the continent, this obliged him to divide the strength of his kingdom. It was necessary to maintain a kind of army of ob- servation in the north of England ; and, after all precautions, the Scottish borderers, who were su- perior to all mankind in the practice of irregular war, often made successful inroads, and spread terror and desolation over many counties. He fell, at last, upon the true secret of policy, with respect to Scotland, which his predecessors had too little penetration to discover, or too much pride to em- ploy. The situation of the country, and the bra- very of the people, made the conquest of Scotland impossible ; but the national poverty, and the vio- lence of faction, rendered it an easy matter to divide and to govern it. He abandoned, therefore, the former design, and resolved to employ his ut- most address in executing the latter. It had not yet become honourable for one Prince to receive pay from another, under the more decent name of a subsidy. But, in all ages, the same arguments have been good in courts, and of weight with mi- nisters, factious leaders, and favourites. AVhat were the arguments by which Henry brought over so many to his interest during the minority of James V. we know by the original warrant still extant 38 , for remitting considerable sums into Scot- 39 Barn. Hist. Rcf. vol. i. p.7. OF SCOTLAND. 87 land. By a proper distribution of these, many per- sons of note were gained to his party, and a faction, which held secret correspondence with England, and received all its directions from thence, appears henceforward in our domestic contests. In the se- quel of the history, we shall find Henry labouring to extend his influence in Scotland. His succes- sors adopted the same plan, and improved upon it. The affairs of the two kingdoms became inter- woven, and their interests were often the same. Elizabeth divided her attention almost equally be- tween them ; and the authority which she inherited iu the one was not greater than that which she acquired in the other. THE HISTORY OF SCOTLAND, BOOK II. 1542. Mary, Queen of Scots, the daughter of James V. and Mary of Guise, was born [Dec. 8], a few days before the death of her father. The situation in which he left the kingdom alarmed all ranks of men with the prospect of a turbulent and disastrous reign. A war against England had been undertaken without necessity, and carried on without success. Many persons of the first rank had fallen into the hands of the English, in the unfortunate rout near the frith of Sol way, and were still prisoners at London. — Among the rest of the nobles there was little union either in their views or in their affections ; and the religious disputes, occasioned by the opinions of the Reformers, growing every day more violent, added to the rage of those factions which are natural to a form of government nearly aristocratical. The government of a Queen was unknown in Scotland, and did not imprint much reverence in the mrnds of a martial people. The government of an infant Queen was still more destitute of real authority ; and the prospect of a long and feeble .minority invited to faction by the hope of impunity. lo42. HISTORY OF SCOTLAND. 80 James had not even provided the common remedy against the disorders of a minority, by committing to proper persons the care of his daughter's educa- tion, and the administration of affairs in her name. Though he saw the clouds gathering, and foretold that they would quickly burst into a storm, he was so little able to disperse them, or to defend his daughter and kingdom against the imminent cala- mities, that, in mere despair, he abandoned them both to the mercy of fortune, and left open to every pretender the office of Regent, which he could not fix to his own satisfaction. Cardinal Beatoun, who had for many years been considered as prime minister, was the first that claimed that high dignity ; and, in support of his pretensions, he produced a testament 1 , which he himself had forged in the name of the late King ; and, without any other right, instantly assumed the title of Regent. He hoped by the assistance of the clergy, the countenance of France, the connivance of the Queen Dowager, and the support of the whole Popish faction, to hold by force what he had seized on by fraud. But Beatoun had enjoyed power too long to be a favourite of the nation. — Those among the nobles who wished for a refor- mation in religion dreaded his severity, and others considered the elevation of a churchman to the highest office in the kingdom as a depression of themselves. At their instigation, James Hamilton Earl of Arran, and next heir to the Queen, roused himself from his inactivity, and was prevailed on to aspire to that station to which proximity of blood gave him a natural title. The nobles, who were assembled for that purpose, unanimously conferred 1 Saddler's Lett. 101. Haines, State Papers, 48G. 1 '2 DO THE HISTORY B. II. on him the office of Regent; and the public voice applauded their choice 2 . No two men ever differed more widely in dispo- sition and character than the Earl of Arran and Cardinal Beatoun. The Cardinal was by nature of immoderate ambition : by long experience he had acquired address and refinement ; and insolence grew upon him from continual success. His high station in the church placed him in the way of great civil employments ; his abilities were equal to the greatest of these : nor did he reckon any of them to be above his merit. As his own eminence was founded upon the power of the church of Rome, he was a zealous defender of that superstition, and for the same reason an avowed enemy to the doctrine of the Reformers. Political motives alone deter- mined him to support the one or to oppose the other. His early application to public business kept him unacquainted with the learning and con- troversies of the age; he gave judgment, however, upon all points in dispute, with a precipitancy, vio- lence, and rigour, which contemporary historians mention with indignation. The character of the Earl of Arran was, in al- most every thing, the reverse of Beatoun's. He was neither infected with ambition nor inclined to cruelty : the love of ease extinguished the former, the gentleness of his temper preserved him from the latter. Timidity and irresolution were his predomi- nant failings ; the one occasioned by his natural constitution, and the other arising from a consci- ousness that his abilities were not equal to his sta- tion. With these dispositions he might have en- joyed and adorned private life : but his public con- - Epist. Reg. Scot. vol. ii. p. 308. 1542. OF SCOTLAND. 01 duct was without courage, or dignity, or consist- ence ; the perpetual slave of his own fears, and, by consequence, the perpetual tool of those who found their advantage in practising upon them. But, as no other person could be set in opposition to the Cardinal, with any probability of success, the na- tion declared in his favour with such general con- sent that the artifices of his rival could not with- stand its united strength. The Earl of Arran had scarce taken possession of his new dignity, when a negotiation was opened with England, which gave birth to events of the most fatal consequence to himself and to the king- dom. After the death of James, Henry VIII. was no longer afraid of any interruption from Scotland to his designs against France ; and immediately conceived hopes of rendering this security perpe- tual; by the marriage of Edward his only son with the young Queen of Scots. He communicated his intentions to the prisoners taken at Solway, and prevailed on them to favour it, by the promise of liberty, as the reward of their success. In the mean time he permitted them to return into Scot- land, that, by their presence in the parliament which the Regent had called, they might be the better able to persuade their countrymen to fall in with his proposals. A cause intrusted to such able and zealous advocates, could not well miss of com- ing to a happy issue. All those who feared the Cardinal, or who desired a change in religion, were fond of an alliance, which afforded protection to the doctrine which they had embraced, as well as to their own persons, against the rage of that power- ful and haughty prelate. But Henry's rough and impatient temper was J)2 THE HISTORY B. IT. incapable of improving this favourable conjuncture. Address and delicacy in managing the fears, and follies, and interests of men were arts with which he was utterly unacquainted. The designs he had formed upon Scotland were obvious from the mar- riage which he had proposed, and he had not dex- terity enough to disguise or to conceal them. In- stead of yielding to the fear or jealousy of the Scots, what time and accident would soon have enabled him to recover, he at once alarmed and irritated the whole nation, by demanding that the Queen's per- son should be immediately committed to his cus- tody, and that the government of the kingdom should be put into his hands during her minority. Henry could not have prescribed more ignomi- nious conditions to a conquered people, and it is no wonder they were rejected, with indignation, by men who scorned to purchase an alliance with England at the price of their own liberty. [1543] The parliament of Scotland, however, influenced by the nobles who returned from England ; desir- ous of peace with that kingdom ; and delivered, by the Regent's confining the Cardinal as a prisoner, from an opposition to which he might have given rise ; consented to a treaty of marriage and of union, but upon terms somewhat more equal [March 12]. After some dark and unsuccessful intrigues, by which his ambassador endeavoured to carry off the young Queen and Cardinal Beatoun into England, Henry was obliged to give up his own proposals, and to accept of theirs. On his side he consented that the Queen should continue to reside in Scot- land, and himself remain excluded from any share in the government of the kingdom. On the other hand, the Scots agreed to send their Sovereign into 1543. OF SCOTLAND. 1)3 England as soon as she attained the full age of ten years, and instantly to deliver six persons of the first rank to be kept as hostages by Henry till the Queen's arrival at his court. The treaty was still so manifestly of advantage to England that the Regent lost much of the pub- lic confidence by consenting to it. The Cardinal, who had now recovered liberty, watched for such an opportunity of regaining credit, and he did not fail to cultivate and improve this to the utmost, He complained loudly that the Regent had be- trayed the kingdom to its most inveterate enemies, and sacrificed its honour to his own ambition. He foretold the extinction of the true Catholic religion, under the tyranny of an excommunicated heretic ; but, above all, he lamented to see an ancient king- dom consenting to its own servitude, descending into the ignominious station of a dependent pro- vince ; and, in one hour, the weakness or treachery of a single man surrendering every thing for which the Scottish nation had struggled and fought during so many ages. These remonstrances of the Cardi- nal were not without effect. They were addressed to prejudices and passions which are deeply rooted in the human heart. The same hatred to the an- cient enemies of their country, the same jealousy of national honour, and pride of independence, which, at the beginning of the present century, went, near to prevent the Scots from consenting to a union with England, upon terms of great advantage, did, at that time, induce the whole nation to declare against the alliance which had been concluded. In the one period, a hundred and fifty years of peace between the two nations, the habit of being sub- jected to the same. King, and governed by the sunn; 94 THE HISTORY . B. II. maxims, had considerably abated old animosities, and prepared both people for incorporating. In the other, injuries were still fresh, the wounds on both sides were open, and, in the warmth of resent- ment, it was natural to seek revenge, and to be averse from reconcilement. At the Union in one thousand seven hundred and seven, the wisdom of Parliament despised the groundless murmurs occa- sioned by antiquated prejudices; but in one thou- sand five hundred and forty-three, the complaints of the nation were better founded, and urged with a zeal and unanimity, which it is neither just nor safe to disregard. A rash measure of the English Monarch added greatly to the violence of this na- tional animosity. The Scots, relying on the treaty of marriage and union, fitted out several ships for France, with which their trade had been interrupted for some time. These were driven by stress of weather to take refuge in different ports of Eng- land ; and Henry, under pretext that they were carrying provisions to a kingdom with which he was at war, ordered them to be seized and condemned as lawful prizes 3 . The Scots, astonished at this proceeding of a Prince whose interest it was mani- festly at that juncture to court and to sooth them, felt it not only as an injury but as an insult, and expressed all the resentment natural to a high- spirited people 4 . Their rage rose to such an 3 Keith, 32. 31. Epist. Reg. Scot. ii. App. 311. Hamilton MSS. vol.i. p. 389. * In the MS. Collection of Papers belonging to the Duke of Hamilton, Sir Ralph Sadler describes the spirit of the Scots as extremely outrageous. In his letter from Edinburgh, Septem- ber 1, 1513, he says : " The stay of the ships has brought the people of this town, both men and women, and especially the merchants, into such a rage and fury that the whole towu is com- 1543. OF SCOTLAND. 0"» height, that the English ambassador could hardlv be protected from it. One spirit seemed now to animate all orders of men. The clergy offered to contribute a great sum towards preserving the church from the dominion of a Prince, whose sys- tem of reformation was so fatal to their power. The nobles, after having- mortified the Cardinal so lately in such a cruel manner, were now ready to applaud and to second him, as the defender of the honour and liberty of his country. Argyll, Huntly, Bothwell, and other powerful barons declared openly against the alliance with England. By their assistance, the Cardinal seized on the persons of the young Queen and her mother, and added to his party the splendour and authority of the royal name 5 . He received, at the same time, a more real accession to his strength, by the arrival of Matthew Stewart Earl of Lennox, whose mover! against me, and swear great oaths, if their ships are not restored, that they would have their amends of me and mine, and that they would set my house here on lire over mv head, so that one of us should not escape alive ; and also it hath much incensed and provoked the people against the governor, saying, that he hath coloured a peace with Your Majesty onlv to undo them. — This is the unreasonableness of the people which live here in such a beastly liberty that they neither regard God nor governor ; nor yet justice, or any good policy, doth take place among them ; assuring Your Highness that, unless the ships be delivered, there will be none abiding here for me without danger." Vol. i. 451,. In his letter of September 5, he writes that the rage of the peo- ple still continued so violent, " that neither I nor any of my folks dare go out of my doors; and the provost of the town, who hath much ado to stay them from assaulting me in my house, and keep- eth watch therefore nightly, hath sent to me sundry times, and prayed me to keep myself and my folks within, for it is scant in his power to repress or resist the fury of the people. They say plainly, I shall never pass out of the town alive, except they have their ships restored. This is the rage and beastliness of this na- tion, which God keep all honest men from." lb. 471. i Keith's Hist, of Scotl. 30. DO THE HiSTORY B. If. return from France he had earnestly solicited. — - This young nobleman was the hereditary enemy of the house of Hamilton. He had many claims upon the Regent, and pretended a right to exclude him, not only from succeeding to the crown, but to deprive him of the possession of his private fortune. The Cardinal flattered his vanity with the prospect of marrying the Queen Dowager, and affected to treat him with so much respect that the Regent became jealous of him as a rival in power. This suspicion was artfully heightened by the Abbot of Paisley, who returned into Scotland some time before the Earl of Lennox, and acted in con- cert with the Cardinal. He was a natural brother of the Regent, with whom he had great credit; a warm partisan of France, and a zealous defender of the established religion. He took hold of the Regent by the proper handle, and endeavoured to bring about a change in his sentiments by working upon his fears. The desertion of the nobility, the disaffection of the clergy, and the rage of the peo- ple ; the resentment of France, the power of the Cardinal, and the pretensions of Lennox, were all represented with aggravation, and with their most threatening aspect. Meanwhile, the day appointed for the ratifica- tion of the treaty with England, and the delivery of the hostages approached, and the Regent was still undetermined in his own mind. He acted to the last with that irresolution and inconsistence which is peculiar to w r eak men when they are so unfortunate as to have the chief part in the conduct of difficult affairs. On the 25th of August he ra- tified a treaty with Henry 6 , and proclaimed the Cardinal, who still continued to oppose it, an enemy 6 Rymer, Ford, xv. p. 4- 1543. OF SCOTLAND. 9? to his country. On the third of September he se- cretly withdrew from Edinburgh, met with the Car- dinal at Callendar, renounced the friendship of Eng- land, and declared for the interests of France". Henry, in order to gain the Regent, had not spared the most magnificent promises. He had offered to give the Princess Elizabeth in marriage to his eldest son, and to constitute him King of that part of Scotland which lies beyond the river Forth. But upon finding his interest in the king- dom to be less considerable than he had imagined, the English Monarch began to treat him with little respect. The young Queen was now in the cus- tody of his enemies, who grew every day more numerous and more popular. They formed a se- parate court at Stirling, and threatened to elect another Regent. The French King was ready to afford them his protection, and the nation, out of hatred to the English, would have united in their defence. In this situation the Regent could not retain his authority without a sudden change of his measures; and though he endeavoured, by ratify- ing the treaty, to preserve the appearances of good faith with England, he was obliged to throw him- self into the arms of the party which adhered to France. Soon after this sudden revolution in his political principles, the Regent changed his sentiments con- cerning religion. The spirit of controversy was then new and warm ; books of that kind were eagerly read by men of every rank ; the love of novelty, or the conviction of truth, had led the Regent to express great esteem for the writings of the Reformers; and having been powerfully sup 1 Sadler, 339. 356. Hamilton MSS. i. 470, &c. VOL. I. K 98 THE HISTORY B. II. ported by those who had embraced their opinions, he, in order to gratify them, entertained, in his own family, two of the most noted preachers of the Pro- testant doctrine, and, in his first parliament, con- sented to an act, by which the laity were permitted to read the scriptures in a language which they un- derstood 8 . Truth needed only a fair hearing to be an overmatch for error. Absurdities, which had long imposed on the ignorance and credulity of mankind, were detected and exposed to public ridi- cule ; and, under the countenance of the Regent, the Reformation made great advances. The Cardinal observed its progress with concern, and was at the utmost pains to obstruct it. He represented to the Regent his great imprudence in giving encourage- ment to opinions so favourable to Lennox's preten- sions ; that his own legitimacy depended upon the validity of a sentence of divorce, founded on the Pope's authority ; and that by suffering it to be called in question, he weakened his own title to the succession, and furnished his rival with the only argument by which it could be rendered doubtful 9 . These insinuations made a deep impression on the Regent's timorous spirit, who, at the prospect of 8 Keith, p. 36, 37. 9 The pretensions of the Earl of Lennox to the succession were thus founded. Mary, the daughter of James II. was married \o James Lord Hamilton, whom James III. created Earl of Arran on that account. Elizabeth, a daughter of that marriage, was the wife of Matthew Earl of Lennox, and the present Earl was her grandson. The Regent was likewise the grandson of the Princess Mary. But his father having married Janet Beatoun the Regent's mother, after he had obtained a divorce from Elizabeth Home his former wife, Lennox pretended that the sentence of divorce was unjust, and that the Regent, being born while Elizabeth Home was still alive, ought to be considered as illegitimate. Crawf. Peer. 192. 1543. OF SCOTLAND. 99 such imaginary danger, was as much startled as the Cardinal could have wished; and his zeal for the Protestant religion was not long proof against his fear. He publicly abjured the doctrine of the Re- formers in the Franciscan church at Stirling, and declared not only for the political but the religious opinions of his new confidents. The Protestant doctrine did not suffer much by his apostasy. It had already taken so deep root in the kingdom that no discouragement or severity could extirpate it. The Regent indeed consented to every thing that the zeal of the Cardinal thought necessary for the preservation of the established religion. The Reformers were persecuted with all the cruelty which superstition inspires into a bar- barous people. Many were condemned to that dreadful death which the church has appointed for the punishment of its enemies; but they suffered with a spirit so nearly resembling the patience and fortitude of the primitive martyrs that more were converted than terrified by such spectacles. The Cardinal, however, was now in possession of every thing his ambition could desire ; and ex- ercised all the authority of a Regent, without the envy of the name. He had nothing to fear from the Earl of Arran, who, having by his inconsistency forfeited the public esteem, was contemned by one half the nation, and little trusted by the other. — The pretensions of the Earl of Lennox were the only thing which remained to embarrass him. He had very successfully made use of that nobleman to work upon the Regent's jealousy and fear; but as he no longer stood in need of such an instru- ment, he was willing to get rid of him with decency. Lennox soon began to suspect his intention ; pro- *i.00 THE HISTORY B. II. mises, flattery, and respect were the only returns he had hitherto received for substantial services : but at last the Cardinal's artifices could no longer be concealed, and Lennox, instead of attaining power and dignity himself, saw that he had been employed only to procure these for another. Re- sentment and disappointed ambition urged him to seek revenge on that cunning prelate, who, by sa- crificing his interest, had so ungenerously purchased the Earl of Arran's friendship. He withdrew, for that reason, from court, and declared for the party at enmity with the Cardinal, which, with open arms, received a convert who added so much lustre to their cause. The two factions which divided the kingdom were still the same, without any alterations in their views or principles; but, by one of those strange revolu- tions which were frequent in that age, they had in the course of a few weeks changed their leaders. The Regent was at the head of the partisans of France and the defenders of popery, and Lennox in the same station with the advocates for the Eng- lish alliance and a reformation in religion. The one laboured to pull down his own work, which the other upheld with the same hand that had hitherto endeavoured to destroy it. Lennox's impatience for revenge got the start of the Cardinal's activity. He surprised both him and the Regent by a sudden march to Edinburgh with a numerous army ; and might easily have crushed them before they could prepare for their defence. But he was weak enough to listen to pro- posals for an accommodation ; and the Cardinal nimised him so artfully, and spun out the treaty to BUcb a length, that the greater part of the Earl's 1-543. OF SCOTLAND. 101 troops, who served, as is usual wherever the feudal institutions prevailed, at their own expense, de- serted him ; and in concluding a peace, instead of giving the law, he was obliged to receive it. A second attempt to retrieve his affairs ended yet more unfortunately. One body of his troops was cut to pieces, and the rest dispersed ; and with the poor remains of a ruined party, he must either have submitted to the conqueror, or have fled out of the kingdom, if the approach of an English army had not brought him a short relief. Henry was not of a temper to bear tamely the indignity with which he had been treated, both by the Regent and Parliament of Scotland, who, at the time when they renounced their alliance with him, had entered into a new and stricter confede- racy with France. The rigour of the season re- tarded for some time the execution of his ven- geance. But, in the spring [l->44], a considerable body of infantry, which was destined for France, received orders to sail for Scotland, and a proper number of cavalry was appointed to join it by land. The Regent and Cardinal little expected x such a visit. Thev had trusted that the French war would •I find employment for all Henry's forces, and, from an unaccountable security, were wholly unprovided for the defence of the kingdom. The Earl of Hert- ford, a leader fatal to the Scots in that age, com- manded his army, and landed it, without opposi- tion, a few miles from Leith. He was quickly master of that place [May 3] ; and, marching di- rectly to I'Minburgh, entered it with the same ease. After plundering the adjacent country, the richest and most open in Scotland, he set on fire both these towns, and, upon the approach of some troops ga- k 2 11*2 THE HISTORY B. II. thered together by the Regent, put his booty on board the fleet, and with his land forces retired safely to the English borders ; delivering the king- dom in a few days from the terror of an invasion, concerted with little policy, carried on at great ex- pense, and attended with no advantage. If Henry aimed at the conquest of Scotland, he gained no- thing by this expedition ; if the marriage he had proposed was still in his view, he lost a great deal. Such a rough courtship, as the Earl of Huntly hu- morously called it, disgusted the whole nation ; their aversion for the match grew into abhorrence ; and, exasperated by so many indignities, the Scots were never at any period more attached to France, or more alienated from England 10 . 10 The violence of national hatred between the English and Scots in the sixteenth century was such as can hardly be conceived by their posterity. A proof of the fierce resentment of the Scots is contained in the note on pages 94 and 95. The instructions of the Privy Council of England to the Earl of Hertford, who commanded the fleet and army which invaded Scotland, A. D. 1544, are dictated by national animosity no less excessive. I found them in the collection of papers belonging to the Duke of Hamilton, and they merit publication, as they exhibit a striking picture of the spirit of that period. The Lords of the Council to the Earl of Hertford, Lieutenant in Scotland, April 10, 1544. The instruction begins with observing, that the King had origi- nally intended to fortify Leith and keep possession of it ; but, after mature deliberation, he had finally determined not to make any settlement in Scotland at present, and therefore he is directed not to make any fortification at Leith, or any other place : " But only for that journey to put all to fire and sword, burn Edinburgh town, so used and defaced, that when you have gotten what you can of it, it may remain for ever a perpetual memory of the vengeance of God lightened upon it, for their falsehood and disloyalty. Do what you can out of hand, and without long tar- l \ing to beat down or overthrow the castle ; sack all the houses and as many towns and villages about Edinburgh as ye may con- veniently. Sack Leith, and subvert it, and all the rest, putting 1,'>44. OF SCOTLAND. 108 The Earl of Lennbx alone, in spite of the Re- gent and French King, continued a correspondence with England, which ruined his own interest, with- out promoting Henry's . Many of his own vas- sals, preferring their duty to their country before their affection to him, refused to concur in any design to favour the public enemy. After a few feeble and unsuccessful attempts to disturb the Regent's administration, he was obliged to fly for safety to the court of England, where Henry re- warded services which he had the inclination but not the power to perform, by giving him in marri- age his niece the Lady Margaret Douglas. This unhappy exile, however, was destined to be the man, woman, and cliild to fire and sword, without exception, when any resistance shall be made against you ; and this done, pass over to the Fifeland, and extend like extremities and de- struction to all towns and villages whereuuto you may reach con- veniently ; not forgetting, amongst all the rest, so to spoil and turn upside down the Cardinal's town of St. Andrew's as the up- per sort may be the nether, and not one stoke stand upon another, sparing no creature alive within the same, specially such as either in friendship or blood be allied unto the Cardinal ; and if ye see any likelihood to win the castle, give some stout essay to the same, if it be your fortune to get it, raze and destroy it piece- meal ; and after this sort, .spending one month there, spoiling and destroying as aforesaid, with the wise foresight that His Majesty doubteth not ye will use that your enemies take no advantage of you, and that you enterprise nothing but what you shall see may be easily achieved, His Majesty thinkelh verily, and so all we, ye shall lind this journey succeedeth this way most to His Ma- jesty's honour," &c. These barbarous orders seem to have been executed with a rigorous and unfeeling exactness, as appears from a series of let- ters from Lord Hertford, in the same collection, giving a full account of all his operations in Scotland. They contain several curious particulars, not mentioned by the writers of that age, and with which both the historians of the city of Edinburgh were un- acquainted : but they are of too great length to be inserted here. 11 Kyincr, xv. p. 22. 104 THE HISTORY B. II. father of a race of Kings. He saw his son Lord Darnly mount the throne of Scotland, to the per- petual exclusion of that rival who now triumphed in his ruin. From that time his posterity have held the sceptre in two kingdoms, by one of which he was cast out as a criminal, and by the other received as a fugitive. Meanwhile hostilities were continued by both nations, but with little vigour on either side. The historians of that age relate minutely the circum- stances of several skirmishes and inroads, which, as they did not produce any considerable effect, at this distance of time deserve no remembrance 12 . 12 Though this war was distinguished by no important or de- cisive action, it was, however, extremely ruinous to individuals. There still remain two original papers, which give us some idea of the miseries to which some of the most fertile counties in the kingdom were exposed by the sudden and destructive incur- sions of the borderers. The first seems to be the report made to Henry bj the English wardens of the marches for the year 1544, and contains their exploits from the 2d of July to the 17th of November. The account it gives of the different inroads, or forrays as they are called, is very minute ; and in conclusion, the sum total of mischief they did is thus computed : Towns, towers, stedes, barnekyns, parish churches, bastel-houses, cast down or burnt 192 Scots slain 403 Prisoners taken 816 Nolt, i. e. horned cattle, taken 10,386 Sheep 12,492 Nags and geldiugs 1,296 Goats 200 Bolls of corn 850 Insight gear, i. e. household furniture, not reckoned. Haynes's State Papers, 43. The other contains an account of an inroad by the Earl of Hert- ford, between the 8th and 23d of September, 1545 : the narra- tive is more general, but it appears that he had burnt, rased, and destroyed, in the counties of Berwick and Roxburgh only, Monasteries and friar-houses 7 Castles, towers, and piles 16 1544. OF SCOTLAND. 105 At last an end was put to this languid and inactive war, by a peace, in which England, France, and Scotland were comprehended. Henry laboured to exclude the Scots from the benefit of this treaty, and to reserve them for that vengeance which his attention to the affairs of the continent had hitherto delayed. But although a peace with England was of the last consequence to Francis I., whom the Emperor was preparing to attack with all his forces, he was too generous to abandon allies who had served him with fidelity, and he chose rather to purchase Henry's friendship with disadvantage to himself than to leave them exposed to danger. By yielding some things to the interest, and more to the vanity of that haughty Prince ; by submission, bat- tery, and address, he at length prevailed to have the Scots included in the peace agreed upon. An event which happened a short time before the conclusion of this peace rendered it more ac- ceptable to the whole nation. Cardinal Beatoun had not used his power with moderation equal to the prudence by which he attained it. Notwith- standing his great abilities, he had too many of the passions and prejudices of an angry leader of a fac- tion to govern a divided people with temper. His resentment against one party of the nobility, his insolence towards the rest, his severity to the Re*- Market towns 5 Villages 243 Milns 13 Hospitals 3 All these were cast clown or burnt. Haynes, 52. As the Scots were no less skilful in the practice of irregular war, we may conclude that the damage which they did in England wan not inconsiderable ; and that their raids were no less wasteful mi.iu ihe f arrays of the English. 106 THE HISTORY B. II. formers, and, above all, the barbarous and illegal execution of the famous George Wishart, a man of honourable birth and of primitive sanctity, wore out the patience of a tierce age ; and nothing but a bold hand was wanting to gratify the public wish by his destruction. Private revenge, inflamed and sanc- tified by a false zeal for religion, quickly supplied this want. Norman Lesly, the eldest son of the Earl of Rothes, had been treated by the Cardinal with injustice and contempt. It was not the tem- per of the man, or the spirit of the times, quietly to digest an affront. As the profession of his adver- sary screened him from the effects of what is called an honourable resentment, he resolved to take that satisfaction which he could not demand. This re- solution deserves as much censure as the singular courage and conduct with which he put it in exe- cution excite wonder. The Cardinal at that time resided in the castle of St. Andrew's, which he had fortified at great expense, and, in the opinion of the age, had rendered it impregnable. His retinue was numerous, the town at his devotion, and the neigh- bouring country full of his dependents. In this situation, sixteen persons undertook to surprise his castle, and to assassinate himself; and their suc- cess was equal to the boldness of the attempt. [May 20, 1546.] Early in the morning they seized on the gate of the castle, which was set open to the workmen who were employed in finishing the forti- fications ; and having placed sentries at the door of the Cardinal's apartment, they awakened his nume- rous domestics one by one ; and turning them out of the castle, they without noise or tumult, or vio- lence to any other person, delivered their country, though by a most unjustifiable action, from an am- lo4G. OF SCOTLAND. 107 bitious man, whose pride was insupportable to the nobles, as his cruelty and cunning were great checks to the Reformation. His death was fatal to the Catholic religion, and to the French interest in Scotland. The same zeal for both continued among a great party in the na- tion, but, when deprived of the genius and authority of so skilful a leader, operated with less effect. Nothing can equal the consternation which a blow so unexpected occasioned among such as were at- tached to him; while the Regent secretly enjoyed an event which removed out of his way a rival, who had not only eclipsed his greatness but almost extinguished his power. Decency, however, the honour of the church, the importunity of the Queen Dowager and her adherents, his engagements with Trance, and, above all these, the desire of recover- ing his eldest son, whom the Cardinal had detained for some time at St. Andrew's in pledge of his fide- lity, and who, together with the castle, had fallen into the hands of the conspirators, induced him to take arms in order to revenge the death of a man whom he hated. He threatened vengeance, but was unable to execute it. One part of military science, the art of attacking fortified places, was then imperfectly un- derstood in Scotland. The weapons, the discipline, and impetuosity of the Scots, rendered their armies as unfit for sieges as they were active in the field. A hundred and fifty men, which was the greatest number the conspirators ever assembled, resisted all the efforts of the Regent for five months ,;5 , in a place which a single battalion, with a few battering cannon, would now reduce in a few hours. This 13 Epist. Reg. Scot. 2. 370. 108 THE HISTORY B. II. tedious siege was concluded by a truce. The Re- gent undertook to procure for the conspirators an absolution from the Pope, and a pardon in parlia- ment; and upon obtaining these, they engaged to surrender the castle, and to set his son at liberty. It is probable, that neither of them was sincere in this treaty. On both sides they sought only to amuse, and to gain time. The Regent had applied to France for assistance, and expected soon to have the conspirators at mercy. On the other hand, if Lesly and his associates were not at first incited by Henry to murder the Cardinal, they were in the sequel powerfully supported by him. Not- withstanding the silence of contemporary historians, there are violent presumptions of the former ; of the latter there is undoubted certainty 14 . During the siege, the conspirators had received from England supplies both of money and provisions ; and as Henry was preparing to renew his proposals con- cerningthe marriage and the union he had projected, and to second his negotiations with a numerous army, they hoped, by concurring with him, to be in a situation in which they would no longer need a pardon, but might claim a reward 15 . 14 Keith, 60. 15 In the first edition of this work, I expressed my suspicion" of a correspondence between the murderers of Cardinal Beatoun and Henry VIII., prior to their committing that crime. In the papers of Duke Hamilton is contaiued the clearest evidence of this, which I publish not only to establish that fact, but as an additional coniirmation of the remarks which I made upon the frequency of assassination in that age, and the slight opinion which men entertained concerning it. The Earl of Hertford to the King's Majesty, Newcastle, April 17, 1544. Pleaseth Your Highness to understand, that this day arrived with me the Earl of Hertford, a Scottishman called Wishart, and |547. OF SCOTLAND. 