-5tWSV-A.. '^' "* «r T .,. ^ ~ uTi. * -Cirirf V-.- ^.. ,- ¦ ^i :c: Hiti ¦ *§t' ;; ^'j\^ t. " *¦ *¦ *¦ « ¦* ~'V:"^'^ •^-. «*¦« * "^^i XCw^X"!*!*! f'i^* Jl>.iv,i. ^^o^'*»*£^^^|Q fe-t::-' ¦" .-i-*;ii».v„ K Tt.'WItU^fif^ p*-' ¦: '»'^;'.;'.: ¦¦¦*¦¦ ¦¦• ¦ ¦-— ^ ¦ "* ^ ^iii| f-t.-y m-l^^ ^^^H - ' ¦«' :¦¦"?¦• '- trl s;-',,W "-»'?.. v--.e«:" .tl"-^/. «¦. . *3 '^*r^R i','?^.'?:-t -1 ^^^5^5^" '¦¦m '.5f:' 'i^! "rsj 1 «'.'- !f*rJ', rttStr tl«,',?,>'. ^¦J^'Vg ¦¦^^1-i.^l^ *- m ^fW^ffl ^^ '^S ^^^^m^ ^^^ &¦ M 0^ l£«l;->/^-'-* .-uus-l Engraved ij-om nji Oi-igmal Krtiii-p ill llic I'ofsefsion ol'tiie SociolT of Anti\t r A' 'C t s, , ''" ''!\ip'''- Ki'^Ml^ 3 NORTH BANK ST R E E T, E D I N B U R C H. 1836. VINDICATION OF ELIZABETH MORE, FROM THE IMPUTATION OF BEING A CONCUBINE; AND HER CHILDREN, FROJI THE TACHE OF BASTARDY: CONFUTING THE CRITICAL OB.SERVATIONS OF THE PUBLISHER OF THE CARTA AUTHENTICA, AND OP SOME OTHER LATE WRITERS. By RICHARD HAY, of Drumboote, C. R. In the body of this Book, and the Appendix subjoined, there are several ancient and valuable Charters, which serve to illustrate the Origin and Descent of ihe most considerable Families in Scott.and. EDINBURGFI : PRINTED BY WILLIAM ADAMS, JUNIOR. SOLD BY THE BOOKSELLERS OF EDINBURGH, GLASGOW, AND ABERDEEN. MDCCXXIIL TO THE RIGHT HONOURABLE SIK HEW DALRYMPLE, OF NORTH BERWICK, BARONET, , LORD PRESIDENT OF THE SESSION, &^. My Lord, Our ancient historians, who were not; fully acquainted with King Robert 1 1 .'s affairs aud concerns, have charged, with a great deal of confidence and boldness, Elizabeth More with having been his concubine ; and her son, John Lord Kyle, one of the best Pi-inces that ever sate on the throne, with having been unlawfully begotten. Mr. Innes and some late writers have used their ut most endeavours to remove, by their pamphlets, those black, heavy, and monstrous calumnies formerly, thrown upon them, but vnthout success : for, in fixing the date and time of the king's marriage with Elizabeth More, as I have set down, all that they allege against Bu chanan and his confederates, neither remoyes those pre judices upon which the world have laid so long stress, nor is of any moment to the purpose. Whereupon Mr. Sage, whom many admire and adore, hath laid down a new scheme, which is inconsistent with the general coun cil of Lateran, held in 1215, and the 65th canon, of a national council of our country, assembled at, Holyrood House in 1227- In which year, Pope Honorius III. dying, Gregory IX. succeeded to the chair of St. Peter. In the one and the other, the private marriage is condemn ed, as null and unlawful ; and the child procreate, con- stante occulta et clandestino matrtmonio, is declared spurious. Upon which ground, Alexander Stuart, Abbot of Scoon and Inchaffray, son to Alexander, Duke of Albany, brother to King James III. and Lady Ka tharine Saintclair, daughter to William, Earl of Orknay and Cathness, Lord High Chancellor, Chamberlain, Admiral and Pannetier of Scotland ; was declared bas tard, in a Parliament held at Edinburgh, the 13th of November 1516, and secluded from the succession and dignities of Duke Alexander, his father ; who had been divorced from Orknay's daughter by John Otterburn, official ^f Lothian, in March 1477> because the Duke and Lady Katharine were in the forbidden degrees, intra gradus a jure prohihitos, and had been joined quietly and privately in marriage, sine trina denun- ciatione, solemniter in ecclesia praemissa, ante con- junctionem ; without any proclamations or solemnities; against the canons and decrees of the church, and the laws, customs, and constitutions of the realm. The palpable mistakes of those late famous writers, have occasioned this book ; wherein I vindicate Robert III. and his mother, from the false and scandalous aspersions they have been loaded with, by such clear evidences and reasons, drawn from authentic papers and original re cords, as, I think, any impartial and judicious man must allow to be sufficient for conviction : and the deceast Sir James Dalrymple of Borthwick, Baronet, who hath ac quired an immortal reputation by his collections, pub lished in 17t>5; from the restless malice, heavy censures, weak and unseasonable attacks of Mr. Sage, without any manner of provocation given him. Your Lordship's noble ancestors and family having received many distinguishing marks of favour from our glorious monarchs ; this work, how mean soever it be in the performance, yet, upon account of the subject and design, will certainly be acceptable to you. For James de Dalrymple, son to Malcolm, who gave over the half of that barony of Dalrymple to Sir John Kennedy of Donnonure, as I have noticed, p. 1 8, was a great favourite to King Robert III., and is witness to a charter of confirmation of the said barony, granted by that Prince to Sir James Kennedy, and Lady Mary Stuart, his daughter, designed sponsae suae, the 27th of January 1405.* He left two sons, Robert de Dalrymple of Camraggan, Laucht, and Dalbane, in the county of Carrick, sherifldom of Ayr ; and James de Dalrymple of Boloun, Pilmure, Unner- boltouii, Pelbuth, and Inglesfield, in the sheriffdom of Edinburgh, and constabulary of Haddingtoun. Which lands he obtained of his Majesty, for his eminent and remarkable services done to the Crown whilst he was ambassador towards Philip Duke of Burgundy in 1449, and during his negotiations elsewhere, as the charter, dated at Edinburgh, 12 die mensis Augusti, anno 1459, et Regni sui 23, proports : Pro suo fideli servitio, nobis impenso et impendendo ; et signanter, pro suis magnis laboribus, et gratuitis servitiis, tarn in partibus tdtra-marinis, quam in Regno * Carta 126, Jacobi II. Fol. R. 77. VI nostra gratissimefactis. Robert de Dalrymple was succeeded in his lands of Camraggan by his son John, upon his own resignation at Stirling, decimo die mensis Atzgusti, anno Regni Jacobi II. 4to. made in his son's favours, and his lady's, named Joneta ; and in his lands of Laucht and Dalbane, by his grandchild John de Dalrymple : As appears by a charter of James III., Num. 71, 1. 8, dated at Edinburgh, 4to. die mensis Julii, anno 1473. As his brother James was in the barony of Boltoun, Pilmure, &c. by his son John; whose only daughter, Mirabella de Dalrymple, spouse to Thomas Saintclair, had a grant of the lands of Gos ford, in the sheriffdom of Edinburgh, constabulary of Haddingtoun, from King James II. the 28th of Ja nuary 1458 : as is clear from the 53d charter, lib. 6, of our records, fol. v. 29. John de Dalrymple of Camraggan, grandchild to Robert de Dalrymple, had a confirmation of those lands granted to him and his lady, Elizabeth de Dalrymple, by King James IV. 1498. His son and successor, Duncan de Dalrymple of Laucht, had a new gift of the said lands of Camraggan from King James V. anno 1529, et regni sui 7- He left, by his Lady Eliza beth Kennedy, Janet de Dalrymple, upon whom he settled the lands of Camraggan ; and William de Dal rymple of Laucht, in whose person the two divided estates were again united and joined into one body under Queen Mary, by her 78th charter, 1. 21. Which charter is conceived in the most obliging terms can be imagined, for evidencing that unfortunate Princess her esteem and regard for a trusty and faithful subject. Vll I'm afraid I should be too prolix and tedious if I should pursue vi'hat marks of honour our Kings have conferred on their successors for a long tract of years : Yet I, cannot but remark, that King Charles 1 1, soon after his happy restauration, named my Lord Viscount of Stair, your noble father, Lord President of the Su preme Civil Judicatory of our nation ; to whom your lordship, heir of his extraordinary abilities and virtues, was nominate immediate successor. Your brother, John Earl of Stair, was constitute one of the principal Secretaries of State ; which office he discharged with the universal approbation of all men. His son, the present Earl, representative of your honourable family, having behaved with the utmost bravery at Stenkirk, and in all the daring actions and amazing victories that our bold and successful troops won in Flanders over the formidable French armies at Ramillies, Oudenarde, Taniiier, and Doway, was advanced to be a lieutenant- general. Lord of the Bed-chamber, one of his Majesty's most Honourable Privy Council, and Knight of the most noble order of St. Andrew, and employed in the most solemn embassies to the most Christian King and the northern crowns. Sir David Dalrymple of Hailes, Baronet, a gentleman of great integrity and of a sound judgment, was promoted to be Lord Advocate by Queen Anne, who had a particular esteem for Sir James Dalrymple of Borthwick, your brother, a person of incomparable parts ; to whom I acknowledge pub- lickly I owe a great deal, for his kind concern in my affairs in the most troublesome and difficult times that are recorded in history. vni May your posterity and theirs, still increasing in favour and virtue, be loaded with all the glorious marks of honour and distinction that can be bestowed by his present Majesty and his illustrious successors upon their most deserving subjects. Those are, and shall be, the earnest and constant wishes of. My Lord, Your Lordship's most humble, most obedient, and most devoted Servant, RICHARD HAY of Drumboote, C. R. CONTENTS. I. Hay's Vindication of Elizabeth More (Queen of Robert II.) and her Children. Edinburgh, 1723.* Original Title and Dedication, i. to viii. Vindication - - - 1 to 132 Appendix of Ancient Charters, &c. - 133 to 159 II. Gordon's Dissertation concerning the Marriage of Robert II. with Elizabeth More. Edin burgh, 1759. t - 161 to 224 III. Waddel's Remarks on Innes' Critical Essay on the Ancient Inhabitants of Scotland. Edin burgh, 1733. - - 225 to 256 Addenda to Waddel's Remarks, 256 IV. Cunningham's Essay upon the Inscription on Macduff's Crosse in Fyfe. Edinburgh, 1678. Title to Original Edition, - 257 Bibliographical Notice, 258 Essay, - - . 259 to 280 V. Memoirs relating to the Restoration of King James I. of Scotland. London, 1716. 281 to 304 VI. Taitt's Roman Account of Britain and Ireland, in Answer to Father Innes, &c. Edinburgh,. 1741. Original Title, - - - 305 The Author to the Reader, - 306 Bibliographical Notice, ib. Roman Account, &c. - 307 to 326 • The dates annexed show the Time the Works in this Collection were first published. t Original ; translated expressly for this Work. CONTENTS. VII. Lord Ruthen's Relation of the Death of David Rizzi. 1699. Bibliographical Notice, Page 327 Relation, &c. 328 to 360 VIII. Johnston's Historie of Scotland during the Minority of King lames VI. translated by Thomas Middleton. London, 1646. Bibliographical and Critical Notices, 362 The Translator to the Reader, 363 The Author to the Reader, 366 Owen's Epigram on Johnston, 369 The Historie of Scotland, &c. - ' 370 to 469 IX. A True Accompt of the Baptism of Prince Henry Frederick, Son of King James VI. Edinburgh, 1594. Bibliographical Notice, with Copy of Pre face to Edition of 1703, 470 Title to the Edition of Edinburgh 1687, 471 The Bookseller to the Reader, 472 A True Accompt, &c. - - 473 to 495 To the Binder. — Portrait of Father Innes to face page 305. VINDICATION ELIZABETH MORE, FEOM THE IMPUTATION OF BEING A CONCUBINE, &c. It is plain, and beyond all controversy, that Robert Steward of Scotland, was lawfully married to Elizabeth More, daughter to Rowallan, after he had purchased a dispensation from Avignon ; yet the several calculations made by Messrs Innes, Gray, Sage, and Hearne, con cerning the precise time at which the marriage was solem nized and consummate, cannot be allowed, otherwise John, Walter, Robert, and Alexander, their children, behoved to have been notorious bastards, and only legitimate virtute supervenientis matrimonii. Which blunders are as injurious to the illustrious race of our kings, as the scandalous accounts we have of his marriage, from the continuators or abbreviators of Fordun, Major, Bremon Domat, Boethius, Lesly, Buchanan, Adam Abel, and other writers, who have followed one another blindly, without great variation, in relating that fabulous story. The rea son is obvious : 2 Robert Duke of Albany, third son to King Robert II. died, according to all our historians, the 3d day of Sep tember 1419, in the the castle of Stirline, having attam- ed the 8 Ist year of his age, (octagenarius et ultra) and so behoved to be born in 1338 ; for, subtracting 81 from 1419, there remains 1338 ; Walter, an elder brother, be hoved to have been born in 133T ; and John Lord Kyle, in 1336, as Alexander, the youngest, in 1339 : and so all four behoved to have been born extra matrimonium, since theire was no regular marriage before 1339 or 1340. This computation, then, cannot be admitted, otherwise they had been debarred from their father's succession and the crown, by our laws and constitutions of Scotland. For, in an old manuscript of our Regiam Majestatem,* transcribed by Thomas Finlayson, the 17th day of AprU, in 1559, chap. 48, it is said. That he that is air is no bastard, and he that is gottin without matrimony, cannot be air. Sir John Skene of Curriehill, Lord Register, who hath followed this manuscript as to the substance, in his Scottish Edition, printed at Edinburgh in 1609, chap. 50. art. 1, hath thus : Ane bastard may succeed to na man, as an lawfull air .• likeas na man., not gottin in lawfull mar riage, may be an lawfull air. And to make us understand distinctly what bairns or children are lawful, he starts this question, chap. 51, Gif ane bairn is gottin and bom betwix ane man and ane woman, befoir lawfull marriage betwix them compleit, gif that bairn is lawfull or not ; it being of veritie, that the father of the bairn thereafter marries, and takes to his law- * This valuable piece of antiquity, belonging to Mr. John Cross, Keeper of tlie Registers, was, in a very friendly and generous manner, communicated by hira to me, with several other curious Charters. 3 full wife the mother of the samyne bairn ? To which it is answered, Art. 2, Albeit the bairn gottin and born, as said is, be the common civil law of the Romans, and the canon and pon tifical law, is lawfull ; nevertheless, conform to the law of the realm, he may no ways be suffered or heard to claim any heritage as lawfull heir. In the old manuscript which I have perused and men tioned, the case proposed hath reference to Maganus and his brother, who pretended to a third part of a knight's fee, as his right; yet being a bastard, born before the matrimony made, was found to have none: the matter being referred to the bishop, (for the decision of the point of bastardy regarded the Spiritual or Ecclesiastical Court), there arose a difficulty, viz. To know, whether or not he that had espoused the mother, the children begottin befoir the matrimony were lawfull airs, or not, fra that matrimony Was afterwards fulfilled ? Answer to that, I say, after Law Canon and the Law of Rome, sic lawfull sonnis and airs nevertheless, after the law of the land and the custom of ye Kinrylc, na way, as air to the heritage, he may succeed. Ail what's above is expressed more lively by Skene, in his Latin Edition of our Regiam Majestatem : For, Lib. 2, cap. 50, art. 1, he tells us plainly, That nullus lastardus est haeres legittimus, nee aliquis qui ex legitti7no matrimonio non est, potest esse haeres. And in his an notations, he adds, Liberi naturales, sive bastardi, non admittuntur ad successionem patris ; sed tamen sunt alendi a legittimis fratribus vel sororibus, secundum mensuram fa- cultatum, et ad arbitrium honi viri. And lib. 2, cap. 31, which hath for title. Qui Filii sunt legittimi ? Art. 1, Circa hoc orta est quaestio, si quis, antequam pater matrem ejus desponsaverit, fuerit genitus et natus. 4 utrum talis Jilius sit haeres legittimus, cum postea pater ille matrem ipsius desponsaverit ? Art. 2, Et quidem licet, secundum canones et leges Roma- nas, talis filius sit haeres legittimus. Art. 3, Tamen secundum jus et consuetudinem regni, nuUomodo in haereditatem, tanquMm haeres, sustineri po test, nee haereditatem peter e. So that notwithstanding a chUd begotten in fornication, is legitimate by the subsequent marriage, and admitted to succeed as lawful heir, by the canon and common law, quiaflii non debent sustinere jacturam, cum parentes eorum publice, et sine contradictione ecclesiae inter se contraxisse noscantur ; yet according to our custom and law, he has no right to his father's inheritance : Tamen secundum jm et consuetudinem regni, nullomodo in hcereditatem, tan- quam haeres, sustineri potest, nee haereditatem petere. This part of our Regiam Majestatem, cited above, gives a true light to the controversy ; for if King Robert had not married Elizabeth More before 1339 or 1340, as Innes, Gray, and Hearne firmly believe, not only his children could not have been preferred to the lawful issue of Queen Euphame in the succession, but they could not have had any just right or title to the crown, or to their father's personal estate, according to the construction of our laws ; lib. 2, cap. 50, art. 1, and lib. 2, cap. 51, art. 2 and 3. Nevertheless, John Earl of Carrick was owned public ly, and acknowledged unanimously, by the three estates convened at Scoon,* the 27th of March 1371, for eldest * Scoon was of old a noble Abbey of canons regular of St. Augustine, brought from St. Oswald of Nostell in England. It was erected by King Alexander I. in 1114, and dedicate to the Holy Trinity and St. Jlichael the Archangel. It stands In Gowrie, on the North-side of Tay, « mile above Perth, and was the place where our kings were accustomed to be crowned. Here was kept the lawful son and undoubted heir to King Robert II. as ap pears by an authentic act kept in the lower house, amongst the king's records, whereof I shall give a full and faithful copy, from the original, in the Appendix, No. I. And acccordingly, in 1390, some few months after his father was summoned to pay his great debt to nature, he was called to succeed, and confirmed King the 14th of August, under the name of Robert III. (the name of John being ominous) in presence of the whole Peers and Barons of the nation, who could not but have understood our ancient and estabUshed laws : Tradito igitur sepulturae corpore gloriosissimi Roberti IL et Regno sub tutela guber- natm-is, Jilii viz. sui secundogeniti, comisso, in sequenti vigilia assumptionis nostrae dominae, die viz. dominica. Anno Domini 1390, Johannes primogenitus Regis defuncti. Comes de Carrick, apud Sconam Regio more Coronatus est, ubi, de consensu trium statuum, vocatus est Rex Robertus Tertius. Codex Hayanus, lib. 33, Capitulo Primo. Now, it is not consistent with reason, that the states should have approven his right to the crown and to the reahn, if his title had not been indisputable ; that aU things should have past with a great deal of peace and tranquillity at his glorious coronation, if any wrong or prejudice had been done to the Earl of Strathern, whose relations were both numerous and powerfiil : And if his mother had been privately married in 1335 or 1336, and only regularly in 1337 or 1338, according to Mr. Sage's wild conjectures, there should not have happened some hot debate concerning the succession, since there would have been a lawful ground for quarrelling the Earl of Fatal Stone, till such time as it was transported to Westminster by Edward Langshanks. The house and church were demolished by the townsmen of Dundee and Perth, or burnt to ashes, in 1559, on Monday the 27th of June. Carrick's claim, as being extra justas nuptias procreatus ex muliere ; which is the common notion we have of a bastard. There being then no suit of law before the spiritual court or the Lord Chief Justice, upon account of his birth, which would have made a prodigious noise, and come to the ears and knowledge of our writers ; John Earl of Carrick being declared eldest son and righteous heir of blood to King Robert, at Scoon, in 1371, by a solemn act and instrument, to which Queen Euphame, and her son, David Earl of Strathern, appends their seals ; and after his father was put in his grave, being installed and set on his royal throne, and crowned without any disorder or disturbance, notwithstanding he was an unactive and weak prince, and that the weight of the government re mained upon his brother, Robert Earl of Fife and Mon- teith : I must be allowed to conclude, against Innes, Gray, Hearne, and Sage, who have attempted to vindi cate Robert III. from the tache of bastardy, that Robert Stuart was legally and canonically joined in marriage with Elizabeth More long before the term they have conde scended on, that is to say, in 1334 ; otherwise he could not have succeeded his father in his honours or fortune, according to the 50th chap, of our authentic laws, art. 1, and 5 Ist chap. art. 3, lib. 2. We have a plain confirmation of this in the royal records of King James II., fol. r. 69, num. 118, lib. 4; George Creichton of Cairns, Earl of Cathness and Ad miral of Scotland, had a natural daughter by his lady, the Countess of Cathness, before they were married together : After their marriage, the natural daughter was neither admitted to succeed to her father and mother as heir in the lands of Barntoun, although they were granted to the lawful heirs whatsomever ; nor was she naturalized vir- tute supervenientis matrimonii, but constantly called j(?/za naturalis, notwithstanding the subsequent marriage, and was only provided to the sum of 300 merks for her por tion and subsistence ; according to what is said before, Jilii naturales non admittuntur ad successionem patris, sed tamen sunt alendi. The charter, proving clearly the constant law and custom of our country, I shall set it down as it is found in the registers. CARTA JACOBI II. REGIS, DE TERRIS DE BARNTOUN, GEORGIO COMITI DE CATHNESS. Jacobus, Dei Gratia, Rex Scotorum; Omnibus probis hominibus totius terrae suae, clericis et laicis, Salutem : Sciatis DOS dedisse, concessisse, et hac praesenti carta nostra confirmasse, dilecto consanguineo nostro Georgio Comiti de Cathness, et dilectae consanguineae nostrae Jonetae Comitissae de Cathness, sponsae suae, omnes et singulas terras de Barntomi, cum pertinentiis, jacent. infra -vicecomitatum nostrum de Edinburgh. Quae qui dem terrae, cum pertinentiis, fuerunt dictorum Georgii et Jonetae hereditarie, et quas terras de Barntoun, dicti Georgius et Joneta, non vi aut metu ducti — in manus nostras, apud civitatem Sancti Andreae, personaliter, per fustem et baculum sursum reddiderunt — . Tenend. et Ha- bend. dictas terras de Barntoun, cum pertinentiis, dictis Georgio et Jonetae sponsae suae, et eorundem alteri diutius viventi, et haeredibus inter ipsos legittime pro- creatis sen procreandis ; quibus forte deficientibus, Jone tae, filiae naturali dictorum Georgii et Jonetae, et haere dibus suis, de nobis, haeredibus et successoribus nostris, in feodo et haereditate in perpetuum, semper et quousque dictus Georgius Comes de Cathness, aut sui assignati 8 Comites de Cathness, persolverit seu persolverint prae- dictae Jonetae filiae suae natural!,, uno die, inter Solis ortum et ejusdem occasum, in Ecclesia parochial! B. iEgidii, burgi nostri de Edinburgh, super summo Altare ejusdem, summam trecentarum mercarum usualis monetae Regni nostri : Ita quod, facta solutione praedictae sum- mae sibi Jonetae, supradictae terrae de Barntoun, cum pertinentiis, ab ipsa Joneta filia naturali dictorum Georgii et Jonetae, praedicto Georgio Comiti de Cathness, et suis assignatis Comitibus de Cathness, integre et Hbere rever- rantur, per omnes rectas metas suas antiquas et divisas — et adeo libere et quiete, sicut dictus Georgius et Joneta, aut aliquis predecessorum suorum, praenominatas terras, cum pertinentiis, de nobis aut predecessoribus nostris, ante-dictam resignationem nobis ind^ factam, liberius tenuerunt seu possiderunt, tenent seu possident. In cu- jus red testimonium, praesenti Cartae nostrae magnum SigiUum nostrum apponi praecepimus ; testibus reveren- do in Christo patre Jacobo Episcopo Sancti Andi-eae, consanguineo nostro carissimo ; WiUielmo domino Creich ton, nostro Cancellario et consanguineo praedUecto ; di- lectis consanguineis nostris, Andrea domino le Gray, magistro hospitii nostri ; Johanne domino le Lyndesay de Byres ; magistro Jacobo Lyndesay, praeposito eccle siae collegiatae de Lyncludan, nostri privati sigilli custo- de ; Alexandre de Nairn, computorum nostrorum Rotu- latore ; et magistro Georgio de Schoriswood, Rectore de Cultre, Clerico nostro. Apud Strivelyne, duodecimo die mensis Januarii, Anno Domini 1452, et Regni nostri, decimo-sexto. It appears, then, from those principles which I have already laid down, that the child procreate and begot before the marriage lawfully accomplished, was excluded by our laws and custom from the succession, and conse quently could not have been admitted to assume the un profitable title of righteous heir : Yet John Lord Kyle, afterwards Earl of Carrick, is constantly found in all grants, under the designation of eldest son and undoubted heir to the Steward, primogenitus et haeres, before his father was called to direct and guide the helm of the state ; and after he had assumed the government, he is named in aU public writings, eldest son and lineal succes sor to King Robert, Earl of Carrick, and Steward of Scotland. Those names justify sufficiently that he was of a lawful issue, and that his mother was regularly mar ried to his father after the dispensation had been brought from Avignon in 1334 ; which year agreeth exactly with the most faithfiil account we can reasonably afford of his age : For King David being allowed to return to Scot land in 1351, to work his delivery from his long restraint and captivity abroad, John Lord Kyle, eldest son and heir to the Steward of Scotland, was appointed to remain pledge, if the treaty had taken effect, till the first payment of the sum proposed for the King's ransom should be gathered and fiiUy discharged ; at which time he behoved to be at least about sixteen years of age : Moreover, we are informed from our histories, that he entered Annan dale at the head of a strong army in 1355, regained the lost places of importance, wrought such wonders by his courage and conduct, that he recovered in a few weeks the whole country from the English, whilst David II. was confined and detained prisoner at Windsor. All which, supposing him at least of twenty-one years of age, is a sensible and convincing argument that his mother was lawfully married in 1334, and that he himself was no bastard : For Buchanan, speaking of that expedition, p. 304, names him simply, Johannes Stuartus, Proregis 10 Filius ; and Bowmaker, Joannes Stuart, Filius Guardiani, Dominus de Kyle, et postea. Comes de Carrick, lib. 31, cap. 13.* Which designations agree exactly with those mentioned in the following charter. CONFIRMATIO OMNIUM TERRARUM ET ECCLESIARUM DE PASSELET, EX CARTUL. PASSELET. P. 210.f Omnibus banc cartam visuris vel audituris, Robertus Senescallus Scotiae, Salutem. Sciatis nos, ob reverentiam domini nostri Jesu Christi, beatissimae Virginis Mariae, beati Jacobi Apostoli, Sancti Miriniac omnium Sanctorum, et pro salute animae nostrae, et anunarum omnium ante- cessorum et successorum nostrorum, ratificasse, appro- basse, et in perpetuum confirmasse, rehgiosis viris Abbati et Conventui Monasterii de Passeleto, ibidem Deo ser- vientibus et in perpetuum servituris ; in inviolabilem, puram et perpetuam elemosinam, omnes donationes, concessiones, confirmationes et infeodationes, quas ante- cessores nostri eisdem rehgiosis viris caritative contule- runt. Et ut voluntatis nostrae lucidius Ulucescat intentio, ac brachii violentia saecularis in persequendo, ac cartas eorundem virorum religiosorum sinistro eventu exponen- do, tempora non distinguendo, desistat et tabescat ; prae- * Notwithstanding that Buchanan, p. 315, calls Wilham Douglas Lord Niths- dale, son to Archibald Lord Galloway, Filius J^otkus; and Fordun's continua- tor, lib. Si, cap. 8, names the same Filius Naturalis; which epithets they would certainly have bestowed on the Lord Kyle, if they had really beheved him to have been a bastard. f The chartulary of Paisley, extant in my library, contains the several deeiis granted to that monastery, from the first foundation to Queen Mary's time. 'Tis a large folio, writ on paper, in glorious charactere. My Lord Dundonald hath a copy thereof In Ito. yet not so full and ample as mine, transcribed a little before the Reformation. II nominatis viris religiosis, in puram et perpetuam elemosi nam, iterando concedimus et damns, viz. totales terras de Aldhouse, de Arclistoun, de Insula Monachorum, inter Kart et Griff, de Fulton, de Drumgrane, de Gramys, de Auchingowan Monachorum; terram inter Aldpatrick et Espadare, sicut Aldpatrick descendit in Kart Loch- wjmnok, et Espadar descendit in terram Monachorum jacentem inter le Blackly n et Kart de Passeleto ; terram de Dalmoulyn, Kirklandholme, et terram de Monkton ; una cum duabus celdris farinae de tenemento de Inglis- toun, dimidiam marcam argenti de Porterfield, juxta Renfrew ; hberum servitium, wardam et relevium de In- gliston, tres marcas annul redditus de Adamtoun ; cum omnimodis libertatibus, commoditatibus, aisiamentis et justis pertinentiis, tam non nominatis quam nominatis, tam sub terra quam supra terram, in omnibus et per omnia ad dictas terras, cum pertinentiis, spectantibus ; et annuos redditus, infra viz. Baronias nostras de Renfrew et de Kyle, cum libertate liberae Baroniae, absque reti- nemento pacifice possidendos. Eosdem etiam viros reli- giosos, ex gratiae nostrae ferventis abundantia, ab omni modis servitiis saecularibus, auxiliis, exercitibus, captio- nibus, impositionibus, sectis curiae, exactionibus, consue- tudinibus ac demandis quibuscunque eximimus, eruimus, liberamus. In cujus rei testimonium, SigiUum nostrum praesentibus est appensum, apud Cluny, vicesimo die mensis Julii, Anno Domini 1361. Testibus Johanne Senescallo, domino de Kyle, primogenito nostro et hae- rede ; Roberto Senescallo, domino de Fyfe, filio nostro dilecto ; Johanne de Ross, Stephano de Ross, WiUielmo de Lyndesay, Johanne de Balcasky, et multis aliis. 12 CARTA ROBERTI COMITIS DE STRATHERN, ET JOHANNIS DOMINI DE KYLE, FACTA MONACHIS DE PASSELET, P. 127, CART. PASSELET. Omnibus hanc cartam visuris vel audituris, Robertus Senescallus Scotiae, Comes de Strathern, et Johannes Se nescallus, primogenitus et haeres ipsius, dominus Baro niae de Kyle, salutem in domino sempiternam. Cum dudum Reginaldus More, pater domini Willielmi More militis, concesserit, et pro se et haeridibus suis firmiter obligaverit, omnes terras suas subscriptas in baronia de Kyle et de Cowell, viz. terras de Sanacar, de Camse- strang, de Doulargis, de Cowdan, de Staflour, et terram de Hormisdale, et quascunque alias terras suas aut pos- sessiones infra dominium nostrum existentes, rehgiosis viris abbati et conventui monasterii de Passeleto, ordinis Cluniacensis, Glasguensis diocesis, fore applicandas, et perpetuis eorum usibus appropriandas ; in casu quo ante primam solutionem sibi faciendam cujusdam annul reddi tus quadraginta marcarum, in quo dicebat idem Reginal dus dictos abbatem et conventum magistro, canonicis et monialibus de Sympringham in Anglia, singulis annis obligat. Si literas quietae clamationis et perpetuae secu- ritatis, a praedictis magistro, canonicis et moniahbus de Sympringhame non procuraret, ac eisdem abbati et con ventui monasterii de Passeleto deportaret et exhiberet; sic quod praedicti abbas et conventus de Passeleto, prae- dictarum literarum praetextu et virture muniti, praedic tis magistro, canonicis et monialibus de Sympringhame, de praedicto annuo redditu, in toto vel in parte, non tenerentur in perpetuum ulterius respondere. Ac super hoc, praedictus Regmaldus, pro se et haeredibus suis, subjecerit dictas terras voluntati, ordinationi, et cognitioni 13 Senescalli Scotiae qui pro tempore fuerit, patroni dicti monasterii de Passeleto, qui libere possit in favorem dic torum religiosorum virorum abbatis et conventus monas terii de Passeleto, et ad requisitionem eorundem, sine aliqua difficultate, ipsis dare saisinam de terris et posses- sionibus supradictis, prout haec et alia, in patentibus Ute ris Reginald! More, sigillo suo, ac sigillo nostro Robert! Senescalli Scotiae supradicti, nee non sigillo officialis curiae Glasguensis, plenius vidimus contineri. Nos vero Robertus Senescallus Scotiae supradictus, et Johannes SenescaUus Primogenitus ipsius, Dominus de Kyle, per abbatem et conventum monasterii de Passeleto, cum in- stantia requisiti, quod cum dictus Reginaldus, et dominus Willielmus filius suns et haeres, praedictum annuum red- ditum per plures annos, a tempore dictae obligationis et promissionis factarum, a dictis rehgiosis viris percepit, ac ipsi, per captionem nummorum et compulsionem ter- rarum suarum aliquando, maxime per dictum dominum Williehnum More coacti et compulsi, ipsum annuum red- ditum persolverunt, nulla litera quittationis aut securitatis promissa, pro parte dicti Reginald!, aut dicti domini Wil lielmi, juxta formam dictae suae obligationis, eisdem abbati et conventui monasterii de Passeleto deportata, exhibita vel ostensa, procederemus ad dandam saisinam eisdem religiosis viris, abbati et conventui monasterii de Passeleto, de terris et possessionibus supradictis, juxta dictarum literarum continentiam atque formam : Volentes ad requisitionem eorundem, et virtute obUgationis prae dictae, et submissionis in nos factae, praedictis abbati et conventui monasterii de Passeleto, super praemissis de remedio debito providere, ipsas terras, viz. de Sanakar et Camsestrang, de Doulargis, de Cowdan et de Staflour, terram de Hormisdale, in manibus nostris; ex unanimi nostro consensu, propter hoc prius saisitas, ad tempus et 14 ex causa ; Deo, beatae Mariae, Sancto Jacobo, Sancto Mirino, et religiosis viris, abbati et conventui monasterii de Passeleto, ibidem Deo servientibus et in perpetuum servituris ; damns, concedimus, et hac praesenti carta nostra confirmamus : Tenend. et Habend. eisdem rehgiosis viris et eorum successoribus, de nobis et haeredibus nos tris, in puram et perpetuam elemosinam, adeo libere, quiete, pacifice et honorifice, per omnes rectas metas suas antiquas ; et divisas in boscis, planis, pratis, pascuis et pasturis, viis, semitis, moris, marresiis, aquis, stagnis, molendinis, multuris, et eorum sequeUs, piscationibus, aucupationibus et venationibus ; et cum omnibus aliis libertatibus, commoditatibus, aysiamentis, et justis perti nentiis ad praedictas terras, et earum quamlibet spectan tibus, seu juste spectare valentibus in futurum, sicut dicti religiosi viri aliquam terram elemosinatam, de nobis vel praedecessoribus nostris liberius possident, sive tenent, tenuerunt vel possiderunt. Et in casu quo dictus WU- lielmus More, vel aliquis haeredum suorum possit docere aut docuerit per aliquas evidentias quas exhibere vel os- tendere poterit, pro parte magistri, canonicorum et mo- nialium de Sympringhame, quod jus et proprietas perci- piendi dictam pensionem quadraginta marcarum annua- tim, in dictum quondam Reginaldum et haeredes suos, vel in dictum dominum Willielmum vel suos haeredes, sint titulo — vel aliis quomodolibet, per dictos magistrum, canonicos et moniales, in perpetuum et omnino, vel ad tempus quod nondum transivit, translata, volumus, et pro nobis et haeredibus nostris in perpetuum concedimus, ac, virtute supradictae submissionis in nos factae, declaramus, et pro declarato haberi volumus, Quod ipsa pensio quad raginta marcarum sit in ipsos, per dictos magistrum, canonicos et moniales, translata, censeatur, et computari debeat et censeri inter alias possessiones ipsorum quon- 15 dam Reginald! et domini Willielmi, et haeredum suorum, nostris ordinationi et disposition! submissas, et ipsis reli giosis abbati et conventui perpetuo applicandas, ut supra : ipsamque pensionem, ipsius submissionis praetextu, eis dem, cum aliis supradictis terris et possessionibus, in per petuum applicamus ; sic quod nee dicto domino Wil- lielmo, vel haeredibus suis, aut ipsis magistro, canonicis et monialibus de Sympringhame, in hoc casu teneantur, aliquibus futuris temporibus aliqualiter respondere. In cujus rei testimonium, praesenti cartae nostrae Sigilla nostra sunt appensa. Hiis testibus, venerabil! patre, domino Roberto Abbate de Kilwynnin ; Domino Hugone de Eglintoun, domino ejusdem ; Domino Alexandre Se nescallo, domino Cruxton ; Domino Johanne de Daniel- ston, domino ejusdem ; Domino Ada de Fowlarton, domino de Corsby, mUitibus; Thoma Symple, domino de Eyliestoun ; Johanne de Maxwell, domino de Pol lock ; Cosmo de Cowran, et multis aliis. CARTA ROBERTI II. ARCHIBALDO DE DOUGLAS, EX AUTOGRAPHO. Robertus, Dei Gratis, Rex Scotorum ; Omnibus pro bis hominibus ad quos praesentes literae pervenerint, Salu tem. Noveritis quod nos, considerantes labores multi- plices quibus Archibaldus de Douglas miles, dilectus consanguineus noster, pro recolendae memoriae domino avunculo et praedecessore nostro, et pro Regni communi- bus negotiis, tam in partibus quam alibi, laudabiliter in- sudavit : Quodque idem Archibaldus, ex nostra et nostri deliberatione concilii, oneratus est, cum aliis suis coUegis, nunc ut alias, pro tractatu habendo cum Rege et Regni Franciae praelatis et nobilibus, super negotiis concilii, 16 viz. jam tractandis. Concedimus eidem Archibaldo, in casu quo Joharmam de Moravia, uxorem suam contigerit, absque haerede de corporibus eorundem procreato super- stite et permanente, ab hac luce migrare, ex nunc et ex tunc, omne jus et clameum nostrae Majestar! Regiae competentia, in quibuscunque terris, redditibus, officiis, wardis, releviis et maritagiis, eschaetis sive forisfacturis, ac aliis quibuscunque quae ad nos vel haeredes nostros pertinent, vel pertinere poterunt, post mortem dictae Johannae sic defunctae ; et ut praesens nostra concessio, in quacunque sui particula, ab aUqua persona in poste- rum non possit revocari in dubium, eandem sic volumus declari, quod nostra extat intentio pro nobis et nostris haeredibus, ac expressa voluntas, quod dictus Archibal dus de Douglas miles, consanguineus noster, et haeredes sui, teneant, habeant et plene possideant de nobis et hae redibus nostris, praenotato casu contingente (quod absit) omnem eschaetam, nos vel haeredes nostros contingen- tem, de omnibus et singulis terris, redditibus et officiis praenotatis, ac etiam reversiones terrarum, reddituum, officiorum concess. ad tempus seu ad infeodationem tal- liatam, vel alias quovismodo. Tenend. et Habend. eidem Archibaldo et haeredibus suis, de nobis et haeredibus nostris, adeo libere, quiete, plenarie, integre et honori fice, sicut antecessores supradictae Johannae, praedictas terras, redditus et officia, Uberius uUo unquam tempore tenuerunt seu possiderunt ; una cum reversione terrarum et officiorum contingentium forsitan, sicut supra. Quo usque haeredes sui, jus sibi vendicantes in eisdem, de nobis et haeredibus nostris, de jure et consuetudine Regni nostri, adepti fiierint legittune de dictis terris, redditibus et officiis, statum haereditarium et saisinam. Quodque idem Archibaldus et haeredes sui similiter teneant et habeant, libere, quiete, et plene possideant in feodo et 17 haereditate, in perpetuum, de nobis et haeredibus nostris, omnes et singulas terras, redditus et officia memorata ; si et quandocunque, ac eo ipso quo ipsae terrae, redditus et officia, forsitan ad nos vel haeredes nostros pervenerint ratione forisfacturae, in toto vel in parte haeredum, seu jus sibi vendicantium in eisdem, de jure et consuetudine Regni nostri. Faciendo inde idem Archibaldus et haere des sui, nobis et haeredibus nostris, servitia debita et con- sueta. Insuper etiam, quod idem Archibaldus, haeredes et assignati sui habeant, teneant et possideant wardas, relevia et maritagia quorumcunque haeredum praefatae Johannae, ut praemittitur, defunctae, (quod absit) et eis dem plene gaudeant, secundum jura et consuetudines Regni nostri, de omnibus et singulis terris, redditibus et officiis, de nobis tentis in capite, per totum Regnum nos trum, si cum et prout contigerit, legittime in ftiturum. In cujus rei testimonium, praesentibus SigiUum nostrum praecepimus apponi, apud Sconam, ultimo die mensis Martii, Anno Domini 1371, et Regni nostri primo. Testibus venerabilibus in Christo patribus, WiUielmo et Waltero, Sancti Andreae et Glasguen. Ecclesiarum, Dei gratia, Episcopis; Johanne primogenito nostro, Comite de Carrick, Senescallo Scotiae ; Roberto Comite de Meneteth, Alexandro SenescaUo, filiis nostris carissimis ; WiUielmo Comite de Douglas ; Johanne de Carrick, Canonico Glasguen. Cancellario nostro; Alexandro de Lyndesay et Roberto de Erskyne, mihtibus, consanguineis nostris. {'No Tague nor Seal.) 18 CARTA ROBERTI II. JOHANNI KENNEDY, DE BARONIA DE DALRYMPILL, FOL. R. 57 OF KING DAVID's BOOK. Robertus, Dei Gratia, Rex Scotorum ; Omnibus pro bis hominibus totius terrae suae, Salutem. Sciatis nos dedisse, concessisse, et hac praesenti Carta nostra confir masse dilecto et fideli nostro Johaimi Kennedy, medie- tatem Baroniae de Dalrympill, cum pertinentiis, infra vicecomitatum nostrum de Are; quae quidem medietas fuit Malcolmi, filii Gilchristi, filii Adae de Dalrympill; et quam idem Malcolmus, non vi aut metu ductus, nee errore lapsus, sed mora et spontanea voluntate sua, nobis sursum reddidit et resignavit. Tenend. et Habend. eidem Johanni et haeredibus suis, de nobis et haeredibus nostris, in feodo et haereditate, per omnes rectas metas et divisas suas ; cum omnibus et singuUs Ubertatibus, commoditati bus, aysiamentis et justis pertinentiis suis quibuscunque, ad dictam medietatem baroniae praedictae spectantibus, seu quoquomodo juste spectare valentibus in faturum; adeo libere et quiete, plenarie, integre et honorifice, in omnibus et per omnia, sicut dictus Malcolmus, vel aliquis antecessorum suorum, dictam medietatem baroniae prae dictae, cum pertinentiis, aliquo tempore Uberius, quietius et honorificentius juste tenuit seu possedit : Faciendo inde servitia debita et consueta. In cujus rei testimonium, praesenti Cartae SigiUum nostrum praecepimus apponi: Testibus, venerabilibus in Christo patribus, WiUielmo, Waltero et Patricio, Sancti Andreae, Glasguen. et Bre- chinen. Ecclesiarum Episcopis ; Johanne primogenito nos tro, Comite de Carrick, Senescallo Scotiae ; Thoma Co mite de Mar; WiUielmo Comite de Douglas, consan guineis nostris; Roberto Comite de Meneteth, dilecto filio nostro ; Archibaldo de Douglas, Alexandro de 19 Lyndesay, Roberto de Erskyne, consanguineis nostris; et Johanne de Carrick, Canonico Glasguensi, Cancellario nostro. Apud Sconam, penultimo die mensis Mali. Anno Regni nostri primo. carta 105, ROTUL. 3. ROBERTI 11. JOHANNI KENNEDY, DE TERRIS DE DALRYMPILL. Robertus, Dei Gratia, Rex Scotorum ; Omnibus pro bis hominibus totius terrae suae, clericis et laicis, Salu tem. Sciatis nos dedisse, concessisse, et hac praesenti Carta nostra confirmasse dilecto et fideli nostro Johanni Kennedy, medietatem Baroniae de DalrympiU, cum per tinentiis, infra vicecomitatum de Are, quae fuit Hugonis, filii RoUandi de DalrympiU ; et quam idem Hugo, non vi aut metu ductus, nee errore lapsus — nobis per fiistem et baculum sursum reddidit, pureque et simpliciter resig navit in perpetuum. Tenend. et Habend. dicto Johanni et haeredibus suis, de nobis et haeredibus nostris, in feodo et haereditate, per omnes rectas metas et divisas suas ; cum omnibus et singulis libertatibus, commod. — adeo libere et quiete — sicut dictus Hugo, vel aliquis antecesso rum suorum, ipsam medietatem baroniae praedictae, cum pertinentiis, de nobis, ante resignationem suam nobis exinde factam, liberius, quietius, plenius et honorificen tius, juste tenuit seu possedit. Faciendo nobis et haere dibus nostris, ipse Johannes et haeredes sui, servitia de praedicta medietate baroniae praedictae, cum pertinentiis, debita et consueta. In cujus rei testimonium, praesenti Cartae nostrae, nostrum praecepimus apponi SigiUum. Testibus, venerabili in Christo patre, WiUielmo Episcopo Sancti Andreae ; Johanne primogenito nostro de Carrick, Senescallo Scotiae ; Roberto de Fyfe et de Meneteth, filio 20 nostro dilecto ; WiUielmo de Douglas et de Mar, Comi tibus; Venerabili viro, magistro Johanne de Peebles, Archidiacano Sancti Andreae, Cancellario nostro ; Jacobo de Lyndesay, nepote nostro, et Alexandro de Lyndesay, militibus. Apud Stryvelyn, tertio die Decembris, Anno Regni nostri septimo. CARTA 4, roberti II. ROTUL. 5. ALEXANDRO SENESCALLI DE STRACHOLVYN. Robertus, Dei Gratia, Rex Scotorum ; Omnibus pro bis hominibus totius terrae suae, Salutem. Sciatis nos dedisse, concessisse, et hac praesenti Carta nostra confir masse dilecto filio nostro, Alexandro SenescaUo mUiti; quod post decessum nostrum habeat totum jus et proprie- tatem, quod et quam habemus in terris de Stracholvyn, cum pertinentiis, infra vicecomitatum de Bamf, nos con- tingens et contingentem, tam causa relevii quam aliter quoquomodo. Tenend. et Habend. dicto Alexandro, et haeredibus suis de corpore suo legittime procreandis, in feodo et haereditate — Cum omnibus et singuUs Ubertati bus, commod. aysiamentis et justis pertinentiis quibus cunque, ad dictum jus et proprietatem spectantibus, seu quoquomodo spectare valentibus in futurum; libere, quiete, plenarie et integre, bene et in pace — In cujus rei testimonium, praesenti Cartae nostrae SigiUum nostrum apponi fecimus. Testibus, venerabihbus in Christo pat ribus, WiUielmo et Patricio, Sancti Andreae et Brechi- nen. Ecclesiarum Episcopis; Johanne primogenito nostro, Comite de Carrick et Senescallo Scotiae ; Thoma Comite de Mar, WiUielmo Comite de Douglas, consanguineis nostris ; Roberto Comite de Meneteth, filio nostro ; Johanne de Carrick, Canonico Glasguen. Cancellario no- 21 stro ; Alexandro de Lyndesay, Roberto de Erskyne, mi litibus, consanguineis nostris. Apud Edinburgh, decimo- septimo die mensis Junii, Anno Regni nostri primo. CONFIRMATIO DONATIONIS WILLIELMI COMITIS DE ROSSE, FACTA PAULO MACTAYRE, DE TERRA DE GERLOCH. EX AUTOGRAPHO. Robertus, Dei Gratia, Rex Scotorum ; Omnibus pro bis hominibus totius terrae suae, Salutem. Sciatis nos Cartam bonae memoriae Willielmi Comitis de Rosse, Do mini de Sky, de mandato nostro visam, lectam et diligenter inspectam, non abolitam, non cancellatam, nee in aliqua sui parte suspectam, intellexisse ad plenum in haec verba : Omnibus hanc Cartam visuris vel audituris ; WUlielmus Comes de Rosse, Dominus de Sky, salutem in Domino. Noveritis nos dedisse, concessisse, et hac praesenti Carta nostra confirmasse dUecto et fideli nostro Paulo Mactayre, pro fideli servitio suo nobis multipliciter impenso, totam terram nostram de Gerloch, cum pertinentiis, infra partes JSrgadiae, in feodo et haereditate. Perpetuo Tenend. et Habend. de nobis et haeredibus nostris, praenominato Paulo Mactayre suisque haeredibus, inter ipsum et dilec- tam nostram Mariam de Grahame, procreatis seu pro creandis : quibus deficientibus (quod absit) praedictam terram de Gerloch ligittimis haeredibus praedicti Pauli volumus permanere ; viz. in moris et marresiis, aquis, stagnis, pratis, pascuis atque venariis, viis, semitis, boscis, planis, venationibus, aucupationibus, piscariis, molendinis et brueriis, ac omnibus aliis commoditat. libertat. et aysi amentis ad dictam terram spectantibus, ex nunc seu quo vismodo alio, sive jure aut titulo spectare valentibus in 22 futurum ; adeo libere, quiete, plenarie, pacifice et hono rifice, bene et in pace, sicut aliqua terra infra dominium nostrum plenius detinetur vel possidetur. Reddendo in de nobis et haeredibus nostris, praefatus Paulus Mac tayre et haeredes sui, ut praemittitur, unum denarium argenti, nomine Albaefirmae, annuatim, pro omni alio onere, exactione seculari seu demanda, ad Festum Pente- costes, si petatur : excepto servitio forensico Dommi nostri Regis, quantum ad dictam terram spectat, cum Regia voluntas supervenerit. Quam quidem donationem nostram, in omnibus suis punctis et articulis, ut praefer- tur, contra omnes homines et faeminas warrantizabimus, acquitabimus, et in perpetuum defendemus. Scriptura sub Sigillo nostro, apud Delgheny, quinto die mensis Aprilis, Anno Domini, 1366. Hiis testibus, venerabiH in Christo patre. Domino Domino Alexandro, Dei Gratia, Episcopo Rossensi ; Hugone de Rosse, fratre nostro ; Henrico Senescallo, Johanne de Carale, Ejrmundo de Wyntona, cum multis aliis. Quam quidem Cartam, in omnibus punctis, conditionibus, articulis et circumstantiis suis quibuscunque, in omnibus et per omnia, forma pa- riter et effectu, ratificamus, approbamus, et pro nobis et haeredibus nostris in perpetuum confirmamus. In cujus rei testimonium, praesenti Cartae confirmationis nostrae, nostrum praecepimus apponi SigiUum. Testibus, vene rabilibus patribus, WiUielmo et Patricio, Sancti Andreae et Brechinen. Dei gratia, Ecclesiarum Episcopis ; primo genito nostro Johanne Comite de Carrick, Senescallo Scotiae; Roberto Comite de Fyfe et de Meneteth, fUio nostro dilecto ; Wilhelmo Comite de Douglas ; Georgio de Dumhar, Comite Marchiae ; Johanne de Carrick, Canonico Glasguen. Cancellario nostro ; Hugone de Eglintone et Roberto de Erskyne, mUitibus. Apud 23 Edinburgh, octavo die mensis Mali, Anno Regni nostri secundo. {No Tagtie twr Seal.) COMPOSITIO ANNUI REDDITUS, FACTA INTER ABBATEM DE PASSELET ET WILLIELMUM MORE, MILITEM, 1373. EX CARTUL. PASSELETENSI, P. 123. Universis ad quorum notitiam praesentes litterae per venerint : Johannes Regis Scotiae primogenitus, Comes de Carrick et Senescallus Scotiae; Willielmus Comes de Douglas, Hugo de Eglintone, Alanus Senescallus, Milites ; Johannes de Carrick, Canonicus Glasguen. Cancellarius Scotiae ; magister Gulielmus de Dalgarnock, Canonicus de Dunkelden ; Adam Forester, Aldermannus de Edin burgh, et Alanus de Lawedre : Salutem in Domino sem piternam. Cum nuper, super questione seu controversia mota inter dominum Willielmum More, militem, nomine, et ex parte magistri et monialium domus de Sympring hame, ex parte una; et religiosos viros abbatem et con ventum monasterii de Passelet, ordinis Cluniacensis, ex altera, super petitione annuae pensionis quadraginta mar carum Sterlingorum, praefato domino WUlielmo More, nomine ; quo supra debitae, ut asserunt, per praefatos abbatem et conventum de Passeleto ; post nonnuUas lites, controversias et altercationes, tam in Romana curia quam in his partibus, bine inde agitatas et habitas, compromis- sum fiiisset finaUter in nos, tanquam in compositores amicabiles per partes praedictas. Nos, attentis et con- sideratis laboribus, expensis et damnis, quas et quae hac- tenus utraque praedictarum partium fecit et sustinuit, oc- casione litis sive controversiae praedictae ; et quas et quae ipsarum quamlibet oportebit sustinere et facere, si lis super 24 hoc continuata fuerit ulterius inter partes ; onus compro- missi hujusmodi in nos, ad instantiam earundem partium, assumentes, recepta ab utraque parte prius juratoria cau- tione, quod earum quaelibet stabit ordinationi, definitioni, et determinationi nostrae in hac parte, quodque ipsas ordinationem, definitionem et determinationem, ratas et firmas habebit perpetuo. Visis, lectis et diUgenter exami- natis litteris, evidentiis et instrumentis, per utramque partem coram nobis exhibitis et productis ; ac auditis ra- tionibus hinc inde, tam verbo quam scripto propositis: Deindeque, inter nos soUicito et dihgenti tractatu, sive dehberatione praehabita, in ipso compromissi negotio, juxta formam nobis traditam procedentes; ordinavimus, definivimus et pronunciavimus, Quod lis sive contro versia praedicta, omnino quiescat, ac sopita sit et extincta penitus, sub modis, forma et conditionibus infrascriptis. Et primo. Quod terrae de Sanchare, infra vicecomitatum de Are, quae fuerunt dicti domini WiUielmi More, ad manus nostras saisitae, et ad proprios usus dictorum reh- giosorum applicatae, praetextu et virtute cujusdam obhga- torii, Sigillo quondam Reginald! More, patris ejusdem domini Willielmi More, sigillati, et coram nobis, inter alia, ibidem exhibit!, ac postmodum nobis Johanni Comiti de Carrick praedicto, de consensu domini patris nostri. Regis Scotiae, tunc SenescaU! Scotiae, donatae et coiices- sae, per Cartam eorundem religiosorum virorum, et in manu nostra per dies et annos existentes, reddantur et restitu- antur praedicto domino Williehno More. Tenendas, Ha- bendas, et Possidendos sibi et haeredibus suis, adeo hbere, sicut ante applicationem, donationem et concessionem de ipsis sibi factas, ipsas terras liberius juste tenuit seu pos sedit ; quodque per nos comitem praedictum, et authori- tate nostra, in possessionem seu saisinam earundem mit- tatur, ac mitt! debeat, sicut prius. Item, Quod dictus 25 dominus Willielmus More, ante primam solutionem sibi faciendam de summa pecuniae subscripta, omnes litteras, cartas et evidentias, ac instrumenta tam publica quam privata, per quas et quae ipsam annuam pensionem qua draginta marcarum, nomine quo supra, petiit, seu petere aut habere nitebatur, seu debuit, sursum reddat ; ac ipsis et eorum singulis, ac omni juri sibi et haeredibus suis, aut dictis magistro et monialibus, in ipsa annua pensione quadraginta marcarum competent! seu debita, seu quod sibi aut eis competere potest aut poterit in futurum, eidem abbati et conventui de Passeleto omnino renunciet pro se et haeredibus suis, ac pro magistro et monialibus supradictis. Item, Ordinatum fuit et definitum, ac pronunciatum per nos compositores amicabiles praedictos. Quod praefatus Dominus Willielmus More, ad reddendum praefatos re- Ugiosos viros perpetuo indeihnes, a petitione magistri et monialium domus de Sympringhame, quo ad annuam pensionem praedictam, ipsos religiosos abbatem et con ventum de Passelet habere faciet omnes litteras, evidentias et instrumenta, quae in hac parte necessaria fuerint ad enervationem et annuUationem juris, et petitionis praedic- torum magistri et monialium in hac parte. Item, Ordi natum fiiit et definitum, ac pronunciatum per nos compo sitores amicabiles praedictos. Quod praefati religiosi, abbas et conventus de Passelet, ad redimendum labores et vexationes ipsorum, et etiam jus quod asseruit dominus Willielmus More se habuisse ad dictam annuam pensi onem quadraginta marcarum praedictarum, solvant eidem domino WiUielmo More, haeredibus vel assignatis suis, apud monasterium de Passelet, trecentas marcas Sterlin gorum, ad terminos infra-scriptos ; vix. Centum marcas Sterlingorum, ad Festum Pentecostes proximo futurum ; centum marcas Sterlingorum, ad Festum Sancti Martini immediate sequens ; et centum marcas Sterlingorum, ad 26 Festum Pentecostes Anno Domini 1374. Item, Ordina tum fuit, et definitum ac pronunciatum. Quod si aUquae litterae, instrumenta vel cartae, aut aUquae aliae eviden- tiae quaecunque, penes aliquam partium praedictarum, aut penes magistrum et moniales supra-dictos, aut alios quoscunque, repertae seu reperta fuerint, de caetero con- tinentes, seu continentia praefatam annuam pensionem quadraginta marcarum, apud aliquam partium praedicta rum; ipsae litterae, cartae, instrumenta seu evidentiae, sint perpetuo cassae, nuUae et irritae, cassa, nuUa et irrita, nuUamque obtineant perpetuo roboris firmitatem. Et in praemissorum omnium testimonium, et ad perpe tuam memoriam futurorum ; nos praefati compositores amicabiles, praesenti scripto sive instrumento, nostra fe cimus apponi sigUla. Et rdhilominus praefati abbas et conventus, ac praefatus dominus WUliehnus More, in signum et testimonium utriusque partis consensus, sigUla sua apposuerunt etiam juxta nostra. Acta fuerunt haec in ecclesia sancti Aegidii de Edinburgh, in CapeUa Sanctae Katharinae Virginis, vicesimo-quarto mensis Aprilis, Anno Domini 1373. CARTA 2, ROTUL. 7. ROBERTI II. WILLIELMO DE DOUGLAS. DE 40 LIBRIS STERLINGORUM. Robertus, Dei Gratia, Rex Scotorum ; Omnibus pro bis hominibus totius terrae suae, clericis et laicis, Salutem. Sciatis nos dedisse, concessisse, et hac praesenti Cai'ta nostra confirmasse dUecto consanguineo nostro * WUUel- • William Douglas, mentioned in this Charter, was eldest lawful son to Archi bald Lord Galloway. He espoused Giles Stuart, daughter to Robert IL, and by that means became Lord Nithsdale. He left one only daughter, Giles, called the Fair Maii nf Nllisdak, who conveyed that lordship to her husband, Henry 27 mo de Douglas, militi, fiUo domini Archibald! de Doug las, mihtis, Domini Galwidiae, consanguine! nostri, pro suo servitio nobis impenso et impendendo, quadraginta libras Sterlingorum annuatim percipiend. per manus Camerari! nostri qui pro tempore fuerit, de magna Cus- tuma nostra Burgorum nostrorum Scotiae, ex austral! parte aquae de Forth, ad duos aim! terminos, videlicet, Pentecostes et Sancti Martini in hyeme, per aequales portiones, apud Edinburgh. -Tenend. et Habend. eidem WiUielmo et haeredibus suis, de nobis et haeredibus nostris, in feodo et haereditate, quousque nos aut haere des nostri, sibi vel haeredibus suis praedictis, de uberior! remuneratione fecerimus, vel fecerint provider!. In cujus rei testimonium, praesenti Cartae nostrae, nostrum praece pimus apponi SigiUum. Testibus, venerabilibus in Christo patribus, WiUielmo, et Johanne Cancellario nostro, Sancti Andreae et Dunkelden. Ecclesiarum Episcopis ; Johanne primogenito nostro, de Carrick, Senescallo Sco tiae ; Roberto de Fyfe et de Meneteth, filio nostro dilecto ; Wilhelmo de Douglas, consanguineo nostro, comitibus ; Archibaldo de Douglas et Roberto de Erskyne, consan guineis nostris, mUitibus. Apud Glasguen. tempore con- ciU! nostri tent! ibidem, vicesimo-primo die Septembris. Anno Regni nostri quarto. Salntclaur of Roslin, Earl of Orkney ; whose son, William Earl of Orkney, gave over his office of warden of the Wester Marches, with that lordship, and the office of chamberlain and sheriff of Dmnfiies, to Jamea H., for the earldom of Cathness, 1455. 28 carta 73, ROTUL. 4, roberti II. JACOBO DE DOUGLAS DE DALKETH, DE BARONIIS DE KINCAWYLL, CALDERE- CUER, &C. Robertus, Dei Gratia, Rex Scotorum ; Omnibus pro bis hominibus totius terrae suae, clericis et laicis, Salutem. Sciatis nos dedisse, concessisse, et hac praesenti Carta nostra confirmasse Jacobo de Douglas de Dalkeith, mUiti, consanguineo nostro dilecto, totam Baroniam de Kin- cawyll et Calderecuere, in Constabularia de Lynlithgow, infra Vicecomitatum de Edinburgh ; totam Baroniam de Preston, infra Vicecomitatum, de Dumfreis ; totam Baro niam de Kylbochok et de Newlandys, et totam Baroniam de Kylmourocheryk, infra Vicecomitatum de Peebles. Quae quidem baroniae, cum pertinentiis, prius fiierunt dicti Jacobi ; et quas baronias, cum pertinentiis, idem Jacobus, non vi aut metu ductus, nee errore lapsus, sed mera et spontanea voluntate sua, nobis per fustem et baculum sursum reddidit, pureque et simpliciter resignavit ; ac to tum jus et clameum quae in dictis baronus, cum pertinen- tus, habuit seu habere potuit, pro se et haeredibus suis, omnino quietum clamavit in perpetuum. Tenend, et Habend. eidem Jacobo, et Jacobo de Douglas filio suo, ex sua uxore legittima, Agnete, viz. de Dumbar, sorore Comitis Marchiae, suscepto, et haeredibus ipsius Jacobi filii masculis, de corpore suo legittime procreandis, in feodo et haereditate ; per omnes rectas metas et divisas suas, in liberas baronias, in boscis et planis, moris, mar resiis, pratis, pascuis et pasturis, viis, semitis — nativis, et eorum sequelis; cum tenandiis, servitiis libere tenentium; cum curiis, curiarum exitibus et eschaetis ; cum furca et fossa — et cum omnibus aliis et singulis libertat. commod. et aysiamentis, et justis pertinentiis quibuscunque, ad die- 29 tas baronias spectantibus, seu quoquomodo juste spectare valentibus in futurum ; adeo libere et quiete, plene, inte gre et honorifice, in omnibus et per omnia, sicut dictus Jacobus de Douglas de Dalketh, pater, dictas baronias, cum pertinentiis, ante resignationem hujusmodi nobis factam, liberius, quietius, juste tenuit seu possedit. Et si contingat quod dictus Jacobus de Douglas filius, absque haerede masculo, de corpore suo legittime procreando, ab hac luce migrare contingat ; donamus, concedimus, et hac praesenti Carta nostra confirmamus eidem Jacobo Patri easdem baronias, cum omnibus pertinentus supra dictis. Tenend. et Habend. sibi et haeredibus suis mascu lis, ex eadem uxore sua vel alia quacunque legittime pro creandis ; quibus haeredibus masculis, sic procreandis, deficientibus, WiUielmo de Douglas, militi, fratri ipsius Jacobi de Douglas, patris, et haeredibus suis masculis^ de corpore suo legittime procreatis seu procreandis ; et ipsis deficientibus, Henrico de Douglas, militi, fratri ipsorum Jacobi et WiUielmi, et haeredibus suis masculis, de corpore suo legittime procreatis seu procreandis ; et ipsis haeredibus masculis praefati Henrici deficientibus, Thomae de Douglas, fratri eorundem Jacobi patris, Wil helm! et Henrici, et haeredibus ipsius masculis, de cor pore suo legittime procreandis : Quibus omnibus defi cientibus, haeredibus veris et legittimis praefati Jacobi de Douglas de Dalketh, patris, quibuslibet, de nobis et haeredibus nostris, in feodo et haereditate, adeo libere, in omnibus et per omnia, sicut de personis dictorum Jacobi de Douglas, patris, et Jacobi filii sui, superius est expres- sum. Faciendo nobis et haeredibus nostris, praefatus Jacobus, et singuli haeredum suorum et aliorum praedic- torum, servitia de dictis baroniis, cum pertinentiis, debi ta et consueta. In cujus rei testimonium, praesenti Cartae nostrae, nostrum praecepimus apponi SigiUum. 30 Testibus, venerabili in Christo patre, WiUielmo Episco po Sancti Andreae ; Johanne primogenito nostro, Comite de Carrick, SenescaUo Scotiae; Roberto Comite de Fyfe et de Meneteth, filio nostro dUecto; WUlielmo Comite de Douglas ; Johanne de Carrick, Cancellario nostro ; Jacobo de Lyndesay, nepote nostro ; Archibaldo de Douglas, Hugone de Eglinton et Roberto de Erskyne, militibus. Apud Perth, secundo die mensis Januarii. Anno Regni nostri quarto. CARTA ROBERTI II. JOHANNI BETON,* DE TERRIS DE BALFOURE. EX AUTOGRAPHO. Robertus, Dei Gratia, Rex Scotorum ; Omnibus pro bis hominibus totius regni sui, clericis et laicis, Salutem. Sciatis nos approbasse, ratificasse et confirmasse donatio nem et concessionem illas, quas dilectus et fideUs noster Duncanus Comes de Fyfe, dedit et concessit Johanni Beton, de totis et integris terris de Balfoure, et de New ton, et de Catile, in Vicecomitatu de Fyfe jacentibus. Tenend. et Habend. totas et integras terras praedictas, cum pertinentiis, praedicto Johanni, haeredibus suis, et suis assignatis, de Comite de Fyfe, in feodo et haeredi tate, in perpetuum, per omnes rectas metas suas antiquas et divisas ; cum omnibus et singuUs commod. libertat et aysiamentis, ac justis pertinentiis quibuscunque, ad prae dictas terras, cum pertinentiis, spectantibus, seu juste spectare valentibus quomodolibet in futurum ; adeo libere et quiete, plenarie, integre et honorifice, bene et in pace ; in omnibus et per omnia, sicut in Cartis dicti Duncani, dicto Johanni Beton, inde confectis, plenius continetur. * Tills family of Beton hath given us several chancellors and archbishops at home, and ambassadors abroad. Wiereof more elsewhere. 31 Salvo nobis et haeredibus nostris, servitio inde debito et consueto. In cujus rei testimonium, praesenti Cartae nos trae SigiUum nostrum apponi fecimus. Testibus, vene rabili in Christo patre, WilUelmo Episcopo Sancti An dreae; Johanne Comite de Carrick, Senescallo Scotiae, primogenito nostro ; Roberto Comite de Fyfe et de Mene teth, filio nostro ; WiUielmo Comite de Douglas, con sanguineo nostro dilecto ; Johanne de Pebles, Archidia cano Sancti Andreae, Cancellario nostro, et Roberto de Erskyne, militibus ; Johanne de Quhitness, Praeposito de Edinburgh. Apud Edinburgh, decimo-octavo die mensis Man. Anno Regni nostri septimo. {The Tague, Parchment. No Seal.) INSTRUMENTUM DE VISITATIONE MONASTERII DE PASSE LET. PER WALTERUM EPISCOPUM GLASGUEN. P. 192. CARTUL. PASSELET. In Dei nomine. Amen. Per hoc praesens publicum Instrumentum cunctis appareat evidenter, Quod Anno Gratiae 1384, indictione septima, mensis Junii die secun do ; Pontificatus S. S. in Christo Patris et Domini nostri, Domini dementis Papae VII. anno sexto : Coram Ex- eeUentissimo Principe Domino Roberto, Rege Scotorum Ulustri, ejusque Primogenito, Johanne Comite de Carrick, et Roberto Comite de Fyfe, militibus : Reverendus in Christo Pater Walterus, Dei Gratia, Episcopus Glas guensis, ex parte una; et venerabilis pater, dominus Johannes de Lithgw. Abbas Monasterii de Passeleto,* * Paisley was a famous abbey of Benedictines, or Black Monks, of the congre gation of Cluny in France, brought from Wenlock in England. It was founded by Walter, son of Allan, DajJifer Regis Scotiae, in 1 1 64, near the Water of Kart, in the barony of Renfrew, about two miles from that city, which givetli 32 ordinis Cluniacensis, Glasguen. Diocesis, ex altera, per sonaliter constituti. Idem dominus Episcopus asseruit se, de jure communi, jurisdictionem ordinariam habere in abbatem et conventum dicti monasteru de Passele to ; et consequens, quemlibet canonice electum ejusdem. ab ipso et successoribus suis qui pro tempore fuerint, debere confirmari et benedici, et non alibi, ipsorum licen- tia super hoc non petita et obtenta ; in cujus jurisdictio- nis possessione sui praedecessores notorie fuerunt, ut dicebat. Praefatus vero abbas, contrarium asserens, dixit, se, conventum suum, et^ monasterium praedictum, ab omni jurisdictione ordinaria fuisse et esse exemptum, per certa privilegia, dicto monasterio et ordini Cluniacensi specialiter concessa et indulta, ac in ipsius Ubertatis pos sessione semper existere, a tempore hominum quorum memoria non existit, sine interruptione cujuscunque. Et super hujusmodi quaestione sen controversia, inter ipsos Episcopum et Abbatem sic diu ventUata ; pro bono utriusque partis, ipsis Rege et Comitibus in hac parte diligenter tractantibus, ac considerato, quod dictus do minus Episcopus, in arduis Regis et Regni negotiis, ad partes remotas tunc erat in legatione ordinatus, de ipso- name to that little shire, and six miles from Glasgow. The febric of this monas tery was both large and spacious. The church is a stately and fair building ; the one and the other, with the fruitful orchards and pleasant gardens, were inclosed with one of the most magnificent walls in Britain, by George Schaw, of the family of Sauchy, abbot of that place, in 1484. There was an abridgement of our chronicles kept here, called the Black Book of Paisley : 'Tis now in the royal library of St. James', bound in a red cover. This marvellous piece of antiquity is frequently cited by Buchanan. It belonged to Sir William Sinclair of Roshn, Lord Justice General : It was in Bishop Spotiswood's custody whilst he compiled his Church History. During our late troubles, it fell into General Fairfax's bands, by whom It was carried into England. There is a defaced copy thereof in Bennet's College at Cambridge, written by John Gibson, Canon of Glasgow, An. 1500, whom Mr. Baker, by mistake, takes to have been Ca?ion. Aurelianensis, tor Canon. Glasguensis. 