100 Jan. 28, 1547.] Tin- death of Henry blasted al! these hopes. It happened in the beginning of next year, after a reign of greater splendour than true glory; bustling, rather than active; oppressive in domestic government, and in foreign politics wild and irregular. But the vices of this Prince were more beneficial to mankind than the virtues of others. His rapaciousness, his profusion, and even his tyranny, by depressing the ancient nobility, and by adding new property- and power to the Com- mons, laid or strengthened the foundations of the English liberty. His other passions contributed no less towards the downfal of popery, and the esta- blishment of religious freedom in the nation. His resentment led him to abolish the power, and his covetousness to seize the wealth, of the church ; broaght me a letter from the Lord of Brinstone [id e. Crichton Laird of Brunstan] which I send Your Highness herewith, and, according to his request, have taken order for the repair of the said Wishart to Your Majesty by post, both for the delivery of such letters as he hath to Your Majesty from the said Brinstone, and also for the declaration of his credence, which as I perceive by him consisteth in two points, one that the Lord of Grange, late Treasurer of Scotland, the Master of Rothes, the Earl of Rothes' eldest son, and John Charteris, would attempt either to apprehend or slay the Cardinal, at some time when he shall pass through the Fifeland, as he doth sundry times in his way to St. Andrew's, and in case they can so apprehend him will deli- ver him unto Your Majesty, which attemplate, he saith, they would enterprise, it' they knew Your Majesty's pleasure therein, and what supportation and maintenance Your Miijesty would minister unto them, after the execution of the same, in case they should be pursued by any of their enemies ; the other is, that in case Your Majesty would grant unto them a convenient enter- tainment to keep 1000 or 1500 men in wages for a month or two, they journeying with the power of the Earl Marshal, the said M r of Rothes, the Laird of Calder, and the other the Lord friends, will take upon them, at such time as your Ma- jesty's army shall be in Scotland, to destroy the abhey and town of Arbroath, being the Cardinal's, and all the other Bishops VOL. T. L 110 THE HISTORY B. II. and by withdrawing- these supports, made it easy, in the following reign, to overturn the whole fabric of superstition. Francis I. did not long survive a Prince who had been alternately his rival and his friend; but his successor Henry II. was not neglectful of the French interest in Scotland. He sent a consider- able body of men, under the command of Leon Strozzi, to the Regent's assistance. By their long experience in the Italian and German wars, the French had become as dexterous in the conduct of sieges as the Scots were ignorant ; and as the boldness and despair of the conspirators could not defend them against the superior art of these new assailants, they, after a short resistance, surren- dered to Strozzi, who engaged, in the name of the King his master, for the security of their lives ; houses and countries on that side of the water thereabout, and to apprehend all (hose which they say be the principal impugna- tors of amity between England and Scotland ; for which they should have a good opportunity, as they say, when the power of the said Bishops and Ahbots shall resort towards Edinburgh to resist Your Majesty's army. And for the execution of these tilings, the said Wishart saith, that the Earl Marshal aforenamed and others will capitulate 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 cre- dence, with sundry other advertisements of the great division that is at this present within the realm of Scotland, which we doubt not he will declare unto Your Majesty at good length. Hamilton MSS. vol. iii. p. 38. -Y. li. This is the letter of which Dr. Mackenzie, vol. iii. p. 18. and Bishop Keith, Hist. p. 44, published a fragment. It doea not authorize us to conclude that Mr. George Wishart, known by the name of the Martyr, was the person who resorted to the Earl of Hertford. It was more probably John Wishart of Pit- arrow, the chief of that name, a man of abilities, zealously at- tached to the reformed doctrine, and deeplv engaged in all the intrigues and operations of that busy period. Keith, 96, 117, 119, 315. Lo47. OF SCOTLAND. Ill and, as his prisoners, transported them into France. The castle itself, the monument of Beatoun's power and vanity, was demolished, in obedience to the canon law, which, with admirable policy, denounces its anathemas even against the houses in which the sacred blood of a Cardinal happens to be shed, and ordains them to be laid in ruins l6 . The archbishopric of St. Andrew's was bestowed by the Regent upon his natural brother John Ha- milton, Abbot of Paisley. The delay of a few weeks would have saved the conspirators. Those ministers of Henry VIII. who had the chief direction of affairs during the minority of his son Edward VI. conducted themselves, with regard to Scotland, by the maxims of their late master, and resolved to frighten the Scots into a treaty which they had not abilities or address to bring about by any other method. But before we proceed to relate the events which their invasion of Scotland occasioned, we shall stop to take notice of a circumstance unobserved by con- temporary historians, but extremely remarkable for the discovery it makes of the sentiments and spirit which then prevailed among the Scots. The con- spirators against Cardinal Beatoun found the Re- gent's eldest son in the castle of St. Andrew's ; and as they needed the protection of the English, it was to be feared that they might endeavour to purchase it, by delivering to them this important prize. The presumptive heir to the crown in the hands of the avowed enemies of the kingdom was a dreadful prospect. In order to avoid it, the Parliament fell upon a very extraordinary expedient. By an act made on purpose, they excluded " the Regent's ,6 Burn. Hist. Ref. J. S38. fit THE HISTORY B. II. eldest son from all right of succession, public or private, so long as he should be detained a prisoner, and substituted in his place his other brothers, ac- cording to their seniority, and in failure of them, those who were next heirs to the Regent 17 ." Suc- cession by hereditary right is an idea so obvious and so popular that a nation seldom ventures to make a breach in it, but in cases of extreme neces- sity. Such a necessity did the Parliament disco- ver in the present situation. Hatred to England, founded on the memory of past hostilities, and heightened by the smart of recent injuries, was the national passion. This dictated that uncommon statute, by which the order of lineal succession was so remarkably broken. The modern theories, which represent this right as divine and unalien- able, and that ought not to be violated upon any consideration whatsoever, seem to have been then altogether unknown. In the beginning of September, the Earl of Hert- ford, now Duke of Somerset, and Protector of England, entered Scotland at the head of eighteen thousand men ; and, at the same time, a fleet of sixty ships appeared on the coast to second his land forces. The Scots had for some time observ- ed this storm gathering, and were prepared for it. Their army was almost double to that of the enemy, and posted to the greatest advantage on a rising ground above Musselburgh, not far from the banks of the river Eske. Both these circumstances alarm- ed the Duke of Somerset, who saw his danger, and would willingly have extricated himself out of it, by a new overture of peace, on conditions extremely reasonable. But this moderation being imputed to 17 Ej>ist. Reg. Scot. 2. 359. 1547. OF SCOTLAND. 113 fear, his proposals were rejected with the scorn which the confidence of success inspires ; and if the conduct of the Regent, who commanded the Scottish army, had been, in any degree, equal to his confidence, the destruction of the English must have been inevitable. They were in a situation precisely similar to that of their countrymen under Oliver Cromwell in the following century. The Scots had chosen their ground so well that it was impossible to force them to give battle ; a few days had exhausted the forage and provision of a narrow country ; the fleet could only furnish a scanty and precarious subsistence : a retreat, therefore, was necessary : but disgrace, and perhaps ruin, were the consequences of retreating. On both these occasions, the national heat and impetuosity of the Scots saved the English, and precipitated their own country into the utmost dan- ger. The undisciplined courage of the private men became impatient at the sight of an enemy. The General was afraid of nothing, but that the English might escape from him by flight; and, [Sept. 10.] leaving his strong camp, he attacked the Duke of Somerset near Pinkey, with no better success than his rashness deserved. The Protector had drawn up his troops on a gentle eminence, and had now the advantage of ground on his side. The Scottish army consisted almost entirely of infantry, whose chief weapon was a long spear, and for that reason their files were very deep, and their ranks close. They advanced towards the enemy in three great bodies, and, as they passed the river, were consi- derably exposed to the fire of the English fleet, which lay in the bay of Musselburgh, and had drawn near the shore. The English cavalry, flush* L2 114 THE HISTORY B. II. ed with an advantage which they had gained in a skirmish some days before, began the attack with more impetuosity than good conduct. A body so firm and compact as the Scots easily resisted the impression of cavalry, broke them, and drove them oft' the field. The English infantry, however, ad- vanced ; and the Scots were at once exposed to a fli°ht of arrows, to a fire in flank from four hundred foreign fusileers, who served the enemy, and to their cannon, which were planted behind the infantry on the highest part of the eminence. The depth and closeness of their order making it impossible for the Scots to stand long in this situation, the Earl of Angus, who commanded the vanguard, endea- voured to change his ground, and to retire towards the main body. But his friends, unhappily, mistook his motion for a flight, and fell into confusion, At that very instant the broken cavalry, having rallied, returned to the charge ; the foot pursued the ad- vantage they had gained ; the prospect of victory redoubled the ardour of both : and, in a moment, the rout of the Scottish army became universal and irretrievable. The encounter in the field was not long or bloody ; but, in the pursuit, the English dis- covered all the rage and fierceness which national antipathy, kindled by long emulation and inflamed by reciprocal injuries, is apt to inspire. The pur- suit was contiuued for five hours, and to a great distance. All the three roads by which the Scots fled were strewed with spears, and swords, and targets, and covered with the bodies of the slain. Above ten thousand men fell on this day, one of the most fatal Scotland had ever seen. A few were taken prisoners, and among these some persons of distinction. The Protector had it now in his power 1547. OF SCOTLAND. 115 to become master of a kingdom, out of which, not many hours before, he was almost obliged to retire with infamy 18 . But this victory, however great, was of no real utility, for want of skill or of leisure to improve it. Every new injury rendered the Scots more averse from a union with England ; and the Protector neglected the only measure which would have made 18 Tbe following passage in a carious and rare journal of the Protector's expedition into Scotland, written by W. Patten, who was joined in commission with Cecil, as judge martial of the army, and printed in 1548, deserves our notice ; as it gives a just idea of the military discipline of the Scots at that time. " But what after I learned, specially touching their order, their armour, and their manner as well of going to offend, as of standing to defend, I have thought necessary here to utter. Hackbutters have they few or none, and appoint their fight most commonly always a foot. They come to the field well furnished all with jack and skull, dagger and buckler, and swords all broad and thin, of exceeding good temper, and universally so made to slice, that as I never saw none so good, so I think it hard to devise the better. Hereto every man his pike, and a great kercher wrapped twice or thrice about his neck, not for cold, but for cutting. In their array towards joining with the enemy, they cling and thrust so near in the fore rank, shoulder and shoulder together, with their pikes in both their hands straight afore them, and their followers in that order so hard at their backs, laying their pikes over their foregoers' shoulders, that, if they do assail undiscovered, no force can well withstand them. Standing at defence they thrust shoulders likewise so nigh toge- ther, the fore ranks well nigh to kneeling, stoop low before, their fellows behind holding their pikes with both hands, and there- with in their left their bucklers, the one end of their pike against their right foot, and the other against the enemy breast-high ; their followers crossing their pike points with them forward ; and thus each with other so nigh as space and place will suffer, through the whole ward, so thick, that as easily shall a bare lin- ger pierce through the skin of an angry hedgehog, as any en- counter the front of their pikes." Other curious particulars are found in this journal, from which Sir John Hayward has borrowed his account of this expedition. Life of Edward VI. 279, c\c. The length of the Scotch pike or spear was appoiuted by Act 41. p. 1471, to be six ells ; i. e. eighteen feet six inches. 116 THE HISTORY B. II. it necessary for them to have given their consent to it. He amused himself in wasting the open country, and in taking or building several petty castles ; whereas, by fortifying a few places which were accessible by sea, he would have laid the kingdom open to the English, and in a short time the Scots must either have accepted of his terms, or have submitted to his power. By such an im- provement of it, the victory at Dunbar gave Crom- well the command of Scotland. The battle of Pinkey had no other effect but to precipitate the Scots into new engagements with France. The situation of the English court may, indeed, be pleaded in ex- cuse for the Duke of Somerset's conduct. That cabal of his enemies, which occasioned his tragical end, was already formed; and while he triumphed in Scotland, they secretly undermined his power and credit at home. Self-preservation, therefore, obliged him to prefer his safety before his fame, and to return without reaping the fruits of his vic- tory. At this time, however, the cloud blew over; the conspiracy by which he fell was not yet ripe for execution ; and his presence suspended its ef- fects for some time. The supreme power still re- maining in his hands, he employed it to recover the opportunity which he had lost. [April, 1548]. A body of troops, by his command, seized and for- tified Haddingtoun, a place which, on account of its distance from the sea, and from any English garri- son, could not be defended without great expense and danger. Meanwhile the French gained more by the defeat of their allies than the English by their victory. After the death of Cardinal Beatoun, Mary of Guise, the Queen Dowager, took a considerable 3 048. OF SCOTLAND. 117 share in the direction of affairs. She was warmly attached, by blood and by inclination, to the French interest; and, in order to promote it, improved with great dexterity every event which occurred. The spirit and strength of the Scots were broken at Pinkey; and in an assembly of nobles which met at Stirling; to consult upon the situation of the king- dom, all eyes were turned towards France, no pros- pect of safety appearing but in assistance from that quarter. But Henry II. being then at peace with England, the Queen represented that they could not expect him to take part in their quarrel, but upon views of personal advantage ; and that without ex- traordinary concessions in his favour, no assistance, in proportion to their present exigencies, could be obtained. The prejudices of the nation powerfully seconded these representations of the Queen. What often happens to individuals took place among the nobles in this convention ; they were swayed en- tirely by their passions ; and in order to gratify them, they deserted their former principles, and disregarded their true interest. In the violence of resentment, they forgot that zeal for the indepen- dence of' Scotland, which had prompted them to reject the proposals of Henry VIII. ; and, by offer- ing, voluntarily, their young Queen in marriage to the Dauphin, eldest son of Henry II. ; and, which was still more, by proposing to send her immedi- ately into France to be educated at his court, they granted, from a thirst of vengeance, what formerly they would not yield upon any consideration of their own safety. To gain at once such a kingdom as Scotland was a matter of no small consequence to France. Henry, without hesitation, accepted tho offers of the Scottish ambassadors, and prepared 118 THE HISTORY B. II. for the vigorous defence of his new acquisition. Six thousand veteran soldiers, under the command of Monsieur Desse, assisted by some of the best officers who were formed in the long wars of Fran- cis I., arrived at Leith. They served two cam- paigns in Scotland, with a spirit equal to their for- mer fame. But their exploits were not considerable. The Scots, soon becoming jealous of their designs, neglected to support them with proper vigour. The caution of the English, in acting wholly upon the defensive, prevented the French from attempting any enterprise of consequence ; and obliged them to exhaust their strength in tedious sieges, under- taken under many disadvantages. Their efforts, however, were not without some benefit to the Scots, by compelling the English to evacuate Had- dingtoun, and to surrender several small forts which they possessed in different parts of the kingdom. But the effects of these operations of his troops were still of greater importance to the French King. The diversion which they occasioned enabled him to wrest Boulogne out of the hands of the English ; and the influence of his army in Scotland obtained the concurrence of parliament with the overtures which had been made to him, by the assembly of nobles at Stirling, concerning the Queen's marriage with the Dauphin, and her education in the court of France. In vain did a few patriots remonstrate against such extravagant concessions, by which Scotland was reduced to be a province of France ; and Henry, from an ally, raised to be master of the kingdom; by which the friendship of France be- came more fatal than the enmity of England ; and every thing was fondly given up to the one, that had been bravely defended against the other. A 1548. OF SCOTLAND. 119 point of so much consequence was hastily decided in a parliament assembled [June 5] in the camp before Haddingtoun : the intrigues of the Queen Dowager, the zeal of the clergy, and resentment against England, had prepared a great party in the nation for such a step ; the French general and am- bassador, by their liberality and promises, gained over many more. The Regent himself was weak enough to stoop to the offer of a pension from France, together with the title of Duke of Chatelherault in that kingdom. A considerable majority declared for the treaty, and the interest of a faction was pre- ferred before the honour of the nation. Having hurried the Scots into this rash and fatal resolution, the source of many calamities to them- selves and to their sovereign, the French allowed them no time for reflection or repentance. The fleet which had brought over their forces was still in Scot- land, and without delay convoyed the Queen into France. Mary was then six years old, and by her education in that court, one of the politest but most corrupted in Europe, she acquired every accom- plishment that could add to her charms as a woman, and contracted many of those prejudices which oc- casioned her misfortunes as a Queen. From the time that Mary was put into their hands, it was the interest of the French to suffer war in Scotland to languish. The recovery of the Boulonnois was the object which the French King had most at heart ; but a slight diversion in Britain was suflicient to divide the attention and strength of the English, whose domestic factions deprived both their arms and councils of their accustomed vigour. The government of England had undergone a great revolution. The Duke of Somerset's power had 120 THE HISTORY B. II. been acquired with too much violence, and was ex- ercised with too little moderation to be of long con- tinuance. Many good qualities, added to great love of his country, could not atone for his ambition in usurping the sole direction of affairs. Some of the most eminent courtiers combined against him ; and the Earl of Warwick their leader, no less am- bitious but more artful than Somerset, conducted his measures with so much dexterity as to raise him- self upon the ruins of his rival. Without the invi- dious name of Protector, he succeeded to all the power and influence of which Somerset was depriv- ed, and he quickly found peace to be necessary for the establishment of his new authority, and the exe- cution of the vast designs he had conceived. Henry was no stranger to Warwick's situation, and improved his knowledge of it to good purpose, in conducting the negotiations for a general peace. He prescribed what terms he pleased to the Eng- lish minister, who scrupled at nothing, however advantageous to that monarch and his allies. — [March 24, 1550]. England consented to restore Boulogne and its dependencies to France, and gave up all pretensions to a treaty of marriage with the Queen of Scots, or to the conquest of her country. A few small forts, of which the English troops had hitherto kept possession, were rased; and peace between the two kingdoms was established on its ancient foundation. Both the British nations lost power, as well as reputation, by this unhappy quarrel. It was on both sides a war of emulation and resentment, ra- ther than of interest; and was carried on under the influence of national animosities, which were blind to all advantages. The French, who entered 1550. OF SCOTLAND. 121 into it with greater coolness, conducted it with more skill ; and by dexterously availing themselves of every circumstance which occurred, recovered possession of an important territory which they had lost, and added to their monarchy a new kingdom. The ambition of the English minister betrayed to them the former ; the inconsiderate rage of the Scots against their ancient enemies bestowed on them the latter ; their own address and good policy merited both. Immediately after the conclusion of the peace the French forces left Scotland, as much to their own satisfaction as to that of the nation. The Scots soon found that the calling to their assistance a people more powerful than themselves was a dan- gerous expedient. They beheld, with the utmost impatience, those who had come over to protect the kingdom taking upon them to command in it; and on many occasions they repented the rash in- vitation which they had given. The peculiar ge- nius of the French nation heightened this disgust, and prepared the Scots to throw off the yoke, be- fore they had well begun to feel it. The French were in that age, what they are in the present, one of the most polished nations in Europe. But it is to be observed, in all their expeditions into foreign countries, whether towards the south or north, that their manners have been remarkably incompatible with the manners of every other people. Barba- rians are tenacious of their own customs, because they want knowledge and taste to discover the rea- sonableness and propriety of customs which differ from them. Nations which hold the first rank in politeness are frequently no less tenacious out of pride. The G reeks were so in the ancient world ; vol. I. M 122 THE HISTORY B. II. and the French are the same in the modern. Full of themselves ; flattered by the imitation of their neighbours ; and accustomed to consider their own modes as the standards of elegance ; they scorn to disguise, or to lay aside, the distinguishing man- ners of their own nation, or to make any allowance for what may differ from them among others. For this reason the behaviour of their armies has, on every occasion, been insupportable to strangers, and has always exposed them to hatred, and often to destruction. In that age they overran Italy four several times by their valour, and lost it as often by their insolence. The Scots, naturally an irascible and high-spirited people, and who, of all nations, can least bear the most distant insinuation of con- tempt, were not of a temper to admit all the pre- tensions of such assuming guests. The symptoms of alienation were soon visible ; they seconded the military operations of the French troops with the utmost coldness ; their disgust grew insensibly to a degree of indignation that could hardly be re- strained ; and, on occasion of a very slight acci- dent, broke out with fatal violence. A private French soldier engaging in an idle quarrel with a citizen of Edinburgh, both nations took arms with equal rage, in defence of their countrymen. The Provost of Edinburgh, his son, and several citizens of distinction were killed in the fray ; and the French were obliged to avoid the fury of the inhabi- tants by retiring out of the city. Notwithstanding- the ancient alliance of France and Scotland, and the long intercourse of good offices between the two nations, an aversion for the French took its rise at this time among the Scots, the effects whereof were deeply felt, and operated powerfully through the subsequent peroid. 1 o.')0. OF SCOTLAND. l'2o From the death of Cardinal Beatoun, nothing has been said of the state of religion. While the war with England continued, the clergy had no leisure to molest the Protestants; and they were not yet considerable enough to expect any thing- more than connivance and impunity. The new doctrines were still in their infancy ; but during this short interval of tranquillity they acquired strength, and advanced by large and firm steps to- wards a full establishment in the kingdom. The first preachers against Popery in Scotland, of whom several had appeared during the reign of James V. were more eminent for zeal and piety than for learn- ing. Their acquaintance with the principles of the Reformation was partial, and at second hand ; some of them had been educated in England ; all of them had borrowed their notions from the books pub- lished there ; and in the first dawn of the new light, they did not venture far before their leaders. But in a short time the doctrines and writing's of the foreign reformers became generally known ; the in- quisitive genius of the age pressed forward in quest of truth ; the discovery of one error opened the way to others ; the downfal of one impostor drew many after it ; the whole fabric, which ignorance and superstition had erected in times of darkness, began to totter ; and nothing was wanting to com- plete its ruin, but a daring and active leader to di- rect the attack. Such was the famous John Knox, who, with better qualifications of learning, and more extensive views than any of his predecessors in Scotland, possessed a natural intrepidity of mind, which set him above fear. He began his public ministry at St. Andrew's, in the year one thousand five hundred and forty-seven, with that success 124 THE HISTORY B. II. which always accompanies a bold and popular elo- quence. Instead of amusing himself with lopping the branches, he struck directly at the root of Po- pery, and attacked both the doctrine and discipline of the established church with a vehemence pecu- liar to himself, but admirably suited to the temper and wishes of the age. An adversary so formidable as Knox would not have easily escaped the rage of the clergy, who ob- served the tendency and progress of his opinions with the utmost concern. But, at first, he retired for safety into the castle of St. Andrew's, and, while the conspirators kept possession of it, preach- ed publicly under their protection. The great re- volution in England, which followed upon the death of Henry VIII. contributed no less than the zeal of Knox towards demolishing the Popish church in Scotland. Henry had loosened the chains, and lightened the yoke of Popery. The ministers of his son Edward VI. cast them off altogether, and established the Protestant religion upon almost the same footing whereon it now stands in that king- dom. The influence of this example reached Scot- land, and the happy effects of ecclesiastical liberty in one nation inspired the other with an equal de- sire of recovering it. The reformers had, hitherto, been obliged to conduct themselves with the ut- most caution, and seldom ventured to preach, but in private houses, and at a distance from court ; they gained credit, as happens on the first publica- tion of every new religion, chiefly among persons in the lower and middle rank of life. But several noblemen, of the greatest distinction, having, about this time, openly espoused their principles, they were no longer under the necessity of acting with 1000. OF SCOTLAND. 125 the same reserve ; and, with more security and en- couragement, they had likewise greater success. — The means of acquiring and spreading knowledge became more common, and the spirit of innovation, peculiar to that period, grew every day bolder and more universal. Happily for the Ileformation this spirit was still under some restraint. It had not yet attained firmness and vigour sufficient to overturn a system founded on the deepest policy, and supported by the most formidable power. Under the present circumstances, any attempt towards action must have been fatal to the Protestant doctrines ; and it is no small proof of the authority as well as pene- tration of the heads of the party, that they were able to restrain the zeal of a fiery and impetuous people, until that critical and mature juncture when every step they took was decisive and successful. Meanwhile their cause received reinforcement from two different quarters whence they never could have expected it. The ambition of the house of Guise, and the bigotry of Mary of Eng- land, hastened the subversion of the Papal throne in Scotland ; and, by a singular disposition of Pro- vidence, the persons who opposed the Reformation in every other part of Europe with the fiercest zeal were made instruments for advancing it in that kingdom. Mary of (iuise possessed the same bold and as- pirins spirit which distinguished her family. But in her it was softened by the female character, and accompanied with great temper and address. Her brothers, in order to attain the high objects at which they aimed, ventured upon sucli daring mea- sures as suited their great courage. Her designs M *2 12G THE HISTORY B. II. upon the supreme power were concealed with the utmost care, and advanced by address and refine- ments more natural to her sex. By a dexterous application of those talents, she had acquired a considerable influence on the councils of a nation hitherto unacquainted with the government of wo- men ; and, without the smallest right to any share in the administration of affairs, had engrossed the chief direction of them into her own hands. But she did not long rest satisfied with the enjoyment of this precarious power, which the fickleness of the Regent, or the ambition of those who governed him, might so easily disturb; and she began to set on foot new intrigues, with a design of undermining him, and of opening to herself a way to succeed him in that high dignity. Her brothers entered warmly into this scheme, and supported it with all their credit at the court of France. The French King willingly concurred in a measure, by which he hoped to bring Scotland entirely under manage- ment, and, in any future broil with England, to turn its whole force against that kingdom. In order to arrive at the desired elevation, the Queen Dowager had only one of two ways to choose; either violently to wrest the power out of the hands of the Regent, or to obtain it by his con- sent. Under a minority, and among a warlike and factious people, the former was a very uncertain and dangerous experiment. The latter appeared to be no less impracticable. To persuade a man vo- luntarily to abdicate the supreme power ; to de- scend to a level with those above whom he was raised ; and to be content with the second place where he hath held a first, may well pass for a wild and chimerical project. This, however, the 1550. OF SCOTLAND. 127 Queen attempted; and the prudence of the attempt was sufficiently justified by its success. The Regent's inconstancy and irresolution, to- gether with the calamities which had befallen the kingdom under his administration, raised the preju- dices both of the nobles and of the people against him to a great height ; and the Queen secretly fo- mented these with much industry. All who wished for a change met with a gracious reception in her court, and their spirit of disaffection was nourished by such hopes and promises as in every age im- pose on the credulity of the factious. The favour- ers of the Reformation being the most numerous and spreading body of the Regent's enemies, she applied to them with a particular attention ; and the gentleness of her disposition, and seeming in- difference to the religious points in dispute, made all her promises of protection and indulgence pass upon them for sincere. Finding so great a part of the nation willing to fall in with her measures [Oct.], the Queen set out for France, under pre- tence of visiting her daughter, and took along with her those noblemen who possessed the greatest power and credit among their countrymen. Sof- tened by the pleasures of an elegant court, flat- tered by the civilities of the French King and the caresses of the house of Guise, and influenced by the seasonable distribution of a few favours, and the liberal promise of many more, they were brought to approve of all the Queen's pretensions. While she advanced by these slow but sure steps, the Regent either did not foresee the danger which threatened him, or neglected to provide against it. The first discovery of the train which was laid came from two of his own confidents, Carnegie of Kin- 128 THE HISTORY B. II. naird, and Panter Bishop of Ross, whom the Queen had gained over to her interest, and then employed as the most proper instruments for obtaining his con- sent. The overture was made to him in the name of the French King, enforced by proper threaten- iugs, in order to work upon his natural timidity, and sweetened by every promise that could recon- cile him to a proposal so disagreeable. On the one hand, the confirmation of his French title, to- gether with a considerable pension, the parliamen- tary acknowledgment of his right of succession to the crown, and a public ratification of his conduct during his regency, were offered him. On the other hand, the displeasure of the French King, the power and popularity of the Queen Dowager, the disaffec- tion of the nobles, with the danger of an after reck- oning, were represented in the strongest colours. It was not possible to agree to a proposal so ex- traordinary and unexpected, without some previous struggle ; and, had the Archbishop of St. Andrew's been present to fortify the irresolute and passive spirit of the Regent, he, in all probability, would have rejected it with disdain. Happily for the Queen, the sagacity and ambition of that prelate could, at this time, be no obstruction to her views. He was lying at the point of death, and in his ab- sence the influence of the Queen's agents on a flex- ible temper counterbalanced several of the strongest passions of the human mind, and obtained his con- sent to a voluntary surrender of the supreme power. Dec. 1551.] After gaining a point of such dif- ficulty with so much ease, the Queen returned into Scotland, in full expectation of taking immediate possession of her new dignity. But by this time the Archbishop of St. Andrew's had recovered of 1551. OF SCOTLAND. 129 that distemper which the ignorance of the Scottish physicians had pronounced to be incurable. This he owed to the assistance of the famous Cardan, one of those irregular adventurers in philosophy, of whom Italy produced so many about this period. A bold genius led him to some useful discoveries, which merit the esteem of a more discerning age ; a wild imagination engaged him in those chimerical sciences which drew the admiration of his contem- poraries. As a pretender to astrology and magic, he was revered and consulted by all Europe ; as a proficient in natural philosophy, he was but little known. The Archbishop, it is probable, consider- ed him as a powerful magician, when he applied to him for relief; but it was his knowledge as a philo- sopher, which enabled him to cure his disease 19 . Together with his health, the Archbishop reco- vered the entire government of the Regent, and quickly persuaded him to recall that dishonourable promise which he had been seduced by the arti- fices of the Queen to grant. However great her surprise and indignation were, at this fresh instance of his inconstancy, she was obliged to dissemble, that she might have leisure to renew her intrigues with all parties ; with the Protestants, whom she favoured and courted more than ever ; with the nobles, to whom she rendered herself agreeable by various arts ; and with the Regent himself, in order to gain whom she employed every argument. But, whatever impressions her emissaries might have 19 Cardan himself was more desirous of being considered as an astrologer than a philosopher ; in his hook Ve Genifuris, we find a calculation of the Archhishop's nativity, from which he pre- tends hoth to have predicted his disease, and to have effected his cure. He received from Ihe Archbishop a reward of 1800 crowns ! a great sum in that age. De Vila sua, p. 32. 130 THE HISTORY B. II. made on the Regent, it was no easy matter to over- reach or to intimidate the Archbishop. Under his management the negotiations were spun out to a great length, and his brother maintained his station with that address and firmness which its impor- tance so well merited. The universal defection of the nobility, the growing power of the Protestants, who all adhered to the Queen Dowager, the reite- rated solicitations of the French King, and, above all, the interposition of the young Queen, who was now entering the twelfth year of her age, and claim- ed a right of nominating whom she pleased to be Regent 20 , obliged him at last to resign that high office, which he had held many years. He ob- tained, however, the same advantageous terms for himself, which had been formerly stipulated. It was in the parliament which met on the tenth of April, one thousand five hundred and fifty-four, that the Earl of Arran executed this extraordinary resignation; and at the same time Mary of Guise was raised to that dignity, which had been so long the object of her wishes. Thus, with their own ap- probation, a woman and a stranger was advanced to the supreme authority over a fierce and turbulent people, who seldom submitted, without reluctance, to the legal and ancient government of their native monarchs. 1553.] While the Queen Dowager of Scotland contributed so much towards the progress of the Reformation by the protection which she afforded it, from motives of ambition, the English Queen, by her indiscreet zeal, filled the kingdom with per- sons active in promoting the same cause. Mary ascended the throne of England on the death of her 20 Lesley, de Ileb. Gest. Scot. ap. Jebb. 1. 187. 1553. OF SCOTLAND. 131 brother Fid ward [.July 6], and soon after married Philip II. of Spain. To the persecuting- spirit of the Romish superstition, and the fierceness of that age, she added the private resentment of her own and of her mothers sufferings, with which she loaded the reformed religion ; and the peevishness and severity of her natural temper carried the acri- mony of all these passions to the utmost extreme. The cruelty of her persecution equaled the deeds of those tyrants who have been the greatest re- proach to human nature. The bigotry of her clergy could scarce keep pace with the impetuosity of her zeal. Even the unrelenting Philip was obliged, on some occasions, to mitigate the rigour of her pro- ceedings. Many among the most eminent Refor- mers suffered for the doctrines which they had taught; others fled from the storm. To the greater part of these Switzerland and Germany opened a secure asylum ; and not a few, out of choice or ne- cessity, fled into Scotland. What they had seen and felt in England did not abate the warmth and zeal of their indignation against Popery. Their attacks were bolder and more successful than ever; and their doctrines made a rapid progress among all ranks of men. These doctrines, calculated to rectify the opinions and to reform the manners of mankind, had hither- to produced no other effects ; but they soon began to operate with greater violence, and proved the occasion, not only of subverting the established re- ligion, but of shaking the throne and endangering the kingdom. The causes which facilitated the in- troduction of these new opinions into Scotland, and which disseminated them so fast through the na- tion, merit, on that account, a particular and care- ful inquiry. The Reformation is one of the greatest 132 THE HISTORY B. II. events in the history of mankind, and, in whatever point of light we view it, is instructive and in- teresting. The revival of learning in the fifteenth and six- teenth centuries roused the world from that lethargy in which it had been sunk for many ages. The human mind felt its own strength, broke the fetters of authority by which it had been so long restrained, and, venturing to move in a larger sphere, pushed its inquiries into every subject with great boldness and surprising success. No sooner did mankind recover the capacity of exercising their reason than religion was one of the first objects which drew their attention. Long be- fore Luther published his famous Theses, which shook the Papal throne, science and philosophy had laid open to many of the Italians the impos- ture and absurdity of the established superstition. That subtle and refined people, satisfied with en- joying those discoveries in secret, were little dis- posed to assume the dangerous character of Refor- mers, and concluded the knowledge of truth to be the prerogative of the wise, while vulgar minds must be overawed and governed by popular errors. But, animated with a more noble and disinterested zeal, the German theologian boldly erected the standard of truth, and upheld it with an uncon- querable intrepidity, which merits the admiration and gratitude of all succeeding ages. The occasion of Luther's being first disgusted with the tenets of the Romish church, and how, from a small rupture, the quarrel widened into an irreparable breach, is known to every one who has been the least conversant in history. From the heart of Germany his opinions spread, with asto- nishing rapidity, all over Europe: and, wherever. 