33 rum Episcopi et Abbatis consensu, in forma quae sequi- tur extitit concordatum, viz. Quod dicta quaestio sive causa, in statu quo tunc erat integre remaneret, usque ad reditum de remotis domini episcopi praedicti ; ita quod interim nulla dictarum partium in praejudicium juris alte- rius aUquid impetraret seu attemptaret in Romana curia, vel alibi ubicunque, Et in casu quo medio tempore ali- quid fuerit impetratum pro dictis" abbate et conventu, illud non cederet in derogationem juris aut causae inter eosdem, ut praemittitur, motae. Et ista firmiter et in- violabiliter observare, tam dictus dominus episcopus, quam dominus abbas praefatus, manu levata et fide prae- stita, fideliter promisit ; et super praemissis petierunt dictae partes, et earum quaelibet, per me notarium sub- scriptum, sibi confici publicum instrumentum, seu publi ca instrumenta, consimUis substantiae, tenoris atque for- mae. Acta sunt haec apud ecclesiam parochialem de Dumbarton, anno, indictione, die, mense et pontificatu praedictis. Praesentibus venerabilibus viris et discretis dominis, magistris Symone de Ketnes Decano, et Willi ehno Adysym, Canonico Ecclesiae Aberdonensis ; Johanne de Glasgw, Cancellario Ecclesiae Dunkelden. Nicholao de Irwyne et Johanne Wischard, Canonicis Ecclesiae Glasguen. ac Thoma de Barry, notario publico ; cum multis ahis testibus, ad praemissa vocatis, et specialiter rogatis. Et ego David de Stryvelyn, Clericus Sancti Andreae Diocesis, publicus, Apostolica et Imperiali authoritate, Notarius, praemissis omnibus et singulis, dum fierent et agerentur ut suprascribuntur, unae cum praenominatis testibus, praefato die et loco praesens fui ; eaque omnia et singula sic fieri vidi et audivi, et in hanc publicam formam redcgi, et signo c meo consueto signavi, per praedictos Episcopum et Abbatem rogatus et requisitus, in testimonium praedictarum. CONFIRMATIO ROBERTI II. REGIS, BARONIAE DE HARBER- SCHIRE, FACTA WILLIELMO DE DOUGLAS. EX AUTO GRAPHO. Robertus, Dei Gratia, Rex Scotorum; Omnibus pro bis hominibus totius terrae suae, clericis et laicis, Salutem. Sciatis nos approbasse, ratificasse, et hac praesenti Carta nostra confirmasse donationem illam et concessionem, quas fecit et concessit consanguineus noster Archibaldus de Douglas, Dominus Galwidiae, WUhelmo de Douglas mi liti, filio suo, de Baronia de Harbarschire, cum pertinen tiis, infra vicecomitatum de Strivelyne. Tenend. et Ha bend. praedicto WilUelmo, et ^gidiae sponsae suae, filiae nostrae carissimae, eorumque alteri diutius viventi, et haeredibus inter ipsos legittime procreatis seu procreandis, in feodo et haereditate, per omnes rectas metas et divisas suas ; cum omnibus et singulis hbertat. commod. aysia mentis et justis pertinentiis quibuscunque, ad dictam baroniam cum pertinentiis spectantibus, seu quoquomodo spectare valentibus in futurum ; adeo Ubere et quiete, plenarie, integre et honorifice, m omnibus- et per omnia, sicut Carta dicti consanguinei nostri, eis inde confecta, in se juste continet et proportat ; salvo servitio nostro. In cujus rei testimonium, praesenti Cartae confirmationis nostrum praecepimus apponi SigiUum. Testibus, venera bilibus in Christo patribus, Waltero, et Johanne Cancel lario nostro, Sancti Andreae et Dmikelden. Ecclesiarum Episcopis ; Johanne primogenito nostro, de Carrick, Se nescallo Scotiae ; Roberto de Fyfe et de- Meneteth, filio 35 nostro dilecto, comitibus ; Archibaldo de Douglas et Thoma de Erskyne, consanguineis nostris, mUitibus. Apud Castrum nostrum de Rothesay, decimo-sexto die Mali, Anno Regni nostri decimo-nono. {The broad seal qfvihite wax appended, on a tague of parchment.'} There is no rational man, of any ordinary reach or understanding, who will read with attention the King's declaration in the Appendix, No. 1, and the preceding charters, transcribed either from the originals or our public records, but wiU easily perceive that John Stuart behoved to be lawfiil son to King Robert. His desig nation of Primogenitus et Haeres, his authority and cre dit, in settling a perpetual peace and friendship betwixt Paisley and Sir William More, and betwixt John Lith- gow, abbot of that monastery, and Walter Wardlaw, Bishop of Glasgow, afterwards cardinal and legate for the Pope, who were at variance ; the hereditary office of steward, bestowed on him at his father's accession to the throne, preferably to the other children ; the privUege of precedency, and of subscribing aU public writings before our Peers without being quarrelled, notwithstanding he was only advanced to the dignity of an Earl about the latter end of- King David's reign, and so should have been ranked after them in the records, and in the rear in the rolls ; his father's manifesto made at Scoon in his favours, the 27th of March 1371,* whilst the whole na- * The terms of the manifesto are : " Serenissimus Princeps Dominus Rober tus, Dei Gratia, Rex Scotorum illustris ; apud Sconam tempore suae coronationis existens. — Post sacra unctionis et coronationis suae peracta Solemnia. — Volens, more et exemplo Celebris memoriae Avi sui, coram clero et populo successorem et verum haeredem suum declarare Ibidem, licet de ipso clare constltit atque constet ; ex abundanti et unanimi consensu et assensu dictorum praelatorum, comitum, procerum et magnatum, indicavit, asseruit et recognovit, declaravit et voluit, 36 tion was gathered in one body, without any opposition from WiUiam Earl of Douglas, who is said to have laid claim to the crown at Linlithgow, after King David's decease, as descended of the BaUiols and Cumins ; — are, in my judgment, so soUd proofs, and so clear demonstra tions for supporting what I have averred, that there can be no tolerable objection started or aUeged against his being eldest lawfid son and heir to King Robert, and consequently against his mother's lawful marriage in 1334. In which year Pope John XXII., who granted the dispensation, peaceably departed this hfe, and was succeeded by Bennet XII. I have also noticed, that Robert II. out of his royal care and tender affection, was pleased to provide plentifully for his bastards, begotten upon Marion Cardnay, his concu bine, after he was King. His dispositions, nevertheless, were Ulegal and irregular ; for although the law allows every freeholder or convoyer to dispose of a part of his fortune, or of his civil rights, in favours of any person he fancies ; lib. 2, cap. 18, art. 7, Licet autem generaliter cui- libet liceat de terra sua rationabilem partem, pro voluntate sua, cuicunque voluerit in vita sua donate : Yet the bastard is expressly excepted by the 19 cap. art. 5, in case there be an heir; Sed nunquam filio bastardo potest quis, filium et haeredem habens, de sua haereditate donare. The grants then made by the King behoved necessarUy to be ratified by the undoubted heir, for se curing the children unlawfuUy born, in what lands were transferred to them, and removing those fears the parties Quod cum Ipsum contigerit, pro dispositione divina, ab hac luce migrare, Dominus Johannes, filius suus primogenitus. Comes de Carrick, et Senescallus Scotiae, erit et esse debet verus et legittimus haeres suus; ac sibi, post mortem suam, io Regno Scotiae, Domino disponente, succedat, et succedere debet, et post cum sede- bit, et scdere debebit, super Solium Regni sui. 37 concerned had conceived, that they should be denuded and deprived of their estates after their father's death. John Earl of Carrick being then earnestly required as heir, to confirm, by a separate patent, their charters and infefbnents for that purpose, and naming himself in the record, eldest son to King Robert, which is equivalent to eldest lawful son, whilst he calls the chUdren of Marion Cardnay, in opposition to himself and his brethren, natu ral sons. It follows from thence, that his mother was lawful wife, and that he himself was legal heir to the King; both assertions being evident from the preceding and foUowing documents. carta 114, ROTUL. 4, ROBERTI II. ALEXANDRO SENES CALLI, DE TERRIS DE INVERLOUNAN. Robertus, Dei Gratia, Rex Scotorum ; Omnibus pro bis hominibus — Salutem. Sciatis nos dedisse, concessisse, et hac praesenti Carta nostra confirmasse, carissimo filio nostro Alexandro Senescalli, de Mariota de Cardny pro creato, omnes et singulas terras de Innerlounan, cum pertinentiis, infra vicecomitatum de Forfar, quae fuerunt Richardi de Monte Alto, Capellani ; et quae idem Rich- ardus, non vi aut metu ductus, nee errore lapsus, sed mera et spontanea voluntate sua, nobis per fustem et baculum sursum reddidit, pureque et simpliciter resignavit, ac totum jus et clameum, quae in dictis terris, cum pertinentiis, habuit vel habere potuit, pro se et haeredibus suis omnino quietum clamavit in perpetuum. Tenend. et Habend. dicto Alexandro et haeredibus suis, de corpore suo legit time procreandis ; quibus forte deficientibus, Johanni SenescaUi, fiUo nostro, fratri dicti Alexandri uterino ; et ipsis deficientibus, Jacobo filio nostro, ex eadem Mariota 38 pnocreato, et haeredibus de corpore suo legittime exeun- tibus; quibus omnibus deficientibus, veris et legittimis haeredibus nostris, in feodo et haereditate ; per omnes rectas metas et divisas suas, in unam integram et liberam Baroniam ; in boscis et planis, moris, marresiis, viis, semi tis, aquis, stagnis, molendinis, multuris et eorum sequeUs, pratis, pascuis et pasturis, aucupationibus, venationibus et piscariis, bondis, bandagiis, natis et eorum sequehs; cum tenandis, et servitiis libere tenentium ; cum furca et fossa, socka et socko, thol et theame, et infangand thief; ac cum omnibus et singulis commod. libertat. et aysiamen tis, ac justis pertinentiis quibuscunque, ad dictam Baro niam, cum pertinentiis, spectantibus, seu juste spectare valentibus quomodolibet in futurum ; adeo libere et quiete, plenarie, integre et honorifice, in omnibus et per omnia, sicut dictus Richardus vel antecessores sui, dictam Baro niam, cum pertinentiis, de nobis, ante resignationem suam exinde factam, liberius, quietius, plenius, integrius et ho norificentius, tenuit seu possedit, aut tenuerunt seu posse- derunt. Faciendo inde servitia debita et consueta. In cujus rei testimonium — Testibus, venerabUi in Christo patre, WiUielmo Episcopo Sancti Andreae ; Johanne pri mogenito nostro, Comite de Carrick, SenescaUo Scotiae ; Roberto de Fyfe et de Meneteth, filio nostro dUecto; WUlielmo de Douglas et de Mar, consanguineo nostro, (/omi tibus; venerabili viro, magistro Johanne de Peeblys, Archidiacano Sancti Andreae, CanceUario nostro ; Jacobo de Lyndesay, nepote nostro carissimo, et Alexandro de Lyndesay, consanguineo nostro, militibus. Apud Dundee, quarto die Januarii, Anno Regni nostri septimo. 39 CARTA 15, ROTUL. 8, ROBERTI II. ALEXANDRO SENES CALLI, DE TERRIS DE LOUNANE. Robertus, Dei Gratia — Omnibus — Sciatis nos dedisse — dilecto filio nostro Alexandro Senescalli, genito inter nos et dilectam nostram Mariotam de Cardnay, omnes et sin gulas terras nostras de Lounane, cum pertinentiis, quae fuerunt quondam Richardi Mouat, infra vicecomitatum de Forfar; et quas ipse Richardus, non vi aut metu ductus, nee errore lapsus, sed mera et spontanea voluntate sua nobis per fustem et baculum sursum reddidit, pureque et simpliciter resignavit; nee non omnes et singulas terras nostras de Petfoure, cum pertinentiis, infra vicecomita tum de Aberdene. Tenend. et Habend. praedicto Alexan dro et haeredibus suis, de corpore suo legittime procrean dis ; quibus forsan deficientibus, dUecto filio nostro Johan ni Senescalli, fratri suo de eadem matre, et haeredibus suis, de corpore suo legittime procreandis ; quibus fortas- se deficientibus, dilecto filio nostro Jacobo Senescalli, eorum fratri de eaipsa matre, et haeredibus suis, de cor pore suo legittime procreandis ; quibus vero forsitan defi- , cientibus, ad nos et haeredes nostros Reges Scotiae, per petuo et plenarie reversur. de nobis et haeredibus nostris, in feodo et haereditate — in boscis et planis — cum tenandis, et servitiis libere tenentium, natis, bondis, bandagiis et eorum sequelis, tam non nominatis quam nominatis, tam sub terra quam supra terram, tam procul quam prope, ad praedictas terras, cum pertinentus, spectantibus, seu quo quomodo spectare valentibus in futurum. Reddendo inde nobis annuatim, et haeredibus nostris, unum denarium argenti, nomine Albaefirmae, apud Lounane, si petatur tantum ; pro wardis, relevus, maritagiis, curiarum sectis ; ac omnibus alns secularibus servitiis, exactionibus et de- 40 mandis ; ac omnibus quae de dictis terris, cum pertinentiis, per quemcunque exigi poterunt vel requiri. In cujus rei testimonium — Testibus — Apud Perth, decimo-quinto die Januarii, Anno Regni nostri duodecimo. CARTA 13, ROTUL. 8, ROBERTI II. JOHANNI SENESCALLI, DE TERRIS DE KYNCLEVIN, &C. Robertus, Dei Gratia, Rex Scotorum — Omnibus pro bis hominibus — Sciatis nos dedisse, concessisse, et hac praesenti Carta nostra confirmasse dilecto fiho nostro Johanni Senescalli, genito inter nos et dilectam nostram Mariotam de Cardnay, omnes et singulas terras de Kin- clewyn, ErbintoUy, TuUibeltyn et Dulmernock minor, cum pertinentiis, in Thanagio de Kynclewyn, infra vicecomi tatum de Perth. Tenend. et Habend. eidem Johanni et haeredibus suis, de corpore suo legittime procreandis ; quibus forsan deficientibus, dilecto filio nostro Alexandro Senescalli, fratri suo de ipsa matre, et haeredibus suis, de corpore suo legittime procreandis ; quibus quoque fortas- se deficientibus, dilecto filio nostro Jacobo Senescalh, fra tri eorundem ex eaipsa matre, et haeredibus suis, de cor pore suo legittime procreandis ; quibus utique forsan defi cientibus, ad nos et haeredes nostros Reges Scotiae, per petuo et plenarie reversuras, de nobis et haeredibus nostris, in feodo et haereditate in perpetuum; libere, quiete, plenarie, bene et in pace, ac honorifice ; per omnes rectas metas et divisas suas, antiquas et novas ; in domibus et maneriis, in boscis et planis, moris, marresiis, viis, se mitis, aquis, stagnis et rivulis, ac lacubus, petariis, turba- riis, vivariis, pratis, pascuis et pasturis, aucupationibus, venationibus et piscariis, molendinis, multuris, et eorum sequelis, antiquis et novis ; cum curiis, curiarumque sectis. 41 exitibus et eschaetis ; cum tenandiis, et servitiis libere tenentium, nativis, bondis, bondagiis, et eorum sequelis, fabrilibus, brasinis, et aliis officinis quibuscunque ; ac cum universis et singulis libertatibus, commoditatibus, aysiamentis, tam non nominatis quam nominatis, tam sub terra quam supra terram ; tam procul quam prope, ad praedictas terras, cum pertinentiis, spectantibus, seu quoquomodo juste spectare valentibus in futurum. Red dendo inde nobis annuatim, et haeredibus nostris, unum denarium argenti, nomine Albaefi/i'mae, apud Kinclewyn, si petatur tantum, pro wardis, releviis, maritagiis, cu riarum sectis, ac omnibus aliis secularibus servitiis, ex actionibus, oneribus et demandis, quae de dictis terris, cum pertinentiis, per quemcunque exigi poterunt aut requiri. In cujus rei testimonium — Testibus — Apud Perth, quin- to-decimo die Januarii, Anno Regni nostri duodecimo. carta 14, roberti II. ROTUL. 8, JACOBO SENESCALLI, DE TERRIS DE KINFAWNS, BATTE ET FORTEVIOT. VIDE APPENDICEM, NO. 2. Robertus, Dei Gratia, Rex Scotorum; Omnibus probis hominibus totius terrae suae, clericis et laicis, Salutem. Sciatis nos dedisse concessisse, et hac praesenti Carta nostra confirmasse dilecto filio nostro Jacobo SenescaUi, genito inter nos et Mariotam de Cardnay, Orientalem me dietatem nostram terrarum de Kinfawns, cum pertinentiis ; ac omnes et singulas terras nostras de Ratte, cum perti nentiis ; nee non omnes et singulas terras nostras et mo- lendinum nostrum de Forteviot, cum pertinentiis, infra vicecomitatum de Perth. Tenend. et Habend. dicto Ja cobo et haeredibus suis, de corpore suo legittime procre- 42 andis ; quibus forsan deficientibus, dilecto filio nostro Alexandro Senescalli, fratre suo de eadem matre, et hae redibus suis, de corpore suo legittime procreandis ; quibus fortasse deficientibus, dilecto filio nostro Johanni Senes calli, fratri ipsorum de eaipsa matre, et haeredibus ipsius, de corpore suo legittime procreandis ; quibus etiam forsi tan deficientibus, ad nos et haeredes nostros Reges Sco tiae, perpetuo et plenarie reversur. de nobis et haeredibus nostris, in feodo et haereditate — Reddendo inde annuatim nobis et haeredibus nostris, unum denarium argenti, no mine Albaefirmae, apud Forteviot, si petatur tantum, pro wardis, releviis, maritagiis, curiarum sectis, ac omnibus aliis secularibus servitiis, exactionibus, oneribus et deman dis, quae de dictis terris, cum pertinentiis, exigi poterunt vel requiri. In cujus rei testimonium — Apud Perth, de cimo-quinto die Januarii, Anno Regni nostri duodecimo. CARTA JOHANNIS COMITIS DE CARRICK, FACTA FILIIS SPU- RIIS ROBERTI II. REGIS, 1382. EX AUTOGRAPHO,* John, eldest son to the illustrious King of Scotland, Earl of Carrick and Steward of Scotland ; Robert Earl of Fife and Menteth, Alexander Lord Badenoch, sons also to the fore-named King ; greeting in the Lord : Forasmeikle as eur Lord and Pro genitor King of Scotland, has given several lands, to tuit, the lands of Ratte, Kinfawns, Kynclewyn, Innerlounan, Lounan, Petfoure, ErbintoUy, Tullibeltin, Dulmernock and Forteviot, and ten-mark-lands within the shereffdome of Aberdene, to his natural sons begottin on Marion Cardnay, under certain conditions and ' Tliis Charter I found among the Papers of Sir John Hay of Bara and Lands, Lord Register of Scotland, my worthy Grandfather, one of the greatest orna ments of his age. 43 forms, as it is contained in his Charters, made to his said sons, morefuUy. Be it kend to all, That we have faithfully promised, by the tenour of thir present Letters, that as we may, and ought in justice, we shall maintain and defend them, that they nor none of them shall sustain any injury in the possession of the said lands, nor violence, wherethrow they may be hindered to freely use and enjoy the samyne, notwithstanding of any Estate we may possibly come to. In witness whereof, we have appended our seals to thir presents, to remain with them for their security. Given at Edin- brugh, the 21 of June, 1382. Ita est, per me Dom. Adam TurnbuU, capellanum et notarium publicum. I have yet another reason which prevails with me, to believe that John Lord Kyle, afterwards Earl of Carrick, was lawful son, and Elizabeth More lawful wife, to King Robert ; which is, that in our register books, all public deeds made for the use and behoof of the subject, are either attested or approven by the undoubted heir, ad majorem evidentiam et securitateni, for removing all incon- veniencies : Accordingly, the Lord Kyle, or Earl of Car rick, being constantly found witness to his father's grants, or approving his charters by a joint assent, or appending his seal thereto, which is equivalent, even to those given to Queen Euphame and her children, with a distinguish ing character of eldest son and heir, and other glorious designations, I must draw a strenuous and invincible argument from thence, that he was not liable to any reproach as to his birth, nor his mother to any stain of incontinency and weakness : for if she had been a concu bine, or made a slip in the heat of her youth, before she was legally and canonically married to the steward, or if he himself had been born extra matrimonium ; what could have induced his father to join him as heir, conjunctly 44 with himself, in the bosom of his Charters, for giving them a fairer appearance of strength ? Since the bastard, by the laws and constitutions of our nation, cannot succeed to his father's inheritance, and consequently is no heir; what could have induced the Queen and her children to allow him peaceably, in their papers, the title of primoge nitus et haeres, and the privilege of appending his seal to their writs, if he had been unlawfully begotten? John Lord Kyle ahd Earl of Carrick, appending then his seal to the Charters granted by his father and brethren begot ten upon Queen Euphame, at their pressing instances, designing himself eldest son and heir in those papers where they are so nearly concerned, without being ever quarrelled; and giving his joint assent to King Robert's dispositions, both before and after he was set on the throne ; there is no ground for suspecting him to have been a bastard, nor his mother to have been a concubine ; as will appear from the following Charters, which do clearly vindicate them from the vile aspersions which Innes, Gray, Hearne, and Sage have thrown upon them, by their false and inconsiderate calculations. CARTA ROBERTI II. ALAND DE LAWEDRE, TENENTI SUO DE WHITSLADE. IT IS THE 275TH CHARTER OF KING DAVID's BOOK, FOL. 55, AND THE 4tH CHARTER OF THE FIRST ROLL OF KING ROBERT II., WHICH IS THE 2d ROLL IN THE PUBLIC REGISTERS. Robertus, Dei Gratia, Rex Scotorum ; Omnibus pro bis hominibus totius terrae suae, Salutem. Sciatis nos quandam Cartam factam per nos, dum eramus Senescallus Scotiae, Alano de Lawedre, fideli nostro, de mandato nostro inspectam et diligenter examinatam, non abolitam, 45 non cancellatam, non rasam, nee in aliqua sui parte vitia- tam, intellexisse ad plenum in haec verba : Omnibus hoc scriptum visuris vel audituris ; Robertus Senescallus Sco tiae, Comes de Stratherne, salutem in Domino sempiter nam. Noverit universitas vestra, nos, de consensu et assensu dUecti primogeniti nostri et haeredis, Johannis Senescalli, Comitis de Carrick, dedisse, concessisse, et hoc praesenti scripto nostro confirmasse dilecto nostro Alano de Lawedre, tenenti nostro de Whitslade,* pro suo bono et fideli servitio, nobis impenso et impendendo, omnia proficua et servitia nobis debita seu debenda ; viz. Wardas, cum maritagus, relevia, annuos redditus, albas firmas, et earum duplicationes ; cum curiis, eschaetis, seu curiarum exitibus, et servitus libere tenentium ; de tenandiis de Byrkynsyde, Lygeartwodde, Moryston et Auldynston, cum suis pertinentiis, in perpetuum, quae de nobis tenen- tur in capite, infra vicecomitatum de Berwico super Twe- dam. Tenend. et Habend. praedicto Alano, haeredibus suis, et suis assignat. dominis de Whitslade, omnia pro ficua et servitia praedicta, cum omnibus suis pertinentiis, ut praedictum est, de nobis et haeredibus nostris Baroni- bus de Renfrew, in feodo et haereditate ; adeo libere et quiete, plenarie et honorifice, bene et in pace, sicut aliqua proficua et servitia tenentur ab aliquo Comite vel Barone alicui tenenti, pro suo fideli servitio, dari poterunt vel • The original Charter of the lands of Whitslade, granted to Allan Lawder, belongs to the 'much honoured Alexander Murray, younger of Stanhope, a gentle man of bright parts, and a great encourager of learning, who was pleased to com municate it to me. It answers exactly the copy found in the registers, excepting that after escheatis, there is sectis curiarum ; that after Johanna de hyle, milit. there is Johanna Waleys, Roberto de Howston, Johanne Tayt, Johanne Cody, et multis aliis ; that after In cujus rei testimonium, there is praesenti Cartae coTifirmationis nostrae ; and that it is dated, jlpud S, Andr. decimo die mensis Martii, Anno Regni nostri secundo. 46 concedi ; sine aliquo retinemento, in perpetuum, homma- gio, vel fidelitate Comitis Marchiae, si nobis debetur, pro tenandia de Byrkynsyde duntaxat ; exceptis proficuis et servitiis curiae de dicta tenandia in omnibus, ut praedictum est, praedicto Alano, haeredibus suis, et suis assignatis dominis de Whitslade, in perpetuum remansuris. Redden do inde armuatim, praedictus' Alanus, haeredes sui, et sui assignati domini de Whitslade, nobis et haeredibus nostris Baronibus de Renfrew, apud antiquam mansionem de Whitslade, in Festo Nativitatis B. Johannis Baptistae, unum denarium argenti, nomine Albaefirmae, si petatur tantum, pro omni alio servitio, exactione saeculari vel demanda, quae per nos vel haeredes nostros, ab ipso Alano, haeredibus suis, et suis assignatis, ut praedictum est, tam pro terris suis de Whitslade, cum pertinentiis, quae de nobis tenentur in capite, infra vicecomitatum de Berviko supra-dictum, quam de omnibus aUis et singuhs tenendiis praedictis, vel aliqua parte earundem, exigii poterunt in perpetuum vel requiri. Nos vero Robertus Senescallus Scotiae praedictus, et haeredes nostri prae dicti Barones de Renfrew, totam terram de Whitslade, cum servitiis et proficuis omnium tenentium praedictorum, in omnibus, ut praedictum est, praedicto Alano, haeredi bus suis, et suis assignatis, contra omnes mortales war rantizabimus et defendemus. In cujus rei testimonium, SigiUum nostrum, una cum SigUlo haeredis nostri prae dicti, praesenti scripto fecimus apponi. Apud Renfrew. Hiis testibus, dominis Roberto de Erskyne, Johanne de Danyelston, Adam de Foulerton et Johanne de Lyle, militibus. Quam quidem Cartam, donationemque et con cessionem in eadem contentas, in omnibus punctis suis et articulis, conditionibus et modis, ac circumstantiis quibus cunque, forma pariter et effectu, in omnibus et per omnia, approbamus, ratificamus, et pro nobis et haeredibus nos- 47 tris in perpetuum confirmamus ; salvo servitio nostro. In cujus rei testimonium, huic praesenti Cartae confirmationis nostrae, SigiUum nostrum praecepimus apponi. Testibus, venerab. in Christo patribus WUlielmo et Patricio, Sancti Andreae et Brechinen. Ecclesiarum Episcopis ; Johanne Primogenito nostro, Comite de Carrick, Senescallo Sco tiae ; Roberto Comite de Meneteth ; Alexandro Senes calli, mUitibus, fihis nostris tarissimis : WUlielmo Comite de Douglas; Johanne de Carrick, Canonico Glasguen. CanceUario nostro : Alexandro de Lyndesay et Roberto de Erskyne, militibus, consanguineis nostris. Apud Sanc tum Andream, tertio-decimo die Junii, Anno Regni nos tri primo. CARTA ROBERTI II. JOHANNI FILIO WILLIELMI, DE 300 PLAUSTRAT. PETARUM. EX AUTOGRAPHO.* Robertus, Dei Gratia — Omnibus probis hominibus — Cum Johannes filius Willielmi, et Christiana sponsa sua, ratione dictae sponsae, et haeredes ipsius Christianae, no bis et haeredibus nostris Regibus Scotiae, reddere tenean tur annuatim, apud manerium nostrum de Forfar, trecen- tos plaustratus petarum, pro terris de Balmoschenere et de Tyrebeg, cum pertinent, infra vicecomitatum de For far, nosque, apud Forfar, totiens, sicut praedecessores nostri, residentiam hiis temporibus non faciamus ; conces- simus dicto Johanni, de gratia nostra speciali, ac de con sensu et voluntate Johannis primogeniti nostri, Comitis de Carrick, Senescalli Scotiae; Quod praedictus Johannes, filius Willielmi, sponsa sua praedicta, et haeredes prae- * This Charter is the 12th of the second roll of King Robert II., which is the third roll of our registers. 48 nominati, pro dictis trecentis plaustratibus petarum, tan tum nobis et haeredibus nostris inveniant, quotiens nos et ipsos apud Forfar venire contigerit, focale, ad sufficientiam pro mora nostra et haeredum nostrorum ibidem facienda. Cum super hoc dictus Johannes, filius Willielmi, sponsa sua supradicta, et haeredes praenotati, rationabiliter fue rint praemoniti, sic quod aliter quam pro deserviendo no bis et dictis nostris haeredibus, de ipso focali ad sufficien tiam, quotiens Uluc venerimus, aut haeredes nostri vene- rint, de caetero nullatenus compellantur. In cujus rei testimonium, praesenti Cartae nostrae, nostrum praecepi mus apponi SigUlum. Testibus, venerab. in Christo patri bus, WUlielmo et Patricio, S. Andreae et Brechinen. Dei Gratia, Ecclesiarum Episcopis; Johanne primoge nito nostro, Comite de Carrick et Senescallo Scotiae ; Roberto Comite de Fife et de Meneteth, fiho nostro di lecto ; WiUielmo Comite de Douglas ; Georgio de Dum bar, Comite Marchiae, consanguineis nostris ; Johanne de Carrick, Canonico Glasguen. CanceUario nostro ; Ja cobo de Lyndesay, nepote nostro; Hugone de Eglinton et Roberto de Erskyn, militibus, consanguineis nostris. Apud Glasgw, vicesimo-octavo die mensis Octobris, An no Resni nostri secundo. CARTA 7, ROTUL. 7, ROBERTI II. WALTERO DE OGYLWY, DE ANNUO REDDITU 29 LIBRARUM. Robertus, Dei Gratia — Omnibus probis hominibus— Sciatis nos, de consensu et assensu carissimi primogeniti nostri Johannis Comitis de Carrick, Senescalli Scotiae, dedisse, concessisse, et hac praesenti Carta nostra confir masse dilecto et fideli nostro Waltero de Ogylwy, miMti, pro servitio suo impenso et impendendo, ilium annuum 49 redditum 29 marcarum Sterlingor. nobis debitum sive exeuntem de Thanagio de Kyngalvy, infra vicecomita tum de Forfar. Tenend. et Habend. eidem Waltero et haeredibus suis, de nobis et haeredibus nostris, in feodo et haereditate, cum omnibus et singulis libertat. commo ditat. aysiament. et justis pertinentiis quibuscunque, ad dictum annuum redditum pertinent, seu juste pertinere valent quomodolibet in futurum : Ita tamen, quod dictus Walterus et haeredes sui, pro eleemosynis Regiis, de dicto annuo redditu alias concess. per praedecessores nos tros Reges Scotiae, juste satisfacere teneantur. In cujus rei testimonium, praesenti Cartae nostrae, nostrum prae cepimus apponi SigiUum. Testibus — Apud Logy rate, vicesimo-quarto die Octobris, Anno Regni nostri quin- decimo. CARTA ROBERTI SENESCALLI SCOTIAE, FACTA UNI CAPEL- LANO IN ECCLESIA GLASGUENSI. EX AUTOGRAPHO, 1364. Omnibus hanc Cartam visuris vel audituris, Robertus Senescallus Scotiae, Comes de Stratherne, Salutem in Domino sempiternam. Cum dudum venerabili patri do mino WUlielmo, Dei Gratia, Episcopo Glasguensi, fuerit per litteras Apostohcas specialiter delegatum, ut super matrimonio contrahendo inter nos et *quondam Elizabeth * This Charter was first published by Mr. Innes, primnr of the Scots College, in 1695, Parisiis ; Ex Typographia Francisci Muguet, Regis Christianissimi, et Cleri Gallicani Typographi; with a preface and notes. Don John Mablllon caused Insert the whole pamphlet in his elaborate treatise, entituled, Supplemenlum J..ibroru7n de re DiploTnatica, printed by Robustel, anno 1704. The Right Honourable Earl of Cromerty gave us also an edition thereof in 1 695, printed at Edinburgh by the hell's of Andrew Anderson. Of late the incompatible Mr. Hearne, so much admired for his excellent writings, hath ordered it to be reprinted at Oxford, in his Appendix to Fovdun. Long before it was exposed to the view D 50 More, dum ageret in humanis^ non obstante impedimento consanguinitatis et affinitatis, contractui matrimoniali prae- of the world, I had a copy thereof, taken from the extracts of the two register- books of Glasgow, some few years before they were carried abroad by Bishop Bea ton. The Charter itself shows us evidently, Ittwj, That Robert II., whilst Steward of Scotland, had applied himself to his Holiness, for a dispensation or licence to marry Elizabeth More, notwithstanding the degrees of consanguinity or affinity wherein they stood. 2do, That William Bishop of Glasgow, who succeeded John Lindsay, having taken the business to consideration, had supported and countenan ced his design as subdelegate, that is to say, as having a full power and commission for that effect from Avignon. 3izo, That Robert Stuart had promised faithfully to execute whatsoever had been enjoined and ordered him by the Bishop ; but being hindered probably by the heat of the wars that continued till King David's return to Scotland in 1357, and by some other difficulties he fell under whilst the King adhered to Margaret Logie, whom he took to his second wife, he had not been able to fulfil his ancient bond till 1364 ; at which time he mortified ten merks Sterling, payable^ out of the Carse of Stirling, by the Abbot and Convent of Holyroodhouse of Edinburgh, for the use and maintenance of a chaplain, who was to officiate at the appointed altar, in the Cathedral Church of Glasgow. Whence it is plain, that the dispensation was obtained, and that the marriage was solem nized, otherwise he had not founded the forementioned chaplainry. JSfoverii uni versitas vestra^ nos, ex causa praemissa, dedisse, ^c. And it appears by the terms of the Charter, that Elizabeth, his spouse, was dead and buried several years before the grant of the ten merks Sterling ; Super rnatrimonio contrahendo inter nos et quondam Elizabeth More, dum ageret in humanis. Which entirely overturns Buchanan's scandalous topics concerning her marriage, after Queen Eu- phame's death. Yet this authentic Charter, curiously examined and compared a-new with Mr. Innes' paraphrase or notes, does not furnish us any weighty proof for confuting the latter part of Buchanan's impudent story, nor stop the mouths of the enemies of our monarchy ; for though Elizabeth had been really joined in marriage with the Steward, as 1 firmly believe, though she was dead in 1364, which is evident; this does not make her his lawful wife, whilst she bore John, Walter, Robert, and Alexander, since Fordun's Continuator shews us posi tively, that she was at that time his whore. Iste Robertus copjilavit sibi de facto unam de Jiliabus Adae More, militis, de qua genuit JUios etjilias extra matii- monium. To which Innes agrees, in his Chronological Account of King Ro bert, p. 10, in the following words : Circa 1340, Robertus des2)07isat JElizabetham More. As doth likewise the Earl of Cromerty, p. 33. of his Vindication of Ro bert III., who allows the contract of marriage to have been made only ten or twelve years before the date of the Carta Anthentica^ or at most twenty years before King Robert mounted the tlu*one, which will be in the 1351, 32, or 51 dicto impedimentum praestante, auctoritate Apostolica dispensaret, dummodo duas Capellas, vel unam, pro ar- bitrio ipsius Episcopi, perpetuo fundaremus : Ac dictus VenerabUis Pater, consideratis in hac parte consideran- dis, nobiscum super impedimento praedicto, auctoritate qua supra, dispensans, nobis injunxerit, ut una Capellania in Ecclesia Glasguensi, ad unum certum altare, ad pensio nem decem marcarum Sterlingorum, annuatim percipien- dam de certis redditibus nostris, fundaretur perpetuo ; nos que eandem Capellaniam sic fundare fideliter promiserimus, infra certum tempus jam transactum, nobis tunc per dic tum episcopum limitatum : Noverit Universitas vestra nos, ex causa praemissa, dedisse, concessisse, et hac praesenti Carta nostra confirmasse, pro nobis et haeredibus nostris perpetuo, Deo, B. Mariae Virgini, B. Kentegerno, et uni Capellano celebranti, et celebraturo perpetuo in Ecclesia Glasguensi praedicta, decem marcas Sterlingorum, ad sus- tentationem ejusdem Capellani, annuatim percipiendas de annuo redditu quadraginta librarum Sterlingorum exeunte de terra Del Cars Abbatis, infra vicecomitatum de Stryve- 54th year of Christ. Neither doth the designation of eldest son and heir, assumed by the Lord Kyle in his father's mortification, or his seal appended there - to, prove invincibly that he was of a lawful Issue, since Bowmaker assures us, that secundum Canones, matrimonium. sequens legittimat jUios natos ante Tnatrimonium. Which is Mr. Sage's scheme. According to which doctrine, John Lord Kyle might have taken the title of Primogenitus, as being his father's eldest son, born before the other children, notwithstanding he was pro create and begot extra matrimonium. So that there is no solid conclusion can be drawn against Buchanan, our late writers, nor Fordun's Continuators, from the above Charter, except the forenamed gentlemen allow the marriage to have hap pened in the year 1834, as I shall endeavour to show it did : Otherwise, let them put what construction they please upon that Charter, they will never make them lawful children thereby, as long as they adhere to their false and romantic suppu- tatlons, nor draw any convincing consequence therefrom, for supporting their scheme against Buchanan and his party. 52 lyne, et nobis et haeredibus nostris debito per religiosos viros, abbatem et conventum Monasterii* Sanctae Crucis de Edynburgh : Tenend. Habend. et Percipiend. annuatim in perpetuum, eidem Capellano qui pro tempore faerit, per manus dictorum religiosorum, ad terminos Pentecos tes et Sancti Martini in hyeme, per portiones aequales, in liberam, puram et perpetuam elymosinam; adeo h- bere^ quiete, plenarie et honorifice, sicut aliqua ely- mosina per totum Regnum Scotiae, liberius conceditur, percipitur, sive datur. Et nichilominus, totum jus nobis competens per Cartam infeodationis recolendae memoriae Domini Regis Roberti avi nostri, sive obligatorium dicto rum abbatis et conventus, seu quascunque alias evidentias, ad compellendum dictos abbatem et conventum ad solu tionem dicti annul redditus decem marcarum, in Episco pum GlaSguensem, qui pro tempore fuerit, et Capitulum Glasguense, sede vacante, per hanc Cartam nostram per petuo transferimus, ipsosque et eorum alterum, quantum ad hoc, nostros et haeredum nostrorum assignatos et assig- natum facimus, constitulmus, et etiam ordinamus. Et si forte contingat, quod absit, quod dictae decem marcae annuae, per dictum Capellanum qui pro tempore fuerit, percipi non potuerint, ut est dictum ; vel ex eo quod dicti abbas et conventus solvere noluerint, aut compelli non potuerint ad solutionem earundem ; vel ex eo quod nos, aut aliquis haeredum nostrorum, contra praesentem infeo dationem et concessionem nostram, solutionem dictarum decem marcarum impediverimus aut impediverit, aut per nos, seu alium vel alios, clam vel palam, directe vel indi- recte, procuraverimus seu procuraverit impediri, obliga- gamus nos et haeredes nostros, per omnia 'bona nostra, * See Appendix, No. III. 53 mobilia et immobilia, ad solvendum dictas decem marcas, de aliis redditibus nostris, ubi Episcopus Glasguensis, qui pro tempore fuerit, vel capitulum ejusdem, sede vacante, duxerit eligendum, toto tempore quo cessatum fuerit a so lutione dictarum decem marcarum, percipiend. de annuo redditu supradicto : Subjicientes nos et haeredes nostros jurisdictioni et cohercioni Episcopi Glasguensis et ipsius ofiicialis, qui pro tempore fuerint ; ut ipsi, per omnimo- dam censuram ecclesiasticam, nos et haeredes nostros compellere valeant ad perficienda omnia et singula supra dicta, in casu quo defecerimus vel defecerint, quod absit, in aliquo praemissorum. Ef^ ultra omnia praenotata, nos et haeredes nostri praedicti, donationem et concessionem nostram de dictis decem marcis annuls percipiendis, ut supra, de annuo redditu supra-dicto, praedictis Episcopo, Ecclesiae Glasguensi, et Capellano qui pro tempore fue rint, contra omnes homines et foeminas warrantizabimus, acquietabimus, et in perpetuum defendemus. In cujus rei testimonium, SigiUum nostrum, una cum Sigillo Johan nis SenescaUi, Domini de Kyle, primogeniti et haeredis nostri, praesentibus est appensum. Hiis testibus, vene rabili patre domino Roberto, Abbate Monasterii de Kyl- wynnyne, et dominis, Johanne SenescaUo, fi-atre nostro, Hugone de Egglyntonne et Thoma de Fauside, militibus ; Johanne Mercer, Burgensi de Perth; Johanne de Rose et Johanne de Tayt, armigeris nostris, et aliis. Apud Perth, duodecimo die mensis Januaru, Anno Domini, miUesimo, tricentesuno sexagesimo-quarto. [_No Seals nor Tagues.'] 54 CARTA 97, ROTUL. 4, ROBERTI II. REGIS, CONFIRMATORIA CARTAE WALTERI SENESCALLI, DOMINI DE BRECHYN, FACTA THOMAE DE RATE. Robertus, Dei Gratia, Rex Scotorum — Omnibus probis hominibus — Sciatis nos Cartam confirmationis dilecti filii nostri Walteri Senescalli, et Margaritae sponsae suae, filiae et haeredis quondam David de Berklay de Brechyn, militis, factam dUecto et fideli nostro Thomae de Rate, super medietate Tenementi de Arroeh, cum pertinentiis, in Baronia de Brechin, infi"a vicecomitatum de Forfar, de mandato nostro visam, lectam et dihgenter examinatam, in tellexisse ad plenum, de verbo in verbum, sub hac forma : * Universis ad quos praesentes litterae pervenerint, prae sentibus et futuris, Walterus Senescalli, filius magnifici principis Domini Roberti, Dei Gratia, Regis Scotorum illustris, et Dominus Baroniae de Brechin, infi-a viceco mitatum de Forfar; et Margareta sponsa sua, filia et haeres quondam Domini David de Berklay, Domini dic tae Baroniae, Salutem in Domino sempiternam. Noveri tis nos, et quemlibet nostrum, post matrimonium inter nos solemniter contractum in facie Ecclesiae, et postquam vestiti et saisiti fuimus, ut de feodo de dicta Baronia de * This Charter, which immediately follows the authentic evidence published by Mr. Innes, is one of the most valuable documents that Europe can afford, for supporting my sentiment and refuting Buchanan's dreams ; for if the foundation made by King Robert in the Church of Glasgow, shows that Elizabeth More was dead in 1 S64, this confirmation of the lands of Arroch proves to a demonstration that Queen Euphame was alive in 1378, which was five years after Buchanan puts her in her grave ; and consequently, that the marriage he patches up betwixt Eli zabeth and King Robert, the third year of his reign, is inconsistent with the truth and our histories, since Elizabeth was really dead and in the dust in 1364, and therefore could not have married the King, who was then no widower, and that Queen Euphame was as yet alive in 1378, since she appended her Seal that same year to her son's writs, grants, and concessions. 55 Brechin, cum pertinentiis, authoritate Domini nostri Re gis, et ex dispensatione ipsius, qui nobis infra aetatem legittimam constitutis, prius veniam aetatis concessit; et de unanimi consensu nostro, et assensu nostro, et nostro rum cujuslibet, nee non de voluntate et licentia Domini nostri Regis praedicti, ac de consiUo et consensu aliorum parentum et amicorum nostrorum, ratificasse, approbasse, et hac praesenti Carta nostra confirmasse, pro nobis et altero nostrum, ac nostris haeredibus quibuscunque, illas venditionem, et titulo venditionis, concessionem, quae David de Arroch fecit per Cartam suam Thomae de Rate, Domino de Swres, de sua medietate Tenementi de Arroch, cum pertinentiis, in Baronia de Brechin praedicta, infra vicecomitatum de Forfar. Tenend. et Habend. eidem Thomae, et haeredibus suis vel assignatis, de nobis et haeredibus nostris de corporibus nostris procreandis ; alio- quin, ipsis deficientibus, de veris et legittimis haeredibus mei, Margaritae filiae et haeredis quondam Domini David de Berklay praedicti, in feodo et haereditate, per omnes rectas metas et divisas suas — adeo libere, quiete, plenarie, integre et honorifice — cum omnibus libertat. commodit. et aysiament. ac justis pertinentiis quibuscunque, in omni bus et per omnia, sicut Carta venditionis praefati David de Arroch eidem Thomae de Rate, exinde sine aliquo re tinemento confecta, in se plenius continet et proportat* Faciendo nobis et dictis haeredibus nostris, dictus Thomas de Rate, et haeredes sui vel assignati, servitium de dicta medietate illius Tenementi de Arroch, per dictum David de Arroch et antecessores suos, nobis et nostris antecessori- bus, debitum et consuetum. Et insuper ego Margareta praedicta, filia et haeres predict! quondam domini David de Berklay, et sponsa praefata domini mei Walteri, filii domini nostri Regis ; bona fide promitto, Quod si contingat me, post mortem praefati Domini mei essesuperstitem,nullo 56 haerede inter nos procreato, quod absit, superstite, praefatas ratificationem, approbationem et confirmationem, in omni bus et per omnia, ut praedictum est, factas, ut supra, ratas et firmas habebo perpetuo, nee contra ipsas veniam, nee procurabo venire, directe vel indirecte, publice vel occulte. In cujus rei testimonium, SigiUum Dominae nostrae Domi nae Reginae, et SigiUum Magnifici Domini Domini Jo hannis, Comitis de Carrick et Senescalh Scotiae, fi-atria nostri, una cum Sigillis nostris proprus, praesentibus sunt appensa. Datum apud Sconam, in pleno Parliamento domini nostri Regis tento ibidem, decimo-nono die men sis Octobris, Anno Domini 1378. Regni vero ipsius Domini Regis, octavo. Quam quidem Cartam, confirma- tionemque in eadem contentas, in omnibus punctis, articu lis, conditionibus, modis ac circumstantiis suis quibuscun que, forma pariter et eifectu, in omnibus et per omnia approbamus, ratificamus, et pro nobis et haeredibus nostris in perpetuum confirmamus, salvo servitio nostro. In cujus rei testimonium, praesenti Cartae nostrae confirmationis, nostrum praecepimus apponi SigUlum, Testibus, venerab. in Christo patre, domino WUUelmo, permissione Divina, S. Andreae Episcopo; ac nobUibus viris ac potentibus, Johanne Primogenito nostro, Comite de Carrick, Senes callo Scotiae; Roberto de Fyfe et de Meneteth, filio nostro dUecto ; WUlielmo de Douglas et de Mar, consan guineo nostro, Comitibus; venerabUi viro magistro Jo hanne de Peebles, Archidiacano S, Andreae, Cancellario nostro ; Jacobo de Lyndesay, nepote nostro carissimo, et Alexandre de Lyndesay, mUitibus. Apud Sconam, vice- simo-secundo die raeosis Octobris, Anno Regni nostri octavo. 57 CARTA DAVIDIS REGIS, ROBERTO SENESCALLO SCOTIAE, ET EUFAMIAE SPONSAE SUAE. EX AUTOGRAPHO. IT IS RECORDED IN KING DAVId's BOOK, FOL. R. 51, AND IS THE 253d CHARTER GRANTED ANNO 1370. David, Dei Gratia, Rex Scotorum; Omnibus probis hominibus — Sciatis nos dedisse, concessisse, ethacpraesen- ti Carta nostra confirmasse carissimo nepoti nostro Roberto Senescallo Scotiae, et Eufamiae sponsae suae, totam Ba roniam de Methfen, cum pertinentus, infra vicecomitatum de Perth; quae quidem Baronia, cum pertinentiis, fuit dicti nepotis nostri, et quam idem nepos noster, non vi aut metu ductus, nee errore lapsus — in manus nostras sursum reddi dit, pureque et simpliciter resignavit — Tenend. et Habend. dicto nepoti nostro, et Eufamiae Comitissae Moraviae, sponsae suae dilectae, consanguineae nostrae, et haeredi bus dicti nepotis nostri legittimis quibuscunque, de nobis et haeredibus nostris, in feodo et haereditate in perpe tuum, per omnes rectas metas et divisas suas, in unam inte gram et liberam Baroniam — Cum servitiis libere tenen tium ejusdem, et advocationibus ecclesiarum ejusdem. Fa ciendo inde praedictus , nepos noster, et Eufamia sponsa sua, et eorum alter diutius vivens, et haeredes dicti nepo tis nostri, servitia nobis debita et consueta. In cujus rei testimonium, praesenti Cartae nostrae, nostrum praecepi-^ mus apponi SigiUum. Testibus, venerab. in Christo pa tribus, WUlielmo et Patricio, Cancellario nostro, S. Andreae et Brechinen. ecclesiarum episcopis; Johanne Primogenito nepotis nostri, Comite de Carrick ; WUlielmo Comite de Douglas, Roberto de Erskyne et WiUielmo de Deschyngton, militibus. Apud Edinbrugh, decimo-septi- mo die Septembris, Anno Regni nostri quadragesimo- primo. 5& CARTA ROBERTI II. FACTA EUFAMIAE REGINAE, ET DAVID! COMITI DE STRATHERNE, DE CASTRO LACUS DE LEVYN. EX AUTOGRAPHO. IT IS THE 325tH CHARTER OF KING David's book, fol. r. 66, and the 12th charter OF the first roll of KING ROBERT II. WHICH IS THE 2d roll of our records. to BE HOLDEN WITHOUT ANY SERVICE, PAYMENT OF RENT, VASSALAGE OR BUR DEN. Robertus, Dei Gratia, Rex Scotorum ; Omnibus pro bis hominibus suis, ad quos praesentes litterae pervenerint, Salutem. Sciatis nos dedisse, concessisse, et hac praesenti Carta nostra confirmasse carissimae Sociae nostrae Eiifa- miae Reginae Scotiae, castrum nostrum Lacus de Levyn, cum pertinentiis ; et ad sustentationem ejusdem castri, terras infra-scriptas, viz. Enachre, Caslygowre, Glaslochy, Bondland de Kynross ; cotagia et molendinum, ac annuos redditus hostUagiorum villae de Kynross ; nee non terram de Cultbuy, duo TuUiochys, Maucuych, Latharach, Come- naygne, Drumgarlet, Techyntulchy, Auchteveny, Mawer- ler, et medietatem villae de Urwelle, Croftmartyn, Braci- nam, Brochlach, et annuum redditum de Culcarny, cum pertinent, infra vicecomitat. de Kynross. Tenend. et Habend, dictae Eufamiae Sociae nostrae, et carissimo fiUo nostro et suo, David Comiti de Stratherne, et eorum alteri diutius vi venti, Castrum, Terras, molendinum et annuos redditus su- pradict. cum pertinentiis, de nobis et haeredibus nostris, per omnes rectas metas et divisas suas — libere, quiete, plenarie, integre et honorifice, bene et in pace ; cum om nibus libertat. commod. aysiament. et justis pertinentiis quibuscunque, tam non nominatis quam nominatis, ad praefatum Castrum, Terras, molendinum, et annuos red ditus spectantibus, seu juste spectare valentibus in futu- 59 rum, pro toto tempore vitae dictorum Sociae nostrae, et David filii nostri et sui, et cujuslibet eorundem — In cujus rei testimonium, praesentibus, pro toto tempore vitae dic torum Sociae nostrae, et David filii nostri et sui, duratu- ris, nostrum praecepimus apponi SigiUum. Testibus, venerab. in Christo patribus, WUlielmo et Patricio, S. Andreae et Brechinen. Ecclesiarum, Dei Gratia, episcopis ; Johanne Primogenito nostro, Comite de Carrick et Se nescallo Scotiae ; Roberto Comite de Meneteth et Alex andro Senescalli, filiis nostris carissimis ; WUlielmo Co mite de Douglas, consanguineo nostro ; Johanne de Carrick, Canonico Glasguen. Cancellario nostro ; Hugone de Eglintone et Roberto de Erskyne, mUitibus. Apud Edinbrugh, octavo die mensis Mali, Anno Regni nostri secundo. CARTA 300, ROBERTI II. DAVIDI SENESCALLI, DE COMITATU DE STRATHERNE, FOL. R. 60 OF KING DAVId's BOOK. * Robertus, Dei Gratia, Rex Scotorum ; Omnibus pro bis hominibus — Sciatis quod concessimus David Senes calli militi, Comitatum de Stratherne, cum pertinentiis. Tenend. — Quae ad liberam Regalitatem pertinent, seu debent, secundum Regni leges et consuetudines, pertinere. Quare omnibus et singulis Comitatus praedicti, &c. fa- ciant ab aliis temporibus futuris responderi. In cujus rei testimonium, praesenti Cartae nostrae SigiUum nostrum * This hook of King David's, so oft mentioned, is a large quarto, composed of 66 leaves of vellum. It contains 326 curious Charters, whereof there are 274 granted by King David the Bruyse : The first is a confirmation of a Charter of John de Grahame ; and the last, a liberty to the Bishops de condendis Testamen- tis, Fol. Versa 54. The rest, from the 33th leafe to the 66th, contains 33 Charters granted by Robert II. the 1st and 2d year of his reign, and are correctly transcribed for the most part in his rolls : The first being a confirmation of the 60 praecepimus apponi. Testibus, venerab. in Christo pa tribus, WUlielmo et Patricio, S. Andreae et Brechinen. Ecclesiarum Episcopis ; Johanne Primogenito nostro, Co mite de Carrick, SenescaUo Scotiae ; Roberto Comite de Meneteth, Alexandro Senescalli, filus nostris carissimis ; WUlielmo Comite de Douglas, Johanne de Carrick, Ca nonico Glasguensi, Cancellario nostro; Alexandro de Lyndesay, Roberto de Erskyne, militibus, consanguineis nostris. Apud Perth, tertio die mensis Julii, Regni nostri anno primo. ' Tis transcribed verbatim in the same booJc, Fol. R. 68. but wants the Witnesses. CARTA roberti II. DAVIDI SENESCALLI, DE COMITATU DE STRATHERNE. IT IS THE 301ST CHARTER OF KING DAVID's BOOK, FOL. R. 60.* Robertus, Dei Gratia, Rex Scotorum ; Omnibus pro bis hominibus totius terrae suae, clericis et laicis, Sa lutem. Sciatis quod concessimus David Senescalli militi Lands of Whitslade to Allan Lawedre, Anno Regni primo ; and the last, a Grant of the Castle of Lochlevin to Queen Euphame, Anno Regni secundo. The book ends by Officium Coronatoris infra vicecomitatum de Aire, given Hugoni de Rathe, tanquam substituto domini Johannis de Lyndesay de Tho* ristoun, militis. Apud Edinbrugh, nono die Aprilis, Anno Regni Regis secundo. They are writ in a very good character ; the first page is spoiled and obliterate : It commences with King David's Concessions made the 33d year of his Reign ; so that his Charters of a more ancient date are lost, and not reeordei in our public Archives. The small and scattered remains of this Register book had been iplseiably destroyed, if they had not been carefiUly gathered together and drawn out of the rubbish by Mr. John Corss, a person of great integrity, who caused tliem to be handsomely bound, upon his own charges, in red russia leather, for prese rving them from the dust and molstness. • See Appendix, No. IV. 61 filio nostro carissimo, Comitatum de Stratherne, cum per tinentiis. Tenend. et Habend. sibi et haeredibus suis, in omnibus et per omnia, juxta formam et tenorem Cartae sibi exinde confectae ; et adeo libere, quiete, plenarie, in tegre et honorifice, in omnibus et per omnia, sicut quon dam Maiisius Comes de Stratherne, vel aliquis alius comes ejusdem, ipsum comitatum, cum pertinentiis, aliquo tem pore Uberius, quietius, plenius, integrius et honorificentius, juste tenuit seu possedit ; cum additione subscripta. Quod ipse et haeredes sui, dictum comitatum, ac omnes alias et singulas terras, tenandias et tenementa, cum pertinentiis, quae tenentur et tenebantur antiquitus de ipso comitatu, ubicunque infra Regnum nostrum, habeant, teneant et pos sideant perpetuo in libera regalitate, cum feodis et forisfac turis, et cum placitis quatuor punctorum coronae nostrae ; et cum omnibus aUis et singulis honoribus, libertat. com mod. aysiament. et justis pertinentiis quibuscunque, quae ad veram regalitatem pertinent, seu debent, secundum Regni nostri leges et consuetudines, pertinere. Reddendo ipse David et haeredes sui, de dicto comitatu, cum per tinentiis, unum par calcarium deauratorum, nomine AU baefirmae, apud Dulye, ad Festum Nativitatis [B. Johan nis Baptistae, annuatim, si petatur tantum, pro warda, relevio, maritagio, ac omnibus aliis et singulis servitiis saecularibus, exactionibus seu demanda, quae de dicto comitatu exigi poterunt vel requiri. Quare omnibus et singulis comitatus praedicti, ac aliis et singulis quorum interest, vel interesse poterit, damns, pro nobis et haere dibus nostris, tenore praesentium, in mandatis, quod dicto comiti et haeredibus suis, in hiis quae ad liberam regali tatem pertinent, respondeant, et prout ad ipsos et ipso rum quemlibet pertinet, faciant ab aliis futuris temporibus responderi. In cujus rei testimonium, praesenti Cartae nostrae SigiUum nostrum praecepimus apponi. Testibus, 62 venerab. in Christo patribus, WUlielmo et Patricio, S. Andreae et Brechinen. Ecclesiarum Episcopis; Johanne Primogenito nostro, Comite de Carrick, Senescallo Scotiae ; Roberto Comite de Meneteth, Alexandro SenescaUi, filiis nostris carissimis ; WUlielmo Comite de Douglas ; Johanne de Carrick, Canonico Glasguen. Cancellario nostro ; Roberto de Erskyne et Hugone de Eglintone, militibus, consanguineis nostris. Apud Methfen, decimo- nono die Octobris, Anno Regni nostri secundo. CARTA 91, ROTUL. 4. ROBERTI II. FACTA JACOBO DE DOUGLAS DE LYDDESDAILE, FILIO SUO. Robertus, Dei Gratia, Rex Scotorum; Omnibus pro bis hominibus totius terrae suae, clericis et laicis, Salu tem. Sciatis nos dedisse, concessisse, et hac praesenti Carta nostra confirmasse dUecto filio nostro Jacobo de Dowglas de Lyddesdaile, militi, filio carissimi consan guinei nostri Willielmi Comitis de Dowglas et de Mar, ducentas marcas Sterling, pro servitio et retinentia suis, nobis, et carissimo primogenito nostro Johanni Comiti de Carrick, SenescaUo Scotiae, impenso, et pro toto tempore ipsius Jacobi, nobis et dicto filio nostro, nee non nostro rum diutius viventi, impendendo. Tenend. Habend. et Per cipiend. annuatim, eidem Jacobo et haeredibus suis, de nobis et haeredibus nostris, in feodo et haereditate, in burgo nostro de Haddington, de magna custuma nostra, et nostris redditibus ejusdem burgi, per manus custumar. et balivorum nostrorum dicti burgi (jui pro tempore fuerint, ad terminos Pentecostes ct S. Martini in hyeme, per aecjuales portiones. Et si per guerram vel alio eventu contingat, quod ibi deficiat, alibi in Regno nostro per manus canierarii nostri qui pro tempore fuerit, libere, 63 quiete, bene et in pace, quousque per nos vel haeredes nos tros, dictus Jacobus vel haeredes sui, de ducentis marcatis terrae, in loco competenti haereditarie fuerint infeodati. Quare dictis Custumariis, et Ballivis nostris dicti burgi nostri qui pro tempore fuerint, et camerario nostro, in dicto eventu, qui pro tempore fuerit, damns, tenore praesentium, firmiter in mandatis, quatenus dicto Jacobo et haeredibus suis, dictas ducentas marcas Sterlingor. annuatim, medio tempore, sine difficultate persolvant ; quas sibi in compo- tis suis annuls, volumus et praecepimus per praesentes plenius aUocari. Volumus etiam, quod si dicti Custu- maru habeant de nostris sufficienter ad satisfaciendum sibi ad dictos terminos, et super hoc requisiti, noluerint hoc facere, requirat camerarium nostrum qui pro tempore fuerit ; et si nee camerarius, sic requisitus, sibi satisfaciat, ex tunc liceat sibi distringere ipsos Custumarios nostros qui pro tempore fuerint, quousque dicto Jacobo vel haeredi bus suis plene fuerit satisfactum. In cujus rei testimonium, praesenti Cartae nostrae nostrum praecepimus apponi Si giUum. Testibus, venerab. in Christo patribus,Willielmo et Johanne, Cancellario nostro, S. Andreae et Dunkeld. Ecclesiarum Episcopis ; Johanne primogenito nostro de Carrick, Senescallo Scotiae ; Roberto de Fyfe et de Meneteth, filio nostro dilecto ; WiUielmo de Douglas et de Mar, consanguineo nostro, Comitibus ; Jacobo de Lyndesay, nepote nostro carissimo, et Alexandro de Lyndesay, consanguineo nostro, militibus. Apud Edin brugh, quinto-decimo die mensis Mail, Anno Regni nostri decimo. 64 CARTA 3, ROTUL. 7, ROBERTI II. WILLIELMO DE DOWGLAS, ET AEGIDIAE SPONSAE SUAE, DE 300 LIB. STERLINGOR. Robertus, Dei Gratia, Rex Scotorum ; Omnibus pro bis hominibus totius terrae suae, clericis et laicis, Sa lutem. Sciatis nos dedisse, concessisse, et hac praesenti Carta nostra confirmasse dilecto et fideli nostro WiUielmo de Dowglas militi, filii domini Archibaldi de Dowglas militis, domini Galwidiae, consanguinei nostri, et ^gidiae carissimae filiae nostrae, in matrimonium inter ipsos Wil lielmum et .^gidiam legittime faciendum, trecentas libras Sterlingor. exeunt, et percipiend. dictis WUlielmo et ^gidiae, eorumque diutius viventi, et haeredibus inter ipsos legittime procreandis, de magna custuma nostra quatuor Burgorum nostrorum de Edinbrugh, Lithcw, Dunde et Aberdene ; et deficiente de uno Burgorum dic torum, capiendo totalem summam de caeteris tribus Burgis praenominatis ; deficiente autem de tribus, capiendo tota lem de reliquis duobus Burgis; deficiente utique de duobus, capieiido totale de quarto eorum ; deficiente vero de ipsis quatubr Burgis, capiendo totale de residuis Burgis nostris ubi sibi melius videbitur expediens, in foedo et haeredi tate in perpetuum, libere et quiete, quousque nos vel hae redes nostri infeodaverimus vel infeodaverint, ipsos Wil lielmum et j^gidiam, et eorum diutius viventem, ac eorum haeredes inter ipsos ligittime procreandos, de trecentis libratis terrae in convenienti loco. Quibus tamen WU lielmo et iEgidia, et eorum haeredibus procreatis forsan deficientibus, quod absit, tam trecentae hbrae, quam dictae trecentae libratae terrae, ad nos et haeredes nostros plenarie et libere revertantur. In cujus rei testimonium, praesenti Cartae nostrae magnum SigiUum nostrum apponi praecepimus. Hiis testibus, venerab. in Christo patribus, 65 WiUielmo et Johanne, Cancellario nostro, Dei Gratia, S. Andreae et Dunkelden. Ecclesiarum Episcopis ; Johanne Primogenito nostro, Comite de Carrick, Senescallo Sco tiae ; Roberto de Fyfe et de Meneteth, Jacobo de Dowglas, filus nostris carissimis ; Archibaldo de Dowglas et Ro berto de Erskyne, mUitibus, consanguineis nostris dilectis. Datum apud Sconam, die vicesimo-sexto mensis Decem bris, Anno Regni nostri quinto-decimo. CARTA ROBERTI II. FACTA JACOBO DE SANDYLANDIS, DE TERRIS DE MODERWALLE, &C. EX AUTOGRAPHO. Robertus, Dei Gratia, Rex Scotorum ; Omnibus pro bis hominibus totius terrae suae, clericis et laicis, Salu tem. Sciatis nos dedisse, concessisse, et hac praesenti Carta nostra confirmasse dUecto et fideli nostro Jacobo de Sandylandis militi, Baroniam de Dallyel et de Moder- waUe, Baroniam de Wiston, cum pertinentus, infra vice comitatum de Lanark ; terras de Ochterbannock et de Ochbeset, et de Slamanameure, cum pertinentus, infra vicecomitatum de Strivelyne ; quae fuerunt dicti Jacobi, et quas dictus Jacobus, non vi aut metu ductus, nee errore lapsus, sed mera et spontanea voluntate sua, sur sum reddidit et resignavit. Tenend. et Habend. eidem Jacobo, et Johannae filiae nostrae carissimae, quam idem Jacobus, Deo duce, ducet in uxorem, et eorum alteri diutius viventi, ac haeredibus inter ipsos legittime procre andis ; quibus forte deficientibus, haeredibus dicti Jacobi legittimis quibuscunque, de nobis et haeredibus nostris, in feodo et haereditate, per omnes rectas metas et divisas suas ; cum omnibus et singulis libertat. commoditat. ay siament. et justis pertinent, quibuscunque ad dictas baro nias et terras, cum pertinentus, spectantibus, seu juste E 66 spectare valentibus in futurum; adeo libere et quiete, plenarie, integre et honorifice, in omnibus et per omnia, sicut dictus Jacobus, dictas baronias et terras, cum perti nentiis, de nobis, ante resignationem suam nobis exinde factam, liberius et quietius, juste tenuit seu possedit : Faeiendo inde servitia debita et consueta. In cujus rei testimonium, praesenti Cartae nostrae nostrum fecimus apponi SigiUum. Testibus venerab. in Christo patribus WUhelmo et Johannae, S. Andreae et Dunkelden. Ec clesiarum Episcopis ; Johanne Primogenito nostro, Co mite de Carrick, Senescallo Scotiae ; Roberto Comite de Fyfe et de Meneteth, filio nostro carissimo ; Jacobo Comite de Dowglas, filio nostro praedUecto ; Archibaldo de Dowglas et Roberto de Erskyne, mUitibus, consangui neis nostris. Apud Edinbrugh, vicesimo die Novembris, Anno Regni nostri quarto-decimo. The seal white wax, on a tague of parchment ; on one side, the King a-horseback, his sword in one hand, and his shield in the other, bearing a lyon rampant, within a double tres- sure,fleurie and counter fleurie : On the reverse, the King in his seat of justice. CARTA ROBERTI II. FACTA JACOBO SANDYLANDIS, DE CAS- TRIWARDA DE CALDORE. EX AUTOGRAPHO. Robertus, Dei Gratia, Rex Scotorum ; Omnibus pro bis hominibus totius terrae suae, clericis et laicis, Salu tem. Sciatis nos dedisse, concessisse, et hac praesenti Carta nostra confirmasse dilecto filio nostro Jacobo de Sandylandis* militi, illos quadraginta solidos Sterlingor. * Tlie first lands I find granted to this family, in the Charter-chest of Torphi- phen, aie those of Craglokard and Stanipeth, given Jacobo de Sandylandis by 67 nobis debit, sive exeuntes pro Castriwarda Baroniae de Caldore. Tenend. et Habend. eidem Jacobo et Johannae King David; and upon his resignation thereof, he obtained of that prince, annuos redditus, debitos sive exeuntes de Horsebruk et de Hcschelys, infra vicecomitatum de Peebles, quousque sibi de tanta ten'a fuerit in loco competenti jirovisum. The Charter is dated at Lanark, sexto die Octobris, Anno Regni sui septimo-decimo. Willielmus de Douglas, dominus loci ejusdem gives Jacobo de Sandylandis, Armigero suo dilecto et fideli, pro hommagio et servitio suo, omn£S terras del Sandylajidis et del Rydnure, cum pertinentiis, infra do minium suum Vallis de Dowglas, cum orientali parte terrae de Pollynseygh, prout aqua de Dowglas currit, ascendendo ad duas arbores de Byrks, ex occi- dentali parte de Halleford, ex opposito del Haynyngschaw, quae est infra Baron. de Lesmahagaui, &c. Apud Castrum de Edinbrugh, die Jovis proxima ante Festum Natalis Domini, Anno Gratiae 1348. The same William Douglas designed as before, grants Jacobo de Sandylandis, et Eleonorae de Bruys, sorori suae, totam baroniam de Westercaldore, cum omnibus suis pertinentiis, in liierum maritagium. Testibus, venerabili in Christo Patre Domino Thoma, Dei Gratia, Abbate Sanctae Crucis de Edinbrugh ; Thoma Senescalli, Comite de Angus ; Domino David de I.yvdesay, Domino de Crawfurd ; WUlielmo de Dowglas, Domino Vallis de Liddale, Domino Andrea de Dowglas et Domino Johanne de Douglas, militihus ; et Domino Richardo Smalle, Rectore Ecclesiae de Rachaw, et multis aliis. The seal red, upon white wax, on ^ tague of parchment ; in a shield, a hart not crowned ; on the chief, three mollets ; the counter-seal on the back not discernable. This gift is confirmed by Duncan Earl of Fife, and King David. The last Charter is dated Apud Dundee, in ParliaTnento suo ibidem tento, quinto-decimo die Mail, Anno Regni sui vicesijno-priTno. About the beginning of the Reforma tion, Sir James Sandylandis, a son of this house, Lord St. John, finding the ori ginal foundation of Torphlphen to be abrogate and cancelled, by the Act of Par liament In 1560, resigned that preceptory, the chief residence of the Knights of the Order of St. John of Jerusalem, and Temple of Solomon in Scotland, in Queen Mary's hands, ad perpetuam remanentiam; and upon a reasonable com position, got that military benefice erected, in his favours and to his heirs and assignees, by her highness, in a temporal lordship, composed of the baronies of Torphlphen, LIston, Ballntrodo, Tankertoun, Denny, Maryculter, Stanhop, and Galtna, lying within the sheriffdoms of Edinbrugh, Peebles, Lithgow, Strivelyne, Lanark, Kincardine, and stewartry of Kirkcudbright ; Cum libera Capella et Cancellaria, infra bondas dictarum, terrarum, et advocationibus et donationibus Ecclesiarum, Capellaniarum et beneficioruTn dictarum terrarum, et baronia- rum ; with the teinds and patronage of the vicarage of Mary-culter, of the kirks of TuUoch and Aboyne In the north, and of the churches of Inchlnin and Torphl phen. The whole baronies and lands before specified were united and incorporate 68 sponsae suae, fiUae nostrae carissimae, et eorum alteri diu tius viventi, haeredibusque, inter ipsos legittime procreatis seu procreandis ; quibus forte deficientibus, haeredibus dicti Jacobi legittimis quibuscunque, de nobis et haeredi bus nostris, in feodo et haereditate in perpetuum. Red dendo inde nobis annuatim dicti Jacobus et Johanna, et eorum diutius vivens, haeredesque ut praefertur, unum denarium argenti, nomine Albaefirmae, si petatur tantum, pro omni alio servitio, exactione saeculari seu demanda, quae per nos vel haeredes nostros de dicta Castriwarda aliqualiter exigi poterunt seu requiri. In cujus rei testi monium, praesenti Cartae nostrae SigUlum nostrum prae cepimus apponi. Testibus, venerand. in Christo patribus, WUlielmo et Johanne, Cancellario nostro, S. Andreae et Dunkeld. Ecclesiarum Episcopis ; Johanne Primogenito ¦nostro, Comite de Carrick, Senescallo Scotiae ; Roberto Comite de Fife et de Meneteth, filio nostro dUecto ; Ja- into one body, called the Bar^ony and Lordship of Torphiphen, the 24th of January 1563, and the 22d year of her reign, for payment of 300 merks of feu- duty yearly to her Mayesty, per aequales portiones, ad duos anni terminos, Pente costes et S. Martini in hyemie, nomine Feodifirmae annuatim ; ¦nee non sum- mam decem mUlia scuiorum aureorum solarium, vtdgari appellatione, Crowns of the Sun nuncupat. The last sum was borrowed from Timothy Cumeoli, an Italian gentleman of the preceptor's acquaintance at Genoa, and a banker of the house of Bonvizi, resident for the time in Scotland, and paid at divers terms, partly upon her Majesty's precepts to her servants, the French Paris, Sir Robert Melvm, Sir James Balfour, and Captain Anstruther ; and partly to Mr. Robert Richard son, treasurer for the time, whereof there is a receipt under the privy seah This Sir James had been usher to Queen Mary of Lorrain and her daughter, and em ployed by the latter in divers wei^ty a&irsj and at two or three times chosen ambassador to divers sovereign princes. He died without issue, and his honours and fortune were devolved to James Sandylandis of Caldcr, his grand-nephew ; ef whom is lineally descended the Right Honourable James Sandylandis, present Lord Torphiphen, whose predecessors, preceptors thereof, were placed infer pro- ceres, on the temporal side, in all parliaments since King James III., as the ex tract of the parliament rolls since that time, under the clerk register's hand, doth cleai-ly justify. 69 cobo de Douglas, consanguineo nostro, comitibus ; Archi baldo de Douglas et Roberto de Erskyne, mUitibus, con sanguineis nostris. Apud Caldore, vicesimo-quarto die Mali, Anno Regni nostri quinto-decimo. {The seal as before, wMte wax on a tague of parchment.^ Having then shewed that the child procreate extra justas nuptias is unlawfiU, and that a bastard is not legiti mate by a subsequent marriage, nor allowed to succeed, by the express and fundamental laws of our nation, where of I have adduced a convincing proof, p. 7, and conse quently cannot assume the vain, empty, and insignificant name of heir, since he is debarred, by our custom and constitutions, from the succession ; it follows, that he can- riot approve nor confirm the rights and privUeges granted by the prince or his father ; which formality being neces sary for completing the legal being of a Charter, would be of no force if done by a child unlawfully begotten. Whereupon I have asserted, that John Earl of Carrick was lawful son to King Robert, since he is acknowledged at Scoon in a parUamentary meeting, anno 1371, nemine contradicente^ and elsewhere, by many reiterated acts, for undoubted heir and successor. That he confirms, as eldest son, his brethren's infefbnents,, and is conjunct dis- poner with his father to his deeds, and approves or attests all grants made to Queen Euphame, to her chUdren, or her sons-in-law. In all which he is stUed Magnificus Dominus. Frater noster. Vir Potens et Nobilis. and Pri mogenitus. In pursuance of my design, it wUl not be improper to observe, that the very notion we have of the last designa tion implies, in its formal conception, an essential and inhering right to the succession ; so that whosoever is in vested therewith, is understood to have, above all others 70 in the same line, and a fortiori in a remoter degree, an hereditary title to the vacant estate ; which prerogative cannot be altered upon any pretence whatsoever, nor suspended by any act or disposition to the contrary, and consequently supposes him to be lawfuUy begotten. Hence James II. declares null all gifts made without a sufficient warrant, by John Swift, burgess of Edmburgh, in favours of his younger children, because they destroy ed the rights which belonged inseparably to his eldest son and heir upon his estate ; as is clear from the foUow ing Charter. CARTA 108, JACOBI II. FOL. R. 60, LIB. 6. Jacobus, Dei Gratia, Rex Scotorum; Universis et singuhs Ligns et Subditis nostris, ad quorum notitias praesentes litterae pervinerint, Salutem. Quia inteUexi- mus quod Johannes Swift, burgensis burgi nostri de Edinburgh, certas cartas et litteras talliae, de certis tene- mentis et terris jacent. in burgo nostro de Edinburgh, sua propria authoritate, absque nostra confirmatione, consensu et licentia, certis prohbus ipsius quondam Jo hannis, fratribus et sororibus Thomae Swift, fecit, con cessit et deUberavit, cum saisina inde facta ; in nostri et successorum praejudicium, ac in exhaeredationem Thomae Swift, fiUi sui et haeredis, ipsiusque damnum non modi cum et gravamen : Vobis igitur universis et singulis Ligiis et Subditis nostris quorum interest, declaramus per prae sentes, dictas donationes, concessiones, infeodationes, tallias et saisinas, alias factas per praedictum Johan- nem Swift, suis prolibus praedictis, in dicti Thomae sui f lii et haeredis exhaeredationem, invalidas esse, et nullius roboris aut momenti fore in futurum. Datum sub 71 Magno SigUlo nostro, apud Edinburgh, penultimo die mensis Februarii, Anno Domini, miUesimo quadringen- tesimo, quinquagesimo-octavo, et Regni nostri, vicesimo- tertio. WiUiam Earl of Orkney and Cathness having also infeft Sir Oliver Saintclair of Roslin, his son of a second marriage, begotten on Marjory, daughter to Alexander Sutherland of Dumbeth, in aU his baronies lying within the sheriffdoms of Edmburgh, Fife, and Stryvelyne, to the prejudice of William Saintclair of Newbrugh, his eldest son of the first marriage, begotten on Elizabeth, daughter to Archibald Earl of Douglas, Lord Galloway and Annandale, widow to John Earl of Buchan, Consta ble of France, who was son to Robert Duke of Albany, Governor of Scotland : It was sustained by Newbrugh, post excessum patris, that the disposition made by his deceased father was null, Imo, In respect he was the only child that had the undoubted title to those lands by the common law, as being heir to the deceased Earl, and so could not be prejudged by any private deed made in be half of the younger children ; since the collector of our Re giam Majestatem, lib. 2, cap. 27, art. 2, de successioneflii ad patrem, expresses himself thus : Si pater fuerit miles, tunc eo casu, ejus Jilius primogenitus succedit in totum ; ita quod nullus fratrum suorum partem inde, de jure, petere potest. 