1553. OF SCOTLAND. V3S they came, endangered or overturned the ancient but ill founded system. The vigilance and address of the court of Home, cooperating with the power and bigotry of the Austrian family, suppressed these notions on their first appearance in the south- ern kingdoms of Europe. But the fierce spirit of the north, irritated by multiplied impositions, could neither be mollified by the same arts nor subdued by the same force ; and, encouraged by some Princes from piety, and by others out of avarice, it easily bore down the feeble opposition of an illiterate and immoral clergy. The superstition of Popery seems to have grown to the most extravagant height in those countries which are situated towards the different extremities of Europe. The vigour of imagination, and sen- sibility of frame, peculiar to the inhabitants of southern climates, rendered them susceptible of the deepest impressions of superstitious terror and cre- dulity. Ignorance and barbarity were no less fa- vourable to the progress of the same spirit among the northern nations. They knew little, and were disposed to believe every thing. The most glaring absurdities did not shock their gross understand- ings, and the most improbable fictions were received with implicit assent and admiration. Accordingly, that form of Popery which pre- vailed in Scotland was of the most bigoted and illi- beral kind. Those doctrines which are most apt to shock the human understanding, and those legends which furthest exceed belief, were proposed to the people without any attempt to palliate or disguise them ; nor did they ever call in question the reason- ableness of the one, or the truth of the other. The power and wealth of the church kept pace vol. I. N 134 THE HISTORY B. II. with the progress of superstition ; for it is the na- ture of that spirit to observe no bounds in its re- spect and liberality towards those whose character it esteems sacred. The Scottish Kings early de- monstrated how much they were under its influ- ence, by their vast additions to the immunities and riches of the clergy. The profuse piety of David I. who acquired on that account the name of Saint, transferred almost the whole crown lands, which were at that time of great extent, into the hands of ecclesiastics. The example of that virtuous Prince was imitated by his successors. The spirit spread among all orders of men, who daily loaded the priesthood with new possessions. The riches of the church all over Europe were exorbitant; but Scotland was one of those countries wherein they had furthest exceeded the just proportion. The Scottish clergy paid one-half of every tax imposed on land ; and as there is no reason to think that in that age they would be loaded with an unequal share of the burden, we may conclude that, by the time of the Reformation, little less than one-half of the national property had fallen into the hauds of a society, which is always acquiring, and can never lose. The nature, too, of a considerable part of their property extended the influence of the clergy. — Many estates throughout the kingdom, held of the church ; church lands were let in lease at an easy rent, and were possessed by the younger sons and descendants of the best families 21 . The connexion between superior and vassal, between landlord and tenant, created dependencies, and gave rise to a union of great advantage to the church; and, in 21 Keith, 521. Note (b). lo">3. OF SCOTLAND. 135 estimating the influence of the Popish ecclesiastics over the nation, these, as well as the real amount of their revenues, must be attended to, and taken into the account. This extraordinary share in the national property was accompanied with proportionable weight in the supreme council of the kingdom. At a time when the number of the temporal peers was extremely small, and when the lesser barons and representa- tives of boroughs seldom attended parliaments, the ecclesiastics formed a considerable body there. It appears from the ancient rolls of parliament, and from the manner of choosing the lords of articles, that the proceedings of that high court must have been, in a great measure, under their direction 22 . The reverence due to their sacred character, which was often carried incredibly far, contributed not a little towards the growth of their power. The dignity, the titles, and precedence of the Popish clergy are remarkable, both as causes and effects of that dominion which they had acquired over the rest of mankind. They were regarded by the cre- dulous laity as beings of a superior species; they were neither subject to the same laws, nor tried by the same judges 2 '. Every guard that religion could 22 Spots. Hist, of the Church of Scotland, 449. 2i How far this claim of the clergy to exemption from lay juris- diction extended appears from a remarkable transaction in the Parliament held in 1.110. When that court was proceeding to the forfeiture of Ihe murderers of Cardinal Beatoan, and were about to include a priest, who was one of the assassins, in the general sentence of condemnation, odious as tlie crime was to ecclesiastics, a delegate appeared in name of the clerical courts, and repledged or claimed exemption of him from the judgment of parliament, as a spiritual mini. This claim was sustained and his name is not inserted in the act of forfeiture. Episl. Keg- Scot. ii. 350. 361. 13G THE HISTORY B. II. supply, was placed around their power, their pos- sessions, and their persons; and endeavours were used, not without success, to represent them all as equally sacred. The reputation for learning, which, however in- considerable, was wholly engrossed by the clergy, added to the reverence which they derived from religion. The principles of sound philosophy and of a just taste were altogether unknown; in place of these were substituted studies barbarous and un- instructive : but as the ecclesiastics alone were con- versant in them, this procured them esteem; and a very slender portion of knowledge drew the admi- ration of rude ages, which knew little. War was the sole profession of the nobles, and hunting their chief amusement; they divided their time between these : unacquainted with the arts, and unimproved by science, they disdained any employment foreign from military affairs, or which required rather pene- tration and address than bodily vigour. Wherever the former were necessary the clergy were entrust- ed ; because they alone were properly qualified for the trust. Almost all the high offices in civil go- vernment devolved, on this account, into their hands. The Lord Chancellor was the first subject in the kingdom, both in dignity and in power. — From the earliest ages of the monarchy to the death of Cardinal Beatoun, fifty-four persons had held that high office ; and of these forty-three had been ecclesiastics 24 . The lords of session were .supreme judges in all matters of civil right; and, by its original constitution, the president and one fialf of the senators in this court were churchmen. To all this we may add, that the clergy being 24 Crawf. Oflice of State. 1-333. OF SCOTLAND. 137 separated from the rest of mankind by the law of celibacy, and undistracted by those cares, and un- incumbered with those burdens which occupy and oppress other men, the interest of their order be- came their only object, and they were at full leisure to pursue it. The nature of their functions gave them access to all persons, and at all seasons. They could em- ploy all the motives of fear and of hope, of terror and of consolation, which operate most powerfully on the human mind. They haunted the weak and the credulous; they besieged the beds of the sick and of the dying; they suffered few to go out of the world without leaving marks of their liberality to the church, and taught them to compound with the Almighty for their sins, by bestowiug riches upon those who called themselves his servants. When their own industry, or the superstition of mankind failed of producing this effect, the ecclesi- astics had influence enough to call in the aid of law. When a person died intestate, the disposal of his effects was vested in the bishop of the diocess, after paying his funeral charges and debts, and distri- buting among his kindred the sums to which they were respectively entitled ; it being presumed that no Christian would have chosen to leave the world without destining some part of his substance to pious uses 25 . As men are apt to trust to the con- tinuance of life with a fond confidence, and child- ishly shun every thing that forces them to think of their mortality, many die without settling their af- fairs by will ; and the right of administration in that event, acquired by the clergy, must have proved a M Essays on Brit. Antiq. 174. Annals of Scotland, by Sir David Dalryiuple, vol. i. Append. No. ii. N 2 138 THE HISTORY B. II. considerable source both of wealth and of power to the church. At the same time, no matrimonial or testamen- tary cause could be tried but in the spiritual courts, and by laws which the clergy themselves had framed. The penalty, too, by which the decisions of these courts were enforced, added to their autho- rity. A sentence of excommunication was no less formidable than a sentence of outlawry. It was pronounced on many occasions, and against various crimes: and, besides excluding those upon whom it fell from Christian privileges, it deprived them of all their rights as men or as citizens ; and the aid of the secular power concurred with the superstition of mankind, in rendering the thunders of the church no less destructive than terrible. To these general causes may be attributed the immense growth both of the wealth and power of the Popish church; and, without entering into any more minute detail, this may serve to discover the foundations on which a structure so stupendous was erected. But though the laity had contributed, by their own superstition and profuseness, to raise the clergy from poverty and obscurity to riches and eminence, they began, by degrees, to feel and to murmur at their encroachments. No wonder haughty and martial barons should view the power and posses- sions of the church with envy; and regard the lazy and inactive character of churchmen with the ut- most contempt; while, at the same time, the inde- cent and licentious lives of the clergy gave great and just offence to the people, and considerably abated the veneration which they were accustomed to yield to that order of men. 1553. OF SCOTLAND. 139 Immense wealth, extreme indolence, gross igno- rance, and, above all, the severe injunctions of celi- bacy, had concurred to introduce this corruption of morals among many of the clergy, who, presuming too much upon the submission of the people, were at no pains either to conceal or to disguise their own vices. According to the accounts of the Re- formers, confirmed by several Popish writers, the most open and scandalous dissoluteness of manners prevailed among the Scottish clergy 2fr . Cardinal Beatoun, with the same public pomp which is due to a legitimate child, celebrated the marriage of his natural daughter with the Earl of Crawford's son 27 ; and, if we may believe Knox, he publicly continued to the end of his days a criminal correspondence with her mother, who was a woman of rank. The other prelates seem not to have been more regular and exemplary than their primate 28 . Men of such characters ought, in reason, to have been alarmed at the first clamours raised against their own morals, and the doctrines of the church, by the Protestant preachers ; but the Popish eccle- siastics, either out of pride or ignorance, neglected 26 Winzet. ap. Keith, Append. 202. 20>. Lesley de Reb. Gest. Scot. 2?,2. 27 The marriage articles, subscribed with his own hand, in which be calls her my daughter, are still extant. Keith, p. 42. 28 A remarkable proof of the dissolute manners of the clergy is found in the public records. A greater number of letters of legitimation was granted during the lirst thirty years after the Re- formation than during the whole period that has elapsed since that time. These were obtained by the sons of the Popish clergy. The ecclesiastics, who were allowed to retain their benefices alie- nated them to their children - , who, when they acquired wealth, were desirous that the stain of illegitimacy might no longer re- main upon their families. In Keith's Catalogue of Scottish Bishop* we find several instances of such alienations of church lands, by the Popish incumbents to their natural Children. 140 THE HISTORY B. II. the proper methods for silencing them. Instead of reforming* their lives, or disguising their vices, they affected to despise the censures of the people. — While the Reformers, by their mortifications and austerities, endeavoured to resemble the first pro- pagators of Christianity, the Popish clergy were compared to all those persons who are most infa- mous in history for the enormity and scandal of their crimes. On the other hand, instead of mitigating the rigour, or colouring over the absurdity, of the es- tablished doctrines ; instead of attempting to found them upon Scripture, or to reconcile them to rea- son ; they left them without any other support or recommendation than the authority of the church, and the decrees of councils. The fables concerning purgatory, the virtues of pilgrimage, and the merits of the saints were the topics on which they insisted in their discourses to the people ; and the duty of preaching being left wholly to monks of the lowest and most illiterate orders, their compositions were still more wretched and contemptible than the sub- jects on which they insisted. While the Reformers were attended by crowded and admiring audiences, the Popish preachers were either universally de- serted, or listened to with scorn. The only device which they employed, in order to recover their declining reputation or to confirm the wavering faith of the people, was equally imprudent and unsuccessful. As many doctrines of their church had derived their credit at first from the authority of false miracles, they now endeavoured to call in these to their aid 29 . But such lvinyjwon- ders, as were beheld with unsuspicious admiration, - Spot&wood, G9. 1053. OF SCOTLAND. 141 or heard with implicit faith, in times of darkness and of ignorance, met with a very different recep- tion in a more enlightened period. The vigilance of the Reformers detected these impostures, and exposed not only them, but the cause which needed the aid of such artifices, to ridicule. As the Popish ecclesiastics became more and more the objects of hatred and of contempt, the discourses of the Reformers were listened to as so many calls to liberty; and, besides the pious in- dignation which they excited against those corrupt doctrines which had perverted the nature of true Christianity ; besides the zeal which they inspired for the knowledge of truth and the purity of reli- gion ; they gave rise also, among the Scottish no- bles, to other views and passions. They hoped to shake off the yoke of ecclesiastical dominion, which they had long felt to be oppressive, and which they now discovered to be unchristian. They expected to recover possession of the church revenues, which they were now taught to consider as alienations made by their ancestors with a profusion no less undiscerning than unbounded. They flattered them- selves, that a check would be given to the pride and luxury of the clergy, who would be obliged, henceforward, to confine themselves within the sphere peculiar to their sacred character. An aver- sion from the established church, which flowed from so many concurring causes, which was raised by considerations of religion, heightened by motives of policy, and instigated by prospects of private ad- vantage, spread fast through the nation, and ex- cited a spirit that burst out, at last, with irresistible violence. Religious considerations alone were sufficient to have roused this spirit. The points in controversy 142 THE HISTORY B. II. with the church of Rome were of so much impor- tance to the happiness of mankind, and so essentia! to Christianity, that they merited all the zeal with which the Reformers contended in order to esta- blish them. But the Reformation having been represented as the effect of some wild and enthu- siastic frenzy in the human mind, this attempt to account for the eagerness and zeal with which our ancestors embraced and propagated the Protestant doctrines, by taking a view of the political motives alone which influenced them, and by showing how naturally these prompted them to act with so much ardour, will not, perhaps, be deemed an unneces- sary digression. We now return to the course of the history. 1554]. The Queen's elevation to the office of Regent seems to have transported her, at first, be- yond the known prudence and moderation of her character. She began her administration by con- ferring upon foreigners several offices of trust and of dignity ; a step which, both from the inability of strangers to discharge these offices with propriety, and from the envy which their preferment excites among the natives, is never attended with good consequences. Vilmort was made comptroller, and intrusted with the management of the public reve- nues; Bonot was appointed Governor of Orkney; and Rubay honoured with the custody of the great seal, and the title of Vice-chancellor 30 . It was with the highest indignation that the Scots beheld offices of the greatest eminence and authority dealt out among strangers 31 . By these promotions they 30 Lesley de Reb. Gest. Scot. 189. 31 The resentment of the nation against the French rose to such a height, that an act of parliament was passed on purpose to re- strain or moderate it. Pari. 6. Q. Mary, c. GO. 1 »>4. OF SCOTLAND. 143 conceived the Queen to have ottered an insult botli to their understandings and to their courage; to the former, by supposing them unfit for those stations which their ancestors had filled with so much dig- nity ; to the latter, by imagining that they were fume enough not to complain of an affront, which, in no former age, would have been tolerated with impunity. While their minds were in this disposition, an incident happened which inflamed their aversion from French councils to the highest degree. Ever since the famous contest between the houses of Valois and Plantagenet, the French had been ac- customed to embarrass the English, and to divide their strength by the sudden and formidable incur- sions of their allies, the Scots. But, as these in- roads were seldom attended with any real advan- tage to Scotland, and exposed it to the dangerous resentment of a powerful neighbour, the Scots be- gan to grow less tractable than formerly, and scru- pled any longer to serve an ambitious ally at the price of their own quiet and security. The change, too, which was daily introducing in the art of war rendered the assistance of the Scottish forces of less importance to the French Monarch. For these reasons, Henry having resolved upon a war with Philip II., and foreseeing that the Queen of Eng- land would take part in her husband's quarrel, was extremely solicitous to secure in Scotland the as- sistance of some troops, which would be more at his command than an undisciplined army led by chieftains who were almost independent. In pro- secution of this design, but under pretence of re- lieving the nobles from the expense and danger of defending the borders, the Queen Regent proposed 144 THE HISTORY B. II. in parliament [1555], to register the value of lands throughout the kingdom, to impose on them a small tax, and to apply that revenue towards maintaining a body of regular troops in constant pay. A fixed tax upon land, which the growing expense of go- vernment had introduced into almost every part of Europe, was unknown at that time, and seemed altogether inconsistent with the genius of feudal policy. Nothing could be more shocking to a ge- nerous and brave nobility than the intrusting to mercenary hands the defence of those territories which had been acquired or preserved by the blood of their ancestors. They received this proposal with the utmost dissatisfaction. About three hun- dred of the lesser barons repaired in a body to the Queen "Regent, and represented their sense of the intended innovation with that manly and deter- mined boldness which is natural to a free people in a martial age. Alarmed at a remonstrance deliver- ed in so firm a tone, and supported by such for- midable numbers, the Queen prudently abandoned a scheme which she found to be universally odious. As the Queen herself was known perfectly to un- derstand the circumstances and temper of the na- tion, this measure was imputed wholly to the sug- gestions of her foreign counsellors; and the Scots were ready to proceed to the most violent extremi- ties against them. The French, instead of extinguishing, added fuel to the flame. They had now commenced hostilities against Spain, and Philip had prevailed on the Queen of England to reinforce his army with a con- siderable body of her troops. In order to deprive him of this aid, Henry had recourse, as he project- ed, to the Scots ; and attempted to excite them to i&dS. OF SCOTLAND. 145 invade England. But as Scotland had nothing to dread from a Princess of Mary's character, who, far from any ambitious scheme of disturbing her neighbours, was wholly occupied in endeavouring to reclaim her heretical subjects ; the nobles, who were assembled by the Queen Regent at Newbattle, listened to the solicitations of the French monarch with extreme coldness, and prudently declined en- gaging the kingdom in an enterprise so dangerous and unnecessary. What she could not obtain by persuasion, the Queen Regent brought about by a stratagem. Notwithstanding the peace which sub- sisted between the two kingdoms, she commanded her French soldiers to rebuild a small fort near Berwick, which was appointed, by the last treaty, to be rased. The garrison of Berwick sallied out, interrupted the work, and ravaged the adjacent country. This insult roused the fiery spirit of the Scots, and their promptness to revenge the least appearance of national injury dissipated, in a mo- ment, the wise and pacific resolutions which they had so lately formed. War was determined, and orders instantly given for raising a numerous army. But before their forces could assemble, the ardour of their indignation had time to cool; and the Eng- lish having discovered no intention to push the war with vigour, the nobles resumed their pacific sys- tem, and resolved to stand altogether upon the de- fensive. [1556.] They marched to the banks of the Tweed, they prevented the incursions of the enemy ; and having done what they thought sufficient for the safety and honour of their country, the Queen could not induce them, either by her entreaties or her artifices, to advance another step. While the Scots persisted in their inactivity, yoi.. i. o 140 THE HTSTORY B. II. D'Oysel, the commander of the French troops, who possessed entirely the confidence of the Queen Re- gent, endeavoured, with her connivance, to engage the two nations in hostilities. Contrarv to the orders of the Scottish general, he marched over the Tweed with his own soldiers, and invested Werk Castle, a garrison of the English. The Scots, instead of se- conding his attempt, were enraged at his presump- tion. The Queen's partiality towards France had long been suspected ; but it was now visible that she wantonly sacrificed the peace and safety of Scotland to the interest of that ambitious and as- suming ally. Under the feudal governments, it was in camps that subjects were accustomed to address the boldest remonstrances to their sovereigns. — While arms were in their hands they felt their own strength; and at that time all their representations of grievances carried the authority of commands. On this occasion the resentment of the nobles broke out with such violence, that the Queen, per- ceiving all attempts to engage them in action to be vain, abruptly dismissed her army, and retired with the utmost shame and disgust; having discovered the impotence of her own authority, without ef- fecting any thing which could be of advantage to France 32 . It is observable that this first instance of con- tempt for the Regent's authority can, in no degree, be imputed to the influence of the new opinions in religion. As the Queen's pretensions to the Re- gency had been principally supported by those who favoured the Reformation, and as she still needed them for a counterpoise to the Archbishop of St. Andrew's, and the partisans of the house of Ha- 32 Strype's Memor. iii. Append. 274. Lesly, 196. 1566. OF SCOTLAND. 147 inilton ; she continued to treat them with great re- spect, and admitted them to no inconsiderable share in her favour and confidence. Kirkaldy of Grange, and the other surviving conspirators against Car- dinal Beatoun were about this time recalled by her from banishment; and, through her connivance, the Protestant preachers enjoyed an interval of tran- quillity, which was of great advantage to their cause. Soothed by these instances of the Queen's modera- tion and humanity, the Protestants left to others the office of remonstrating; and the leaders of tne opposite factions set them the first example of dis- puting the will of their sovereign. As the Queen Regent felt how limited and pre- carious her authority was, while it depended on the poise of these contrary factions, she endeavoured to establish it on a broader and more secure founda- tion, by hastening the conclusion of her daughter's marriage with the Dauphin. Amiable as the Queen of Scots then was, in the bloom of youth, and con- siderable as the territories were, which she would have added to the French monarchy ; reasons were not wanting to dissuade Henry from completing his first plan of marrying her to his son. The Con- stable Montmorency had employed all his interest to defeat an alliance which reflected so much lustre on the Princes of Lorrain. He had represented the impossibility of maintaining order and tran- quillity among a turbulent people, during the ab- sence of their sovereign ; and for that reason had advised Henry to bestow the young Queen upon one of the Princes of the blood, who, by residing in Scotland, might preserve that kingdom a useful ally to France, which, by a nearer union to the crown, would become a mutinous and ungovernable 148 THE HISTORY B. II, province 33 . But at this time the Constable was a prisoner in the hands of the Spaniards ; the Princes of Lorrain were at the height of their power ; and their influence, seconded by the charms of the young Queen, triumphed over the prudent but envious re- monstrances of their rival. Dec. 14, 1557.] The French King accordingly applied to the Parliament of Scotland, which ap- pointed eight of its members 34 to represent the whole body of the nation, at the marriage of the Queen. Among the persons on whom the public choice conferred this honourable character were some of the most avowed and zealous advocates for the Reformation ; by which may be estimated the degree of respect and popularity which that party had now attained in the kingdom. The in- structions of the parliament to those commissioners still remain 35 , and do honour to the wisdom and integrity of that assembly. At the same time that they manifested, with respect to the articles of marriage, a laudable concern for the dignity and interest of their sovereign, they employed every precaution which prudence could dictate, for pre- serving the liberty and independence of the nation, and for securing the succession of the crown in the house of Hamilton. With regard to each of these, the Scots obtained whatever satisfaction their fear or jealousy could demand. The young Queen, the Dauphin, and the King of France ratified every article with the most 33 Melv. Mem. 15. 31 Viz. The Archbishop of Glasgow, the Bishop of Ross, the Bishop of Orkney, the Earls of Rothes and Cassils, Lord Flem- ing, Lord Seton, the Prior of St. Andrew's, and John Erskine of Dun. : '"' Keith, Append. 13. 1557. OF SCOTFJAND. 149 solemn oaths, and continued them by deeds in form under their hands and seals. But on the part of France, all this was one continued scene of studied and elaborate deceit. Previous to these public transactions with the Scottish deputies, Mary had been persuaded to subscribe privately three deeds, equally unjust and invalid ; by which, failing the heirs of her own body, she conferred the kingdom of Scotland, with whatever inheritance or succes- sion might accrue to it, in free gift upon the crown of France, declaring all promises to the contrary, which the necessity of her affairs, and the solicita- tions of her subjects, had extorted, or might extort from her, to be void and of no obligation 36 . As it gives us a proper idea of the character of the French court under Henry II. we may observe that the King himself, the keeper of the great seals, the Duke of Guise, and the Cardinal of Lorrain were the persons engaged in conducting this perfidious and dishonourable project. The Queen of Scots was the only innocent actor in that scene of iniquity. Her youth, her inexperience, her education in a foreign country, and her deference to the will of her uncles, must go far towards vindicating her, in the judgment of every impartial person, from any im- putation of blame on that account. This grant, by which Mary bestowed the inherit- ance of her kingdom upon strangers, was concealed with the utmost care from her subjects. They seem, however, not to have been unacquainted with the intention of the French to overturn the settle- ment of the succession in favour of the Duke of Chatelherault. The zeal with which the arch- bishop of St. Andrew's opposed all the measures ' M Corps Diplomat, torn. v. 21. Keith, 73. o 2 150 THE HISTORY B. II, of the Queen Regent, evidently proceeded from the tears and suspicions of that prudent prelate on this head w. xApril 14, 1558.] The marriage, however, was celebrated with great pomp ; and the French, who had hitherto affected to draw a veil over their designs upon Scotland, began now to unfold their intentions without any disguise. In the treaty of marriage, the deputies had agreed that the Dauphin should assume the name of King of Scotland. This they considered only as an honorary title; but the French laboured to annex to it some solid privileges and power. They insisted that the Dauphin's title should be publicly recognised; that the Crown Matrimonial should be conferred upon him ; and that all the rights pertaining to the husband of a Queen should be vested in his person. By the laws of Scotland, a person who married an heiress, kept possession of her estate during his own life, if he happened to survive her and the children born of the marriage 33 . This was called the courtesy of Scotland. The French aimed at applying this rule, which takes place in private inheritances, to the succession of the kingdom ; and that seems to be implied in their demand of the Crown Matrimonial, a phrase peculiar to the Scottish historians, and which they have neglected to explain 39 . As the 37 About this time the French seem to have had some design of reviving the Earl of Lennox's pretensions to the succession, in order to intimidate and alarm the Duke of Chatelherault. — Havnes, 215, 219. Porbes's Collect, vol. i. 189. M Reg. Mag. lib. ii. 58. 1)9 As far as I can judge, the husband of the Queen, by the grant of the Crown Matrimonial, acquired a right to assume the title of King, to have his name stamped upon the current coin, and to i all public instruments together with the Queen. In conse- quence of this, the subjects took, au oath of fidelity to him, Keith, 15oH. OF SCOTLAND. 151 French had reason to expect difficulties in carrying through this measure, they began with sounding the deputies who were then at Paris. The English, in the marriage articles between their Queen and Phi- lip of Spain, had set an example to the age, of that prudent jealousy and reserve with which a foreigner should be admitted so near the throne. Full of the same ideas, the Scottish deputies had, in their oath of allegiance to the Dauphin, expressed themselves with remarkable caution 40 . Their answer was in the same spirit, respectful but firm ; and discovered a fixed resolution of consenting to nothing that tended to introduce any alteration in the order of succession to the crown. Four of the deputies n happening to die before they returned into Scotland, this accident was uni- versally imputed to the effects of poison, which was supposed to have been given them by the emissaries of the House of Guise. The historians of all na- tions discover an amazing credulity with respect to rumours of this kind, which are so well calculated to please the malignity of some men, and to gratify the love of the marvellous which is natural to all, that in every age they have been swallowed with- Append. 20. His authority became, in some measure, coordinate with that of the Queen; and without his concurrence, manifested by signing his name, no public deed seems to have been consi- dered as valid. By the oath of fidelity of the Scottish commis- sioners to the Dauphin, it is evident that, in their opinion, the rights belonging to the Crown Matrimonial subsisted only during the continuance of the marriage. Keith, Append. 20. But the conspirators against Rizio hound themselves to procure a giant of the Crown Matrimonial to Darnly, during aii the days of his life. Keith, Append. 120. Good i. 227. *° Keith, Append. 20. 11 The Bishop of Orkney, the Earl of Rothes, the Earl of Cas- si].s, and Lord Fleming. 152 THE HISTORY B. II. out examination, and believed contrary to reason. No wonder the Scots should easily give credit to a suspicion which received such strong colours of pro- bability, both from their own resentment and from the known character of the Princes of Lorrain, so little scrupulous about the justice of the ends which they pursued, or of the means which they employed. For the honour of human nature, however, it must be observed, that as we can discover no motive which could induce any man to perpetrate such a crime, so there appears no evidence to prove that it was committed. But the Scots of that age, in- fluenced by national animosities and prejudices, were incapable of examining the circumstances of the case with calmness, or of judging concerning them with candour. All parties agreed in believing the French to have been guilty of this detestable action ; and it is obvious how much this tended to increase the aversion for them, which was growing among all ranks of men. Notwithstanding the cold reception which their proposal concerning the Crown Matrimonial met with from the Scottish deputies, the French ven- tured to move it in parliament. The partisans of the house of Hamilton, suspicious of their designs upon the succession, opposed it with great zeal. But a party, which the feeble and unsteady conduct of their leader had brought under much disreputation, was little able to withstand the influence of France, and the address of the Queen Regent, seconded, on this occasion, by all the numerous adherents of the Reformation. Besides, that artful Princess dressed out the French demands in a less offensive garb, and threw in so many limitations as seemed to render them of small consequence. — These either 1559. OI- SCOTLAND. 153 deceived the Scots, or removed their scruples; and in compliance to the Queen they passed an act, con- ferring the Crown Matrimonial on the Dauphin ; and with the fondest credulity trusted to the frail se- curity of words and statutes, against the dangerous encroachments of power 42 . The concurrence of the Protestants with the Queen Regent, in promoting a measure so accept- able to France, while the Popish clergy, under the Influence of the Archbishop of St. Andrew's, op- posed it with so much violence 45 , is one of those singular circumstances in the conduct of parties, for which this period is so remarkable. It may be ascribed, in some degree, to the dexterous manage- ment of the Queen, but chiefly to the moderation of those who favoured the Reformation. The Pro- testants were by this time almost equal to the Catholics, both in power and in number; and, con- scious of their own strength, they submitted with impatience to that tyrannical authority with which the ancient laws armed the ecclesiastics against them. They longed to be exempted from this op- pressive jurisdiction, and publicly to enjoy the liberty of professing those opinions, and of exercising that worship, which so great a part of the nation deemed to be founded in truth and to be acceptable to the Deity. This indulgence, to which the whole weight of priestly authority was opposed, there were only 42 The act of parliament is worded with the utmost care, with a view to guard against any hreach of the order of succession. Hut the Duke, not reiving on this alone, entered a solemn pro- testation to secure his own right. Keith, 70. It is plain that he suspected the French of having some intention to set aside bis right of succession; and, indeed, if lhe_y had no design of Miat kind, the eagerness with which they urged their demand was childish. " Mel?. 17. 154 THE HISTORY B. II. two ways of obtaining. Either violence must ex- tort it from the reluctant hand of their sovereign, or by prudent compliances they might expect it from her favour or her gratitude. The former is an ex- pedient for the redress of grievances, to which no nation has recourse suddenly ; and subjects seldom venture upon resistance, which is their last remedy, but in cases of extreme necessity. On this occa- sion the Reformers wisely held the opposite course, and by their zeal in forwarding the Queen's designs they hoped to merit her protection. This dispo- sition the Queen encouraged to the utmost, and amused them so artfully with many promises, and some concessions, that, by their assistance, she sur- mounted in parliament the force of a national and laudable jealousy, which would otherwise have swayed with the greater number. Another circumstance contributed somewhat to acquire the Regent such considerable influence in this parliament. In Scotland, all the bishoprics, and those abbeys which conferred a title to a seat in parliament, were in the gift of the crown 44 . From the time of her accession to the regency, the Queen had kept in her own hands almost all those which became vacant, except such as were, to the great disgust of the nation, bestowed upon foreigners. Among these, her brother the Cardinal of Lorrain had obtained the abbeys of Kelso and Melross, two of the most wealthy foundations in the kingdom 4, \ By this conduct she thinned the ecclesiastical bench 4(3 , which was entirely under the influence of « See Book I. > 5 Lesl.v, 202. 46 It appears from the rolls of this parliament, which Lesly calls a vcrv full one, that only seven bishops and sixteen abbots were present. 1558. OF SCOTLAND. 155 the Archbishop of St. Andrew's, and which, by its numbers and authority, usually had great weight in the house, so as to render any opposition it could give at that time of little consequence. The Earl of Argyll, and James Stewart, Prior of St. Andrew's, one the most powerful, and the other the most popular leader of the Protestants, were appointed to carry the crown and other ensigns of royalty to the Dauphin. But from this they were diverted by the part they were called to act in a more interesting scene, which now begins to open. Before we turn towards this, it is necessary to observe, that on the seventeenth of November, one thousand five hundred and fifty-eight, Mary of England finished her short and inglorious reign. Her sister Elizabeth took possession of the throne without opposition ; and the Protestant religion was once more established by law in England. The accession of a Queen, who, under very dif- ficult circumstances, had given strong indications of those eminent qualities which, in the sequel, rendered her reign so illustrious, attracted the eyes of all Europe. Among the Scots, both parties observed her first motions with the utmost solici- tude, as they easily foresaw that she would not remain long an indifferent spectator of their trans- actions. Under many discouragements and much oppres- sion, the Reformation advanced towards a full es- tablishment in Scotland. All the low country, the most populous, and at that time the most warlike part of the kingdom, was deeply tinctured with the Protestant opinions : and if the same impressions were not made in the more distant counties, it was owing to no want of the same dispositions among 156 THE HISTORY B. II, the people, but to the scarcity of preachers, whose most indefatigable zeal could not satisfy the avidity of those who desired their instructions. Among a people bred to arms, and as prompt as the Scots to act with violence; and in an age when religious passions had taken such strong possession of the human mind, and moved and agitated it with so much violence, the peaceable and regular demean- our of so numerous a party is astonishing. From the death of Mr. Patrick Hamilton, the first who suffered in Scotland for the Protestant religion, thirty years had elapsed, and during so long a pe- riod no violation of public order or tranquillity had proceeded from that sect 47 ; and though roused and irritated by the most cruel excesses of ecclesiastical tyranny, they did in no instance transgress those bounds of duty which the law prescribes to sub- jects. Besides the prudence of their own leaders, and the protection which the Queen Regent, from political motives, afforded them, the moderation of the Archbishop of St. Andrew's encouraged this pacific disposition. That prelate, whose private life cotemporary writers tax with great irregulari- ties 48 , governed the church, for some years, with a temper and prudence of which there are few ex- amples in that age. But some time before the meeting of the last parliament, the Archbishop de- parted from those humane maxims by which he had hitherto regulated his conduct; and, whether in spite to the Queen, who had entered into so close 47 The murder of Cardinal Beafoiin was occasioned bv private revenge; and being contrived and executed bv sixteen person* onlv, cannot with justice be imputed to the whole Protestant party. ** Knos, Buchanan, Keith, 20*. 1558. OF SCOTLAND. 157 a union with the Protestants, or in compliance with the importunities of his clergy, he let loose all the rage of persecution against the reformed; sentenced to the flames an aged priest, who had been convicted of embracing the Protestant opinions; and sum- moned several others, suspected of the same crime, to appear before a synod of the clergy, which was soon to convene at Edinburgh. Nothing could equal the horror of the Protes- tants at this unexpected and barbarous execution, but the zeal with which they espoused the defence of a cause that now seemed devoted to destruction. They had immediate recourse to the Queen Regent; and as her success in the parliament, which was then about to meet, depended on their concurrence, she not only sheltered them from the impending storm, but permitted them the exercise of their re- ligion with more freedom than they had hitherto enjoyed. Unsatisfied with this precarious tenure by which they held their religious liberty, the Pro- testants laboured to render their possession of it more secure and independent. With this view they determined to petition the Parliament for some legal protection against the exorbitant and oppressive jurisdiction of the ecclesiastical courts, which, by their arbitrary method of proceeding, founded in the canon law, were led to sentences the most shock- ing to humanity, by maxims the most repugnant to justice. But the Queen, who dreaded the effect of a debate on this delicate subject, which could not fail of exciting high and dangerous passions, prevailed on the leaders of the party, by new and more solemn promises of her protection, to desist from any application to parliament, where their mini • bers and influence would, in all probability, haw vol. I. p 158 THE HISTORY B. II. procured them, if not entire redress, at least some mitigation of their grievances. They applied to another assembly, to a convo- cation of the Popish clergy, but with the same ill success which hath always attended every proposal for reformation addressed to that order of men. To abandon usurped power, to renounce lucrative error, are sacrifices which the virtue of individuals has, on some occasions, offered to truth; but from any society of men no such effort can be expected. The corruptions of a society recommended by com- mon utility, and justified by universal practice, are viewed by its members without shame or horror; and reformation never proceeds from themselves, but is always forced upon them by some foreign hand. Suitable to this unfeeling and inflexible spirit was the behaviour of the convocation in the present conjuncture. All the demands of the Pro- testants were rejected with contempt; and the Popish clergy, far from endeavouring, by any pru- dent concessions, to sooth and to reconcile such a numerous body, asserted the doctrines of their church, concerning some of the most exceptionable articles, with an ill timed rigour, which gave new offence 49 . 1559.] During the sitting of the convocation, the Protestants first began to suspect some change in the Regent's disposition towards them. Though joined with them for many years by interest, and united, as they conceived, by the strongest ties of affection and of gratitude, she discovered, on this occasion, evident symptoms, not only of coldness, but of a growing disgust and aversion. In order to account for this, our historians do little more than 49 Keitb, 81. 1559. OF SCOTLAND. 159 produce the trite observations concerning the in- fluence of prosperity to alter the character and to corrupt the heart. The Queen, say they, having reached the utmost point to which her ambition aspired, no longer preserved her accustomed mo- deration, but, with an insolence usual to the for- tunate, looked down upon those by whose assist- ance she had been enabled to rise so high. But it is neither in the depravity of the human heart nor in the ingratitude of the Queen's disposition that we must search for the motives of her present conduct. These were derived from another and a more re- mote source, which, in order to clear the subse- quent transactions, we shall endeavour to open with some care. The ambition of the Princes of Lorrain had been no less successful than daring; but all their schemes were distinguished by being vast and unbounded. Though strangers at the court of France, their emi- nent qualities had raised them, in a short time, to a height of power superior to that of all other sub- jects, and had placed them on a level even with the Princes of the blood themselves. The church, the army, the revenue, were under their direction. No- thing but the royal dignity remained unattained, and they were elevated to a near alliance with it, by the marriage of the Queen of Scots to the Dauphin. In order to gratify their own vanity, and to render their niece more worthy the heir of France, they set on foot her claim to the crown of England, which was founded on pretences not unplausible. The tragical amours and marriages of Henry VIII. are known to all the world. Moved by the caprices of his love or of his resentment, that im- patient and arbitrary monarch had divorced or be- 100 THE HISTORY. B. II, headed four of the six Queens whom he married. Ill order to gratify him, both his daughters had been declared illegitimate by act of parliament; and yet, with that fantastic inconsistence which distinguishes his character, he, in his last will, whereby he was empowered to settle the order of succession, called both of them to the throne upon the death of their brother Edward; and, at the same time, passing by the posterity of his eldest sister Margaret Queen of Scotland, he appointed the line of succession to continue in the descendants of his younger sister, the Duchess of Suffolk. In consequence of this destination, the validity whereof was admitted by the English, but never recognised by foreigners, Mary had reigned in Eng- land without the least complaint of neighbouring Princes. But the same causes which facilitated her accession to the throne were obstacles to the elevation of her sister Elizabeth, and rendered her possession of it precarious and insecure. Rome trembled for the Catholic faith under a Protestant Queen of such eminent abilities. The same super- stitious fears alarmed the court of Spain. France beheld with concern a throne, to which the Queen of Scots could form so many pretensions, occupied by a rival, whose birth, in the opinion of all good Catholics, excluded her from any legal right of succession. The impotent hatred of the Roman Pontiff, or the slow councils of Philip II. would have produced no sudden or formidable effect. The ardent and impetuous ambition of the Princes of Lorrain, who at that time governed the court of France, was more decisive, and more to be dreaded. Instigated by them, Henry, soon after the death of i uy, persuaded his daughter-in-law and her bus- 1559. OF SCOTLAND. 161 band to assume the title of King and Queen of Eng- land. They affected to publish this to all Europe. They used that style and appellation in public papers, some of which still remain 50 . The arms of England were engraved on their coin and plate, and borne by them on all occasions. No prepara- tions, however, were made to support this impoli- tic and premature claim. Elizabeth was already seated on her throne ; she possessed all the intre- pidity of spirit, and all the arts of policy, which were necessary for maintaining that station. Eng- land was growing into reputation for naval power. The marine of France had been utterly neglected; and Scotland remained the only avenue by which the territories of Elizabeth could be approached. It was on that side, therefore, that the Princes of Lorrain determined to make their attack 51 ; and, by using the name and pretensions of the Scottish Queen, they hoped to rouse the English Catholics, formidable at that time by their zeal and numbers, and exasperated to the utmost against Elizabeth on account of the change which she had made in the national religion. It was in vain to expect the assistance of the Scottish Protestants to dethrone a Queen whom all Europe began to consider the most powerfid guardian and defender of the reformed faith. To break the power and reputation of that party in Scotland became, for this reason, a necessary step towards the invasion of England. With this the Princes of Lorrain resolved to open their scheme. And as persecution was the only method for sup- pressing religious opinions known in that age, or r '° Anders. Diplom. Scot. Nos. 08 and 104. '•' Forbes's Collect, i. 253. 209. 271). 401. p 2 102 THE HISTORY B. II. xlictated by the despotic and sanguinary spirit of the Romish superstition, this, in its utmost vio- lence, they determined to employ. The Earl of Argyll, the Prior of St. Andrew's, and other leaders of the party, were marked out by them for imme- diate destruction 52 ; and they hoped, by punishing them, to intimidate their followers. Instructions for this purpose were sent from France to the Queen llegent. That humane and sagacious Prin- cess condemned a measure which was equally violent and impolitic. By long residence in Scot- land, she had become acquainted with the eager and impatient temper of the nation ; she well knew the power, the number, and popularity of the Pro- testant leaders; and had been a witness to the in- trepid and unconquerable resolution which religious fervour could inspire. What then could be gained by rousing this dangerous spirit, which hitherto all the arts of policy had scarcely been able to restrain? If it once broke loose, the authority of a Regent would be little capable to subdue, or even to mo- derate its rage. If, in order to quell it, foreign forces were called in, this would give the alarm to the whole nation, irritated already at the excessive power which the French possessed in the kingdom, and suspicious of all their designs. Amidst the shock which this might occasion, far from hoping to exterminate the Protestant doctrine, it would be well if the whole fabric of the established church were not shaken, and perhaps overturned from the foundation. These prudent remonstrances made no impression on her brothers; precipitant, but inflex- ible in all their resolutions, they insisted on the full and rigorous execution of their plan. Mary, 52 Forbes's Collect, i. 152. 1551). OF SCOTLAND. 103 passionately devoted to the interest of France, and ready, on all occasions, to sacrifice her own opi- nions to the inclinations of her brothers, prepared to execute their commands with implicit submis- sion 55 ; and, contrary to her own judgment and to all the rules of sound policy, she became the in- strument of exciting civil commotions in Scotland, the fatal termination of which she foresaw and dreaded. From the time of the Queen's competition for the regency with the Duke of Chatelherault, the Popish clergy, under the direction of the Arch- bishop of St. Andrews, had set themselves in op- position to all her measures. Her first step to- wards the execution of her new scheme was to regain their favour. Nor was this reconcilement a matter of difficulty. The Popish ecclesiastics, separated from the rest of mankind by the law of celibacy, one of the boldest and most successful efforts of human policy; and combined among themselves in the closest and most sacred union, have been accustomed, in every age, to sacrifice all private and particular passions to the dignity and interest of their order. Delighted on this occasion with the prospect of triumphing over a faction, the encroachments of which they had long dreaded, and animated with the hopes of reestablishing their declining grandeur on a firmer basis, they at once canceled the memory of past injuries, and engaged to second the Queen in all her attempts to check the progress of the Reformation. The Queen, be- ing secure of their assistance, openly approved of the decrees of the convocation, by which the prin- ciples of the Reformers were condemned ; and at 53 Melv. 18. Mem. dc Custelnau, ap. Jcbb, vol. ii. 4-10. 164 THE HISTORY B. II. the same time she issued a proclamation, enjoining all persons to observe the approaching festival of Easter according to the Romish ritual. As it was no longer possible to mistake the Queen's intentions, the Protestants, who saw the danger approach, in order to avert it, employed the Earl of Glencairn, and Sir Hugh Campbell of London, to expostulate with her concerning this change towards severity, which their former ser- vices had so little merited, and which her reiterated promises gave them no reason to expect. She, without disguise or apology, avowed to them her resolution of extirpating the reformed religion out of the kingdom. And, upon their urging her for- mer engagements with an uncourtly but honest boldness, she so far forgot her usual moderation, as to utter a sentiment, which, however apt those of royal condition may be to entertain it, prudence should teach them to conceal as much as possible. " The promises of Priuces," says she, " ought not to be too carefully remembered, nor the perfor- mance of them exacted, unless it suits their own conveniency." The indignation which betrayed the Queen into this rash expression was nothing in comparison of that with which she was animated upon hearing that the public exercise of the reformed religion had been introduced into the town of Perth. At once she threw off the mask, and issued a mandate, summoning all the Protestant preachers in the kingdom to a court of justice, which was to be held at Stirling on the tenth of May. The Protes- tants, who, from their union, began about this time to be distinguished by the name of the CONGRE- GATION, were alarmed, but not intimidated by this 1559, OF SCOTLAND. 1(k> danger ; and instantly resolved not to abandon the men to whom they were indebted for the most valu- able of all blessings, the knowledge of truth. At that time there prevailed in Scotland, with respect to criminal trials, a custom, introduced at first by the institutions of vassalage and clanship, and tole- rated afterwards under a feeble government: per- sons accused of any crime were accompanied to the place of trial by a retinue of their friends and ad- herents, assembled for that purpose from every quarter of the kingdom. Authorized by this an- cient practice, the reformed convened in great num- bers to attend their pastors to Stirling. The Queen dreaded their approach with a train so numerous, though unarmed ; and in order to prevent them from advancing, she empowered John Erskine of Dun, a person of eminent authority with the party, to promise in her name that she would put a stop to the intended trial, on condition the preachers and their retinue advanced no nearer to Stirling. Erskine, being convinced himself of the Queen's sincerity, served her with the utmost zeal; and the Protestants, averse from proceeding to any act of violence, listened with pleasure to so pacific a pro- position. The preachers, with a few leaders of the party, remained at Perth; the multitude which had gathered from different parts of the kingdom dis- persed, and retired to their own habitations. But, notwithstanding this solemn promise, the Queen, on the tenth of May, proceeded to call to trial the persons who had been summoned, and, upon their nonappearance, the rigour of justice took place, and they were pronounced outlaws. By this ignoble artifice, so incompatible with regal dignity, and so inconsistent with that integrity 166 THE HISTORY B. II. which should prevail in all transactions between sovereigns and their subjects, the Queen forfeited the esteem and confidence of the whole nation. The Protestants, shocked no less at the indecency with which she violated the public faith than at the danger which threatened themselves, prepared boldly for their own defence. Erskine, enraged at having been made the instrument for deceiving his party, instantly abandoned Stirling, and repairing to Perth, added to the zeal of his associates, by his representations of the Queen's inflexible reso- lution to suppress religion 51 . The popular rhetoric of Knox powerfully se- conded his representations ; he having been carried a prisoner into France, together with the other per- sons taken in the castle of St. Andrew's, soon made his escape out of that country; and residing some- times in England, sometimes in Scotland, had at last been driven out of both kingdoms by the rage of the Popish clergy, and was obliged to retire to Geneva. Thence he was called by the leaders of the Protestants in Scotland; and, in compliance with their solicitations, he set out for his native country, where he arrived a few days before the trial appointed at Stirling. He hurried instantly to Perth, to share with his brethren in the common danger, or to assist them in the common cause. — While their minds were in that ferment which the Queen's perfidiousness and their own danger occa- sioned, he mounted the pulpit, and by a vehement harangue against idolatry inflamed the multitude with the utmost rage. The indiscretion of a priest, who, immediately after Knox's sermon, was prepar- ing to celebrate mass, and began to decorate the 54 Keith, p. 84. 1559. OF SCOTLAND. 167 altar for that purpose, precipitated them into im- mediate action. With tumultuary but irresistible violence they fell upon the churches in that city, overturned the altars, defaced the pictures, broke in pieces the images; and proceeding next to the monasteries, they in a few hours laid those sump- tuous fabrics almost level with the ground. This riotous insurrection was not the effect of any con- cert or previous deliberation ; censured by the re- formed preachers, and publicly condemned by per- sons of most power and credit with the party, it must be regarded merely as an accidental eruption of popular rage 55 . But to the Queen Dowager these proceedings appeared in a very different light. Besides their manifest contempt for her authority, the Protes- tants had violated every thing in religion which she deemed venerable or holy ; and on both these ac- counts she determined to inflict the severest ven- geance on the whole party. She had already drawn the troops in French pay to Stirling; with these, and what Scottish forces she could levy of a sudden, she marched directly to Perth, in hopes of surprising the Protestant leaders before they could assemble their followers, whom, out of confidence in her disingenuous promises, they had been rashly induced to dismiss. Intelligence of these prepara- tions and menaces was soon conveyed to Perth. The Protestants would gladly have soothed the Queen, by addresses both to herself and to the persons of greatest credit in her court; but, finding her inexorable, they with great vigour took mea- sures for their own defence. Their adherents, ani- mated with zeal for religion, and eager to expose M Knox. Hist. 127, 128. 108 THE HISTORY 6. II. themselves in so good a cause, flocked in such num-> bers to Perth that they not only secured the town from danger, but within a few days were in a con- dition to take the field, and to face the Queen, who advanced with an army seven thousand strong. Neither party, however, was impatient to en- gage. The Queen dreaded the event of a battle with men whom the fervour of religion raised above the sense of fear or danger. The Protestants be- held with regret the Earl of Argyll, the Prior of St. Andrew's, and some other eminent persons of their party, still adhering to the Queen ; and, des- titute of their aid and counsel, declined hazarding an action, the ill success of which might have proved the ruin of their cause. The prospect of an accom- modation was for these reasons highly acceptable to both sides : Argyll and the Prior, who were the Queen's commissioners for conducting the nego- tiation, seem to have been sincerely desirous of reconciling the contending factions; and the Earl of Glencairn, arriving unexpectedly with a powerful reinforcement to the Congregation, augmented the Queen's eagerness for peace. A treaty w 7 as ac- cordingly concluded, in which it was stipulated that both armies should be disbanded, and the gates of Perth set open to the Queen ; that indemnity should be granted to the inhabitants of that city, and to all others concerned in the late insurrection ; that no French garrison should be left in Perth, and no French soldier should approach within three miles of that place ; and that a parliament should imme- diately be held, in order to compose whatever dif- ference might still remain 56 . May 29.] The leaders of the Congregation, dis- 56 Keitb, SO. 1559. OF SCOTLAND. lfi.'f trustful of the Queen's sincerity, and sensible that concessions, flowing not from inclination, but ex- torted by the necessity of her affairs, could not long remain in force, entered into a new associa- tion, by which they bound themselves, on the first infringement of the present treaty, or on the least appearance of danger to their religion, to reassem- ble their followers, and to take arms in defence of what they deemed the cause of God and of their country 07 . The Queen, by her conduct, demonstrated these precautions to be the result of no groundless or un- necessary fear. No sooner were the Protestant forces dismissed than she broke every article in the treaty. She introduced French troops into Perth, fined some of the inhabitants, banished others, re- moved the magistrates out of office ; and on her retiring to Stirling, she left behind her a garrison of six hundred men, with orders to allow the exercise of no other religion than the Roman Catholic. — The situation of Perth, a place at that time of some strength, and a town among the most proper of any in the kingdom for the station of a garrison, seems to have allured the Queen to this unjustifi- able and ill judged breach of public faith; which she endeavoured to colour by alleging that the body of men left at Perth was entirely composed, of native Scots, though kept in pay by the King of France. The Queen's scheme began gradually to unfold; it was now apparent that not only the religion but the liberties of the kingdom were threatened; and that the French troops were to be employed as in- struments for subduing the Scots, and wreathing i7 Knox, 2:iS. VOL. I. Q 170 THE HISTORY B. II. the yoke about their necks. Martial as the genius of the Scots then was, the poverty of their country made it impossible to keep their armies long assem- bled ; and even a very small body of regular troops might have proved formidable to the nation, though consisting wholly of soldiers. But what number of French forces were then in Scotland, at what times and under what pretext they returned, after having left the kingdom in one thousand rive hundred and fifty, we cannot with any certainty determine. Con- temporary historians often select with little judg- ment the circumstances which they transmit to pos- terity ; and with respect to matters of the greatest curiosity and importance, leave succeeding ages altogether in the dark. We may conjecture, how- ever, from some passages in Buchanan, that the French and Scots in French pay amounted at least to three thousand men, under the command of Mon- sieur D'Oysel, a creature of the house of Guise; and they were soon augmented to a much more formidable number. The Queen, encouraged by having so consider- able a body of well disciplined troops at her com- mand, and instigated by the violent counsels of D'Oysel, had ventured, as we have observed, to violate the treaty of Perth, and by that rash action once more threw the nation into the most dangerous convulsions. The Earl of Argyll and the Prior of St. Andrew's instantly deserted a court where faith and honour seemed to them to be no longer regarded ; and joined the leaders of the Congre- gation, who had retreated to the eastern part of Fife. The barons from the neighbouring counties repaired to them, the preachers roused the people to arms, and wherever they came, the same violent 1559. OF SCOTLAND. 171 operations, which accident had occasioned at Perth, were now encouraged out of policy. The enraged multitude was let loose, and churches and monas- teries, the monuments of ecclesiastic pride and luxury, were sacrificed to their zeal. In order to check their career, the Queen, with- out losing a moment, put her troops in motion ; but the zeal of the Congregation got the start once more of her vigilance and activity. In that war- like age, when all men were accustomed to arms, and on the least prospect of danger were ready to run to them, the leaders of the Protestants found no difficulty to raise an army. Though they set out from St. Andrew's with a slender train of a hundred horse, crowds flocked to their standards from every corner of the country through which they marched; and before they reached Falkland, a village only ten miles distant, they were able to meet the Queen with superior force 58 . The Queen, surprised at the approach of so for- midable a body, which was drawn up by its leaders in such a manner as added greatly in appearance to its numbers, had again recourse to negotiation. She found, however, that the preservation of the Protestant religion, their zeal for which had at first roused the leaders of the Congregation to take arms, was not the only object they had now in view. They were animated with the warmest love of civil liberty, which they conceived to be in im- minent danger from the attempts of the French forces ; and these two passions mingling, added reciprocally to each other's strength. Together With more enlarged notions in religion, the Refor- mation tilled the human mind with more liberal and 58 Knox, 111. Xl'l THE HISTORY B. II, generous sentiments concerning civil government. The genius of Popery is extremely favourable to the power of Princes. The implicit submission to all her decrees, which is exacted by the Romish church, prepares and breaks the mind for political servitude ; and the doctrines of the Reformers, by overturning the established system of superstition, weakened the firmest foundations of civil tyranny. That bold spirit of inquiry, which led men to re- ject theological errors, accompanied them in other sciences, and discovered every where the same manly zeal for truth. A new study, introduced at the same time, added greater force to the spirit of liberty. Men became more acquainted with the Greek and Roman authors, who described exqui- site models of free government, far superior to the inaccurate and oppressive system established by the feudal law ; and produced such illustrious ex- amples of public virtue as wonderfully suited both the circumstances and spirit of that age. Many among the most eminent Reformers were them* selves considerable masters in ancient learning ; and all of them eagerly adopted the maxims and spirit of the ancients with regard to government - 31 '. The most ardent love of liberty accompanied the Protestant religion throughout all its progress ; and wherever it was embraced, it roused an independent 59 The excessive admiration of ancient policy was the occasion of Knox's famous hook concerning the Government of Women, wherein, conformable to the maxims of the ancient legislators, which modern experience has proved to be ill founded, he pro- nounces the elevation of women to the supreme authority to be utterly destructive of good government. His principles, autho- rities, and examples were all drawn from ancient writers. The same observation may be made with regard to Buchanan's Dia- logue, J)e Jure Regni apud Scoios, It is founded, not on the maxims of feudal, but of ancient republican government. loot). OF SCOTLAND. 173 spirit, which rendered men attentive to their privi- leges as subjects, and jealous of the encroachments of their sovereigns. Knox and the other preachers of the Reformation infused generous sentiments concerning government into the minds of their hearers ; and the Scottish barons, naturally free and bold, were prompted to assert their rights with more freedom and boldness than ever. Instead of obeying the Queen Regent, who had enjoined them to lay down their arms, they demanded not only the redress of their religious grievances, but, as a preliminary toward settling the nation, and secur- ing its liberties, required the immediate expulsion of the French troops out of Scotland. It was not in the Queen's power to make so important a con- cession without the concurrence of the French Mo- narch ; and as some time was requisite in order to obtain that, she hoped during this interval to re- ceive such reinforcements from France, as would insure the accomplishment of that design which she had twice attempted with unequal strength. [June 13.] Meanwhile, she agreed to a cessation of arms for eight days, and before the expiration of these, engaged to transport the French troops to the south side of the Forth ; and to send commis- sioners to St. Andrew's, who should labour to brine; all differences to an accommodation. As she hoped, by means of the French troops, to overawe the Protestants in the southern counties, the former article in the treaty was punctually executed; the latter, having been inserted merely to amuse the Congregation, was no longer remembered. By these reiterated and wanton instances of per- fidy, the Queen lost all credit with her adversaries ; and no safety appearing in any other cause, they Q2 174 THE HISTORY B. II. again took arras with more inflamed resentment, and with bolder and more extensive views. The re- moving- of the French forces had laid open to them all the country situated between Forth and Tay. The inhabitants of Perth alone remaining subjected to the insolence and actions of the garrison which the Queen had left there, implored the assistance of the Congregation for their relief.' Thither they marched, and having without effect required the Queen to evacuate the town iu terms of the former treaty, they prepared to besiege it in form. The Queen employed the Earl of Huntly and Lord Erskine to divert them from this enterprise. But her wonted artifices were now of no avail ; repeated so often, they could deceive no longer; and, with- out listening to her offers, the Protestants con- tinued the siege, and soon obliged the garrison to capitulate. After the loss of Perth, the Queen endeavoured to seize Stirling, a place of some strength, and, from its command of the only bridge over the Forth, of great importance. But the leaders of the Con- gregation, having intelligence of her design, pre- vented the execution of it by a hasty march thither with part of their forces. The inhabitants, heartily attached to the cause, set open to them the gates of their town. Thence they advanced, with the same rapidity, towards Edinburgh, which the Queen, on their approach, abandoned with precipitation, and retired to Dunbar. The Protestant army, wherever it came, kindled or spread the ardour of Reformation, and the ut- most excesses of violence were committed upon churches and monasteries. The former were spoil- zed of every decoration, which was then esteemed i.>V.>. OF SCOTLAND. 175 sacred ; the latter were laid in ruins. We are apt, at this distance of time, to condemn the furious zeal of the Reformers, and to regret the overthrow of so many stately fabrics, the monuments of our ances- tors' magnificence, and among the noblest orna- ments of the kingdom. But amidst the violence of a Reformation, carried on in opposition to legal authority, some irregularities were unavoidable ; and perhaps no one could have been permitted more proper to allure and interest the multitude, or more fatal to the grandeur of the established church. How absurd soever and ill founded the speculative errors of Popery may be, some inquiry and atten- tion are requisite towards discovering them. The abuses and corruptions which had crept into the public worship of that church lay more open to ob- servation, and by striking the senses excited more universal disgust. Under the long reign of hea- thenism, superstition seemed to have exhausted its talent of invention, so that when a superstitious spirit seized Christians, they were obliged to imi- tate the heathens in the pomp and magnificence of their ceremonies, and to borrow from them the or- naments and decorations of their temples. To the pure and simple worship of the primitive Christians there succeeded a species of splendid idolatry, nearly resembling those Pagan originals whence it had been copied. The contrariety of such ob- servances to the spirit of Christianity was almost the first thing, in the Romish system, which awa- kened the indignation of the Reformers, who, ap- plying to these the denunciations in the Old Testa- ment against idolatry, imagined that they could net endeavour at suppressing them with too much zeal. No task could be more acceptable to the multitude I7<> THE HISTORY B. II. than to overturn those seats of superstition ; they ran with emulation to perform it, and happy was the man whose hand was most adventurous and successful in executing a work deemed so pious. Nor did their leaders labour to restrain this impe- tuous spirit of Reformation. Irregular and violent as its sallies were, they tended directly to that end which they had in view : for, by demolishing the monasteries throughout the kingdom, and setting at liberty their wretched inhabitants, they hoped to render it impossible ever to rebuild the one, or to reassemble the other. But amidst these irregular proceedings, a cir- cumstance which does honour to the conduct and humanity of the leaders of the Congregation de- serves notice. They so far restrained the rage of their followers, and were able so to temper their heat and zeal that few of the Roman Catholics were exposed to any personal insult, and not a single man suffered death 60 . At the same time we discover, by the facility with which these great revolutions were effected, how violently the current of national favour ran to- wards the Reformation. No more than three hun- dred men marched out of Perth, under the Earl of Argyll and Prior of St. Andrew's 61 ; with this in- considerable force they advanced. 'But wherever they came the people joined them in a body ; their army was seldom less numerous than five thousand men ; the gates of every town were thrown open to receive them ; [June 29] and, without striking a single blow, they took possession of the capital of the kingdom. This rapid and astonishing success seems to <*> Lesley, ap. Jebb, vol. i. 231. 61 Keitb, 94. 1559. OF SCOTLAND. 177 -have encouraged the Reformers to extend their views, and to rise in their demands. Not satisfied with their first claim of toleration for their religion, they now openly aimed at establishing the Protes- tant doctrine on the ruins of Popery. For this reason they determined to fix their residence at Edinburgh ; and, by their appointment, Knox, and some other preachers, taking possession of the pul- pits, which had been abandoned by the affrightened clergy, declaimed against the errors of Popery with such fervent zeal as could not fail of gaining many proselytes. In the mean time the Queen, who had prudently given way to a torrent which she could not resist, observed with pleasure that it now began to sub- side. The leaders of the Congregation had been above two months in arms, and by the expenses of a campaign, protracted so long beyond the usual time of service in that age, had exhausted all the money which a country, where riches did not abound, had been able to supply. The multitude, dazzled with their success, and concluding the work to be already done, retired to their own habi- tations. A few only of the more zealous or wealthy barons remained with their preachers at Edinburgh. As intelligence is procured in civil wars with little difficulty, whatever was transacted at Edinburgh was soon known at Dunbar. The Queen, regulat- ing her own conduct by the situation of her adver- lies, artfully amused them with the prospect of an immediate accommodation; while, at the same time, she by studied delays spun out the negotia- tions for that purpose to such a length that, in the •end, the party dwindled to an inconsiderable num- -!" ! ; and, as if peace had been already reesta- 178 THE HISTORY B. II. blished, became careless of military discipline. — The Queen, who watched for such an opportunity, advanced unexpectedly, by a sudden march in the night, with all her forces, and, appearing before Edinburgh, filled that city with the utmost con- sternation. The Protestants, weakened by the im- prudent dispersion of their followers, durst not en- counter the French troops in the open field ; and were even unable to defend an ill fortified town against their assaults. Unwilling, however, to abandon the citizens to the Queen's mercy, they endeavoured, by facing the enemy's army, to gain time for collecting their own associates. But the Queen, in spite of all their resistance, would have easily forced her way into the town, if the season- able conclusion of a truce had not procured her admission without the effusion of blood. Their dangerous situation easily induced the leaders of the Congregation to listen to any over- tures of peace ; and as the Queen was looking daily for the arrival of a strong reinforcement from France, and expected great advantages from a cessation of arms, she also agreed to it upon no unequal conditions. Together with a suspension of hostilities, from the twenty-fourth of July to the tenth of January, it was stipulated in this treaty that on the one hand the Protestants should open the gates of Edinburgh next morning to the Queen Regent ; remain in dutiful subjection to her govern- ment; abstain from all future violation of religious houses ; and give no interruption to the established clergy, either in the discharge of their functions, or in the enjoyment of their benefices. On the other hand, the Queen agreed to give no molestation to the preachers or professors of the Protestant reli- 1559. OF SCOTLAND. 170 gion ; to allow the citizens of Edinburgh, during the cessation of hostilities, to enjoy the exercise of religious worship according to the form most agree- able to the conscience of each individual ; and to permit the free and public profession of the Pro- testant faith in every part of the kingdom fie . The Queen, by these liberal concessions in behalf of their religion, hoped to sooth the Protestants, and expected, from indulging their favourite passion, to render them more compliant with respect to other articles, particularly the expulsion of the French troops out of Scotland. The anxiety which the Queen expressed for retaining this body of men rendered them more and more the objects of na- tional jealousy and aversion. The immediate ex- pulsion of them was therefore demanded anew, and with greater warmth; but the Queen, taking ad- vantage of the distress of the adverse party, eluded the request, and would consent to nothing more than that a French garrison should not be intro- duced into Edinburgh. The desperate state of their affairs imposed on the Congregation the necessity of agreeing to this article, which, however, was very far fro. OF SCOTLAND. 18& drevv's, was the person who moved and actuated the whole body of the Protestants, among whom he possessed that unbounded confidence which his strenuous adherence to their interest and his great abilities so justly merited. He was the natural son of James V. by a daughter of Lord Erskine; and as that amorous monarch had left several others a burden upon the crown, they were all destined for the church, where they could be placed in stations of dignity and affluence. In consequence of this resolution the priory of St. Andrew's had been con- ferred upon James : but, during so busy a period, he soon became disgusted with the indolence and retirement of a monastic life ; and his enterprising genius called him forth to act a principal part on a more public and conspicuous theatre. The scene in which he appeared required talents of different kinds : military virtue and political discernment were equally necessary in order to render him illus- trious. These he possessed in an eminent degree. To the most unquestionable personal bravery he added great skill in the art of war, and in every en- terprise his arms was crowned with success. His sagacity and penetration in civil affairs enabled him, amidst the reeling and turbulence of factions, to hold a prosperous course ; while his boldness in defence of the Reformation, together with the de- cency and even severity of his manners, secured him the reputation of being sincerely attached to religion, without which it was impossible in that age to gain an ascendant over mankind. It was not without reason that the Queen dreaded the enmity of a man so capable to obstruct her de- signs. As she could not, with all her address, make the least impression on his fidelity to his associates, R2 186 THE HISTORY B. II. she endeavoured to lessen his influence, and to scatter among them the seeds of jealousy and dis- trust, by insinuating that the ambition of the Prior aspired beyond the condition of a subject, and aimed at nothing less than the crown itself. An accusation so improbable gained but little credit. Whatever thoughts of this kind the pre- sumption of unexpected success, and his elevation to the highest dignity in the kingdom, may be al- leged to have inspired at any subsequent period, it is certain that at this juncture he could form no such vast design. To dethrone a Queen, who was lineal heir to an ancient race of Monarchs ; who had been guilty of no action by which she could forfeit the esteem and affection of her subjects ; who could employ, in defence of her rights, the forces of a kingdom much more powerful than her own ; and to substitute in her place a person whom the illegitimacy of his birth, by the practice of all civi- lized nations, rendered incapable of any inheritance either public or private ; was a project so chimeri- cal as the most extravagant ambition would hardly entertain, and could never conceive to be practica- ble. The promise too, which the Prior made to Melvil, of residing constantly in France, on condi- tion the public grievances were redressed 67 ; the confidence reposed in him by the Duke of Chatel- herault and his son, the presumptive heirs to the crown ; and the concurrence of almost all the Scot- tish nobles in promoting the measures by which he gave offence to the French court, go far towards his vindication from those illegal and criminal de- signs, with the imputation of which the Queen en- deavoured at that time to load him. ,i7 Melvil, 54. 