2do, That in the greatest rigour, and even stretching the law, his father was only allowed, by the 22d chap. art. 2, to give f liis postnatis, id est, post primogenitum natis, partem rationabilem de haereditate sua, cum consensu haeredis : Whereas he had granted to Sir Oliver the whole bulk of his estate, lying, as said is, in Fife, and towards the south of the Forth, without his consent ; and that by that means he had deprived him of his right to the succession : 72 Which was his third exception. Which right could no more have been abstracted from the heir, than the round ness from a bowl or a sphere; according to the 20th chap. art. 1, Non licet filium exhaeredare. After some replies and duplies made by the advocates, the lands in debate were divided, by the agreement of both parties, under form of instrument ; whereby Sir Ohver and his heirs resigned and gave over to William Lord Saintclair of Newbrugh, his elder brother, and his heirs, aU and haill the lands of Cowsland, with their pertinents, lying within the sheriffdom of Edinburgh ; and his lands of Dysart, within the barony of the samin ; with the lands of Ravenscraig, and castle of the same; the lands of Dubbo, Carberry, and Wilstoun, lying in Fife ; patron ages of kirks and chaplainries, office of baUery, &c. : to re main heritably with the said Wilham and his heirs per petually. And, on the other hand, WiUiam of New brugh, designed Primogenitus et Haeres Magnifici et Po- tentis Domini, Domini Willielmi Comitis Orcadiae et Ca- thaniae ; and his son Henry, likewise called Primogenitus et Haeres apparens dicti Willielmi, Domini de Newbrugh ,- renounce their interest to the baronies of Roslin, the casde of the same, and patronage of the college, or provostry, to the lands of Pentland, Pentlandmure, Morton and Moftonhall, and to the barony of Harbarshire. And both of them bind themselves to stand by one another, under the penalty of L. 5000, whereof L. 3000 were payable to the King, and L. 2000 to the Archbishop of St. Andrews, nomine poenae, within forty days; as also, under the penalty of infamy and inhabUity, and of being mensworn men, they having sworn on the Holy EvangUs the per formance of the foresaid articles. And it is thereby de clared, that Sir Oliver shall worship and honour the said William, as effeirs and accords him to do to his eldest 73 brother. And if there happen any plea or contestation betwixt the said William of Newbrugh, and William, his younger brother (of the second marriage), for the earl dom of Cathness, the said Sir Oliver shall stand neuter betwixt them, as he should do betwixt his brethren, and take no part with either of them during the quarrel. The agreement is dated the 9th of February 1481. Witnesses, WUham Archbishop of St. Andrews ; Andrew Stuart ; Lord Avandale, ChanceUor of Scotland; Colin Earl of Argylle ; John Earl of Athole ; WiUiam Bishop of Ross ; Andrew Stuart, Provost of Lincloudan; Mr. George Carmichael, treasurer of Glasgow ; Alexander Lumisden, rector of Fhsk ; and Alexander Borthwick, clerk of St. Andrews. And sealed with the seals of the Archbishop of St. Andrew's, the Chancellor's, and Argyle's ; and subscribed by the public notars. This agreement is rati fied the 18th of February 1481. Whereupon Henry Lord Saintclair, son to WiUiam Lord Newbrugh, in the first Parhament of King James IV., begun at Edhiburgh Die Ininae, sexto die mensis Octobris, and continued, is declared chief of the blood. Lord Saintclair, and heir to the Earl of Orkney and Lord Newbrugh, the 14th of January. The act is recorded in the Lower House,/o& verso 113, in the following terms : " Item, Anent Sir Henry Saintclair, that our Souve- raine Lorde, with advyce and delyverance of the estaitis of his Parhament, declares, that sene the said Sir Henry's grandschire and faider. Lords Saintclair, for the tyme are decessit, and the said Sir Henry richwise heretor to thaim ; that he is chef of that blude ; and wUl therefor that he be callit Lord Saintclair hi tyme to cum, with 11 dignities, emenents, privilegis, tenands, tenandriis belong- 74 ing thairto, efter the forme of chartars and evidents made thairupon. Whereby 'tis plain that the designation of primogenitus, which is only properly apphed to the eldest child lawftilly begotten, implies an undoubted right to the succession, so that none can succeed as long as he is alive ; but if he comes to fail, leaving no heirs de corpore suo legittime procreatis, then the succession falls of course to the elder brother remaining, qui aequali interuallo a stipite, sive communi parente, distat; deficientibus vero qui ex recta linea descendunt, ut supra, tunc haeredes collatorales veniunt ad haereditatem, ha- bita tamen distinctione aliqua proximitatis ; as we shall see afterwards. Upon which account Sir James Douglas of Heriotmur was proclaimed Earl, after his brother had been stabbed with a dagger in Stryvelyne Castle, anno 1452, because he had been declared elder brother to Archibald Earl of Murray, his competitor, and consequently heir to Earl WUliam, by the decreet of the oflicial of Lothian, to whom the debate was referred in 1447. The stoiy, which is not noticed by Hume of Godscroft, is set down in the 4th book of our records, fol. r. 57, No. 95, as follows : 75 CARTA 95, JACOBI II. CONFIRMATIONIS JACOBI DE DOUG LAS, ET ARCHIBALDI COMITIS DE MORAVIA, SUPER CER TIS INDENTURIS ET DECRETIS INTER EOSDEM FACTIS ; PRAESENTE WILL. COM. DE DOUGLAS.* Jacobus, Dei Gratia, Rex Scotorum ; Omnibus probis hominibus totius terrae suae, Clericis et Laicis, Salutem. • "William Earl of Douglas was son to James Earl thereof aud Beatrix Saint clair, daughter to Henry Saintclair of Roslin, and Earl of Orkney. He was bro ther to James Douglas of Harriotmure, Archibald Earl of Murray, Hugh Earl of Ormond, and John Lord Balveny. He married with great pomp and solemnity Margaret, daughter to Archibald Earl of Douglas, by the approbation of the King and Parliament, not so much in respect of her beauty, as her fortunes, and had the lands not tailzied, in Galloway, Annandale, Balveny, and Ormond, falling from the heirs-male, to be her portion ; ratified to him in an Assembly of the Three Estates, convened at Edinburgh the 11th of February 144-9. As is clear from a Charter of King James H., recorded in the registers, fol. ver. 62, No. 105, lib. 4. ; which begins the 20th of December, and ends the 27th of June, 1452. Jacobus, Dei Gratia, Rex Scotorum ; Omnibus probis hominibus suis ad quos praesentes litterae pervenerint, Salutem. Sciatis quod concessimus, coram tribus Regni nostri statibus, in pleno parliamento nostro tento apud Edinburgh, Anno et mense subscriptis ; ac concedimus per praesentes, carissimo consanguineo nostro WiUielmo Comiti de Douglas et Avandale, et suis assignatis, pro suo fideli servitio nobis impenso et impendendo, maritagium Margaretae de Douglas, consan guineae nostrae, filiae quondam Archibaldi Comitis de Douglas ; cum universis et singulis terris, redditibus, firmis et possessionibus, quae ad maritagium ipsius, juste et secundum leges Regni debent pertinere. Quare universis et singulis quorum interest vel interesse poterit, stricte praecipiendo mandamus, quatenus dicto WiUielmo et suis assignatis, in omnibus et singulis dictum maritagium tan- gentibus sint intendentes et respondentes, sub omni poena quae competere poterit in hac parte. Bemisimus etiam, ac per praesentes remittimus, praefato WiUielmo Comiti de Douglas, pro suis benemeritis, ac pro pluribus continuis servitiis nobis hactenus multipliciter impensis, omnes et singulas summaa wardarum, releviorum, albarum firmarum, eschaetarum, curiarum, arreragiar. ac proventuum et coramo- ditatum, ratione wardae vel relevii, quarumcunque terrarum pertinent, praefato WiUielmo Comiti, nobis aut praedecessoribus nostris spectant. seu ad quas nos vel haeredes nostri habuimus, vel habere potuissemus, aut in futurum habere poteri- mus juris titulum, vel clameum aliquod, quacunque ratione, ante legittimam in- 76 Sciatis nos duas litteras ; unam vid. litteram indenturae, factam inter dilectos consanguineos nostros, Archibaldum Comitem Moraviae, ex parte una, et Jacob um de Doug las, fratrem germanum dicti Comitis, ex parte altera ; et aliam litteram, decreti et declarationis dilecti clerici nos tri Magistri Nicholai de Otterburne, officialis curiae Sancti Andreae, infra partes laudoniae, nostri secretarii ; de mandato nostro visas, lectas, inspectas et dUigenter examinatas, sanas, integras, non rasas, non cancellatas, nee in aliqua sui parte suspectas, ad plenum intellexisse : Quarum tenor indenturae sequitur in hunc modum : " Yis indenture, made at Edinbrugh ye 25th daye of August, ye yher of God 1447 yhers, betwix nobil and mytti men Archbald of Douglas Erie of Murraue, on ye ta parte, and James of Douglas of Heriotmure, broyr german, on ye toyr parte, befoir a ryt worschipfiil and mytti ladye, the Countase of Douglas and of Avandale ; and alsa in the presince of a hee and a mytti lorde, Wi- liam Erie of Douglas and of Avandale, Lorde of Gal way, &c. And of yar consent and ordainance, it is ac- corditt betwix ye said partiis, in fourme and manir after fallowand : Yat is to say, yat ye forsaid Archbald and Jamys ar oblist, and be yir indenturs oblis yaun, the haily evangil twichit leleli and treuli, but fraude or gyle, ti'oituiu dicti carissimi consanguinei nostri Willielmi Comitis de Douglas, in terris sibi pertinent, usque in diem confectionis praesentium litteramm ; quas summas, de ipso aut patre suo, vel praedecessoribus suis potuissemus clamasse quacunque ratione. De quibus quidem summis praemissis, fatemur nos esse solutos et con- tentos, praefatumque carissimum consanguineum nostrum, suos haeredes, executsres et assignatos, de summis, proventibus, redditibus et commoditatibus prae&tis, pro nobis, haeredibuis et successoribus nostris, quietos clamamus in perpetuum. Da tum sub magno Sigillo nostro, apud Edinbrugh, undecimo die mensis Februarii, Anno Domini 1 449, et Regni nostri decimo-tertlo. He was a professed enemy to the Crichtons and Livingstons, who were then rulers ; by whose contrivances he perished in 1 458. 77 caviUation, exception, contradiction or dissate ; yat yai sal stande and abyde at ye ordainance, delyverance, determination and decrete of ye said lorde, Erie of Douglas, of his moder, and yair consule ; quhilk of yam, be ye said lorde and his consule forsaid, is declaritt first borne, yat ye toyer of yam, in tyme cumin, sal evermare, for him, his ayrs and his successours, hald firme and staible ye said determination, delyverance, ordainance and decrete ; and never, in na tyme revok, againsay or with- stande ye said delyverance, in privie or in aperte, in ye lawe or be ye lawe, na clame to the heritage, na in na pairt of it in ye contrair of ye said decrete and declaration of ye said lorde, Erie of Douglas, and of his consule : Re- nunciand in yis pairt eyer of ye said pah'ts, all privilegis of lawe, lettres, buUes of ye Pape or cardinals, and sta- tuts of ye kynryk, ye quhilks myt profit til ony of ye said pairts, or be schaithful or hyndering to ye toyer of yaim, or yair airs, or engendre prejudyce. And attour it is accordit, yat ye said partus are submittit, and submits to ye said lorde and his consule, in ye distribution of any lands, possessions, or gudes, movabil or unmovabil quhat- somever it be pleasand to him for to gif or distribut, gif it sal happ3Ti ye said lorde erle to decesse withoutyn ayrs of his body lauchfulhe to be gottin, or any yrar yat em- plese, or may emplese to him ; and nevir in tyme to cum, be yam na be yair airs, na nane uyirs in yair naim, in jugement, na utouth, privaly or in apert, for to with stand or againsay ye forsaid ordainance, delyverance, dis tribution or gyft ; bot firmely to byde yairat, but fraude or gyle, or ony exception. And attour, ayer of ye said partus is oblist to the said lorde, yat yai sal mak and scale al and sindrie evidents and obligations til uyeris yat sal be sene spedeful to ye said lorde and his consule, and his said derest moder, quhat tyme yat be yaim ony of ye said 78 partiis be requirit yairto. Ye quhUk conditions and poynts, all and sindir befoir written, leleli and treuh to kepe, but fraude and gyle, as said is, ye haly evangel twicht, baith ye said partiis, in presince of al and sinder ye persons underwrytin, has given bodaly aith. In wit- nising of ye quhUk thing, the sele of ye said Archibald and Jamys interchangiblie ar put to yir indenturs, togid- der with ye sele of ye said hee and mytti Ladie, and of ye said Lorde Erie of Douglas, of Alexander Erie of Craw furd, Alexander Lorde Montgumerie, Laurence Lorde Abernethie in Rothemey, John Lorde Lyndesay of ye Byers, Mastir Jamys Lyndesay, person of Douglas, Ro bert Flemyng, Lorde of Cumbernauld, Thomas of Cran ston of yat ilk. Sir John WaUace of Cragie, Sir Jamys Achinleck of yat ilk, knichts ; John of St. Michael, and Jamys of Parkle, of ye said partiis, in wytnising of ye fore said thyngs, instantly procurit, ye yere, daye, moneth and place befoir wryttin. Ye comon sele of Edinbrugh, and the official sele of Lothian, as said is, procurit, heirto are put." Alterius vero litterae decreti, praefati magistri Nicholai de Otterburne, tenor sequitur, sub hac forma. Universis sanctae matris ecclesiae filiis, ad quorum notitias praesen tes litterae pervenerint, Nicholaus de Otterburne, magis ter in artibus, licentiatus in decretis, Canonicus Ecclesiae Glasguen. ac Officialis curiae Sancti Andreae, infra partes Laudoniae, salutem in omnium Salvatore. Noverit uni versitas vestra, quod nobilium virorum, Jacobi de Doug las et Archibaldi* de Douglas, Comitis de Moravia, fra- * This Earl Archibald followed his brother the Earl of Douglas in all his incur- sions : , At last, in an inroad made upon the West Marches, he was slain at Arkin- holme, where the Earl of Ormond was taken prisoner ; Douglas, with the Lord Balveny, escaping, with great difficulty, into a forest. Part of Murray's and Or- mond's lands were given by King James II. to the Scot and Batison, who were present at the skirmish ; as we lue informed by the following charters ;— 79 trum germanorum et gemellorum, inter quondam bonae memoriae Jacobum, olim Comitem de Douglas, et domi- Jacobus, Del Gratia, Rex Scotorum ; Omnibus— Sciatis nos dedisse, conces sisse, et hac praesenti Carta nostra confirmasse dilecto nostro Waltero Scot de Kirkurde militi, pro suo fideU servitio nobis impenso et impendendo, et pro eo quod interfuit in conflictu de Arkinholme, in occisione et captione nostrorum rebeUium, quondam Archibaldi et Hugonis de Douglas, oUm Comitum Moraviae et Orraon- diae, et aliorum rebeUium nostrorum in eorum comitiva existentium, ibidem cap- torum et interfectorum ; totas et integras terras de AJbintoune, Phareholme, et Glengonaryg, cum pertinentiis, jacent. in Baronia de Crawfurde-John, infra vice comitatum nostrum de Lanark. Te7i£nd. et Habend. totas et integras praedictas terras, cum pertinentiis, praedicto Waltero, haeredibus suis et assignatis, de nobis, haeredibus et successoribus nostris, in feodo et haereditate in perpetuum ; per om nes rectas metas suas antiquas et divisas, prout jacent in longitudine et latitudine ; in boscis, planis, moris, maresiis, viis, aquis^-et cum curiis et earum exitibus, he- rezeldis, bludewittis et merchetis mulierum ; ac cum omnibus aliis et singulis libertatibus — ad praedictas terras, cum pertinent, spectant. seu juste spectare valentibus quomodoUbet in futurum ; libere, quiete, plenarie, integre, honorifice, bene et in pace, sine aUquo retinemento, seu obstaculo quocunque. Faciendo inde annuatim dictus Walterus, haeredes sui et assignati, nobis, haeredibus et successo ribus nostris, servitia de dictis terris debita et consueta. In cujus rei testimo nium, praesenti Cartae nostrae, magnum SigiUum nostrum apponi praecepimus, Testibus, Reverend, in Christo Patribus, Georgio Episcopo Brechinensi, Cancel lario nostro ; Thoma Episcopo Candidae Casae, nostri secret! Sigilli Custode ; dilectis consanguineis nostris, Jacobo domino Levingston, magno Camerario nos tro ; Thoma domino Erskyne, Patricio domino Grahame, Andrea domino de Gray, WilUelmo de Moravia de Tullibardine ; magistris Johanne Arrous, Archi diacano Glasguensi, nostro Secretario, et Niniano Spot, nostrorum computorum Rotulatore. Apud Edinburgh, vicesimo-secundo die mensis Februarii, Anno Domini 1458, et Regni nostri, vicesimo-tertio. CARTA 16, JACOB! II. FOL. v. 21, JOHANKI BATISON. JactAus, Dei Gi'atia — Omnibus— Sciatis nos dedisse— dilecto et fideli nostro Johanni Batison, pro singular! favore quem gerimus erga eundem Johannem, pro CO quod interfuit in conflictu de Arkinholme, in occisione et captione nostrorum rebeUium, quondam Archibaldi et Hugonis de Douglas, Comitum Moraviae et de Ormonde, «t aliorum rebeUium nostrorum in eorum comitiva existentium, ibidem captorum et interfectorum ; duas marcatas, cum dimidia marcata terrae, terrarum de Dalbech, cum pertinentiis, jacent, in baronia de Wester-Ker, infra vicecomita tum de R(jxbrugh. Tenend et Habend. dictas duas marcatas, cum dimidia mar- 80 nam Beatricem, ejus sponsam genitorum, de ortu priori nonnuUis dubitantibus ; ac propterea comparentibus coram nobis pro tribunali sedent. magnifico et potenti domino, domino WilUelmo Comite de Douglas, nomine et ex parte Jacobi de Douglas antedicti, fratris sui, cum cau- tione praestita de rato habendo ; et ex parte adversa, recepta et admissa ex una parte, et nobUi viro Archi baldo de Douglas, Comite de Moravia antedicto, ex altera parte : desiderantibus et petentibus declarationem in praemissiis, nostra authoritate judiciaria interveniente, eis fieri in casu cujuscunque haereditatis, cuicunque eorum gemellorum in futurum contingent. Unde nos, hujus modi petitionibus annuentes, certas probas mulieres, una cata terrae, dictarum terrarum de Dalbech, cum pertinentiis, praedicto Johanni et haeredibus, de nobis, haeredibus et successoribus nostris, in feodo et haereditate in perpetuum ; per omnes rectas metas suas antiquas et divisas, prout jacent in longi tudine et latitudine — cum omnibus et singulis libertat. commoditat. et aysiamen tis, ac justis pertinentiis suis quibuscunque, tam non nominatis quam nominatis, ad dictas duas marcatas, cum dimidia marcata terrae, cum pertinentiis, spectanti bus, seu quovismodo juste spectare valentibus in futurum ; Ubere, quiete, plenarie, integre, honorifice, bene et in pace, sine aliquo retinemento sen obstaculo quocunque. Faciendo inde annuatim dictus Johannes et haeredes sui, nobis, haeredibus et suc cessoribus nostris, servitia de dictis duabus marcatis, cum dimidia marcata terrae, cum pertinentiis, debita et consueta. In cujus rei testimonium, praesenti Cartae nostrae magnum SigiUum nostrum apponi praecepimus. Testibus, Reverendis in Christo Patribus, Georgio Episcopo Brechin. CanceUario nostro ; Thoma Episcopo Candidae Casae, nostri secreti SigilU Custode ; dilectis consanguineis nostris, Patri cio domino de Grahame, Patricio domino Glamys, Andrea domino de Gray, Patricio domino Hales, WiUielmo de Moravia de TuUibardine ; magistris Johanne Arrous, Archidiacano Glasg. Secretario nostro, ct Niniano de Spot, Canonico Dunkeld. nostrorum computorum Botulatore. Apud Perth, vicesimo die mensis Octobris, Anno Domini 1458, et Regni nostri vicesimo-secundo. The said King James grants " Nicholao Batison, pro eo quod interfuit in con flictu de Arkinholme, in occisione et captione Comitum Moraviae et de Ormonde, duas marcatas, cum dimidia marcata terrae, terrarum de Dalbecli, cum pertinentiis, jacent. in Baronia de Wester-Ker, infra vicecomitatum de Roxburgh. Tenend. as before. Reddendo inde servitia debita et consueta. The witnesses, date, place, and tenor, as before in Carta frairis sui. 81 cum matre eorum fratrum, coram nobis, magno jura- mento interveniente, juratas, diligenter examinavimus quae in hujusmodi ortu dictorum gemellorum interfue- runt. Per quarum depositiones comperimus, et per prae sentes pronunciamus, decernunus et declaramus, dictum Jacobum de Douglas seniorem praefato Archibaldo fr'atri suo gemello esse et fuisse, et hoc omnibus quorum inte rest notum facimus per praesentes. In quorum omnium et singulorum fidem et testimonium praemissorum, sigil- lum officii nostri officialatus Laodoniae, praesentibus est appensum, una cum subscriptionibus notariorum subscrip- torum, in eodem nostro decreto, et testium examinatione nobiscum assistentium. Apud Edinbrugh. die mensis Augusti 26, Anno Domini 1447, indictione decima, Pon tificatus SS. in Christo Patris, domini nostri Nicholai, divina providentia Papae, V. anno primo. Coram hiis testibus, viz. dominis Alexandro de Crawfurde, Alexan dro domino Montgomery, Johanne domino Lyndesay de Byres, Johanne Wallace domino de Craigie, Jacobo de Achinleck, de eodem, Militibus ; magistro Jacobo Lyn desay de Colventoun, Rectore de Douglas, Thoma de Cranston, de eodem, Johanne de Sancto Michaele de Quicister, Thoma de Cranston, WiUielmo de Cranston, WilUelmo de Liberton, Thoma de Berwic, WiUielmo Cameron, Alexandro Naper, Lanceloto Abernethy et Johanne de Lancaston ; cum multis aliis testibus, ad praemissa vocatis specialiter et rogatis. Et ego WUlielmus Arous, Presbyter S. Andreae dio cesis, publicus authoritate Imperiali Notarius, super- scripti decreti dationi, et praem. citationi, testium examinationi, dictarum partium requisitioni, ac earum de rato habendo obUgationi ; caeterisque omnibus et 82 singulis supradictis, dum sic, ut praemittitur, ageren tur et fierent, una cum praenominatis testibus, ac dominis notariis subscriptis, praesens personahter interfiii ; eaque omnia et singula sic fieri vidi, scivi et audivi, et in notam sumpsi. Ideoque hie me ad petitionem dicti domini Comitis, et de mandato dicti domini Judicis, una cum Notariis subscriptis, sub- scripsi, et in notam recepi, ac in hanc praesentem formam redegi ; signumque meum solitum et consue tum, una cum appensione sigilli officii officialatus Laodoniae Judicis antedicti, apposui, rogatus et re quisitus, in fidem et testimonium omnium et singulo rum praemissorum approband. Cum aUis, istud verbum [yicesimum-sextum'] inter quartam etquintam lineas, computando a fine. Et ego Robertus Michael de Hirdmanston, Clericus S. Andreae, diocesis, publicus authoritate Imperiali No tarius, praemissis omnibus et singuhs, dum sic, ut praemittitur, agerentur, dicerentur et fierent, una cum praenominatis testibus, et domino Notario su- prascripto, praesens fui ; eaque omnia et singula sic fieri vidi, scivi et audivi, et in notam recepi : Ideoque hie me subscripsi, signumque meum solitum et con suetum apposui, rogatus et requisitus, in fidem et testimonium veritatis omnium praemissorum. Et ego David Rede, S. Andreae diocesis, publicus au thoritate Imperiali Notarius, praemissis omnibus et singulis, dum sic, ut praemittitur, agerentur, diceren tur et fierent, una cum dominis Notariis suprascrip- tis, et testibus praenominatis, praesens personaUter interfui ; eaque omnia et singula sic fieri vidi scivi et audivi, ac in notam sumpsi : Ideoque sic me sub- 83 scribens, signo meo soUto et consueto, signavi, roga tus et requisitus, in fidem et testimonium veritatis omnium et singulorum praemissorum. Quas quidem Utteras indenturae et decreti, ac omnia et singula in eis contenta, in omnibus punctis suis et articu- hs, conditionibus et modis, ac circumstantiis suis quibus cunque, forma pariter et effectu, in omnibus et per omnia approbamus, ratificamus, ac pro nobis et successoribus nostris, ut praedictum est, in perpetuo confirmamus; salvo nobis jure nostro, ante praesentem confirmationem nobis debito et consueto. In cujus rei testimonium, prae senti Cartae nostrae confirmationis, magnum SigiUum nos trum apponi praecepimus. Testibus Reveren. in Christo Patre, WiUielmo Episcopo Glasguen. WilUelmo domino Creichton, nostro Cancellario et consanguineo praedUec to ; carissimis consanguineis nostris, WUlielmo et Geor gio de Douglas et de Angus, Comitibus; venerabUi in Christo patre, Andrea Abbate de Melross, nostro The- saurario et Confessore ; dUectis consanguineis nostris. WilUelmo domino Somervile, Andrea domino de Gray, Magistro Nicholao de Otterburne, nostro Secretario, et Johanne Arrous, Archidiacano Glasguen. Apud Linlith gow, nono die mensis Januarii, Anno Domini 1449, et Regni nostri decimo-tertio. The very same reason likewise induced Edward I. to pre fer John Balliol to Robert the Bruce, and the other pre tenders to the Crown, because he was descended of the eldest daughter, and consequently of the sole heir to David Earl of Huntington ; quia Nepos ex Filio natus, representat personam sui Patris, et succedit Avo suo, eodem modo quo Pater si vixisset: etfctione quadam juris, Patris sui vita de- 84 fundi praesentiam exhihet, ac si esset adkuc vivus ; quia de jwe, Nepotes, subductojilio, rediguntur ad conditionem jilii. The history of this famous debate, which set England on fire, and had almost destroyed Scotland, hath not been faithfully related by our writers : Wherefore, I shall here give an account thereof, in few words, and as far as con cerns my design. The direct royal line of Scotland failing in Margaret, maiden of Norway, two powerful competitors claimed, at home, the crown, viz. John Balliol, Lord Harcour and Galloway, as grandchild to Margaret, eldest daughter to the Earl of Huntington, brother to Malcolm and WUliam, Kings of Scotland ; and Robert, surnamed the Elder, son to Robert the Noble, Lord Cleveland and Annandale, as son to Isabel, second daughter to the said Earl. The Balliol's right flowed from an elder daughter, yet he was in a third degree from the deceased Earl ; to whose line they were forced to run back : Whereas the Bruce, son to the second daughter, was in the second degree to Earl David ; and so pretended to succeed, preferably to Dor- nergilla, who was in the same degree, as male, who ex cludes, in feudal succession, the female ; quia generaliter verum est, quod mulier nanquam cum masculo partem capit in Jiaereditate aliqua, Reg. Mag. cap. 30, art. 2 ; and to John Balliol her son, because he was a degree nearer to Earl David. Which agreeth with the 33d chap, of the said laws de Jillo postnato, et nepote ex primogenito fiio, art. 2, 3, et 4. The questions moved by the Bruce, were already an swered by the 5th art. of our said laws, chap. 33, Aliis vero visum est contrarium, viz. talem nepotem, de jure, patruo esse prarfcrendum. And art. 6, aim enim nepos ille ex Jilio j)rimogcnito cxierit, et de corpore suo cxtitcrit, ¦ 85 haeres in totum jus quod pater suus fiaberei, si adkuc viveret, ipse nepos debet succedere patri suo. The reason expressed by the law is. Nam si quis moritur, relicto post se Jilio, et nepotibus ex altero Jilio primogenito, vel prius genito, prae- mortuo i nepotes succedunt avo in stirpes, jure repraesenta- tionis. Nevertheless, the right of the succession was made doubtful, and the kingdom was drawn into two equal fac tions ; so that the controversy, which could not have been settled in Scotland without involving the nation into a most pernicious civil war, was referred to Edward Langshanks, King of England. Whereupon he held an assembly at Norham, Dunelm. diocesis, in confiniis Scotiae, Anno 1291, Indidione ita, mensis Maii, die decimo. Here he shewed, per diversas chronicas, in diversis utriusque Regni Monasteriis compertas, that he was superior, and directus Dominus Regni Scotiae. His pretensions, ground ed upon the fabulous Brutus, were allowed at UpsetUngton, belonging to the Bissets, S. Andreae diocesis, the 22d day of June, by the Bruce and his adherents, whilst BaUiol was absent. Praesentibus venerab. in Christo patribus, do minis Antonio Dunelm. WilUelmo Elliensi, WilUelmo S. Andreae, Roberto Glasgw et Marco Soderensi, Episcopis .- Ac nobilibus viris, WilUelmo de Valencia de Pembroke, Henrico de Lacy Lincoln, Donaldo de Mar, Gilberto de Angus, Roberto deBrois de Carrick, comitibus — Ac nobilibus viris, Waltero de Bello Campo, WilUelmo de Sancto Claro, Patricio de Grahame, WilUelmo de Moravia, Militibus. The Balliol, who arrived the day following, acknowledged also the King's authority over Scotland, first at UpsetUng ton in the Merse, then at Norham on Tweedside, in Eng land. All having unanimously submitted their claims to King Edward, as Sovereign, and direct lord superior of Scotland, and promised, in the most full and ample 86 terms imaginable, to adhere to his definitive sentence. The Tuesday following the Ascension 1291, a nomination was ordered to be made of forty barons by the BaUiol, and of as many by the Bruce. To which number King Edward added twenty-four, for hearing all debates. The jury being thus constituted, the court was adjourned to the 6th of June, and appointed to meet at Berwick the 2d day of August following. In the mean time, our castles were delivered up to the English, Alan Bishop of Cathness was named ChanceUor, and our countrymen swore fealty to the King of England, Upon Thursday the 2d day of August 1291, a Parlia ment of both nations met at Berwick, as it was appointed, in the church of the Blackfriars ; there Florence, Earl of Holland, Patrick Dumbar, Earl of March, William de Vescy, William de Ross, Robert de Pinkny, Nicolaus de Soules, /Patrick Galightly, Roger de MundevUle, John Cumin, Lord Badenoch, and John de Hastings, Lord Bargaveny, dropt their respective claims and titles. After which John BalUol Lord Galloway, made his address to the king and lords, as follows. BALLIOL'S CLAIM. Coram Domino Rege Angliae, capitali domino Scotiae, et coram auditoribus electis ; petit Johannes de Balholo, jus suum de Regno Scotiae, de saisina antecessoris sui, David nomine, qui fuit Rex et regnavit. Unde de eodem David descendit jus, et descendere debuit, cuidam Hen rico, ut filio et haeredi. De eodem Henrico descendit jus Malcolmo, ut filio et haeredi, et regnavit, et obut sine haerede de corpore suo. Unde, de Malcolmo, descendit jus, et debuit descendere, WUlielmo, ut fratri et haeredi. 87 De WiUielmo, qui regnavit, descendit jus, et debuit des cendere, Alexandro, ut filio et haeredi. Alexander reg navit, et descendit jus, et decendere debuit, Alexandro, ut filio et haeredi, qui ultimo obut Rex. De Alexandro descendit jus, et debuit descendere, Alexandro, ut filio et haeredi. Alexander obiit sine haerede de corpore suo, et descendit jus, et debuit descendere, David, ut fratri et haeredi. David obut sine haerede de corpore suo, et des cendit jus, et debuit descendere, Margaretae, ut sorori et haeredi. De Margareta descendit jus, et debuit descendere, Margaretae, ut fihae et haeredi, filiae Regis Norwagiae. De Ula Margareta, quia obiit sine haerede de se, resortie- batur jus, et debuit resortiri, Margaretae Marjoriae etlsa- beUae, ut consanguineis et uni haeredi, si Regnum esset partibUe, sororibus Alexandri, proavi Margaretae filiae Regis Norwagiae : et quia Regnum non est partibile, re- mansit jus, et debuit remanere de integro, Marjoriae, ut sorori antenatae praedictae Margaretae, et haeredi. De ilia Marjoria descendit jus, et debuit descendere, quia obiit sine haerede de corpore suo, cuidam Isabellae, ut sorori et haeredi. De Isabella resortiebatur jus, et debuit re sortiri, cuidam David, ut avunculo et haeredi, fratri Regis WUlielmi, patri ejusdem Isabellae. De David descendit jus, et debuit descendere, Henrico, ut filio et haeredi. Henricus obiit sine haerede de corpore suo. Unde de eodem Henrico, descendit jus, et debuit descendere, cuidam David, ut fratri et haeredi. David obiit sine hae rede de corpore suo. Unde de ipso David descendit jus, et debuit descendere, cuidam Johanni, ut fratri et haeredi. Johannes obiit sine haerede de corpore suo. Unde de eodem Johanne descendit jus, et debuit descendere, Mar garetae, Isabellae, Mathildae et Adae, ut sororibus et uni haeredi, si Regnum esset partibile : et quia Regnum non est partibile, descendit jus de integro Margaretae, 88 sorori antenatae dicti Johannis, ut sorori et haeredi. De Margareta descendit jus, et debuit descendere, cuidam Thomae, ut filio et haeredi Thomas obiit sine haerede de corpore suo. Unde de ipso Thoma descendit jus, et debuit descendere, Christianae et Dervolguldae, ut soro ribus et uni haeredi, si Regnum esset partibile : et quia Regnum non est partibile, descendit jus de integro Chris tianae praedictae, ut sorori antenatae Thomae, et haeredi. Eadem Christiana obiit sine haerede de corpore suo. Unde de eadem Christiana descendit jus, et debuit des cendere, Dervolguldae, ut sorori et haeredi. De Der- volgulda descendit jus, et debuit descendere, Hugoni, ut filio et haeredi. Hugo obiit sine haerede de corpore suo, et descendit jus, et debuit descendere, Alano, ut fratri et haeredi. Alanus obiit sine haerede de corpore suo. De quo descendit jus, et descendere debuit, Alexandro, ut fratri et haeredi. Alexander obiit sine haerede de cor pore suo. Unde de ipso descendit jus, et descendere de buit, Johanni de Balliolo, ut fratri et haeredi : Qui modo petit jus suum, ut iUi qui exiit de sorore primogenita, de Regno impartibili. Et supplicat domino Regi et suo con- cilio, et aliis electis, quod velint jus suum decidere secun dum leges et consuetudines Scotiae, et sibi justitiam ex hibere : Salvo sibi jure addendi et diminuendi, secundum leges et consuetudines Scotiae. Balliol having thus ended, and the Bruce aUowed au dience, he spoke to this purpose. BRUCE'S CLAIM. Coram Vobis Domino Edwardo, Dei Gratia, Rege Angliae Ulustri, et Superiori Domino Regni Scotiae; 89 Monstrat Robertus de Bruys, Dominus Vallis Annandiae, quod ipse est rectior et propinquior haeres Regni Scotiae, cum pertinentiis : Quia Rex Willielmus, Rex Scotiae, antecessor suus, frater Comitis David de Huntington, fuit saisitus de ipso Regno in dominico suo, ut de feodo et jure, cum pertinentus, tempore pacis, tempore Henrici Regis Angliae, qui vocabatur Jilius imperatricis ; et tem-- poribus Regum Richardi et Johannis, filiorum suorum. Et idem WUlielmus regnavit Rex in Scotia, tempore suo,. et pacifice obiit Rex saisitus. De eodem WUlielmo descendit Regnum Scotiae Alexandro filio suo, ut filio et haeredi ; qui regnavit, et obiit Rex saisitus. De eodem Alexandro descendit Regnum Alexandro filio suo, ut filio et haeredi ; qui regnavit, et obiit Rex saisitus. Ille idem Alexander habuit duos filios, Alexandrum primo genitum, et David secundo-genitum, et unam filiam, quae vocabatur Margareta, quae fuit Regina Norwagiae : qui fiUi obierunt, vivente patre, et nullum statum exspectave- runt regnandi in Regnum Scotiae. Ilia Margareta ha buit unam filiam de Rege Norwagiae, nomine Marga- retam : cui praedictus Alexander Rex Scotiae, avus suus, in vita sua, post mortem liberorum suorum, fecit probos homines terrae suae jurare, et affirmare per scriptum, ad tenendum eam pro Domina Regni Scotiae, si decederet sine haerede de corpore suo. Quae quidem Margareta obiit sine possessione corporali Regni Scotiae exspectan- da, et sine haerede de corpore suo. Post quam Margare- tam nihil remansit de exitu praedicti Regis WiUielmi, in linea descendente ; per quod Regnum Scotiae, cum per tinentiis, debuisset, per legem et justitiam, resortitum fuisse Comiti de Huntington, postnato fratri praedicti Regis WUlielmi, si statum regnandi in Regnum Scotiae exspectasset. Qui quidem David habuit tres filios, Hen- ricum, David, et Johannem qui fuit Comes Cestriae, qui 90 omnes obierunt sine haeredibus de corporibus suis, et sine statu regnandi in Regno Scotiae exspectando. Ille idem David habuit etiam quatuor filias, MathUdam, quae obiit sine haerede de corpore suo ; Margaretam, Isabel- lam et Adam : De Isabella exivit Robertus de Bruys qui modo est, qui petit Regnum Scotiae. Propter quod idem Robertus dicit. Quod Regnum Scotiae debet resor tiri ad eum, sine medio, per legem et justitiam, ut pro- pinquiori in gradu de sanguine Regis Alexandri, qui ultimo obiit, et Margaretae filiae Regis Norwagiae supra dictae, in linea coUaterali, ut de sanguine RegaU Scotiae legittimo. Quod quidem Regnum Scotiae, cum perti nentiis, dictus Robertus de Bruys clamat tenere, Ubere, in libertate Regni, de Vobis Domino Edwardo Rege Angliae, et de Corona Angliae, haereditarie, in perpe tuum. Et monstrat vobis, quod Rex Alexander, filius Regis Willielmi praedicti, desperans de haerede de cor pore suo, tenuit dictum Robertum rectum haeredem suum, si ipse decederet sine alio haerede de suo corpore ha bendo : Et pro tali definivit, ex assensu proborum homi num de Regno suo ; et pro tali ipsum prommciavit coram eis, de quibus plures adhuc sunt superstites qui de hoc testimonium poterunt perhibere. Et Rex etiam Alexan der qui ultimo obiit, tenuit ipsum pro tali, et id pluribus specialibus suis dedit intelligi, si exitus de ipso deficeret. Et propterea, omnes probi homines de Scotia sunt jurati propinquiori de sanguine Regis Alexandri qui ultimo obiit, qui de jure haereditare debebit, si dicta Margareta, filia Regis Norwagiae, sine haerede de corpore suo obi- ret. Unde supplicat dominatione vestrae, quod secun dum formam petitionis suae, sibi velitis plenam justitiam exhibere, sicut ad vestram pertinet dignitatem : Salvo sibi jure in omnibus, addendi, mutandi et diminuendi, secundum quod attendet suo profectui convenire. 91 The 15th of October 1292, the estates being assembled again at Berwick, and the King set in his throne of ma jesty, he asked the two pretenders if they had any thing more to propose for supporting their rights ? The Bruce instantly enlarging his former discourse, said : — BRUCE'S ANSWER. Quod quaestio super jure regnandi habet judicari et terminari per jus naturale, per quod Reges regnant, et non per leges et consuetudines inter subditos usitatas : per quod quidem jus naturale, proximior in sanguine, linea coUaterali, melius jus habet regnandi. Dicebat etiam. Quod lex et consuetudo quae sunt inter tenentes et subditos, superiorem ligare non possunt, praecipue Re- gem suum. Unde [dixit) quod licet in haereditatibus partibiUbus, secundum leges et consuetudines inter sub ditos observatas, primogenita aliquam habeat praerogati- vam ; in Regno tamen impartibili, ubi proximorum in sanguine Regali legittimus, tempore vocationis Regni inventus, secundum jus naturale, est praeferendus, pri mogenita nuUam habet, nee habere debet, praerogativam. Dixit etiam, Quod consuetudo succedendi in Regnum Scotiae plene facit pro eo ; quia usitatum est in Scotia, quod frater Regis praecedentis, praeferendus est ejus filio in successione Regni Scotiae, ratione proximitatis in gradu. Et ad hoc quaedam antiqua produxit exempla, viz. Quod quidam Dovenaldus, frater Kineth Mac-Alpin, regnavit immediate post fratrem suum, excluso Constan tino, primogenito praedicti Kineth ; et hoc, ratione pro- pinquitatis sanguinis ipsius Alpini. Et post praedictum Dovenaldum, regnavit Constantinus, primogenitus ipsius Kineth Mac-Alpin. Et post eum regnavit Eth, frater 92 ejus senior, excluso Dovenaldo, filio praedicti Constan- tini. De quibus Constantino et Eth, fratribus et fihis praedicti Kineth Mac-Alpin, descenderunt omnes Reges qui postea regnaverunt in Scotia usque modo. Et sem per sicut erant propinquiores in gradu, regnabant, quili- bet post alium, usque ad tempus Regis Malcolmi, viri Sanctae Margaretae Reginae. Et adhuc, post praedic tum Malcolmum, quidam frater ejus regnavit, excluso filio dicti Malcolmi. Et adduxit ultra, similiter idem Domi nus Robertus, quaedam alia exempla, de consimiUbus suc- cessionibus in quibusdam aliis terris et regionibus : ut- pote de Comitatu Sabaudiae, et Regno Hispaniae. Dixit etiam. Quod mulier regnare non debet, quia officium regi- minis exercere non potest : Et tempore quo praedictum Regnum vacavit, post mortem Regis Alexandri, ultimi Regis Scotiae, fuit Dervolgulda, mater praedicti Johannis de Balliolo superstes ; quae, ratione praedicta, regnare non potuit, nee debuit. Et sic jus ipsius Regni praedicti, Roberto, tanquam Masculo, et in aequaU gradu cum praedicta Dervolgulda, existenti, sine medio debet resor- tire, propter insufficientiam dictae Dervolguldae, quia mulier. Unde petit idem Robertus, quod habito respectu ad leges Regales, per quas Reges regnant, et regnare de bent, et etiam ad exempla per ipsum producta, quod dic tus Dominus Rex jus suum velit declarare, et sibi justi tiam exhibere. To all which BalUol, who was certainly a man of bright parts, of a great penetration, and of a sound judgment, replied, with a wonderful eloquence, above all commen dation. 93 BALLIOL'S REPLY. Quod dictum Regnum Scotiae non potest, nee debet, eidem Roberto de Bruys quovismodo, de jure, adjudicari; pro eo quod — Idem Robertus, in Petitione sua praedicta, omissionem fecit in ea parte suae Petitionis, ubi dicit. Quod jus Regni praedicti debuisset resortiri David, fratri Regis Willielmi, per mortem praedictae Margaritae de Norwagia ; nuUam faciendo mentionem de Margareta, Marjoria et Isabella, filiabus praedicti Regis Willielmi, fratris prae dicti David: Desicut nullum jus potuit nee debuit resortiri ad praedictum David, fratrem praedicti Regis WUlielmi, nisi per medium praedictarum filiarum ipsius Regis Wil lielmi. Et quo ad hoc quod idem Robertus dicit. Quod jus praedicti Regni debuit ad ipsum resortiri, sine medio .- Idem Johannes dicit prius, quod nullum jus potest de scendere vel resortiri alicui, nisi per medium rectae lineae descendentis vel ascendentis, secundum leges et consue tudines utriusque Regni. Per quod dicit, quod amisso aliquo vel aliquibus de recta linea, ascend ente vel descen dente, aliquod jus ad eum non potuit resortiri. Et quo ad hoc quod idem Robertus dicit. Quod est proximior in gradu, in eo quod dicit. Quod praedictus David habuit tres Jilias, Margaretam, Isabellam, et Adam ; de qua Margareta exivit Dervolgulda, et de ipsa, Johannes qui nunc est : et de praedicta Isabella, Robertus qui nunc petit ; et sic proximior in gradu. Per quod dicit se habere melius jus ad regnum praedictum, secundum consuetudinem quorundam Regnorum. Dicit idem Johannes, Quod quidquid dicat de aliis Regnis et Regionibus, vel de eorum consuetudinibus ; in Regnis tamen Angliae et Scotiae, in quibus Reges regnant per successionem in recta linea, et Comites et Barones eodem modo succedunt in haereditatibus suis, exitus postnatae, 94 licet in gradu proximiori, non excludit exitum primoge- nitae, licet remotiorem in gradu in ipsa recta linea, suc cessione durante. Dicit etiam. Quod ex quo praedictus Robertus concedit, quod Margareta, antecessor praedicti Johannis, fuit primogenita dicti David, et praedicta Isa bella, mater praedicti Roberti, postnata ; et quod praedic tum Regnum non est partibUe, per quod dicit, quod jus ipsius Regni, et ipsum Regnum, unicae personae debeat remanere : Videtur ei, quod in hujus modi succes sione, secundum leges et consuetudines utriusque Regni, antenata praeferenda est postnatae: et eadem ratione, exitus antenatae praeferendus est exitui postnatae, tam ratione primogeniturae quam impartibilitatis Regni prae dicti. Unde per rationes praedictas, durante exitu pri- mogenitae, nihil juris exitui postnatae accrescere potest. Et quo ad hoc quod praedictus Robertus dicit. Quod Alexander Rex Scotiae, Jilius Regis Willielmi, tenuit eum pro propinquiore haerede suo, si sine haerede de se contin- geret ipsum mori, et pro tali eum, coram Baronibus suis, recognovit ¦ Idem Johannes dicit. Quod quoad petendum Regnum praedictum, hujusmodi recognitio sibi valere non debet, etiam etsi facta fuisset : et quod idem Robertus, in Petitione sua, recognoscit, quod praedictus Alexander obiit Rex saisitus de Regno praedicto in dominico suo, ut de feodo et de jure : et quod de praedicto Alexandro, descendit jus praedicti Regni cuidam Alexandro, ut filio et haeredi, qui similiter obiit inde saisitus. Unde per recognitionem suam praedictam satis ostendit, quod ille Alexander sine haerede de se non decessit, et quod jus praedicti Regni ad filium suum, ut ad haeredem, per mor tem ipsius fuit transniissum. Et sic per recognitionem praedicti Alexandri, si quae facta fuit, nihil juris fuit sibi acquisitum. Item, Quo ad hoc quod idem Robertus dicit. Quod quaestio super jure regnandi habet terminari et 95 judicari per Jus Naturale, per quod Reges regnant, et non per leges et consuetudines inter subditos usitatas : Idem Johannes dicit. Quod per easdem leges et consuetudines, debet Dominus Rex AngUae, Superior Dominus Regni Scotiae, cognoscere et judicare de dicto Regno Scotiae inter petentes, per quas idem Rex Angliae, de terris et tenementis ad Coronam suam spectantibus, per anteces sores suos, infra Regnum suum occupatis, cognoscit et judicat, et antecessores sui cognoscere et judicare solebant ; et hoc est, per communem legem et consuetudinem Regni sui, et non per aliquas alias leges et consuetudines quales- cunque. Et quo ad hoc quod idem Robertus dicit. Quod lex et consuetudo quae sunt inter tenentes et subditos, Superiorem ligare non possunt, et praecipue Regem suum : Idem Johannes dicit. Quod praedictus Robertus non est in eo casu, in quo judicari debet per subjectum, sed per Supe riorem, scUicet per Dominum suum Regem Angliae, Supe riorem Dominum dicti Regni Scotiae; de cujus progenitori- bus, a tempore cujus non extat memoria, dictum Regnum Scotiae per hommagium tenebatur, et de ipso teneri debet : Et ipsi petentes sint in ipsius curia Regis et Domini sui, ad recipiendum jus ab eo, sicut subditi de tenementis quae ab ipso tenentur. Unde dicit. Quod ex quo sunt subject! dicto Domino suo Regi Angliae, et Coronae suae, quoli- bet jure requiritur, ut ipsi, tanquam subditi et petentes, jus ad Regnum, quod de eo tenetur, per leges et consue tudines Regni sui debeant judicari. Et dicit. Quod per easdem leges et consuetudines, primogenita habet praero gativam in succedendo, tam in haereditatibus impartibilibus quam partibiUbus. Item, Quo ad hoc quod praedictus Robertus dicit. Quod consuetudo succedendi in dicto Regno Scotiae plene facit pro eo, in hoc quod dicit. Quod frater Regis cujusdam praecedentis, praefertur illius Jilio in successione Regni, ratione proximitatis in gradu : et ad 96 hoc, quod quaedam pt-oduxit exempla : Idem Johannes dicit, Quod per hoc, quod praedictus Robertus intendit ostendere per exempla praedicta, quod frater postnatus regnavit post fratrem antenatum, ipsius filium repellendo, et hoc, ratione proximitatis, in gradu succedendi prefertur proximiori ; quia filius proximior est patri in gradu hu jusmodi succedendi, quam frater patris, secundum leges et consuetudines utriusque Regni. Et quoad exemplum quod idem Robertus dicit. Quod frater Malcolmi, quondam Regis Scotiae, regnavit immediate post ipsum Malcolmum, ejus Jilium repellendo : Idem Johannes recognoscit, quod frater praedicti Malcolmi, per aliquod tempus modo prae dicto regnavit; sed dicit, quod filius Malcolmi sic expul- sus, adivit dominum suum Willielmum Regem Angliae, et Superiorem Dominum Regni Scotiae, conquaerendo de injuria per fratrem patris sui sibi facta. Ad cujus quae- relam, Dominus Rex Angliae, fratrem praedicti Malcolmi a praedicto Regno ejecit, et filium ejusdem Malcolmi, Regem ejusdem Regni Scotiae constituit, qui post modum toto tempore suo regnavit. Dicit etiam idem Johannes, Quod post mortem ejusdem Regis filii Malcolmi, idem frater Malcolmi, iterato, se in dictum Regnum intrusit, et regnare caepit : Per quod, ad quaerimoniam cujusdam Edgari, 2, filii ejusdem Malcolmi, praedictus Rex Wil lielmus, Superior Dominus dicti Regni Scotiae, praedictum fratrem Malcolmi sic regnantem injuste, de eodem Regno Scotiae rato ejecit, et praedictum Edgar um Regem ipsius Regni constituit. Post quem omnes alii Reges Scotiae, usque nunc, per rectam lineam successionis, secundum leges et consuetudines in utroque Regno usitatas, regna verunt. Et quo ad exempla de Hispania et Comitatu Sabaudiae, dicit. Quod ilia exempla praedicto Roberto non debent valere ; pro eo quod aliae sunt et diversae leges et consuetudines in Hispania et Sabaudia, quam in 97 Regnis Angliae et Scotiae : nee Rex debet, inter subditos suos, per alias leges et consuetudines judicare, quam per leges et consuetudines Regnorum quibus praeest. Et quo ad hoc quod praedictus Robertus dicit. Quod mulier reg nare non debet, quiet officium regiminis exercere non potest .- Idem Johannes dicit. Quod si mulier regnare non debet, nee jus regnandi ad ipsam descendere seu resortiri, idem Robertus nihil juris vendicare potest in Regno praedicto; eo quod, si aliquod jus de ipso regno ad ipsum resortiri deberet, hoc esse non potest nisi per medium Isabellae matris suae : Unde dicit. Quod si nullum jus regnandi ad dictam IsabeUa,m matrem suam resortiri potuit, nee ad ipsum Robertum, nisi per eandem Isabellam, tanquam ad filiam, descendere quoquomod.o. Dicit etiam. Quod idem llobertus, in hujusmodi dicto suo, est sibi ipsi contrarius. Et quia satis notorium est, quod tam ipse Robertus, quam oinnes alu Comites, Barones, Proceres et Magnates Reg ni Scotiae, jurayerunt fidelitatem Margaretae filiae Regis sNorwagiae, quae ultimo obiit Domina et Regina dicti Regni Scotiae, et ipsam pro Regina et Domina tenuerunt. Et sic erat idem Robertus modo negando verbo, quod prius facto concesserat, quod quidem factum dediscere non potest. Unde — cum liqueat evidenter quod praedic tus Johannes sit haeres — Margaretae primogenitae prae dicti David, per rectam lineam succedendo, descendens; et concessum sit per eundem Robertum, quod praedictum Regnum est impartibile ; per quod necessario requiritur, quod hujusmodi haereditas impartibilis tantummodo uni ;Sorori et haeredi, et exitui ipsius, debeat remanere, secun dum leges et consuetudines utriusque Regni: Et si uni tantum, semper praeferenda est primogenita, et ipsius exitus, in omni hujusmodi haereditate impartibili, tam ra tione primogeniturae, quam impartibilitatis haereditatis 98 Regni petiti. Per quas etiam leges et consuetudines, nullus gradus proximitatis sanguinis in secunda linea, excludit remotiorem exeuntem de primogenita in prima linea, recte descendentem : Petit ipse Johannes, Petitio nem praefati Roberti, quoad jus succedendi in praedictum Regnum Scotiae, repelli penitus et cassari ; et secundum Petitionem suam, justitiam sibi fieri, ac jus suum, prout in Petitione sua continetur, in omnibus et singulis judicia- liter declarari, ac idem Regnum Scotiae sibi per Vos ad judicari. After this, King Edward asked of the Lords of the Council, Peers, Prelates, and Auditors, Quis istorum duorum, Roberti et Johannis, sit alteri praeferendus, in jure succedendi in dictum Regnum Scotiae, secundum praemissa hinc inde propo- sita et ostensa ? Et an remotior in uno gradu, in successione exiens de primogenita, debeat, secundum leges et consuetudines utriusque Regni, excludere proximiorem in gradu exeuntem de secundo- genita ? Vel proximior in gradu, exiens de secundo-genita, debeat, secundum leges et consuetudines ipsorum Regnorum, excludere remotiorem in uno gradu, exeuntem de primogenita f All unani mously and together answered, nullo reclamante vel contradi- cente, Quod remotior in uno gradu, linealiter descendens de primogenita, secundum leges et consuetudines utriusque Regni, praeferendus est proximiori in gradu, exeunti de secundo-genita, in qualibet haereditaria successione. Quocirca praefatus Dominus Rex, dicta responsione intellecta, sexto die mensis Novembris, die Jovis viz. proximo post Festum Omnium Sanctorum ; quia appa- rebat evidenter, dictum Robertum de Bruys jus in Petitione sua non habere, secundum formam ejusdem et naturam ; de consilio Praelatorum et Nobilium utriusque Regni, Auditorum praedicto rum, et aliorum de Concilio suo, ibidem praesentium — Judicialiter — Pronunciavit, Quod praedictus Robertus, per Petitionem suam praedictam, nihil capiat de Regno Seotiac ntemorato. 99 Then he desired John Balliol and the other pretenders to continue their Claims. At length, the 17th of Novem ber, 1292, the Peers and Auditors of both nations com pearing again in the Castle of Berwick upon Tweed, S. Andreae Diocesis; with all those that bore any authority in State or Court, sentence was given in favours of John Balliol, die Lunae, post Festum S. Martini. The reasons mentioned in the Record are: Quia compertumfuit mnnifeste, et per omnes utriusque Regni Nobiles, Praelatos, Auditores et Sapientes, consideratum et concordatum, quod praedictum Regnum Scotiae est impartibile, et uni debeat haeredi remanere. Et — quod ab omnibus utriusque Regni Nobilibus et Praelatis est approbatum, concordatum et dictum — et judicialiter declaratum. Quod remotior in gradu descendente, in prima linea, proximiori in secunda linea, in successione haereditatis impa^rtibilis, est praeferendus. Et etiam, Quod ordo successionis contentus in Petitione dicti Johan nis de Balliolo, qui est haeres in prima linea descendente, non est ab aliquo Petentium praedictorum, in aliqua sui parte dedic- tus : Idcirco, prae omnibus aliis, in successione haereditaria dicti Regni Scotiae, est praeferendus, tanquam haeres rectior Regni memorati. Prynne, P- 527. Whereupon he was crowned at Scoon, with loud ac clamations and applauses of the Commons, the 29th of November the said year, by Anthony Beck, Bishop of Durham, and placed in his Royal Seat by John of St. John ; Duncan Earl of Fife, to whom that charge by cus tom of the kingdom did appertain, being at under-age, and unable to perform those services. From all what is said, I shall draw the following conclu sions: \mo, That the bastard hath no right to any succession, smce Patrick Earl of March, William de Vescy, Robert de Pinkny, and the other competitors who derived their title from natural children to our kings, were scarcely 100 noticed. 2do, That thechUd of the second or third daughter, who are called Postnatae, was not allowed to debate with the child or lineal heir of the first daughter, designed Antenata : For which reason, Robert the Bruce and John of Hastings, the first descended of Isabel, and the last of Ada, lawful, yet younger daughters to David Earl of Huntington, were excluded from the Crown. 3tio, That the sole heir, according to our laws, is the eldest lawfel son ; Or he failing, the eldest lawftil child lineally descent ded of him, who succeeds jure rep-aesentationis, and so is \nearer to the estate, though mot nearer to the deceased possessor thereof. And consequently, that John Earl of "Carrick, being universally acknowledged for righteous and undoubted heir to King Robert, behoved to be lawfully born ; which he himself openly proclaims to the world by the designation df Primogenitus, the eldest Son ; v?hich de signation implies, as I have said, in its formal conception, ¦not only an undoubted right to the whole succession, but also a clear and distinct notion of a lawful birth ; as the reader may easily perceive in perusing the foUowing sheets. CONFIRMATIO FUNDATIONIS CAPELLAE B. MARIAE DE MAV- BOYLLE. EX AUTOGRAPHO. IT IS THE 280tH CHARTER OF KING DAVID's BOOK, FOL. R. 56, AND THE FIRST CHARTER OF THE SECOND ROLL OF OUR REGISTERS. Robertus, Dei Gratia, Rex Scotorum ; Omnibus pro bis hominibus totius terrae suae, Clericis et Laicis, Salu tem. Sciatis nos quasdam litteras Johannis Kennedy de Donnonure, super fundatione et dotatione cujusdam ca- pellae et trium capellaniarum, juxta coemiterium ecclesiae parochialis de Mayboylle, in Comitatu de Carryk, con- fectas ; de mandato nostro visas, lectas et dUigeriter in- 101 •pectas ; non rasas, non abolitas, nee in aliquo vitiatas, intellexisse ad plenum, in haec verba : " Universis ad quos praesentes litterae pervenerint, Johannes Kennedy, Dominus de Donnonure, Parochiaede Mayboylle, diocesis Glasgensis, Salutem in omnium Salvatore. Quia inter alia, per quae fideles Christiani firmam tenent fiduciam remunerationis aeternae, prosunt veraciter, ex maxime orationum sustragia et opera charitatis ; quorum utrumque quis exequitur et complet efficaciter, si ad Divini cultus augmentum, locum sacrum honorificum, de bonis sibi a Deo coUatis, zelo fidei construit, et ipsum habunde dotat redditibus pro servitio ministrorum. Hinc ergo univer- sitati vestrae notum facio. Quod ego Johannes Kennedy praedictus, de auctoritate venerab. in Christo patris, ac D. D. Walteri, De Gratia, Episcopi Glasguen., fundavi et incepi quandam Capellam, in honore et sub nomine B. Mariae Virg. juxta coemiterium ecclesiae parochialis de Mayboylle, in Comitatu de Carryk. Verum, quia secun dum canones, qui aedificare vult, ante preficiat quae ad luminaria, quae ad custodiam, et quae ad stipendia minis trorum sufficiant; idcirco ego Johannes supradictus, pro me et haeredibus meis, dono et concedo Deo, B. Mariae Virgini, omnibus Sanctis, ac perpetuo, tribus Capellanis ibidem Divina celebraturis, pro salubri statu mei, Mariae uxoris meae, et liberorum meorum, quamdiu egerimus in humanis ; et pro animabus nostris, cum ab hac luce mi- graverimus, nee non pro animabus omnium antecessorum et successorum nostrorum, et omnium fidelium defuncto- rum, decem et octo marcatas terrae de terris meis, vicinjs, contiguis sive annexis Ecclesiae de Mayboylle et Capellae praedictis, una cum octodecim bollis farinae de sicca mid- tura, de dicta terra mea percipi consueta; ac decem marcas Sterlingorum, annuatim percipiendas de terra de Bahnaclewhane, ad duos anni terminos consuetos ; et quin 102 que marcatas terrae de Barrecloych, et sex marcatas terrae de Trench ane, et quinque marcatas terrae de Bar- relach ; ad sustentationem ipsius Ecclesiae sive Capellae, unius Clerici et trium Capellanorum, ut praefertur; in liberam, puram et perpetuam eleemosynam, et in dotem praefatae Capellae ; sine aliquo retinemento superioritatis secularis, exactionis vel demandae. Et si dictas terras, annuos redditus, vel eorum partem aliquam, a dicta Ca pella evinci contigerit, obligo me, haeredes meos et assig natos, et omnia bona mea mobilia et immobilia, et speci aliter terras meas de Donnonure, Tonergeth, et de Kyly- nekelly, ad dotandam dictam CapeUam, quatenus ab ea evictum fuerit et obtentum. Volo etiam, quod cujuslibet dic tarum Capellaniarum in perpetuum, cum vacaverit, prae- sentatio ad me et haeredes meos spectet, infra quatuor menses a tempore vacationis, Episcopo Glasguensi, et sede vacante, ejusdem Capitulo facienda : Ex tunc enim ad eos devolvetur libera provisio, ilia vice tantum ; salvo mihi et haeredibus meis in perpetuum jure, aliis in posterum vicibus praesentandi. Dictas etiam terras et redditus, si quae onera ordinaria vel extraordinaria, aut consueta ser vitia ipsis emineant, ab iis quibus debentur liberabo; alioquin aliae terrae meae de hujusmodi oneribus plenarie respondebunt. Blada vero dictorum Capellanorum mo- lentur in molendino meo de Ronnifrac, post me ipsum et haeredes meos, et de multura ad vas vicesimum-quartum. Insuper, pro me et haeredibus meis promitto. Quod cartas confirmationum hujus meae donationis, Dominorum meo rum superiorum, videlicet, illustris viri Domini Comitis de Carrick, et excellentissimi principis, Domini mei Regis Scotiae, ad finem quod jure alicujus eorum, praesens mea fundatio in toto vel in parte retractari non possit, meis sumptibus procurabo. Si vero contingat, quod absit, me vel aliquem haeredum meorum, contra praesentem funda- 103 tionem ipsarum Capellaniarum, aliquo unquam tempore, in aliquo venire ; obligo me et haeredes meos, in viginti libris Sterlingorum, fabricae Ecclesiae Glasguensis, et in viginti libris Sterlingorum, ad amplicationem et sustenta tionem dictae Capellae applicandas, nomine poenae, et in dampnis, quae dictos Capellanos qui pro tempore fuerint, sustinere contigerit, juxta arbitrium superioris eorundem persolvend. totiens quotiens contrariatum fuerit ; funda tione Capellae, ejus dotatione, libertatibus, et poenae con- tinuatione, nihUominus in suo robore duraturis : subji- ciens me et haeredes meos, in praemissis omnibus et quo- libet praemissorum, jurisdictioni Episcopi Glasguensis, ut ego et haeredes mei, simpliciter, de piano, sine strepitu et figura judicii, valeamus ad praemissa omnia et eorum quodlibet, per censuram ecclesiasticam coherceri. Pro testor insuper, cum recolendae memoriae venerabilis pater Wilhelmus Episcopus Glasguensis ultimo defunctus, auc toritate Litterarum Apostolicarum, mUii ex causa in- junxisset fundare unam Cappellaniam perpetuo duratu- ram, quod una istarum Capellaniarum per me fundatarum, sic cedat ad exonerationem meam, quod ad aliam funda- tionem eo praetextu non tenear in futurum. In cujus rei testimonium, SigUlum meum, una cum Sigillo Domini Gilberti Kenedy, militis, filii mei et haeredis ; ac etiam cum Sigillo venerabilis in Christo patris, et D. D. Wal teri, Dei Gratia, Episcopi Glasguensis ; una cum Sigillo communi Capituli ejusdem, ad majorem securi tatem, prae senti litterae, et uni alteri ejusdem tenoris, est appensum : Quarum litterarum una, apud Glasguense Capitulum per petuo remanente, alia vero, penes Capellanos dictae Ca pellae, per eos in loco quem elegerint, custodiend. Simi liter, duarum confirmationum Domini Comitis de Carrick, et duarum Domini nostri Regis, ejusdem tenoris, quas impetrabo, una Comitis, et alia Regis, penes Glasguense 104 Capitulum ; aliae vero duae, penes Capellanos, ut praefer- turj perpetuo remanebunt. Datum apud Donnonure prae dictum, penultimo die mensis Novembris, Anno Domini, miUesimo tricentesiino septuagesimo-primo." QUas qtii- dem fundationem et dotationem ejusdem Capellae, et ter rarum et reddituum ptdedictorum, in liberam, puram et perpetuam eleemosynam, et in dotem ipsius Capellae, sic factas, juxta formam et effectum earundem Utterarum, in omnibiis et per omnia, pro nobis et haeredibus nostris, ra tificamus, approbamus, et tenore praesentis Cartae nostrae in perpetuum confirmamus. In cujus rei testimonium, praesenti Cartae confirmationis nostrae, nostrum praecepi mus apponi SigUlum. Testibus, venerabUi in Christo patre, WUlielmo Episcopo Sancti Andreae ; Johanne pri mogenito nostro, Comite de Carrick et Senescallo Scotiae, Roberto Comite de Meneteth, WUlielmo Comite de Douglas, Johanne de Carrick, Cancellario nostro, WU lielmo de Keth, Marescallo nostro; Jacobo de Lyndesay, Roberto de Erskyne et Hugone de Eglinton, mihtibus. Apud Dundonevald, quarto die mensis Decembris, Anno Regni nostri primo. (The broad seal appended, as before.) carta johannis comitis de CARRICK. EX AUTOGRAPHO. Universis ad quorum notitiam praesentes litterae per venerint, Johannes Primogenitus Roberti, Dei Gratia, Regis Scotorum illustris. Comes de Carrick et Senes callus Scotiae, Salutem. Cum dilectus consanguineus noster Johannes Kenedy de Donnonure, quandam Ca pellam in honorem B. Mariae Virginis, juxta Coemiterium ecclesiae parochialis de Mayboylle, in Comitatu nostro de Ciirrick, construxerit, ad sustentationem trium Capel- 105 lanorum et unius clerici, ibidem perpetuo divuia celebra- tur. necessariam, quam redditibus et possessionibus sub scriptis dotavit, videlicet, de decem et octo marcatis terrae, contiguae et vicinae, sive annexae dictae Ecclesiae de Mayboylle et Capellae praedictae, una cum octodecim bollis farinae de sicca multura, de dicta terra percipi consueta, ac decem marcis Sterlingor. annuatim perci piend. de terra de Balmaclewhane, ad duos anni terminos consuetos, et quinque marcatas terrae de Barrecloych, et sex marcatas terrae de Treuchane, et quinque marcatas terrae de Barrelach, in liberam, puram et perpetuam eleemosynam. Noveritis nos dictas concessiones et dona tiones, sive indotationes praedictis CapeUae et Capellanis, ac clerico concessas, ratificasse, approbasse, et pro nobis et haeredibus nostris in perpetuum confirmasse, in omni bus et per omnia, forma pariter et effectu, adeo libere et quiete, integre et honorifice, prout in Cartis sive Litteris dicti Johannis, inde factis et concessis, plenius continetur. In cujus rei testimonium, SigiUum nostrum praesentibus fecimus apponi. Apud Dundonald, in Festo B. Johannis Evangelistae, Anno Domini, miUesimo tricentesimo sep tuagesimo-primo. Hiis testibus, nobUibus viris, dominis WiUielmo de Conyngham, domino de Kilmauris ; Hugone de Eglintone, domino de Ardrossane ; Johanne de Lynde- sav, domino de Thuriston ; Johanne Walays, domino de Ricardtoun; Duncano Walays, mUitibus; Andrea de Connyngham, Andrea More, Johanne Tayt, et multis aliis. 106 CARTA ROBERTI II. 299 OF KING DAVID's BOOK, FOL. V. 59 ET 61 DE CONTROVERSIA INTER BURGENSES DE AIRE ET DE IRWYNE. Robertus, Dei Gratia, Rex Scotorum ; Omnibus pro bis hominibus totius terrae suae, Clericis et Laicis, Salu tem. Quia per inquisitionem, de mandato nostro factam per Balivum de Conyngham, super controversia sive quaestione, mota et pendente inter burgenses nostros de Aire, ex parte una, et burgenses de Irwjme, ex parte altera; super finibus, limitibus et libertatibus, dictorum burgorum et burgensium de Aire et de Irwyne, et con- sequenter ad nos retornatam ; fuit clare compertum, quod dicti burgenses de Irwyne fuerunt et sunt, a triginta, quadraginta, quinquaginta et sexaginta annis, et ultra et citra, et a tempore et per tempus, de cujus contrario me moria hominum non existit, in possessione finium, limi- tum et bondar. totius baroniae de Conynghame, et baro niae de Largis, dicti burgi de Irwyne libertatibus annexa- rum, pro suis mercandisis tantum, et mercimoniis in usdem libere exercendis ; prout haec et alia, per cartas inclitae memoriae praedecessorum nostrorum Regum Scotiae os- tensas, in inquisitione praedicta, clare patuit, ut est dic tum. Noveritis nos concessisse, et hac praesenti Carta nostra confirmasse eidem burgo de Irwyne, et burgensi- bus ejusdem, pro nobis et haeredibus nostris, ut ipsi dun taxat, utendo suis mercandisis et mercimoniis perpetuo, pro se et suis haeredibus libere gaudeant bondis, hmiti- bus et finibus supradictis : firmiter inhibentes, ne quis eos, contra praefatam nostram concessionem, vexare, gra- vare, seu inquietare praesumat, in praejudicium dictarum suarum libertatum, super nostram plenariam forisfactu- ram. Concessimus etiam eidem burgo de Irwyne, et 107 burgensibus ejusdem qui pro tempore fuerint, et eorum haeredibus et successoribus, pro nobis, haeredibus et suc cessoribus nostris in perpetuum, quod ipsi, haeredes et successores sui, dictum burgum teneant et possideant in liberum burgum, cum omnibus libertatibus et privilegiis ; adeo libere, plenarie et honorifice, sicut aliquis burgus infra Regnum nostrum, ex infeodatione quorumcunque Regum Scotiae praedecessorum nostrorum, liberius tene tur, seu honorificentius possidetur ; absque exactione cujuscunque toUonei, seu alterius cujuslibet servitutis, jam impositae, seu in posterum imponendae. Volumus etiam, et concedimus eidem burgo de Irwyne, et burgen sibus ejusdem, ac eorum haeredibus et successoribus, pro nobis, haeredibus et successoribus nostris, libertatem Gyldae, prout alii burgi et burgenses Regni nostri, ipsam libertatem habent, et habere consueverunt : quodque fra- tres Gyldae in burgo de . Irwyne praedicto constituere valeant qui gaudebunt, et gaudere debebunt omni liber tate Gyldae, qua alii quicunque Regni nostri burgenses hactenus sunt gavisi. In cujus rei testimonium, praesenti Cartae nostrae, nostrum praecepimus apponi SigiUum. Testibus, venerab. in Christo patribus, WUlielmo et Pa tricio, S. Andreae et Brechinen. Ecclesiarum Episcopis ; Johanne Primogenito nostro, Comite de Carrick et Senes callo Scotiae ; Roberto Comite de Fife et de Meneteth, filio nostro dilecto ; WUlielmo Comite de Douglas, con sanguineo nostro ; Johanne de Carrick, Canonico Glas guen. Cancellario nostro ; Hugone de Eglinton et Ro berto de Erskyne, militibus, consanguineis nostris. Apud Edinburgh, octavo die mensis Aprilis, Anno Regni nos tri secundo. 