155!). OF SCOTLAND. \{\"J The arrival of a thousand French soldiers com- pensated,, in some degree, for the loss which the Queen sustained by the defection of the Duke of Chatelherault. These were immediately command- ed to fortify Leith, in which place, on account of its commodious harbour, and its situation in the neighbourhood of Edinburgh, and in a plentiful country, the Queen resolved to fix the head-quar- ters of her foreign forces. This unpopular measure, by the manner of executing it, was rendered still more unpopular. In order to bring the town en- tirely under their command, the French turned out a great part of the ancient inhabitants, and, taking possession of the houses which they had obliged them to abandon, presented to the view of the Scots two objects equally irritating and offensive ; on the one hand, a number of their countrymen expelled their habitations bv violence, and wandering: with- out any certain abode ; on the other, a colony of foreigners settling with their wives and children in the heart of Scotland, growing into strength by daily reinforcements, and openly preparing a yoke, to which, without some timely exertion of national spi- rit, the whole kingdom must of necessity submit. It was with deep concern that the Lords of the Congregation beheld this bold and decisive step taken by the Queen Regent ; nor did they hesitate a moment, whether they should employ their whole strength in one generous effort, to rescue their reli- gion and liberty from impending destruction. But, in order to justify their own conduct, and to throw the blame entirely on their adversaries, they re- solved to preserve the appearances of decency and respect towards their superiors, and to have no re- course to arms without the most urgent and appa- 188 THE HISTORY B. II. rent necessity. [Sept. 29.] They joined, with this view, in an address to the Regent, representing, in the strongest terms, their dissatisfaction with the measures she was pursuing, and beseeching her to quiet the fears and jealousies of the nation by de- sisting from fortifying Leith. The Queen, conscious of her present advantageous situation, and elated with the hopes of fresh succours, was in no dispo- sition for listening to demands utterly inconsistent with her views, and urged with that bold importunity which is so little acceptable to Princes 68 . The sug,oestions of her French counsellors con- tributed, without doubt, to alienate her still further from any scheme of accommodation. As the Queen was ready on all occasions to discover an extraor- dinary deference to the opinions of her countrymen, her brothers, who knew her secret disapprobation of the violent measures they were driving on, took care to place near her such persons as betrayed her, by their insinuations, into many actions, which her own unbiased judgment would have highly con- demned. As their success in the present juncture, when all things were hastening towards a crisis, depended entirely on the Queen's firmness, the Princes of Lorrain did not trust wholly to the in- fluence of their ordinary agents; but, in order to add the greater weight to their councils, they called in aid the ministers of religion ; and, by the autho- rity of their sacred character, they hoped effectually to recommend to their sister that system of severity which they had espoused 69 . With this view, but under pretence of confounding the Protestants by the skill of such able masters in controversy, they 68 Haynes, 211. 69 Lesley, 215. Castelnau, ap. Jcbb, vol. ii. 446, 473. xj-Ji). OF SCOTLAND. J81) appointed several French divines to reside in Scot- land. At the head of these, and with the charac- ter of legate from the Pope, was Pelleve Bishop of Amiens, and afterwards Archbishop and Cardi- nal of Sens, a furious bigot 70 , servilely devoted to the house of Guise, and a proper instrument for recommending or executing the most outrageous measures. Amidst the noise and danger of civil arms, these doctors had little opportunity to display their ad- dress in the use of their theological weapons. But they gave no small offence to the nation by one of their actions. They persuaded the Queen to seize the church of St. Giles in Edinburgh, which had remained ever since the late truce in the hands of the Protestants ; and having, by a new and solemn consecration, purified the fabric from the pollution with which they supposed the profane ministrations of the Protestants to have defiled it, they, in direct contradiction to one article in the late treaty, re- established there the rites of the Romish church. This, added to the indifference, and even contempt, with which the Queen received their remonstrances, convinced the Lords of the Congregation, that it was not only vain to expect any redress of their grievances at her hands, but absolutely necessary to take arms in their own defence. The eager and impetuous spirit of the nation, as well as every consideration of good policy, prompt- ed them to take this bold step without delay. It was but a small part of the French auxiliaries which had as yet arrived. The fortifications of Leith, though advancing fast, were still far from being complete. Under these circumstances of 70 Davila, Brantorue. 100 THE HISTORY B. II. disadvantage, they conceived it possible to surprise the Queen's party, and, by one sudden and deci- sive blow, to prevent all future bloodshed and con- tention. [Oct. 6.] Full of these expectations, they advanced rapidly towards Edinburgh with a nume- rous army. But it was no easy matter to deceive an adversary as vigilant and attentive as the Queen Regeut. With her usual sagacity, she both fore- saw the danger, and took the only proper course to avoid it. Instead of keeping the field against ene- mies superior in number, and formidable on a day of battle by the ardour of their courage, she retired into Leith, and determined patiently to wait the ar- rival of new reinforcements. Slight and unfinished as the fortifications of that town then were, she did not dread the efforts of an army provided neither with heavy cannon nor with military stores, and little acquainted with the method of attacking any place fortified with more art than those ancient towers erected all over the kingdom in defence of private property against the incursions of banditti. Nor did the Queen meanwhile neglect to have re- course to those arts which she had often employed to weaken or divide her adversaries. By private solicitations and promises she shook the fidelity or abated the ardour of some. By open reproach and accusation she blasted the reputation and diminish- ed the authority of others. Her emissaries were everywhere at work, and, notwithstanding the zeal for religion and liberty which then animated the na- tion, they seem to have laboured not without suc- cess. We find Knox, about this period, abounding in complaints of the lukewarm and languid spirit which had begun to spread among his party 71 . But 71 Knox, 180. 1559. OF SCOTLAND. 191 if their zeal slackened a little, and suffered a mo- mentary intermission, it soon blazed up with fresh vigour, and rose to a greater height than ever. The Queen herself gave occasion to this, by the reply which she made to a new remonstrance from the Lords of the Congregation. Upon their arrival at Edinburgh, they once more represented to her the dangers arising from the increase of the French troops, the fortifying of Leith, and her other mea- sures, which they conceived to be destructive to the peace and liberty of the kingdom ; and in this ad- dress they spoke in a firmer tone, and avowed more openly than ever their resolution of proceeding to the utmost extremities, in order to put a stop to such dangerous encroachments. To a remonstrance of this nature, and urged with so much boldness, the Queen replied in terms no less vigorous and explicit. She pretended that she was not account- able to the confederate lords for any part of her conduct ; and upon no representation of theirs would she either abandon measures which she deemed necessary, or dismiss forces which she found use- ful, or demolish a fortification which might prove of advantage. At the same time she required them, on pain of treason, to disband the forces which they had assembled. This haughty and imperious style sounded harsh- ly to Scottish nobles, impatient, from their national character, of the slightest appearance of injury; accustomed, even from their own monarchs, to the most respectful treatment; and possessing, under an aristocratical form of government, such a share of power, as equaled at all times, and often con- trolled, that of the sovereign. They were sensible at once of the indignity offered to themselves, and alarmed with this plain declaration of the Queen's 192 THE HISTORY B. IT. intentions ; and as there now remained but one step to take, they wanted neither public spirit nor reso- lution to take it. But, that they might not seem to depart from the established forms of the constitution, for which, even amidst their most violent operations, men al- ways retain the greatest reverence, [Oct. 21] they assembled all the peers, barons, and representatives of boroughs, who adhered to their party. These formed a convention, which exceeded in number, and equaled in dignity, the usual meetings of par- liament. The leaders of the Congregation laid be- fore them the declaration which the Queen had given in answer to their remonstrance ; represented the unavoidable ruin which the measures she therein avowed and justified would bring upon the king- dom ; and requiring their direction with regard to the obedience due to an administration so unjust and oppressive, they submitted to their decision a question, one of the most delicate and interesting' that can possibly fall under the consideration of subjects. This assembly proceeded to decide with no less dispatch than unanimity. Strangers to those forms which protract business, unacquainted with the arts which make a figure in debate, and much more fitted for action than discourse, a warlike people always hasten to a conclusion, and bring their de- liberations to the shortest issue. It was the work but of one day to examine and to resolve this nice problem, concerning the behaviour of subjects to- wards a ruler who abuses his power. But, how- ever abrupt their proceeding may appear, they were not destitute of solemnity. As the determination of the point in doubt was conceived to be no less the office of divines than of laymen, the former were 15oi). OF SCOTLAND. 103 called to assist with their opinion. Knox and Wii- lox appeared for the whole order, and pronounced, without hesitation, both from the precepts and ex- amples in Scripture, that it was lawful for subjects not only to resist tyrannical Princes, but to deprive them of that authority which, in their hands, be- comes an instrument for destroying those whom the Almighty ordained them to protect. The decision of persons revered so highly for their sacred cha- racter, but more for their zeal and their piety, had great weight with the whole assembly. Not satis- fied with the common indiscriminate manner of sis- nifying consent, every person present was called in his turn to declare his sentiments; and rising up in order, all gave their suffrages, without one dissent- ing voice, for depriving the Queen of the office of Regent, which she exercised so much to the detri- ment of the kingdom 72 . This extraordinary sentence was owing no less to the love of liberty than to zeal for religion. In the act of deprivation, religious grievances are slightly mentioned ; and the dangerous encroachments of the Queen upon the civil constitution are produced by the Lords of the Congregation, in order to prove their conduct to have been not only just but neces- sary. The introducing foreign troops into a king- dom at peace with all the world ; the seizing and fortifying towns in different parts of the country ; the promoting strangers to offices of great power and dignity; the debasing the current coin 73 ; the 72 Knox, 184. 73 The standard of money in Scotland was continually varying. In lli e ltith of James V., A. D. 1529, a pound weight of gold, when coined, produced 10X pounds of current money. But un- der the Qneen Regent's administration, A. D. 1550, a pound weight of gold, although the quantity of alloy was considerably VOL. I. S 194 THE HISTORY B. II. subverting the ancient laws; the imposing of new and burdensome taxes ; and the attempting to sub- due the kingdom, and to oppress its liberties, by open and repeated acts of violence, are enumerated at great length, and placed in the strongest light. On all these accounts, the Congregation main- tained, that the nobles, as counsellors by birthright to their monarchs, and the guardians and defenders of the constitution, had a right to interpose; and therefore, by virtue of this right, in the name of the King and Queen, and with many expressions of duty and submission towards them, they deprived the Queen Regent of her office, and ordained that, for the future, no obedience should be given to her commands 74 . Violent as this action may appear, there wanted not principles in the constitution, nor precedents in the history of Scotland,, to justify and to authorize it. Under the aristocratical form of government established among the Scots, the power of the sovereign was extremely limited. The more consi- derable nobles were themselves petty Princes, pos- sessing extensive jurisdictions, almost independent of the crown, and followed by numerous vassals, who, in every contest, espoused their chieftain's quarrel, in opposition to the King. Hence the increased, produced 144/. current money. In 1529, a pound weight of silver, when coined, produced 9/. 2s.; but in 1550, it produced 13/. current money. Ruddiniiin. Praefat. ad Anders. Diplomat. Scotia 1 , p. SO, SI ; from which it appears, that this complaint, which the malecontents often repeated, was not alto- gether destitute of foundation. 74 M. Castelnau, after condemning the dangerous counsels of the Princes of Lorrain, with regard to the affairs of Scotland, acknowledges, with his usual candour, that the Scots declared war against the Queen Regent, rather from a desire of vindi- cating their civil liberties than from any motive of religion. Mem. 446. 1559. OF SCOTLAND. 195 many instances of the impotence of regal authority, which are to be found in the Scottish history. In every age, the nobles not only claimed, but exer- cised, the right of controlling the King. Jealous of their privileges, and ever ready to take the field in defence of them, every error in administration was observed, every encroachment upon the rights of the aristocracy excited indignation, and no Prince ever ventured to transgress the boundaries which the law had prescribed to prerogative, without meeting resistance, which shook or overturned his throne. Encouraged by the spirit of the constitu- tion, and countenanced by the example of their ancestors, the Lords of the Congregation thought it incumbent on them, at this juncture, to inquire into the maladministration of the Queen Regent, and to preserve their country from being enslaved or conquered, by depriving her of the power to execute such a pernicious scheme. The act of deprivation, and a letter from the Lords of the Congregation to the Queen Regent, are still extant 75 . They discover not only that mas- culine and undaunted spirit, natural to men capable of so bold a resolution ; but are remarkable for a precision and vigour of expression, which we are surprised to meet with in an age so unpolished. The same observation may be made with respect to the other public papers of that period. The ignorance or bad taste of an age may render the compositions of authors by profession obscure, or affected, or absurd : but the language of business is nearly the same at all times ; and wherever men think clearly, and are thoroughly interested, they express them- selves with perspicuity and force. " s Knox, 184. THE HISTORY OF SCOTLAND BOOK III. 1559. The Lords of the Congregation soon found that their zeal had engaged them in an undertaking which it was beyond their utmost ability to accom- plish. The French garrison, despising their nume- rous but irregular forces, refused to surrender Leith, and to depart out of the kingdom ; nor were these sufficiently skilful in the art of war to reduce the place by force, or possessed of the artillery or magazines requisite for that purpose ; and their followers, though of undaunted courage, yet, being accustomed to decide every quarrel by a battle, were strangers to the fatigues of a long campaign, and soon became impatient of the severe and con- stant duty which a siege requires. The Queen's emissaries, who found it easy to mingle with their countrymen, were at the utmost pains to heighten their disgust, which discovered itself at first in mur- murs and complaints, but, on occasion of the want of money for paying the army, broke out into open mutiny. The most eminent leaders were hardly secure from the unbridled insolence of the soldiers; 1559. HISTORY OF SCOTLAND. 197 while some of inferior rank, interposing too rashly in order to quell them, fell victims to their rage. Discord, consternation, and perplexity reigned in the camp of the reformers. The Duke, their Gene- ral, sunk, with his usual timidity, under the terror of approaching danger, and discovered manifest symptoms of repentance for his rashness in espous- ing such a desperate cause. In this situation of their affairs, the Congregation had recourse to Elizabeth, from whose protection they could derive their only reasonable hope of success. Some of their more sagacious leaders, having foreseen that the party might probably be involved in great difficulties, had early endeavoured to secure a resource in any such exigency, by en- tering into a secret correspondence with the court of England 1 . Elizabeth, aware of the dangerous designs which the Princes of Lorrain had formed against her crown, was early sensible of how much importance it would be, not only to check the pro- gress of the French in Scotland, but to extend her own influence in that kingdom " ; and perceiving how effectually the present insurrections would contri- bute to retard or defeat the schemes formed against England, she listened with pleasure to these appli- cations of the malecontents, and gave them private assurances of powerful support to their cause. Ran- dolph 3 , an agent extremely proper for conducting any dark intrigue, was dispatched into Scotland, and residing secretly among the Lords of the Con- gregation, observed and quickened their motions. Money seemed to be the only thing they wanted at that time ; and it was owing to a seasonable remit- 1 Bom. Hist. Ref. 3. Append. 278. Keith, Append. 21. 1 See Appeud. No. 1. J Keith, Append. 2*J. s 2 198 THE HISTORY B. III. tance from England 4 , that the Scottish nobles had been enabled to take the field, and to advance towards Leith. But as Elizabeth was distrustful of the Scots, and studious to preserve appearances with France, her subsidies were bestowed at first with extreme frugality. The subsistence of an army, and the expenses of a siege, soon exhausted this penurious supply, to which the Lords of the Con- gregation could make little addition from their own funds; and the ruin and dispersion of the party must have instantly followed. In order to prevent this, Cockburn of Ormiston, was sent, with the utmost expedition, to the go- vernors of the town and castle of Berwick. As Berwick was at that time the town of greatest im- portance on the Scottish frontier, Sir Ralph Sadler and Sir James Crofts, persons of considerable figure, were employed to command there, and were en- trusted with a discretionary power of supplying the Scottish malecontents, according to the exigency of their affairs. From them Cockburn received four thousand crowns, but little to the advantage of his associates. The Earl of Both well, by the Queen's instigation, lay in wait for him on his return, dis- persed his followers, wounded him, and carried off the money. This unexpected disappointment proved fatal to the party. In mere despair, some of the more zea- lous attempted to assault Leith ; but the French beat them back with disgrace, seized their cannon, and, pursuing them to the gates of Edinburgh, were on the point of entering along with them. All the terror and confusion which the prospect of pillage or of massacre can excite in a place taken by storm, 4 Knox, 214. Keith, Append. 44. 1559. OF SCOTLAND. WO filled the city on this occasion. The inhabitants fled from the enemy by the opposite gate; the forces of the Congregation were irresolute and dismayed; and the Queen's partisans in the town openly insulted both. At last, a few of the nobles ventured to face the enemy, who, after plundering some houses in the suburbs, retired with their booty, and delivered the city from this dreadful alarm. A second skirmish, which happened a few days after, was no less unfortunate. The French sent out a detachment to intercept a convoy of provi- sions which was designed for Edinburgh. The Lords of the Congregation, having intelligence of this, marched in all haste with a considerable body of their troops, and falling upon the enemy between Restalrig and Leith, with more gallantry than good conduct, were almost surrounded by a second party of French, who advanced in order to support their own men. In this situation a retreat was the only thing which could save the Scots ; but a retreat over marshy ground, and in the face of an enemy superior in number, could not long be conducted with order. A body of the enemy hung upon their rear, horse and foot fell into the utmost confusion, and it was entirely owing to the overcaution of the French that any of the party escaped being cut in pieces. On this second blow, the hopes and spirits of the Congregation sunk altogether. They did not think themselves secure even within the walls of Kdinburgh, but instantly determined to retire to some place at a great distance from the enemy. In vain did the Prior of St. Andrew's, and a few others, oppose this cowardly and ignominious flight. This dread of the present danger prevailed over 200 THE HISTORY B. III. both the sense of honour and zeal for the cause. [Nov. G.] At midnight they set out from Edinburgh in great confusion, and marched without halting till they arrived at Stirling 5 . During this last insurrection, the great body of the Scottish nobility joined the Congregation. The Lords Seton and Borthwick were the only persons of rank who took arms for the Queen, and assisted her in defending LeithA Bothwell openly favoured her cause, but resided at his own house. The Earl of Huntly, conformable to the crafty policy which distinguished his character, amused the leaders of the Congregation, whom he had engaged to assist, with many fair promises, but never joined them with a single man 7 . The Earl of Morton, a mem- ber of the Congregation, fluctuated in a state of irresolution, and did not act heartily for the com- mon cause. Lord Erskine, governor of Edinburgh castle, though a Protestant, maintained a neutrality, which he deemed becoming the dignity of his office; and having been entrusted by parliament with the command of the principal fortress in the kingdom, he resolved that neither faction should get it into their hands. A few days before the retreat of the Congrega- tion, the Queen suffered an irreparable loss by the defection of her principal secretary, William Mait- land of Lethington. His zeal for the reformed reli- gion, together with his warm remonstrances against the violent measures which the Queen was carrying on, exposed him so much to her resentment, and to that of her French counsellors, that he, suspecting his life to be in danger, withdrew secretly from 5 Keith, Append. 21—45. 6 Ibid. Append. 31. 7 Ibid. Append. 33. Knox, 222. 1539. OF SCOTLAND. 201 Leith, and fled to the Lords of the Congregation 15 ; and they with open arms received a convert, whose abilities added both strength and reputation to their cause. Maitland had early applied to public busi- ness admirable natural talents, improved by an ac- quaintance with the liberal arts; and, at a time of life when his countrymen of the same quality were following the pleasures of the chase, or serving as adventurers in the armies of France, he was admit- ted into all the secrets of the cabinet, and put upon a level with persons of the most consummate expe- rience in the management of affairs. He possessed, in an eminent degree, that intrepid spirit which de- lights in pursuing bold designs, and was no less master of that political dexterity which is necessary for carrying them on with success. But these qua- lities were deeply tinctured with the neighbouring vices. His address sometimes degenerated into cunning; his acuteness bordered upon excess; his invention, overfertile, suggested to him, on some occasions, chimerical systems of policy, too refined for the genius of his age or country; and his enter- prising spirit engaged him in projects vast and splen- did, but beyond his utmost power to execute. All the cotemporary writers, to whatever faction they belong, mention him with an admiration which no- thing could have excited but the greatest superiority of penetration and abilities. The precipitate retreat of the Congregation in- creased to such a degree the terror and confusion which had seized the party at Edinburgh, that before the army reached Stirling it dwindled to an inconsiderable number. The spirit of Knox how- ever still remained undaunted and erect; and having 8 Knox. 192. 202 THE HISTORY B. III. mounted the pulpit, he addressed to his desponding hearers an exhortation, which wonderfully animated and revived them. The heads of this discourse are inserted in his History 9 , and afford a striking ex- ample of the boldness and freedom of reproof as- sumed by the first reformers, as well as a specimen of his own skill in choosing the topics most fitted to influence and rouse his audience. A meeting of the leaders being called, to consi- der what course they should hold, now that their own resources were all exhausted, and their destruc- tion appeared to be unavoidable without foreign aid, they turned their eyes once more to England, and resolved to implore the assistance of Elizabeth to- wards finishing an enterprise, in which they had so fatally experienced their own weakness, and the strength of their adversaries. Maitland, as the most able negotiator of the party, was employed in this embassy. In his absence, and during the inactive season of the year, it was agreed to dismiss their followers, worn out by the fatigues of a campaign which had so far exceeded the usual time of ser- vice. But, in order to preserve the counties most devoted to their interest, the Prior of St, Andrew's, with part of the leaders, retired into Fife. The Duke of Chatelherault, with the rest, fixed his residence at Hamilton. There was little need of Maitland's address or eloquence to induce Eliza- beth to take his country under her protection. She observed the prevalence of the French counsels, and the progress of their arms in Scotland, with great concern ; and as she well foresaw the dan- gerous tendency of their schemes in that kingdom, she had already come to a resolution with regard 9 Knox, 193. 1559. OF SCOTLAND. 20# to the part she herself would act, if their power there should grow still more formidable. Iu order to give the Queen and her privy coun- cil a full and distinct view of any important matter which might come before them, it seems to have been the practice of Elizabeth's ministers to pre- pare memorials, in which they clearly stated the point under deliberation, laid down the grounds of the conduct which they held to be most reasonable, and proposed a method for carrying their plan into execution. Two papers of this kind, written by Sir William Cecil with his own hand, and submit- ted by the Queen to the consideration of her privy council, still remain 10 ; they are entitled, " A short discussion of the weighty matter of Scotland," and do honour to the industry and penetration of that great minister. The motives which determined the Queen to espouse so warmly the defence of the Congregalion, are represented with perspicuity and force; and the consequences of suffering the French to establish themselves in Scotland are predicted with great accuracy and discernment. He lays it down as a principle, agreeably to the laws both of God and of nature, that every society hath a right to defend itself, not only from present dangers, but from such as may probably ensue ; to which he adds, that nature and reason teach every prince to defend himself by the same means which his adversaries employ to distress him. Upon these grounds he establishes the right of England to in- terpose in the affairs of Scotland, and to prevent the conquest of that kingdom, at which the French openly aimed. The French, he observes, are the ancient and implacable enemies of England. Hos- 10 Burn vol. iii. Append. 283. Forbes, i. 387, c. Keith, Append. 21. 204 THE HISTORY B. III. tilities had subsisted between the two nations for many centuries. No treaty of peace into which they entered had ever been cordial or sincere. No good effect was therefore to be expected from the peace lately agreed upon, which, being extorted by present necessity, would be negligently ob- served, and broken on the slightest pretences. In a very short time France would recover its former opulence; and though now drained of men and money by a tedious and unsuccessful war, it would quickly be in a condition for acting, and the rest- less and martial genius of the people render action necessary. The Princes of Lorrain, who at that time had the entire direction of French affairs, were animated with the most virulent hatred against the English nation. They openly called in. question the legitimacy of the Queen's birth, and, by ad- vancing the title and pretensions of their niece the Queen of Scotland, studied to deprive Elizabeth of her crown. With this view they had laboured to exclude the English from the treaty of Chateau en Cambresis, and endeavoured to conclude a separate peace with Spaiu. They had persuaded Henry II. to permit his daughter-in-law to assume the title and arms of Queen of England; and even since the conclusion of the peace, they had solicited at Rome, and obtained a bull, declaring Elizabeth's birth to be illegitimate. Though the wisdom and moderation of the constable Montmorency had for some time checked their career, yet these restraints being now removed by the death of Henry II. and the disgrace of his minister, the utmost excesses of violence were to be dreaded from their furious ambition, armed with sovereign power. Scotland is the quarter where they can attack England with most advantage. A war on the borders of that 1559. OF SCOTLAND. 205 country exposes France to no danger; but one un- successful action there may hazard the crown, and overturn the government of England. In political conduct, it is childish to wait till the designs of an enemy be ripe for execution. The Scottish nobles, after their utmost efforts, have been obliged to quit the field; and, far from expelling the invaders of their liberties, they behold the French power daily increasing, and must at last cease from struggling any longer in a contest so unequal. The invading of England will immediately follow the reduction of the Scottish malecontents, by the abandoning of whom to the mercy of the French, Elizabeth will open a way for her enemies into the heart of her own kingdom, and expose it to the calamities of war and the danger of conquest. Nothing there- fore remained but to meet the enemy while yet at a distance from England, and, by supporting the Congregation with a powerful army, to render Scot- land the theatre of the war, to crush the designs of the Princes of Lorrain in their infancy, and, by such an early and unexpected effort, to expel the French out of Britain, before their power had time to take root and grow up to any formidable height. But as the matter was of as much importance as any which could fall under the consideration of an English monarch, wisdom and mature counsel were necessary in the first place, and afterwards vigour and expedition in conduct; the danger was urgent, and by losing a single moment might become un- avoidable 11 . These arguments produced their full effect upon " The arguments which the Scots employed, in order to obtaiD Elizabeth's assistance, are urged with great force in a paper of Rfaitlaod'a. See Appeod. No. 11. VOL. I. T 206 THE HISTORY B. III. Elizabeth, who was jealous, in an extreme degree, of every pretender to her crown, and no less anxi- ous to preserve the tranquillity and happiness of her subjects. From these motives she had acted in granting the Congregation an early supply of money ; and from the same principles she deter- mined, in their present exigency, to afford them more effectual aid. One of Maitland's attendants was instantly dispatched into Scotland with the strongest assurances of her protection, and the Lords of the Cono-reg-ation were desired to send Commissioners into England to conclude a treaty, and to settle the operations of the campaign with the Duke of Norfolk 12 . Meanwhile the Queen Regent, from whom no motion of the Congregation could long be con- cealed, dreaded the success of this negotiation with the court of England, and foresaw how little she would be able to resist the united efforts of the two kingdoms. For this reason she determined, if pos- sible, to get the start of Elizabeth ; and by ventur- ing, notwithstanding the inclemency of the winter season, to attack the malecontents in their present dispersed and helpless situation, she hoped to put an end to the war before the arrival of their English allies. A considerable body of her French forces, who were augmented about this time by the arrival of the Count de Martigues, with a thousand veteran foot, and some cavalry, were commanded to march to Stirling. Having there crossed the Forth, they proceeded along the coast of Fife, destroying and plundering, with excessive outrage, the houses and lands of those whom they deemed their enemies. 12 Keith, 114. Rvmer, xv. p. 569. 1559. OF SCOTLAND. 207 Fife was the most populous and powerful county in the kingdom, and most devoted to the Congrega- tion, who had hitherto drawn from thence their most considerable supplies, both of men and provi- sions ; and therefore, besides punishing the disaf- fection of the inhabitants by pillaging the country, the French proposed to seize and fortify St. An- drew's, and to leave in it a garrison sufficient to bridle the mutinous spirit of the province, and to keep possession of a port situated on the main 3an 13 . But on this occasion the Prior of St. Andrew's, Lord Ruthven, Kirkaldy of Grange, and a few of the most active leaders of the Congregation, per- formed, by their bravery and good conduct, a ser- vice of the utmost importance to their party. — Having assembled six hundred horse they infested the French with continual incursions, beat up their quarters, intercepted their convoys of provisions, cut otT their straggling parties, and so harassed them with perpetual alarms that they prevented them for more than three weeks from advancing 14 . 1560.] At last the Prior, with his feeble party, was constrained to retire, and the French set out from Kirkaldy, and began to move along the coast towards St. Andrew's. [Jan. 23.] They had ad- vanced but a few miles when, from an eminence, they descried a powerful fleet steering its course up the Frith of Forth. As they knew that the Marquis D'Elbeuf was at that time preparing to sail for Scotland with a numerous army, they has- tily concluded that these ships belonged to them, and gave way to the most immoderate transports of joy on the prospect of this long expected succour. 13 Haynes, 221 , &c. u Knox, 202. '208 THE HISTORY B. III. Their great guns were already fired to welcome their friends, and to spread the tidings and terror of their arrival among their enemies, when a small boat from the opposite coast landed, and blasted their premature and shortlived triumph, by inform- ing them that it was the fleet of England which was in sight, intended for the aid of the Congregation, and was soon to be followed by a formidable land army I5 . Throughout her whole reign Elizabeth was cau- tious, but decisive ; and, by her promptitude in executing her resolutions, joined to the deliberation with which she formed them, her administration became remarkable no less for its vigour than for its wisdom. No sooner did she determine to afford her protection to the Lords of the Congregation, than they experienced the activity, as well as the extent of her power. The season of the year would not permit her land army to take the field; but lest the French should, in the mean time, receive new reinforcements, she instantly ordered a strong squa- dron to cruise in the Frith of Forth. She seems, by her instructions to Winter her Admiral, to have been desirous of preserving the appearances of friendship towards the French 1 ' 1 . But these were only appearances ; if any French fleet should at- tempt to land, he was commanded to prevent it by every act of hostility and violence. It was the sight of this squadron which occasioned at first so much joy among the French, but which soon in- spired them with such terror as saved Fife from the effects of their vengeance. Apprehensive of being cut off" from their companions on the opposite shore, they retreated towards Stirling with the ut- 15 Knox, 202. ,6 Keitb, Append. 45. Haynes, 231. 1560. OF SCOTLAND. 201) most precipitation, and in a dreadful season, and through roads almost impassable, arrived at Leith, harassed and exhausted with fatigue 17 . The English fleet cast anchor in the road of Leith, and continuing in that station till the conclu- sion of peace, both prevented the garrison of Leith from receiving succours of any kind, and consider- ably facilitated the operations of their own forces by land. Feb. 27.] Soon after the arrival of the English squadron, the Commissioners of the Congregation repaired to Berwick, and concluded with the Duke of Norfolk a treaty, the bond of that union with Elizabeth which was of so great advantage to the cause. To give a check to the dangerous and rapid progress of the French arms in Scotland was the professed design of the contracting parties. In order to this the Scots engaged never to suffer any closer union of their country with France; and to defend themselves to the uttermost against all at- tempts of conquest. Elizabeth, on her part, pro- mised to employ in Scotland a powerful army for their assistance, which the Scots undertook to join with all their forces ; no place in Scotland was to re- main in the hands of the English ; whatever should be taken from the enemy was either to be rased or kept by the Scots at their choice ; if any invasion should be made upon England, the Scots were obliged to assist Elizabeth with part of their forces ; and, to ascertain their faithful observance of the treaty, they bound themselves to deliver hostages to Elizabeth, before the march of her army into Scotland : in conclusion, the Scots made many pro- testations of obedience and loyalty towards their 17 Knox, 203. T 2 £10 THE HISTORY B. III. own Queen, in every thing not inconsistent with their religion and the liberties of their country 18 . The English army, consisting of six thousand foot and two thousand horse, under the command of Lord Gray of Wilton, entered Scotland early in the spring. The members of the Congregation as- sembled from all parts of the kingdom to meet their new allies; and having joined them, with great mul- titudes of their followers, they advanced together towards Leith [April 2.] The French were little able to keep the field against an enemy so much superior in number. A strong body of troops, des- tined for their relief, had been scattered by a vio- lent storm, and had either perished on the coast of France, or with difficulty had recovered the ports of that kingdom 19 . But they hoped to be able to defend Leith till the Princes of Lorrain should make good the magnificent promises of assistance with which they daily encouraged them ; or till scarcity of provisions should constrain the English to retire into their own country. In order to hasten this latter event, they did not neglect the usual, though barbarous precaution for distressing an in- vading enemy, by burning and laying waste all the adjacent country ~°. The zeal, however, of the na- tion frustrated their intentions : eager to contribute towards removing their oppressors, the people pro- duced their hidden stores to support their friends ; the neighbouring counties supplied every thing ne- cessary ; and, far from wanting subsistence, the English found in their camp all sorts of provisions at a cheaper rate than had for some time been known in that part of the kingdom 21 . 18 Knox, 217. Haynes, 253, &c. 19 Mem. de Castel. 450. -° Knox, 225. « Id. ibid. 1560. OF SCOTLAND. 211 On the approach of the English army the Queen Regent retired into the castle of Edinburgh. Her health was now in a declining state, and her mind broken and depressed by the misfortunes of her ad- ministration. To avoid the danger and fatigue of a siege, she committed herself to the protection of Lord Erskine. This nobleman still preserved his neutrality, and by his integrity and love of his country merited equally the esteem of both parties. He received the Queen herself with the utmost honour and respect, but took care to admit no such retinue as might endanger his command of the castle—. April 6.] A few days after they arrived in Scot- land, the English invested Leith. The garrison shut up within the town was almost half as numer- ous as the army which sat down before it, and by an obstinate defence protracted the siege to a great length. The circumstances of this siege, related by contemporary historians, men without know- ledge or experience in the art of war, are often ob- scure and imperfect, and at this distance of time are not considerable enough to be entertaining. At first the French endeavoured to keep posses- sion of the Hawk Hill, a rising ground not far dis- tant from the town, but were beat from it with great slaughter [April 15], chiefly by the furious attack of the Scottish cavalry. AVithin a few days the French had their full revenge ; having sallied out with a strong body, they entered the English trenches, broke their troops, nailed part of their cannon, and killed at least double the number they had lost in the former skirmish. Nor were the English more fortunate in an attempt which they M Forbes' Collect, vol. i. 603. Keith, 122. 212 THE HISTORY B. III. made to take the place by assault [May 7] ; they were met with equal courage, and repulsed with considerable loss. From the detail of these cir- cumstances by the writers of that age, it is easy to observe the different characters of the French and English troops. The former, trained to war dur- ing the active reigns of Francis I. and Henry II., defended themselves not only with the bravery but with the skill of veterans. The latter, who had been more accustomed to peace, still preserved the intrepid and desperate valour peculiar to the nation, but discovered few marks of military genius or of experience in the practice of war. Every misfor- tune or disappointment during the siege must be imputed to manifest errors in conduct. The success of the besieged in their sally was owing entirely to the security and negligence of the English; many of their officers were absent; their soldiers had left their stations ; and their trenches were almost with- out a guard 23 . The ladders, which had been pro- vided for the assault, wanted a great deal of the necessary length ; and the troops employed in that service were ill supported. The trenches were opened at first in an improper place ; and as it was found expedient to change the ground, both time and labour were lost. The inability of their own generals, no less than the strength of the French garrison, rendered the progress of the English won- derfully slow. The long continuance, however, of the siege, and the loss of part of their magazines by an accidental fire, reduced the French to extreme distress for want of provisions, which the prospect of relief made them bear with admirable fortitude. While the hopes and courage of the French pro- 23 Haynes, 294. 298. 305, &c. lob'O. OF SCOTLAND. 213 tracted the siege so far beyond expectation, the leaders of the Congregation were not idle. By new associations and confederacies they laboured to unite their party more perfectly. By publicly ratifying the treaty concluded at Berwick, they en- deavoured to render the alliance with England firm and indissoluble. Among the subscribers of these papers we find the Earl of Huntly, and some others, who had not hitherto concurred with the Congrega- tion in any of their measures 24 . Several of these Lords, particularly the Earl of Huntly, still ad- hered to the Popish church ; but, on this occasion, neither their religious sentiments nor their former cautious maxims were regarded ; the torrent of national resentment and indignation against the French hurried them on c5 . June 10.] The Queen Regent, the instrument rather than the cause of involving Scotland in those calamities under which it groaned at that time, died during the heat of the siege. No Princess ever possessed qualities more capable of rendering her administration illustrious, or the kingdom happy. Of much discernment and no less address ; of great intrepidity and equal prudence; gentle and humane, 21 Burn. vol. iii. 287. Knox, 221. Haynes, 2G1. 263. M The dread of the French power did on many occasions sur- mount the zeal which the Catholic nobles had for their religion. Besides the presumptive evidence for this, arising from the me- morial mentioned bv Burnet, Hist, cf the Reformation, vol. iii. 281, and published by him, Append, p. 278, the instructions of Elizabeth to Randolph her agent put it beyond all doubt that many zealous Papists thought the alliance with England to be necessary for preserving the liberty and independence of the kingdom. Keith, 158. Huntly himself began a correspondence with Elizabeth's ministers, before the march of the English army into Scotland. Haynes \s State Papers, 261. 263. See Append. Mo. III. 214 THE HISTORY B. III. without weakness ; zealous for her religion, without bigotry; a lover of justice, without rigour. One circumstance, however, and that too the excess of a virtue rather than any vice, poisoned all these great qualities, and rendered her government un- fortunate and her name odious. Devoted to the in- terest of France, her native country, and attached to the Princes of Lorrain, her brothers, with most passionate fondness, she departed, in order to gra- tify them, from every maxim which her own wisdom or humanity would have approved. She outlived, in a great measure, that reputation and popularity which had smoothed her way to the highest station in the kingdom ; and many examples of falsehood, and some of severity, in the latter part of her admi- nistration, alienated from her the affections of a people who had once placed in her an unbounded confidence. But, even by her enemies, these un- justifiable actions were imputed to the facility, not to the malignity of her nature; and while they taxed her brothers and French counsellors with rashness and cruelty, they still allowed her the praise of prudence and of lenity 26 . A few days before her death she desired an interview with the Prior of St. Andrew's, the Earl of Argyll, and other chiefs of the Congregation. To them she lamented the fatal issue of those violent counsels which she had been obliged to follow; and, with the candour natural to a generous mind, confessed the errors of her own administration, and begged forgiveness of those to whom they had been hurt- ful ; but at the same time she warned them, amidst their struggles for liberty and the shock of arms, not to lose sight of the loyalty and subjection which 26 Buchanan, 324. 1560. OF SCOTLAND. 215 were due to their sovereign 07 . The remainder of her time she employed in religious meditations and ex- ercises. She even invited the attendance of Wil- lox, one of the most eminent among the reformed preachers, listened to his instructions with reve- rence and attention C8 , and prepared for the ap- proach of death with a decent fortitude. Nothing could now save the French troops shut up in Leith but the immediate conclusion of a peace, or the arrival of a powerful army from the continent. The Princes of Lorrain amused their party in Scotland with continual expectations of the latter, and had thereby kept alive their hopes and their courage ; but, at last, the situation of France, rather than the terror of the English arms, or the remonstrances of the Scottish malecontents, constrained them, though with reluctance, to turn their thoughts towards pacific counsels. The Pro- testants in France were at that time a party for- midable by their number, and more by the valour and enterprising genius of their leaders. FVancis II. had treated them with extreme rigour, and disco- vered, by every step he took, a settled resolution to extirpate their religion, and to ruin those who professed it. At the prospect of this danger to themselves and to their cause, the Protestants were alarmed, but not terrified. Animated with zeal, and inflamed with resentment, they not only prepared for their own defence, but resolved, by some bold action, to anticipate the schemes of their enemies; and as the Princes of Lorrain were deem- ed the authors of all the King's violent measures, they marked them out to be the first victims of their indignation. [March 15.] Hence, and not from 27 Lesley, de Rebus Gest. Scot. 222. 28 Knox, 228. 21G THE HISTORY B. III. disloyalty to the King, proceeded the famous con- spiracy of Amboise ; and though the vigilance and good fortune of the 1 Princes of Lorrain discovered and disappointed that design, it was easy to ob- serve new storms gathering in every province of the kingdom, and ready to burst out with all the fury and outrage of civil war. In this situation the am- bition of the house of Lorrain was called off from the thoughts of foreign conquests, to defend the honour and dignity of the French crown ; and, in- stead of sending new reinforcements into Scotland, it became necessary to withdraw the veteran troops already employed in that kingdom- 9 . In order to conduct an affair of so much import- ance and delicacy, the Princes of Lorrain made choice of Monluc, Bishop of Valence, and of the Sieur de Randan. As both these, especially the former, were reckoned inferior to no persons of that age in address and political refinement, Elizabeth opposed to them ambassadors of equal abilities ; Cecil, her prime minister, a man perhaps of the greatest capacity who had ever held that office; and Wotton, Dean of Canterbury, grown old in the art of negotiating under three successive monarchs. The interests of the French and English courts were soon adjusted by men of so great dexterity in business ; and as France easily consented to with- draw those forces which had been the chief occa- sion of the war, the other points in dispute between that kingdom and England were not matters of tedi- ous or of difficult discussion. The grievances of the Congregation, and their demands upon their own sovereigns for redress, employed longer time, and required to be treated - 9 Lesley, 224. 1560. OF SCOTLAND. '217 with a more delicate hand. After so many open attempts, carried on by command of the King and Queen, in order to overturn the ancient constitu- tion, and to suppress the religion which they had embraced, the Scottish nobles could not think themselves secure without fixing some new barrier against the future encroachments of regal power. But the legal steps towards accomplishing this were not so obvious. The French ambassadors consi- dered the entering - into any treaty with subjects, and with rebels, as a condescension unsuitable to the dignity of a sovereign ; and their scruples on this head might have put an end to the treaty, if the impatience of both parties for peace had not suggested an expedient, which seemed to provide for the security of the subject, without derogating from the honour of the Prince. The Scottish no- bles agreed, on this occasion, to pass from the point of right and privilege, and to accept the redress of their grievances as a matter of favour. Whatever additional security their anxiety for personal safety or their zeal for public liberty prompted them to demand was granted in the name of Francis and Mary, as acts of their royal favour and indulgence. And, lest concessions of this kind should seem precarious, and liable to be retracted by the same power which had made them, the French ambassa- dor agreed to insert them in the treaty with Eliza- beth, and thereby to bind the King and Queen in- violably to observe them 30 . In relating this transaction, contemporary histo- rians have confounded the concessions of Francis and Mary to their Scottish subjects, with the treaty between France and England; the latter, besides "■" Keith, 134, &c. VOL. I. V 21tf THE HISTORY B. III. the ratification of former treaties between the two kingdoms, and stipulations with regard to the time and manner of removing both armies out of Scot- land, contained an article to which, as the source of many important events, we shall often have occa- sion to refer. The right of Elizabeth to her crown is thereby acknowledged in the strongest terms ; and Francis and Mary solemnly engaged neither to assume the title nor to bear the arms of King and Queen of England in any time to come 31 . July 6.] Honourable as this article was for Eli- zabeth herself, the conditions she obtained for her allies the Scots were no less advantageous to them. Monluc and Randan consented, in the name of Francis and Mary, that the French forces in Scot- land should instantly be sent back into their own country, and no foreign troops be hereafter intro- duced into the kingdom without the knowledge and consent of Parliament ; that the fortifications of Leith and Dunbar should immediately be rased, and no new fort be erected without the permission of Parliament ; that a Parliament should be held on the first day of August, and that assembly be deemed as valid in all respects as if it had been called by the express commandment of the King and Queen ; that, conformable to the ancient laws and customs of the country, the King and Queen should not declare war or conclude peace without the concurrence of Parliament ; that, during the Queen's absence, the administration of government should be vested in a council of twelve persons, to be chosen out of twenty-four named by Parliament, seven of which council to be elected by the Queen, 31 Keith, 131. Rymer, w. p. 581. 591, &c. Havnes, 32r> —364. K>(JO. OF SCOTLAND. 21!) and five by the Parliament ; that hereafter the King and Queen should not advance foreigners to places of trust or dignity in the kingdom, nor con- fer the offices of treasurer or comptroller of the re- venues upon any ecclesiastics ; that an act of ob- livion, abolishing the guilt and memory of all offences committed since the sixth of March, one thousand rive hundred and fifty-eight, should be passed in the ensuing Parliament, and be ratified by the King and Queen ; that the King and Queen should not, under the colour of punishing any vio- lation of their authority during that period, seek to deprive any of their subjects of the offices, bene- fices, or estates which they now hold ; that the re- dress due to churchmen, for the injuries which they had sustained during the late insurrections, should be left entirely to the cognizance of Parliament. With regard to religious controversies, the ambas- sadors declared that they would not presume to decide, but permitted the Parliament, at their first meeting, to examine the points in difference, and to represent their sense of them to the King and Queen 32 . To such a memorable period did the Lords of the Congregation, by their courage and perseverance, conduct an enterprise which at first promised a very different issue. From beginnings extremely feeble, and even contemptible, the party grew by degrees to great power ; and, being favoured by many for- tunate incidents, baffled all the efforts of their own Queen, aided by the forces of a more considerable kingdom. The sovereign authority was by this treaty transferred wholly into the hands of the Con- gregation ; that limited prerogative which the crown - Keith, 137, \c. •221) THE HISTORY B. 111. had hitherto possessed, was almost entirely annihi- lated ; and the aristocratical power, which always predominated in the Scottish government, became supreme and incontrolabie. By this treaty, too, the influence of France, which had long been of much weight in the affairs of Scotland, was greatly diminished ; and not only were the present en- croachments of that ambitious ally restrained, but, by confederating with England, protection was provided against any future attempt from the same quarter. At the same time, the controversies in religion being left to the consideration of Parlia- ment, the Protestants might reckon upon obtaining whatever decision was most favourable to the opi- nions which they professed. A few days after the conclusion of the treaty, both the French and English armies quitted Scot- land. The eyes of every man in that kingdom were turned towards the approaching Parliament. A meeting, summoned in a manner so extraordinary, at such a critical juncture, and to deliberate upon matters of so much consequence, was expected with the utmost anxiety. A Scottish Parliament suitable to the aristocra- tical genius of the government, was properly an as- sembly of the nobles. It was composed of bishops, abbots, barons, and a few commissioners of bo- roughs, who met all together in one house. The lesser barons, though possessed of a right to be present, either in person or by their representatives, seldom exercised it. The expense of attending, according to the fashion of the times, with a nu- merous train of vassals and dependants ; the inat- tention of a martial age to the forms and detail of 1560. OF SCOTLAND. 221 civil government; but, above all, the exorbitant authority of the greater nobles, who had drawn the whole power into their own hands, made this pri- vilege of so little value as to be almost neglected. It appears from the ancient rolls that, during times of tranquillity, few commissioners of boroughs, and almost none of the lesser barons, appeared in Par- liament. The ordinary administration of govern- ment was abandoned, without scruple or jealousy, to the King and to the greater barons. But in extraordinary conjunctures, when the struggle for liberty was violent, and the spirit of opposition to the crown rose to a height, the burgesses and lesser barons were roused from their inactivity, and stood forth to vindicate the rights of their country. The turbulent reign of James III. affords examples in proof of this observation ' 5 . The public indigna- tion, against the rash designs of that weak and ill- advised Prince, brought into Parliament, besides the greater nobles and prelates, a considerable num- ber of the lesser barons. The same causes occasioned the unusual conflu- ence of all orders of men to the Parliament, which met on the first of August. The universal passion for liberty, civil and religious, which had seized the nation, suffered few persons to remain unconcerned spectators of an assembly, whose acts were likely to prove decisive with respect to both. From all corners of the kingdom men flocked in, eager and determined to aid, with their voices in the senate, the same cause which they had defended with their swords in the field. Besides a full convention of peers, temporal and spiritual, there appeared the representatives of almost all the boroughs, and ' : Keith, 147. u 2 % 2'2'2 THE HISTORY B. 111. above a hundred barons, who, though of the lesser order, were gentlemen of the first rank and fortune in the nation 34 . The Parliament was ready to enter on business with the utmost zeal, when a difficulty was started concerning' the lawfulness of the meeting. No commissioner appeared in the name of the King and Queen, and no signification of their consent and approbation was yet received. These were deemed by many essential to the very being of a Parliament. But in opposition to this sentiment, the express words of the treaty of Edinburgh were urged, by which this assembly was declared to be as valid, in all respects, as if it had been called and appointed by the express command of the King and Queen. As the adherents of the Congregation greatly outnumbered their adversaries, the latter opinion prevailed. Their boldest leaders, and those of most approved zeal, were chosen to be lords of the articles, who formed a committee of ancient use and of great importance in the Scottish Parliament 35 . The deliberations of the lords of the articles were carried on with the most unanimous and active zeal. The act of oblivion, the nomination of twenty-four persons, out of whom the council, in- trusted with supreme authority, was to be elected ; and every other thing prescribed by the late treaty, or which seemed necessary to render it effectual, passed without dispute or delay. The article of religion employed longer time, and was attended 34 Keith, 1 i(i. 35 From an original letter of Hamilton, Archbishop of St. An- drew's, it appears that the lords of articles were chosen in the manner afterwards appointed bv an act of parliament, 1033. — Keith, p. 487. Spottiswood seems to consider this to have been the common practice. Hist. 1 »!). 1500. OF SCOTLAND. 223 with greater difficulty. It was brought into Parlia- ment by a petition from those who adopted the principles of the Reformation. Many doctrines of the Popish church were a contradiction to reason, and a disgrace to religion ; its discipline had be- come corrupt and oppressive ; and its revenues were both exorbitant and ill applied. Against all these the Protestants remonstrated with the utmost asperity of style, which indignation at their absur- dity, or experience of their pernicious tendency could inspire ; and, encouraged by the number as well as zeal of their friends, to improve such a favourable juncture, they aimed the blow at the whole fabric of popery, and besought the Parlia- ment to interpose its authority for rectifying these multiplied abuses iC . Several prelates, zealously attached to the ancient superstition, were present in this Parliament. But, during these vigorous proceedings of the Protes- tants, they stood confounded and at gaze ; arid per- severed in a silence which was fatal to their cause. They deemed it impossible to resist or divert that torrent of religious zeal, which was still in its full strength ; they dreaded that their opposition would irritate their adversaries and excite them to new acts of violence ; they hoped that the King and Queen would soon be at leisure to put a stop to the career of their insolent subjects, and that, after the rage and havoc of the present storm, the former tranquillity and order would be restored to the church and kingdom. They were willing, per- haps, to sacrifice the doctrine, and even the power pf the church, in order to ensure the safety of their 30 Knox, 237. 224 THE HISTORY B. III. own persons, and to preserve the possession of those revenues which were still in their hands. — From whatever motives they acted, their silence, which was imputed to the consciousness of a bad cause, afforded matter of great triumph to the Pro- testants, and encouraged them to proceed with more boldness and alacrity 37 . The Parliament did not think it enough to con- demn those doctrines mentioned in the petition of the Protestants ; they moreover gave the sanction of their approbation to a Confession of Faith pre- sented to them by the reformed teachers 38 ; and composed, as might be expected from such a per- formance at that juncture, on purpose to expose the absurd tenets and practices of the Romish church. By another act the jurisdiction of the ecclesiastical courts was abolished, and the causes which for- merly came under their cognizance were transferred to the decision of civil judges 39 . By a third sta- tute, the exercise of religious worship, according to the rites of the Romish church, was prohibited. The manner in which the Parliament enforced the observation of this law discovers the zeal of that assembly ; the first transgression subjected the offender to the forfeiture of his goods, and to a cor- poral punishment at the discretion of the judge ; banishment was the penalty of the second violation of the law ; and a third act of disobedience was declared to be capital' 10 . Such strangers were men at that time to the spirit of toleration, and to the laws of humanity ; and with such indecent haste did the very persons who had just escaped the » Knox, 253. 38 Id. ibid. 39 Keith, 152. I0 Knox, 254. LoiiO. OF SCOTLAND. '22-3 rigour of ecclesiastical tyranny, proceed to imitate those examples of severity of which they them- selves had so justly complained. The vigorous zeal of the Parliament overturned in a few days the ancient system of religion, which had been established so many ages. In reforming the doctrine and discipline of the church the nobles kept pace with the ardour and expectations even of Knox himself. But their proceedings with respect to these were not more rapid and impetuous than they were slow and dilatory when they entered on the consideration of ecclesiastical revenues. — Among the lay members, some were already en- riched with the spoils of the church, and others devoured in expectation the wealthy benefices which still remained untouched. The alteration in religion had afforded many of the dignified eccle- siastics themselves an opportunity of gratifying their avarice or ambition. The demolition of the monas- teries having set the monks at liberty from their confinement, they instantly dispersed all over the kingdom, and commonly betook themselves to some secular employment. The abbot, if he had been so fortunate as to embrace the principles of the Re- formation from conviction, or so cunning as to espouse them out of policy, seized the whole reve- nues of the fraternity ; and, except what he allowed for the subsistence of a few superannuated monks 41 , applied them entirely to his own use. The propo- sal made by the reformed teachers, for applying these revenues towards the maintenance of minis- ters, the education of youth, and the support of the poor, was erpially dreaded by all these orders of " Keith, 106. Append. 190, 191. '2'2G THE HISTORY B. III. men. They opposed it with the utmost warmth, and by their numbers and authority easily pre- vailed on the Parliament to give no ear to such a disagreeable demand 42 . Zealous as the first re- formers were, and animated with a spirit superior to the low considerations of interest, they beheld these early symptoms of selfishness and avarice among their adherents with amazement and sorrow ; and we find Knox expressing the utmost sensibility of that contempt with which they were treated by many from whom he expected a more generous concern for the success of religion and the honour of its ministers 43 . A difficulty hath been started with regard to the acts of this parliament concerning religion. This difficulty, which at such a distance of time is of no importance, was founded on the words of the treaty of Edinburgh. By that the parliament were per- mitted to take into consideration the state of reli- gion, and to signify their sentiments of it to the King and Queen. But, instead of presenting their desires to their sovereigns in the humble form of a supplication or address, the Parliament converted them into so many acts ; which, although they never received the royal assent, obtained all over the kingdom the weight and authoritv of laws. Tn compliance with their injunctions the established system of religion was every where overthrown, and that recommended by the reformers introduced in its place. The partiality and zeal of the people overlooked or supplied any defect in the form of these acts of parliament, and rendered the obser- vance of them more universal than ever had been 42 See Append. No. IV. 4i Knox, 2Z9. 256. li'AiO. OF SCOTLAND. '1'1~ yielded to the statutes of the most regular or con- stitutional assembly. By those proceedings it must, however, be confessed that the parliament, or rather the nation, violated the last article in tiie treaty of Edinburgh, and even exceeded the powers which belong to subjects. But when once men have been accustomed to break through the com- mon boundaries of subjection, and their minds are inflamed with the passions which civil war inspires, it is mere pedantry or ignorance to measure their conduct by those rules which can be applied only where government is in a state of order and tran- quillity. A nation, when obliged to employ such extraordinary efforts in defence of its liberties, avails itself of every thing which can promote this great end ; and the necessity of the case, as well as the importance of the object, justify any departure from the common and established rules of the con- stitution. In consequence of the treaty of Edinburgh, as well as by the ordinary forms of business, it became necessary to lay the proceedings of parliament be- fore the King and Queen. For this purpose Sir James Sandilands of Calder, Lord St. John, was appointed to repair to the court of France. After holding a course so irregular, the leaders of the Congregation had no reason to flatter themselves that Francis and Mary would ever approve their conduct, or confirm it by their royal assent. The ' reception of their ambassador was no other than they might have expected. He was treated by the King and Queen with the utmost coldness, and dismissed without obtaining the ratification of the Parliament's proceedings. From the Princes of Lorrain, and their partisans, he endured all tho 228 THE HISTORY B. Ill, scorn and insult which it was natural for them to pour upon the party he represented 4i . Though the Earls of Morton, Glencairn, and Maitland of Lethington, the ambassadors of the Parliament to Elizabeth their protectress, met with a very different reception, they were not more suc- cessful in one part of the negotiation entrusted to their care. The Scots, sensible of the security which they derived from their union with England, were desirous of rendering it indissoluble. With this view they empowered these eminent leaders of their party to testify to Elizabeth their gratitude for that seasonable and effectual aid which she had afforded them ; and at the same time to beseech her to render the friendship between the nations perpe- tual, by condescending to marry the Earl of Arran, who, though a subject, was nearl} 7 allied to the royal family of Scotland, and, after Mary, the un- doubted heir to the crown. To the former part of this commission Elizabeth listened with the utmost satisfaction, and encou- raged the Scots, in any future exigency, to hope for the continuance of her good offices; with regard to the latter, she discovered those sentiments to which she adhered throughout her whole reign. Averse from marriage, as some maintain, through choice, but more probably out of policy, that ambitious Princess would never admit any partner to the throne ; but, delighted with the entire and uncon- trolled exercise of power, she sacrificed to the en- joyment of that the hopes of transmitting her crown to her own posterity. The marriage with the Earl of Arran could not be attended with any such ex- 44 Knox, 255. Bticli. 327. State Papers published bv Lord Hardwicke, vol.i. p. 125, &c. L660. OF SCOTLAND. 22.9 traordinary advantage as to shake this resolution ; she declined it therefore, but with many expressions of good will towards the Scottish nation, and of respect for Arran himself 40 . Towards the conclusion of this year, distinguished by so many remarkable events, there happened one of great importance. On the fourth of December died Francis II. a Prince of a feeble constitution, and of a mean understanding. As he did not leave any issue by the Queen, no incident could have been more fortunate to those who, during the late com- motions in Scotland, had taken part with the Con- gregation. Mary, by the charms of her beauty, had acquired an entire ascendant over her hus- band ; and as she transferred all her influence to her uncles the Princes of Lorrain, Francis followed them implicitly in whatever track they were pleased to lead him. The power of France, under such direction, alarmed the Scottish malecontents with apprehensions of danger no less formidable than well founded. The intestine disorders which raged in France, and the seasonable interposition of Eng- land in behalf of the Congregation, had hitherto prevented the Princes of Lorrain from carrying their designs upon Scotland into execution. But, under their vigorous and decisive administrations, it was impossible that the commotions in France could be of long continuance, and many things might fall in to divert Elizabeth's attention, for the future, from the affairs of Scotland. In either of these events, the Scots would stand exposed to all the venge- ance which the resentment of the French court could inflict. The blow, however long suspended, was unavoidable, and must fall at last with redou- '• Hum. :i. Append. 308. Keith, 154, &c. vol. I. \ 230 THE HTSTORY B. III. bled weight. From this prospect and expectation of danger, the Scots were delivered by the death of Francis; the ancient confederacy of the two kingdoms had already been broken, and by this event the chief bond of union which remained was dissolved. Catherine of Medicis, who, during the minority of Charles IX. her second son, engrossed the entire direction of the French councils, was far from any thoughts of vindicating the Scottish Queen's authority. Catherine and Mary had been rivals in power during the reign of Francis II. and had contended for the government of that weak and unexperienced Prince; but as the charms of the wife easily triumphed over the authority of the mother, Catherine could never forgive such a dis- appointment in her favourite passion, and beheld now, with secret pleasure, the difficult and perplex- ing scene on which her daughter-in-law was about to enter. Mary, overwhelmed with all the sorrow which so sad a reverse of fortune could occasion ; slighted by the Queen-mother 46 ; and forsaken by the tribe of courtiers, who appear only in the sun- shine of prosperity, retired to Rheims, and there in solitude indulged her grief, or hid her indignation. Even the Princes of Lorrain were obliged to con- tract their views; to turn them from foreign to domestic objects ; and, instead of forming vast pro- jects with regard to Britain, they found it necessary to think of acquiring and establishing an interest with the new administration. It is impossible to describe the emotions of joy which, on all these accounts, the death of the French Monarch excited among the Scots. They regarded it as the onlv event whch could give firmness and 16 Henault, 340, Castelti. LS4. loGO. OF SCOTLAND. 231 stability to that system of religion and government which was now introduced ; and it is no wonder contemporary historians should ascribe it to the immediate care of Providence, which, by unforeseen expedients, can secure the peace and happiness of kingdoms, in those situations where human prudence and invention would utterly despair 47 . About this time the Protestant church of Scotland began to assume a regular form. Its principles had obtained the sanction of public authority, and some fixed external policy became necessary for the go- vernment and preservation of the infant society. The model introduced by the reformers differed extremely from that which had been long established. The motives which induced them to depart so far from the ancient system deserve to be explained. The licentious lives of the clergy, as has been already observed, seem to have been among the first things that excited any suspicion concerning the truth of the doctrines which they taught, and roused that spirit of inquiry which proved fatal to the popish system. As this disgust at the vices of ecclesiastics was soon transferred to their persons, and shifting from them, by no violent transition, settled at last upon the offices which they enjoyed; the effects of the Reformation would naturally have extended not only to the doctrine, but to the form of government in the popish church ; and the same spirit which abolished the former would have over- turned the latter. But in the arrangements which took place in the different kingdoms and states of Europe, in consequence of the Reformation, we may observe something similar to what happened upon the first establishment of Christianity in the Roman *» Knox,*.'*. 232 THE HISTORY B. III. empire. In both periods, the form of ecclesiastical policy was modelled, in some measure, upon that of the civil government. \\ hen the Christian church was patronised and established by the state, the jurisdiction of the various orders of the ecclesias- tics, distinguished by the names of Patriarchs, Archbishops, and Bishops, was made to corres- pond with the various divisions of the empire : and the ecclesiastic of chief eminence in each of these possessed authority, more or less extensive, in pro- portion to that of the civil magistrate who presided over the same district. When the Reformation took place, the episcopal form of government, with its various ranks and degrees of subordination, appear- ing to be most consistent with the genius of mo- narchy, it was continued, with a few limitations, in several provinces of Germany, in England, and in the northern kingdoms. But in Switzerland and some parts of the Low Countries, where the popu- lar form of government allowed more full scope to the innovating genius of the Reformation, all pre- eminence of order in the church was destroyed, and an equality established more suitable to the spirit of republican policy. As the model of episcopal government was copied from that of the Christian church as established in the Roman empire, the si- tuation of the primitive church, prior to its establish- ment by civil authority, seems to have suggested the idea, and furnished the model of the latter system, which has since been denominated Presbyterian. The first Christians, oppressed by continual perse- cutions, and obliged to hold their religious assem- blies by stealth and in corners, were contented with a form of government extremely simple. The influ- ence of religion concurred with the sense of danger, loo'O. OF SCOTLAND. 233 in extinguishing among them the spirit of ambition, and in preserving a parity of rank, the effect of their sufferings, and the cause of many of their virtues. Calvin, whose decisions were received among many Protestants of that age with incredible submission, was the patron and restorer of this scheme of ec- clesiastical policy. The church of Geneva, formed under his eye and by his direction, was deemed the most perfect model of this government; and Knox, who, during his residence in that city, had studied and admired it, warmly recommended it to the imi- tation of his countrymen. Among the Scottish nobility, some hated the per- sons, and others coveted the wealth of the dignified clergy. By abolishing that order of men, the former iudulged their resentment, and the latter hoped to gratify their avarice. The people, inflamed with the most violent aversion to popery, and approving of every scheme that departed farthest from the prac- tice of the Romish church, were delighted with a system so admirably suited to their predominant passion : while the friends of civil liberty beheld with pleasure the Protestant clergy pulling down with their own hands that fabric of ecclesiastical power which their predecessors had reared with so much art and industry; and flattered themselves that, by lending their aid to strip churchmen of their dignity and wealth, they might entirely deliver the nation from their exorbitant and oppressive jurisdic- tion. The new mode of government easily made its way among men thus prepared, by their various interests and passions, for its reception. Hut, on the first introduction of his system, Knox did not deem it expedient to depart altogether from x '2 1>34 THE HISTORY B. III. the ancient form 48 . Instead of bishops, he proposed to establish ten or twelve superintendents in diffe- rent parts of the kingdom. These, as the name implies, were empowered to inspect the life and doctrine of the other clergy. They presided in the inferior judicatories of the church, and performed several other parts of the episcopal function. Their jurisdiction, however, extended to sacred things only ; they claimed no seat in parliament, and pre- tended no right to the dignity or revenues of the former bishops. The number of inferior clergy, to whom the care of parochial duty could be committed, was still ex- tremely small ; they had embraced the principles of the Reformation at different times, and from various motives; during the public commotions, they were scattered, merely by chance, over the different pro- vinces of the kingdom, and in a few places only were formed into regular classes or societies. [Dec. 20]. The first general assembly of the church, which was held this year, bears all the marks of an infant and unformed society. The members were but few in number, and of no considerable rank; no uniform or consistent rule seems to have been observed in electing them. From a great part of the kingdom no representatives appeared. In the name of some entire counties, but one person was present; while, in other places, a single town or church sent seve- ral members. A convention so feeble and irregular could not possess extensive authority; and. con- scious of their own weakness, the members put an end to their debates, without venturing upon any decision of much importance 4 -'. 1561.] In order to give greater strength and con- « 8 Spotswood, 158. i0 kcitli, l'JS. 1561- of scon- and. '!:)> sistence to the Presbyterian plan, Knox, with the assistance of his brethren, composed the first book of discipline, which contains the model or platform of the intended policy 50 . [Jan. 15.] They presented it to a convention of estates, which was held in the beginning of this year. "Whatever regulations were proposed, with regard to ecclesiastical discipline and jurisdiction, would have easily obtained the sanc- tion of that assembly ; but a design to recover the patrimony of the church, which is there insinuated, met with a very different reception. In vain did the clergy display the advantages which would accrue to the public by a proper ap- plication of ecclesiastical revenues. In vain did they propose, by an impartial distribution of this fund, to promote true religion, to encourage learn- ing, and to support the poor. In vain did they even intermingle threatenings of the divine displeasure against the unjust detainers of what was appropri- ated to a sacred use. The nobles held fast the prey which they had seized; and, bestowing upon the proposal the name of a devout imagination, they affected to consider it as a project altogether vision- ary, and treated it with the utmost scorn 51 . This convention appointed the Prior of St. An- drew's to repair to the Queen, and to invite her to return into her native country, and to assume the reins of government, which had been too long com- mitted to other hands. Though some of her subjects dreaded her return, and others foresaw dangerous consequences with which it might be attended 5 -, the bulk of them desired it with so much ardour that the invitation was given with the greatest ap- pearance of unanimity. But the zeal of the Roman " Spots. 