108 CARTA ROBERTI II. JOHANNI DE FOULARTOUN. EX AUTO GRAPHO. IT IS THE 298th CHARTER OF KING DAVID's BOOK, FOL. V. 59. Robertus, Dei Gratia, Rex Scotorum ; Omnibus pro bis hominibus totius terrae suae, Clericis et Laicis, Salu tem. Sciatis nos concessisse, et hac praesenti Carta nos tra confirmasse illas donationem et concessionem, quas Primogenitus noster carissimus Johannes Comes de Car rick, Senescallus Scotiae, fecit et concessit Johanni de Foulartoun, filio et haeredi Adae de Foulartoun militis, de terris de Lathis, orientali et occidentali, et de terris de Harparlande, cum pertinentiis, in baronia de Kyle- Senescalli, infra Vicecomitatum de Are. Tenend. et Ha bend. dicto Johanni et haeredibus suis, de praefato Jo hanne Primogenito nostro, in feodo et haereditate, per omnes rectas metas et divisas suas — adeo libere, quiete, plenarie et honorifice — cum omnibus libertat. commod. aysiament. et justis pertinentus, ad dictas terras spectan tibus, seu juste spectare valentibus in futurum; sicut cartae sive litterae dicti Johannis Primogeniti nostri, prae fato Johanni de Foulartoun, exinde confectae, in se juste continent et testantur ; salvo servitio nostro. In cujus rei testimonium, praesenti Cartae nostrae, SigiUum nos trum praecepimus apponi. Testibus, venerab. in Christo patribus, WUlielmo, Waltero et Patricio, S. Andreae, Glasguen. et Brechinen. Ecclesiarum Episcopis ; Johanne Primogenito nostro, Comite de Carrick et SenescaUo Scotiae ; Roberto Comite de Fife et de Meneteth, Alex andro Senescalli, filiis nostris carissimis ; Thoma de Mar, WiUielmo de Douglas, Comitibus, consanguineis nostris ; Johanne de Carrick, Canonico Glasguen. Cancellario nostro ; Alexandro de Lyndesay, Roberto de Erskyne et 109 Hugone de Eglinton, militibus, consanguineis nostris. Apud Sconam, quinto die mensis Martii, Anno Regni nostri secundo. CONFIRMATIO CARTAE ROBERTI DE ERSKINE, PATRICIO FLEMYNG, PER ROBERTUM II. CARTA 61, ROT. 1, RO BERTI II. WHICH IS THE SECOND IN THE RECORDS. JOHN EARL OF CARRICK, WITNESS. Robertus, Dei Gratia, Rex Scotorum; Omnibus pro bis hominibus totius terrae suae, Clericis et Laicis, Salu tem. Sciatis nos cartam Roberti de Erskyne mUitis, consanguinei nostri dilecti, de mandato nostro visam, lec tam examinatam et diligenter inspectam, non vitiatam, non cancellatam, non rasam, non abolitam, nee in aliqua sui parte suspectam, sed omni prorsus vitio et suspicione carentem, inteUexisse, de verbo in verbum, sub hac forma : " Omnibus hanc cartam visuris vel audituris ; Robertus de Erskyne, dominus ejusdem, Salutem in Do mino sempiternam. Noveritis quod ego dedi, concessi, ac dono et concedo, et hac praesenti Carta mea confirmo Patricio Flemyng, filio Malcolmi Flemyng Domino de Bigger, secundo-genito, omnes terras meas infra baro niam de Leygneh, videlicet terram de Bord, terram de Tweonres, terram de Croy occidentali et de Croy orien tali, terram de Smacheston, terram de Bawoch, et terram de Ardre, cum pertinentiis ; in escambium terrarum de Dalnotri et de Garscaddene, quae fuerunt dicti Patricii Flemyng, in Comitatu de Levenox, infra vicecomitatum de Dumbarton. Tenend. et Habend. eidem , Patricio et haeredibus suis, de Domino Barone de Leygneh qui pro tempore fuerit, in feodo et haereditate, per omnes rectas metas et divisas suas ; adeo libere, quiete, plenarie, inte- 110 gre et honorifice ; cum omnibus libertat. commod. aysia mentis et justis pertinentus, ad dictas terras spectantibus, seu spectare valentibus in futurum ; sicut ego Robertus praedictus easdem terras, cum pertinentiis, liberius tenui seu possedi, aut Carta Thomae Flemyng, Domini baro niae ejusdem, mihi inde confecta, in se proportat liberius et testatur, Faciendo inde Domino Baroni de Leygneh qui pro tempore fuerit, tantum, servitium debitum et in ipsa Carta contentum. Et ego praedictus Robertus et haeredes mei, praedictas terras de Bord, de Tweonres, de Croy occidentali et orientali, de Smecheston, de Baw och, de Ardre, cum pertinentiis, praedicto Patricio et haeredibus suis, contra omnes homines et faeminas war rantizabimus, adquietabimus, et in perpetuum defende mus. Et si contingat quod haeredes antiq. baroniae de Leygneh, per tractatum pacis reformandae inter Reges Angliae et Scotiae, praedictam baroniam de Leygneh, tanquam haereditatem suam recuperaverint et fuerint asse- cuti, sic quod praedictus Patricias praenominatas terras, cum pertinentiis, amittat ; ex tunc ipse Patricius et hae redes sui, ad dictas terras de Dalnotri et Garscaddene, cambitas ut supra, liberum habebit et habebunt regres- sum, absque quovis clameo mei vel haeredum meorum, vel quocunque brevi placitabili. Quin immo ego Robertus de Erskyne et haeredes mei praedicti, ipsas terras de Dalnotri et de Garscaddene, cum pertinentiis, praefato Patricio et haeredibus suis, liberas et vacuas, et a nemine nostrum occupatas, dimittemus, sibi et suis perpetuo pos- sidendas, adeo libere, sicut praefatus Patricius easdem terras, cum pertinentiis, ante excambium praedictum meum factum, tenuit et possedit. In cujus rei testimo nium, praesenti Cartae meae SigiUum meum apposui. Datum apud Edinburgh, decimo-octavo die AprUis, Anno Domini 1369. HUs testibus, nobUi et potenti D. D. Ill Roberto Senescallo Scotiae, Com. de Strathern ; Johanne Senescallo de Kyle, Com. de Carrick ; Patricio de Grahame, filio et haerede domini David de Grahame, Domini de Dundaf; WUlielmo de Galbrach, Murdaco de Levenox et aliis." Quam quidem Cartam, in omni bus punctis, articulis, conditionibus et circumstantiis suis quibuscunque, forma pariter et effectu, ratificamus, appro bamus, et pro nobis et haeredibus nostris in perpetuum confirmamus ; salvo servitio nostro. In cujus rei testi monium, praesenti Cartae confirmationis nostrae, nos trum praecepimus apponi SigUlum. Testibus, venerabili bus in Christo patribus, WUlielmo et Patricio, Sancti Andreae et Brechinen. Ecclesiarum Episcopis ; Johan ne Primogenito nostro, Comite de Carrick et Senescallo Scotiae ; Roberto Comite de Fife et de Meneteth, filio nostro dUecto ; WilUelmo Comite de Douglas, Johanne de Carrick, CanceUario nostro, Jacobo de Lyndesay, nepote nostro, et Hugone de Eglinton, militibus. Apud Strivelyne, vicesimo-quarto die mensis Augusti, Anno Regni nostri tertio. CARTA 62, ROTUL. 1, ROBERTI II. CONFIRMATORIA LIT TERAE THOMAE FLEMYNG ROBERTO BOYD. Robertus, Dei Gratia, Rex Scotorum ; Omnibus pro bis hominibus totius terrae suae, clericis et laicis, Salu tem. Sciatis nos Litteras Thomae Flemyng, dudum Comitis de Wigton, factas WUlielmo Boyd, filio quon dam Thomae Boyd de Kylmarnock, militis, de mandato nostro visas, lectas, examinatas et diligenter inspectas, non vitiatas, non cancellatas, non rasas, non abolitas, nee in aliqua sui parte suspectas, sed omni prorsus vitio et suspicione carentes, inteUexisse de verbo ad verbum, sub 112 hac forma : " Omnibus hanc Cartam visuris vel audituris, Thomae Flemyng, Comes de Wigton et Dominus d,e Fowlwood, Salutem in Domino. Sciatis me teneri, et per praeseijtes firmiter obligari dUecto consanguineo meq WiUielmo Boyd, filio quondam nobilis et potentis domini Thomae Boyd, militis, Domini de Kylmarnock, haeredi bus suis et assignatis, pro suo servitio mihi pro tempore vitae suae impenso vel impendendo, in duodecim marcis Sterlingorum, bonorum et legalium, annuatim solvend. eidem WUlielmo Boyd, haeredibus suis et suis assignat. per me haeredes meos, apud Fowlwood, ad duos anni ter minos, per aequales portiones ; medietatem videlicet, ad Festum S. Martini in hyeme proxim. post confectionem praesentium, et aUam medietatem ad Festum Pentecostes proxime inde sequens ; et sic de anno in annum, et de termino in terminum, quousque ego vel haeredes mei, dictum Willielmum Boyd et haeredes suos vel assignatos, infeodavero vel infeodaverint haereditarie, de duodecim marcatis terrae, cum pertinentiis, in loco competenti et per modum competentem, infra aliquem vicorum subscrip- torum, videlicet de Dumbartoun vel de Lanark, per Car tam meam vel haeredum meorum de warrantizantia. Et si contingat me vel haeredes meos, in solutione dictarum duodecim marcarum, vel in aliqua parte solutionis, ad dictos locum et terminos, dicto WUlielmo Boyd, haeredi bus suis et assignatis, ut praemittitur, faciend. deficere, quod absit ; obligo totam terram meam de Salmane, ja centem infra baroniam de Renfrew, in vicecomitatu de Lanark, in possessione mea tempore confectionis praesen tium existent, cum pertinent, in manibus dicti WUhelmi Boyd, haeredum suorum vel assignat. sine aliqua contra dictione mei vel haeredum meorum, remansur. quousque ego vel haeredes mei, dictum Willielmum Boyd, haeredes suos vel assignatos, de duodecim marcatis terrae, cum 113 pertinentiis, ut praedictum est, infeodavero vel infeodave rint. Et si contigerit, quod absit, quod dictae duodecim marcae Sterlingorum, bonorum et legalium, de dicta terra de Salmane, in manibus dicti WUhelmi Boyd, haeredum seu assignat. suorum nunc existent, per eos non poterint le vari ; obligo me, haeredes meos, terras meas, et omnia bona mea mobilia et immobilia, ad voluntatem dicti Willielmi Boyd, haeredum suorum et assignatorum, fore capienda, distringenda, abducenda, et sine licentia cujuscunque ju dicis, ecclesiastici vel saecularis, vendenda, quousque ego vel haeredes mei, dicto WUlielmo et haeredibus suis vel assignatis, de praedictis duodecim marcatis terrarum prae dictarum, per infeodationem antedictam, satisfecero vel satisfecerint. In cujus rei testimonium, SigUlum meum praesentibus est appensum. Datum apud Fowlwood, de cimo die mensis Augusti, Anno Domini 1371." Quas quidem litteras, in omnibus punctis, articulis, conditioni bus et circumstantiis suis quibuscunque, forma pariter et effectu, in omnibus et per omnia ratificamus, approbamus, et pro nobis et haeredibus nostris in perpetuum confirma mus ; salvo servitio nostro. In cujus rei testimonium, praesenti Cartae confirmationis nostrae, nostrum praece pimus apponi SigUlum. Testibus, venerab. in Christo patribus, WiUielmo et Patricio, S. Andreae et Brechin. Ecclesiarum Episcopis ; Johanne Primogenito nostro, Comite de Carrick et Senescallo Scotiae ; Roberto Comite de Fife et de Meneteth, filio nostro dilecto ; WUlielmo Comite de Douglas, Johanne de Carrick, CanceUario nostro; Jacobo de Lyndesay, nepote nostro, Hugone de Eglinton et Roberto de Erskyne, mUitibus. Apud Perth, vicesimo-quarto die mensis Februarii, Anno Regni nos tri quarto. H 114 CONFIRMATIO CARTAE DAVIDIS II. JOHANNI DE ALLINCRIM. IT IS THE 107tH CHARTER OF THE 3d ROLL OF KING ROBERT III, Robertus, Dei Gratia, Rex Scotorum ; Omnibus pro bis hominibus totius terrae suae, Clericis et Laicis, Salu tem. Sciatis nos Cartam inclitae memoriae Domini David Regis Scotorum illustris, avunculi et praedecesso- ris nostri, visam, lectam, inspectam, et diligenter exami natam, non vitiatam, non cancellatam, non rasam, non abolitam, nee in aliqua sui parte suspectam, inteUexisse ad plenum, sub hac forma : " David, Dei Gratia, Rex Sco torum; Omnibus probis hominibus totius terrae suae, Salutem. Sciatis nos dedisse, concessisse, et hac prae senti Carta nostra confirmasse Johanni de AUyncrim, clerico nostro familiari et dilecto, omnes terras quae fue runt quondam Richardi de Bochyford, in baronia de Crawford-Lindesay, infra vicecomitatum de Lanark ; quae nos contingunt ratione forisfacturae Willielmi de Bochy ford, filii et haeredis dicti quondam Richardi, contra pacem et fidem nostram existentis. Tenend. et Habend. eidem Johanni et haeredibus suis, de capitali domino dic tarum terrarum, in feodo et haereditate, per omnes rectas metas et divisas suas ; libere, quiete, plenarie, integre et honorifice; cum omnibus libertat. commod. aysiamentis et justis pertinentiis quibuscunque. Faciendo inde capi tali domino dictarum terrarum, praefatus Johannes et haeredes sui, servitium de praedictis terris, cum pertinen tiis, debitum et consuetum. In cujus rei testimonium, praesenti Cartae nostrae, SigUlum nostrum praecepimus apponi. Testibus, venerab. in Christo patribus, Wil Uelmo et Patricio CanceUario nostro, Sancti Andreae et Brechinen. Ecclesiarum, Dei Gratia, Episcopis ; Roberto Senescallo Scotiae, Comite de Stratherne, nepote nostro 115 carissimo ; Patricio de Dumbar, Comite Marchiae et Moraviae, Thoma Comite de Marr ; dilectis consangui neis nostris, WUlielmo Comite de Fyfe et Johanne de Preston, militibus. Apud Edinburgh, duodecimo die AprUis, Anno Regni nostri vicesimo-octavo." Quam quidem Cartam, donationemque et concessionem in eadem contentas, in omnibus punctis suis et articulis, conditioni bus et modis, ac circumstantiis suis quibuscunque, forma pariter et effectu, in omnibus et per omnia, approbamus, ratificamus, et pro nobis et haeredibus nostris in perpe tuum confirmamus ; salvo servitio nostro. In cujus rei testimonium, praesenti Cartae nostrae confirmationis, nos trum praecepimus apponi SigiUum. Testibus, venerab. in Christo patre, WUlielmo Episcopo Sancti Andreae ; Jo hanne Primogenito nostro, Comite de Carrick et Senes callo Scotiae ; Roberto de Fife et de Meneteth, filio nos tro dUecto ; WiUielmo de Douglas et de Marr, Comiti bus, &c. Apud Renfrew, vicesimo-quarto die mensis Octobris, Anno Regni nostri septimo. CONFIRMATIO ROBERTI II. DONATIONIS LAURENTII DE HAYA DE EASTER-KINDY, ROTUL. 4. Robertus, Dei Gratia, Rex Scotorum ; Omnibus pro bis hominibus — Sciatis nos Cartam Laurentii de Haya de Easter- Kindy, de mandato nostro visam, inspectam, lectam et diligenter examinatam, de verbo in verbum intellexisse, sub hac forma : " Omnibus hanc Cartam visuris vel audi turis, Laurentius de Haya Dominus de Easter- Kindy, Salu tem in Domino sempiternam. Noveritis me dedisse, con cessisse, cum consensu et assensu Finlai de Haya, filii mei et haeredis ; et hac praesenti Carta mea confirmasse, di lecto meo et speciali Johanni Clerico, omnes terras meas 116 de Lonyanys, jacentes infra Vicecomitatum de Innernyss, cum pertinentus, in purum et liberum maritagium cum Margareta filia mea. Tenend. et Habend. dicto Johanni et Margaretae, conjunctim et divisim, vel eorum alteri diutius viventi, et haeredibus suis inter ipsos procreatis seu procreandis ; quibus forte deficientibus, mihi et hae redibus meis quibuscunque ; cum omnibus commod. liber tat. et aysiamentis ; in viis, semitis, boscis, planis, moris, maresiis, turbariis, petariis, aucupationibus, venationibus, piscationibus, molendinis et multuris, pascuis, pratis et pasturis, curiis et exitibus earundem, et caeteris omnibus pertinentiis suis, ad dictas terras spectantibus quomodoli bet, prope et procul, tam subtus terra quam supra terram, tam non nominatis quam nominatis — spectare valent. in futurum ; libere, quiete, plenarie et honorifice, sine aliquo retinemento, in perpetuum. Reddendo inde domino capi tali earundem, servitium debitum et consuetum. Quas quidem terras de Lonyanys, cum pertinentiis, ego Lau rentius de Haya, et Finlaus de Haya filius meus praedic tus, et haeredes nostri, dictis Johanni et Margaretae sponsae suae, et haeredibus suis, in forma praemissa war rantizabimus, acquitabimus, et contra omnes homines et faeminas, pro servitio praedicto faciendo, in perpetuum defendemus. In cujus rei testimonium, praesenti Cartae meae SigUlum meum est appensum. Datum apud Perth, in Festo S. Andreae Apostoli, Anno Domini 1376. Hiis testibus, David de Grahame milite ; Thoma de Haya, Domino de Errol, Constabul. Scotiae ; magistro Roberto Gatmill, magistro Johanne Sommervill, Johanne Rollo, Nicholao de Haya, WUlielmo de Bergyll, Hugone de Abernethy, WUlielmo de Lychou, ac multis aliis." Quam quidem Cartam, in omnibus punctis, articulis, conditioni bus et modis, ac circumstantiis suis quibuscunque, forma pariter et effectu, in omnibus et per omnia, approbamus, 117 ratificamus, et pro nobis et haeredibus nostris in perpe tuum confirmamus ; salvo servitio nostro. In cujus rei testimonium, praesenti Cartae confirmationis nostrae, nostrum praecepimus apponi SigiUum. Testibus, venerab. in Christo Patre WUlielmo Episcopo S. Andreae ; Jo hanne Primogenito nostro, Comite de Carrick, SenescaUo Scotiae ; Roberto Comite de Fife et de Meneteth, filio nostro dilecto; WUlielmo Comite de Douglas, consan guineo nostro ; Johanne de Carrick, Cancellario nostro ; Hugone de Eglinton, Jacobo de Lyndesay, nepote nostro, et Roberto de Erskine, militibus. Apud Perth, ultimo die Novembris, Anno Regni nostri quinto. The last argument I shall adduce is taken from the title of Senescallus, retained in the foregoing Charters by John Earl of Carrick. This office is mentioned, p. 5 of our laws, ascribed to Malcolm Mac-Kennet; but not fully defined : For aU that we can gather from that chap ter, entituled, De Feodo Senescalli Domini Regis et alio rum domesticorum, is, that his fees, or honorary, amount ed to forty pounds ; Item, ordinaverunt pro feodo Senes caUi domus Domini Regis, 40 lib. art. 1 : And that he had a power and jurisdiction over the household and under officers ; such as the Clericus liberationis, whom Skene alleges to be the clerk of the liveries, and I take to be the comptroller, Cle?'icus compotorum ; the Clericus de Coquina, the Panetarius, Butticularius, the Pistor, Brassiator, Magister Cocus, the principal officer of the kitchen, called in French le Maistre Queux, Lardarius, Janitor, Ostiarius Coquinae, Ostiarius Aulae, Ostiarius ad Cameram Regis, Factor ignis in aula ; and other ser vants de minori statu, whose salaries are either specified and determined in the different articles of the said chap ter, or referred to the Steward, as appears by the last 118 article : Item, omnes alii ministri Regis de statu minori, quilibet habebit quadraginta solidos pro feodo suo, vel per considerationem Domini Seneschalli, vel aliorum de Con cilio Domini nostri Regis. From which Court, where the Steward presided, and all domestic affairs were dis cussed, it is probable that the name Seneschallus was de rived; for Sen, in the old language, signifies Justitia, and Scalcus, Praefectus ; so that Seneschallus must be Jus- titiae Praefectus. Accordingly, in the Pratiques of Nor mandy, le Grand Coutumier de Normandie, chap. 10, the Great Seneschal, is a judge appointed for amending the faiUngs and abuses of the inferior courts. In Britany, where I resided several years, the judges of Fougeres and Vitry were called Seneschaux. In the Book of Hugh de Cleriis, printed in the fourth tome of Andrew de Chesne, inter Scriptores historicos Francorum, the Count of Anjou is called Steward of France, or. Judge of the King's Household, Seneschallus. King Robert gave this office perpetually to Geofroy Grisogonell, Earl of Anjou, as a reward for his services done 'to the crown ; whilst Hugh Capet was alive, Foulques his son, Geofroy Martel his grandchild, as also Foulques, grand-nephew to Geofroy Martel, King of Hierusalem and Earl of Anjou, succeed ed him in that dignity. Under this last it is clear, that all civil actions at court were finally determined by the Steward as judge. Item, quando erit in Francia, (viz. Comes Andegav.) quod et Curia sua judicaverit, frmum erit et stabile : Si vero contentio aliqua nascatur, judicio facto in Francia, Rex mandabit quod Comes venial illud emendare ; et si pro eo mittcre noluerit, scripta utriusque partis Comiti transmittal, et quod inde sua Curia judicabit, Jirmum erit et stabile. Ego Hugo de Cleriis vidi multoties judicia facta in Francia, in Andegavia emendari. Coment. Hugonis de Clerus. 119 Amongst us, Marco w Mac- Kennedy, Setieschal to Dun can Earl of Carrick, was judge of that country ; Alexan dro II. Gilbertus de Home, Seneschallus Comitis Patricii, mentioned in the records of Durham, was j udge of the Merse ; Absolon, Seneschallus Maldoveni Comitis, was judge of Lennox, Anno 1238, Cart. Arbroth. p. 310; and Rogems Seneschallus de Passelet, witness to a charter of Dufgallus, brother to the Earl of Lennox, p. 319, Cart. Passelet. was judge of what lands were subject to that abbot's jurisdiction. Nevertheless, the President Fauchet, in his elaborate Treatise of the Origin of the Dignities and Magistrals of France, chap. 10, derives the word Seneschallus from Scalco, or Siniscalco, which is in terpreted, in the old French language, Praepositus men- sae. Vossius, de vitiis sermonis, calls him Regiae mensae Praefectus, Oeconomus, Architriclinus. And so he is named by Almoin, lib. 4, cap. 78. Regino Prumiensis calls him Princeps Coquorum ; and others, from the Teu- tonick, Dapifer, who hath care of the iiieat, or flesh. Hincmar, Archbishop of Rheims, Epist. 3, cap. 23, de scribes his prerogatives : And St. Bernard, in his 78th Epist. ad Sugerium, Abbatem Sancti Dionisii ,- wherein he ¦ complains of Stephen * of Garland, Archdeacon of Paris, * The Chronicle of Marigny, written about the same time, tells us. That this Stephen de Garlande, being puffed up with his good fortune, was so bold as to offend Queen Adela, spouse to King Lewis, sirnamed Grossus ; upon which account he was turned out of Court, and lost his master's favour : That shortly after he revolted against the King, with some of his allies, who were men of great autho rity ; but peace being concluded, and the wars ended, he was reduced to pass the remnant of his tedious days at Orleans, upon the river of Loire ; being Dean of the Cathedral Church of that city, but never Bishop of Paris, as Duplex and some other French writers have alleged, taking, by mistake, Stephen Bishop of Paris, of the same name, who was cotemporary, but neither Chancellor nor Steward of France, for Stephen of Garland, Lord of Livry and Gournay, near the capital of that kingdom, who discharged these eminent offices for several years. 120 and Chancellor of France, gives us a just notion of that employment, in the foUowing words : Par satis utrobique abusio, sive quod Diaconus mensae Regiae deptdetur ministerio, sive quod Regis Dapifer misteriis Altaris inserviat. Quis sane non miretur, immo et delestetur, unius esse personae et armatam ducere militiam, et Alba Stolaque induium, in medio ecclesiae pronunciare Evangelium ? T'uba indicere bellum mUiti bus, etjussa Episcopi popidis intimare ? — Curiam, Ecclesiae prae- fert; Regis mensam, Altari Christi; et Calici Domini, Cali- cem daemonierum : et paulo post, cum sit Archidiaconus, Deca- nus, Praepositusque in diversis Ecclesiis, nihil horum tamen, tam eum quam Regis delectat vocitari Dapiferum. We have a fuUer account of this dignity, given by Hugo de Cleriis, apud Sirmondum, in calce notarum ad Epistolas Gqffridi Windocinensis, as follows : Si vero ad Coronamenta Regis Comes ire voluerit, viz. the Earl of Anjou, Great Seneschal of France, to whom the superio rity and feu-duties of that office belonged, Seneschallus liberare et praeparare faciat hospitium, quod Comes habet pro- prium et debitum. Cum autem die suae coronae, ad mensam Rex discubuerit, scamnum pulckerrimum, JuJchro pallii aut tapeto coopertum, Seneschallus (the under Seneschal, or ordinary Seneschal of France, of the famUy of Garland) praepara- bit, ibique Comes, quousque Jercula veniant, sedebit : (Jum vero prirnum veneritferculum, Comes, se defib'ulans, a scamno surget, et de manu Seneschalli Jerculum accipiens, ante Regem et Regi- nam apponet, et Seneschallo praecipiat, ut exinde per mensas serviat ; et Comes retro sedebit donee alia veniant Jercula, et quemadmodum super primo Jecit, de aliis similiter Jaciat. Finita demum celebratione mensarum, Comes equum ascendet, et ad suum redibit hospitium, Seneschallo comitante. Deinceps, equus ille quem Comes adduxerit ad curiam, dexlrarius, viz. coquo Regis Jeudaliter dalitur. Pallium, quo in curia qffibulatus erit, dispen- jatori dabitur (au chejd office), sciz. post prandia. Tunc Panne-' 121 larius mittat Comiti duos panes, atque vini sextarium, et coquus, frustrum carnis atque vini haustvmi. Haec est enim Uberatio Seneschalli illo die. Haec fercula accipiat Seneschallus Comitis, atque dabit leprosis. All which shows us, that the two most important func tions of the Steward were, to serve the King and Queen at table on aU public ceremonies and solemn days, and to oversee and rule the household ; upon which account there were several lands reserved for supporting his state and dignity. In Scotland, the same duties were annexed to this office ; his jurisdiction was extended over the King's table, castles, and household : Hence he was called first, Dapifer Regis, then Seneschallus Scotiae, for distinguishing him from the petty officers belonging to the Earls or Bishops in the country, who went under the like designations ; for amongst the witnesses to the foun dation of Caldstream, by Cospatrick Earl of Dumbar, I find * Haldanus styled Dapifer ,• and in a confirmation of Layval, Birgham, and the church of Harishille, to Coldinghame, by the same Cospatricius Comes, Lambekin is named Dapifer. There were many manors, shires, * A learned and worthy writer of late hath fancied, p. 382 of his Collections, that this Aldanus, or Haldanus, witness to Waldewe's Charter of Dundass, was father to Walter I., predecessor to our Kings. Notwithstanding I have all duti ful regard for his sentiment elsewhere, yet I must here be allowed to be of a diffe rent opinion ; \mo. Because Aldanus is designed ^/ms Alfe-meldi in a Charter granted by King David to Thurstin Archbishop of York, who was consecrate at Rheims by Pope Calixtus III., and died at Pontefract in 1140; whereas the other's father is no where mentioned. 2do, Because Aldanus" s son is named Cospatrick, Cospatricius flius Aldan, in the inquisition made by David, Earl of Cumberland, of the lands belonging to the church of Glasgow ; whereas the other's son is Walterus Jilius Alani. And, 'itio. Because Alanus was cotempo rary to Macbeth and Malcolm III., and Aldanus to Corspatrick Karl, who died in 1066, and to his son Earl Waldewe, who died in 1181, to whom he was Steward, or Dap fer, and not to the King ; for he is simply named Dapfery whereas the Steward of Scotland is called Dapifer Eegis Scotiae. 122 and baronies, belonging to the same office. It was here ditary amongst us, as it was in France ; and had been possessed, by a constant succession from father to son, by the undoubted lawful heir, since Walter the son of Allan, who is witness to King David's Charters at Car lisle, in 1150, to King Robert's accession to the Crown in 1371 ; at which time John Earl of Carrick succeeded to that honour (which had given the sirname to his family), not by any peculiar charter or grant, but by the ordinary course of law, whereby the eldest lawful son succeeds to all hereditary employments which the father cannot discharge personally, and by himself. From all these weighty reasons, it is clear that the Earl of Carrick behoved to be no bastard, and his mother no concubine, but regularly married to the Steward, not in 1340, as Mr. Innes and Dr. Gray fancy; nor in 1339, as Mr. Hearne believes ; nor m 1337 or m 1338, as Mr. Sage gives out; but in 1334, as I shall clearly prove ; otherwise he had been debarred from the succes sion, according to what principles I have laid down in the beginning of this book, p. 2 and 3. It appears, indeed, that Mr. Sage hath foreseen the bad consequences that naturally flowed from these false calculations, made by the publisher of the Carta AutJien- tica, and the other writers who have undertaken King Robert's defence. Whereupon he hath distinguished two diff'erent marriages; the one, called amongst us,. Desponsatio Clandestina ,- the other, a legal and canonical marriage, after the dispensation was procured from Avig non, once the residence of the Popes ; which is under stood by the schoolmen to be, " Maris et Foeminae in- dissolubilis conjunctio, quae, mutuo et legittimo contra- hentium consensu, per verba de praesenti, in conspectu Ecclesiae expresso, conficitur, cum maturam connubio 123 aetatem personae idoneae attigerint." This distinction hath no other ground nor foundation than a bare conceit of its contriver, neither does it come up to the purpose. But let his scheme be aUowed ; let the private marriage be patched up in 1335 or 1336, nemine praesente, et sine Sacerdotali benedidione, in nuptiarum solemnitatibus ad.' hiberi consueta, ut pericula quae ex clandestinis copulatio- nibus suboriri possunt, excludantur Let the legal mar riage be contrived and solemnized in 1337, or in 1338 ; nt occultum matrimonium, ex mutuo contrahentium consensu initum, nova, libera et aperta amborum confessione, in Templo, coram Parocho proprio et testibus facta, confirme- tur, et conjugalis vinculi Jirmitatem et robiir accipiat; John Eari of Carrick will be constantly found spurious. For notwithstanding that we know, " That solus inter duos consensus, non turpis utriusque sexus commixtio, matrimonium efficit ; nee ad necessitatem conjugii requi ritur, ut contractus matrimonii, praesentibus testibus, aut consciis parentibus, transigatur." — Concil. Trident, sess. 24', cap. 1, de Reformat. Matrimon. Yet if the Steward had kept and enjoyed Elizabeth under the shadow of a private marriage, nullis factis aut adhibitis solemnitatibus ; or if Elizabeth had kept company, or lived as wife with the King whilst he was a subject, spe dispensationis con- sequendae, John, who is supposed to have been born before the dispensation was brought from Avignon, in the county of Venascin in Provence, would certainly have been accounted a bastard, because his father and mother were in the forbidden degrees of consanguinity or affinity, constante occulto matrimonio : " Nam impedimentum infra quartum gradum proveniens, ex affinitate sive consangui- nitate, matrimonium contractum et consummatum, non im- petratis ab Oratoribus Litteris Apostolicis dispensationis, irritum facit;" according to the canon law. And the famous 124 Council of Latteran, held at Rome in 1215, under Pope Innocent III. cap. Cum inhibitio, in the following terms : " Cum inhibitio copulae conjugalis sit in ultimis tribus gradibus revocata, eam in aUis volumus districte servari ; unde praedecessorum nostrorum vestigiis inhaerendo, clan destina conjugia penitus inhibemus : Prohibentes etiam, ne quis Sacerdos talibus interesse praesumat." Et cap. Si, " Si quis vero hujusmodi clandestina vel interdicta con jugia inire praesumpserit, in gradu prohibito, etiam igno- ranter, soboles de tali conjunctione suscepta, prorsus ille- gittima censeatur, de parentum ignorantia nullum habitura praesidium — Pari modo, proles illegittima censeatur, si ambo parentes, impedimentum scientes legittimum, prae- ter omne interdictum, etiam in conspectu Ecclesiae, con- trahere praesumpserint." This constitution of Pope In nocent, which was made in presence of 412 bishops, gathered from all the corners of this visible world, de stroys entirely Mr. Sage's system ; for thereby all private marriages are forbidden, as odious, and directly contrary to the good order of the church and government ; and the children of such persons as are related in gradu pro hibito, in the fore-mentioned degrees, and yet contracts, either privately, sub praetextu ignorantiae, or publicly, habita impedimenti notitia, without a license from his Holiness, are declared unlawful, etiamsi publicatio spon- salium, ante conjunctionem, tribus diebus festivis, non im mediate se invicem sequentibus, sed per aliqua dierum in- tervalla a se distantibus, in Ecclesia, coram multitudine fuerit proposita : Which is a formality required by the rituals of St. Andrews and Holyroodhouse, for perfecting the canonical or legal marriage ; for although a chUd be gotten in fornication betwixt two single persons, or during the concubinate, is legitimate by the subsequent mar riage, according to the imperial and canon law, virtute 125 supervenientis matrimonii ; although a man and a woman, no ways related, and privately married, antequam Jactae fuerint denunciationes, against the preceding constitution, which was universally received, may obtain a dispensation for marrying thereafter publicly, peracta salutari poeniten- tia propter stuprum, and thereby the child may be suffi ciently qualified for the succession : yet if they be pri vately married in gradibus prohibitis, et subsecuta fuerit carnalis copula ; the child so procreate will be constantly looked upon as a bastard ; and there will be no dispensa tion granted thereafter to the parents for a second mar riage. The general reason assigned by the canonists is, Propterea quod tales consanguinei et affines, per hanc carnalem copulam, redditi sunt inhabiles ad contrahendum matrimonium, ex eo quod dicantur commississe incestum, qui impedit incestuosos contrahere. Repelling then the private and supposed mar riage made at random by Mr. Sage, I must conclude, that the Steward having purchased a dispensation, and the case adduced in his libel being fully proven by wit nesses, and all things discussed before the Bishop as sub- delegate (Quia Episcopus, authoritate ordinaria (according to the canon law), non habet facultatem in gradibus qffinitatis seu consanguinitatis a jure prohibitis, inter conirahentes matrimonia, dispensandi ) , obtained, by his decreet, a license to marry Elizabeth More, his cousin, under the conditions men tioned in the minute ; and accordingly, that the ceremony was actually performed by Roger Mac-Adam, chaplain, no doubt, or curate to Rowallan, Anno 1334. At which time the Castle of Dunholm in Coile being surrendered, Allan de Lyle, Sheriff of Bute, being killed, Carrick, Kyle, Cunninghame, and Renfrew, the Steward's private inheritance, being returned to their duty, he behoved necessarily to marry, for securing the succession in his family, and preventing all disorders that might arise by 126 the Balliol, in case he came to die without issue, being then nineteen years of age. I am loth any more to disturb Mr. Sage's ashes ; yet by the way I must notice, that that good old grey-headed writer hath no shadow nor ground to reflect, in his Introduction to Hawthornden's Works, p. 30, upon Sir James Dalrymple, one of the most religious, most learned, and most judici ous gentlemen of our country ; since Major makes use of the very same words and expressions that are found in Fordun's continuators, as may be seen by comparing their passages in the following table. CODEX HAYANUS, LIB. 17, JOHANNES MAJOR, LIB. 4, CAP. 21.* CAP. 17, IN GENEAL. JA COBI V. FOL. 76. " IsTE Robertus copula vit sibi de facto unam de filiabus Adae More, militis, de qua genuit proles ; quam postea, impetrata dispensa tione, in matrimonium des- ponsavit, ut postea dicetur ; ex qua genuit Robertum III. Regem ; Robertus III. Jacobum Regem I. hoc no mine : Jacobus I. Jacobum II. Regem, qui nunc su- perest." " Iste Rex de facto unam de fiUabus Adae Mure, mi litis, sibi copulavit, quam postea, per dispensationem, uxorem duxit : ex qua Ro bertum III. genuit ; et Ja cobum I. Robertus III. procreavit ; et Jacobum II., Jacobus I. genuit. Et Ma riam Ducis Geldriae filiam. Jacobus II. in uxorem duxit; de qua tres filios et natas duas procreavit," &c. • This book is a large folio, of Bowmaker, written at Inch Colm, in glorious characters. It belonged to the Abbey of Cowpar, afterwards to Sir Wilham Saintclair, Lord Justice General. Sir Lewis Stewart purchased it, after the Castle of Hoslin was surrendered to General Monk ; and failing to his son, it was lent by my aunt Lady Kettlestoun, his spouse, to Mr. Andrew Hay, my uncle, 127 CODEX HAYANUS, LIB. 34, JOHANNES MAJOR, DE GESTIS CAP. 28. SCOTORUM, LIB. G, CAP. 6, FOL. V. 121. " Et est notandum, Quod praedictus Robertus Rex, de Domina Elizabeth, filia Domini Adam de More, genuit tres filios, scilicet " Ex Elizabetha filia Do mini Adae Mure, tres filios Robertus Rex genuit, scili cet Johannem, qui postea fuit Rex, et Robertum Al- Johannem, qui postea friit baniae Ducem, et Alexan- Rex, et Robertum Ducem drum Buchaniae Comitem. Albaniae, ac praemissum Postea ex Euphamia, Ros- Alexandrum, Comitem Bu- sensis Comitis filia, Galte- chaniae, qui vulgo dicebatur rum Comitem Atholiae, et Lupus de Badynach. De- hinc desponsavit Dominam Eufemiam, filiam Hugonis Comitis Rossensis ; de qua genuit Walterum Comitem Adoliae — et David Comitem Dominum de Brechin ; et David Comitem de Stra therne genuit. Mortuaenim Elizabeth Regina, hanc Eu- famiam in conjugem acce- pit, et, matrimoni gratia. de Stratherne. Sed mortua proles legittimatae sunt." Regina Eufemia, desponsavit praemissam Dominam Eli- zabetham ; et sic, virtute supervenientis matrimonii se- cundarum nuptiarum, legittimati sunt dicti fratres, Jo hannes, scUicet, Robertus et Alexander ; quia, secundum Canones, matrimonium sequens legittimat filios natos ante hujusmodi matrimonium." not my father, as the Lord Bishop of Carlisle calls him, p. 97 of his Scots His torical Library ; my father being Captain George Hay, a younger son of Sir John Hay, Lord Register ; and my mother, Dame Jean Spotiswood, Lady Roslin, daughter to Sir Henry Spotiswood, High Sheriff of Dublin, and Gentleman of the Green Cloth. I recovered it from the rabble, and carried it beyond seas. It is more complete than any manuscript I have found abroad or met with at home, and will shortly be published. 128 There is no man that understands perfectly the Latin tongue, and is willing, seriously, and with attention, to read the foregoing passages, but will acknowledge, that the word Elizabeth is transposed for Euphame ; and that Major's sentiment is the same with that of Bowmaker and his transcribers : which appears clearly from the ex tract, thus, Mortua enim Eufamia Regina, hanc Elizabetham in conjugem accepit. In which case, the pronoun hanc may be very well applied to Elizabeth, without any gram matical escape; and illam was noways necessary, since Euphame was supposed to be dead. Moreover, Euphame was lawfully married to John Randolph Earl of Murray, who was killed at the unfor tunate battle of Durham, in 1346 ; at which time, Eliza beth More was dead. Neither were ever Euphame's chU dren suspected to have been unlawfuUy begotten by the King, nor was there any dispensation procured when he took her to his wife. So it being evident from Major, lib. 4, cap. 17, that the Steward unam de Jiliabus Adae Mure de facto sibi copulavit (which words do not signify that he married her privately, for copula carnalis imports, in the civil law, a base and scandalous conjunction of a man and woman, not joined together, by a lawful bond, in marriage,) and naming that daughter, lib. 6, cap. 6, Elizabeth, mother to John, Walter, Robert, and Alexander, before he espoused Euphame ; and even assuring us, in the bosom of the paragraph, lib. 4, cap. ] 7, that there was a dispensation procured for marrying her : It is manifest, that the sentence in the 6th book, chap. 6, Et matrimonii gratia, proles legittimatae sunt, hath a reference to the dis pensation, which was purchased as the most proper and most effectual method and means for legitimating Eliza beth's children begotten in fornication ; and consequent ly, that the error in Major proceeds from transposing the 129 words EUzabeth Regina, for Euphamia Regina; as Sir James Dalrymple hath modestly observed, p. 40 of his Preface to the Collections concerning the Scots History ; which immortal book will be an everlasting testimony of his extraordinary abilities, and peculiar skill in antiquities and history. For if the literal meaning and text which are forced by Sage, were pressed or admitted against the true sense, Major would certainly deserve the uncharitable character George Buchanan hath left of him, lib. 1 : Epigram. lit Johannem, solo cognominc, Majorem. Cum scateat nug-is, solo cogtiomine. Major, iV'ec sit in immenso pagina sana libra ; Non minim, litulis quod se veracibus ornat, Nee scTiiper mendax ftigere Creta solet. For his account would not be found exact nor sufficient, Euphame having never been considered as a concubine, nor Elizabeth, as Queen of Scotland. The example Mr. Sage adduces for supporting his scheme, of a man who had successively three wives in one year, is a very wild and extravagant conceit, and makes me smile. I do not indeed question but such a thing hath fallen out amongst some incontinent and debauched persons ; but we have no such thing recorded in history ; nor has ever any such fact, so far as I can learn, happen ed amongst Christian Princes, whose magnificent palaces appear mournful and melancholy for a long tract of time, after the loss of their ladies. Neither can it be aUowed in the present case, since Elizabeth was reduced to dust in 1364, according to the Authentic Charter, mentioned p. 49 ; and according to King Robert III. his confirmation of the lands of Thornle, in 1357. And Queen Euphame, 130 who died only in 1387, was undoubtedly married to the Earl of Stratherne in 1370 ; as is clear from a document recorded in the collection of King David's Charters, cited p. 57, which leaves no room for naming Elizabeth Queen. I have cheerfully embraced this precious opportunity, for vindicating my worthy friend, (for whose memory and eminent family, I shall ever have a singular regard, and a just and dutiful respect and consideration) from the bitter invectives and sharp satire, penned, with a great deal of heat and passion, by Mr. Sage, whilst he was dis placed, chagrined, and out of humour. And with this I shall dismiss the reader, after I have acquainted him, that this peevish author ridiculously supposes, p. 42, Morham to be insert, by contraction, for Mariotam, by the noble Earl of Cromerty, p. 43 * of his Vindication of Robert IIL which deserves a better edition ; yet, it is universally known, that he never consulted the pubhc registers, where the patent is set down verbatim, as follows, in the 8th roU of King Robert II. his Charters, Num. 29, wherein John Stewart, begotten on Morham, is distinguished from the children begotten upon Mariota de Cardny, his other concubine. • This refers to the •Ito. copy of the Earl of Cromerty's Book, which is very inaccurate. The 8vo. edition was not published till some time after Sage wrote his Introduction to Drummond's Works. — Publisher s Note. 131 CARTA ROBERTI II. JOHANNI SENESCHALLI, FILIO SUO SPURIO, DE TERRIS DE BALLACHYS. Robertus, Dei Gratia, Rex Scotorum ; Omnibus — Sciatis nos dedisse, concessisse, et hac praesenti Carta nostra confirmasse dilecto filio nostro Johanni Seneschalli, genito inter nos et dilectam nostram Moram, omnes et singulas terras nostras de Ballachys, Muernate et de Mukesy, cum pertinentiis, in Thanagio de Kynclevyn, infra vicecomitatum de Perth. Tenend. et Habend. eidem Johanni et haeredibus suis, de corpore suo legittime pro creandis ; quibus forsan deficientibus, dilecto filio nostro Jacobo Seneschalli, genito inter nos et Mariotam de Cardnay, et haeredibus suis de corpore suo legittime procreandis ; quibus utique forsan deficientibus, Alexandro SeneschaUi, dUecto filio nostro de dicta Mariota, et hae redibus suis de corpore suo legittime procreandis ; qui bus etiam forsan deficientibus, dUecto filio nostro Johanni Seneschalli, de eadem Mariota genito, et haeredibus suis de corpore suo legittime descensuris; quibus simUiter fortasse deficientibus, ad nos et haeredes nostros Reges Scotiae, plenarie et perpetuo reversur. de nobis et haere dibus nostris, in feodo et haereditate in perpetuum; libere, quiete, plenarie, integre — per omnes rectas metas et divisas suas, antiquas et novas ; in domibus et maneriis, boscis et planis, moris, maresiis, viis, semitis, aquis, stagnis et rivulis, ac lacubus, petariis, turbariis, vivariis, pratis, pascuis et pasturis, aucupat. venation, et piscariis, mo lendinis, multuris, et eorum sequelis, antiquis et novis; cum curiis, curiarumque sectis, exitibus, eschaetis ; cum tenandiis — natis, bondis — Reddendo inde nobis annuatim, et haered. nostris, unum denarium argenti, nomine Albae- 132 firmae, apud Ballachys, si petatur tantum ; pro wardis, releviis, maritagiis — In cujus rei testimonium — Testibus — Apud Perth, decimo-quinto dig Januaru, Anno Regni nostri duodecimo. APPENDIX, COKTAISING THE COPIES OF SEVERAL CHARTERS RELATING tO THE PRECEDING VI^IDICATION; WITH SOME HISTORICAL AND CRITICAL REMARKS BY THE AUTHOR. No. I. Copy of an Instrument tahen at Scoon, in 1371, by John Earl of Carrick, after he had been otvned and acknowledged, in a public Meeting, as righteous Heir to King Robert, and un doubted successor to the Crown. Tahen from the Original, of late somewhat defaced. Mentioned in page 5, DECLA RATIO PARLIAMENTI, UBI JOHANNES, PRIMOGENITUS ROBERTI II. REGIS, HABET SUCCEDERE IN RE(fNUM. XXVII. MARTII, MCCCLXXI.* In Nomine sanctae et individuae Trinitatis, Patris et Filii ET Spiritus Sancti. Amen. Anno, ab incamatione Domini, millesimo, trecentesimo septuagesimo primo, secundum morem et computationem ecclesiae Scotticanae, mensis Martii die vicesimo * This is printed flom Ruddiman's Answer to Logan (Appendix^ No. II.), it being there more full and accurate than in Hay's copy. It has also been com pared with the fac-simile engraved in 1195.-— PuMisher's Note. 134 septimo ; Serenissimus Princeps Dominus Robertus, Dei Gratia, Rex Scottorum illustris, apud Sconam, tempore suae coronationis, existens ; assistentibus sibi Praelatis, Comitibus, Baronibus, ac ceteris de clero et populo regni sui ; post sacra * unctionis et coronationis suae peracta solenuia, factaque declaratione juris, quo idem Serenissunus Princeps successit, ac succedere debuit, Domino David Regi Scotiae, avunculo et praedecessori 8uo,,tam proximi- tate sanguinis, quam ex quadam declaratione, per quaedam instru menta confecta tempore inclitae memoriae Domini Roberti Regis Scotiae, avi et praedecessoris ipsius Domini nostri Regis, ibidem exhibita atque lecta; Nee non, receptis homagii et fidelitatis solitis juramentis ab ipsis praelatis, Comitibus, Baronibus, et aliis de clero et populo ibidem existentibus, in coronatione Regum Scotiae ab olim praestari consuetis et debitis : Volens, more et exemplo Cele bris memoriae ejusdem boni Regis Roberti, avi sui, coram clero et populo, successorem et verum heredem suum declarare ibidem, licet de ipso clare constitit atque constet ; ex habundanti, et una nimi consensu et assensu dictomm Praelatorum, Comitum, Proce rum et Magnatum, indicavit, asseruit et recognovit, declaravit et voluit, Quod cum ipsum contigerit, pro dispositione Divina, ab hac luce migi-are, Dominus Johannes, filius suus primogenitus, Comes de Carrik et Senescallus Scotiae, erit, et esse debet, verus et legitimus heres suus, ac sibi, post mortem suam, in regno Scotiae, Domino disponente, succedet, .et succedere debet, et post eum sedebit, et sedere debebit, super solium regni sui. Qua declaratione sic facta per ipsum Dominum nostrum Regem, de praefato primogenito et herede suo, ex habundanti, ut supra, unusquisque Praelatorum, Comitum, Procerum, Magnatum, et alio rum ibidem existentium, voce propria, singillatim, pro se, heredi- bus et successoribus suis, asseruit, aflirmavit, declaravit, recognovit et voluit, Quod idem Dominus Johannes, post mortem praefati patris sui superstes et vivus, sit, Divina favente gi'atia, futums Rex Scotiae, tanquam heres legittimus ejusdem patris sui : Promittens quilibet, bona fide, et manu, in signum fidei dationis, levata, Quod eum pro Rege et herede ligittimo ejusdem patris sui habitunis • Sec the end of this Appendix. 135 erit ; ipsumque juvabit atque defendet contra quoscunque morta les : nee non sigillum suum scripto, seu instrumento, super hoc fiendo, apponet, in signum suorum consensus et promissionis praedictoiTim, cum ipsi super hoc fuerint requisiti. Quibus recog- nitione, promisso et fidei datione, in consilio Domini nostri Regis, sic praemissis et actis, idem Dominus noster Rex, per venerabilem viram magistrum Johannem de Peblis, doctorem Decretorum, Canonicum Glasguen. clericum suum, proponi fecit in publicum, Qualiter, ex habundanti, indicavit et declaravit, praefatum Dominum Johannem, filium suum primogenitum, verum suum heredem, prout est, et esse debet de jure, et post mortem suam, regni Scotiae, volente Deo, Regem futurum ; et qualiter praefati Comites, Pro- ceres, et alii de consilio, afi&rmaverunt, recognoverunt, consense- runt, et fide media, ut praemittitur, promiservmt ; et qualiter omnem populum cum clero convocari fecerat, ut in eorum praesentia, et de eoram consensu unanimi, fieret et publicaretur, ne aliquis super hoc ignorantiam praetendere posset aliqualiter in futurum. Tota autem multitudo Praelatorum, Comitum et Baronum, et aliorum tam cleri quam populi, xmanimi voluntate et clamore consono, nullo penitus reclamante, afi&rmaverunt, recognoverunt et volue- runt, ipsmn Dominum Johannem, tanquam primogenitum et verum heredem Domini nostri Regis, patris sui, suum fore Re gem futurum ; ac manu levata, in signum fidei dationis, promise- runt, Quod eum pro Rege suo futuro, volente Deo, habituri erunt post mortem patris sui, ipsumque juvabunt atque defendent, de toto posse, contra quoscunque mortales. Quibus sic actis, prae fati Praelati, Comites et Bai'ones ibidem existentes, sigilla sua huic scripto apposuerunt, ad perpetuam et futuram memoriam, in tes timonium omnium praemissorum, una cum signo et subscriptione publici tabellionis subscripti. Acta fuerunt haec apud Abbathiam de Scona, mense, die et anno supradictis.* * This Act and Declaration is thus translated by the Earl of Cromerty: " In the name of the blessed and undivided Trinity, of the Father, Son, and Holy Spirit, Amen. Upon the 27th day of the month of March, and year from the Incarnation of Christ 1371, according to the custom and computation of the 136 Et ego Johannes RoUo Clericusj Moraviensis diocesis, publicus Apostolica auctoritate notarius, praedictis indicationi, decla ration!, affirmationi, nee non promissioni, manuum levationi. Church of Scotland ; the most renowned Prince Robert, King of Scots, at Scoon, the time of his Highness' coronation (the Bishops, Earls, Barons, and others of the clergy, and people of his kingdom, standing by, and there present), after the sacred solemnities of his anointment and coronation were ended, and the declara tion of his right, by which the said illusti'ious Prince did succeed, and ought to succeed to David King of Scotland, his uncle and predecessor, as well by propin quity of blood, as upon the account, and by reason, and by virtue of certain instru ments made in the time of Robert King of Scotland, his goodslre and predecessor, of worthy memory, then opened up and publicly read : And the usual oaths of homage and fidelity being taken by the said Prelates, Earls, Barons, and others of the clergy and people there present, used and wont of old to be exacted at the coronation of the Kings of Scotland : Being desirous, after the custom and exam ple of the foresaid good King Robert, his grandfather, of blessed memory, to declare before the clergy and people, his successor and true heir ; though the same did clearly appear, and might abundantly be known by the unanimous consent and assent of the said Prelates, Earls, Lords, and Barons : His sacred IMajesty did declare, assert, acknowledge, manifest, and will, that whenever it should happen his Highness, at the pleasure of Almighty God, to depart from this life, Lord John, his Majesty's eldest son. Earl of Carrick and Stuart of Scotland, should and ought to be his lawful heir, and after his Highness' death should succeed to him in the kingdom of Scotland, by the providence of God ; and that after him, he should sit, and ought to sit, upon the throne of the kingdom : Which declai'ation being so emitted by our Sovereign Lord the King bimself, concerning his said eldest fon and heir, every one of the said Pi-elates, Earls, Lords, Barons, and others there present, with a full voice, one by one, for himself, heirs and succes sors, did assert, affirm, acknowledge, declare, and will, that the said Lord John, after the death of his said father, being to the fore and in life, by the grace of God should be King of Scotland, as lawful heir of his said father : promising each of them, bonajide, and having their hands lifted up to heaven, in token of their sin cerity, that he should be had and esteemed as their King and lawful heir of his said father ; and that they should assist and defend him against all mortals ; as also, that they should append and put their seal to the act or statute to be made thereupon, in token of their consent and promise of these things, whenever they should be required thereto. Which acknowledgment, promise, and oath, given by them in the Council of our Sovereign Lord ; the King's Majjesty did cause the Right Venerable ]Mr. John Peebles, Clerk of the Records of the Diocese of Glas gow, to insert and record in public register, that forasmuch as he had sufficiently declared the said Lord John, his eldest son, to be now his true heir ; and 137 ac praedicti magistri Johannis de Peblis populo publica tion! ; una cum venerabilibus in Christo patribus, Dominis WiUelmo, Waltero, et Patricio Sancti Andreae, Glasguensis et Brechinensis ecclesiarum episcopis ; ac discretis viris, Do minis Johanne de Carryc, Canonico Glasguensi, Waltero de Byggai-, rectore ecclesiae de Erol, Cancellario, et Camerario Scotiae ; nobilibus viris, et potentibus Dominis, Thoma de Mai', Willelmo de Douglas, et Roberto Senescal. Comi tibus ; Thoma de Haya, Willelmo de Keth, Constabulai-io, et Marescallo Scotiae ; Arcliebaldo de Douglas, Jacobo de Douglas, Roberto de Erskyne, Alexandro de Lindesay, Thoma de Erskyne et Duncano Wallays, Baronibus ac Militi bus ; magistro Johanne de Peblis supradicto ; et multis aliis testibus, ad praemissa vocatis pariter et rogatis, primo in secreta camera praedicti Domini Regis in suo secreto consilio, et post in camera sui Parliamenti, in publico, ut praedicitm-, coram populi multitudine hoc approbante, fac tum, armo, die, mense et locis supra dictis, indictione nona, pontificatus sanctissimi in Christo patris et Domini nostri that by law he ought, after his death, at the disposal of God, to be King of the kingdom of Scotland ; and that forasmuch as the said Earls, Lords, and others of the Council did affirm, acknowledge, consent, and by oath, as said is, promise : and that his Highness had called the people, with the clergy, to the effect, in their presence, and by their unanimous consent, the same might be decreed and publish ed, lest any should pretend ignorance of this, any manner of way in time coming ; The whole multitude of Prelates, Earls, and Barons, and others, as well of the clergy as people, with one accord, unanimous consent, and will (none at all gain saying), did affirm, acknowledge, and will, that the said Lord John, as eldest son and heir of our Sovereign Loi-d the King, his father, should be their King : and with hands lifted up to heaven, in token of their sincerity, promised, that they should have and esteem him, after the death of his father, for their future King, by the strength of Almighty God ; and that they should defend and assist him with all their might against all deadly. Which things being so done, the said Bishops, Earls, and Barons there present, did append and put their seals to this decree for ever, in testimony of all the premises, together with the sign and subscription of the public clerk underscribing. These things were done at the Abbacy of Scoon, day, month, and year of God above written," &c. — George Earl of Cromerty s Vindication of Robert the Third, 8vo. edit, page 39, &c. 138 Domini Gregorii, divina providentia Papae undecimi, anno primo ; praesens interfui, eaque omnia et singula superius expressa, dum sic agerentur, scivi, vidi et audivi ; praesens instrumentum, de manu alterius scriptum, signo meo con sueto, ad instantiam praedicti Domini Johannis, ipsius Domini Regis primogeniti, Comitis de Carrik, Scotiae Senescalli, signavi hie me propria manu subscribens, vocatus pariter et rogatus, in testimonium omnium praemissorum ; interlineatio- nem in ultima linea meae subscriptionis, Johannis, approbando. The names of the lords and inferior barons who were, present at this solemn declaration, are written on the one or the other side of the labels or tags ; and several of their seals are as yet entire, and appended to the authentic instrument above insert. In the first row, on the outward side of the fii'st tag, is written, Epis, Sancti Andreae : The seal appended thereto, red wax upon green ; a St. Andrew stretched on his cross, with a side coat, as he died at Patras, under the Proconsul jEgeas : On each side, two small escutcheons : Under the shield, Bishop Landal, who crowned and anointed King Robert II. the 25th of March 1371, in his pontifical garb, kneeling, his mitre on his head, and his crosier, or pastoral staff, in his hands. In the circumference of the seal, which is oval, S. Willielmi, D. G. Epis. Sancti Andreae. On the outward side of the second tag, Epus. Glasgw. On the inner side, Epus. Sancti Andreae : No seal. Ou the third tag, Epus. Dunkeld. No seal. On the fourth tag, Epus. Aberdon. No seal. On the fifth, Epus. Morav. No seal. On the sixth, Epus. Rossens. on the outer side : On the inner side, Dumblan : No seal. On the seventh, .Epus. Dumblan. on the outer side : On the inner side, Rossen. On the eighth, Epus. Catanens. No seal. On the ninth, without, Brechin, and within, Ergadien. No seal. On the tenth tag, Ergad. without ; and Brechin, with in : No seal. On the eleventh, Galwidiens. without ; and within, Candidae Casae : No seal. On the twelfth, Cancellarius, with out ; and within, Dumfermelin : The seal appended to the tag, red upon green wax. In a niche, three persons scarce discern- 139 able. Above the niche, a virgin with her babe on her knee. Under the niche, John Cai-rick, chancellor, praying on his knees ; the letters on the circumference not legible. On the thirteenth, Camerarius, on the outer side : On the inner side, Aberbroth. On the seal, which is red upon green wax, a virgin standmg, with her babe in her arms, turning towards a person kneeling, his head defaced ; the letters on the circumference scarce legible. On the fourteenth, Dumfermelyn, on the outer side ; on the inner, Mel ross : The seal oval, red upon green wax. In a niche, a virgin crowned, standing with her babe in her arms, turned towards St. Margaret, clothed in royal robes, an antique crown on her head, in the right hand holding a prayer book, in the left a sceptre. Below the niche, an abbot mitred, his crosier in his hands, pray ing, and his mitre on his head. On the circumference, S. Johannis D. G. Abbatis de Dumfermelyn. On the fifteenth, Aberbroth. The seal oval,"red upon gi-een wax ; S. Thomas, a zealous assertor of the liberties of the church, kneeling before St. John the Baptist and St. Augustin's altar, in his church of Canterbury. Opposite to the saint are represented four knights, WiEiam Tracy, Hugh MorwiUe, Richard Breton, and Reginald Fitz Urse, his mur derers ; whereof William Tracy gives him the first stroke on the head with a naked sword, the 29th of December 1170.* Be hind the saint, Hugh, his sub-deacon, qui, posito pede in collum SS. Martyris, cerebrum ejus, cum sanguine, per pavimentum sparsit. Above, the virgin, sitting in a niche with her babe, on both sides a Benedictine monk of the order of Tyron, praying, and turned towards her, the one kneeling, the other standing. Under * Those who reckon the year to begin at Christmas, make him to have been killed in 1171 ; yet our most exact writers agree that he was slain on Tuesday, about eleven o'clock, in 1170, according to the following verses ; Richardus Brito, nee non JVIorwillus et Hugo, WiUelmus Trassy, Richardus filius Ursi, Thomam martyrium fecere subire beatum, Anno milleno, centeno, septuageno, Anglorum primas corruit ense Thomas. 140 the saint, an abbot mitred, with his crosier, kneeling : The circum ference not legible. On the sixteenth tag, Melross, without; within, Calcow. No seal. The seventeenth hath on the outward side, Abbas S. Crucis ; and within, Scoon : No seal appended thereto. On the eighteenth tag is written without and within, Prior S. Andreae : No seal appended thereto. On the second row, within the first tag, is Glasgow : The out' ward part is not legible. On the little seal, an announciation, or an angel standing straight, looking towards a lady. I take it to be the Dean of Glasgow's Seal. The second tag wants. The third hath Comes Marchiae, without ; and Jedworth, within. On the tag a round seal, red upon green wax. The escutcheon, a lion rampant, vidthin a bordure, charged with roses, supported with two lions. Crest, a horse's head and neck issuand out of the hel met, crowned and mantled : There seems to appear a bridle on the horse's neck. The fourth tag, without, hath Stratherne; and within is written, Dominus Walterus de Haliburton : No seal. The fifth tag wants. On the sixth tag, without, is Menteth ; and within, Dominus Jacobus de Lyndesay : No seal. On the seventh tag, without, is written, Reginae ; and within, Sigillum Domini Regis : The seal wants, and behoved to be his ordinary seal, not the broad seal ; because the tag is proportioned to the other tags, and is not strong nor large enough for supporting a great weight. The eighth tag wants. On the ninth tag, Domi nus Jacobus de Lyndesay, without ; the seal red, upon green wax. On the escutcheon, a fesse checquee de trois traits. No supporters. For crest, a helmet mantled, with an ostrich head and neck issuand ; no key. In the circumference, S. Jacobi de Lyndesay. On the tenth tag, without, Constabularius ; within Dominus Johan. Seneschalli, et frater ejus : No seal. The eleventh tag hath Marescallus on the outer side : There is nothing written on the iimer side. On the tag, a round seal, red upon white wax. The escutcheon appeai-s filled up with lozans, or frette. On the chief, three palets. Above the left point, a stag's head, issuand out of an antique helmet. On the circumference, S. WiUielmi de Keith. On the twelfth tag is, on the outer side, 141 Dominus Jacobus de Douglas. The escutcheon red, upon green wax, plain, and void of all figures, there being therein neither heai-t nor crown. On the chief, two mollets: For supporters, two savages : For crest, a tree issuand out of the helmet. In the circumference, S. Jacobi de Douglas. On the thirteenth tag, without, is written, Dominus Walterus de Lesly ; and within, Camerarius ; the seal red, upon green wax : On a bend, three buckles : No supporters nor helmets. In the circumference, S. Walteri de Lesly. On the fourteenth tag, without, is, Dominus de Erskyn ; within, Dominus Archebaldus de Douglas. On the tag, a seal red, upon green wax : In the escutcheon, a pale. For crest, a griffin issuand out of an antique helmet. On the circum ference, S. Roberti de Erskyn, Domini ejusdem. On the fifteenth tag, without, is written, Dominus Alexander de Lyndesay ; and within, Dominus Jacobus de Douglas. The seal appended there to, red upon green wax, a fesse chequee de trois traits. In chief, on the sinister, a star, for distinction : Supporters, two lions : Crest, an ostrich head and neck, issuand out of a round helmet. On the circumference, S. Alexandri de Lyndesay. On the out ward side of the sixteenth tag is written, Dominus Walterus de Haliburton : On the inner side there is no writ. The seal ap pended thereto, red upon green wax. In the escutcheon, on a bend azure, three lozanges or mackles, empty'd in the middle. No crest nor supporters. On the circumference, S. Walteri de Haliburton. On the outward side of the seventeenth tag is written, Dominus Willielmus de Conynghame ; and on the inner side, Constabularius : No seal. On the eighteenth tag there is written on the outward side, Dominus J. de Daniel- ston ; and on the inner side. Comes de Moravia, scarce legible : No seal affixed thereto. On the nineteenth tag, without, is writ ten, Dominus H. de Eglintone. There is nothing written on the inner side, nor no seal appended to the tag. In the third row, on the first tag, is vmtten, S. Crucis, without : Nothing is written within. The seal, Christ on the Cross, with his shift ; on his Jeft, St. John ; on his right the Virgin Mar^'. Under, an abbot shaved, with his chappe, cum cappa, praying 142 on his knees, bare-headed ; the crosier before him ; behind a fleur de lis. Above the niche, two persons defaced, wanting the heads. In the circumference, Sigillum ab. S. Crucis de Edin burgh. On the second tag, Calchow ; no writ on the other side, within, nor seal at the tag. On the third, Jedworth, without; and within, Comes de Douglas : No seal. On the fourth, Kyl- wynnen, on the outward side ; nothing wiitten within : No seal. On the fifth, Cambuskeneth, on the outward side ; on the inner side, Comes de Levenax : No seal. On the sixth, without there is de Cupro ; within Dominus Willielmus de Keith : No seal. On the seventh, without, is Lundoris : No seal. Nothing written on the inner side. On the eighth tag is written, Neubotle ; What's in the inner side is not legible. The seal appended to the tag is oblong, red upon white wax. In a niche, an abbot's staff, or crosier, with a veil, or drapeau, attached thereto. In the cir cumference, S. Roberti Abbatis de Newbotil. On the ninth is Dryburgh, on the outward side ; and on the inner side. Comes de Menteth : No seal. The tenth tag wants. On the eleventh tag is written, outwardly, Dominus Jacobus Frazer ; inwardly, Kyl- winning : On the tag a seal of red wax. In the escutcheon, a fesse chequee de trois traits, betwixt six frazes, three in chief, and two and one in the base: for crest, a dog's head mantled, issu and out of a helmet, his tongue apparent, or langu'd. In the cir cumference, S. Jacobi de Frazer. On the twelfth tag, the out ward side hath Dominum Alexander SenescaU ; and the inner side, Dominus Rob. de Erskyne : No Seal. On the thirteenth, Dominus Alanus Senescal, without; and within, Cambuskenel: No seal. The fourteenth wants. The fifteenth hath Dominus David, Jilius Walteri, written on the outer side ; what's on the inner side is not legible. On the tag, a seal, red upon gi-een wax; three cinque-fueilles, two and one. No crest nor supporters. In the circumference, Sigillum David Jilii Walteri.