152. "*' Knox,25G. -' See Append. No. V. 23G THE HISTORY B. III. Catholics got the start of the Prior in paying court to Mary; and Lesly, afterwards Bishop of Ross, who was commissioned by them, arrived before him at the place of her residence 53 . Lesly endeavoured to infuse into the Queen's mind suspicions of her Protestant subjects, and to persuade her to throw herself entirely into the arms of those who adhered to her own religion. For this purpose he insisted that she should land at Aberdeen ; and, as the Pro- testant doctrines had made no considerable progress in that part of the kingdom, he gave her assurance of being joined in a few days by twenty thousand men ; and flattered her that, with such an army, en- couraged by her presence and authority, she might easily overturn the reformed church, before it was firmly settled on its foundations. But, at this juncture, the Princes of Lorrain were not disposed to listen to this extravagant and dan- gerous proposal. Intent on defending themselves against Catherine of Medicis, whose insidious po- licy was employed in undermining their exorbitant powers, they had no leisure to attend to the affairs of Scotland, and wished their niece to take posses- sion of her kingdom with as little disturbance as possible. The French officers too, who had served in Scotland, dissuaded Mary from ail violent mea- sures; and, by representing the power and number of the Protestants to be irresistible, determined her to court them by every art; and rather to employ the leading men of that party as ministers than to provoke them, by a fruitless opposition, to become her enemies 54 . Hence proceeded the confidence and affection with which the Prior of St. Andrew's was received by the Queen. His representation of 03 Leslj, 2-27. 31 Mclv. 61. 1561. OF SCOTLAND. 237 the state of the kingdom gained great credit; and Lesly beheld with regret the new channel in which court favour was likely to run. Another convention of estates was held in May. The arrival of an ambassador from France seems to have been the occasion of this meeting. He was instructed to solicit the Scots to renew their ancient alliance with France, to break their new confede- racy with England, and to restore the popish eccle- siastics to the possession of their revenues and the exercise of their functions. It is no easy matter to form any conjecture concerning the intentions of the French court in making these extraordinary and iil timed propositions. They were rejected with that scorn which might well have been expected from the temper of the nation 55 . In this convention, the Protestant clergy did not obtain a more favourable audience than formerly, and their prospect of recovering the patrimony of the church still remained as distant and uncertain as ever. But with regard to another point, they found the zeal of the nobles in no degree abated. The book of discipline seemed to require that the monuments of popery, which still remained in the kingdom, should be demolished 56 ; and, though neither the same pretence of policy, nor the same ungovernable rage of the people, remained to jus- tify or excuse this barbarous havoc, the convention, considering every religious fabric as a relic of ido- latry, passed sentence upon them by an act in form ; and persons the most remarkable for the activity of their zeal were appointed to put it in execution. -Abbeys, cathedrals, churches, libraries, records, '•'' Knox, 269, 273. 56 Spotswood, 153. '238 THE HISTORY B. III. and even the sepulchres of the dead, perished in one common ruin. The storm of popular insurrection, though impetuous and irresistible, had extended only to a few counties, and soon spent its rage; but now a deliberate and universal rapine completed the de- vastation of every thing venerable and magnificent which had escaped its violence 57 . In the mean time Mary was in no haste to return into Scotland. Accustomed to the elegance, splen- dour, and gaiety of a polite court, she still fondly lingered in France, the scene of all these enjoyments, and contemplated with horror the barbarism of her own country, and the turbulence of her subjects, which presented her with a very different face of things. The impatience, however, of her people, the persuasions of her uncles, but, above all, the studied and mortifying neglect with which she was treated bv the Queen-mother, forced her to think of beginning this disagreeable voyage 58 . But while she was preparing for it, there were sown between her and Elizabeth the seeds of that personal jealousy and discord which imbittered the life and shortened the days of the Scottish Queen. The ratification of the late treaty of Edinburgh was the immediate occasion of this fatal animosity; the true cause of it lay much deeper. Almost every article in that treaty had been executed by both parties with a scrupulous exactness. The fortifi- cations of Leith were demolished, and the armies of Trance and England withdrawn within the appointed time. The grievances of the Scottish malecontents were redressed, and they had obtained whatever they could demand for their future security. With 57 Spotswood, 174. 58 Brantome, Jebb, vol. ii. 482. 1181. OF SCOTLAND. 239 regard to all these, Mary could have little reason to decline, or Elizabeth to urge, the ratification of the treaty. The sixth article remained the only source of contest and difficulty. No minister ever entered more deeply into the schemes of his sovereign, or pursued them with more dexterity and success, than Cecil. In the conduct of the negotiation at Edinburgh, the sound understanding of this able politician had proved greatly an overmatch for Monluc's refinements in intrigue, and had artfully induced the French ambassadors, not only to ac- knowledge that the crowns of England and Ireland did of right belong to Elizabeth alone, but also to promise, that in all times to come Mary should abstain from usino- the title or bearing; the arms of those kingdoms. The ratification of this article would have been of the most fatal consequence to Mary. The crown of England was an object worthy of her ambition. Her pretensions to it gave her great dignity and importance in the eyes of all Europe. By many, her title was esteemed preferable to that of Eliza- beth. Among the English themselves, the Roman Catholics, who formed at that time a numerous and active party, openly espoused this opinion ; and even the Protestants, who supported Elizabeth's throne, could not deny the Queen of Scots to be her immediate heir. A proper opportunity to avail herself of all these advantages could not, in the course of things, be far distant, and many incidents might fall in, to bring this opportunity nearer than was expected. In these circumstances, Mary, bj ratifying the article in dispute, would have lost the rank she had hitherto held among neighbouring 240 THE HISTORY B. III. princes ; the zeal of her adherents must have gra- dually cooled ; and she might have renounced from that moment, all hopes of ever wearing the English crown 59 . None of these beneficial consequences escaped the penetrating eye of Elizabeth, who, for this rea- son, had recourse to every thing by which she could hope either to sooth or frighten the Scottish Queen into a compliance with her demands ; and if that Princess had been so unadvised as to ratify the rash concessions of her ambassadors, Elizabeth, by that deed, would have acquired an advantage which, under her management, must have turned to great account. By such a renunciation, the ques- tion with regard to the right of succession would have been left altogether open and undecided ; and, by means of that, Elizabeth might either have kept her rival in perpetual anxiety and dependence, or, by the authority of her parliament, she might have broken in upon the order of lineal succession, and transferred the crown to some other descendant of the royal blood. The former conduct she observed towards James VI., who during his whole reign she held in perpetual fear and subjection. The lat- ter and more rigorous method of proceeding would, in all probability, have been employed against Mary, whom for many reasons she both envied and hated. Xor was this step beyond her power, unprece- dented in the history, or inconsistent with the con- stitution of England. Though succession by here- ditary right be an idea so natural and so popular that it has been established in almost every civi- lized nation, yet England affords many memorable 09 Haynes, :)7?>. &e. 15G1. OF SCOTLAND. 241 instances of deviation from that rule. The crown of that kingdom having once been seized by the hand of a conqueror, this invited the bold and en- terprising in every age to imitate such an illustrious example of fortunate ambition. From the time of \\ illiam the Norman, the regular course of descent had seldom continued through three successive reigns. Those princes, whose intrigues or valour opened to them a way to the throne, called in the authority of the great council of the nation to con- firm their dubious titles. Hence parliamentary and hereditary right became in England of equal con- sideration. That great assembly claimed and ac- tually possessed a power of altering the order of regal succession; and even so late as Henry VIJT. an act of parliament had authorized that capricious monarch to settle the order of succession at his pleasure. The English, jealous of their religious liberty, and averse from the dominion of strangers, would have eagerly adopted the passions of their sovereign, and might have been easily induced to exclude the Scottish line from the right of succeed- ing to the crown. These seem to have been the views of both Queens, and these were the diilicul- ties which retarded the ratification of the treaty of Edinburgh. But, if the sources of their discord were to be traced no higher than this treaty, an inconsiderable alteration in the words of it might have brought the present question to an amicable issue. The inde- finite and ambiguous expression, which Cecil had inserted into the treaty, might have been changed into one more limited but more precise; and Mary, instead of promising to abstain from bearing tin title of Queen of England in nil times to come, VOL. I. > 242 THE HISTORY B. III. might have engaged not to assume that title during the life of Elizabeth, or the lives of her lawful pos- terity 60 . Such an amendment, however, did not suit the views of either Queen. Though Mary had been obliged to suspend for some time the prosecution of her title to the English crown, she had not how- ever relinquished it. She determined to revive her claim on the first prospect of success, and was un- willing to bind herself, by a positive engagement, not to take advantage of any such fortunate occur- rence. Nor would the alteration have been more acceptable to Elizabeth, who, by agreeing to it, would have tacitly recognised the right of her rival to ascend the throne after her decease. But neither the Scottish nor English Queen durst avow these 60 This expedient for terminating the differences between Eli- zabeth and Mary was so obvious that it could not fail of present- ing itself to the view of the English ministers. " There hath been a matter secretly thought of, (says Cecil in a letter to Throkmorton, July l-l, 1561,) which I dare commu- nicate to you, although I mean never to be an author thereof; and that is, if an accord might be made betwixt onr Mistress and the Scottish Queen, that this should by parliament in Scot- land, &c. surrender unto the Queen's Majesty all matters of claim, and unto the heirs of her body; and in consideration thereof, the Scottish Queen's interest should be acknowledged in default of heirs of the body of the Queen's Majesty. Well, God send our Mistress a husband, and by time a son, that we may hope our posterity shall have a masculine succession. This matter is too big for weak folks, and too deep for simple. The Queen's Majesty knoweth of it." Hardw. State Pap. 1. 174. But with regard to every point relating to the succession, Eliza- beth was so jealous and so apt to take offence that her most confidential ministers durst not ur. f6 Ibid. Append. 188. Spotsw. 183. 1561. OF SCOTLAND. 'ifr. To a few three hundred merks were granted 17 . About twenty-four thousand pounds Scottish ap- pears to have been the whole sum allotted for the maintenance of a national church established by law, and esteemed throughout the kingdom the true church of God 88 . Even this sum was paid with little exactness, and the ministers were kept in the same poverty and dependence as formerly. loG2.] The gentleness of the Queen's adminis- tration, and the elegance of her court, had miti- gated, in some degree, the ferocity of the nobles, and accustomed them to greater mildness and hu- manity; while, at the same time, her presence and authority were a check to their factious and tumul- tuary spirit. But, as the state of order and tran- quillity was not natural to the feudal aristocracy, it could not be of long continuance; and this year became remarkable for the most violent eruptions of intestine discord and animosity. Among the great and independent nobility of Scotland, a monarch could possess little authority, and exercise no extensive or rigorous jurisdiction. The interfering of interest, the unsettled state of property, the frequency of public commotions, and the fierceness of their own manners sowed among the great families the seeds of many quarrels and contentions. These, as we have already observed, were frequently decided not by law, but by violence. The offended baron, without having recourse to the monarch, or acknowledging his superior authority, assembled his own followers, and invaded the lands of his rival in a hostile manner. Together with his estate and honours, every nobleman transmitted some hereditary feud to his posterity, who were 87 Knox, 301. 88 Keith, Append. 188. '264: THE HISTORY B. III. bound in honour to adopt and to prosecute it with unabated rancour. Such a dissension had subsisted between the house of Hamilton and the Earl of Bothwell, and was heightened by mutual injuries during the late commotions 89 . The Earl of Arran and Bothwell happening to attend the court at the same time, their followers quarreled frequently in the streets of Edinburgh, [February] and excited dangerous tumults in that city. At last, the mediation of their friends, particularly of Knox, brought about a re- concilement, but an unfortunate one to both these noblemen 90 . A few days after, Arran came to Knox, and, with the utmost terror and confusion, confessed first to him, and then to the Prior of St. Andrew's, that, in order to obtain the sole direction of affairs, Bothwell, and his kinsmen the Hamiltons, had conspired to murder the Prior, Maitland, and the other favourites of the Queen. The Duke of Cha- telherault regarded the Prior as a rival, who had supplanted him in the Queen's favour, and who filled that place at the helm, which he imagined to be due to himself, as first Prince of the blood. Bothwell, on account of the personal injuries which he had received from the Prior during the hostile operations of the two contending parties, was no less exasperated against him. But whether he and the Hamiltons had agreed to cement their new alliance with the blood of their common enemy, or whether the conspiracy existed only in the frantic and disordered imagination of the Earl of Arran, it is impossible, amidst the contradiction of historians and the defectiveness of records, positively to de- 89 Keith, 215. 90 Keitb, 305. 156*2. OF SCOTLAND. 2G5 termine. Among- men inflamed with resentment and impatient for revenge, rash expressions might be uttered, and violent and criminal expedients pro- posed; and on that foundation Arran's distempered fancy might rear the whole superstructure of a con- spiracy. All the persons accused denied their guilt with the utmost confidence. But the known cha- racters of the men, and the violent spirit of the age, added greatly to the probability of the accusation, and abundantly justify the conduct of the Queen's ministers, who confined Bothwell, Arran, and a few of the ringleaders in separate prisons, and obliged the Duke to surrender the strong castle of Dumbar- ton, which he had held ever since the time of his resigning the office of Regent 91 . The designs of the Earl of Huntly against the Prior of St. Andrew's were deeper laid, and pro- duced more memorable and more tragical events. George Gordon Earl of Huntly, having been one of the nobles who conspired against James III., and who raised his son James IV. to the throne, enjoyed a great share in the confidence of that ge- nerous Prince 92 . By his bounty, great accessions of wealth and power were added to a family already opulent and powerful. On the death of that mo- narch, Alexander the next Earl, being appointed Lord-lieutenant of all the counties beyond Forth, left the other nobles to contend for offices at court; and retiring to the north, where his estate and in- fluence lay, resided there in a kind of princely independence. The chieftains in that part of the kingdom dreaded the crowing dominion of such a dangerous neighbour, but were unable to prevent 91 Knox, 307, 308. 92 Crawf. Officers of State, oG. VOL. I. A A 266 THE HISTORY B. III. his encroachments. Some of his rivals he secretly undermined, others he subdued by open force. His estate far exceeded that of any other subject, and his superiorities and jurisdictions extended over many of the northern counties. With power and possessions so extensive, under two long and feeble minorities, and amidst the shock of civil commo- tions, the Earls of Huntly might have indulged the most elevated hopes. But, happily for the crown, an active and enterprising spirit was not the cha- racteristic of that family; and, whatever object their ambition might have in view, they chose rather to acquire it by political address than to seize it openly and by force of arms. The conduct of George the present Earl, during the late commotions, had been perfectly suitable to the character of the family in that age, dubious, variable, and crafty. While the success of the Lords of the Congregation was uncertain, he as- sisted the Queen Regent in her attempts to crush them. When their affairs put on a better aspect, he pretended to join them, but never heartily favoured their cause. He was courted and feared by each of the contending parties; both connived at his encroachments in the north ; and by artifice and force, which he well knew how to employ alternately and in their proper places, he added every day to the exorbitant power and wealth which he possessed. He observed the growing reputation and autho- rity of the Prior of St. Andrew's with the greatest jealousy and concern, and considered him as a rival who had engrossed that share in the Queen's confidence, to which his own zeal for the Popish religion seemed to give him a preferable title. Per- 1562. OF SCOTLAND. 2(J7 soual injuries soon increased the misunderstanding- occasioned by rivalship in power. The Queen having determined to reward the services of the Prior of St. Andrew's, by creating him an Earl, she made choice of Mar, as the place whence he should take his title; and, that he might be better able to support his new honour, bestowed upon him at the same time the lands of that name. These were part of the royal demesnes 93 , but the Earls of Huntly had been permitted, for several years, to keep possession of them 94 . [Feb. 1.] On this occa- sion the Earl not only complained, with some reason, of the loss which he sustained, but had real cause to be alarmed at the intrusion of a formidable neigh- bour into the heart of his territories, who might be able to rival his power, and excite his oppressed vassals to shake off his yoke. June 27.] An incident, which happened soon after, increased and confirmed Huntly's suspicions. Sir John Gordon, his third son, and Lord Ogilvie, had a dispute about the property of an estate. This dispute became a deadly quarrel. They happened unfortunately to meet in the streets of Edinburgh ; and being both attended with armed followers, a scuffle ensued, in which Lord Ogilvie was danger- ously wounded by Sir John. The magistrates seized both the offenders, and the Queen commanded thuni to be strictly confined. Under any regular govern- ment, such a breach of public peace and order would expose the person offending to certain punishment. At this time some severity was necessary in order to vindicate the Queen's authority from an insult the most heinous which had been offered to it since her return into Scotland. But in an ;ig<- accus- 9;i Crawf. Peer. 297. w Bach. 334. 268 THE HISTORY B. III. toined to licence and anarchy, even this moderate exercise of her power, in ordering them to be kept in custody, was deemed an act of intolerable rigour; and the friends of each party began to convene their vassals and dependants, in order to overawe or to frustrate the decisions of justice 95 . Meanwhile Gordon made his escape out of prison, and flying into Aberdeenshire, complained loudly of the in- dignity with which he had been treated; and as all the Queen's actions were at this juncture imputed to the Earl of Mar, this added not a little to the resentment which Huntly had conceived against that nobleman. Aug.] At the very time when these passions fermented, with the utmost violence, in the minds of the Earl of Huntly and his family, the Queen happened to set out on a progress into the northern parts of the kingdom. She was attended by the Earls of Mar and Morton, Maitland, and other leaders of that party. The presence of the Queen in a country where no name greater than the Earl of Huntly's had been heard of, and no power su- perior to his had been exercised, for many years, was an event of itself abundantly mortifying to that haughty nobleman. But while the Queen was en- tirely under the direction of Mar, all her actions were more apt to be misrepresented, and construed into injuries; and a thousand circumstances could not but occur to awaken Huntly 's jealousy, to offend his pride, and to inflame his resentment. Amidst the agitation of so many violent passions, some eruption was unavoidable. On Mary's arrival in the north, Huntly employed his wife, a woman capable of executing the com- 9i Keith, 223. 15(»2. OF SCOTLAND. ".>(>*> mission with abundance of dexterity, to sooth the Queen, and to intercede for pardon to their son. But the Queen peremptorily required that he should again deliver himself into the hands of justice, and rely on her clemency. Gordon was persuaded to do so; and being enjoined by the Queen to enter himself prisoner in the castle of Stirling, he promised likewise to obey that command. Lord Erskine, Mar's uncle, was at that time Governor of this fort. The Queen's severity, and the place in which she appointed Gordon to be confined, were interpreted to be new marks of Mar's rancour, and augmented the hatred of the Gordons against him. Sept. 1.] Mean time, Sir John Gordon set out towards Stirling; but, instead of performing his promise to the Queen, made his escape from his guards, and returned to take the command of his followers, who were rising in arms all over the north. These were destined to second and improve the blow, by which his father proposed, secretly and at once, to cut off Mar, Morton, and Mait- land, his principal adversaries. The time and place for perpetrating this horrid deed were fre- quently appointed; but the executing of it was wonderfully prevented, by some of those unfore- seen incidents which so often occur to disconcert the schemes and to intimidate the hearts of assas- sins 96 . Huntly's own house, at Strathbogie, was the last and most convenient scene appointed for committing the intended violence. But on her journey thither, the Queen heard of young Gor- don's flight and rebellion, and, refusing in the first transports of her indignation to enter under the father's roof, by that fortunate expression of her '■* Keith, 230. A A 2 270 THE. HISTORY B. III. resentment saved her ministers from unavoidable destruction 97 . The ill success of these efforts of private revenge precipitated Huntly into open rebellion. As the Queen was entirely under the direction of his rivals, it was impossible to compass their ruin without violating the allegiance which he owed his sove- reign. On her arrival at Inverness, the command- ing officer in the castle, by Huntly's orders, shut the gates against her. Mary was obliged to lodge in the town, which was open and defenceless; but this too was quickly surrounded by a multitude of the Earl's followers 98 . The utmost consternation seized the Queen, who was attended by a very slender train. She every moment expected the approach of the rebels, and some ships were already ordered into the river to secure her escape. The loyalty of the Munroes, Frasers, Mackintoshes, and some neighbouring clans, who took arms in her de- fence, saved her from this danger. By their assist- ance, she even forced the castle to surrender, and inflicted on the Governor the punishment which his insolence deserved. This open act of disobedience was the occasion of a measure more galling to Huntly than any the Queen had hitherto taken. Lord Erskine having pretended a right to the Earldom of Mar, Stewart resigned it in his favour ; and at the same time Mary conferred upon him the title of Earl of Mur- ray, with the estate annexed to that dignity, which had been in the possession of the Earl of Huntly since the year 1548". From this encroachment upon his domains he concluded that his family was 97 Knox, 318. 98 Crawf. Officers of State, 87, 88. 99 Crawf. Peer. 3o9. 1562. OF SCOTLAND. 27 L devoted to destruction; and, dreading to be strip- ped gradually of all those possessions which, in reward of their services, the gratitude of the crown had bestowed on himself, or his ancestors, he no longer disguised his intentions, but, in defiance of the Queen's proclamation, openly took arms. In- stead of yielding those places of strength, which Mary required him to surrender, his followers dis- persed or cut in pieces the parties which she dis- patched to take possession of them 10 ° ; and he himself advancing with a considerable bodv of men towards Aberdeen, to which place the Queen was now returned, filled her small court with consterna- tion. Murray had only a handful of men in whom he could confide 1 . In order to form the appear- ance of an army, he was obliged to call in the assistance of the neighbouring barons ; but as most of these either favoured Huntly's designs, or stood in awe of his power, from them no cordial or effec- tual service could be expected. Oct. 28.] With these troops, however, Murray, who coidd gain nothing by delay, marched briskly towards the enemy. He found them at Corichie, posted to great advantage ; he commanded his northern associates instantly to begin the attack ; but on the first motion of the enemy they treache- rously turned their back; and Huntly's followers, throwing aside their spears and breaking their ranks, drew their swords and rushed forward to the pur- suit. It was then that Murray gave proof, both of steady courage and prudent conduct. He stood immoveable on a rising ground with the small but trusty body of his adherents, who, presenting their spears to the enemy, received them with a deter- 100 Kno,x, 310. ■ Keitfa, U30. 272 THE HISTORY B. III. mined resolution which they little expected. The Highland broad sword is not a weapon fit to en- counter the Scottish spear. In every civil commo- tion, the superiority of the latter has been evident, and has always decided the contest. On this oc- casion the irregular attack of Huntly's troops was easily repulsed by Murray's firm battalion. Before they recovered from the confusion occasioned by this unforeseen resistance, Murray's northern troops, who had fled so shamefully in the beginning of the action, willing to regain their credit with the victo- rious party, fell upon them, and completed the rout. Huntly himself, who was extremely corpulent, was trodden to death in the pursuit. His sons, Sir John and Adam, were taken, and Murray returned in tri- umph to Aberdeen with his prisoners. The trial of men taken in actual rebellion against their sovereign was extremely short. Three days after the battle, Sir John Gordon was beheaded at Aberdeen. His brother Adam was pardoned on account of his youth. Lord Gordon, who had been privy to his father's designs, was seized in the south, and upon trial found guilty of treason; but, through the Queen's clemency, the punishment was remitted. The first parliament proceeded against this great family with the utmost rigour of law, and reduced their power and fortune to the lowest ebb ~. 2 This conspiracy of the Earl of Huntly is one of the most in- tricate and mysterious passages in the Scottish history. As it was a transaction purely domestic, and in which the English were little interested, few original papers concerning it have been found in Cecil's Collection, the great storehouse of evidence and information with regard to the affairs of this period. Buchanan supposes Mary to have formed a design about this time of destroying Murray, and of employing the power of the Earl of Huntly for this purpose. But his account of this whole lGb'8. OF SCOTLAND. 273 As the tall of the Earl of Huntly is the most important event of this year, it would have been improper to interrupt the narrative by taking notice of lesser transactions, which may now be related with equal propriety. In the beginning of summer, Mary, who was desirous of entering into a more intimate corres- pondence and familiarity with Elizabeth, employed JVIaitland to desire a personal interview with her, somewhere in the north of England. As this pro- posal could not be rejected with decency, the time, the place, and the circumstances of the meeting were instantly agreed upon. But Elizabeth was prudent enough not to admit into her kingdom a rival who outshone herself so far in beauty and transaction appears to be so void of truth, and even of probabi- lity, as to deserve no serious examination. At that time Mary wanted power, and seems to have had no inclination to commit any act of violence upon her brother. Two other hypotheses have been advanced, in order to ex- plain this matter; but they appear to be equally removed from truth. I. It cannot be well conceived, that the Queen's journey to the north was a scheme concerted by Murray, in order to ruin the Earl of Huntly. 1. Huntly had resided at court almost ever since the Queen's return. Keith, 198, Append. 175, &c. This was the proper place in which to have seized him. To attack him in Aberdeenshire, the seat of his power and in the midst of his vassals, was a project equally absurd and hazardous. 2. The Queen was not accompanied with a body of troops capable of attempting any thing against Huntly by violence : her train was not more numerous than was usual in times of greatest tranquil- lity. Keith, ;J30. 3. There remain two original letters with regard to this conspiracy ; one from Randolph the English resi- dent, and another from Maitland, both directed to Cecil. They talk of Huntly's measures as notoriously treasonable. Randolph mentions his repeated attempts to assassinate Murray, . B B 2 282 THE HISTORY B. III. importunity or their violence could never have ex- torted. Many laws of importance were to be pro- posed in Parliament; and to defeat all these, by such a fruitless and ill timed application to the Queen, would have been equall} 7 injurious to indi- viduals and detrimental to the public. The zeal of the Protestant clergy was deaf to all these considerations of prudence or policy. Eager and impatient, it brooked no delay : severe and inflexible, it would condescend to no compliances. The leading men of that order insisted, that this opportunity of establishing religion by law was not to be neglected. They pronounced the moderation of the courtiers apostacy; and their endeavours to gain the Queen they reckoned criminal and ser- vile. Knox solemnly renounced the friendship of the Earl of Murray, as a man devoted to Mary, and so blindly zealous for her service as to become regardless of those objects which he had hitherto esteemed most sacred. This rupture, which is a strong proof of Murray's sincere attachment to the Queen at that period, continued above a year and a half 12 . The preachers, being disappointed by the men in whom they placed the greatest confidence, gave vent to their indignation in their pulpits. These echoed more loudly than ever with declamations against idolatry; with dismal presages concerning the Queen's marriage with a foreigner ; and with bitter reproaches against those who, from interested motives, had deserted that cause which they once reckoned it their honour to support. The people, inflamed by such vehement declamations, which 12 Knox, 331. 1563. OF SCOTLAND. 283 were dictated by a zeal more sincere than prudent, proceeded to rash and unjustifiable acts of vio- lence. [Aug.] During the Queen's absence, on a progress into the west, mass continued to be cele- brated in her chapel at Holyrood-house. The mul- titude of those who openly resorted thither gave great offence to the citizens of Edinburgh, who, being free from the restraint which the royal pre- sence imposed, assembled in a riotous manner, interrupted the service, and filled such as were present with the utmost consternation. Two of the ringleaders in this tumult were seized, and a day appointed for their trial 13 . Oct. 8.] Knox, who deemed the zeal of these persons laudable, and their conduct meritorious, considered them as sufferers in a good cause ; and in order to screen them from danger, he issued cir- cular letters, requiring all who professed the true religion, or were concerned for the preservation of it, to assemble at Edinburgh, on the day of trial, that by their presence they might comfort and as- sist their distressed brethren 14 . One of these let- ters fell into the Queen's hands. To assemble the subjects without the authority of the sovereign was construed to be treason, and a resolution was taken to prosecute Knox for that crime, before the privy council. [Dec. 15.] Happily for him, his judges were not only zealous Protestants, but the very men who, during the late commotions, had openly resisted and set at defiance the Queen's au- thority. It was under precedents drawn from their own conduct that Knox endeavoured to shelter himself. Xor would it have been an easy matter to these counsellors to have found out a distincr 13 Knox, 335. •* Ibid. 336. 284 THE HISTORY B. III. tion, by which they could censure him without con- demning themselves. After a long hearing, to the astonishment of Lethington and the other cour- tiers l0 , he was unanimously acquitted. Sinclair, Bishop of Ross, and president of the Court of Ses- sion, a zealous papist, heartily concurred with the other counsellors in this decision 16 ; a remarkable fact, which shows the unsettled state of govern- ment in that age ; the low condition to which regal authority was then sunk ; and the impunity with which subjects might invade those rights of the crown which are now held sacred. 1564.] The marriage of the Scottish Queen con- tinued still to be the object of attention and intrigue. Though Elizabeth, even while she wished to direct Mary, treated her with a disgustful reserve ; though she kept her, without necessity, in a state of sus- pense ; and hinted often at the person whom she destined to be her husband, without directly men- tioning his name; yet Mary framed all her actions to express such prudent respect for the English Queen, that foreign Princes began to imagine she had given herself up implicitly to her direction 17 . The prospect of this union alarmed Catherine of Medicis. Though Catherine had taken pleasure all along in doing ill offices to the Queen of Scots; though soon after the Duke of Guise's death, she had put upon her a most, mortifying indignity, by stopping the payment of her dowry, by depriving her subject the Duke of Chatelherault of his pen- sion, and by bestowing the command of the Scottish guards on a Frenchman 18 ; she resolved, however, to prevent this dangerous conjunction of the British 15 Calderw. MS. Hist. i. 832. ,6 Knox, 343. ,r Keitb, 248. ,8 Keitb, 244. 1564. OF SCOTLAND. 285 Queens. For this purpose she now employed all her art to appease Mary 19 , to whom she had given so many causes of offence. The arrears of her dowry were instantly paid ; more punctual remit- tances were promised for the future ; and offers made, not only ta restore but to extend the privi- leges of the Scottish nation in France. It was easy for Mary to peneirate into the motives of this sud- den change ; she well knew the character of her mother-in-law, and laid little stress upon profes- sions of friendship which came from a Princess of such a false and unfeeling heart. The negotiation with England, relative to the marriage, suffered no interruption from this appli- cation of the French Queen. As Mary, in com- pliance with the wishes of her subjects, and pressed by the strongest motives of interest, determined speedily to marry, Elizabeth was obliged to break that unaccountable silence which she had hitherto affected. The secret was disclosed, and her fa- vourite Lord Robert Dudley, afterwards Earl of Leicester, was declared to be the happy man whom she had chosen to be the husband of a Queen courted by many Princes J0 . Elizabeth's wisdom and penetration were remarkable in the choice of her ministers ; in distinguishing her favou- rites, those great qualities were less conspicuous. She was influenced in two cases so opposite, by merit of very different kinds. Their capacity for business, their knowledge, their prudence, were the talents to which alone she attended in choosing her ministers ; whereas beauty and gracefulness of per- son, polished manners, and courtly address, were 19 See Append. No. VIII. 20 Keilh, 251. 286 THE HISTORY B. III. the accomplishments on which she bestowed her favour. She acted in the one case with the wis- dom of a Queen, in the other she discovered the weakness of a woman. To this Leicester owed his grandeur. Though remarkable neither for emi- nence in virtue nor superiority of abilities, the Queen's partiality distinguished him on every oc- casion. She raised him to the highest honours, she bestowed on him the most important employ- ments, and manifested an affection so dispropor- tionate to his merit, that, in the opinion of that age, it could be accounted for only by the power of planetary influence 21 . The high spirit of the Scottish Queen could not well bear the first overture of a match with a sub- ject. Her own rank, the splendour of her former marriage, and the solicitations at this time of so many powerful Princes, crowded into her thoughts, and made her sensibly feel how humbling and dis- respectful Elizabeth's proposal was. She dissem- bled, however, with the English resident ; and though she declared, in strong terms, what a de- gradation she would deem this alliance, which brought along with it no advantage that could jus- tify such neglect of her own dignity, she mentioned the Earl of Leicester, notwithstanding, in terms full of respect 22 . Elizabeth, we may presume, did not wish that the proposal should be received in any other man- ner. After the extraordinary marks she had given of her own attachment to Leicester, and while he was still in the very height of favour, it is not pro- bable she could think seriously of bestowing him 21 Camden, 5 19. 22 Keitb, 252. 1564. OF SCOTLAND. 287 upon another. It was not her aim to persuade, but only to amuse Mary 23 . Almost three years were elapsed since her return into Scotland; and though solicited by her subjects, and courted by the greatest Princes in Europe, she had hitherto been prevented from marrying, chiefly by the arti- fices of Elizabeth. If at this time the English Queen could have engaged Mary to listen to her proposal in favour of Leicester, her power over this creature of her own would have enabled her to protract the negotiation at pleasure ; and, by keeping her rival unmarried, she would have ren- dered the prospect of her succession less acceptable to the English. Leicester's own situation was extremely delicate and embarrassing. To gain possession of the most amiable woman of the age, to carry away this prize from so many contending Princes, to mount the throne of an ancient kingdom, might have flattered the ambition of a subject much more considerable than him. He saw all these advantages no doubt; and, in secret, they made their full impression on him. But, without offending Elizabeth, he durst not venture on the most distant discovery of his sentiments, or take any steps towards facilitating- his acquisition of objects so worthy of desire. On the other hand, Elizabeth's partiality towards him, which she was at no pains to conceal 24 , might inspire him with hopes of attaining the supreme rank in a kingdom more illustrious than Scotland. Elizabeth had often declared that nothing; but her resolution to lead a single life, and his being born her own subject, would have hindered her from choosing the Earl of Leicester for a husband. Such 23 Mel v. 104, 105. 2 « Ibid. 93, 94. 288 THE HISTORY B. III. considerations of prudence are, however, often sur- mounted by love; and Leicester might flatter him- self, that the violence of her affection would at length triumph both over the maxims of policy and the scruples of pride. These hopes induced him, now and then, to conclude the proposal of his mar- riage with the Scottish Queen to be a project for his destruction; and he imputed it to the malice of Cecil, who, under the specious pretence of doing him honour, intended to ruin him in the good opinion both of Elizabeth and Mary c5 . A treaty of marriage, proposed by one Queen, who dreaded its success ; listened to by another, who was secretly determined against it; and scarce- ly desired by the mar. himself, whose interest and reputation it was calculated, in appearance, to pro- mote ; could not, under so many unfavourable cir- cumstances, be brought to a fortunate issue. Both Elizabeth and Mary continued, however, to act with equal dissimulation. The former, notwithstand- ing her fears of losing Leicester, solicited warmly in his behalf. The latter, though she began about this time to cast her eyes upon another subject of Engl uid, did not at once venture finally to reject Elizabeth's favourite. The person towards whom Mary began to turn her thoughts was Henry Stewart lord Darnly, eldest son of the Earl of Lennox. That nobleman, having been driven out of Scotland, under the re- gency of the Duke of Chatelherault, had lived in banishment for twenty years. His wife, Lady Margaret Douglas, was Mary's most dangerous rival in her claim upon the English succession. She was the daughter of Margaret, the eldest sister of - 5 xMelv. 