* On the out- * The 73d charter of the first roll, is granted by King Robert the Bruce, Wal tero filio Gilberti, de toto tenemento de Machan, quod fuit quondam Johannis Cumyn, militis, cum pertinentiis, in valle de Clude. Tenend. et Habend. prae- 143 ward side of the sixteenth tag, is written, Dominus Patricius de Heburne : there is no writ on the inner side. In the shield, on a cheveron, a rose betwixt two lions combatans, within a bordme engral'd. On the circumference of the seal, S. Patricii de He burne. On the seventeenth tag, on the outward part, Dominus Willielmus de Danielston ; nothing written within. The seal appended to the tag, red upon gi-een wax. The escutcheon, on a bend, three mackles. For crest, a pot of fire, the flame coming out of the top, above the helmet. On the circumference, S. Wil lielmi de Danielston. The eighteenth tag hath no writ, neither on the outer side nor the inner. On the seal, which is red upon green wax, a lion rampant. On the last tag is written, Dominus Frazer, on the outward side ; and nothing on the inner, and hath no seal. On the back of the manifesto is written, Declaratio Parlia menti, ubi Johannes Primogenitus Roberti, habet succedere in Regno. No. II. This Number refers to p. 41. Kinfawns lieth two miles by-east St. Johnston, on the north side of Tay. It belonged formerly to Hugh, brother to dicto Waltero et haeredibus suis, inter ipsum et Mariam de Gordun, sponsam suam, legittime procreatis. Facie'ndo nobis et haeredibus nostris, dictus Walterus et haeredes sui praedicti, servitium inde debitum et consuetum tempore bonae memoriae Domini Alexandri, Regis gcotorum, praedecessoris nostri ultimo de- fimcti. Whereby 'tis clear, that this Walter, son of Gilbert, and father to David, ancestor to his Grrace the Duke of Hamilton, was married to Mary Gordon, not to Isabel daughter to William, Earl of Ross : neither had the Earl of Ross a daughter of that name, or any more than two, Euphame and Jean ; the eldest, named Euphame, was first married to Walter Lesly, and afterwards to Alexander, Earl of Buchan, Lord Badenoch ; to whom she disponed the Earldom of Ross, the Lordship of Sky, Lewis, and other lands mentioned in the 8th roll. Carta 20, 21, 144 William Earl of Ross ; as appears by the following charter granted by K. Robert II. Nu. 7, Rot. 4. Robertus — Omnibus — Sciatis nos dedisse, concessisse, et hac praesenti Carta nostra con firmasse dilecto consanguineo nostro Hugoni de Ross de Kyn- fawns, pro suo fideli servitio nobis impenso et impendendo, ilium annuum redditum decem librarum Sterlingor. et quatuor celdra- rum fmmenti, nobis debit, sive exeunt, de terra de Doun ; cum pertinent, infra Vicecomitat. de Bamff. Tenend. et Habend. dicto Hugoni et Margaretae sponsae suae, et eorum alteri diutius viventi, et haeredibus dicti Hugonis, de nobis et haeredibus nostris, in feodo et haereditate — libere et quiete, plenarie, integre et ho norifice, bene et in pace — In cujus rei testimonium, praesenti Cartae nostrae, nostrum praecepimus apponi SigiUum. Testibus — Apud Methfen, primo die Junii, Anno Regni nostri, octavo. Some few years thereafter, these lands were divided into two parts ; the one lying towards the East was given to James Stuart, natural son to King Robert IL, begotten upon Marion Cardnay, as I have noticed p. 41, vrith a considerable pension, to be levied yearly out of the barony of Abimethy in Perthshire ; as is evident from the 17th charter of the 2d roll, as follows : Rex — Omnibus — Sciatis nos dedisse — dilecto filio nostro Jacobo Senescalli, pensionem illius annul redditus sexdecim librarum Ster lingor. nobis debit, de baronia de Abimethy, infra Vicecomitatum de Perth. Qui quidem redditus est in manibus Majrgaretae Co mitissae de Angus, pro toto tempore vitae suae. Tenend. et Ha bend. dicto Jacobo, et haeredibus suis de corpore suo legittime pro creandis ; quibus forte deficientibus, dilecto filio nostro Johanni Seneschalli, fi-atri dicti Jacobi uterino, et haeredibus suis de cor pore suo legittime procreandis ; de nobis et haeredibus nostris, in feodo et haereditate, libere et quiete — In cujus rei testimonium — Testibus — Apud Dumbretane, vicesimo-quinto die Decembris, Anno Regni nostri, secundo. 25, et 26, she is designed, filia et haeres Willielmi quondam Comitis de Ross, Carta 26. Which shows, that her sister Jean either was never married to Philortli, or had no children, nor share in her father's estate. 115 The superiority of the other pai-t, which lieth towai-ds the West, fell to Euphame Ross, daughter and only heir to William, Earl of Ross: Upon whose resignation, it was bestowed upon Walter Stuart, son undoubtedly to Alexander, Earl of Buchan and Ross, Lord Badenoch, her husband, who was a younger son to Robert II.', begotten upon Elizabeth More ; as is clear from the 27th charter of the 8th roU of King Robert II. which foUoweth ; — Robertus — Omnibus — Sciatis nos dedisse — dilecto nepoti nostro Waltero Senescalli, militi, superioritatem, sive superius dominium, terrarum partis occidentalis de Kynfawns, infi-a Vice comitatum de Perth, quae, sive quod fuit dilectae consanguineae nostrae Eufamiae Dominae de Ross, filiae et haeredis quondam Willielmi Comitis de Ross ; et quam, sive quod eadem Eufamia, in sua legittima viduitate, nobis sm'sum reddidit, pureque et sim pliciter resignavit, ac totum jus et clameum quae in dicta superio- ritate, sive superiori dominio, habuit vel habere potuit, pro se et haeredibus suis, omnino quietum clamavit in perpetuum. Tenend. et Habend. dicto Waltero, haeredibus suis et suis assignatis, de nobis et haeredibus nostris, in feodo et haereditate ; per omnes rectas metas et divisas suas ; cum omnibus et singulis libertat. com moditat. aysiamentis, et justis pertinentiis suis quibuscunque, ad dictam superioritatem, sive superius dominium spectant. seu quo quomodo juste spectare valentibus in futumm ; adeo libere sicut dicta Eufamia, vel pater suus praedictus, vel aliquis praedeces- sonim suorum, dictam superioritatem, sive superius dominium, aliquo tempore, liberius, quietius, juste tenuerunt seu possiderunt. Faciendo inde servitia debita et consueta. In cujus rei testimo nium — Testibus — Apud Kylwynnen, vicesimo-quarto die Aprilis. Anno Regni nostri duodecimo. These two parts of Kinfawns were, in process of time, joined into one body, or barony : From whence Sir George Hay, Eail of Kinnoul and Lord High Chancellor of Scotland, took his title and designation, before he was advanced to the degree of Viscount of Duplin ; as may be seen by the following proxy, kept amongst the public records. K 146 Jacobus, Dei Gratia, Magnae Britanniae, Franciae et Hyber- niae Rex, fidei Defensor ; Omnibus probis hominibus suis ad quos praesentes litterae pervenerint, Salutem. Sciatis quod suscepimus Reverend, in Christo Patrem, Georgium Orcadum Episcopum — vel eorum aliquos vel aliquem, Actornatos vel Actomatum prae dicti nostri Cancellarii, Domini Georgii Hay de Kinfawns, militis, nostri magni Cancellarii, in omnibus negotiis et loquelis, placitis et quaerelis, motis seu movendis, ipsum Dominum Georgium Hay tangent, seu tange're valent. quibuscunque diebus et locis, contra quoscimque, et coram quibuscunque. Quare praecipimus et man damus, quatenus dictum Reverend, in Christo patrem Georgium Orcadum , Episcopum — vel eomm aliquos vel aliquem, quos vel quem praesentes vel praesentem esse contigerit, tanquam Actor natos vel Actornatum dicti nostri Cancellarii, in praemissis reci- piatis, praesentibus post annum minime valituris. In cujus rei testimonium, has litteras nostras sibi fieri fecimus patentes. Apud Edinburgh, vicesimo-quarto die mensis Septembris, Anno Regni nostri 58 et 22, 1624. The seal, green wax, on a tag of parch ment ; on one side, a duke's crown, above the extremity of the escutcheon ; on the other side, a man on the ground, armed with a naked sword in his right hand. I talie this seal to be a particu lar seal for this business. This eminent chanceUor died in 1635, and was succeeded in his office by John Spotiswood, Archbishop of St. Andrews and Primate of Scotland, brother to James, Lord Bishop of Clogher in Ireland, my great grandfather, who was named Archbishop of Cashal, after the death of Malcolm Hamil ton. His son Sir Henry mai-ried Dame Jean Bulkly, daughter to Sir Trustram Bulkly of Castlebornhill, in the Isle of Anglesey, and niece to the Viscountess of Valencia, who bore Jean Lady Roslin, my mother, and several other brave children, who served King Charles I. with great reputation during the late troubles. 117 No. IIL This Number refers to P. 52. The Abbey of the Holy Cross, close adjoining Edinburgh, was founded by Kmg David, son to Malcolm Canmore, Anno 1128, for canons regular of St. Augustine ; according to the chronicle of Melrose, and the Ckronicon Sanctae Crucis, in the fii'st vol. of Anglia Sacra, p. 160, in the very place where the Saint, hunting on Holy Rood-day, commonly caUed, The exaltation of the Holy Cross,* or the 14th of September, was struck to the ground by a wild deer running towards him in a speedy and full course. During those misfortunes, 'tis said, that a cross slipt miraculously from the tynes of the stag into his hands ; on the sight whereof, the deer immediately marched off. No man could ever know of what metal or wood the cross was made. Here it was kept most carefully, tiU King David Bruce carried it along with him to Eng land, where it was talien at the field of Durham, the 17th of October 1346, with the King, and several Bishops and Eails, by Ralph, Lord NeviU, and John Nevill his son ; and offered t6 the * This feast is supposed, by the Roman breviaries, to have been established upon a private account, which fell out to Heraclius, successor to Phocas, after the defeat of Oosroes, King of Persia ; Yet it is certain, that both the Greek and Latin Churches kept that festival in memory of the Cross that appeared to Constantine, long before Heraclius. The author of the life of Eutichius, Patriarch of Constan tinople, C. 50, says, That being recalled from his exile by the Emperors Justin and Tyber, he went to a monastery in Passingby, postquam salutiferae etiam Crucis memoriam, die 14 mensis Septem. splendide celebraviinus, Monasterio benedixit. Leontius Bishop of Neapolis in the Isle of Cyprus, speaks of this feast in the Life of St. Simeon, surnamed Salus ; apud Surium, die 5 Julii, C. 5, tempore Justi- niani Imperat. cum accederent ii qui Christi erant amantes, et pro morte Christi sancta loca cupiebant adorare quae sunt in sancta Civitate, in exaltatione pretiosae et vlvificae Crucis. So it is probable that Constantine, who consecrated the Fridays to the Memory of the Cross, established also the feast of the exaltation of the Cross. Vide Euseb. in vita Constant. 1. 3, cap. 49, et 1, 4. cap. 18, 148 shrme of St. Cuthbert, with the B. V. Mary and St. John the Apostle, of pure and massy gold, on the foot, or the pedestal, which was garnished all about with rich and large diamonds, -pre cious rubies, fine turquoises, and costly emeralds, and placed on the piUar near St. Cuthbert, in the south alley of the cathedral. The original charter of the foundation, produced by John Leith, Abbot of Holyroodhouse, was confirmed by King Robert IIL, and is transcribed in the 9th roll of our records ; which is the first roll of that Prince's, with this title. CARTA confirmationis PRO MONASTERIO S. CRUCIS DE EDIN BURGH, DE DIVERSIS TERRIS ET ECCLESIIS, DATIS ET CONCES SIS EIDEM MONASTERIO ET CANONICIS, PER DAVID QUONDAM REGEM SCOTORUM, FILIUM S. MARGARETAE, ET FUNDATOREM DICTI MONASTERII. Robertus, Dei Gratia, Rex Scotorum ; Omnibus probis homi nibus totius terrae suae, Clericis et Laicis, Salutem. Sciatis quod inspeximus quandam cartam confii-mationis, recolendae memoriae quondam Domini David Bruys, Regis Scotorum Ulustris ; non rasam, non abolitam, non cancellatam, nee in aliqua sui parte vitiatam, formam quae sequitur, de verbo in verbum, continentem : David, Dei gratia. Rex Scotoiiun ; Omnibus probis hominibus totius terrae suae, Clericis et Laicis, Salutem, Sciatis nos inspex- isse, ac veraciter intellexisse cartam confirmationis clarae memoriae Domini Patris nostri ; non aboUtam, non cancellatam, nee in aliqua sui parte vitiatam, in haec verba: Robertus, Dei gratia. Rex Scotorum ; Omnibus probis hominibus totius terrae suae, tam Clericis quam Laicis, Salutem. Sciatis nos coram Concilio nostro diligenter inspexisse, ac veraciter intellexisse cartam bonae memo riae Domini David, Regis Scotorum illustris, praedecessoris nostri, factam religiosis viris Abbati et Canon. Regularlbus Ecclesiae Sanctae Cricis de Edinburgh ; non abolitam, non cancellatam, nee in aliqua sui parte vitiatam, sed vero Sigillo Domini David Regis signatam, in hace verba : In nomine Domini nostri Jesu Christi, 149 et in honore Sanctae Crucis, et Sanctae Mariae Virginis, omnium- que Sanctorum; Ego David. Dei gratia. Rex Scotorum, regali auctoritate, assensu Henrici filii mei, et Episcoporum Regni mei, Comitum quoque Baronumque confirmatione et testimonio, Clero etiam acquiescente et Populo, divino ins.tinctu omnia subscripta concedo Ecclesiae Sanctae Crucis de Edwynesburg, et pace perpe- tua confirmo. Haec itaque sunt quae Ecclesiae praefatae, et Canonicis Regularibus in eadem Deo senientibus, in libei-am et perpetuam eleemosynam concedimus ; Ecclesiam sciz. Castelli, cum omnibus appendiciis et rectitudinibus suis, et examen duelli, aquae et ferri calidi,* quantum ad Ecclesiasticam dignitatem per tinet ; et cum Salectuna. per suas rectas divisas ; et Ecclesiam Sancti Cuthberti, cum parochia, et omnibus rebus quae eidem Ecclesiae pertinent ; et cum Kii'ketoune, per rectas divisas suas, et cum teri-a in qua ipsa Ecclesia sita est, et cum alia teiTa quae sub Castello jacet, riz. a fonte qui oritur juxta angulum gardini mei, per viam qua itur ad Ecclesiam Sancti Cuthberti, et ex alia parte, sub Castello, usqueqiio pervenitur ad unam Craggam, quae est sub eodem Castello versus orientem ; et cum duabus capellis, quae ad eandem Ecclesiam Sancti Cuthberti pertinent, scilicet, Crostorfyne, cum duabus bovatis terrae et sex acris ; et ilia capella de Libertoune, cum duabus bovatis terrae ; et cum omnibus decimis et rectitudi nibus, tam de vivis quam de mortuis, de Legbernard, quas Maoh- bet vere eidem Ecclesiae dedit, et ego concessi; et Ecclesiam de Hereth, cum terra quae ad eandem Ecdesiam pertinet; et cum tota teiTa quam ego ei augmentavi et dedi, sicut ministri mei et probi homines perambulaverunt, et tradiderunt Alkwyno Abbati ; cum una saUna in Hereth, et viginti sex acris terrae. Quam Ec clesiam et terram praenominatam, volo ut Canonici Sanctae Crucis teneant et possideant in perpetuum, hbere et quiete. Et prohibeo firmiter, ne aliquis Canonicos, sive homines eorum qui in eadem terra manent, injuste gravent aut disturbent ; neque aliquas opera- tiones, sive auxilia, sive consuetudines seculares, injuste ab eis * Henry IH. of England, changed the unnatural and long-continued, ancient Trials in Criminal Causes, by Fire and Water, into other punishments, viz. Imprisonments or Banishments, An. Regni 3, Prynne, P. 48. 150 exigant. Volo etiam, ut iidem Canonici habeant libertatem Mo- lendini faciend. in eadem terra ; et ut habeant in Hereth omnes consuetudines illas, et rectitudines, et aysiamenta, videlicet in aquis et piscationibus, in pratis et pascuis, et in omnibus aliis ne- cessariis rebus, sicut melius habuer. die illo quo illam habui in meo dominio. Et Broctimam, cum rectis divisis ; et Innyrlyth illam quae vicinior est portui, cum rectis divisis suis, et cum ipso portu, et cum medietate piscationis, et cum tota decima totius piscationis quae ad Ecclesiam Sancti Cuthberti pertinet. Et Petendreiam, cum suis rectis divisis ; et Hamere, et Fordame, cum suis rectis divisis ; et hospitale, cum una carrucata terrae, et quadraginta so lidos de meo burgo de Edwynesburg, singulis annis; et redditum centum solidorum, singulis annis, ad indumenta Canonicorum, de cano meo de Perth, et hoc de primis navibus quae negotiationis causa veniunt ad Perth ; et si forte non venerint, concedo praefatae Ecclesiae, de meo redditu de Edwynesburg, quadraginta solidos, et de Stryvelyne, viginti solidos, et de Perth, quadraginta solidos ; et unum toftum in Stryvelyne, et tractum unius retis ad piscandum ; et unum toftum in burgo meo de Edwynesburg, liberum et quietum ab omni consuetudine et exactione ; et unum toftum in Berwyc, et tractum duorum retium in Scypwel ; et unum toftum in Renyfry, quin que perticatarum ; et tractum unius retis ad salmones, et ibi piscari ad allecia, libere. Et prohibeo ne aliquis inde a vobis, sive ab homi nibus vestris, aliquas consuetudines exigat. Concedo etiam prae- fatis Canonicis, de Camera mea, singulis annis, decem libras ad luminaria Ecclesiae, et ad operationes ejusdem Ecclesiae, et ad re- parationem earundem operationum, in perpetuum. ¦ Praecipio etiam omnibus ministris meis, et forrestariis de Stryvelynesyre et de Clacmannan, quod Abbas et Conventus habeant liberam potesta- tem in omnibus nemoribus meis et forestis, capiendi tantum de materia, quantum eis placuerit, et voluerint ad aedificationem Ecclesiae suae et domorum suarum, et ad quaelibet negotia sua facienda. Et praecipio quod homines eorum, qui ad eorum nego tia in eisdem nemoribus materiam capiunt, meam firmam pacem habeant, et ita, quod non permittatis quod in aliquo disturbentur. Et porcos dominicos supradictae Ecclesiae, in omnibus nemoribus 151 meis concedo esse quietos de padnagio. Concedo etiam praefatls Canonicis, medietatem sepii, et uncti, et coriorum de occisa de Edwynesburg; et decimam de omnibus cetis et marinis belluis, quae mihi eveniunt ab Avyne usque ad Colbrandespade ; et deci mam omnium placitorum meorum et lucrorum, ab Avyne usque ad Colbrandespade ; et medietatem meae decimae de meo cano, et de meis placitis et lucris de Kentyi-e et de Erregyl ; et omnes pelles arietinas, et ovinas, et agninas de Castello, et de Linlythqu, quae moriuntur de meo dominio ; et octo celdras dg brasio, et octo de farina, et triginta carratas de Busche de Libyrtoune, et unum de Molendinis meis de Dene, et decimam Molendini de Libyr toune et de Dene, et novi Molendini de Edwynesburgb, et de Craggenemars quantum inde habeo in meo dominio, et quan tum Vineth Albus eis de eodem craggo in eleemosynam dedit. Concedo etiam eis Herbergare, quoddam burgum inter eandem Ecclesiam et meum bm-gum. Et concedo ut burgenses eorum habeant communionem vendendi res suas venales, et emendi in foro meo, libere, et absque calumpnia et consuetudine, sicut mei pro- prii burgen. Et prohibeo ne aliquis in burgo eorum panem, aut paimum, vel cervisiam, aut aliquid venale capiat per vim, aut sine voluntate burgen. Concedo etiam, Canonicos esse quietos de theloneo, et de omni consuetudine, in omnibus burgis meis, et per totam terram meam, sciUcet, de omnibus rebus quas ement vel vendent. Et prohibeo ne quis capiat pandum super terram Sanc tae crucis, nisi Abbas ejusdem loci rectum et jus facere recusaverit. Volo autem, ut omnia praescripta ita liberaliter et quiete teneant, sicut ego meas proprias terras possideo. Et volo, ut Abbas curiam suam ita libere, et plenarie, et honorifice habeat, sicut Episcopus Sancti Andreae, et Abbas de Dumfermelyne, et Abbas de Kelcou, curias suas habent. Hiis Testibus, Roberto Episcopo Sancti Andreae, Johanne Episcopo Glasguensi, Henrico filio meo, Wil Uelmo nepote meo, Edwardo CanceUario, Hereberto Camerario, GiUimichael Comite, Cospatricio fratre Dolfyni, Rodberto de Monte Acuto, Rodberto de BumevUe, Petro de Bruys, Norman- no Vicecomite, Oggii, Leisyng, GUUse, WUliel. de Grame, Tursta- no de Crectune, Blemo Archidiacano, Aelfrino Capellano, Walerano Capellano. Quam quidem cartam, in omnibus et per omnia, pro 152 salute animae nostrae, et animarum omnium anteces. et successo rum nostrorum, Regum Scotiae, Approbamus, Ratificamus, et pi'aesenti Carta nostra, Confirmamus. Mandamus etiam et firmi ter praecipimus Justiciariis, Vicecomitibus, Praepositis, et eorum Ballivis, ad quorum notitiam praesentis Cartae inspectio pervenerit, Quod Abbatem et Canonicos supradictos, contra tenorem cartae supradictae, et Confirmationis nostrae Regiae concessionem, nulla tenus gravare seu molestari praesumant injuste, super nostram plenariam forisfacturam. In cujus rei testimonium, praesenti cartae nostrae, Sigillum nostrum praecepimus apponi. Testibus venera bilibus in Christo patribus, WiUielmo Sancti Andreae, et WilUelmo Dunkelden. Dei gi-atia, Episcopis ; Bernardo Abbate de Abyrbro- thock, Cancellario nostro ; Thoma Ranulphi, Comite Moraviae, Do mino VaUis Annandiae et Manniae ; Waltero SenescaUo Scotiae ; Ja cobo Domino de Douglas; Johanne de Menyteth; Gilberto deHaya, Constabulario Scotiae ; Roberto de Keth, Marescallo Scotiae, et Alex andro de Seton, militibus ; et multis alus. Nos vero jura et libertates praedicti Monasterii, in omnibus conservare volentes ilUbatas, ac beneficia, per praedecessores nostros Reges Scotiae, Deo et Ecclesiae oblata, augmentare cupientes, jugibus gratiarum incrementis, prae dictam cartam Confirmationis Domini Patris nostri, in omnibus punctis, articuli?, conditionibus et circumstantiis suis quibuscunque, forma et effectu Approbamus, Ratificamus, et pro nobis et haere dibus nostris, eisdem Abbati et Conventui, et eomm successoribus, in perpetuum Confii'mamus, Et volumus, quod omnes terras suas praedictas habeant, teneant et possideant, in liberam Regalitatem, cum plena adniinistratione ejusdem Regalitatis, in omnibus et per omnia ; adeo libere et quiete, sicut aliqua Regalitas in Regno no stro tenetur seu possidetur per quoscunque. Volumus etiam, quod dicti Abbas et Conventus habeant et possideant CappeUaniam Ca peUae nostrae, ita quod Abbas dicti Monasterii qui pro tempore fuerit, sit CapeUanus noster principalis, et unum Concanonicum suum substituat in nostra CapeUa, loco sui ; qui oblationes, obven- tiones, et omnia alia quae de jm-e aut consuetudine ad nostram CapeUam spectant, integre percipiat. In cujus rei testimonimn, praesenti cartae nostrae, SigUlum nostrum praecepimus apponi. Testibus, venerabUi in Christo patre Domino WUlielmo, Dei gra- 153 tia, Episcopo Sancti Andreae ; Roberto Senescallo, nepote nostro ; Duncano Comite de Fyfe ; JoJianne Ranulphi, Comite Moraviae, Domino VaUis Anandiae et Manniae ; Patricio de Dunbar, Comite Mai'chiae ; Mauricio de Moravia, Malcolmo Flemyng, et Thoma de Camoto, CanceUario nostro, mUitibus. Apud Monasterium de Dumfermelyne, penultimo die Decembris, Anno Regni nostri, quarto-decimo. Quam quidem cartam, in omnibus punctis et articulis suis, ac circumstantiis universis, forma pariter et effectu praescriptis, pro nobis et haeredibus nostris, Approbamus, Ratifi camus, et in perpetuum Confirmamus. In cujus rei testimonium, praesenti Cartae nostrae confirmationis, nostmm praecepimus apponi SigUlum. Testibus Venerab. in Christo Patribus, Waltero et Mattheo, Sancti Andreae et Glasguen. Ecclesiarum Episcopis; Roberto Comite de Fife et de Meneteth, fratre nostro carissimo ; Archibaldo Comite de Douglas, Domino Galwidiae, consanguineo nostro ; Jacobo de Douglas, Domino de Dalketh ; Thoma de Erskyne, consanguineis nostris dilectis, militibus ; et Alexandro de Cokbume de Langton, Custode Magni SigiUi nostri. Apud Edin burgh, quinto die Aprilis, Anno Regni nostri, primo. The most part of this building was defaced and levelled to the ground, by the armies of Henry VIII. after the Raid of Solway Moss. At which time the Baptismal Fonts, (a curious work of gil ded brass) on which our Kings' children were christened, were carried from hence to England, and placed in St. Alban's Church, with the foUowing Inscription : Cum Letha, oppidum apud Scotos non ince- lebre, et Edinburgus, primaria apud eost civitas, incendio confa- grarent, Richardus Laeus, Eq'ues auratus, me, Jlammis ereptum, ad Anglos perduxit. Hujus ego beneficii memor, non nisi Regum liberos lavare solitus, nunc meam operam etiam irifimis Anglo- rum libenter condixi. Laeus victor sic voluit. Vale. Anno Do mini 1544, et Henrici VIU. 36. Those Fonts, caUed the Brazen Fpnt, by Boethius' Translator, were brought from abroad by Robert Ballantine, Abbot of this Monastery, a man eminent for his holiness ; together with 24 copes of gold or silk, a chalice and euchariste of fine gold, several chalices of silver, with the gi-eat bells. He thatched the kirk of 154 his Abbey with lead, says the said translator, built the steeple of the North Church, or St. Ninian's Church, and Bridge of Leith, 1493, also another bridge on Clyde; and bestowed weekly four boHs of wheat, and forty shiUings in money, on the poor and indi gent. At length he died a Carthusian, near Perth, in that monastery caUed Vallis virtutis. The last regular abbot of this place was Robert Stuart, base son to King James V. by Euphame, daughter to the Lord Elphinston. After the forfeiture of Hep- bum Earl of Bothwell, he was created Earl of Orkney and Zet land, by King James VI. Anno 1581. He excambed his Abbey with the Bishoprick of Orkney and Zetland, and so became sole lord of these countries : By which means Adam Bothwell, Bishop of Orkney, became also Commendator of Holyroodhouse, and en joyed it for several years. He married Margaret Murray, a daughter of Polmais, in Stirlingshire, who bore John, Fi-ancis, James, George, and a daughter named Helene. John Bothwell succeeded his father in 1593, and was created a Peer by King James VI., the 20th of December 1607, to be called Lord Holyroodhouse. He took to wife Mary, daughter to Sir John Carmichael of that ilk, by whom he had a son named John, who succeeded to his honours and fortune ; but he dying without issue and heirs, the title of Lord Holyroodhouse became extinct. No. IV, This Number refers to Page 60. Stratherne in Perthshire, where the frost is strong, and con tinues long, is mentioned by Juvenal, Satyr. 2. v. 159. ¦ Anna quidem ultra Littora Jubernae proinovimus, et modo captas Oi'cadas, ac minima contentos nocte Britannos.*' 155 and by Claudian, Panegyr. 2. in laudes Stiliconis. ** Me quoque vicinis pereuntem gentibus, inqiiit, Munivit Stilico, totam cum Scotus lernam Movit, et infesto spiimavit remige Tethys." Which verses, with the other verse of the said poet, Carm. 8. " Scotorum curaulos flevit glacialis lernae," cannot be appUed to any other part of this world, than to Strath erne ; as I have shewn elsewhere, in my answer to Matthew Ken nedy. Buchanan caUs this stewartry lemia, from the Water of Earn, which takes its head from Loch Earn, towards the Grampian HiUs, divides the country, and faUeth into Tay below Aber nethy, the royal seat of the Picts, if we may give credit to our histories. Robert, Steward of Scotland, thereafter Robert II., was created Earl' of Stratherne, by his uncle King David IL, Anno 1357, as appears by the two following charters, granted to the lairds of Caldore and Roslin, which I have transcribed from the originals, in their charter-chests : — "^ David, Dei Gratia, Rex Scotorum ; Omnibus — Sciatis nos approbasse, ratificasse, et pro nobis et haeredibus nostris ia perpe tuum confirmasse, donationem et concessionem illam, quam quon dam Duncanus Comes de Fyfe, fecit et concessit quondam Bea- trici de Douglas, sponsae quondam Archibaldi de Douglas, mUitis, et haeredibus suis, de Baronia de Wester-Caldore, cum pertinent. infra Vicecomitatum de Edinburgh : Et etiam donationem et con cessionem Ulam, quam Willielmus Dominus de Douglas dedit et concessit quondam Jacobo de Sandylandis, et Eleonorae de Bruys, sponsae suae, de praedicta baronia, cum pertinentiis. Tenend. et Habend. eidem Eleonorae et haeredibus suis, inter ipsam et dic tum quondam Jacobum procreatis de nobis et haeredibus nostris, in feodo et haereditate, per omnes — cum omnibus libert. — adeo libere — in omnibus et per omnia, sicut cai'tae praedicti Willielmi 156 Domini de Douglas, eisdem quondam Jacobo et Eleonorae spon sae suae, inde confectae, plenius juste proportant et testantur; salvo servitio nostro. In cujus rei testimonium, praesenti Cartae nostrae, sigillum nostrum praecepimus apponi. Testibus venerab. in Christo patribus, WiUielmo et Patricio, CanceUario nostro, S. Andreae et Brechin. Ecclesiarum, Dei Gratia, Episcopis, Ro berto SenescaUo Scotiae, Comite de Stratherne, nepote nostro carissimo ; Thoma Comite de Marr, consanguineo nostro dUecto ; WiUielmo de Levyngston, WiUielmo de Ramisay, Roberto de Ers kyn, Johanne de Preston, militibus. Apud Edinburgh, vicesimo die Januari, Anno Regni nostri, vicesimo-octavo." " David, Dei Gratia, Rex Scotorum ; Omnibus — Sciatis nos dedisse, concessisse, et hac praesenti Carta nostra confirmasse dilecto et fideli nostro WiUielmo de Sancto Claro, omnes teiTas de Merton et de Merchamyston, cum pertinentiis, infra Vicecomita tum de Edinburgh ; quas WUlielmus Bysett, coram venerab. in Christo PP. WiUielmo et Patricio, Cancellario nostro, Sancti An dreae et Brechin. Dei Gratia Ecclesiarum Episcopis ; Thoma Bysett, WUlielmo de Ramisay et David de Anandia, mUitibus, ac aUis Magnatibus Regni nostri. Apud Edinburgh, decimo die Fe- bmarii, Anno Dom. 1357, nobis per fustum et baculum sursum reddidit et resignavit, ac totum jus et clameum quod in dictis terris habuit, vel habere potuit in futurum, pro se et haered. suis, mera et spontanea voluntate sua, quietum clamavit in perpetuum. Te nend. et Habend. eidem WUlielmo et haeredibus suis, de nobis et haeredibus nostris, in feodo et haereditate, per omnes rectas metas et divisas suas, in boscis et planis — adeo libere et quiete, in omni bus et per omnia, sicut dictus WUlielmus Bysett, dictas teiras, cum pertinent, ante resignationem de dictis terris nobis factam, liberius, quietius, plenius et honorificentius, de nobis tenuit seu possedit. Faciendo nobis et haeredibus nostris, ipse WiUielmus et haeredes sui, servitium de praedictis terris debitum et consue tum. In cujus rei testimonium, praesenti cartae nostrae Sigillum nostrum praecepimus apponi Testibus venerab. in Christo Patribus WUlielmo et Patricio, CanceUario nostro Scotiae, Sancti Andreae 157 et Brechin. Ecclesiaium Dei Gratia, Episcopis ; Roberto, Senes caUo nostro Scotiae, Comite de Stratherne ; Thoma Comite de Marr, WUUelmo Comite de Douglas, WiUielmo de Levingston, Thoma Bysett, WilUelmo de Ramisay et David de Anandia, militibus ; et multis alus. Apud Edinburgh, praedicto decimo die Febmarii, praedicti anni Regni nostri, vicesuno-octavo." When King Robert came to the Crown in 1371, he bestowed this eai-ldom upon Darid, his eldest son by Euphame Ross, his second wife, whose only daughter Euphame was given in mai-- riage to Patrick Graham, who, in her right, became Earl of Strath erne. Their son Malyse was also Earl thereof, tUl such time as King James I., busied with the thoughts of increasing his revenues, quEUTeUed his right, notwithstanding that the title had been given to his grandfather, and his heirs whatsomever ; as is cleai' from the evidences and 'wiitings granted by King Robert to Earl David, his son, pages 59 and 60. Yet WiUiam Earl of Monteith, Presi dent of his Majesty's Council, was served and retoured heir to Darid Earl of Stratherne, his ancestor, in Curia Vicecomiiatus de Edinburgh, tenta in praetorio burgi ejusdem, coram Domino Lu~ dovico Lawedre de Over-Gogar, milite, Vicecomite principali dicti Vicecomiiatus, specialiter constituto, vicesimo quinto die mensis Maii, Anno Dom. 1630, virtute dispensationis, ex deliberatione Dominorum Concilii, penes praesens vacantiarum tempus concess. and by the Prince's exceeding favour, was restored to his descent, and to the Earldom of Stratherne ; which gave way to WiUiam Drummond of Hawthornden to fill up his Memorials of State with a great deal of stuff and nonsense, page 351, impress. London, 1681. 158 No. V. This Number refers to Page 1 34. Our Kings were set on the throne, and crowned with a great deal of pomp and solemnity very early ; nevertheless they were not anointed with oU tUl the 1331 ; in which year my manuscript. Codex Hayanus, I. 27, cap. 9, says, Anno Domini 1331, octavo Calend. Decemb. inunctus est in Regem David puer octennis, filius Domini Roberti de Broys Regis, apud Sconam, per minis- terium D. Jacobi Ben. Epis. S. Andreae, per bullam D. Johan nis XXIL, Romanae Ecclesiae Antistiiis, de ungendo, et alia solemnia intermiscendo. It appears by a hull of Pope John XXII., dated at Avignon, Idi- bus Junii, or the 13th of June, Anno Pontificatus sui decimo-tertio, that King Robert I. was desirous to receive those unctions, which gave a preheminence or prerogative to aU Christian Princes at the Court of Rome, as it was regulate under Julius IL, Anno 1504 ; according to his ceremonial, penned by Paris de Grassis, his mas ter of ceremonies, from whose manuscript, in my Ubraiy, I shaU transcribe the foUowing Table, which ends this work. ordo REGUM et DUCUM, EX PARIDE DE GRASSIS, BONONIEN- SI, MAGISTRO CEREMONIARUM, SUB JULIO II. PONTIFICE MAXIMO. Ordo Regum. Ordo Ducum. Impey-ator Caesar Dux Britanniae Rex Romanorum Dux Burgundiae Rex Franciae Dux Bavariae, Comes Palali- Rcx Hispaniae nus Rex Arragoniac Dux Saxoniae Rex Portugalliae Marchio Brandenburgcnsis Rex AngUae, discors cum In- Dux Austriae bus praedictis Dux Sabaudiae 159 Ordo Regum. Rex Siciliae, discors cum. Rege Portugalliae Rex Scotiae Rex Hungariae Rex Navarrae, inter se discor- des Rex Cypri Rex Bohemiae Rex Poloniae Rex Daniae. Ordo Ducum. Dux Mediolanensis. Dux Venetiarum Dux Bavariae Dux Lotharinsiae o Dux Barthoniae Dux Aurelianensis Dux Januae Dux Ferrariae Dux Florentinae Reipublicae : Cujus administratio, Jcedere cum Carolo V. inito, a Cle- mente VII. ordinata est penes Medicaeos, qui absoluta po- testate Jruuntur, et nemini, ratione dominii, subjiciun- tur ; et Magni Ducis dig nitatem, Poniificis beneficio, accepere, Anno 1568. DISSERTATION CONCERNING THE MAKIIIAGE OF ROBERT SENESCHAL OF SCOTLAND ELIZABETH MORE. JOHN GORDON, Es^. of Buthlaw. translated from the ORIGINAL LATIN, PUBLISHED AT EDINBURGH IN 1759. DISSERTATION CONCERNING THE MARRIAGE OF ROBERT SENESCHAL OF SCOTLAND ELIZABETH MORE. Many writers have remarked, how contradictory are the accounts in relation to the marriage of Robert Seneschal of Scotland, (afterwards Robert II. king of Scotland of that name,) with Elizabeth More, which have been handed down by most of our historians, on the evidence and au thority of deeds and records, registered in the same age in which the marriage was acknowledged ; but no person has satisfactorily explained, nor indeed all along observ ed, the causes which produced so great and extraordi nary a disagreement. In tracing this affair, no one will imagine that it is greatly to be wondered at, that the genius and industry of learned men have, for above a century, proved ineffectual, if he will now observe, how repugnant are the accounts which these historians have related, to those preserved in charters and monuments, both public and private. 164 Buchanan says,* " In the third year of her reign, died Queen Euphemia, daughter to Hugh Earl of Ross. The King had three children by her, Walter afterwards Earl of AthoU, David Earl of Strathern, and Euphemia, whom I have before mentioned to have married James Douglas. Robert, not so much from impatience of an un married state, as out of love for the sons he had formerly by Elizabeth, espoused her. When a youth, he had cherished a passionate love for this lady, daughter of the illustrious Sir Adam More, who was remarkable for her beauty, and had three sons and two daughters by her; and made provision to have her bestowed in marriage to Gifard, a nobleman in Lothian. But nearly about the same period, in consequence of the decease of Queen Euphemia, and Gifard, Elizabeth's husband, the King, whether influenced by his previous intercourse with More, or, as many say, in order to legitimize the sons he had by her, married their mother ; and immediately ad vanced the sons to riches and honours. John, the eldest, was created Earl of Carrie ; Robert, Earl of Menteith ; Alexander, Earl of Buchan : And not satisfied with tliis munificence, having appointed a parliament at Scone, he carried, to the prejudice of Euphemia's children, that, in electing a king, the gradations of age should be observed; which circumstance afterwards rendered such a numerous family almost extinct." The same writer afterwards adds ; f " I have said that Robert II. had three sons by a con cubine : although he had Walter and David, the one Earl of AthoU, the other Earl of Strathern, by his wife Euphe mia, the King, however, after their mother's death, mar ried the concubine, in order to leave her sons heirs of the Crown, legitimated by that marriage ; and when dying, left his eldest son invested with the regal dignity; the ' Hist. Scot, book ix. j- Tlie S.ime, book x. 165 administration of the realm being awarded to the second, over and above his vast opulence, and the third appointed governor over several districts. In this particular, although the other wife's children considered themselves wronged, being inferior, however, both in point of age and wealth, they, for the present, con cealed their resentment. The demise of the Earl of Strathern, who departed this Ufe, leaving an only daugh ter, also diminished their power. But AthoU, notwith standing he was inferior in every respect to the opposite faction, omitted no eifort to elevate his kinsfolk, nor gave up the hope of recovering the Crown." Such is Buchanan's account, from whom I have deemed it proper to extract this narration, not for the purpose of eliciting disapprobation of that most eminent writer, who as to this aiFair has transmitted as authentic, falsehoods bor rowed from other writers of our history, not fabricated by himself; but, because flourishing in a later age, and being far more renowned for eloquence, he has expanded and adorned fables which had undergone no improvement since their first publication. But the very facts and transactions put publicly and privately on record, even in those very times, and ratified by solemn instruments and writings, in which were partly involved the tranquillity and security of the whole state, partly the fortunes and dearest interests of each citizen, manifest, that the affair was far otherwise than has been reported by these authors. The superabun dance of these proofs may be conveniently referred to two classes. The proofs of the one class tend to determine the period of Robert's marriage. These clearly confirm that Elizabeth was Robert's first wife, Euphemia the second ;* * Act of Parliament, "tth April 1373, in the third year of Robert IL in the public records. 166 that the former died previous to the year of our Lord 1365, that is, a good many years before Robert obtained possession of the throne ;* but that the latter was alive for several years after that prince began to reign. Those which declare Euphemia surviving beyond the third year of Robert, are as follow : On the 24th day of November, in the year 1375, Queen Euphemia and David Earl Palatine of Strathern, who was her elder son, f accomplish what they designate an indenture, J by forming a contract between themselves and Alexander Moray of Drumsergorth. Afterwards, in the year 1378, on the 1 9th day of October, but in the eighth year of the reign of Robert II., the Queen gives her consent, and affixes her seal, to a charter granted to Thomas Raite, in a full parliament, by Walter Seneschal (Euphe mia's younger son); § and by his wife being heiress of the lord of the barony of Brechin, they afterwards, according to the customs of the age, obtained a sasine of that barony. || "What are considered proofs in the other class, serve to demonstrate the right and condition of the children by Elizabeth More, and verify, that they were openly ac counted legitimate, anterior to the third year of their father's reign, and were loaded with honours and riches becoming their lineage and rank. Although there ex ists almost an infinity of these proofs, I shall neither at tempt to enumerate all the records which are often • Charter of Robert Seneschal of Scotland, Earl of Strathern, conferred upon the church of Glasgow, in the archives of the Scottish University in Paris. f Now quoted in Acts of Parliament. } In the possession of Lord Abercairny, and exhibited in the Charters of Scot land. § Quoted in the above Acts of Pari. II The confirmation of that charter, granted by the King on the 22d day of the same month, October, is extant in the public register. 167 found written concerning one and the same act, nor all the acts, many of which frequently occur, bearing through out a resemblance to each other. For in so great a multi plicity of things, since I should feel as soUcitous not to prove tedious to the reader, as endeavour to con vince him, I presume it will suffice, that, observing as far as possible the order of time, a few of the more re markable arguments, and in other respects only indivi dual instances be proposed, and confirmed by single written deeds. Therefore, in the month of September, in the year 1351, (nearly twenty years before Robert's elevation to the throne,) when David King of Scotland, who, being taken in the battle of Durham, had fallen into the hands of the English, was about to proceed to Scot land by permission of England, to institute a discussion with his friends concerning his ransom, upon condition that he would return into custody again, within a limited time, and the heirs of a great many earls, and of other nobility of Scotland, were promised as hostages for that purpose; John, son and heir of the Seneschal of Scotland, is reckoned chief of the whole of these.* He afterwards succeeded his father in the government, under the title of Robert III. ; and then, in the year 1334, on the 13th day of the month of July, a treaty was assented to betwixt the Scots and English, at Newcastle, f that ninety thou sand marks of English money should be paid, by equal instalments, for King David's ransom ; that there should be a truce in the interim ; and with respect to advancing this money, that twenty noblemen's sons (whose names were comprehended in the stipulation) should be dehvered as hostages. With regard to one of these, the son and * Rymer's Publ. Acts, vol. y. p. 72i. I The Same, p. 793. 168 heir of the Earl of March, they agreed to detain him only till the first payinent ; but when it was forwarded, that the son and heir of the Seneschal of Scotland should sup ply his place as hostage, until the next payment ; after discharging which, when he was also liberated, Walter, son of the Seneschal of Scotland, (and the second son by Eliza beth,) * if then existing, or if dead, another of the Senes chal's sons, and the son and heir of the departed David Hay, Constable of Scotland, or another equally honour able, was to be given as hostages. Finally, precaution was taken, that according to the agreement of paying the money, the hostages would obtain freedom, provided that towards releasing them, proper pledges should remain, the persons of the Seneschal of Scotland's son, and of the Earl of March's son excepted. This treaty, renewed at Berwick on the 12th of November 1354, f proved however inefFectua], its accomplishment having by no means followed. % At last the matter was concluded concerning David's liberation, a convention being first entered into a,t Westminster, by the deputies of the Regent, Robert Seneschal, and counsellors of Scotland, || and those of the English King, § but completed and brought to an issue at Berwick on the 3d day of October, in the year 1357. f The Scots promised 100,000 marks of * Arg. appended to the same Rymer's Publ. Acts, vol. vi. p. 46, 87, and 198. f Rym. Publ. Acts, vol. v. p. 812. ^ With regard to this place, I ought to refer to what Winton in his Chronicle, c. 180, and the writer of the Scotichronicon, book xv. chap. 15, Edinburgh edit. report, viz. that about the yeaf 1355, John Stewart, son of Gardian Loi-d of Kijlc, led an army against the English, and recovered the whole of Annan to the allegiance of the King of Scots. II llym. Publ. Acts, p. 822, and vol. vi. p. 41. § Ibid. p. 32. 1 Ibid. p. '1-6. 169 EngUsh money for their king's ransom, to be defrayed within ten years, by equal instalments ; a truce was agreed on during this period ; and twenty youths, the sons of earls and other nobility, were given up as hostages. In enumerating these, John, son and heir of the Seneschal of Scotland, is enrolled in the first place. On the 16th of August 1357, he had a safe conduct granted him by the English, under the name of John Seneschal of the Lord of Kyle, when about to depart for England with an equal number of earls, viz, twenty horsemen ; a similar grant was made to the Earl of March when about to proceed to England ; * and, on the same day, ano ther safe conduct was prepared for the twenty hos tages, (in which number was John himself,) with the forty earls. -|- Besides, in that treaty which I have spoken of, it was provided, that John, son and heir appa rent of the Seneschal of Scotland, should be only detained till the first payment ; that after it was advanced, his next younger brother should succeed to his place ; and that he, and the Seneschal's other sons, who had acted as hos tages, should enjoy the same privilege of remaining sure ty only tiU each separate payment. King David after wards approved and had this agreement ratified, by consent of his counsellors, in a parliament held at Scone on the 6th day of November, in the year of grace 1357. % Upon remit ting the first portion of the money promised for the King's ransom, on the 24th day of June, in the year 1358, as had been resolved, John, eldest son of Robert Seneschal of Scot land, obtained his enlargement, and Robert's second son was substituted for him, § on the 13th of June 1360. The King of England, by his brevet, ordered him to be res tored again, so soon as the second payment was forwarded, ' Rymer's Publ. Acts, vol. vi. p. 33. t ibid. p. 31. \ Ibid. p. 68. § Ibid. p. 91. 170 and the third son received as surety. * Walter, Robert's second son by Elizabeth, having espoused Isabella, the daughter and heiress of Duncan Earl of Fife, f attained the lordship of Fife. After his death, Robert, the younger brother, assumed the title of Lord of Fife ; for on the 20th day of July 1361, he is found designated Lord of Fife. :]: The same Robert, upon marrying the grand-daugh ter of Alan Earl of Menteith, § obtained possession of the lordship of Menteith, which he for some time held without the dignity of Earl. Hence, on the 14th of May 1363, he is mentioned as Robert Seneschal of Menteith, \\ and Lord of MenteitJi. f Robert the father, on the 20th of July 1361, ratifying** by his charter the donatives presented by his ancestors to the Abbey of Paisley, enrols as witness, John Seneschal, Lord of Kyle, /lis eldest son and heir. The donation which the same adjudged to the * Rymer's Publ. Acts, vol. vi. p. 198. ¦j- This is manifest from an indenture betwixt Robert Seneschal Earl of Menteith, and Isabella Countess of Fife, framed at Perth on the penultimate day of March 1371, which Sir John Skene mentions in his book concerning the signification of words, under the word A rage ; and a copy of which is preserved in a MS. volume in the Advocates' Library, Edinburgh, comprising memoirs of Lord Lewis Stewart, and of others. I In a charter of Robert Seneschal of Scotland, in the chartulary of Paisley, granted on that day to the Monastery of Paisley, relating to the confirmation of his predecessors* donations. § Tlie indenture now cited. II Charter of Robert Seneschal of Scotland, granted on that day, concerning the oath of allegiance sworn by himself to the King, in the Scotichron. book xiv. chap. 27, Edinburgh edition. ^ Charter of Robert Seneschal of Scotland, presented to Robert of Ei-skyne and his wife, concerning the lands of Nisbet and Edinham : the words of which are preserved registered in a charter of Robert II. , granted to the same in a full par liament held at Scone, on the 3d day of April, in the third year of his reign, upon tlio score of hospitality, as they say, In reference to old Aberdeen, in the Abcnlcin chartulary. ' * Above cited. 171 church of Glasgow, on the 12th of January 1364, * for the purpose of endowing a chapel, is confirmed both by his own, and the seal of John Seneschal, Lord of Kyle, his eldest son and heir. At length the same Robert, and Joiin Seneschal, his eldest son and heir. Lord of the barony of Kyle, transfer for a consideration the monas tery of Paisley, into the number of the lands and tene ments of William More, knight, by their charter written concerning that affair, -f- In a parliament held at Scone on the 22d of June 1368, King David, with consent of the three Estates of the King dom, confirms in writing the Earldom of Carrie to John Seneschal, eldest son of Robert SenescJial of Scot land, and his wife Anabella, and their lawfully be gotten heirs. % John Seneschal Earl of Carrie, was among the Scottish King's Ambassadors, who at Lon don, in the month of June A. D. 1369, effected a truce of fourteen years with the English. § Robert Seneschal of Scotland, with consent of his eldest son and heir, John Seneschal, Earl of Carrie, confirms by his own and his son's signets, the property of Whitslade, with the casualties and services due to him from several other lands, bestowed upon Alan of Lauder. || In the year 1370, on the 17th day of September, King David yields the barony of Methven to his grandson, Robert Seneschal of Scotland (born of his sister), and to his spouse Euphe mia, taking, along with other witnesses, John, his grand- * Charter above quoted. f In the chartulary of Paisley. ^ Autograph, in the public records. § These rhymes are published by Rymer, in the Appendix to his first letter to the Bishop of Cai-lisle, p. 20. II That charter, confirmed by Robert II. on the 13th June, in the first year of his reign, is extant in the public register. 172 son's eldest son. Earl of Carrie* In a parliament holden at Perth, when the same King, with consent of his grandson, Robert Seneschal of Scotland, and his children, as also of the three Estates of the Kmgdom, grants to the bishops of Scotland the right of possessing the power to frame a will, and choose an heir of the moveables, as well by being testate as intestate, he constitutes the Seneschal of Scotland, and John Seneschal, Earl of Carrie, his eldest son and heir, as witnesses, pre-emi nent to all. f Upon David's decease, Robert, (whilst he was at Scone, during the period of his coronation,) on the 27th day of March, of the year 1371, when the pre lates, earls, barons, and others of the clergy and people of his kingdom, were standing by him, after the solem nities of the anointing and coronation were concluded, and upon avowal of the prerogative, by which he himself succeeded to the crown conferred upon him, as much by proximity of blood, as by declaration of his grandsire, Robert I. ; also, when according to custom, their oaths of homage and aUegiance were taken, by precedent of the same Robert I., resolved to proclaim in the same place his successor and rightful heir, in presence of the clergy and people. Therefore, with the unanimous con sent of the prelates, earls, nobles, and gentry, he declared his eldest son. Lord John, Earl of Carrie, and Seneschal of Scotland, to be his only true and legitimate heir, and that the succession to the throne, after his death, belonged to the said Lord, adding that this attestation in favour of a right which was sufficiently manifest, had been made by him, ex abundanti, over and above what was necessary, or as a matter of course. The nobles severally gave * The charter which Richard Hay published from an autograph In his Vin dication, rescuing from controversy the lineal descent of Robert IIL ( Tidep, 57.) -f Charter in the public register. 173 their testimony to the same, orally, every one for him self. This declaration was introduced into the Kins's privy council, as it was discussed in the private imperial cabinet. Thence all the people, together with the clergy, being convened by the King's command in the Parlia ment chamber, with their unanimous desire and con currence he approved of that declaration, propounded in public by voice of the royal clerk, in the manner it was performed. * Nor, regarding this very famous decree of the privy-council, the solemnity of the occasion, and the concourse of nobles, (who were then present in the assem bly,) was the proceeding discontinued. Proclamation was afterwards made, in every parliament held in the second year of Robert's reign, the decree of the three Estates of the kingdom intervening, that, at his father's death, the crown would devolve to the same John by right of succession, f About this very period of Robert's reign, Robert, the King's son, (owing to Walter the second son's decease,) was advanced to the dignity of Earl of Menteith.;}; Thereafter, by means of Isabella the Countess of Fife's concession, § he also arrived at the possession of the Earldom of Fife ; which earldom, after Isabella's demise, would fall, by right of succession, to Robert and his wife, from what they style a conscript entail, * An autograph instrument respecting that transaction, executed by a notary public, and ratified by the seals of the king and nobility, is extant in the public ar chives : which by mistake, is entitled on the back, a Declaration of Parliament, in a different hand from the one by which the Instrument itself is penned, (vide p. 133.) •j- The Act of Parhament above cited, written on the 4th of April 1373, bearij, that this declaration was made in the parliament immediately preceding ; but the parliament which immediately preceded, must, of necessity, have been held In the second year of Robert, since it appears from the inscription of some of Robert II. 's resolutions, among the statutes of the ancient Kings of Scotland, pub lished by Skene, fol. 59, that a parliament was held in that year, viz. on the 2d of May 1372. I Acts of the Privy Councih above cited. § The indenture constituted betwixt hira and Isabella, above cited. 174 as well by Lsabella herself, and her departed husband, Walter, the brother of Robert, as by Duncan, Isa bella's father. * He is found in possession of the new dignity of Earl of Fife, on the Sth day of April, in the second year -f of the reign of Robert II. ; he was thereafter denominated Earl of Fife and of Menteith. In addition to this, on the Sth day of February, in the second year of his reign, the King conceded to the same Robert, and the male heirs descending from him, the government of Stirling Castle, to continue in possession by feudal right.;}; On the penultimate day of March, in the first year of his reign, he- also tendered the Lordship of Badenoch to his third son, Alexander Seneschal, a cadet, and the heirs descending from him, (having substituted his son David, Earl of Strathern, in their stead, if they happened to fail.)§ And, on the contrary, on the 19th day of June, in the first year of his reign, he munificently aUotted the castle and barony of Urquhart to David, and the heirs descend ing from him ; and, provided that they failed in reference to this grant, he substituted Alexander. || On the 7th day of October, in the second year of his reign, he ap pointed the same Alexander to be what is termed Regent over the vice-earldom of Inverness (with the exception of the districts of the Earl of Moray's re gality), and over all the country extending from the northern part of Moray, to the Pentland Frith. % The same King, when, on the 3d day of July, in the first year of his reign, he confirmed the Earldom of Strathern, pre sented to his son David,** constituted witnesses, John, his * The Same. f Charter of Robert II. granted on that day to tlie burgh of Irvine, in the public register. I Charter of Robert II. iu the public register. § Ibid. II Ibid. T Ibid. •» Ibid. 175 eldest son. Earl of Carrick, and Seneschal of Scotland, Ro bert Earl of McnteitJi, and Alexander Seneschal, his most beloved sons. He likewise employed the same witnesses, when, on the Sth day of May, in the second year of his reign, he granted the Castle of Loch Leven to Queen Euphemia and the same David, to remain in their posses sion during their lifetime. * And respecting a certain con cession f made by the same King to Robert Erskine and his wife, in a fuU parliament at Scone, on the 3d day . of April, in the third year of his reign, his eldest son, John Earl of Carrie, Seneschal of Scotland, Robert Earl of Fife and of Menteith, Alexander Lord of Badenoch, and David Earl of Strathern, his most beloved sons, were ad mitted witnesses in the order of their respective ages. In the same parliament, on the 4th day of the same month of April, King Robert, desiring that a doubt ful succession, and the misfortunes and detriment often times resulting from the succession of females to the throne, be provided against, ordained, with consent of the three Estates of the kingdom, that the sons he had then by his first and second wife, and only the male heirs descending of them, should be his successors to the sceptre, in the following order of succession : that the crown should devolve, after his decease, to his eldest son John, Earl of Carrie, and Seneschal of Scot land, (whose right of succession had been fully de clared, in the parliament immediately preceding) and the male heirs by him ; after them, to Robert Earl of Fife and Menteith, his second son by the first wife, and the male heirs by him ; if they likewise became extinct, to Alexander Lord of Badenoch, third son by * Charter of Robert II. which Rich. Hay has published from an autograph In his Vindication, (page 58 of this volume. J t Above quoted. 176 the same wife, and the male heirs by him ; next, to David Earl of Strathern, son by the second wife, and the male heirs by him ; last of all, to Walter, David's brother-german, and the male heirs by him ; but upon all these having become extinct, to rightful and legitimate heirs, descended of royal blood. The three Estates of the kingdom approved this order of succes sion ; and John, Robert, and Alexander, the aged monarch's elder sons, and many of the principal persons of the realm, swore that they would preserve and defend it. At length the whole multitude of the clergy and people (which had been, by reason of this, summoned to Scone Cathedral,) agreed to it, when declared to them by public intimation.* This ordinance did not so far remove Wal ter (who was Robert's youngest son) in relation to attain ing the succession to the crown, or diminish his right in any particular, as it raised him much nearer to the hope of obtaining this, in consequence of the female issue being set aside, both of his other brothers, and of his brother-german David, which, but for this decree, would have preceded himself. And certainly, in the reign of James I. this law almost discovered to him the hope of an approaching succession, James with his infant son being then the sole survivors of all descending from his elder brothers by the male side, and who were them selves male. But when Walter, stimulated by headlong impatience to reign, preferred rather to pave a way to himself by parricide, in order to compass the succes sion to the throne, than await the natural events of des- * That Act, which I have also quoted above, is an autograph extant in the public records, and secured by the seals of the King and nobles ; but some of Its words having been already destroyed by being worm-eaten, a copy of the same, written many years ago, and preserved in the note-book of Lord Lewis Stewart, supplies its defects. 177 tiny, he was deeply intent in this affair about devising that most abandoned plot, which occasioned death to the king, destruction to himself and family, and the eternal infamy of his name with posterity. And thus by the clearest documents, and genuine demonstrations, it ma nifestly appears, that Elizabeth More was first wife to Robert, and that the children thence begotten, have, ever since the year 1351, been reputed legitimate by the con sent of all. From what source, then, have our historians derived their statements, so different from these ? or in what way has the truth been concealed from their observation ? While authors attempted to indite such things, whither had verity escaped? to what concealment had it with drawn? or what phantom, having counterfeited its as pect and form, interposed falsehoods before their eyes ? This investigation was easy and obvious ; yet no person has hitherto been discovered who could sufficiently un ravel these things. Narratives of the same subject exhibit such a mixture of what is authentic and spu rious, as that nothing bears a mutual resemblance ; on the contrary, all things are very different from and re pugnant to one another. Truly, for as many as have in any shape endeavoured to disentangle this knot, the de sign has completely failed. Some of these * have sus pected that the continuator of Fordun has abetted the side of the conspirators against James the First, and that he was perhaps the author of the fabulous tale, in which that impious assassination was defended. Others f have supposed, that the children whom Euphemia bore ' Rymer in his first letter to the Bishop of Carlisle, p. U , and Sir James Dalrymple in the preface to his Historical Collections, p. 39. f Lew. Innes, In the historical observations regarding the charter of Robert Seneschal of Scotland, published by himself. M 178 to Robert, were begotten in adultery, and by reason of this circumstance, the stain attaching to their extraction was erroneously transferred to those brought forth by the first marriage. Thus, while they desired the one party to be vindicated fi-om impUed reproach, they them selves wounded the other with the deepest wrong. Nor have they approved themselves so much the avengers, as the authors of calumny, by rashly and injudiciously en tertaining conjectures of facts which never had existence. We shall speak first concerning Robert's marriage with Elizabeth, in what way it proceeded, and how the con dition of the children afterwards born remained entirely unaffected. We shall then proceed to unfold the origin and progress of the error which has obtained in the writ ings of different authors. And indeed, if we have any writer of transcendent fidelity and care, a contemporary of that period, and a native of this country, who has avowedly transmitted the ceremony and the whole circumstances of that marriage ; I imagine there will be no person but will most readily confess, that he ought, without the slightest hesitation, to be credited. And such a one have we in Fordun, an author of the greatest veracity and industry, and un doubtedly the prince of our ancient historians, who flourished in the very age of Robert, and brought down a narrative of our affairs, (which he attests was composed by himself in the times of Richard IL King of England, whose reign was prolonged from the seventh year of Robert II. King of Scodand, to the tenth of Robert III, *) from the rise of the nation, to the fifteenth year of Robert II., which appears the exact time when the work was terminated. The fol lowing are his words concerning Robert's marriage :t ' Scotichron. vol. iv. p. 965, Hearne's edit. f The same, p. 962. 179 " This Robert united himself, de fado, to one of the daughters of Adam More, knight, by whom he had illegitimate sons and daughters ; but he afterwards, in the year of our Lord 1349, espoused her canonically, and according to the forms of the church, having obtained a special dispensation for that purpose from the Apostoli cal See." They who admit that this was -written by Fordun, (who, as he treated of a subject of which the whole world had been for many years cognizant, can neither be supposed ignorant of the truth, nor actuated by any wish to impose upon others,) must of necessity acknowledge that his account may be perfectly relied on, as embracing the real truth of the case. But if there be any who, though they be prepared to Usten to Fordun, a most creditable witness, may, however, entertain some mistrust on this head, whether he pronounced testimony in support of this side, because the chroniclers of a subse quent age have added so great a variety of matters in respect to his work, that it can scarcely now be deter mined what has proceeded from the hand of Fordun himself, what from that of the interpolators; — to banish every scruple from their minds, there are most powerful arguments, since, in a MS. copy of Thomas Gale, published by Hearne, which is considered, with good reason, to represent the genuine production of Fordun, neither interpolated nor continued by any one, are contained the words we have quoted ; and because an explanation of the genealogy (which the same book exhibits) of the kings of Scotland and England, pro longed from Malcolm III. and the divine Margaret, of which the words formerly quoted form a part, to Robert II. and Richard II. swaying the sceptre in England, at the very period of its writing, as is expressly affirmed, that is, it 180 discontinues at precisely the same age of Fordun, (which explication of the royal progeny, the continuator of Fordun afterwards fancied should be brought forward by himself to James IL, which he accordingly illustrated, when that monarch was still on the throne;)* and finally, we shall afterwards explain the reasons why the same continuator altered and defaced f these words for the purpose of im provement. We have seen the words, and demonstrated them to be Fordun's ; it follows next to consider the opinion entertained by others. Of which circumstance, indeed, we ought to institute a fuller and more elaborate interpretation, since even learned men appear to have wavered in respect to them. First of all, then, when Fordun says, that Robert united himself to one of tJie daughters of Adam More, knight, it ought to be equally understood, as if he had written that Robert espoused, or conjoined her to himself in matrimony. And certainly Ulpian has said, % as also others, § that they who enter into a matrimonial state, are united by marriage or matri mony ; but the Emperors Leo and Anthemius too have simply pronounced to be united.\\ Their words are. If any one— for a guardian — shall have conducted the affairs of a ward, and united her to himself or to his son, we enact, — that such a marriage be valid. Nor will any person with good reason maintain, that this form of expression is inconsistent with the natural and approved usage of the Latin language, since Livy and Suetonius have written * Scotichron. book xi. c. IS, and c. 14, Edinburgh edition. t The same, chap. 13. \ Book 8, C. D. concerning senators, and b. 32, par. 16, D. concerning donat. between husbands and wives. § B. 3, C. about the promise of dowry. I] B. 8, concerning interd. matri. betwixt wards and guardians. 181 quite in a similar manner ; the former,* that Servius Tul- lius, the Roman king, united two daughters to the young Tarquins, and the latter,t that Caligula united himself to Lollia Paullina : how great matter of surprise is it, that this interpretation was not eagerly grasped at by all the learned men who have treated of Fordun's opinion. But there will be some, I believe, who will accuse us of the highest imprudence, because we must have recourse to procure an interpretation from the fashion of a more feli citous age, for a writer overwhelmed in the refuse of the fourteenth century, who, being ignorant of all elegancies, behoved to speak according to the manner of the times, that is, rudely. In order to remove from us such a mark of temerity, we must declare, that this use of the word uniting, by which is implied a marriage contract, was continued even to that age of barbarism, concerning which Fordun had the lot to belong. And the circumstance is most evident, and which can be corroborated by innu merable examples, not only to have continued, but to have appeared much more frequent. To make no mention of others, this is the most general phraseology in the canon law, that they who are joined in marriage, may be simply said to be united : after the same manner, on the contrary, they are pronounced in the same law to be separated, betwixt whom matrimony, ^which has been unjustly contracted, ^is broken off by divorce. To those in quest of instances of each particular, the rescripts of the pontiffs, published even in the twelfth and thirteenth centuries, will furnish a prodigious number.| But why multiply precedents? • Book i. c. 42. f In Caligula, c. 25. ^ You may see, t. 3, c. 5, and c. 7, i. those who were clergymen, or who had taken the vow ; u. 7, a. concerning him who had carnal knowledge of consang. ; c. 6, and c. 8, x. of consanguin. and affinity ; c. 3, x. of clandestine betrothing ; c. 13, and c. 18, x. of espousals and matr. ; c. 1, and c. 3, x. concerning spiritual relationship. 182 Fordun himself is a memorable evidence, and at the same time interpreter of his own judgment, concerning this use of the term uniting, when in that identical chapter of his work, from which the words under inquiry are selected, he writes, that three daughters of Roger de Quency were united to tliree noblemen, whom he there mentions : * no one has, however, thought of surmising that these were not wedded to the same. It is now obvious that Fordun indicated thaf she whom he represents united to Robert, was married to him. But he says united according to deed. Of these words according to deed, since they are required by lawyers, it is likewise proper to borrow an interpretation from the profession of the law. There is, however, a very frequent distinction in law, by which one marriage is declared contracted according to deed, ano ther according to law.\ The reason of which distinction thence happens, because it is customary for law terms to be taken in a twofold acceptation, since at one time they may be employed to signify those transactions which are perfectly equitable, and performed according to the pre scripts of the laws, at another time, those which are indeed conducted with the view of being valid by law, but owing to certain interposing impediments of statutes, have by no means obtained the power and effect of law. Hence that testament, as Ulpian says, ;j; " is styled as proper which has proceeded by law : but we also designate those wUls improper which are unjust, or ineffectual, or vio lated." In the same manner, lawful or legitimate nup tials sometimes go under the appeUation of marriage ; * Scotichron, vol. iv. p. 961, Hearne's edit. f C. 4, X. concerning bigamy ; c. 30, and c. 31, x. of espousals and matr. ; c. 5, x. of the spouse of two ; c. 3, and c. 8, x. concerning the person who has married in matr. \ L- 2i par. 1, D. in what manner wills are explained. 