101. 15(M. OF SCOTLAND. 281) Henry VIII. by the Earl of Angus, whom that Queen married after the death of her husband James IV. In that age, the right and order of succession was not settled with the same accuracy as at present. Time, and the decision of almost every case that can possibly happen, have at lust introduced certainty into a matter, which naturally is subject to all the variety arising from the caprice of lawyers, guided by obscure and often imaginary analogies. The Countess of Lennox, though born of a second marriage, was one degree nearer the royal blood of England than Mary. She was the daughter, Mary only the granddaughter of Mar- garet. This was not the only advantage over Mary which the Countess of Lennox enjoyed. She was born in England, and, by a maxim of law in that country, with regard to private inheritances, "who- ever is not born in England, or at least of parents who, at the time of his birth, were in the obedience of the King of England, cannot enjoy any inheri- tance in the kingdom 25 ." This maxim, Hales, an English lawyer, produced in a treatise which he pub- lished at this time, and endeavoured to apply it to the right of succession to the crown. In a private cause these pretexts might have given rise to a long and doubtful litigation ; where a crown was at stake, such nice disputes and subtilties were to be avoided with the utmost care. If Darnly should happen to contract an alliance with any of the pow- erful families in England, or should publicly profess the Protestant religion, these plausible and popular topics might be so urged as to prove fatal to the pretensions of a foreigner and of a Papist. Mary was aware of all this; and, in order to -'' Carle, Hist, of Eng. vol. iii. 122. VOL. I. C C 290 THE HISTORY B. III. prevent any danger from that quarter, had early endeavoured to cultivate a friendly correspondence with the family of Lennox. In the year one thou- sand five hundred and sixty-two 26 , both the Earl and the Lady Margaret were taken into custody by Elizabeth's orders, on account of their holding* a secret correspondence with the Scottish Queen. From the time that Mary became sensible of the difficulties which would attend her marrying a foreign Prince, she entered into a still closer con- nexion with the Earl of Lennox c? , and invited him to return into Scotland. This she endeavoured to conceal from Elizabeth ; but a transaction of so much importance did not escape the notice of that discerning Princess. She observed but did not interrupt it. Nothing could fall in more perfectly with her views concerning Scottish affairs. She was pleased to see the pride of the Scottish Queen stoop at last to the thoughts of taking a subject to her bed. Darnly was in no situation to excite her jealousy or her fears. His father's estate lay in England, and by means of this pledge she hoped to keep the negotiation entirely in her own hands, to play the same game of artifice and delay, which she had planned out, if her recommendation of Leicester had been more favourably received. As before the union of the two crowns no sub- ject of one kingdom could pass into the other with- out the permission of both sovereigns ; no sooner did Lennox, under pretence of prosecuting his wife's claim upon the earldom of Angus, apply to Eliza- beth for her licence to go into Scotland, than he obtained it. Together with it, she gave him let- ters, warmly recommending his person and cause 26 Camden, 389. w Ibid. 396. 1-3G4. OF SCOTLAND. 2'Jl to Mary's friendship and protection J;; . But at the same time, as it was her manner to involve all her transactions with regard to Scotland in some degree of perplexity and contradiction, she warned Mary, that this indulgence of Lennox might prove fatal to herself, as his return could not fail of reviving the ancieut animosity between him and the house of Hamilton. This admonition gave umbrage to Mary, and drew from her an angry reply, which occasioned for some time a total interruption of all correspond- ence between the two Queens 29 . Mary was not a little alarmed at this ; she both dreaded the effects of Elizabeth's resentment, and felt sensibly the dis- advantage of being excluded from a free intercourse with England, where her ambassadors had all along carried on, with some success, secret negotiations, which increased the number of her partisans, and paved her way towards the throne. In order to remove the causes of the present difficulty, Melvil was sent express to the court of England. He found it no difficult matter to bring about a recon- cilement ; and soon reestablished the appearance, but not the confidence, of friendship, which was all that had subsisted for some time between the two Queens. During this negotiation, Elizabeth's professions of love to Mary, and Melvil's replies in the name of his mistress, were made in the language of the warmest and most cordial friendship. But what Melvil truly observes with respect to Elizabeth, may be extended without injustice to both Queens. " There was neither plain dealing nor upright mean- ing, but great dissimulation, envy, and fear 30 ." 28 Keith, 2.>.i. 20*. -" Kcitli, 263. Melv. s;;. w Mel?. 104. 292 THE HISTORY B. III. Lennox, however, in consequence of the licence which he had obtained, set out for Scotland, and was received by the Queen, not only with the re- spect due to a nobleman so nearly allied to the royal family, but treated with a distinguished fami- liarity which could not fail of inspiring him with more elevated hopes. The rumour of his son's marriage to the Queen began to spread over the kingdom; and the eyes of all Scotland were turned upon him as the father of their future master. The Duke of Chatelherault was the first to take the alarm. He considered Lennox as the ancient and hereditary enemy of the house of Hamilton; and, in his grandeur, saw the ruin of himself and his friends. But the Queen interposed her authority to prevent any violent rupture, and employed all her influence to bring about an accommodation of the differences 31 . The powerful family of Douglas no less dreaded Lennox's return, from an apprehension that he would wrest the earldom of Angus out of their hands. But the Queen, who well knew how dangerous it would be to irritate Morton, and other great men of that name, prevailed on Lennox to purchase their friend- ship by allowing his Lady's claim upon the earldom of Angus to drop 3 ~. After these preliminary steps, Mary ventured to call a meeting of parliament [Dec.]. The act of forfeiture passed against Lennox in the year one thousand rive hundred and forty-five was repealed, and he was publicly restored to the honours and estate of his ancestors 33 . June 25, Dec. 25.] The ecclesiastical transac- •" Keith, 259; 3 - Ibid. 208. Note (6). 33 See Append. No. I\. 15(H. OF SCOTLAND. 293 tions of this year were not considerable. In the assemblies of the church, the same complaints of the increase of idolatry, the same representations concerning the poverty of the clergy were renewed. The reply which the Queen made to these, and her promises of redress, were more satisfying to the Protestants than any they had hitherto obtained 34 . But notwithstanding her declarations in their fa- vour, they could not help harbouring many sus- picions concerning Mary's designs against their religiou. She had never once consented to hear any preacher of the reformed doctrine. She had abated nothing of her bigoted attachment to the Romish faith. The genius of that superstition, averse at all times from toleration, was in that age fierce and unrelenting. Mary had given her friends on the continent repeated assurances of her resolu- tion to reestablish the Catholic church" . She had industriously avoided every opportunity of ratifying the acts of parliament one thousand five hundred and sixty, in favour of the Reformation. Even the protection which, ever since her return, she had afforded the Protestant religion, was merely tem- porary, and declared, by her own proclamation, to be of force only " till she should take some final order in the matter of religion 35 ." The vigilant zeal of the preachers was inattentive to none of these circumstances. The coldness of their prin- cipal leaders, who were at this time entirely de- voted to the court, added to their jealousies and fears. These they uttered to the people, in lan- guage which they deemed suitable to the necessity of the times, and which the Queen reckoned disre- 34 Keith, 533.539. Carte, vol. iiL 115, 16 Keitb, 501. 510. C < 294 THE HISTORY * B. III. spectful and insolent. In a meeting of the General Assembly, Maitland publicly accused Knox of teaching seditious doctrine, concerning the right of subjects to resist those sovereigns who trespass against the duty which they owe to the people. Knox was not backward to justify what he had taught ; and upon this general doctrine of resist- ance, so just in its own nature, but so delicate in its application to particular cases, there ensued a debate, which admirably displays the talents and character of both the disputants ; the acuteness of the former, embellished with learning, but prone to subtilty ; the vigorous understanding of the latter, delighting in bold sentiments, and superior to all fearX 1565.] Two years had already been consumed in fruitless negotiations concerning the marriage of the Scottish Queen. Mary had full leisure and opportunity to discern the fallacy and deceit of all Elizabeth's proceedings with respect to it. But, in order to set the real intentions of the English Queen in a clear light, and to bring her to some explicit declaration of her sentiments, Mary at last intimated to Randolph [Feb. 5], that, on condition her right of succession to the crown of England were publicly acknowledged, she was ready to yield to the solicitations of his mistress in behalf of Leicester 38 . Nothing could be further than this from the mind and jntention of Elizabeth. The right of succession was a mystery, which, during her whole reign, her jealousy preserved untouched and unexplained. She had promised, however, when she first began to interest herself in the mar- riage of the Scottish Queen, all that, was now " Kuox, 310. » Keith, 2G9. 15G5. OF SCOTLAND. 21)5 demanded. How to retreat with decency, how to elude her former offer, was on that account not a little perplexing. The facility with which Lord Darnly obtained per- mission to visit the court of Scotland, was owing - , in all probability, to that embarrassment. From the time of JYIelvil's embassy, the Countess of Len- nox had warmly solicited this liberty for her son. Elizabeth was no stranger to the ambitious hopes with which that young nobleman flattered himself. She had received repeated advices from her minis- ters, of the sentiments which Mary began to enter- tain in his favour 39 . It was entirely in her power to prevent his stirring out of London. In the pre- sent conjuncture, however, nothing could be of more advantage to her than Dandy's journey into Scotland. She had already brought one actor upon the stage, who under her management had, for a long time, amused the Scottish Queen. She hoped, no less absolutely, to direct the motions of Darnly, who was likewise her subject; and again to involve Mary in all the tedious intricacies of negotiation. These motives determined Elizabeth and her ministers to yield to the solicitations of the Countess of Lennox. But this deep laid scheme was in a moment dis- concerted. Such unexpected events, as the fancy of poets ascribes to love, are sometimes really pro- duced by that passion. An affair which had been the object of so many political intrigues, and had moved and interested so many princes, was at last decided by the sudden liking of two young per- sons. Lord Darnly was at this time in the first bloom and vigour of youth. In beauty and grace- 39 Keith, 2.39. 2G1.2G0. 296 THE HISTORY B. III. fulness of person he surpassed all his contempora- ries; he excelled eminently in such arts as add ease and elegance to external form, and which en- abled it not only to dazzle but to please. Mary was of an age, and of a temper, to feel the full power of these accomplishments. The impression which Lord Darnly made upon her was visible from the time of their first interview [Feb. 13]. The whole business of the court was to amuse and entertain this illustrious guest 40 ; and in all those scenes of gaiety, Darnly, whose qualifications were altogether superficial and showy, appeared to great advantage. His conquest of the Queen's heart became complete ; and inclination now prompted her to conclude her marriage, the first thoughts of which had been suggested by considerations merely political. Elizabeth contributed, and perhaps not without design, to increase the violence of this passion. Soon after Dandy's arrival in Scotland, she, in re- turn to that message whereby Mary had signified her willingness to accept of Leicester, gave an an- swer in such terms as plainly unravelled her ori- ginal intention in that intrigue 41 . She promised, if the Scottish Queen's marriage with Leicester should take place, to advance him to great honours; but, with regard to Mary's title to the English succes- sion, she would neither suffer any legal inquiry to be made concerning it, nor permit it to be publicly recognised, until she herself should declare her re- solution never to marry. Notwithstanding Eliza- beth's former promises, Mary had reason to expect every thing contained in this reply; her high spirit, however, could not bear with patience such a cruel A0 Knox, 309. 4f Keith, Append. 158. 15Gf Rome 4 ?. It was Darnly's misfortune to fall under the ma- nagement of this man, who, by flattery and assi- duity easily gained on his vanity and inexperience. All Rizio's influence with the Queen was employ- ed in his behalf, and contributed, without doubt, towards establishing him more firmly in her affec- tions 50 . But whatever benefit Darniy might reap from his patronage, it did not counterbalance the contempt, and even infamy, to which he was ex- posed on account of his familiarity with such an upstart. Though Darniy daily made progress in the Queen's affection, she conducted herself, however, with such prudent reserve, as to impose on Ran- dolph, the English resident, a man otherwise shrewd and penetrating. It appears from his letters at this period, that he entertained not the least suspicion of the intrigue which was carrying on ; and gave his court repeated assurances, that the Scottish Queen had no design of marrying Darniy 01 . In the midst of this security, Mary dispatched Mait- land to signify her intention to Elizabeth, and to solicit her consent to the marriage with Darnlv. 40 Buclian. 340. Melv. 107. » Mel v. 111. 51 Keith, 273, and Append. 169. 15G5. OF SCOTLAND. 301 This embassy was the first thing which opened the eyes of Randolph. April 18.] Elizabeth affected the greatest sur- prise at this sudden resolution of the Scottish Queen, but without reason. The train was laid by herself, and she had no cause to wonder when it took effect. She expressed at the same time her disapprobation of the match in the strongest terms; and pretended to foresee many dangers and incon- veniencies arising from it to both kingdoms. But this too was mere affectation. Mary had often and plainly declared her resolution to marry. It was impossible she could make any choice more inof- fensive. The danger of introducing a foreign inte- rest into Britain, which Elizabeth had so justly dreaded, was entirely avoided. Darnlv, though allied to both crowns, and possessed of lands in both kingdoms, could be formidable to neither. It is evident from all these circumstances, that Eliza- beth's apprehensions of danger could not possibly be serious; and that in all her violent declarations against Darnly, there was much more of grimace than of reality 52 . % There were not wanting, however, political mo- tives of much weight to induce that artful Princess to put on the appearance of great displeasure. Mary, intimidated by this, might perhaps delay 52 Even tlie historians of that age acknowledge, that the mar- riage of tlie Scottish Queen with a subject was far from being disagreeable to Elizabeth, knox, 369. 373. Bachan. 'Mi'.}. Castelnau, who at that time was well acquainted with the in- trigues of both the British courts, asserts, upon grounds of threat probability, thai the match was wholly Elizabeth's own work; Casteln. \(V2 : and that she rejoiced at the accomplishment of it, appears from the letters of her own ambassadors. Keith, 280. 288. VOL. I. D D 302 THE HISTORY B. III. her marriage ; which Elizabeth desired to obstruct with a weakness that little suited the dignity of her mind and the elevation of her character. Besides, the tranquillity of her own kingdom was the great object of Elizabeth's policy ; and, by declaring her dissatisfaction with Mary's conduct, she hoped to alarm that party in Scotland which was attached to the English interest, and to encourage such of the nobles as secretly disapproved the match, openly to oppose it. The seeds of discord would by this means be scattered through that kingdom. Intestine commotions might arise. Amidst these, Mary could form none of those dangerous schemes to which the union of her people might have prompted her. Elizabeth would become the um- pire between the Scottish Queen and her contend- ing subjects; and England might look on with se- curity, while a storm which she had raised, wasted the only kingdom which could possibly disturb its peace. May 1.] In prosecution of this scheme, she laid before her privy council the message from the Scot- tish Queen, and consulted them with regard to the answer she should return. Their determination, it is easy to conceive, was perfectly conformable to her secret views. They drew up a remonstrance against the intended match, full of the imaginary tlangers with which that event threatened the king- dom 53 . Nor did she think it enough to signify her disapprobation of the measure, either by Maitland, Mary's ambassador, or by Randolph, her own re- sident in Scotland : in order to add more dignity to the farce which she chose to act, she appointed Sir Nicholas Throgmorton her ambassador extra- 63 Keith, 274. See Append. No. X. 1565. OF SCOTLAND. 303 ordinary. She commanded him to declare, in the strongest terms, her dissatisfaction with the step which Mary proposed to take ; and at the same time to produce the determination of the privy council as an evidence that the sentiments of the nation were not different from her own. Not long after, she confined the Countess of Lennox as a prisoner, first in her house, and then sent her to the Tower 04 . Intelligence of all this reached Scotland before the arrival of the English ambassador. In the first transports of her indignation, Mary resolved no longer to keep any measures with Elizabeth ; and sent orders to Maitland, who accompanied Throg- morton, to return instantly to the English court, and in her name to declare to Elizabeth that, after having been amused so long to so little purpose ; after having been fooled and imposed on so grossly by her artifices ; she was now resolved to gratify her own inclination, and to ask no other consent but that of her own subjects, in the choice of a husband. Maitland, with his usual sagacity, fore- saw all the effects of such a rash and angry mes- sage, and ventured rather to incur the displeasure of his mistress, by disobeying her commands, than to be made the instrument of tearing asunder so violently the few remaining ties which still linked together the two Queens 55 . Mary herself soon became sensible of her error. She received the English ambassador with respect; justified her own conduct with decency; and though unalterable in her resolution, she affected a won- derful solicitude to reconcile Elizabeth to the tin a ■"•' kutli, Append. 101. 55 Ibid. 160. 304 THE HISTORY B. III. sure ; and even pretended, out of complaisance towards her, to put off the consummation of the marriage for some months 50 . It is probable, how- ever, that the want of the Pope's dispensation, and the prospect of gaining the consent of her own sub- jects, were the real motives of this delay. This consent Mary laboured with the utmost industry to obtain. The Earl of Murray was the person in the kingdom, whose concurrence was of the greatest importance ; but she had reason to fear that it would not be procured without extreme dif- ficulty. From the time of Lennox's return into Scotland, Murray perceived that the Queen's affec- tions began gradually to be estranged from him. Darnly, Athol, Rizio, all the court favourites, com- bined against him. His ambitious spirit could not brook this diminution of his power, which his for- mer services had so little merited. He retired into the country, and gave way to rivals with whom he was unable to contend 57 . The return of the Earl of Both well, his avowed enemy, who had been accused of a design upon his life, and who had re- sided for some time in foreign countries, obliged him to attend to his own safety. No entreaty of the Queen could persuade him to a reconcilement with that nobleman. He insisted on havins; him brought to public trial, and prevailed, by his im- portunity, to have a day fixed for it. Bothwell durst not appear in opposition to a man, who came to the place of trial attended by five thousand of his followers on horseback. He was once more constrained to leave the kingdom ; but, by the Queen's command, the sentence of outlawry, which 56 Keith, 27,s. " Ibid. 272. 274. Append. 159. 1565. OF SCOTLAND. 305 is incurred by nonappearance, was not pronounced against him Mary, sensible, at the same time, of how much importance it was to gain a subject so powerful and so popular as the Earl of Murray, invited him back to court [May 8], and received him with many demonstrations of respect and confidence. At last she desired him to set an example to her other subjects by subscribing a paper containing a formal approbation of her marriage with Darnly. Murray had many reasons to hesitate, and even to withhold his assent. Darnly had not only under- mined his credit with the Queen, but discovered, on every occasion, a rooted aversion to his person. By consenting to his elevation to the throne, he would give him such an accession of dignity and power as no man willingly bestows on an enemy. The unhappy consequences which might follow upon a breach with England, were likewise of con- siderable weight with Murray. He had always openly preferred a confederacy with England, be- fore the ancient alliance with France. By his means, chiefly, this change in the system of na- tional polities had been brought about. A league with England had been established ; and he could not think of sacrificing, to a rash and youthful pas- sion, an alliance of so much utility to the kingdom; and which he and the other nobles were bound by every obligation to maintain '. Nor was the in- terest of religion forgotten on this occasion. Mary, though surrounded by Protestant counsellors, had found means to hold a dangerous correspondence with foreign Catholics. She had even courted tin Pope's protection, who had sent her a subsidy of Keith, Append. 160. ^ [bid. l<>(). i) I) 2 30C THE HISTORY B. III. eight thousand crowns 6o . Though Mary had hi- therto endeavoured to bridle the zeal of the reform- ed clergy, and to set the Queen's conduct in the most favourable light, yet her obstinate adherence to her own religion could not fail of alarming him ; and by her resolution to marry a Papist, the hope of reclaiming her, by a union with a Protestant, was for ever cut off*' 1 . Each of these considera- tions had its influence on Murray, and all of them determined him to decline complying at that time with the Queen's request. The convention of nobles, which was assembled a few days after [May 14], discovered a greater disposition to gratify the Queen. Many of them, without hesitation, expressed their approbation of the intended match; but as others were startled at the same dangers which had alarmed Murray, or were influenced by his example to refuse their con- sent, another convention was appointed at Perth, in order to deliberate more fully concerning this matter 62 . Meanwhile Mary gave a public evidence of her own inclination, by conferring upon Darnly titles of honour peculiar to the royal family. The oppo- sition she had hitherto met with, and the many contrivances employed to thwart and disappoint her inclination, produced their usual effect on her heart, they continued her passion, and increased its violence. The simplicity of that age imputed an affection so excessive to the influence of witch- craft 03 . It was owing, however, to no other charm than the irresistible power of youth and beauty over a young and tender heart. Darnly grew giddy 60 Keith, 295. Mel v. 114. 6I Keith, Append. 160, m Keith, 283. Knox, 373. 63 Keitli, 283. 15G5. OF SCOTLAND. 307 with his prosperity. Flattered by the love of a Queen, and the applause of many among her sub- jects, his natural haughtiness and insolence became insupportable, and he could no longer bear advice, far less contradiction. Lord Ruthven happening to be the first person who informed him that Mary, in order to sooth Elizabeth, had delayed for some time creating him Duke of Albany, he, in a frenzy, of rage, drew his dagger, and attempted to stab him 64 . It required all Mary's attention to prevent his falling under that contempt to which such beha- viour deservedly exposed him. In no scene of her life was ever Mary's own ad- dress more remarkably displayed. Love sharpened her invention, and made her study every method of gaining her subjects. Many of the nobles she won by her address, and more by her promises. On some she bestowed lands, to others she gave new titles of honour 05 . She even condescended to court the Protestant clergy ; and having invited three of their sitperintendants to Stirling, she de- clared, in strong terms, her resolution to protect their religion, expressed her willingness to be pre- sent at a conference upon the points in doctrine which were disputed between the Protestants and Papists, and went so far as to show some desire to hear such of their preachers as were most remark- able tor their moderation 00 . By these arts the Queen gained wonderfully upon the people, who, unless their jealousy be raised by repeated injuries, are always ready to view the actions of their sove- reign with an indulgent eye. On the other hand, Murray and his associates were plainly the dupes of Elizabeth's policy. She ' Ivcitb, Append. 100. Ibid. 283. M Knox, 37:}. 308 THE HISTORY B. III. talked in so high a strain of her displeasure at the intended match; she treated Lady Lennox with so much rigour; she wrote to the Scottish Queen in such high terms ; she recalled the Earl of Lennox and his son in such a peremptory manner, and with such severe denunciations of her vengeance if they should presume to disobey 07 ; that all these expres- sions of aversion fully persuaded them of her sin- cerity. This belief fortified their scruples with re- spect to the match, and encouraged them to oppose it. They began with forming among themselves bonds of confederacy and mutual defence; they entered into a secret correspondence with the Eng- lish resident, in order to secure Elizabeth's assist- ance when it should become needful 6s ; they endea- voured to till the nation with such apprehensions of danger as nnVht counterbalance the influence of those arts which the Queen had employed. Besides these intrigues, there were secretly car- ried on, by both parties, dark designs of a more criminal nature, and more suited to the spirit of the age. Darnly, impatient of that opposition, which he imputed wholly to Murray, and resolving at any rate to get rid of such a powerful enemy, formed a plot to assassinate him during the meet- ing of the convention at Perth. Murray, on his part, despairing of preventing the marriage by any other means, had, together with the Duke of Cha- telherault and the Earl of Argyll, concerted mea- sures for seizing Darnly, and carrying him a pri- soner into England. If either of these conspiracies had taken effect, this convention mi^ht have been attended with con- sequences extremely tragical ; but both were ren- 67 Keith, 285, 260. 68 Ibid. 289. 292. 298. 1SG5. OF SCOTLAND. 309 dered abortive by the vigilance or good fortune of those against whom they were formed. Murray, being warned of his danger by some retainers to the court, who still favoured his interest, avoided the blow by not going to Perth. Mary, receiving intelligence of Murray's enterprise, retired with the utmost expedition, along with Darnly, to the other side of Forth. Conscious, on both sides, of guilt, and inflamed with resentment, it was impossible they could either forget the violence which them- selves had meditated, or forgive the injuries in- tended against them. From that moment all hope of reconcilement was at an end, and their mutual enmity burst out with every symptom of implacable hatred ^ 69 The reality of these two opposite conspiracies has given occasion to many disputes and much contradiction. Some deny that any design was formed against the life of Murray; others call in question the truth of the conspiracy against Darnly. There seems, however, to be plausible reasons for believing that there is some foundation for what has been asserted with regard to both ; though the zeal and credulity of party-writers have added to each manv exaggerated circumstances. The following arguments render it probable that some violence was intended against Murray : I. 1. This is positively asserted by Buchanan, 341. 2. The English resident writes to Cecil, that Murray was assuredly in- formed that a design was formed of murdering liim at Perth, and mentions various circumstances concerning the manner in which the crime was to be committed. II the whole had been a fiction of his own, or of Murray, it is impossible that he could have written in this strain to such a discerning minister. Keith, 287. 3. Murray himself constantly and publicly persisted in affirming that such a design was formed against his life. Keith, App. 10, :JI<>. VOL. I. E E 314 THE HISTORY B. III. implacable hatred to Murray, whom they deemed the enemy of their families and the author of their own sufferings. This common hatred became the foundation of the strictest union with the Queen, and gained them an ascendant over all her coun- cils. Murray himself considered this confederacy with his avowed enemies, as a more certain indica- tion than any measure she had yet taken, of her inexorable resentment. The malecontents had not yet openly taken up arms" 6 . But the Queen having ordered her sub- jects to march against them, they were driven to the last extremity. They found themselves unable to make head against the numerous forces which Mary had assembled ; and fled into Argyleshire, in expectation of aid from Elizabeth, to whom they had secretly dispatched a messenger in order to implore her immediate assistance 77 . Meanwhile Elizabeth endeavoured to embarrass Mary by a new declaration of disgust at her con- duct. She blamed both her choice of Lord Darnlv, and the precipitation with which she had concluded the marriage. She required Lennox and Darnly, whom she still called her subjects, to return into England ; and at the same time she warmly inter- ceded in behalf of Murray, whose behaviour she 76 After their fruitless consultation in Stirling, the Lords re- tired to their own houses. Keith, 304. Murray was still at St. Andrew's on July 22. Keith, 300. By the places of ren- dezvous, appointed for the inhabitants of the different counties, August 4, it appears that the Queen's intention was to march into Fife, the county in which Murray, Rothes, Kirkaldy, and other chiefs of the malecontents, resided. Keith, 310. Their flight into the west, Keith, 312, preveuted this expedition, and fhe former rendezvous was altered. Keith, 310. 77 Keith, 312. Knox, 380. OF SCOTLAND. 315 represented to be not only innocent but laudable. This message, so mortifying to the pride of the Queen, and so full of contempt for her husband, was rendered still more insupportable by the petu- lant and saucy demeanour of Tamvvorth, the person who delivered it 78 . Mary vindicated her own con- duct with warmth, but with great strength of rea- son ; and rejected the intercession in behalf of Murray, not without signs of resentment at Eliza- beth's pretending to intermeddle in the internal government of her kingdom 7y . She did not, on that account, intermit in the least the ardour with which she pursued Murray and his adherents 80 . They now appeared openly in arms; and, having received a small supply in money from Elizabeth 81 , were endeavouring to raise their followers in the western counties. But Mary's vigilance hindered them from assembling in any considerable body. All her military operations at that time were concerted with wisdom, executed with vigour, and attended with success. In order to encourage her troops, she herself marched along with them, rode with loaded pistols 8 -', and endured all the fatigues of war with admirable fortitude. Her alacrity inspired her forces with an invincible resolution, which, together with their superiority in number, deterred the malecontents from lacing them in the field : but, having artfully passed the Queen's « Camd. :'.*)h. ~" Keith, Append. 99. hfl The must considerahle persona who joined .Mnrrav were, the Duke ofCbatelberault, the Boris of Argyll, Olencairo, Rothes, Lord Boyd and Ochiltree ; the Lairds of Grange, Cunniogham- head, Balcomie, Canny lie, Lawers, liar, Dreghorn, I'ilarrow, Comptroller, and the Tutor of I'iotur. Knox, 382. -' Knox, 380. ' Keith, Append. 164. 316 THE HISTORY B. III. army, they marched with great rapidity to Edin- burgh, and endeavoured to rouse the inhabitants of that city to arms. [Aug. 91.] The Queen did not suffer them to remain long unmolested ; and on her approach they were forced to abandon that place, and retire in confusion towards the western borders 83 . As it was uncertain, for some time, what route they had taken, Mary employed that interval in providing for the security of the counties in the heart of the kingdom. She seized the places of strength which belonged to the rebels ; and obliged the considerable barons in those shires which she most suspected, to join in associations for her de- fence 84 . Having thus left all the country behind her in tranquillity, she, with an army eighteen thousand strong, marched towards Dumfries, where the rebels then were. During their retreat, they had sent letters to the Queen from almost every place where they halted, full of submission, and containing various overtures towards an accommo- dation. But Mary, who determined not to let slip such a favourable opportunitv of crushing the muti- nous spirit of her subjects, rejected them with dis- dain. As she advanced, the malecontents retired; and having received no effectual aid from Eliza- beth 85 , they despaired of any other means of safety, fled into England [Oct. 20], and put themselves under the protection of the Earl of Bedford, warden of the marches. Nothing which Bedford's personal friendship for Murray could supply was wanting to render their 83 Keith, 315. M Ibid. 113. See Append. No. XII. XIII. 1565. OF SCOTLAND. 317 retreat agreeable. But Elizabeth herself treated them with extreme neglect. She had fully gained her end, and, by their means, had excited such discord and jealousies among the Scots as would, in all probability, long distract and weaken Mary's councils. Her business now was to save appear- ances, and to justify herself to the ministers of France and Spain, who accused her of fomenting the troubles in Scotland by her intrigues. The expedient she contrived for her vindication strongly displays her own character, and the wretched con- dition of exiles, who are obliged to depend on a foreign Prince. Murray, and Hamilton, Abbot of Kilwinning, being appointed by the other fugitives to wait on Elizabeth, instead of meeting with that welcome reception which was due to men who, out of confidence in her promises, and in order to for- ward her designs, had hazarded their lives and fortunes, could not even obtain the favour of an audience, until they had meanly consented to ac- knowledge, in the presence of the French and Spa- nish ambassadors, that Elizabeth had given them no encouragement to take arms. No sooner did they make this declaration than she astonished them with this reply: " You have declared the truth; J am far from setting an example of rebellion to my own subjects, by countenancing those who rebel against their lawful Prince. The treason of which you have been guilty is detestable ; and as traitors I banish you from my presence 86 ." Notwithstand- ing this scene of farce and of falsehood, so disho- nourable to all the persons who acted a part in it, Elizabeth permitted the malecontents peaceably to reside in her dominions, supplied them secretly with ^Mclv. 112. VOL. I. F F Gia THE HISTORY B. III. money, and renewed her intercession with the Scot- tish Queen in their favour 87 . The advantage she had gained over them did not satisfy Mary; she resolved to follow the blow, and to prevent a party which she dreaded from ever recovering any footing in the nation. With this view, she called a meeting of parliament; and, in order that a sentence of forfeiture might be legally pronounced against the banished lords, she summoned them, by public proclamation, to appear before it 88 . Dec. 1.] The Duke of Chatelherault, on his hum- ble application, obtained a separate pardon; but not without difficulty, as the King violently opposed it. He was obliged, however, to leave the kingdom, and to reside for some time in France 89 . The numerous forces which Mary brought into the field, the vigour with which she acted, and the length of time she kept them in arms, resemble the efforts of a Prince with revenues much more con- siderable than those which she possessed. But armies were then levied and maintained by Princes at small charge. The vassal followed his superior, and the superior attended the monarch, at his own expense. Six hundred horsemen, however, and three companies of foot, besides her guards, re- ceived regular pay from the Queen. This extra- ordinary charge, together with the disbursements occasioned by her marriage, exhausted a treasury which was far from being rich. In this exigency, many devices were fallen upon for raising money. Fines were levied on the towns of St. Andrew's, Perth, and Dundee, which were suspected of fa- vouring the inalecontents. An unusual tax was ^ Knox, 389. P8 Keith, 320. h ' J Knox, 389. 1565. OF SCOTLAND. 319 imposed on the boroughs throughout the kingdom; and a great sum was demanded of the citizens of Edinburgh, by way of loan. This unprecedented exaction alarmed the citizens. They had recourse to delays, and started difficulties, in order to evade it. These Mary construed to be acts of avowed disobedience, and instantly committed several of them to prison. But this severity did not subdue the undaunted spirit of liberty which prevailed among the inhabitants. The Queen was obliged to mortgage to the city the superiority of the town of Leith, by which she obtained a considerable sum of money' 10 . The thirds of ecclesiastical benefices proved another source whence the Queen derived some supply. About this time we find the Protes- tant clergy complaining more bitterly than ever of their poverty. The army, it is probable, exhausted a great part of that fund which was appropriated for their maintenance 91 . The assemblies of the church were not uncon- cerned spectators of the commotions of this turbu- lent year. In the meeting held the twenty-fourth of June, previous to the Queen's marriage, several of the malecontent nobles were present, and seem to have had great influence on its decisions. The high strain in which the assembly addressed the Queen can be imputed only to those fears and jealousies with regard to religion, which they en- deavoured to infuse into the nation. The assembly complained, with some bitterness, of the stop which had been put to the progress of the Reformation by the Queen's arrival in Scotland; they rerjuircd not only the total suppression of the popish worship throughout the kingdom, but even in the Queen's 00 Knox, :Jh3. 386. 0I flfaitl. Ili^t. of Edinburgh, 27. 320 THE HISTORY OF SCOTLAND. B. III. own chapel ; and, besides the legal establishment of the Protestant religion, they demanded that Mary herself should publicly embrace it. The Queen, after some deliberation, replied, that neither her con- science nor her interest would permit her to take such a step. The former would for ever reproach her for a change which proceeded from no inward conviction ; the latter would surfer by the offence which her apostacy must give to the King of France, and her other allies on the continent 92 . It is remarkable, that the prosperous situation of the Queen's affairs during this year, began to work some change in favour of her religion. The Earls of Lennox, Athol, and Cassils, openly attended mass; she herself afforded the Catholics a more avowed protection than formerly ; and, by her per- mission, some of the ancient monks ventured to preach publicly to the people 93 . 92 Knox, 376. 93 Ibid. 3S9, 390. END OF VOL. I -?>- . SOCIETY C. and C»~\VU#fl7u^r.ii!i, Chiswfi COLUMBIA This book i expiration r -ovido "Y R54 1 ftHT-ittl