183 sometimes, "An in the contracting of matrimony, (you hear the words of Innocent III.)* not the effect of law, but the mind's determination is regarded, any marriage whatsoever also prohibited by law, in relation to which, doubtless, in clination has passed between the nuptial deed, is however destitute of the validity of die law. Nor is it likewise a rare occurrence for the appellation of marriage to appear in the same subject, now in one sense, now in another : as when Papinian writes, f the commander of a cohort, contrary to prohibition, married a lady of tliat province, in whicli he was on duty : that will not be marriage. Again, in the rescript of the Emperors Valerian and GaUien,f If you Jtave married your father' s ward, when tlie condi tions of guardianship have not yet been fulfilled, you may perceive that matrimony cannot be continued witli iter. Unquestionably, in both these cases, although marriage was accomplished, as far as belongs to the deed and pur pose of the parties contracting, the authority of the law, however, debarred its subsisting, that is, its being valid by law. Which species of matrimony, an ancient poet, according to Cicero, has elegantly designated innuptas nuptias (an unmarried marriage.)^ To abolish this am biguity of speech, a later age contrived a distinction, by which, upon annexing the words according to law, or ac cording to deed, whatever happened to be advanced con cerning marriage, or other law appellatives, it might be well known in whether sense they should be received. It naturally appears that this distinction is to be asso ciated to those subjects alone which possess the import of law, and not to those that denote a mere deed. From which it follows also, that the words of Fordun, informing * D, u. 4, X. of bigamy. -f- L. G3, D. on the rite of marriage, \ L. 6, C. on interd. matr. betwixt wards and guardians. § The Orator, book iii. c. 58. 184 that Robert united to himself, according to deed, a daugh ter of Adam More, come to be understood by us, not with respect to concubinage, (which the canon writers term a carnal tie,) but concerning marriage united ac cording to deed. Fordun farther adds, that Robert had sons and daughters by her out of matrimony. He pro nounced these begotten not in matrimony; because, as Gregory IX. says,* matrimony which is contracted accord ing to deed is considered, neither as genuine, nor of any consequence. Fordun has not narrated in what year the marriage was consummated. Its period may, however, be determined so far, from what is reported by the con tinuator of Fordun respecting the death of Robert, Go vernor of Scotland ;f viz. that he departed this Ufe on the third of September, in the year 1419, being above eighty years of age : on which condition it must of neces sity follow, that his nativity was of an older date than the 3d of September of the year 1339. And since he was the third son of Robert Seneschal and Elizabeth More, we ought surely to conclude, that the marriage of his parents could not have been later than the year 1337 : but there is nothing to prevent its being referred to a time some what more remote.^ * C. so, X. on betroth, and matr. f Scotichron. book xv. c. 37. Edinburgh edition. :|: In a parliament which Edward of Baliol held at Edinburgh in the month of February 1334, near to the Roman manner of counting, John Bishop of Glasgow was present. Publ. Acts of Hym. vol. Iv. p. 694. I have not as yet ascertained at what time after that he died, or in what year William afterwards entered into the bishopric, (when he was Bishop of Glasgow, a dispensation was at length assented to that marriage.) It is manifestly false, that John died in the year 1S25, as is read, according to Spottiswoode, In his Eccl. Hist, of Scot. book ii. p. 114. For 1325, it ought probably to be read according to him 1335. The same writes, that to these two, John and William, there happened an inter mediate election to that of the former, and then the latter individual, who, when they had undertaken a journey to procure their confirmation from the Pope, the 185 Nor more has Fordun mentioned by what impediment it happened that their marriage could not be efficacious by law : judging the disclosure of little consequence, since he was forthwith about to transmit, that they afterwards obtained an opportunity of closing matrimony by law. But the same Robert has informed us respecting that, over and above what Fordun has had to declare, who in his charter,* granted to the church of Glasgow, on the 12th of January 1364, for the purpose of founding a chapel, intimates that consanguinity and affinity proved the impe diment, in contracting matrimony betwixt himself and Elizabeth More.f But the reason of interdicting marriage in that age betwixt any persons of kindred and affinity, may be discovered from the canon books. For then, and during a good many centuries before, the Roman pontiffs challenged to themselves the power of determining mar riage according to law, by the connivance of princes : one as yet advancing, the other whilst returning, being seized by the English, were put to death. * Above <^uoted. f There, about to explain the motive for his donation, Robert writes as fol lows : *' When long ago it was specially commissioned by apostolical letters to the venerable father Lord William, by the grace of God, Bishop of Glasgow, to im part dispensation by apostolical authority, with regard to contracting matrimony betwixt us and the late Elizabeth More, ¦whilst she ivas in existence, there being no impediment of consanguinity and affinity opposing, substituting as an im- pediment to the (foresaid ¦matrimonial contract, provided that loe should found tieo chapels, or oTie, according to iJie option of the bishop himself: and the said venerable &ther, after considering ivliat ought to be cankered in this particular, upon conferring dispensation on us with respect to the aforesaid impediment, on the authority which we have stated above, enjoined us, that one chapel should be perpetually founded in the church of Glasgow to one certain altar, besides a pen sion of ten mofrlts sterling, to be received annually from our own proper income ; and we thus faithfully engaged to establish the same chapel within a determined period, already elapsed, that the bishop by Injunction then limited to us : your university has known that we granted these by reason of the aforementioned con sideration," &c. 186 which they retain even to this day, wheresoever their au thority flourishes. These extended the prohibition of in cestuous marriage, however, very far beyond the limits of the natural and divine law. If so be, marriage was for bidden crosswise betwixt relatives, and betwixt kinsfolk, even to the seventh degree, by the Pontifical law, pre vious to the general council of Lateran, under Innocent III., in the year 1216 : * the decree f of this assembly at length circumscribed that prohibition so far, so as not to extend beyond those allied in the fourth degree, whether of transverse kindred, or of affinity ; namely, by reckon ing the degrees according to the custom received in the canons,;]; the father and sister to be ranged in the first de gree, one with another, cousins-german (from brother and sister) in the second ; cousins-german (from two sisters) in the third ; and lastly, the son and daughter of cousins-german in the fourth. It must needs be, there fore, that Robert and Elizabeth were akin to one an other in the fourth, or a nearer degree both of kindred as well as affinity. For Robert affirms that both proved an obstacle to his marriage,§ when he announces that he ob tained permission by favour of the Pope, to contract ma trimony with Elizabeth, as no impediment of consanguini ty and affinity interposed, there being an impediment sub stituted to the aforesaid matrimonial contract. I am aware, there are those who suppose that this connected expres sion ought to be understood here as unconnected, and that the syllable and is pronounced instead of or, so as to imagine that not each impediment of consanguinity and affinity obstructed, but one of the two. I am far from approving of their opinion, as I conceive that mode of ex- * C. 3. in prin. x. On clandestine contract. t C. 8. A. On consanguinity and affinity. J Can. 2. xxxv. 9. 5. § In the diploma just now quoted. 187 planation exceedingly dangerous, nor to be attempted but as a last shift. But in this place we are not at all neces sitated to apply so great violence to the words ; nor can any shadow of reason be observed on which the belief of learned men may be grounded! It assuredly possesses no advantage with regard to this circumstance, that there was no interposing obstacle of consanguinity and affinity. Sac. is expressed in the singular number, and not in the plural, there were no interposing obstacles, &c. For although the rules of grammarians notify, that adjuncts which are linked to many singular nouns coupled together, most commonly require the plural number ; on the contrary, the singular, with these separated ; it is however comprehended also in their precepts, that when adjected to such as are coupled, they are very frequently represented in the singular. The Pope delivered himself also in the singular, in like man ner, as here, when in the year 1302, he authorized Hum phry, earl of Hereford, to marry his cousin and kins woman, there being no obstacle of the degrees of tlie third affinity and fourth consanguinity, in the way.* Neither am I ignorant, that the Popes in after times were wont to extend favour, when solicited, so as to grant license to some impediment, for instance, of consanguinity, not only of that, but even of other hindrances ; suppose of affinity, of spiri tual kindred, and the publica honestas, which might per chance lurk obscurely, as it were by means of a general conclusion, (although they could make no repeal concerning these), that matrimony might remain more secure from any impeachment,! ^^'^ ^^^ different was it in permitting Ro- * Pub. Acts of Rym. vol. ii. p. 903. •f- A dispensation iu a MS. volume in the Advo. Libr. Edin. which is entitled, Traitteze ntre les Roys de France et les Roys d'Escosse, fol. 184, written in the year 1658, for Francis Dauphin of France, and Mary Queen of Scots, affords an example of this circumstance. 188 bert's marriage, since it is openly asserted, the privilege was granted as no interruption stood now in its way, save that of consano-uinity and affinity. It is therefore certain, that Robert and Elizabeth were related both by kindred and affinity, and indeed mutually nearer than the grandsons of cousins-german, and in a uniform degree of kin with these. But it appears no where recorded, of what degree they must have been reciprocally removed from these, who were prohibited by the canons to marry. Nor is it more apparent, what principle produced affinity betwixt them. That is indeed evident, it was occasioned by no marriage of Robert with a kinswoman of Elizabeth; because in the law concerning the succession to the throne, estabUsh ed in the third year of Robert, which we have taken notice of above, the children of Elizabeth are described as being by the king's first wife. A conjecture not to be disregarded seems to be apprehended in reference to Elizabeth, likewise as havinghad no matrimonial connexion previous to that with Robert, from this, that whenever mention is made concerning the marriage contracted be twixt her and Robert, she is not particularized by Fordun and Robert himself, otherwise than Elizabeth More, or the daughter of Adam More ; neither has she chanced to ob tain any demonstration arising from the quality of any former husband, nor commutation of hereditary surname, (according to the usage observed in that age by the mar ried.*) Besides, if John Andrew's opinion be well found ed, f who imagines that matrimony, when closed by in- • For Instance, in the MS. collections of the illustrious Earl of Haddington, in the Adv. Libr. Edin. p. 1)4. voh xiii. p. 76, thsTe is a donation fromThomas of Hay, knight, granted to Janetto Monipenny, his daughter, formerly the Sjfyonse of John Monipenny, which David II. conBrras. f In the declaration of the tree of affinity, subjoined to the ult. canon xxxv- 9. 5. part. III. 189 dulgence of the Pope derogating the obstacle of affinity, proceeding from nuptial intimacy, is not valid, deigning no remark, however, on the impediment of thepublica ho- WMto, which results from the very contract of marriage, be cause he considers this as continuing after affinity has been thus removed, (according to this opinion, indeed, we read, * provision was made in the deeds, concerning the mar riage of Henry prince of Wales, with Catharine of Spain, agitated in the year 1503 ; that license should be request ed from the Pope, as well for a contract of the publica honestas, as of affinity, on account of Catharine's connu bial state consummate before with Arthur, the brother of Henry) : If this opinion, I say, be well founded, it will be concluded, that the affinity which impeded Robert's union was apart from marriage, because we do not discover that he had immunity of the publica honestas granted him. But I lay little stress on this argument, since I have been informed, as well from the authorityf of highly eminent expounders of the law, as from numerous documents ;j; of facts, that it was sufficient for the impediment of af finity to be remitted, without specifying the publica ho nestas, the partner of affinity. If it were, at length, in this manner evident, that Elizabeth experienced no mar riage prior to that with Robert, the inference would be irresistible, just to admit that the affinity arose from her being his mistress, or by some unlawful alliance, suspicion of which may very safely fall on Robert, who was nearly all his life addicted to amours. It appears, therefore, that the marriage which Fordun writes, united Robert and Elizabeth together in the beginning, according to deed, was not available ; because they had joined in op- * Pub. Acts of Rym. vol. xiii. p. 76. f Covarruvias at the 4th book of Decretals, iu Part II., c. 6, sect. 6, ii, 5. \ Pub. Acts of Rym. vol. ii. p. 903, before quoted. 190 position to the commandments of the canons respecting those who were closely related in affinity and kindred, without having impetrated leave of the Pope, For mar riage contracted within the degrees prohibited by the Pontifical law was allowable, if, from the favour of the Pope, it had what they call a dispensation granted : be cause there was thus a cessation of the church's interdict, on account of which, princes suffered marriage of this description to be considered as iniquitous. But in order that men might be the more effectually deterred from this sort of matrimony, -without the Pope's dispensation, by the dread of being visited with punishment ; it was de creed by Clement V,* in a general council at Vienna, in the year 1311, that those who should knowingly contract matrimony in the degrees of consanguinity and affnity, inter dicted by the canon institution, besides other penalties which the laws should iriflict upon them, they would be subjected to the doom of excommunication, so long as appointedjor that deed, until, hum bly acknowledging their error, they tvould be sundered from one another, and have the benefit of absolution conferred. Which ordinance punished a contract of marriage within the for bidden degrees, even without incest, as it consists only of union : incest, it did not punish, because it was committed without marriage,f Nor is it any where read in the books of the Pontifical law, that excommunication for incest committed without marriage, was imposed upon those ar raigned by this law,| Wherefore, after the decree of Clement V., they who entered intentionally into marriage illicit, because of a proximity of blood and affinity, were by * Clera. un. concerning consanguinity and affinity. f Commentary to d. Clcin. un. on the word wittingly, and on the word to contract ; and DD. I See the treatise of the blessed Anteninus on excommunication. 191 this same law excommunicated. Those craving the Pope's pardon and assistance, if so be they desired to get rid of their legitimate marriage, were first commanded to ex piate their offence, and have the benefit of absolution awarded, by the deed of penitence, and eleemosynary mu nificence, according to the extent of their substance, for the interest of the church, or for other pious purposes; and afterwards, vi'hen they had been separated according to the canon form, to engage in matrimony again, generally by a dispensation writ. Thus, when Edward, eldest son of Edward HI., King of England, and the Countess of Kent,* though apprised that it was not lawful for them to be joined in marriage, on account of the close tie of blood and spiritual relationship by which they were com- mutuaUy allied, had however united in it, they addressed Pope Innocent VI. through the medium of a bill of re quest. King Edward, in like manner, subjoining his en treaties, that their marriage, in which it was unlawful to continue without his approbation, was not accelerated in contempt of the church, but from the hope of obtaining dispensation ; they signified, that provided he should give his sanction to it, important advantages were expected to be forthcoming ; but if not, that much opprobrious scandal impended : they supplicated, therefore, he would absolve them from excommunication, exempt from other penal ties, and impart the benefit of dispensation. Inffuenced by these solicitations, the Pope, by means of his letters, written on the 6th of September, in the year 1361, commissioned the Archbishop of Canterbury, first to part Edward and the Countess of Kent, according to the canon form ; thence, after enjoining penitence by the erec tion of two chapels within the space of one year, either of ' Pub. Acts of Rym. vol. vi. p. 333. 192 which to receive from them annually twenty merks of money as a portion ; to absolve from excommunication, and release from punishment. And if after duly ponder ing the matter, he should esteem it reasonable, to bestow the aid of dispensation, in order that they might contract matrimony anew. The Archbishop, even as it had been entrusted to his charge, on the 6th of October foUow ing,* denounced the matrimony to be null, which had been celebrated betwixt Edward and the Countess, ac cording to deed, and separated them after the canon sanc tion; after that he granted them absolution, exemption from punishment, and the protection of dispensation. Then, on the next Lord's day, which was the 10th of the same month, by the consent of relatives, above all, of Ed ward's father and mother ; after premonitary notice of the banns, as they term it, had been issued, the marriage was solemnly renewed betwixt the same in sight of the church, the Archbishop conducting the ceremony, and in presence of a vast concourse of witnesses, men and women, of the most exalted rank and renown. That a dispensation was conferred expressly after the same ritual upon Robert Seneschal of Scotland, and Elizabeth More, not many years before this fell out, and that their marria;ge was for mally repeated, the testimony of the most undoubted au thors confirms. For Robert himself, in the diploma granted by him to the church of Glasgow (the words of which we have formerly inserted in the margin) testifies, that William Bishop of Glasgow had been deputed, by means of pontifical letters, to ordain that one or two chapels, according to his own arbitrament, should be perpetually established far him; that is to say, as an accession in token of penitence, and pledge of a repentant spirit, by which • Pub. Acts of Rymer, vol. vi. p. 331. 19S the branding stigma of excommunication arising from mar riage coalesced with kin and cousin, in opposition to the canons, might be averted as by purchase ; and to afford him the furtherance qf dispensation to contract matrimony with Elizabeth : and that in consequence of this mandate, the bishop enjoined that he should have one chapel erec ted within a peiiod, determined by him, and that it should be invested with an annual largess of ten marks sterling ; and after deliberating on the equity of the affair, con ceded a dispensation.* And Fordun is Ukewise the reporter, that the dispensation of the apostolic see was procured and obtained by Robert, after EUzabeth had been united to him, according to deed, and sons and daughters been begotten by her, who, I may remark by the way, being inferior to none in the knowledge of formal dispensations, and legitimate expressions, delivers this, by a formal tautology which he employs, announc ing that a dispensation was procured and obtained; the adoption of which was very customary on such occasions.f The same afterwards writes, that Robert, upon procur ing a dispensation, espoused her canonically and by the ceremonial qf the church. Where the word to espouse is introduced by Fordun, according to the practice of the canon law, in which espousals for the present (as they call them) indicate the very contract of matrimony, so * In respect to this, it is probable that John Kennedy of Donnonure acquired a dispensation of the same nature, who relates in his establishing of the chapel at Maybole, written on the penultimate day of November 1371, the confirmation of which, granted by Robert IL, is extant in the public register, that he was en- Joined for a consideration by the same bishop William, on the authority of pon tifical letters, to erect one, chapel to be continued for ever. f You may see copies of this formula in the letters of Edward L King of Eng land, addressed to the King of Norway. Publ. Acts of Rym. vol. ii. p. 474, and in the deeds pertaining to the marriage of Heni-y Prince of Waies, with Catherine of Spain, above quoted. 'N 194 as to have 'the same signification as the term to take, ot in the manner it was used before, to unite to himself a •wife. Thus he elsewhere characterizes one who espouses as a husband.* He says canonicallyt) in order to contrast this latter marriage, contracted in compliance with the rules of the pontifical law, after the Impediment had been already cancelled by dispensation, with the former, which had been agreed upon according fo deed, that is, con trary to the canons. In the last place, he says the mar riage was propitiated by the ceremonial qf the church ; im plying, that after public proclamation of the banns, the union was solemnly intimated in presence 'of the church, (like as we have seen observed in the renewal of Edward's marriage,) Fordun supposes that this marriage was re peated with Elizabeth in consequence of a dispensation towards the year 1349 : neither is it likely to have been at all wide of that, since in the charter granted by Robert in the year 1364 to the church of Glasgow, for the pur pose of founding a chapel, as had been appointed,-]- the dispensation is stated as having been procured lo?ig ago, and the period prescribed by the bishop for establishing tiie chapel as having already expired. So that there must have been an interval of at least thirteen years between the former and latter matrunony. What motive had prevented a dispensation fi-om arriving more speedi ly, has not been commemorated : and we forbear to ex plore it by conjectures, although it is weU known that a dispensation was adjudged ; why it was so long deferred, is completely involved in mystery. It certainly ought not to appear matter of wonder, that the causes and intents of facts are passed over in silence by Fordun, who is exceedingly barren even in disclosing facts. • Scotichron. vol. iv. p. 963, Hearne's edit. •f Above quoted. 195 Thus far concerning Robert's marriage with EUzabeth. The following discussion will be concerning the right of the children, who, previous to the dispensation, were the offspring of their marriage held improper and incestuous by the pontifical law. To vipdicate the soundness of their condition, remember, Fordun deemed enough had been detailed by him, that their parents afterwards ob tained the dispensation of the apostoUc see. Assured ly the dispensation served to protect henceforward by law, the condition derived from birth which they had before continued in possession of according to deed. For the impediments which the pontifical law had created for contracting marriage, could be cleared away by the authority of the Pope, fi:om whom that law had proceeded. And ):hey were cleared away, since (after repealing the ecclesiastical ordinance, how far it would have obstruct ed, or had obstructed,) the Pope presented a dispensa tion upon their requesting to consummate an equitable match, and that the consequences which had already re^ suited in other years, whether previous to closing the marriage accounted improper by the pontifical law, but allowable by another law, or subsequent to it, should be considered as legitimate. On both sides, the marriage was transplanted to that footing on which it would have existed had no prohibition been enacted by the Pope : so that it might appear, by primeval law, to be produc tive, or to have been before productive, of legitimate effects. Princes had received pontifical right to deter mine litigations, which were agitated about the right of matrimony ; but they had received it, just as it was, sub ject to the Pope's controul and choice of conferring im munity. And seeing that they yielded implicit submis sion alone to this law, so as to reckon marriage, in other respects genuine, as iniquitous, because it was forbidden 196 by that law ; they surely would not have discountenanced the good wiU of the church complying with the spirit of these very laws, and protecting the fruits of marriage civilly when proper. And truly it argued no incivility for the condition of the children, descended out of ma trimony, now wavering and unsteady in consequence of the church's own decrees, to be confirmed by the same. But the church did effect a remedy to secure the sound ness of their situation who were the offspring of improper matrimony (whom the expounders of the canon law de nominate as being procreated in the form of matrimony), either by a universal mandate, viz. when matrimony had been publicly contracted in presence of the church betwixt those unconscious of impediment, whether one or both, (for the condition of children between these, even after matri mony had been dissolved by reason of defect, was preserv ed by a general canon),* or by means of special benefit of dispensation, when, for example, both had designedly, or undesignedly, engaged in matrimony, interdicted by the pontifical law. According to this, Caelestinus III. wrote back in answer to what he had been consulted about by the Archbishop of York,-|- that the sons (those concern ing whom he was asking counsel,) who had issued out of matrimony, made up in opposition to the canon law, seemed not entitled to be admitted as successors to their paternal estates, since they could be excused neither in terms of the church's permission, nor under pretence of parental ignorance. Because (thus the annotation pro pounds the argument) the parents contracted designedly, nor had the church's dispensation followed. But that the permission of the church, as is expressed by Caelesti- 1" C. 2. X. thpse who were legitimate sons ; C. 3. x. concerning clandestine es pousing. f C. 10. X. those who were legitimate sons. 197 nus, had not interposed in the aforesaid case, the com ment * in like manner elucidates hi the following words : that is, without the church approving such matrimony by permission, that is, dispensation : because the church after wards came to no overtures with these about immunity. And through the church's dispensation, matrimony is approvedfor the sake of sons. The comment thus doubtless concluded, that matrimony was held ratified by the Pope's dispensation, whensoever this arrived, and the nature of those things which were esteemed ratified, to be transported backwards in this light to that period at which the agreement took place. Doctors likewise, of whom Sanchez weaves out an enormous catalogue,! are unanimous in the idea,, that the defect of matrimony, which proceeds from the canon law (otherwise if it originate in the divine law) on ac count of the unexpected arrival of dispensation, is amended in reference to the past, if the Pope designs that when communicating dispensation : and they confirm this opi nion on the authority of cases decided before the tribu nals of princes in Normandy and other countries. But when the Pope is thought to design that, they represent it by this distinction, as if immunity be conferred_/rom that time, that is, from the day of the matrimonial contract, (because it is by this means understood, at what time the dispensation either measures its way backward to the commencement of the matrimonial contract, or approves of the faulty marriage, or appoints the children descended from it to be admitted as successors to legitimate inheri- tances,)they judge that dispensation takes its rise in the root qf matrimony, and that the children's condition formerly • At d. c. 10. about the word permhsian, at the same time quoting d. 6. i- on consanguinity and affinity, c. 13. x. those who Were legitimate sons, and can,, 1) xxxv. q. 8. t Concerning matrimony, book »iii. disp. 7. n. 4, 198 brought forth is whole: and the contrary, \ifrom the present time, that is, from the day that the dispensation was writ ten. Also, when dispensation is given simply, if the Pope grant liberty to continue in matrijtiony before contradedfpx to contrad the same, many suppose that after dispensation has been conferred upon mention of the former unwar- Jrantable matrimony, that the marriage is approved of, and that defect is withdrawn from its root,* We have already shewn above, that Robert Seneschal had obtained the Pope's dispensation, after matrimony contracted with EUzabeth, and children born by her. Therefore, the state of the chUdren previously descended was thence secure from the sentiment suggested in the comment, which requires that dispensation followed, no thing beside. But Doctors, more capricious than the comment, demand that immunity be centered in the root qf matrimony : all the difference of which matter is found ed on the words arid conclusions of dispensation. But in what words the dispensation which Robert gained had been couched, or what conclusions (except these, -frhich we have inserted above from the charter written to the church of Glasgow,) it had embraced, cannot be demon stratively exhibited to our view, since the dispensation itself may no longer appear ; but yet that it proved effec tual in preserving the condition of the children previous ly born, the issue of the circumstance sufficiently declares ; because it is manifest they -(Vere successively reputed legi timate by all through every gradation of age. But you will say, however, that the matrimony of Edward Prince of Wales was denounced as null, broken off, and after wards renewed, in consequence of the Pope's dispensation. And it is assuredly probable enough, that the same was • Jo. Bapt. Lup. concerning the restoration of illeg. and nat. cllildrcn, com ment, iv. sect. 1. a. 56 ; Peregrin, de fidei, COmm. art, xxiv. n. 79. 199 observed in the matrimony of Robert. But does that at present appear like ratification ? I may truly rejoin, it was not unlike. For ratification or approbation, even when especially expressed, does not evince that matri mony has been consistent in a retrospective point of view, as it was in very deed of no force by the canon law, nor that it can inherit vaUdity as to the future from the former admission, which was void by reason of canonical detect, since by the authority of none can actions be transformed, or rendered as if they had never been ; but only, that cer tain effects, thence previously resulting, may be consi dered in relation to the past, as proper. Why, there fore, seeing there was no matrimony, could it be denounced as nuU ? could there be any renewal, since it was abso lutely necessary for the same to be renewed by a fresh agreement ? Since in like manner matrimony existed only according to deed, it could experience no farther interrup tion dian was customary for the nuptial state according to deed. The separation then which there intervened, pointed to futurity, -viz. they were to be asunder for the time com ing, untU matrimony bad been lawfully renewed betwixt them: not to the period that had roUed away, as past deeds are under no person's controul. Further, in the actual dissolving of matrimony, forthwith to be renewed, that imaginary, and for form's sake, interposing occasion, or in whatever other light understood, owed not its ac complishment to a tribunal, but clearly to the unanimity of the parties; it was not performed that matrimony might remain in a state of disunion, but that it should be cemen ted by law, in compliance with the too subtle interpreta tion of the decree of Clement V., which ordered relatives and kindred allied in matrimony contrary to the canons, to be separated before they could be absolved from ex communication. But since that ordinance intimated no 200 other aim than that there could be no absolution im parted, so long as the offence continued, nor as little after closing the lawful, as well as rescinding the illicit matri mony, could there be any termination of the feult ; thence that redundant observation annulled the period as yet un revoked, and it was solemnly announced, that, in conse-^ quence of no preceding dissolution of matrimony, could any thing in relation to absolution and dispensation be procured. In fine, the preservation of the children's condition was supported by the repeal of the ecclesiastical law (how far it had impeded their condition) expressed or implied, so that the matter was handed back to the primeval state, in which it was altogether blameless, in order that the children might thence be distinguished as legitimate in former times, and descended of legitimate matrimony. And also the indication of tacit repeal was apprehended firom this, that the Pope, in awarding dis pensation, gave his sanction to marriage that had already been contracted before in opposition to that law, after those instances, which we have unfolded more particularly above. Nor was this conjecture of there being such de sire invalidated on account of that momentary and ima ginary separation, which was understood to exist between the solemnities of the very perfecting of dispensation. Do you require besides a precedent of dispensation, by which, although matrimony had been commanded to be broken off and renewed, the children previously born, however, preserved their condition sound and unshaken, and obtained possession of the paternal property ? a case decided in the auditory of the Roman Rota, which Car dinal Puteus reports, will furnish a notable one.* And, as in other countries, it was in like manner understood * Book ii. Decis. 4SS. 201 to have prevailed in England, that in consequence of the bulwark of dispensation, by^-Which marriage contracted in violation of the canons was rendered confirmed and permanent with regard to a perpetual and uninterrupted stability of union, the state of children previously brought forth was established on a steady basis ; from which it appears, that matrimonial concernments were managed even in England by the pontifical law, of which that prerogative of conferring dispensation, reserved for the Popes, formed a part. And as such dispensations at least detracted from and abated the authority of the eccle siastical laws, but, on the other hand, enlarged the in fluence and empire of the laws peculiar to the country of each people, which opposed marriage of the same nature, out of reverential regard for the canons alone ; so that the English nation, being only most zealous in ever preserv ing aU its proper laws, had every inducement to have the aforesaid discarded and turned adrift : and it also appears from examples of the same manner of dispensations, either requested, or even obtained by the kings of England. I feel disposed to give publicity to some instances of this kind. When Edward of Letham, a Scottish gentleman, and Joanna of Clifford, an English lady, alUed together in the fourth degree of kindred, had clandestinely contrac ted matrimony according to deed, that matrimony might subsist between them by virtue of immunity, Edward III., King of England, on addressing letters to the Pope, esteemed it not beneath his dignity to request the protec tion of dispensation, in order that it might be lawful for them to remain matrimonially united ; and that the offspring (if any sudi should happen to arise betiueen them in the matrimony pro nounced immutable) should be judged legitimate.* The same king likewise, when Richard, Earl of Arundell, married * Rym. Pub. Acts, vol. v. p. 1. g02 the Earl of Lancaster's daughter, aUied to him in the second degree of affinity, that this union might the more lemi^ fully continue, supplicated the Pope to grant them dispen sation, if such were his pleasure, ta the end that they mighf hmfvMy abide in matrimony thus contracted, and declare the issue proceeding Jrom the reputed nuptials legitimate.* Besides, we have perceived above, that the same king, in relation to the marriage of his son Edward with the Countess of Kent, requested dispensation, and obtained it upon request from the Pope, after certifying, if he should feel inclined to give his sanction to it, that considerable advantages would redound, but numerous evils provided he should refuse that.f Which dispensation announces, therefijre, that it aUows legitimacy to the offspring which might be received, namely, which should arise from this matrimony, (making no mention of offspring having been already received), because when this was requested, and com missioned by the Pope to be effectuated, neither had there as yet any issue proceeded, nor could proceed either then or afterward, within the compass of that time, in which dispensation was supposed accompUshing, and indeed truly accomplished. For since Thomas Holland, the for mer husband of the Countess, departed this Ufe on the 28th of December 1360,^ but the letters in which the Pope gave orders for the fulfilment of dispensation, appear to have been written on the 7th of September of the foUowing year, (in the very beginning of the ninth month thereafter); it nmst needs be admitted also, that dispensation was so licited for the first time, after the celebration of the mar- riaee betwixt Edward and the Countess. And since, in • Rym. Pub. Acts, vol. v. p. 442. f The same, vol. vi. p. 3S3 and 334, quoted before. \ Dugdale, concerning the Barons of England, vol. ii. p. 74, alleges by way of evidence for establishing th« tiuth of this circumstance, &c. 35. £. 3. n. 104, Claus. 85. E. 3. m. 34. 203 like manner, the whole business of dispensation was fully completed within ten months from the demise of Thomas^ all must surely of necessity acknowledge, that they could have had no offspring previously, except there be those who will have the hardihood to give it as their opinion, that the Countess incontinently after the obsequies of Thomas hurried straight into marriage with the Prince, (a circumstance which in every respect fades from proba bility). But although any offspring conceived before the renovated marriage should afterwards be born, it was en titled to be legitimate, as well by the writing of dispensa tion, as by the identical canon * law of the English also.f From which it demonstratively appears, that no irrefrag able argument can be adduced to shake the force of this precedent by the overslipping of a conclusion, that it never Was anticipated there would be occasion for. Hear ano ther example too. In the year 1503, on the 26th of De cember, Pope Julius II, communicated dispensation to Henry, son of King Henry VIII, and Catharine of Spain, who had been married first to Arthur, ]^ Henry's brother, granting them liberty mutually to contract matrimony, and to continue in it after it had been contracted, although they had perchance already publicly or clandestinely contracted aforetime according to deed, and consummated that by a carnal bond; and decreeing the issue legitimate that had perhaps descended or should descend from such like matri mony, whether contracted or to be contracted.^ In this particular instance, I cannot disavow that dispensation Was adjudged not quite religiously, (and to express it with the ancient interpreter of the canonical law), by far too Popishly : yet vfill it not be less cogent on that account • Jo. Bap. Lup. concerning illeg. and nat. rest, children, comment, iv, sect. 3, n. 13. f In the statute, composed at Merton, in the 80th year of Henry III. J Rym. Pub. Acts, vol. jciii. p. 89. €04 with regard to proving the usage of dispensations received in England also, in order to banish the inconveniences arising from divorces, and to protect the condition of chil dren brought forth in the form of matrimony. Certainly the case of children of that description, and of those legi timated by subsequent matrimony, was dissimilar. The former, the English repelled from legitimate heritages, not suffering their own national custom to be violated by the pontifical law, as it deemed none in the state of legi timate son and heir, with the exception of him who had been born of marriage.* The latter, on the contrary, they admitted to such, in consideration that they had pro ceeded according to matrimony, of that improper class in deed, but whose effects were considered as equitable in a retrospective light, on account of the repealing of the ec clesiastical law by dispensation, how far it had obstructed the children's condition. And thus Bracton says general ly, (who in England when the age of Henry III. was al ready on the decline, rivalled tlie most eminent in the ad ministration of judicial proceedings.) He is a legitimate son and heir whom marriage demonstrates to be legitimate : such as he, who has descended of legitimate matrimony ,- or he who is considered legitimate in the face of the church, al though matrimony has not existed in verity, suppose this was closed betwixt those allied in consanguinity or affinity, or in any other manner that matrimony could not continue.\ Over and above that which we have now endeavoured to make manifest by many, and these the most incontroverti ble facts, that the elder children of Robert Seneschal were born in matrimony contracted according to deed, and through dispensation had acquired perfect security of con- • In the statute of Henry III. above quoted. \ On the laws and customs of England, book ii. C. 99, sect. 3. Flete has the •ame likewise in almost as many words, book i. c. 14. 205 dition, a vast and mvincible weight of evidence is also added to confirm the fact, from this, that if they had been brought forth without marriage, of a free bed, they could on no account have succeeded in arriving at legitimacy of birth by reason of the subsequent marriage of the father and mother, because at what time the children themselves were begotten, it had been interdicted by the canons for mar riage to be contracted betwixt the parents, on account of the relationship and affinity that rendered each other akin ; so that, unless the matrimony which dispensation after ward approved, had intervened, they would have been spurious, not natural children, neither arisen fi-om concu binage, but incest: such as become not legitimate by after matrimony. In like manner, Sanchez describes the children to be natural, who are born before marriage, of parents betwixt whom matrimony could endure without pontifical dispensation : on the other hand, they are by one consent of all the doctors reputed spurious, when thus conceived and brought forth previous to dispensation of those betwixt whom there is no wedlock without dispen sation, although, however, there exists some diversity of opinions concerning those conceived anterior to dispen sation, but brought forth after it (some judging these as spurious also, but by far the more numerous party, with whom he himself entertains the same sentiment, that they are natural); neither do such like children, proceeding previous to dispensation, reap any advantage with regard to the right of entering on the enjoyment of legitimate in heritances, even although the Pope may especially make provision in his dispensation to have them legitimated, since the privUege of legitimating, which is pecuUar to the Pope, extends only to ecclesiastical acts ; nor is this ob served in relation to those begotten of matrimony solem nized in opposition to the canons, who, after the defect of matrimony has been swept away by the roots in conse- 206 quence of dispensation, are esteemed perfectly legitimate ; and it is attested, that all acknowledge this.* From the dispensation therefore obtained by Robert, which, upon subverting the impediment of the canons in consideration of the past, restored the lineage of the children to the original circumstance of dignity, as we have declared at the commencement, they were ever held legitimate, whilst they were in existence, by the kings themselves, and all the citizens of all the estates, as well of their own as of the neighbouring nation, in the whole public and private transactions. Nor is it besides matter of surprise, if Win- ton, (who illustrated the Scottish history, whUe Robert Duke of Albany presided in the regency for King James I.), when he makes mention of the inauguration of King Robert III. who was the eldest of these children, desig nates him the son and hHr of Robert II.,f neither dis covers any thing strange or nnaccustomary in his succes sion. Thus far have we been employed in demonstrating the truth of the subject. It remains for us to endeavour to explain the origin and progress of this error, that has tainted the writings of posterity. Which unquestionably, if any thing else be so, is a matter of exceedingly diffi^eult investigation ; nor yet (if I am presaging at all aright), are the issues to be despaired of, since this is commonly the peculiar province of truth, to deduce in company with itself, by its own, the bewildered light of error also. Let us adventure therefore, but by some unbeaten track, nor hitherto attempted by any one. It is sufficiently mani fest, from what has been already advanced, that there were two marriases with Robert and Elizabeth, the one united without the protection of dispensations, according to deed, the other at length, after dispensation was procured, • On Matrimony, book viii. disp. 7, n. 3, 14, 16, 18, and 19. \ In the Chronicle, c. 197. 207 celebrated canonically and in the form of the church. Of which it is probable that this was honoured with the chief celebrity, and by far the greatest splendour and equipage, by reason that Robert, then under the title of Regent,* conducted the business of the whole realm. King David being detained in captivity by the English. Concerning this marriage, therefore, so publicly witnessed, and recom mended to the busy voice of fame, which Robert consum mated a second time with Elizabeth, some reflections had attached to him, whose authority was inevitable, nor suspected of falsehood, who, during the reign of James II,, undertook to enlarge Fordun's work by a supplement and continuation, having explained that the mention of the second marriage there aUuded to the renewed agree ment, and the renewed vows, this, rashly indeed, but how ever by a very easy mistake, passed into the opinion that he entertained the belief, that she whom he found married the second time, was the second wife. But with regard to the marriage constituted a second time with Elizabeth, enough has been already related above, illustrative of this matter ; the very necessity of the circumstance abundantly stimulates also to defend the expression, and in like man ner the accustomary phraseology. For thus the Pope, when confirming those things which had been observed in obedience to his injunction, in the marriage of Edward Prince of Wales, says that his matriniony was at first illegitimately contracted.! Arid that the continuator of Fordun had no other hand in leading to error besides this, appears from the fact, that his narration of the ma trimony of each wife, beyond what the aforesaid erro- * He dignifies himself by that title on the 9th of June 1348. In the chartu lary of Paisley, in the 2 1 9th page, (of that copy which is preserved in the Advo cates* Library, Edinburgh.) t Pub. Acts of Rym. vol. vi. p. 343. 208 neous interpretation of the second marriage conveys, never departs from the truth. As he wiU exhibit his words * to the inspection of every one,f viz. having come by that occasion, which we have mentioned, of falling into error, his believing Elizabeth to have been Robert's second wife was totally unfounded. Upon which supposition it fol lowed to imagine that the other wife, namely Euphemia, (since it had been known for certain, that he possessed but two) was the first, and to write that at length on her decease Elizabeth was married. For no marriage, con stituted as it should be, was concluded otherwise, accord ing to the law at that period universally received, than by the death of one of the yokemates. He writes in another place, J that Queen Euphemia died in the year 1387. Therefore, by his own opinion, it was impossible for a second wife to be introduced previous to that year into the family, having no vacancy for such. And since in like manner he was in possession of the knowledge that EUza- beth's children surpassed those descended of Euphemia in point of age, it must of necessity have been conceived by him, that they were born prior to the first, not to say the second marriage of their father, and were in conse- * Scotichron. book xiv. last c. Edin. edition. f The continuator of Fordun*s words : *' And it is to be obsei-ved, that the aforesaid King Robert had three sons by Lady Elizabeth, the daughter of Sir Adam More, viz. John, who was afterwards king, Robert Duke of Albany, and the above-mentioned Alexander Earl of Buchan, who was vulgarly called the Wolf of Badenoch. He after that espoused Lady Euphemia, daughter of Hugh Earl of Ross, by whom he had Walter Earl of Athol, and David Earl of Strathern. But, after Queen Euphemia's death, he married the above-mentioned Lady Elizabeth. And thus, by virtue of tlie unexpectedly ai'rivlng matrimony of tlie second mar riage, the said brothers were legitimated, namely, John, Robert, and Alexander ; because, according to the canons, matrimony following legitimates sons born pre vious to matrimony, as it exists at large in c. i. and c. x. concerning those who were legitimate sous. I The same, t. 60. 209 quence begotten by Robert ere he was yet a husband. In this truly consists the whole mistake committed by the continuator of Fordun, in detailing the marriage of Robert. But yet, you will say, he could be informed from his own Fordun, that these children were brought forth of a mother united according to deed. But it has been former ly shown, that the expression of being united bears the import of matrimony. It is therefore just as is reported. But the same groundless notion, which had stood opposed to that genuine but misconceived testimony, concerning the second marriage with Elizabeth, had so sated the mind of the continuator himself, on whose notice it hap pened to be obtruded, as to have precluded all regard for the words of Fordun, otherwise, than from his own opinion of that entertained by the same. Nor yet has his interpretation swerved far from the true tendency of the words. For he appears to have recognised in the expres sion to be united, the signification of marriage. But, al though he was aware also, that those vocables which are especially appropriate to marriage, contain a doubtful effi cacy, so as to represent at one time real marriage, whether just or unjust; at another, by transfer, stolen amours (like as according to Plautus,* and likewise Apuleius,-j- one may discover the word marriage for cohabitation, and accord ing to Anastasius, vvho composed the ecclesiastical history in the ninth century,^ to marry, for to cohabit), he sup posed it to be understood from the nature of the circum stance, in whether acceptation they were to be taken. His motives for not assuming the diction of Fordun con cerning the true although improper marriage, were these, because he neither discovered that a divorce bad inter posed betwixt Robert and Elizabeth, (which, however, * C,i=. II. S. 50. f Metamoi-ph. book vii. \ P. 175. O 210 must needs have occurred* before, on renouncing her, if so be she had been united in marriage, constituted even in opposition to law, there could be any transition to the other marriage, that is to say, with Euphemia, ac cording to that opinion which he himself had anticipated), nor that there had been any reasonable cause for divorce ; nor yet imagined there was likelihood, that Robert had re turned again into the pale of marriage with her once re jected by divorce. Wherefore, not unapprised that the word united ranked among the expressions representative of marriage, he deemed it pronounced in a transferred sense, so as to indicate the state of keeping a mistress, which is truly all according to deed, nor contains the slightest particle of law. But he appears imperfectly to have remarked the according to deed, appended to this, that these only admit of whatever matters fall under the cognizance of law, and by no means those which are al ways affected unjustly ; and therefore, that marriage ac cording to deed cannot be declared by other than the in trinsic import of marriage, although the appellation of marriage according to law can be applicable alone to that sense of the term. Yet, notwithstanding we have said that the continuator recognised the signification of mar riage in Fordun's words, he united to himself according to deed, he, however, understood these with regard to mar riage expressed by metaphor ; it was not alleged in re lation to mere conjectural license, but even confirmed in terms of express communication delivered by the conti nuator himself, since he elsewheref describes those children as procreated not matrimonially, but in consequence qf voluptuous marriage ; he supposed that Fordun employed it to the same purpose, retaining the figure in his own interpre- * C. 3. X. concfi-niiig divorces. f Scotich. book xiv. c. 35. Ed. edit. "^11 tation. It assuredly ought not to appear matter of sur prise, that the same continuator, influenced by these con siderations which we have stated, has ascribed by mis take the same idea to those words, in the manner they were considered to be received by a numerous circle of men, even within his own remembrance, transcendently superior to himself in erudition. In the language thus converted to a meaning manifestly foreign to it, it were matter of wonder, should certain incongruities not be detected in respect to the new supposition. Hence it has appeared meet for the continuator, by retrenching whatever he conjectured su perfluously introduced, and by noting wherein he deemed there was miscarriage, to establish Fordun's words in con formity with his own opinion, or else to deface them that they might better square with what he considered the truth ; and in like manner, to subjoin a few concerning the extrac tion of * kings flourishing later than the pages of Fordun have extended, of what father each one had descended.-f- To wit, he judged that the following should be generaUy cor rected. First, where it had been told, that the children whom the mother united according to deed brought forth, were begotten oMif of matrimony, that is out of proper matri mony, he cancelled the words out of matriniony, as redundant. Which words, however, with Fordun, who pronounced her united according to deed, who had been married for the purpose of matrimony, but in violation of the canons, were certainly essential, in order to hint to the reader the reason of the marriage afterwards repeated with the same. But • The continuator has exhibited the pas.sage of Fordun thus ; " This Robert united to himself according to deed one of the daughters of Sir Adam More, of whom he had issue ; her he afterwards, upon obtaining dispensation, allied in ma trimony, as will afterwards be stated. Of whom he begot Robert HI. ; Robert III. King James I. ; James I. James IL, who is at present king." f The same, book xi. c. 13. 212 since the continuator understood her united according to deed, who had been kept as a mistress, and that the chil dren sprung from such a woman proceeded out of matri mony, the rehearsal appeared to him unnecessary* On the same principle, he likewise expunged the words canonically and in the form of the church, employed by Fordun to con tradistinguish the latter marriage from the former, but to himself, who knew only of one marriage betwixt Robert and EUzabeth, almost insignificant. Lastly, the continua tor believed there was confusion in the numeral charac ters representing the year in which the marriage was con summated betwixt them according to the canons. For, as we have said,' he was firmly persuaded, from the cir cumstance, as he had found this denominated Robert's second marriage, that Elizabeth was associated by him as the second wife, also after the death of the other wife Euphemia, who however was in life long subsequent to the year 1349. Wherefore, since he was unacquainted how to correct (for of the year in which Robert had made up the other marriage after Euphemia's decease, he had neither discovered, nor indeed could discover any thing), he omitted the notation of the year, and substituted the words as will be afterwards stated, by which he might hand over his reader to those particulars which he himself was about to transmit concerning the first and second mar riage of Robert, in a place somewhat farther above that reported by us. With regard , to the original that had fallen to the fortune of Elizabeth's children, a new inter pretation of the law, by which these had attained the right of legitimate children (for it was well known they lawfully enjoyed this), ought to follow the new opinion conceived by the continuator of Fordun. Therefore he declared, that by virtue of the unexpectedly arriving matri mony of the SECOND MARRIAGE, they were legitimated, 213 which was consistent with the doctrine ot law ; having brought forward the one and the other little head of the ca non law to confirm his own tenet. Where, although he in serted mention of the second marriage, it may seem that he actually pointed out to us what had given rise to the cause and authority of his being himself misled. You will say, he was far from manifesting an adept conception of the law, since those owing their existence to incestuous inter course are unfit to be legitimated by subsequent matri mony. But incest had past unnoticed by him. For neither has Fordun nor Winton tendered any disclosure concerning the relationship or affinity in which Robert and Elizabeth were mutually akin. Fordun has indeed taken notice of the dispensation obtained, so that it could be understood from this that some impediment had existed; but since there were two kinds of impediments, the one of those which tended to break off marriage, the other of those which indeed prohibited marriage to be constituted, but annulled it not when constituted, of which kind (to produce an instance) are espousals deter mined previously in relation to the future with one or the other, doubtless the continuator imagined that an impedi ment of the latter description opposed the marriage of Robert with Elizabeth ; so that when they should thus have it in their power to effect the consummation of mar riage together,* he concluded that the children were legi timate, on matrimony afterwards following betwixt the parents. And although he is of opinion that a concu bine's children sustain no injury with regard to the entire effect of legitimation, and chiefly with respect to the right of primogeniture, if especially, at least, after that these were born, matrimony has been closed prior to that with * Peregrin, de fidei comm. article xxiv. h. 49. 214 their mother with another, from whose marriage even legitimate children may be surviving ; in this he is backed by the authority of many excellent lawyers.* And as on the authority of writers, as well as what has occurred within the remembrance of men, that the continuator found sufficient defence for palming his own misconcep tion, no person will be greatly struck who will reflect, that in anticipating dispensation for marriage, there was far from being any thing extraordinary to attract the attention of people either by the novelty or difficulty of the matter, since it was certainly neither done contrary to custom, nor, on the Pope afterwards approving of the marriage, was the law's interpretation of the smallest mo ment : add to this, that the same second marriage of Ro bert with Elizabeth, in the designation of which the con tinuator has foundered, preceded the writing of it nearly a hundred years.f It is unquestionably not more to be wondered at, than that he supposed Walter, Earl of Athol, the King's first-born son by Euphemia, deceived, as it seems, in respect of his having ascertained that he was accounted nearer the succession to the throne than the daughter of his brother David, so as to imagine that he was of course the elder brother, un apprized, or surely not bearing this in remembrance, that by an established law the female issue, just as of the other brother, so also of David, was postponed. From what has been said, 1 presume it appears that the continuator of Fordun has neither fabricated any mis-statement in this business from disaffected feeling towards the imperial house (as some ' There are, beside others who entertain the same sentiment, Covarruvias at book iv. of decretals, in part ii. c. 8. sect. 2. „. 35, and John Voet, at title D. concerning concubines, sect. 11. t The time he was occupied in writing extended for many years from 1441. See the Scotichron. book i. c. 8, and book xvi. c. 16, and c. 26, Edin. edit. 215 have believed), nor from ignorance either of instruments or the law, but that erring by the law incident to huma nity alone, has his relation deviated from the truth. During that period, since the works of authors commonly arrived into the possession of a few men, a mistake, once admitted, remaining long unregarded, and acquiring credit by the remoteness of the time, was suffered quietly to pass. Besides, the continuator had so knit Fordun's words with his own, and had so generally challenged these as belong ing to himself, by annexing the conclusion, as will ajter- wards be stated, and by dilating the explication of the royal genealogy as far as his own age, so as to have effectuaUy prevented every one henceforward, who per used both according to himself, from understanding the expressions in the same acceptation. It is not matter of surprise, therefore, if John Mair,* who next after him entered upon the task of writing a history (which he too about the year 1518 has in every respect faithfully exe cuted), has presented us with a description of the whole circumstance imitated from him.f We have now seen how the fiction proceeded : our remarks will be farther employed in tracing its progress. Immediately after Mair followed Hector Boece, a man excessively audacious in writing history with regard to imposing any forgery. In the year 1521, when he composed a book on the lives of the Aberdeen bishops, he seems to have determined concerning the period of Euphemia's demise, and of Ro bert's second marriage with Elizabeth, by following pre- • Because he had misled none in the shape of Inconsistent narration. Sir J. Dalrymple (in the preface to his Hist. Col. p. 40) considers with good reason, that with Mair it was owing to a mistake of the compositor, and instead ai for after Queen Elizabeth*s decease, he took this Euphemia to wife, he recommended to be read,yor after Queen Euphemia's death, he took this Elizabeth, &c. f In his History of Great Britain, book iv. c. 1 7, and book vi. c. 6. 216 cisely in the wake of the opinion entertained by the con tinuator of Fordun. But although he appears even then to have heard something by report "or hearsay touching the succession to the sceptre, qrdained on account of a law instituted by Robert, supposing that this law was enacted for the sake of Elizabeth's sons, in order that they should be esteemed more eligible than Euphemia's children as it regarded the right to the crown, he himself has trump ed up a strange story in relation to the passing of this. For he writes,* that Alexander, bishop of Aberdeen, de parted this life in the twelfth year of the reign of Robert II. , and that Adam of Tynnyngham, a man distinguished for singular prudence and integrity of manners, was elect ed in his stead. That this personage, when he cut a most illustrious figure, by ranking high both in the good graces of the king and estimation of the nobles, and was kept wholly occupied in the conducting of public affairs, began to fall under the king's suspicion, owing to the malice of certain detractors and pickthanks, as not having been unanimous in passing the law about the succession of the kings in common with certain of the peers (who were dissatisfied with this law). But when Adam, rely ing on his own innocence, to relieve the king from dis trust, had withdrawn to his diocese, there resolved to pass the residue of his life, that Alexander, a bastard of the king, in order to take measures for avenging the paternal wrong, after associating to himself a gang of abandoned villains, made a descent on the lands, drove off the live property, and pillaged the whole substance belonging to the bishop, and also appropriated the second tithes as his own that accrued by way of royal donation : that he was long exasperated with the keenest rage there- • In the Lives of the Bishops of Aberdeen, fol. 8 and 9. 217 fore, when none had the boldness to take the lists as re- dresser of his grievances, under dread of incurring the royal displeasure. At last, when the same had been ex communicated -by the bishop, who had in vain repeatedly complained to the king about the wrongs which had been brought upon him, that he posted to Aberdeen for the purpose of murdering the bishop ; and being prevailed upon, after much altercation, scarcely refrained from per petrating such an atrocious deed.* That the king, irritat ed by the report of this circumstance, having summoned his son to his presence, threw him into imprisonment; and after making reparation for the damage sustained by the church of Aberdeen, delivered Adam from aU appre hension, and afterwards esteemed him as a venerated parent among the chief counsellors. What gave occasion to the framing of the whole of this fable was as follows : That Adam being ordained-j- bishop of Aberdeen in the year 1381, and in the eleventh of the reign of Robert IL, dissentions immediately followed in his diocese. From the munificence of the kings of Scotland in former times, the bishops of Aberdeen had been honoured with the right of receiving the tenth part of the revenues arising from the crown estates (the second tithes they style it) within the territories of the vice-earldoms of Aberdeen and Banff. Within these territories were the lands of Fermartine, * The same Boece, in the Hist, of Scot, book xvi. writes, that Alexander, after burning the cathedral of Moray, because the bishop of Moray had not been disposed to consent to his iniquitous demands, since it would have proved highly detrimental to the church, hurried on to Aberdeen with the intent of murdering Adam, pretending that he was a partisan and author with the prelate of Moray in not complying with his desire. But that Elgin cathedral was burnt on the 17th day of June 1391, certainly after the father's death, appears from the chartulary of the same church, fol. 62. f That he ivas ordained in that year, is inferred from the chartulary of Aber deen, fol. 68, 69, 92, and 93. 218 that had anciently belonged to the crown patrimony, the property of which King Robert had transferred to his eldest son John, and presented by John again to James of Lindsay, Lord of Crawford, the King's sister's son, who was at that period in possession of them. When he maintained that he held the demesne with the most per fect right, and was exempted from the payment of the second tithes, his peasantry and factor refusing to pay Adam his due, were excommunicated by him. In like manner, when he, I know not on what account, asserted as his peculiar right the lands of Brass, appertaining to the bishop, stating that he himself was invested with that concern, Ferchard Macintosh had harassed the inhabi tants of these lands by grievous outrages committed by himself and friends, and was still so intimidating their minds by his menaces, and the alarm he inspired, that abandoning their homes, they took refiige by flight. The bishop, on the seventh day of June of the year 1382, complained of these circumstances to the king, who was then specially celebrating the national assembly at Perth. There forthwith in the same assembly, James of Lindsay being also present, the king signified that he neither ought, nor even desired to alienate from the bishop the second tithes of the lands of Fermartine, granted by way of donation from himself to his son, or to violate his right in any particular, John likewise made attestation, that in the concession of these lands, which he himself had pre sented to James, he understood the right of the second tithes excepted and reserved for the bishop. And soon after, in the same year, James' people gave satisfaction to the bishop, and were restored by him to their sacred pri vUeges. The bishop likewise, in the same assembly, for the purpose of securing the judgment that had been pro nounced by due provision, if at any time Ferchard should 219 feel inclined to dispute his right with hira, carried back as well the crown letters, as John's, the king's eldest son (who during that period, as also afterwards,* acted as substitute in superintending the imperial jurisdiction), in which Alexander, lord of Badenoch, also son of the king (he then presided as regent chiefly over the districts situated towards the north), and the vice-earl of Inverness, receiv ed injunctions to restore the inhabitants of the lands of Brass to a state of security, from the tyrannical usage of Ferchard, who was debarred from this by the provision for protecting them from annoyance. These remain fully recorded in the chartulary of Aberdeen,f the privilege of inspecting which was without question adjudged to Boece, being himself a collegiate of the Aberdeen canons, and at the appointment of his own bishop,;j; adorning the history of the bishops of Aberdeen. The king, moreover, went to Inverness immediately after closing the assembly at Perth, where, about the latter end of the month of July in the year 1382,§ he created the son Alexander earl of Buchan too, a memorable indication that he had all along faithfully discharged the important trust committed to him. But they afterwards fell into disrepute vrith Boece, who now, nearly about the year 1525, was composing a history of the Caledonians, which we have mentioned was besides written by him. For a copy of that law had been put into his hands with regard to regulat- * Statute of Robert U. chap. 17. f Fol. 55, 56, 57, 58, 59, 91, and 92. ^ Boece's Dedicatory Epist. to the Lives of the Aberdeen Bishops. § Two charters (which are extant in the public register) written at Inverness by King Robert II. to Alexander himself, bear ample testimony to this occurrence : in one of, which, on the 22d of July in the t year of this reign (the ex tremity of the parchment in which the remainder of the word twelfth had been situated being now effaced), Alexander is styled lord of Badenoch ; in the other, on the 25th day of the same month, and in like manner in the twelfth year of the paternal reign, the fame is addressed as Earl of Buchan. 220 ing the succession of the kings, solemnly ordained by Robert in the third year of his reign. And I am far from being rash in giving it as my opinion, that the words of this law came under his review. I presume you will safely credit that, if you will examine what has been written by himself concerning the law in ques tion.* For he has imitated the whole purport of it so graphically, so completely, that even after having forth with perused and thoroughly understood the law itself, we will find that not another word could have been added. It is to be particularly observed, that, apprised by this law, he has rectified the error into which earlier writers were in the habit of faUing, affirming Walter the elder, but David the younger of the king's sons by Euphemia, and has declared David the elder of these.f Since his own translator, Bellenden, supposed he had fallen into a mistake in that point, he revived the ancient error, also attributing to Walter the priority of substitution betwixt * Boece's words : " In the third year of his reign, Robert instituted the man ner of succession by the following stipulation, namely, that John should tii-st of all succeed ; after whose decease without male issue, Robert ; if he likewise died without a son, Alexander should be exalted in room of him ; on which account, if by a like fortune he should depart this life, leaving no son behind, then David ; but if the same destiny followed him too, then the succession to the throne would devolve to Walter. Yet, as the affairs of mortals are fleeting and transitory, if of all these no male offspring should happen to be surviving, the individual who nearest derived his descent from royal blood, whosoever he might be, would suc ceed to the imperial sway of Scotland. This was both transacted in a pubhc assembly of the nobles of the realm, celebrated at Scone, and solemnly sworn to by all, that they would perpetually preserve and defend that constitution." ¦f Boece, in the History of Scotland, book xvi. writes, that Robert had one daughter besides by Euphemia, also Euphemia by name, whom James Douglass, the eldest son of 'William Earl, of Douglass, married. How this was accom plished, your attention is now solicited. Winton in his Chronicle, c. 182, or book ix. chap. 1 . (where Robert's succession to the throne is detailed), thus sung : 221 Euphemia's two sons, when he put this very law on re cord : from whom the same blunder crept into others. In consideration that Boece, therefore, perceived by this law that the succession to the sceptre had been already des tined to Elizabeth's children in the third year of the pa ternal reign, (as he was of opinion according to the autho rity of annals, that at length, after Euphemia's demise, they arrived at legitimacy in consequence of the marriage ^a tretft tjai, tiat W ' iont Suelr C5e feinsig 'aotitttv \ oi laurjjful Scir, ^nif Ije Sulif ttl 5i:S Ior» ajj "Ha l^onour, tjat 5tm tWtxit to. * Of William Earl of Douglass. f An old MS. volume in the Advocates' Library, Edinburgh, has it so. But another volume, also of ancient date, in the same library, for Sit Isutllful IltB (of lawful bed), the writing is read auB ^riUg tO lltlj {and bring to bed). The continuator of Fordun has inserted this in his work, (book xiv. u. 36) rendered as foUows ; That it was readily treated was sufficiently apparent, as James of Douglass, his first-born and heir, united to himself mafrimonially, a daughter of the said Lord Robert, the future king, begotten cf lawful bed, and the Earl of Douglass himself, together with his son, humbly submitted themselves and succumbed to the king. In which place Winton (who had known that the children both of Elizabeth and Euphemia were respectively generated of lawful bed) has introduced the words of laurj&ful ittS, therefore, in order to satisfy the rhythmical law, nor otherwise superfluous, because Robert had begotten several illegitimate children. Perhaps the continuator of Fordun, by tacit interpretation, forced the same words to correspond with the purport of h^s own error. But Boece, trusting to that evidence, has audaciously and unreseryedly declared, that Euphemia's daughter was married to James Douglass; and, because she was unnamed, he assigned her that of Euphemia. That is to say, could she have re ceived the name of any one in preference to that of her own mother. But yet he has been unluckily out in his conjecture. For, that she was by real name desig nated Isabella, is evident from a charter gi-anted by her brother, Robert IIL to Edmundstoun, (whom she had married after the death of Douglass), in his own right Lord of Ednam. Nor is it shewn that Euphemia had a daughter, by any other communication than at Winton's place, which we have just now rehearsed, assuredly not at all valid for demonstrating that. 222 of their parents,) he likewise judged it requisite for him to write that Euphemia died, and that Elizabeth be came the wife of Robert in the same year.* What shift could he make, therefore, in that place of the same annals, which reports that Euphemia departed this Ufe in the year 1387 ? He imagined that the text was there erroneously corrupted, and that for Euphemia the name of Elizabeth ought to be read. For which reason he himself wrote,f that Queen EUzabeth died about that period. Besides, deeming the same year in which the suc cession to the throne was established, as also propitious in advancinff the chUdren of each wife in honour and riches, he described that they then obtained these dig nities and splendid possessions, bestowed upon them by their father, which it was manifest they were previously in the enjoyment of, and that the actual period of impart ing which was elapsed, reciting very finely (in his own esti mation) as facts what arose merely from conjecture.:|; You will object, that in the law concerning the succession to the crown, John, Robert, and Alexander, are spoken of as descended of the first wife : I have concluded, on the contrary, from Boece, who would make no such declara tion, although he had seen the same law, that their mother was the second wife. And truly, that he had a most golden opportunity presented him for clearing away all blemish from history in this particular, is perfectly well founded. But he rather preferred to make the testimony of the law tally with the error prevaUing in annals, than to correct the one from the other. And I anticipate a twofold way by which he came to this resolution. He either imagined the wife pronounced asjirst in the law by reason of fictitious right, protracting matrimony back- ' llist. of Scot. xi'i. I The same. | The same. 223 wards to the period of the nativity of the legitimate chil dren,* Or he suspected that the name of the Jirst and second in his own copy of the law, had by oversight of the transcriber exchanged places : to which mode of emenda tion we lately saw Boece was no stranger. There is another circumstance too, which we ought here to explain. The law concerning the succession to the sceptre evinces it was written on the fourth of April, that is, on the forty-first day of the third year that Robert had com menced his reign : for it is manifest that his predeces sor David departed this life on the 22d of February. -j- Now, if Boece had seen that law, he might have also ob served, that previous to the 4th of April that year, there was but a very limited compass of time for Euphemia's death, the marriage of Elizabeth, and also the parliament which was afterwards held, (concerning which parliament the law itself makes mention) in which was proclaimed the declaration of John's right in regard to obtaining the succession to the throne. But here also the matter rests secure; for Boece in making enumeration of the days (if so be he has at all had recourse to this), appears as having followed the authority of Froissart, who had de clared the day of David's decease the Tth of May,;]: Such have been the circumstances advanced with regard to the writings of Boece, neither a careful nor sufficiently credi table author. Chambers, Lord of Ormond, adopted these as received from him, to be transmitted by himself too in silence and dissimulation : § but Leslie afterwards unveiled * Jo. -Voet at the title D. on concubines^ sect. ii. f Scotichron. vol. iv. p. 1059. Hearne's edit. \ Hist. vol. I. c. 313. Sauvages" edit. § In his epitome of the History of the Kings of France, England, and Soot- land, fol. 173. 224 and refuted them to us,* Nor has Buchanan been free from the common error. Their mistake (as has been very properly animadverted upon by Sir James Dal- rymple,f ) has also served to augment the pile of fable, who Ijy blending together matters absolutely different, have confounded Euphemia de Morham, who had been married to John Giffard about the aafe of Robert Senes- chal, with Elizabeth More. Yielding too much credu lity to what they narrated, Buchanan has written that Elizabeth was bestowed in marriage to Giffard, before that to Robert. And then, having acquired its full ma turity, the fable became universally diffused, and found its way into the very palaces of our kings. At length, in the reign of Charles I., Sir Lewis Stewart, a lawyer of great renown at that time, extricated from its conceal ment the truth that had been already lurking for so long a period, having discovered a great many pubUc acts and deeds, which verified Elizabeth the first, Euphemia the second wife of King Robert II. Besides several men of the highest and most distinguished reputation in learning,| commendably devoted their zeal and application after wards, in collecting and giving publicity to these, and in like manner to other documents relating to the same circumstance, and also illustrating them by the brightness of their own remarks. * Concerning the achievements of the Scots, book Wi. f In the preface to his Hist. Coll. p. S8. ^ Whom that most learned gentleman, Thomas Ruddiman, almost enumerates in his annotations to Buchanan's History of Scotland, book ix. p. 432, himself also a very strenuous champion of the untainted truth and fidelity of these docu ments. REMARKS ON MR. INNES'S CRITICAL ESSAY OK THE ANCIENT INHABITANTS OF THE NORTHERN PARTS OF BRITAIN, OR SCOTLAND.* Georoe. Waddel If we observe the accounts that have been given of the origin of the different nations in the world, we may see the authors that have transmitted them, as it were, vying with one another, to raise the settlement of their own country to -very ancient times, and to derive themselves from a long pedigree of illustrious predecessors ; and it is not to be thought strange, that their readers have not been over scrupulous in examining nicely into the truth or probability of such accounts, as they thought tended much to the honour of their country. At present it is very commendable to see, as in many other countries, so particularly among the Scots, a dis position to enquire honestly into their origin, and to renounce all accounts that appear fabulous, and may be found to be inconsistent with the truth of history, how much soever these accounts might flatter a conceit of an honourable descent In this Mr, Innes has remarkably distinguished him self; after having by indefatigable pains searched into every thing which he thought could give light into the * Edinborgh: printed by Tho. and Wal. Ruddimans. 1733. (4to, pp.32.) r 226 time of the settlement of the Scots in Britain, and of their being first governed by Scottish kings, he, not regardii^g the censure which he might incur from prejudicated minds, has been bold to advance, contrary to the pre vailing opinion of his countrymen, that their nation came not into Britain, probably before the Incarnation, and that they had no king before the fifth or six age after Christ. The opinion of the author's capacity and integrity prompted every body, especially the gentlemen of his own country, to read his essay, touching so curious and inter esting a question. When I heard that many, who had perused his book, declared themselves satisfied with his performance, so that they inclined to be of his opinion ; so soon as I could find opportunity and leisure, I set about the reading of it, almost persuaded that I should find the like satisfaction that others had found. It was not without great reluctancy and fear of expos ing my judgment, that I ventured to say among friends, that Mr. Innes appeared to me in his essay to have suffered his honest and laudable intention of inquiring impartially, to transport him too far ; insomuch, that out of fear of patronizing a vulgar error, he has, without sufficient reason determined against a received ti-adition, which for any thing he has proved to the contrary, may still be true. My design is not at all to enter into the question about theantiquity of the settlement, and monarchical government of the Scots nation, but only to consider whether the arguments that Mr. Innes makes use of to establish his opinion, are so clear and weighty, that every unbiassed and unprejudiced mind ought to renounce the hitherto received opinion, as evidently false. 227 The use of letters not having been introduced into these parts till the Romans had been settled there some time, and perhaps not till Christianity had been received, it is not to be expected that the Scots can be able to prove their origin and settlement by ancient written records, near to the time that they pretend to have been settled there first. Tradition is the only way by which they could convey down their history. It must be owned that tradition cannot be depended on so safely as written monuments : but yet it is not to be slighted when the case does not admit of any other proof, and there cannot be brought any good authority to the contrary. In such cases, on other occasions, Mr, Innes himself shows and pleads for a due regard to tradition. When he is speaking of the chronicle of the Picts, p, 109, 110, he says thus, " We give it as an ancient monument of history — containing the tradition of their settlement in Britain, before whom there is no memory of any known inhabitants in the north of Britain, nor any certain epoch of their beginning or settlement there : but reaching up to the dark ages of the depth of antiquity, they may, for what any man can show to the contrary, contend with any nation in Europe ; and even as to the number of their seventy kings, I do not see but it might have been pre served by tradition without the use of letters," Why will he not make the same allowance for the tradition about the settlement of the Scots ? When he does not produce any positive authority for a later settle ment ; yea, even confesses that there cannot be fixed any dates or epochs of their first settlement in Britain. " I do not pretend," (says he,) p. 185, " there can be settled any fixed dates or epochs of the first settlement of the Scots in Britain, or indeed of any northern nation, before they 228 had the use of letters." And further he owns, that after the use of letters, the oldest authors who wrote of their settlement believed them to have been in Britain before the Incarnation. " Bede," says he, p. 702, (who wrote in the eighth age) " seems to have believed that the §cots were settled before the Incarnation, not only in Ireland, but even in Britain. And Nennius also, a British writer of the ninth age, seems to place the coming of the Scots to Dalriel (the ancient name of their possessions in Britain) about five hundred years before the Incarna tion," But though Mr. Innes could not produce any author fixing the time of the Scots coming first into Britain, and acknowledges that the time cannot be fixed ; yet he thinks one may attain to the knowledge of it by guessing; find ing out, from the state of affairs in the world, a proper time when some people, being sore pinched at home, might flee from their own country, and seek a refuge in these northern islands ; and that there was such a state of affairs about the time of the Incarnation. P. 541. He gives an account how it might have hap pened. He says it is probable that the people of Scandia and the northern parts of the Continent, being pinched by the Romans about Augustu.s's time, when they were at their height of empire, would try first to settle in the most northern parts of Britain ; but being repulsed by the warlike Caledonians, thev removed to Ireland. After they had been some time in Ireland, he allows them to have sent a colony to Scotland. Mf, Innes was under a necessity of beating them off from the Scottish coast in their first attempt : he could not bring himself to believe that they could remain five hundred years without kings, and he far less hoped to persuade others of it : but having confined them during 229 some ages in Ireland, he thought fit to bring them over at a time that might suit with Fergus the son of Erc's beginning a monarchy there. This he imagined to be a probable account of their coming in. Indeed he does not affirm positively that it was so ; but if we are not satisfied with this way, he has found an equal probability from like circumstances of the people in the northern extremities of Spain, in reducing of whom Augustus found great difficulty, that they may have come from those parts. And this way he accounts for their being called Scots, because the inhabitants of these parts being descended of the Celtes, or Scyths, the Britains upon their first appearance, from their arms and their manners conformable to these people, might give them the name of Scyth, or Y-scot, They must be very easy of belief that are satisfied with such accounts : may be the people of Scandia and other northern countries, being distressed by the Romans about the time of the Incarnation fled from their own country, and tried to settle in the northern parts of Britain ; and when they were repulsed by the inhabitants of these parts, they went to Ireland, and, not meeting with so vigorous o,pposition there, took possession of that country ; and after some time forced their way to Britain, from which they had been beaten before: Or, if you are not pleased with this, it may be that the people in the northern parts of Spain, being about the same time very unwilling to submit to Augustus, tried to settle in other places, such as Ireland and the northern parts of Britain, Can any man, I say, think this a just account of the first settlement of the Scots ? Mr, Innes does not pretend to name any author that says that about that time it did happen so ; And even admitting that some of these oppressed people had at that time retired thither, for which however he brings 230 no proof; yet it would not follow from thence, that never any had attempted such migrations before, Livy, book 5, chap, 34, says, that in the reign of Tarquinius Priscus, which was a,bout 600 years before Christ, Ambigatus king of the Celtes, finding it hard to govern the country, by reason of the great swarms of people ; that he might ease the kingdom of part of that excessive multitude, sent out two strong colonies under his sister's sons, Bello- vesus and Sigovesus, the one towards the north, the other towards the south, to seek out new habitations for them selves. Now, I think, with at least as much, if not more reason, we may from this authority say, that it is probable that the Celtes, at this time when we are told by Livy they were obliged to seek out a new habitation, came to settle in these northern islands 600 years before the In carnation, This would agree better with the common tradition about their settlement: And Mr, Innes owns, that the northern nations had been often discharging their country of numbers of people, with which they were over stocked long before Augustus's time. It is not my business at present to determine the ques tion about the precise time of their passing into Britain ; but it is plain, that the circumstances of affairs in the Continent, long before Augustus's time, engaged the people in several quarters to quit their own country, and seek out new habitations, where they might be more at large and at their ease. Now, I would ask Mr, Innes, why some might not pass into Britain when they were pinched in those days, as well as when they were straitened in Augustus's time ? I do not believe he can offer at any solid reason why they might not ; and the only cause of denying it is, that it does not suit with his scheme, for the proof of which he has brought nothing but may-be's. 231 AS TO THE KACE OF KINGS. W^hereas it has been the common opinion in Scotland, that the reign of the Scots kings in Britain begun some ages before the Incarnation, Mr, Innes positively affirms, that they had no king tiU the fifth or sixth age after Christ, and that Fergus the son of Ere was their first king, P, 667. He says thus : " All the remains without ex ception, which we have of our ancient histories or records, written, extracted, or abridged from them ; far from authorising Fordon's new Scheme, do all unanimously contradict it, and agree that Fergus the son of Ere was the first king of the Scots in Britain." Again, p. 679. " I dare confidently affirm, that in no genuine writer before the year 1291, and our contests with Edward I. about 1300, wiU be found any certain account of the first forty kings, or of any sovereign king at all of the Scots in Britain before Fergus." Such bold and peremptory assertions are very apt to surprise a reader, and easily engage his assent, especially coming from an author of great industry, and who has the reputation of a man of candour and integrity. For my own part, I could hardly doubt of his bringing convincing evidence for the proof of what he so confident ly asserted ; only I thought, that to be rationally con vinced, one must examine the justness and force of an author's arguments, and not submit blindly to any man's authority, whatever opinion he may have of his learning and honesty. And now after reading over his essay, having weighed his arguments with all the attention I could use, I cannot say that I find my expectation answered, nor do I see 232 that he has any ways proved his point ; and these bold assertions of his appear to be very ill founded. For the satisfaction of his readers, he has annexed to his essay, by way of appendix, the several extracts of the records from which he has taken his proofs. And it is plain, that several of these very abstracts do in most express terms affirm, that the Scots were settled, and governed by their own kings in Britain long before the Incarnation ; and these of them that speak of Fergus the son of Ere, who reigned about 500 years after the In carnation, as first king, do not say in the terms that Mr. Innes alleges, that he was the first king of the Scottish race, or that he was absolutely the first of the Scots that did reign ; but only the first that reigned beyond Drum- alban ; which does not hinder but others may have reign ed before him, though in smaller territories, only he was the first in the series of those that reigned after the do minions were enlarged. This will appear by considering the several abstracts in the appendix. Number I. Is intituled, de situ Albanice, &c, Mr. Innes believes the author of this piece is not a Scotsman ; therefore he does not insist on the authority of it, lest his countrymen should except against a foreigner, as not a proper evi dence. But since he thinks the passage in this extract to be very clear as to the point, and because it is precisely in the same terms with what is found in the extract Num. 4. which he urges as not liable to that exception, it is fit to examine it. The passage upon which Mr. Innes founds his evidence is in the 9th paragraph, in these terms : Fergus flius Eric 233 fuit primus qui de semine Chonare suscepit regnum Albania:, i. e. d monte Drumalban usque ad mare Hibemia et Inchegall, &c. That is, Fergus the son of Eric was the first who of the seed of Chonare possessed the kingdom of Albany (or reigned over Albany ;) that is to say, from the hill of Brunalban to the sea of Ireland and Inchegall. The kings of Fergus's seed reigned in Brunalban or Brunhere tUl Alpin son of Eoachal, Kined son of Alpin, first of the Scots, reigned sixteen years happily in Pict- land. Now this expression, " Fergus the son of Eric was the first who of the seed of Chonare* reigned from the hill of Brunalban," naturally implies that some of the seed of Chonare had reigned before Fergus, but that none of his predecessors had enjoyed so large territories. This sense is confirmed from the author's manner of writing ; for it foUows immediately, " The seed of Fergus reigned there (i. e, from Brunalban to Inchegall) till Alpin, whose son reigned in Pictland ;" which in other terms is, " Kined the son of Alpin was the first of the Scots who of the seed of Fergus reigned in Pictland," A^ this im plies that there were of the seed of Fergus that reigned before Kined, though Kined was the first that reigned in Pictland ; so in like manner the other expression implies, that there were of the seed of Chonare who had reigned before Fergus, but Fergus was the first who reigned after the kingdom was enlarged, and reached from Brunalban to Inchegall, From what precedes in this extract, the author seems to say, that the kingdom before Fergus was confined to Argile, He tells that Albania was divided by seven * In the authentic Genealogy of the Scottish Kings, Chonare is reckoned the one-and-twentieth from Fergus son of Ferchar. 234 brothers into seven kingdoms ; in the seventh paragraph he says the seventh kingdom was Argile, And that he meant that this was the kingdom of the Scots, appears from what he says in the eighth paragraph, that it is called Argathelia or Arregathel, as if one said Marge Scotorum, the march or bounds of the Scots ; because (as he adds) all the Irish and Scots were called GatheUi, as descending from Gaithilglas, Then in the same para graph he says the Scots dwelt there at first after their return from Ireland. By the bye, what he says of their return from Ireland seems to favour Fordon's scheme, as Mr. Innes calls it. So that this extract is far from proving, so clearly as Mr. Innes alleges, that Fergus the son of Ere was abso lutely the first of the Scottish race that reigned in any part of Britain. By no rule of speech can one from this expression, " Fergus the son of Ere was the first who of the seed of Chonare reigned in Albany, i. e. from the Hill of Dru malban," infer that this Fergus was absolutely the first that reigned in Albany ; no more than what follows in the same paragraph, " Kined the son of Alpin, first of the Scots, reigned in Pictland," can signify that the Scots had no King before Kined ; or, if we should say, " James the son of Mary was the first who of the race of Stuarts reigned in England," one could conclude that none of the Stuarts had reigned any where before James. Number II. Contains only a Catalogue of the king.s of the Picts. 235 Number HI. Is a short account of twelve kings from the uniting of the kingdom of the Picts. It begins, " Kined first of the Scots ruled happUy that Pictland," This shows our histories distinguished the reigns of the kings into several periods ; and in reckoning, they called him who stood in the beginning of the series theffrst, but understood it only ffrst of that series. As here Kined is called ffrst of the Scots, but the meaning is only of those that ruled Pictland ; the authors did not apprehend, that their readers were in any hazard of mistaking their mean ing, when they had determined the epocha : So in other extracts, when Fergus the son of Ere is called^y^ri^, the meaning is only, first in the series of those that reigned beyond Brunalban, or (as one may collect from the first extract) of those that reigned after the Scots returned from Ireland. This does not hinder but there might be, but rather implies that there were (as has been commonly believed) still other kings that preceded them. Number IV, The title of this extract is, Chronicles qf Scots Kings for 3l4i years. Nobody will say that this title promises a complete list of the Scots kings, or that it is necessarily to be under stood of the first 314 years that they reigned, although Mr, Innes reckons that it is so ; and he thinks that his assertion about the beginning of the Scottish monarchy is clearly proved from the first words of the extract. It begins, says he, with these words, « That Fergus 236 the son of Ere was the first of the Scottish race ; that he reigned from Drumalban to Inchegall." * The author says indeed, " That he was the first that reigned from Drumalban ;" but not " that he was the first of the Scottish race," The extract begins precisely in these terms : " Fergus the son of Ere was the first who of the seed of Chonare took possession of (or reigned in) the kingdom of Albany, i, e. from the Hill of Drumalban to the sea of Ireland and Inchegall," I am unwilling to suspect Mr, Innes's candour, but at least his want of attention cannot be excused. I will appeal to himself, if there is not a great difference be tween these two expressions, " Fergus the son of Ere was the first of the Scottish race ; he reigned from Drumalban to Inchegall," which is the way he represents it, and the terms of the author, which are, " Fergus the son of Ere was the first who reigned from Drumalban to Inchegall ;" just as there is between these two, " Kined was the first of the Scots who reigned in Pictland," and " Kined was the first of the Scots race ; he reigned in Pictland," The words in this extract being exactly the same with those in the first of the situation of Albany, it is needless to repeat what was said there. But it is remarkable, that as the title of this extract did not promise a complete list of Scottish kings, but only a chronicle of Scottish kings for 314 years, which is the space of time from Fergus the son of Ere, who reigned first from Drumalban to Inchegall, till Kined the son of Alpin ; so the author takes notice, that from Kined to • In the copy which I read, it is precisely thus in English ; whereas In these that I have seen since, Jlr. Innes has set down the words in Latin, as they are in the extracts, 237 the first year of WUliam, the 49th king from Fergus son of Ere, it is 315 years. And to let see that these two periods, from Fergus son of Ere to Kined, and from Kined to WiUiam, do not contain the whole race of the Scottish kings ; when he has carried back the genealogy from William to Kined, and from Kined to Fergus son of Ere, he still goes on from this Fergus to the other Fergus, or (as he is called there) Forgo son of Fera- daigh, &c. I know Mr. Innes will say, that this is only the genealogy of the family, and that none of them before Fergus the son of Ere were kings ; but for any thing that is said to the contrary by that extract, they may have been kings : When they come up to Fergus the son of Ere, they do not distinguish, and say that the kings went no further, and that what precedes is only the genealogy of a private family, from which Fergus was descended. 'Tis true the genealogy here is carried up to Simon Brict, but the common accounts go no further than Fer gus son of Ferchar. Fordon and others that have search ed into the remains of our history give up the rest as fabulous, or at least not concerned in the royal line : And Mr. Innes confesses (as shall be shown afterwards), that the English, Irish, and Scottish writers in all ages, south, north, and Highlands, do agree in the genealogy from that Fergus, But it is not much to be wondered at, that Mr, Innes should think that these extracts prove that Fergus the son of Ere was the first king of the Scots race, since they begin with him, and do not expressly make mention that there were any that preceded him. His zeal to establish this point, makes him find it, even in authors that employ whole treatises to prove that they had kings of their own, long before the Incarnation; accordingly, he brings For don himself as his fourth evidence, to prove that Fergus 238 the son of Ere was the first king of the Scottish race ; notwithstanding that he confesses that Fordon, through out his second Book, endeavours to shew that the mo narchy began under Fergus the son of Ferchar, and that between this Fergus, and the other who reigned in the fifth or sixth age, there interveened 45 kings. He says indeed, p. 672, " This may appear a strange paradox," yet he does not doubt to make it out ; in order to which, he says, in these terms, p, 673, " John Fordon, in his searches for memorials of our History, had no doubt seen these abstracts of our ancient chronicles I have quoted above, or others equivalent, and read in them the words I set down, viz, that Fergus son of Ere was the first king of the Scottish race ; that he reigned from Drumalban to Inchegall ; and that he reigned only three years ; which are the words of the extracts above-mentioned ; but if they be let pass without a commentary, and be taken in their literal meaning, they are enough to subvert the whole fabric of Fordon's 45 kings before Fergus the son of Ere," &c. The substance of what fellows, is. That to avoid that inconveniency Fordon supposes a subversion of the mo narchy, and a restoration of it under Fergus the son of Ere, and that he reigned sixteen years, and in the three last he reigned beyond Drumalban in the country of the Pictsj from the hills to the Scottish seas ; but that this gloss, after all the pains he has taken, cannot hide the conformity of his expressions with what is said in the extracts ; and that it will appear to any unprejudiced reader, that he agrees with them. Tlien he subjoins Fordon's words, Fetgustus rex \_sede- cim annisl regnavit in Scotia [^quorum tribus ultimis^ ultra Dennalban, hoc est, ultra dorsum Albania: ; primus regum Scotici generis [in terra Pidorum'] a montibus ad mare 239 IScoticum.} What is inclosed within the crotchets he caUs Fordon's interpolations, to adapt what he has found recorded about Fergus to his own system. This is all the proof he brings of Fordon's being on his side. He says, " That even while he is endeavouring to establish an opposite scheme, he has inadvertently blabbed out the truth, and let such expressions escape from him as agree with the other extracts, and entirely overthrow his own scheme," Mr, Innes must pardon his reader if he does not think himself obliged to take things barely on his word, nor without examination, to assent to whatever he has boldly and peremptorily asserted. It is indeed very probable that Fordon did see these ancient extracts which Mr, Innes quotes in his Essay, which he has annexed by way of appendix to it : but it is very certain, that he did not read in them the words which Mr. Innes sets down, viz. " that Fergus the son of Ere was the first king of the Scottish race ; that he reigned from Drumalbayn to Inchegal, and that he reigned only three years :" and unless Mr. Innes has seen other extracts than these in the appendix, I may confidently say, that he himself did not see them ; for these words, " Fergus the son of Ere was the first king of the Scottish race," are not in these extracts ; but these, " Fergus the son of Ere was the first who of the seed of Chonare reigned in Albany, from the hill of Brunalban, to the sea of Ireland and Inchegal." Neither is it said in any of these extracts, that he reigned only three years, but that he reigned three years beyond Drumalban. And this does not at all contradict what Fordon says of Fergus son of Erc's reigning sixteen years. The extracts take only notice of the space that he reigned 240 beyond Brunalban ; whereas Fordon gives the full num ber of years of his reign, and tells, that he reigned only the three last beyond Dennalban or Brunalban. In like manner we see the extracts, Numb. 3, Numb. 4, and Numb. 5, say that Kined reigned sixteen years; but it appears they mean only the time that he reigned in Pictland ; for notwithstanding of reckoning so in the extract, Numb. 3, it is said that he reigned two years in Dalrieta before he came to Pictland : and in the extract, Numb. 6, in chap. 6, which contains a chronology from Fergus the son of Ere, it is said of Kined, that he reigned seven years ; but that this is to be understood only of the time that he reigned in his ancient territories, is plain from what is said, chap, 7th, " Kined, after he had beat out, or entirely put to flight the Picts, he continued to reign twice eight years." Though Mr. Innes met with no extracts that mention- .ed more than three years of Fergus's reign, Fordon may have met with records from which he learned that he had reigned thirteen years before he got into the country of the Picts, and that he reigned three vears after that. Mr. Innes in his essay, p. 145, says, " It is not to be doubted but Fordon or such others of our writers that wrote after him in the fourteenth or fifteenth age, had be fore them more ancient histories, which might have affbrd- ed greater light into the British affairs." Number V. The title of this extract is first in general, names of Scottish and Pictish kings. Next, a series of Scottish kings ; (which is only of a certain number of kings, and for a certain time, as appears plainly from what follows in the title) an account of 23 kings in 327 years, 3 months. 241 And then is subjoined a list of the kings from Fergus the son of Ere to Alpin, This evidently is only the series of the kings that reigned after the dominions were extended beyond Drumalban, till they conquered Pictland. After this series follows a new title, viz. Names of Pictish Kings ; to which is subjoined a catalogue of the Kings of the Picts, After the catalogue of Pictish kings, follows a new series of Scottish kings from a new epocha, viz. from the unit ing of Pictland : It begins from Kined, and is carried down to Alexander III. Now the terms of these titles do not promise a complete Ustof aU the Scottish kings, but only of certain Epochas; and one cannot infer from hence, that there were none that preceded these that are set down here. And the words with which this Extract begins, viz. " Fergus the son of Ere first reigned in Scotland beyond Drumalban," lead one naturally to think what Fordon has added to the passage quoted above, " That none of his predecessors had been master so far before him." He says indeed, as Mr. Innes observes, that he has not discovered whether they came to possess it by the sword, or any other way : But that says nothing to favour Mr. Innes's system. Number VI. This extract contains a short Scottish chronicle in Latin in rhyme. The title of it is. Breve chronicon Scoticum, sive chronicon rythmicum. There is indeed something in this chronicle, which at first sight seems to favour the opinion of Fergus the son of Ere, being the first of the Scottish race that reigned in Britain ; for in the 5th chapter it is said, " That the Scots, tho' they were in Britain before the Incarnation, yet they 2 242 lived a long time according to the law of nature, without a king, tUl one called Fergus brought the famous stone to Argyle (Argadia), and became the first king of the Scots." Mr. Innes take& this Fergus to be the son of Ere. Let it be taken for granted that the author meant him, though Fordon says, I That Fergus the son of Ferchard brought over the fatal stone. It must be owned that the title first given to the son of Ere, does not appear to be restrained here, or qualified, as- it is in the other extracts. But either the author could not mean here that Fergus who reigned in the fifth or sixth age : (In some of the extracts the other Fergus is likewise called son of Ere ;) or, if he meant him, he did not understand that he was absolutely the first that reigned in Scotland; for in the 4th chap, he says, the Scots came into Scotland 443 years before Christ. Now it is hardly to be supposed that he would say they lived above 900 years according to the law of nature, without a king, especially if we consider, that he says in the preface to his chronicle, that the Scots reigned before the Plots ; and every body allows that the Picts reigned long before the fifth age. And Mr. Innes himself owns, that this expression ought not to be taken strictly. Speaking of the Scots coming in under Eoacha Riada, in the third age, p. 664, he says thus, " It is at least very probable they continued and made a figure in the fourth and fifth ages, and it is no ways likely that they could have subsisted without some government of their own, — nor without leaders or chiefs ; — and I do not see why these leaders or chiefs of the Scots in Britain might not be called kings, as well as some of these of Ireland, to whom that title is given, or even as some of these in England during the heptarchy, or these of the Britains or Welsh in Wales, or in the west of Scotland : So that the 243 expression we will find: in the Latin chronicle in metre, (N. B.) That the Scots in Britain tUl the time of Ere lived without a kmg, cannot regularly be taken in the rigour of the letter, as if absolutely they had not such lesser kings, as there were many in Ireland ; — but that the Scots before the time of Ere had no sovereign king over all the Scottish inhabitants of Britain, such as Fergus the son of Ere and his successors were." Does not this explication of Mr. Innes justify the ob servation, that what is said of Fergus son of Ere, in the extracts quoted by him, is not to be understood as if they meant that he was absolutely the first of the Scots that had reigned in Britain, but the first that had reigned over the Scots, after their dominions were enlarged, i. e. from Drumalban to Inchegal. But there is another passage in this Chronicon Rythmi cum, which Mr. Innes thinks an additional and irrefrag able proof of Fergus the son of Erc's being absolutely the first king of the Scots ; it is the time the Scots are said to have reigned together with the Picts, which he says is 332, or 312 years ; according to a different reading, it being in some copies quater odoque, that is, and eight four times, i. e. 32 ; in others it is, quatuor odoque, that is, four and eight, i. e. 12. Now this number of years will not reach further than Fergus the son of Ere, who reign ed in the fifth or sixth age ; whereas Fergus I. is suppos ed to have lived 330 years before Christ; that is, near 1200 years before the union of the Scots with the Picts. The words in the extract are, " Hi cum praedictis regnarunt tempore Pictis, Quod trecentenos quater octoque continet annos.'' Mr. Innes, to adapt this to his scheme, interpolates Scoti before hi, as if the author was speaking of the reign of all the Scottish kings. 244 This interpolation of Mr. Innes's, together with the am biguous way of the author's expressing himself, led me, when I considered these lines separately, to distinguish the second line thus, Trecentenos quater, odoque, three hundred four times and eight : This appeared the most natural and easy way of distinguishing ; and this way it gives the time that Mr. Innes says is required to reach to Fergus I. and then the author, who says that the Scots reigned before the Incarnation, would be consistent with himself; whereas if he is speaking of the whole time of the Scots reign, according to the other way of distinguishing, he flatly contradicts himself. Mr. Innes, in his note on the 2d verse of the 4th chap ter of this Chronicon, says thus p. 809. " Indeed, from the whole context of this and the preceding chapter, it ap pears by these verses. Bis bis centeno, &c. that the author was of opinion, that the Scots began to inhabit in Britain 443 years before the Incarnation, and that they were settled in this island before the coming of the Picts, whom both this author and all other Scottish writers believe to have come into the country at least 200 years before Christ." He says the same thing, p. 703, when he is refuting Bede's interpretation of these lines. Bis bis centeno, &c. And the author of the Chronicon, in the preface, says expressly he will give an account how long the Scottish kings reigned before the Picts, how long they reigned with them, and how long after them. Thus it is undeniable, that this author believed that the Scots were settled in Britain under kingly government be fore the Incarnation, But to speak ingenuously, when I turned over to the extract, and read it at length, I was satisfied that this passage ought to be understood 332 or 312 : But then it 245 is to be observed, that he does not say that the Scots, as Mr, Innes has interpolated it, (meaning aU the Scots kings) but only these, reckoning up them that he had named, who had reigned from Fergus the Son of Ere to Kined, which is the same series with what is contained in the Sth extract, under the title of. An Account of twenty three Kings in 327 years ,- that is, from Fergus son of Ere to Alpin the father of Kined, And this does not prove that this 332 or 312 years is the whole time that there were kings that reigned in Scot land with the Picts, no more than the like expression in the 4th extract, when having reckoned those that had reigned from Kined to William, the author says, " From the first year of William the years of the Scottish kings are 315." Besides the extracts in the appendix, Mr. Innes brings as a further proof an extract written by James Gray. I know not how he comes to make use of this as a new proof, since, p. 671, he owns it is only a copy of the register of the priory of St. Andrews, which he produced before as one of his evidences. Now a hundred copies of the same record are still but the same evidence over and over again. But it may stUl seem more strange, and in a manner a paradox, that he should adduce James Gray as a witness, when he is directly against him ; for from him it is plain, that the catalogue in that list does not contain a complete list of the Scottish kings, but only the series of those that had reigned after the dominions were extended beyond Drumalban, or, as he caUs it, Druthin- alban. To prevent any body's thinking otherwise, before he sets down the account of these kings, he cautions his readers to remember that the kingdom of the Scots begun 246 before the Incarnation : Notandum quod regnum Scotice incepit ante Incarnationem. Mr. Innes says, that the reason of that Notandum is, because Mr. Gray had seen Fordon's history, and was preven'd by the common notions that the Scots had in his days, of Fergus the son of Ferchard being the first king, and founder of the monarchy; but that being a public notary, he caused to be transcribed faithfully the account of the succession of our kings, such as he found it in ancient records, however opposite it was to his own and the common opiniorf of the Scots in these days. No doubt James Gray transcribed it faithfully ; but he had not the same notion of it as Mr, Innes : He thought it no ways opposite to his own and his countrymen's opi nion about the royal government in Scotland ; he looked upon it as only a partial list of the Scottish kings, from the time that Fergus extended their dominions, ^ or, as Fordon has it, from the restoration of the monarchy; there is not the least insinuation that he thought it incon sistent with his Notandum. Number VII. Is an extract of the chronicle of Andrew Winton, prior of Lochleven. The argument that Mr. Innes brings from this chroni cle is, that Mr. Winton, though amongst the rest of the names of the predecessors of our kings he reckons Fergus the son of Ferchar, yet he takes no particular notice pf him, nor in the least insinuates his having been the first king, or a king of the Scots at all ; whereas, when he comes down to Fergus son of Ere, he calls him expressly the first king of the Scots, and also in the review by him- 247 self of his chronicle he persists in it ; and according to the records of St, Andrews (and he does not doubt but he had it from them), informs us that Fergus son of Ere, first king of the Scots, reigned three years from Drumal ban to Inchegall, This is no ways a fair account of Winton's chronicle, Mr, Innes, p, 684, endeavouring to prove his scheme of Fergus, that reigned in the fifth or beginning of the sixth age, being the first king of the Scots, from a tradition among the Scots of their monarchy beginning by one Ere, or the son of Ere, tells, that the instructions given to their commissioners at Rome, A. D, 1300, during the debate with King Edward before the Pope, speak of two Ercs, one that reigned before the Incarnation, and ano ther in the fourth or fifth age. When Winton calls Fer gus the son of Ere, or Erthson, the first king (absolutely) of the Scots, he certainly does not mean that Fergus that lived in the fifth or sixth age ; for he says of him that he reigned before the Picts. His words are : " Fergus Erthson the first man W'as yat in our land began. Before that time yat the Peythis Our kinrik wan fra the Scottis," 8:c P. 621. And in his chronicle reviewed by himself, when he comes to speak of Fergus that reigned in the fifth or sixth age, there is not so much as the word first, but only that he reigned three years from Drumalban to Stanemore. Mr, Innes saw very weU (though it made for his pur pose to dissemble it) that Winton speaks of two kings of the name of Fergus, between whose reigns there inter vened a great distance of time : For he observes him to be mightily embarrassed how to reconcile the great dis tance of time from Fergus Erthson to Kenaught Macal- & 248 pin, which is above 1200 years, with the small number of generations that are reckoned between them, which are but ten or eleven. Mr. Innes, after he has represented the in tricacy of that account, p. 626, says thus : " Winton him self had observed this in the first draughts of his chronicle, and after useless efforts to get rid of it, he is at last forced to leave it to others, or rather to give it up, and to own that the Picts were already reigning in Albany, before Fergus Mac-Erch, first king of the Scots, began to reign. It seems that Winton was advised to omit all this in the last ¦ review and correction of his chronicle, where accordingly we meet no more with it." And, p. 682, he says, " At last finding it impossible to make ten or eleven genera tions in those times fill up 1200 years, he chuses rather to bring down the beginning of the Scottish monarchy to more modern times, and to grant that the Picts were al ready settled in Britain when the Scots came into it, and doubts no more of Fergus the son of Ere being their first king." Let one judge whether this is a just account, by the words of the extract reviewed by himself, which are as follows : — " Four hundred winters and fifty, And twa to reckyn our even likely, Before the Nativite, &c. As in our story written is, If an In Scotland the Scottis Begouth to reign and to steir, Twa hundred full and forty zhere, Five winters and Monethis three * Or the Peythis in Scotland Came In, and in it were dwelland. And now to thai I turn ray style. Of their lynage to speke a while : • Gif yat all sttld rekkonit be^Line omitted by Waddel.) 249 As iu the third book was before, From Simon Brek till Fergus Mori), Is as the Scottis lynally Come down of Irishery ; Qohar yen I left, now to begin, Yair namis here I will tak in. He yat was callet Fergus More, In ye third buke le hard before, Was Fergus Erthson, that thre yhere Made him beyond ye Drum to steir. Cure all ye hychtis evir ilkane. As yai ly fra Drumalbane Till Stanemore and Inchegall, King he made him cure yaim all. " I cannot possibly imagine how Mr, Innes can from this extract reviewed infer, that Winton disclaims his former opinion of the antiquity of the Scottish monarchy. Does he not say in the plainest terms, that the Scots began to reign 452 years before the Incarnation, and 245 years three months before the Picts ? And as to Fergus Erth son, does he say that he was the first king of the Scots ? So far from it, that where he is speaking of him, the word first is not to be found at all ; all that he says of him is, that he reigned beyond the Drum, over all the country from Drumalbane to Stanemore and Inchegall. Besides the authority of these extracts, Mr. Innes, p. 684, endeavours to establish his scheme from the in structions which the Scots sent to their commissioners at Rome A. D. 1300, during the debate with king Edward before the Pope. He says, from these instructions it appears that the tradition of the Scottish monarchy begin ning by one Ere, was deeply rooted in the.ininds of the Scots; 1. From their deriving from Ere and Gatheyl the name of their first settlement in Britain ; 2. From their naming no other king of Scots but Ere, whom they bring in both the first king of the Scots in Britain in the highest 250 antiquity, and again as a king of the Scots about the end of the fourth or beginning of the fifth age, where our moderns (says he) place the restoration of the monarchy. This opinion of one Erc's being the founder of the Scottish monarchy, is no ways an argument against the antiquity of it. Mr. Innes owns, that the instructions speak of two Ercs, one that reigned before the Incarna tion, and another in the fourth or fifth age ; and I believe that those that plead for the antiquity of the royal line, will not be much concerned whether the name of the father of the first Fergus was Ferchar or Ere, which is also the name of the father of the second Fergus : And to do Mr. Innes justice, he does not seem to lay much weight on this ; he only says it is worth observing. I would not have it to be thought that I am contending for the highest antiquity of the settlement of the Scots in Britain, or of the race of the Scottish kings ; I have studied to avoid entring into that question : Nor do I indeed think that the honour of the nation, or of the royal family, is much concerned in it. Supposing they had no kings before the fifth or sixth age, they may vye with the eldest royal families in Europe. If there can be offered good reasons by which it may clearly appear that this is the time about which they began to be settled, we ought no longer to struggle for an opinion that is con trary to the truth of history, out of a vain notion of ho nour to the country ; though, on the other hand, unless there can be brought sufficient arguments against the common opinion, it would be ungenerous, as well as un just, to sacrifice the memory, or do any thing in preju dice of the honour of these persons, that an uninterrupted tradition has represented as the founders and supporters of their country. Fordon surely was not the first that gave rise to that 251 opinion of forty kings : Mr. Innes owns, that while our ancient records or histories were yet entire, they agreed in a genealogy of our kings, in which these forty that pre ceded Fergus the son of Ere are distinctly reckoned. While he is endeavouring to discredit Boece's history, he thinks it a clear proof, that the authors upon whose au thority he reports things, were forged, because the names they give of their kings differ exceedingly from those in the authentic genealogy, in which all our writers before that time do agree. Of which agreement he says thus, p. 236, " In the twelfth age, the author of the genealogy, in the MS. intituled. Chronica Regum Scotorum, set down in the Ap pendix, Numb. 4, who was a Scottish writer, and Radul- phus de Diceto, dean of London, an English writer, relate both of them this genealogy as it is set down by Fordon." And p. 237, " In the thirteenth age (says he) the Highland Seanachy or antiquary, mentioned by all For don's continuators, and by Major, pronounced this genea logy in the same series of names from Fergus son of Ere to Fergus son of Ferchar and upwards, at the coronation of king Alexander III. A. D. 1249 ; and this being on so solemn an occasion, in presence of the three estates of the kingdom assembled for the coronation, carries with it the sense of the whole kingdom, especiaUy that of all Highland Seanachies, so well versed in and so tenacious of the ancient genealogies ; and this while our ancient re cords were as yet entire, and before they were destroyed by Edward I." P. 238. " Fordon, after aU his travels and searches, inserts this in his Chronicle, as being the authentic genea logy of our kings, and conform to what he had met with every where else.'' 252 P. 239. " Thus we see, besides the English account of that genealogy, the same as ours, and the Irish, which differs only in four or five names, the Scottish writers in all ages, south, north, and Highlands, the writers of the clergy and those of monasteries, all agree without exception (allowing for the faults of transcribers) on the same names and series of the genealogy from Fergus the son of Ferchar, called Fergus I., to Fergus II. son of Ere." Thus Mr. Innes allows the genealogy to be authentic, but he will by no means allow any preceding Fergus son of Ere in that genealogy to have been kings. I have no mind to dispute it with him, though it is not easy to imagine a good reason why there should have been such care taken to preserve their memory, and to rank them in the catalogue of their kings, and that with out any mark of distinction, at the coronation, if they were not kings. It is at least a proof, that the persons there named were considerable for the power and credit they had among the people ; and no great matter whether you call them leaders, or chiefs, or little kings. And unless we see better reasons than Mr. Innes has offered, I think it would be rash to pronounce certainly that they were not kings, contrary to the received opinion. I think it evident to a demonstration, that these extracts upon which he founds his opinion (and if he had had any clearer, no doubt he would have produced them), are not to be understood as if they meant that Fergus son of Ere was absolutely the first king of the Scots: is it possible that these who say expressly that the Scot tish monarchy begun before the Incarnation, that it was more ancient than the Picts, (as the Breve Chronicon, 253 Winton and Andrew Gray most expressly affirm), should mean that Fergus son of Ere, who did not live till several ages after Christ, was the first king that had reigned in Scotland? Without their asserting a more ancient monarchy in plain terms, I believe few wUl deny but that expression, " Fergus was the first that reigned beyond Drumalban," implies that others had reigned before him, though in smaller territories. And this sense of the words is so obvious, that Mr. Innes dares never repeat them fairly, but always glosses them so as they may best serve his scheme, viz. " Fergus son of Ere, was the first king of the Scottish race," or, " Fergus son of Ere was the first king of the Scots in Britain ;" which every body sees differs vastly from the words in the extracts. However, it is not so much to be wondered at, that he finds it in these extracts, when he has found it in Fordon. How comes it that he did not discover it in Sir George Mackenzie's Defence of the Antiquity of the Royal Line? After all, though it may seem a strange paradox, (let me be allowed to copy after Mr. Innes) I will venture to say, that Mr. Innes himself is satisfied that the expres sions in these extracts to which he refers, do admit of a sense consistent with the received opinion of a monarchy much more ancient than the fifth or sixth age. This will appear from what he has said in the 4th chapter, containing the conclusion of the first section. He writes thus, p. 397, " But as to the antiquity of the settlement of the Scots in Britain, and an ancient mo narchy, even in the Scottish Une, laying aside the addi tions of Boece and Buchanan, I was long of opinion, that on supposition of the truth of the Irish high antiquities, those of the Scots in Britain might be much more- pro- 254 bably sustained, on the old system of our history, such as Fordon and his continuators have left it ; the few par ticulars they contain of the Scots from Fergus I. till Fergus II. laying aside some things visibly fabulous, appearing to me less opposite to the ancient Roman and British histories." P. 398. " Being unwilling wholly to abandon a system of our antiquities, which had been generally received among the Scots during the three last centuries and upwards, I was resolved to leave nothing untried that was consistent with truth, and might gratify my countrymen attached to the antiquity of the settlement and monarchy in the Scottish line. " In order to this, my first application was, to sup port the system of our antiquities much on the same footing on which Fordon's followers and continuators had left them, before Boece's history appeared, by endeavour ing," &c. Towards the end of the same page he saj's, " I had entred into a full discussion of all the passages of the Roman and British writers, from the first time that the name of Scots is made mention of by ancient authors; and had shewn, at least with probability, against Camb- den, Usher, and others, that all these passages might be reconcUed with Fordon's system of our antiquities (admitting some corrections of it), and in particular with the settlement of the Scots before the Romans first entry into this island, with their being forced out of Britain by the Romans after the middle of the fourth century, with their restoration in the beginning of the fifth," &c. Though Mr. Innes is unwilling to speak out as to tlie extracts of the records of our ancient histories, yet is it not plain, that whUe he inclined to come into Fordon's ^55 scheme, he saw how the passages in these records might be easily reconciled with the received opinion of an ancient monarchy, viz. by understanding what is said of Fergus son of Ere, not as if the meaning WaSj that he was absolutely the first king of the Scots in Britain, but only the first after the restoration of the monarchy ? And one will be apt to think, that the circumstantiated account he gives, p. 744, 745, of the way that Fordon seems to have argued or reasoned with himself, in order to reconcile his system of the forty-five kings with the remains of the ancient chronicles of the Scots, is the way that he himself has reasoned whUe he was applying him self to support the system, of our antiquities. When I consider Mr. Innes's wavering and uncertain way of writing in his Essay, it brings to my mind Horace's Carpenter,* doubting some time with himself what use he should make of the trunk of a fig-tree he had by him, whether he should make it into a bench for people to sit upon, or into a god for them to worship, for he thought it might serve for either ; at last he resolved to make it into a god. I cannot forbear fancying, and I think abundance of passages in his Essay will justify it, that Mr. Innes has doubted a long time to what use he should put the materials he had collected ; whether he should employ them to prove the antiquity of the settlement and monarchy of the Scots, or, on the contrary, to overthrow it ; and that it was not without some struggle that he had chosen the last. Indeed after he had determined himself, he has urged his opinion (to use Bishop Atterbury's wordsf on another occasion) with so much warmth and gravity, and such an air of assurance, that even a wary reader would be apt to ' 1 Serm. viii. ], et seqq. f In the preface to his discourses. 256 think it well founded. But after weighing the strength of his arguments, I may pronounce, as the Bishop does of his adversary's censure, that never was an assertion (for ought he has said to support it) more rashly vain, or more entirely destitute of all colour of truth. In reprinting the preceding " Remarks on Mr. Innes's Critical Essay,"* it has been thought necessary to give the extract quoted in page 232, precisely as it stands in Innes, (vol. ii. page 772) viz. " Fergus filius Eric ipse fuit primus qui de semine Chonare sus cepit regnum Albaniae, 1. A monte Brunalban usque ad mave Hibemise & ad Inchegal). Deinde reges de semine Fergus reg naverunt in Brunalban, sive Brunhere, usque ad Alpinum filium Eochal : Kined filius hujus Alpini primus Scottorum annis XVI, in Pictinia feliciter regnavit." The extract from Fordon, quoted at pE^e 238, stands thus in lnnes,(vol. ii. ^age674) — " [Fergus filius Erch'] tribus [ultimis] annis ultra Drumalbayn, hoc est, ultra dorsum Albania primus regum Scotici generis [in terra Pictorum] a montibus ad mare [Scoticum] regnavit." The reference in page 240 to Innes, p. 145, must be a mistake of the press, as no such passage as is here quoted can be found there ; but see Innes, vol. i. page 204, &c. and vol. ii. page 600, &c. Upon the whole, it must be confessed, that the quotations from Innes are somewhat loosely and inaccurately given. The author has a note upon this subject (page 986 qf this vol.) which at this distance of time, it is believed, cannot be properly imderstood. * This tract has been generally attributed to a Mr. Waddel. He Is supposed to be the same person who made an English prose translation of Buchanan's Psalms, and he is there called " Andrew Waddel, M, A. late Teacher of Languages.*' AN ESSAY, THE INSCRIPTION MACDUFF'S CROSSE IN FYFE. By I. C. 1678. ¦Veterrima quseque ut ea vina quae vetustatem ferunt esse debent suavlssiraa.- CicER. de Amicitia. EDINBURGH : PRINTED BY THE HEIR OF ANDREW ANDERSON, PRINTER TO THE KING's MOST EXCELLENT MAJESTY. 1678. The preceding page is a copy of the title of the original edition of this curious and rare tract, (a copy qf it is marked 11. lis. 6rf. in Mr. Blackwood's Catalogue, Edinburgh, 1812, No. 402); on the back of the title we have the following line : — " Antiquius quo quid est, hoc venerabilius." Bishop Nicolson, in his Scottish His torical Library (8vo. London, 1702, page 66), speaks thus of the work and its author : — " Mr. James Cunningham's learned Essay upon the Inscription of Macduff's Cross in Fyfe, brings the Maca ronic Rhimes on that venerable piece of antiquity from a Saxon fountain ; and reduces them into an intelligible and princely chat ter, wherein K. Malcolm Canmoir gi-ants large privileges to the loyal Earl of that county.'' And at page 138 qf the same work, we learn that Mr. Cunningham was a writer to the signet, and published in 1685 a curious Latin poem against Bishop Lloyd, relative to the Controversy about the Antiquity of the Royal Line of Scotland, &c. Nicolson's words are, that our author " slew the Bishop of S. Asaph in verse;" &c. as in pages 138 and 139. The Essay was reprinted at Edinburgh in 1716, 4to., and it forms part of a publication which appeared there in 1719, 4to., entitled, " Miscellanea Scotica," of which laudable undertaking it is be lieved only the first number of Vol. I. came out : it cannot now be ascertained why the publication did not go on. We are indebted to the kindness of Dr. David Irving, Librarian fo the Faculty of Advocates, for a perusal of this very scarce collection, which was published at the small sura of one shilling, and is priced 21. 2s. No, 650 of Mr. Blackwood's Catalogue already referred to. Sir Robert Sibbald, in his History of Fife and Kinross, (folio, Edin burgh, 1710, pages 92 and 93), speaks very favourably of " the ingenious" Mr. Cunningham's Essay, and gives a copperplate of a copy of the inscription (taken from Sir James Balfour's papers), which he says, " perhaps may be the same, Mr. James Cunning hame mentioneth, in a postscript to his Essay.'' ( Vide paae 280 of this vol.) Part iii. sect. iii. chapter i. of Sir Robert Sibbakl's History of Fife, is the second article in the " Miscellanea Scotica" above referred to ; the rest of its contents consist of papers upon subjects not included in " Scotia Rediviva." INSCRIPTION MACDUFFS CROSS, WHICH STANDS ABOVE THE NEWBURGH, NEAR LUNDORES, UPON THE CONFINES OF STRATHERNE AND FYFE. MALDRARAnRU:»I DRAGOS MaLAIRIA I.ARGIA LARCOS spalanno spados sive nig fig knipplte gnaros lorea lauriscos lauringew touria luscos Et Coluburtos sic fit tiki bursea burtus Exitus et blaradrum sive lim sive lam sive laerum Propter macgidrui et hoc oblatum AcCIPE s:iIELERIDElI SUPER LIMPIDE LA51PIDA LABRUJI. Though I had this of an ingenious gentleman, telling me he came by it from the clerk of Crail, who informed, that several succeeding clerks there, have, for a conside rable time, engrost this as a true copy in their books, to preserve it from utter perishing ; for it is now quite worn off the stone, at least altogether illegible. But be it so recorded in Crail, Newburgh or elsewhere, yet with their good favour, scarcely can I judge this a true and exact copy ; whether the fault has lyen in the first copiator from the stone, or from the engraver, or partly both : For, none who knows the history of Mackbeth, Malcora Canmore, and MackdufF, will, I hope suppose, that such a king as Malcom Canmore, when he intended to witness a favour for Mackduif's services, and such a subject as MackduiF, when he was willing to publish the royal bounty of his 260 master, would upon the cross of so famous a sanctuary (as this was) have inscribed but non-sense. And though the true meaning and purport of the words be dark and abstruse to us, who now live at such a distance ; yet 1 wonder why the learned Skeen should brand them as barbarous (I hope he only means unintelligible, and not nonsensical), for questionless they are (for what I have said) significative, and I doubt not but to purpose ; and most probably they were written, either to signifie the priviledges given by King Malcolm to Mackduff, with the benefits he enjoyed by virtue thereof, or the immuni ties, freedoms, and pardons indulged by, and conferred upon, that girth, if not in a complicated sense, all of these together. So then, allowing them to signifie sense, which few men in a sober charity can well refuse ; lets see (as far as we may) to what language the words are best reducible, for to any single one they cannot : for, albeit the termination, flexion, and construction, I take to be most after the Latine, and that there be some Latine words intermixed, yet none will aver it all to be Latine; so to some other language we must go, which is but one of two, our old High-land or Irish tongue, or the Saxon : And as I hardly think it the High-land or Irish, as well, because I never heard that brought under Roman termi nations, constructions, or declinations ; so even those that would wrest it to that language in some words, can not follow it out in all, although they be seen in the Irish tongue. And it is strange, none of our Highlanders, tho Scholars, ever interprets it; therefore I much ra ther incline to deduce it (at least most of it) from the Saxon, which I hope will not seem strange to the intelli gent, when he remembers what footing the Saxons had in this isle, and how Malcome Canmore was not onely long an exile at an English Saxon Court, but that he had 261 interest in Northumberland, Cumberland, and Westmor land, which was but sometimes a province of the West Saxons. And as there came 10000 English Saxons then in with Sibardus, the kings grand-father, so they must be but novices in our language, who do not find vestiges of the Saxon in it almost every where. Taking then this inscription to be Saxon (as to the main) aped in a Latine dress, as to the main, I say, for suppose some words might savour of a Danish, or old French extract, it needs not import, since both are of a Teutonick origine, aped, I say, in a Latine dress, whether from the fancie of the au- thour, to make it to run the smoother with the interlaced Latine in this his hexametrall composure, or from some inclination of King Malcome himself, of whom and of whose time, sayeth a grave author, as now the English court by reason of the abundance of Normands therein, became most to speak French, so the Scotish court, because of the queen and many English that came with her, began to speak English, I understand the English Saxon, the which language it would seem. King Malcome himself had before that learned, and- now by reason of his queen, did the more affect it ; thus far he, where, if I might be allowed a conjecture, perhaps this sanctuary was granted at that pious queen's intreaty, and here inscribed with her native tongue for her greater honour, and the rather under a Latine vizorn, to invite the Scots (of no language more studious then Latine) to some love and knowledge of the Saxon, And so let us now with allowance, to rectifie what escapes may be in the ortho graphy, modestly examine the words themselves ; but lest I be thought to be too peremptory to impose my naked conjectures, in a matter of such antiquity, I shall bring my vouchers where I have them, with the probable mo- 262 tives that prevail with me to such a sense, still leaving a just liberty to all who can find out better. First then (as the words ly in order), I take Maldra- RADEUM to be a supposititious genitive, in the plural num ber after the Greek way, from Maldra, Maldrus, the German Maldar, pro modio seu certa mensura frumenta- ria : and Spelraan sayes, Maldri vocabulum est Alemani- cum ; and have we not to this day with us the word Mel der and a melder of corn, and this genitive Maldraradrum I construe with dkagos, conjoined with its Latine adjec tive Largos, and this Dragos I suppose denizon'd a Ro man from DRACH or drache of the Greek S^ayficc manipu- lus S^eta-a-u prehendo, manu arripio, Fut. 2. Sgaya, from which belike we have the words draught (as applyed to cups and fish-netts) drag, draw, so that largos, dragos-, MALDRARADRUM, may signifie large quantities or mea sures of corn, to be taken by some compulsive or distrein- ziable force, as will I hope anon be found agreeable with the rest of the sentence, Malairia, I fancie here by wrong orthography mis- written for MAIRIA, Officium majoris, majorafus, praefec- tura, sayes Spelman, (sufficiently known in the burrowes royal :) And does not our Skeen, in his 13 chap, of the Statutes of Alexander the Second, call the Earl of Fyfe, Marus Regis Comitatus de Fyfe, (whereof more anon) Mairia, I take to be in the ablative case, for we must not here be tyed to the strict rules of metrical quantities, or grammatical constructions. Largia, mis-written I suppose for Lagslita, or Lagh- SLiTA, by inadvertency or transposing of the Saxon letters; yea, and the Saxons sometimes in their capitals, plac'd letters within letters, and were somewhat odd in their contractions and abbreviations, especially in monumental 268 mscriptions ; Lagslita, Transgressio Legis, Legis violatae poena, proprie ruptio legis, seu mulda pro transgressione legis, Lar d Lagh, Lex, d Slit, rupta. Vox Danica, d in Anglo Danorum Legibus primum deprehensa, sayes Spelman : But what needs me cite Spelman, have we not the phrase, Mk land has its laugh, and is not the word Slit, as obvious as beneficial to every Taylor : Lagslita, I take to be in the accusative case, which must be supplied with the preposition propter, and yet for all this the sentence is but mank without the help of a verbe, which must be borrowed in knifpite, written belike for knighthite, by placing the Roman p for the Saxon th, which yet may be excused, since Spelman finds that fault in the tran scriber of Canutus Laws, upon the word Thegen, or Pe- gen. Knighthite then, or Knippite, being a supposititious verb, (for I know not the Saxon constructions or conjuga tions) after the Latine form, from the Saxon knight, or KN-jfT, signifying famulus minister, may import as much as. Receive ye as my servant or deputie, and being joy ned with Mairia, as my lieutenant (for so is yet a Maire within burgh), so that famulus minister in this word here must be honourable, and ^ai' i%a-j(,vi, as it is in Theini, Theigni, Thani, who from Thien to serve, were but famuli ministri, and yet were \}a.ose famuli regni barones, as Spelman notes. And thus the sentence may be ex pounded. Receive for your service as my lieutenant, and through and by virtue of your office of lieutenantry, uplift and distreinzy large quantities and measures of corn, for the transgressions and breach of the laws ; and why then should Skeen terme that barbarous, who himself homo- logats the same sense in another language, in that his above-cited chapter of king Alexander the Second, in tituled, De Forisfacturis levandis ab illis qui remanent ah exercitu, where in the marginal gloss upon the 264 4 para, speaking of the Earl of Fyfe, his words are :- Et ille non sicut comes, sed sicut Marus Regis Comitatus de Fyfe, ad rectitudines suas exigendas -. and does he not again, in his De Verborum significatione, in the word ClanmackdufF, say out of Boetius, that amongst other priviledges, Mackduff and his clan had the priviledge and right of a regality ; yea, and does not the learned Spel man say, what was Gildwite to the English Saxons, was Laghslite to the .Danes, and hoih. forisfadura to the Normans (amerciaments with us), where may be no ticed the judicious exactness of the composer, in his pre fixing the general word Laghslita, to be amerciat by victual or corn : For Laghslitae, sayes one, anumerandae sunt mediis et levioribus delictis, quorum mulctae pietatis intuitu, et per misericordiam imponuntur. Nee graviora crimina, sayes another, inter Laghslitas simplices numerata aut levia, quaeque instar graviorum mulctata quisquam opinabitur. And so how methodically does here our old versificator proceed to faults and crimes of greater guilt, and more special denomina tion, yet for a while still under the conduct of Knippite. Sive gnaros spalando spados, I conjecture to sig nifie, whether such as are known cunning, or accustomed to want, or put away their weapons of warfare : the two first words being Latine, I hope will not be refused ; the construction of spalando, I take to be a gerund for an infini tive, gnaros spalare, a counterfeit conjugation, from an old French word, espaler, to scatter, cast away, or spread abroad. Spados, from espade or espadon, in the same language, a sword, and by a metonymy, for any weapon. Neither needs it be strange that these words are borrow ed from the old French, which did depend upon the Teutonick and High German, as the modern does now more upon the Latine; and that wanting and away- putting of weapons of warfare were with us reputed crimes, 265 and punished as such, see Skeen himself, in the 27 chap, of the first statutes of King Robert the Bruce, de armaturis pro guerra et poena eorurn quo eas non habent ; winch is there said to be forfaulture, or escheate of all his goods, and in the last chap, of the same statutes, enti tuled, Non licetrendere arma hostibus regni : The punishment is loss of life and limb, and all that they can tyne to the king, which must be goods. And it were but frivolous to alledge that these statutes are long after the upsetting of Mackduffs-cross : For, how many things are punishable by the common law and practick of the kingdom, before they become statutorie : And does not their coming under a statute, imply a prior custom ? Yea, and who knows, but that after such a catastrophe as was at, and before, the Bruces coming to the crown, they might be rather but revived, than original. And have not our subsequent laws for weapon-shawings been founded upon thir cus toms, to prevent such inconveniences for the future ? Sive nig, and here we must return again to the Saxon NIG, for NiGHWiTE, the syllable wite, mulcta poena, being left out, which is some time ordinarie (our ancestors delight ing much in monosyllables), and the rather allowable in this metrical composure, nig or nigh contracted from NiTHiNG, nidling or NiDERLiNG ; sucli as Stay away from the host : For, sayes not Malmesberiensis, Jubet (scilicet rex) ut compatriotas advocent ad obsidionem venire, nisi siqui velint sub nomine Niderling, quod nequam sonat remanere, Angli qui nihil miserius putarent quam hujusce vocabidi dedecore aduri catervaiim ad regem, confluunt et invincibilem exercitum Jaciunt. And sayes not Matthew Paris, TJt ad obsidionem veniant jubet nisi velint sub nomine Nithing, recenseri, Angli qui nihil contumeliosius et villus estimant, quam hujusmodi igno - minioso vocabulo, 8(c. And does not Spelman deduce Nid ling, a vocabulis Anglo Normanicis, Nid, id est, nidus et Ling 266 pullus, ac si ignavi isti homines, qui in exercitum proficisci nolunl pullorum instar essent, qui de nido non audeant prodire domi latitantes et torpescentes. And have we not the above cited 15 chap, of our Alexander the Second, entituled, De Jorisjacturis levandis ab illis qui remanent ab exercitu regis, where the Earl of Fyfes priviledge is expresly reserved to him, qua marus regis ad rectitudines suas exigendas; and what be the pains and punishments of such as stay from, or desert the kings host, are they not sufficiently known, and freshly remembred by us to this day ? Fig for eigwite, figwita, or fyghtwita, the mulct of such as by fighting raises a fray, trouble, or disturbance in the host, or perhaps more generally, midcta rixarum cum verberibus, vel ipsae pugnae ; and Ranulphus Cistrensis calls Fyhtwite, amerciamentum pro confiictu. And have we not a severe certification in a subsequent statute against such as raises a fray in the host, 54 act, 12 par. Ja. 2d, And is not the word fight yet plain with us ? LoREA by wrong orthographic, pro lothea (I suppose) from the Saxon hloth, hlode, the Saxon aspiration being left out in the transcribing, as is ordinarj', the Saxons having a peculiar way of fixing aspirations on their consonants, by ingrossing them with the same figure as the Greeks in their ;nor possessions^ 340 so far as lieth in us. And if any person would take any of the said earls, lords, barons, gentlemen, freeholders, merchants, or craftsmen, for enterprizing and assisting with us for the atchieving of our purpose, because it may chance to be done in presence of the queen's majesty, or within her palace of Holyrood -house, we by the word of a prince shall accept and take the same on us now as then, and. then as now; and shall warrant and keep harmless the foresaid earls, lords, barons, free- holders, gentlemen, merchants and craftsmen, at our utter power. In witness whereof we have subscribed this with our own hand at Edinburg, the 1st of March 1565. Upon Saturday the 9th day of March, as is conform to the king's ordenance and device, the said Earl Mor ton, Lords Ruthen and Lindsey, having their men and friends in readiness, abiding for the king's advertisement ; the king having supped, and the sooner for that cause, and the queen's majesty being in her cabinet within her inner chamber at the supper, the king sent to the said earl and lords, and their complices ; and desired them to make haste and come into the palace, for he should liave the door of the privy passage open, and should be speaking with the queen before their coming, conform to his device rehearsed before. Then the said Earl of Morton, Lord Ruthen and Lord Lindsey, with their complices, passed up to tlie queen's utter chamber ; and the said Lord Ruthen passed in through the king's cham ber, and up through the privy way to the queen's cham ber, as the king had learned him, and through the cham ber to the cabinet, where he found the queen's majesty sitting at her supper at the middes of a little table, the Lady Argile sitting at one end, and Davie at the head of the table with liis cap on his head, the king speaking 341 with the queen's majesty, and his hand about her waste. The said Lord Ruthen at his coming in said to the queen's majesty. It would please your majesty to let yon der man Davie come forth of your presence, for he hath been over-long here. Her majesty answered, What offence hath he made ? "The said lord replied again, that he had made great offence to her majesty's honour, the king her husband, the nobility and commonweal of the realm. And how ? saith she. It will please your majesty, said the said lord, he hath offended your majesty's ho nour, which I dare not be so bold to speak of: As to the king your husband's honour, he hath hindred him of the crown matrimonial, which your grace promised him, be sides many other things which are not necessary to be expressed. And as to the nobility, he hath caused your majesty to banish a great part, and most chief thereof, and forefault them at this present parliament, that h^ might be made a lord. And as to your commonweal, he hath been a common destroyer thereof, in so far as he suffered not your majesty to grant or give any thing but that which passed through his hands, by taking of bribes and goods for the same ; and caused your majesty to put out the Lord Ross from his whole lands, because he would not give over the lordship of Melvin to the said Davie ; besides many other inconveniences that he soUi- cited your majesty to do. Then the said Lord Ruthen said to the king. Sir, take the queen's majesty your sove reign and wife to you, who stood all amazed, and wyst not what to do. Then her majesty rose on her feet and stood before Davie, he holding her majesty by the plates of the gown, leaning back over in the window, his whi- niard drawn in his hand. Arthur Erskin and the abbot of Holyroodhouse, the laird of Crech, master of the household, with the French apothecary, and one of the 342 grooms of the chamber, began to lay hands upon the said Lord Ruthen, none of the king's party being present. Then the said lord pulled out his whiniard, and freed himself while more came in, and said to them, Lay not hands on me, for I will not be handled ; and at the in coming of others into the cabinet, the said Lord Ruthen put up his whiniard. And with the rushing in of men the board fell to the wallwards, with meat and candles being thereon ; and the Lady of Argile took up one of the candles in her hand : and in the same instant the said Lord Ruthen took the queen in his arms, and put her into the king^ arms, beseeching her majesty not to be afraid, for there was no man there that would do her majesty's body more harm than their own hearts; and assured her majesty, all that was done was the king's own deed and action. Then the remanent gentlemen being in the cabinet, took Davie out of the window ; and after that they had him out in the queen's chamber, the said Lord Ruthen followed, and bad take him down the privy way to the king's chamber ; and the said lord return'd to the cabinet again, believing that the said Davie had been had down to the king's chamber, as said is ; but the press of the people hurl'd him forth to the utter chamber, where there was a great number standing, who were so vehe mently moved against the said Davie, that they could not abide any longer, but slew him at the queen's far door in the utter chamber. Immediately the Eail of Morton passed forth of the queen's majesty's utter chamber to the inner court, for keeping of the same and the gates, and deputed certain barons to keep Davie's chamber till he knew the queen's majesty's pleasure, and the king's. Shortly after their majesties send the Lord Lindsey and Arthur Erskin to the said Earl of Morton to pass to David's chamber, to fetch a black coffer with writings and cyphers, which the 343 said Earl of Morton delivered to them, and gave the chamber in keeping to John Simple, son to the Lord Simple, with the whole goods there, gold, silver, and ap parel being therein. In this mean time the queen's ma jesty and the king came forth of the cabinet to the queen's chamber, where her majesty began to reason with the king, saying, my lord, why have you caused to do this wicked deed to me, considering I took you from a base estate, and made you my husband ? what offence have I made you that ye should have done me such shame ? The king answered and said, I have good reason for me; for since yon fellow Davie fell in credit and familiarity with your majesty, ye regarded me not, neither treated me nor entertained me after your wonted fashion ; for every day before dinner, and after dinner, ye would come to my chamber and pass time with me, and thus long time ye have not done so ; and when I come to your majesty's chamber, ye bear me little company, except Davie had been the third marrow : and after supper your majesty hath a use to set at the cards with the said Davie till one or two of the clock after midnight ; and this is the enter tainment that I have had of you this long time. Her ma jesty's answer was. It was not gentlewomens duty to come to their husbands chamber, but rather the husband to come to the wive's chamber, if he had any thing to do with her. The king answered. How came ye to my chamber at the beginning, and ever, till within these few months that Davie fell in familiarity with you ? or am I failed in any sort of my body ? or what disdain have you at me ? or what offence have I made you, that you should not use me at all time alike ? seeing that I am willing to do all things that becometh a good husband to do to his wife. For since you have chose me to be your husband suppose I be of the baser degree, yet I am your head, 344 and ye promised obedience at the day of our marriage, and that I should be equal with you, and participant in all things. I suppose you have used me otherwise by the perswasions of Davie. Her majesty answered and said, that all the shame that was done to her, that my lord ye have the weight thereof; for the which I shall never be your wife, nor lie with you ; nor shall never like well, till I gar you have as sore a heart as I have presently. Then the Lord Ruthen made answer, and besought her majesty to be of good comfort, and to treat her self and the king her husband, and to use the counsel of the nobility, and he was assured her government should be as well guided as ever it was in any king's days. The said lord being so feebled with his sickness, and wearied with his travel, that he desired her majesty's pardon to sit down upon a coffer, and called for a drink for God's sake ; so a French man brought him a cup of wine, and after that he had drunken, the queen's majesty began to rail against the said lord : Is this your sickness, Lord Ruthen ? The said lord answered, God forbid that your majesty had such a sickness ; for I had rather give all the moveable goods that I have. Then, said her majesty, if she died, or her barn, or common-weal perished, she should leave the revenge thereof to her friends, to revenge the same upon the said Lord Ruthen and his posterity; for she had the King of Spain her great friend, the Emperor likewise, and the King of France her good brother, the Cardinal of Lorrain, and her Unkels in France, besides the Pope's Holiness, with many other Princes in Italy. The said lord answered that these noble princes were over-great personages to meddle with such a poor man as he was, being her majesty's own subject : and where her m^esty said, that if either she, her barn, or the common weal perished, the said Lord Ruthen should have the S45 weight thereof; the said lord answered, that if any of the three perished, her majesty's self and her particular coun sel should have the weight thereof, and should be accu sed as weU before God as the world : for there was no man there within that pakce, but they that would honour and serve her majesty, as becometh true subjects; and would suffer no manner harm to be done to her majesty's body than to their own hearts ; and if any thing be done this night that your majesty misUkes, charge the king your husband, and none of us your subjects ; which the king confessed was of verity. In the same instant one came knocking fast at the queen's chamber door, declaring that the Earls Huntly, Athol, Bothwel, Cathness, and Suther land, with the Lords Fleming, Levingstone, secretary, TUlibarn the comptroller, and Laird of Grant, with their own servants and officers of the palace, were fighting in the close against the Earl of Morton and his company, being on the king's party. The king hearing the same, would have gone down, and the Lord Ruthen staid him, and desired him to intreat the queen's majesty, and he would go down and take order amongst them. So the said lord passed to the close, born under the arm ; and before his coining the officers were dwong into their houses; and the lords were holden in at the gallery door by the Earl of Morton and others being with him, and were constrain ed to pass up to the gallery and to their chambers. So the said Lord Ruthen passed up to the Earl Bothwell's chamber, where he found the Earls of Huntley, Suther land, Cathness, the Laird of Grant, and divers others, to whom he shewed that the whole proceeding that was done that night, was done and invented by the king's majesty's own devise, like as his hand written was to shew thereupon ; and how he had sent for the lords that were banished in England and Argyle, who would be 346, there before day : And because theie was some enmity unreconciled betwixt the Earls of Huntly and Bothwell, and the Earls of Argyle and Murray, and their colleagues, the said lords promised in their names, that it should be mended at the sight of two or three of the nobility, they doing such like to them ; whereupon the said Earls of Huntley and Bothwell gave the Lord Ruthen their hands, and received his for th' other part : and after they had drunken, the said Lord Ruthen took his leave of them, and passed to the Earl of Athol's chamber, accompanied with the Earls of Cathness, Sutherland, and the Laird of Grant; and found with the said earl the comptroller, secretary, Mr. James Balfour, and divers others : and because of the familiarity and kindness betwixt the Earl of Athol and the Lord Ruthen, the said earl began to be angry with the said lord, for that he would not shew him what enterprise soever that he had to do; whose answer was, that it was the king's action and the king's devise, and that none of them had further medling therewith than the king had commanded, like as his hand written did testify. Yet the said earl enquired further upon the said Lord Ruthen, why he would not let him wit thereof: the said lord answered, it was the king's secret ; and feared if he had given knowledg thereof, he would have revealed it to the queen's majesty, which might have been a hin drance of the purpose, and caused the king have holden me an unhonest man for my part. The said earl perceiving that all that was done was the king's own deed, desired the said Lord Ruthen to pass to the king, and get him leave to pass to his country, and so many as were presently in the chamber with him. In this mean time the Earls of Both- well and Huntly taking a fear of the other lords returning. out of England and Argyle, and because they were hard ly imprisoned before, thought it better to escape too dian 347 to remain ; so they went out at a low window, and passed their ways. In the mean time while the Lord Ruthen was with the Earl of Athol, the king declared to the queen's majesty, tliat he had sent for the lords to return again ; whereunto she answered, she was not in the blame that they were so long away : for she could have been content to have brought them home at any time, had not been for angering the king; and to verify the same, when her majesty gave a remission to the duke, the king was very miscontent therewith : whereto the king answered, that it was true that the king was miscontented then, but now he was content, and doubted not but she would also be con tent to persevere in the good mind to them as she had done before. At the same time came the Provost of Edenburgh, and a great number of men of the town with him in arms to the utter court of the palace of Holyrood house, where the king called out of the window to them, commanding them to return to their houses, like as they did ; for he declared to them that the queen's inajesty and he were in good health. The Lord Ruthen being come up to the queen's chamber again, where the king was beside her, he shewed them that there was no hurt done, and that the lords and all others were merry, and no harm done. Then her majesty enquired what was become of Davie. The said Lord Ruthen answered, that he believed he was in the king's chamber ; for he thought it not good to shew her as he died, for fear of putting her majesty in greater trouble presently. Then the queen's majesty enquired of the said lord what great kindness was betwixt the Earl of Murray and him, that rather than he and the remanent should be forfaulted, that he would be forfault with them. Remember ye not, said she, what the Earl of Murray would have had me done to you for giving me the ring ? The said Lord Ru- 348 then answered, that he would bedr no quarrel for tliat cause, but would forgive hira and aU others for God's sake ; and as to that rmg, it had no more virtue than another, and was one little ring with a pointed diamond in it. Remember ye not, said her majesty, that ye said it had a virtue to keep me from poisoning ? yea, madam, (said he) I said so much that the rmg had that virtue, only to take that evU opinion out of your head of poison ing, which you conceived that the Protestants would have done ; which the said lord knew the contrary, that the Protestants would have done no more harm to your ma jesty's body than to their own hearts; but it was so imprinted in your majesty's mind, that it could not be taken away without a contrary impression. Then said her majesty to the said lord, what fault or offence have I made to be handled in this manner ? Inquire, said he, at the king your husband. Nay, said she, I wiU enquire of you : who answered, madam, it will please your majesty, ye well remember that ye have had this long time a few number of privy persons, and most special Davie, a stran ger Italian, who have guided and ruled you contrary the advice of your nobility and counsel, and especially against these noblemen that were banished. Her majesty an swered, were ye not one of my council ? what is the cause that ye should not have declared, if I had done any thing amiss against them that became me not ? The said lord answered, because your majesty would hear no such thing : for all the time that your majesty was in Glascow or Dumfrlese, let see if ever ye caused your council to sit, or to reason upon any thing, but did all things by your majesty's self and your privy persons, albeit the nobility bare the pains and expences. Well, said her majesty, ye find great fault with me, I will be contented to set down my crown before the Lords of the Articles; 349 and if they find I have offended, to give it where they please. Then answered the Lord Ruthen, and said, God forbid, madam, that your crown should be in such ha zard ; but yet, madam, who chose the Lords of the Arti cles ? Not I, said she. Saving your majesty's reverence, said the Lord Ruthen, ye chose them all in Seaton, and nominated them : and as for your majesty's council, it hath not been suffered to wait freely this long time, but behoved to say what was your pleasure. And as to the Lords of the Articles, your majesty chose such as would say whatsoever you thought expedient to the forfaulters of the lords banished : And now when the Lords of the Articles have sitten fourteen days reasoning on the sum mons of treason, have ye found a just head wherefore they ought to be forfaulted ? No, madam, not so much as one point, without false witness be brought in against them ; whereunto she gave no answer. The said Lord Ruthen perceiving that the queen's ma jesty was weary, he said to the king, sir, it is best ye take your leave at the queen's majesty, that she may take rest : So the kmg took his good-night and came forth of the queen's chamber, and we with him, and left none there but the ladies, gentlewomen, and the grooms of the queen's majesty's chamber. And so soon as the king came to his own chamber, the said Lord Ruthen declared the message he had from the Earl of Athol to the king, that he might have license to return home to Athol : which the king was loth to do without he gave him a band that he should be his. The Lord Ruthen answered, that he was a true man of his promise, and would keep the thing he said, as well as others would do their hand writing and seal. Then the king desired the said Lord Ruthen to fetch the Earl of Athol to him ; which he did; And after the king and Earl of Athol had talked toge- 350 ther, he desired the said earl to be ready to come when soever he should send for him. His answer was, that whensoever it pleased the queen's grace and him to send for him, that he would come gladly : And the said earl desired the king that he might speak with the queen's majesty, which the king refused. And then the said earl took his good night, and passed to his chamber, and the Lord Ruthen with him, where he made him ready and his company to pass forth, like as they did ; and in his company were the Earls of Sutherland and Cathness, the Master of Cathness, the secretary, and controler, Mr. James Balfour, the Laird of Grant, with divers others. Immediately the king directed two writings, subscribed with his hand on Saturday after the slaughter of Davie, to certain men of Edenburg bearing office for the time, charging them to convene men in arms, and make watch within the town upon the calsay ; and to suffer none others to be seen out of their houses, except Pjotestants, under all highest pain and charge that after may follow. And on the morrow after, which was Sunday the 10th of March, the king directed a letter, subscribed with his hand, making mention that it was not his wiU that the parliament should hold, for divers causes, but discharged the same by the tenor thereof: And therefore command ed all prelats, earls, lords, barons, commissioners, and barrowis, and others that are warned to the said parlia ment, to depart fiom Edenburg within three hours next after that charge, under the pain of life, lands, and goods, except so many as the king by his special command caused to remain ; which letter was openly proclaimed at tlie Market-Cross, and fully obeyed. The gates being locked, the king being in his bed, the queen's majesty walking in her chamber, the said Lord Ruthen took air upon the lower gate, and the privy passages : and at the 351 king's command, in the mean time, Davie was hurled down the steps of the stairs from the place where he was slain, and brought to the porter's lodg ; where the por ter's servant taking off his clothes, said, This hath been his destiny ; for upon this chest was his first bed when he entred into this place, and now here he lieth again, a very ingrate and misknowing knave. The king's whi niard was found sticking in Davie's side after he was dead ; but always the queen inquired of the king where his whiniard was ? who answered, that he wit not well : Well, said she, it will be known afterwards. On the niorrow, which was Sunday, March 10, the king rose at eight of the clock, and passed to the queen's majesty's chamber, where he and she fell to reasoning of the matter proceeded the night afore, the one grating on the other till it was ten o'clock, that the king came down to his chamber ; and at his coming from her, she desired him to let all the ladies and gentlewomen come unto her ; which the king granted, and at his coming down shewed the same to the Earl of Morton and Lord Ruthen, who were not contented with the same ; and shewed the king, that they feared that the queen's majesty would traffick by them with the lords, and all other that would do for her, like as it followed indeed : For instantly her majesty wrote some writing, and caused them to write others in her name to the Earls of Argile, Huntly, Bothwel, Athol, and others. After that the king had dined, on Sunday he passed up to the queen's majesty's chamber, where the queen made as she would have parted with barn, and caused the midwife come and say the same. So her majesty complained that she could get none of the gentlewomen to come up to her, Scots nor French. The king sending this word to the Earl of Morton and Lord Ruthen, all were let in that pleased. At the same time 352 the queen's majesty thought that the Lord Ruthen would do her body harm, and sent John Simple, son to the Lord Simple, to the said Lord Ruthen, to enquire what her ma jesty might lippen unto in that behalf: Whose answer was, that he would no more harm to her body than to his own heart ; if any man intended to do otherwise, he should de fend her majesty's body at the uttermost of his power. And further the said lord said, her majesty had experience of his mind in that night's proceeding, when he suffered none come near her majesty to molest and trouble her. The said John Simple brought this message to the said Lord Ruthen at two of the clock afternoon, on Sunday, sitting then in the king's utter chamber at his dinner. At four of the clock the king came down to his chamber, where the Lord Ruthen shewed him that the queen's majesty was to steal out among the throng of the gentlewomen in their downcoming, as he said he was advertised. So the king commanded him to give attendance tliereto ; which he did, and put certain to the door, and let no body nor gentlewoman pass forth undismuffled After, about seven or eight of the clock, the Earls of Murrey and Rothes, with their complices, came out of England, and lighted at the abbey, and were thankfiilly received of the king ; and after certain communing, the Earl of Murrey took his good-night of the king, and passed to the Earl of Morton's house to supper. Im mediately thereafter, the queen's majesty sent one of her ushers, called Robert Phirsell, for the said Earl of Mur rey ; who passed to her majesty, whom she received plea santly, as appeared ; and after communing, he passed to the Earl of Morton's house again, where he remamed that night. At this time the king remained communing with the queen's majesty, and after long reasoning with her, she granted to lie with him all night, he coming to her chara- 353 ber, and putting all men out of his utter chamber, except the waiters of his chamber, and made a complaint that her gentlewomen could not go forth at the door undismufl3ed at the king's coming down. He shewed the said Earl erf" Morton, and Lord Ruthen, the whole manner of his pro ceedings with the queen's majesty ; which they liked no way, because they perceived the king grew effeminate agaui; and said to him, we see no other but ye ai-e able to do that thing that will gar you and us both repent. Always he would have the said earl and lord to rid all the house, conform to the queen's majesty's desire ; which they did, and the said Lord Ruthen passed and lay in the king's wardrobe: and after he was lien down, George Douglass came to him, and shewed him that the king was fallen asleep. The said lord caused George to go to wake the king ; and after that he had gone in twice or thrice, finding him sleeping so sound, he would not awake him. Thereat the said lord was very miscontented ; the king slept still till six in the morning, that the Lord Ruthen came and reproved him, that he had not kept his promise to the queen's majesty, in lying with her all that night. His answer was, that he was fallen on such a dead sleep that he could not awaken ; and put the blame to Williain Tellor one of his servants that permitted him to sleep. But always, said he, I will take my night-gown and go up to the queen. The said Lord Ruthen answered and said, I trust she shall serve you in the morning as you did her at night. Always the king passed up, being Monday the 11th of March at six of the clock, to her majesty's cham ber, and sat down on the bedside, she being sleeping, or at least made her self so, and sat there by the space of one hour e're she spake word to him. Then when her majesty waked, she enquired of the king, why he came not up yesterday night conform to his promise ? he answered, he 354 fell in so dead a sleep, that he awaked not afore six. Now, saith he, am I come, and offered to lie down beside her majesty ; but she would not suffer him, for she Was sick, and said, she would rise incontinent. Then the king fell in reasoning with her majesty towards the return ing of the said lords that were banished, and forgiving of them all offences, and likewise for the slaughter of Davie : and as appeared to him her majesty was content ; for the king came down to his own chamber at eight of the clock very merrily, and shewed the said Earl of Mor ton and Lord Ruthen, the proceedings betwixt him and the queen's majesty : who answered him, and said, aU was but words that they heard. For look how ye intend to perswade her majesty ; we fear she will perswade you to follow her will and desire, by reason she hath been trained up from her youth in the court of France, as well in the affairs of France as Scotland, in the privy council. Well, said the king, will ye let me alone, and I will warrant to dress all things weU, And after that the king had put on his clothes, he passed at nine to the queen's chamber, where he reasoned of many thmgs with her majesty : And at his returning to his dinner at eleven, he declared to the Earls of Murrey and Morton, Lords Ruthen and Lindsay, that he had dressed the queen's majesty ; that the said two earls, and Lord Ruthen, should come to the presence of the queen's majesty, and she would forgive, and put in oblivion all things by-past, and bury them out of her majesty's mind, as they had never been. The said earls and lords answer'd, that all that speaking was but policy ; and suppose it were promised, little or nothing would be kept. Always the king took freely in hand, and bad them make such security as they pleased, and the queen's majesty and he should subscribe the same. And then after dinner the king passed up again to the 3.i.> queen's chamber, where the midwiti; was made to come to him, and said, that the queen would not fail to part with barn, if her majesty went not to some other place where there were more freer air; and in like manner divers of the loixls said the same. And the king return ing to his chamber at three afternoon, declared the same to the said eads and Lord Ruthen: And, in the mean time, in came the French doctor, who declared to the king, that it was unable to the queen's majesty to eschew a fever ; which, if she take, slie will not fail to part with barn, without she were transported from that place to some better aired place. After they were departed, the king inquired of the said earls and lords, what they thought of their speaking ? who answered, they feared all was but craft and policy that was spoken and done. Al ways the king woidd not trow the same, and said, that she was a true princess, and that thing she promis ed, he would set his life for the same. And between four and five afternoon, the king passed to the queen's chamber, and took the Earls of Morton, Murrey, and Lord Ruthen with him ; and after they had come to the queen's utter chamber, the king went in and left the lords, to know her pleasure, whether her inajesty would come out of her utter chamber, or if the lords should come into her majesty. She took purpose, and came out cf the utter chamber, led by the king ; the said earls and lords sitting down upon their knees, made their general oration by the Earl of Morton, chancellor, and after, their parti cular orations by themselves. And after that her majesty had heard all, her answer was, that it was not unknown to the lords, that she was never blood-thirsty, nor greedy upon their lands and goods, sithence her coming into Scotland ; nor yet would be upon theirs that were pre sent, but would remit the whole number that was ba- 350 nished, or were at the last dead ; and bury and put all things in oblivion as if they had never been; and so caused the said earls; lords, and barons, to arise on their feet. And afterwards her majesty desired them to make their own security in that sort they pleased best, and she should subscribe the same. Thereafter, her majesty took the king by the one hand, and the Earl of Murrey by the other, and walked in her said utter chamber the space of one hour ; and then her majesty passed into her inner chamber, where she and the kmg appointed, that aU they that were on the king's party, should go forth of the place after supper. The king coming down to his chamber afore six of the clock, the articles which were the security that were on the king's partyj were given by the Earls of Murrey and Morton, and Lords Ruthen and Lindsey, to the king, to be subscribed by the queen, which the king took in hand, so soon as he had supped, to be done ; and he desired the said lords to remove themselves out of the palace, to that effect, that her majesty's guard and ser vants might order all as they pleased. The lords answer was to the king, You may well cause us to do that thing that is your pleasure, but it is sore against our wills; for we fear all this is but deceit that is meant towards us, and that the queen's majesty will pass away secretly, and take you with her, either to the Castle of Edenburg, or else Dunbar. And here the Lord Ruthen protested, that what end followed thereupon, or what blood was shed for the same, that it should come upon the king's head and posterity, and nought upon theirs. The king said, he should warrant all. So they departed and took their leave of the king, and passed all forth of the palace of Holyroodhouse to the Earl of Morton's house, where they supped ; and after supper directed Mr. Archibald Douglas fo the khig, to see if the queen's 357 majesty had subscribed the articles of the lords and barons security. The king gave answer, that he had let the queen's majesty see them, who found them very good ; and because she was sick and going to her bed, she delayed the subscribing of them to the morning; and immediately after Mr, Archibald returned to the lords with answer. The Laird of Traquair, master of the guard, made an arrant to the Earl of Murrey, to see what the lords were doing, and after he was departed, the whole earls, lords, and barons, with gentlemen, pa.ssed to the town of Edinburgh to their beds, believing surely the queen's majesty's promise, and the king's. The same night, about one a clock after midnight, the queen's majesty, and the king with her, went out at one back-door that passed through the wine-cellar; where Arthur Erskin the captain of the guard, and other six or seven persons, met her majesty with her horses, and rode toward Dunbar ; and on the morrow, which was Tues day, the 12th of March, the lords hearing how the queen's majesty was departed, and taken the king with her, con vened the earls, lords, barons, and gentlemen, and after the matter was appointed, enquired every man's opinion, which concluded all to remain in the town of Edinburgh, till such time they might send some noblemen to her majesty, for performance of the articles promised for their security ; and to that effect sent for the Lord Simple, and desired him that he would pass to Dunbar with a writing of the lords, which he granted to do, and received the same, with a copy of the articles that the king received before, and promised to do his utter diligence to get the same immediately sped, if it were the king and queen's majesties pleasure so to do. After the Lord Simple's coming to Dunbar, having presented the lords writing to their majesties, he was evil taken with the queen's ma- 358 Jesty, who caus'd him to remain three days ; he reported at his returning, that there was no good way to be looked for there, but extremity to the earls, lords, and gentle men, who had been at the slaughter of David, notwith standing her majesty's promise made before. At that time her majesty being in Dunbar, wrote to aU earis, lords, barons, to meet her in Haddington town, the 17th or 18th of March, and likewise directed universal letters, charging all manner of men, betwixt sixty and sixteen, to be there, day and place aforesaid, being in arms in fear of war ; and also sent divers charges to the Lord Eskin, captain of the Castle of Edenburgh, to shut up the town, unless the lords departed out of it. In this time it was declared to the Earl of Murrey, that if he would sue address to the queen's majesty, he would obtain the same, who shewed the same to the lords, who counselled him to write to her majesty to that effect ; which he did, and received her majesty's answer, with certain articles. In this time the Earl of Glencarn and Rothes took their appointment of the queen's majesty. The Earl of Mor ton, Lord Ruthen, and remanent their comphces, per ceiving that the queen's majesty was wiUing to remit the lords banished into England and Argyle, and bare her majesty's whole rage against tliem that were with the king at the slaughter of Davie, thought best to retire themselves into England under the queen's majesty of Eng land's protection, till such time as the nobility of Scotland their peers understood their cause : for they have done nothing without the king's command, as is before men tioned, and doubt not but their cause shall be found just .ind lionest whensoever the same be tried ; and lament the extreani handling contrary to order and justice, that they may not compear for fear of their lives ; in respect that her majesty hath caused a band to be made, and all 359 earls, lords, and barons that resorted to her majesty, to subscribe the same, that they shall pursue the said Earl Morton, Lord Ruthen, and Lindsay, and their com phces, with fire and sword ; which is against all order of ' thelaw : And on Saturday the 22d of March her majesty hath caused to be summoned the said Earl of Morton, Lords Ruthen and Lindsay, the Master of Ruthven, Lairds of Ormyston, Brinston, Halton, Elvelston, Calder, Andrew Carr of Faldomside, Alexander Ruthen, brother to the Lord Ruthen, Patrick Murray of Tippermure, William Douglas of Whittingham, Mr. Archibald Douglas his brother, George Douglas, Lyndzay of Pry- stone, Thomas Scotof Cambysmichet, of Perth, William Douglas of Lochleven, James Jeffert of Shreffal, Adam Eskin, commendator of Camskinnel, Mentershfear of Kars, Patrick Ballenden of Stenehouse, brother to Justice Clerk, Patrick Wood of Conyton, Mr. James Magll, Clerk of Registers, with others, to compear " before her majesty and secret council within six days, under the pain of rebellion, and putting them to her horn, and eschetting and bringing of all their moveables goods, the which like order is not used in no realm chris tened ; nor is it the law of Scotland of old ; but new cropen in, and invented by them that understand no law, nor yet good practise : and how her majesty hath handled the barons of Lothian our brothers, it is known ; and in likewise our poor brethren of Edinburgh, merchants and craftsmen, and how they are oppressed by the men of war God knoweth, who will put remedy hereto when it pleaseth him best : and how the lords and barons wives are oppressed in spoiling of their places, robbing of their goods without any fine for the same, it would pity a godly heart. And where her majesty alledgeth, that night that Davie was slain some held pistol's to her majesty's womb. 360 some stroke whiniards so near her crag, that she felt the coldness of the iron, with many other such like sayings, which we take God to record was never meant nor done ; for the said Davie receiv'd never a stroke in her majesty's presence, nor was not stricken till he was at the farthest door of her majesty's utter chamber, as is before rehearsed. Her majesty makes all these allegations to draw the said Earl Morton, Lords Ruthen and Lindsay, and their com plices, in greater hatred with other foreign princes, and with the nobility and commonalty of the realm, who have experience of the contrary, and know that there was no evil meant to her majesty's body. The eternal God who hath the rule of princes hearts in his hands, send her his Holy Spirit to instruct her how she should rule and go vern with clemency and mercy over her subjects. Wri- ten at Berwick,* day of March 1565, (sic in the orig. but the true date is 1566, n, s, vide infra.) • The 28th is inserted here ia Triphook's copy. The original edition con cludes with two pages (50 and 51) from Buchanan's History, fol. 211, lib. }7, which need not he copied here. [" This zeire, 1566, tlie 9 day of Marche, Dauid Risius. ane Italiane, secretarey to the Queine for the Frenche tounge, was forcibly drauen out of the parlor quher the Queine was at sup per, to ane vtter rourae, and stabbed by some noblemen, animat to that homicide by the King, the Queins husband ; his corpes was interred in the churchzaird of Holyrudhousse abbey. The Queine being grate with chyld, did all shoe could to liaue saned hislyfFe; zea, quhen strenth could not doe, shoe bitterly weipte, bot to no ende, he was so quickly dispatched." — Sfl//bKr'j( Historical Works, vol. i. /;. 331.] HISTORIE OF SCOTLAND, nirniNG the MINOUITY OF KING lAMES. WRITTEN IN LATINE BY ROBERT JOHNSTON. DONE INTO ENGLISH BY T. M. LONDON : PRINTED BY W. WILSON, FOR ABEL ROI'ER; AND ARE TO BE SOLD AT THE SUN AGAINST ST. DUNSTANS CHURCH IN FLEET STREET. 3G2 [Having given the original title to the following translation of those parts of tiie first two books of Robert Johnston's Hiatory, which treat of Scotish affairs, we may observe, that what we have reprinted forms a, small volume (24mo.) of 164- pages, besides the preliminary matter ; and we agree with Dr. Irving (in his " Lives of the Scotish Poets," vol. I, page 126,) that the initials of the translator's name probably denote Thomas Middleton, author of the Appendix to Spotswood'' s His tory. When the present translation was published, only the first two books of the original Latin had appeared ; these were printed at Amsterdam in 1642, (24mo.) In the title, we are told, " Sunt prater hos adhuc XX libri, qui Typographo nondum in manus venere.^' The complete work, in twenty-two books, forms a handsomeyb/io volume, also printed at Amsterdam, in 1655. — "Respecting Jolin- ston himself," says T)r, Irving, " very little is known. D&mpster informs us, that he was a favourite at the court of James the Sixth. His editor styles him, * vir bonus ac honestus ;^ and this simple character is preferable to the most elaborate encomium. He bequeathed a part of his books to the University of Edinburgh : but what T. M. has asserted with respect to his endowment of fellowships in the same university, is completely erroneous." Bishop Nicolson remarks, that Bu- ciianan's History was " continued in the same fine language, by Robert Johnston." Hume (in his Jirst edition) has bestowed upon our author the title of excellent historian, " at which Lord Hailes cavils, and, perhaps somewhat unjustly, taxes him with want of faith in not quoting his authorities ; a thing which could hardly have been expected of him, when writing so near the period of which he treats." We shall conclude this slight introductory notice, with the concise but discriminating critique from the pen of the learned and elegant author of " The Elements of General History," and other well known works. — *' Robert Johnston was author oi Historla Rerum Britannicaruvij ^c. ab anno 1572, ad annum 1628, Am- stel. 1655, a work of great merit, whether we consider the judicious structure of the narrative, the sagacity of the reflections, the acute discernment of characters, or the classical tincture of the style. In these passages of his History, where there is room for a display 'of eloquence, he is often singularly happy in touching those characteristic circumstances which present the picture strongly to the mind of the reader, without a vain parade of words, or arti6cial refinement of sentiment. We may cite as an example his description of the death of Mary Queen of Scots, Lib. IV. sub anno 1586 ; and the circumstances attending the death of Essex, with the author's reflections on that event, Lib. IX. sub anno 1601. A translation of this work, with notes, in tlie manner of commentary, would be a most acceptable pre sent to the public ; but it would require a writer of superior ability, and deeply read in the history of the times, to do justice to such au undertaking. Johnston was one of the executors of George Herriot, jeweller to King James M., the founder of the magnificent Hospital for the education of orphans at Edinburgh, which bears his name; and the historian informs us, that the endowment, splen did as it is, would have been greatly more so, si Reges (meaning James and Charles) cl Buckingumius obligala^n Jidem liberCissent.^^ — The late Lord Wood- howietee's Life of Lord Ka7nes, -Mo edit. vol. i. Appevdlr, page S.] 363 THE TRANSLATOR TO THE READEB. Ingenious Reader, this carping age, I know, expects an apology, though 1 have done nothing worthy thereof, yet lest 1 should in fringe the prescript of custome, (which parallel in prevalency with na ture), which is to premise something like apreludium to entertaine my reader, I must render those adamantine attractives wliich gave being to this metamorphosis. History (not to fall into common places thereof) is a more lasting pillar than that of Absolon ; for sure we had never heard of that pillar, had it not bin upheld by the sacred pillar : It perpetuates the memory in the leaves of eter nity, rescuing old age from the jawes of oblivion, adorning youth with gray haires of experience, so that we may well say, " Nos jam jam a pueris illu'o iiascimur scnes.'' Tills induced my eyes to wander amongst the tombs of our foi-e- fathers, where besides a catalogue of those rare vertues which enriched the celestial! sparkles, their souls, there was black epi- thites of vice, which more depressed others fame, then the marble did their bodies. The first, I supposed,, writ for invitation to imi tate, the second to stand like an index anchoralis, or sea-marke, lest posterity should collide upon the same rocke. But to draw my self into a lesser circle, finding the Histcry of Scotland to be a stranger unto us, of the same isle : especially that of our late King James, ivhose checkered fortune may run equipage with the most potentates. I fixed by the propitious diety, my eyes upon this production of Master Robert Johnstons, where having fed my memory with a sufficient banquet, I could do no lesse, being con scious, that omne bonum est diffusinum, then force him to leave his 364 exoticke, and appear in our own language, but dulcius ex ipso fonte bibunturaqua. Water is best at the spring head, I know it, and desire that such whose ingenuity can, will read hun in his owne character, as for others, give them leave to tast at second hand : but the author loseth his lustre, I confesse it, yet so farre as the propriety of our speech, and my weak intellect can reach, I will be carefull thereof; if some criticall grammarians thinke that I wander too far from home, pray let them know 1 am not reading a veiball translation, yet dare presume the sence of the author is no wayes invarted, and who knows not that we have Anghsismes as well as the Latine have their proprieties ; remember that sage and learned speech. " Nee verbum verbo reddere cures." For the Translation I say no more, then that it was the work of one, who could say in part with Seneca, Non "qaco somno, sed succumbo et oculos vigilia fatigatos, eadentesq; in dolore deti- neo.* If my pen seem sometime to play the wanton, know it was used in a liscencious time, and take but an inch where it might have an elL Thus I am ingenious in confession (and so no Anti- nomian) be as ingenious in remitting, so thou wilt be a true chris tian. The author, who hath paid nature her due, having no issue descended from his loynes, well knew the maxime libri sunt liberi, which caused him be so profuse in giving life to 22. books, a concatination of the memorable passages in this our Isle, and our neighbour of Ireland, with some exotickes from the year 1571, to the year 1629, two wherof only saw light, the rest running the same hazard which abortives doe, are involved in a Scotch mist. 1 have entirely transcribed the History of Scotland, so far as is extant, knowing that Master Cambden (who now speakes English) will supply the rest for our own nation, that the author had no other end than free hinieelfd from that tye, wherewith he stood • Sen. Ep. S. 365 engaged to his countrey, may appear in all his actions, an abbre viation whereof is writ in these, or the like characters, over Eden- borough Colledge gate : Master Robert Johnston, doctor qf the civill and canon law, expended upon this University eight fellowships, the dis bursements concerning which amounted to twelve thousand pounds i he enriched the Library with many volumes ; com manded John Jqffy to erect these foure chambers, and by his last will hee left 40000 pound to be distributed in pious uses for the city, with many other deeds qf his bountiful minde, he left them as eternal monuments qf his piety in the year qf our Lord 1639. If my infant'quill shall faile in its enterprize, and by blotting these few sheets, blot the author's candor, and perspicuity : let me de sire thee, by that which is the desires of thy soule, to take off those imputations ft-om the author by a metamorphosis of thy owne ; thus I shall be pei-petually engaged to thee in condiscend- ding to my poore requests, and the world to me, in that I have engaged thy quill. " Carpcrc vel noli nostra, vel cde tua." — Mart. Thine, if favorable, T. M. 366 THE AUTHOR TO THE READER. If I who have taken upon me to handle, and let posterity know those memorable acts of Queen Elizabeth and Kin" James ¦ hav ing herein given demonstrations of greater diligence, and fidelity, then eloquence of phrase, can by these my intellectualls, and willincr endeavours, adde any sparkle to the beauty of this our Britaiue, 1 shall account it a superaboundant fi-uit. of my labours : and as I dare not invite your pallat to any excellent, or egregious banquet ; having taken an account of my owne strength, where I finde no thing save a great burthen, and perhaps a dangerous undertaking. The integrity of my conscience, the wisedome and humanity of my readers, who will deigne to foster, 1 doubt not, these my lucubra tions, gave life to my resolves in displaying those heroick per formances of the fore-named potentates to the open view of all. Beleeve it, my faith is not mercenary, nor pinned upon any mans favour. I have brought forth no abortive, the product of my braine I sacrifice to your censures, so I am full of hopes my labours shall not be ingratefull. And now, gentlemen, 1 suppli cate upon the knees of ardency, that you adhibite such equity in reading, as you desire me to do in writing : I look for no other reward of ray endeavours than this, of a good report, and permi;- nent memory when I have satisfied nature. I value not much what breath every man is pleased to blow upon tliis infant, know ing that there is not any thing sublunary so exquisite, which will relish in the critical pallats of our sciolists, who suppose themselves the censurers of elegancy. My language is not in that character, that an ingenious reader may give it au ambiguous intei-pretation, or call any thing into question ; seeing that naturally benevolent ynd understanding men are courteous, and so humane, as to give 367 every man his due, not eyeing so nearely the ornaments of speecli as the truth thereof: whereas maligning, base, harsh, detracting, envious spirits, put all things well spoken upon the rack of a sini ster interpretation, depraving the whole structure of the building, erecting sti'ong batteries of malice against others. If the bolts of these men are shot fiom the bowes of levity, or rashnesse, I matter not : if from the vulgar ignorance, I despise it : if of malice, 1 for give them : But 1 tremble at, nay rather adore and admire the others gravitie, prudencie, authority. It lyes not in the verge of any mortall to compose a ditty delightfull to every eare, seeing some delight to wallow in the mire of obsolete words ; while others set their repose in grave and sage sentences : others take pleasure in laconical brevity, and are overjoyed with a concise and subtile pen ; others, as if offended with brevity and over accute- nesse, labours after a dilated and sublime language ; it's the folly now in fashion amongst our writers, to effect Csesars sublime elo quence, Cato or Salusts brevity, Tacitus pompe, Livies eagle-soar ing and sweetly moving speech. This production, 1 ingeniously confesse, hath not any indument above the vulgar : expect only to see her present you with Britains actions, barely invested with cloathes of necessity, devoyd of fucus, imbrodering insinuation, or inveterate heart-burning. Might my trembling pen adde any tittle of honour to their late illustrious majesties : or muzle the blacke mouthes of detraction then my desires arrive at the haven of repose. Lastly, having sequestred my thoughts from gaping after value breath of praise and popular applause, I send not this forth as an herald of my ingenuity, but rather an index of labour, which will say my end of intention was not glory, but desire of truth, and a good report in after ages. I matter not what calumnies the ignorant, or criticks do cast, or the obliterations of such, who per sonating censorers, metamorphose many things according to the dictate of their owne will, botching up some few depraved addi tions, or else lop off seeming exuberances, who suppose no author worthy their pemsall which speaks not with a refined Ciceronian tongue, supposuig to compose a garland of glory for their owne brovvcs, by descanting on letters or syllables, if by a bare conjee- 368 ture they can restore lustre to any one word, they are presently elevated with a superstoicall arrogancy : Mistake me not, for as 1 cannot embrace the confidence of these men, so by no means do I derogate any thing from the various prelections of the learned, from their corrections, observations (which are collected with fide lity and modesty, both in opinion and conjecture) upon the obscure and depraved- places of authors. But me thinks 1 heare some say. What a candle at noon day, Mr. Cambden being every way a superlative scholar, bath compiled annals both true, naked, comely, and delectable, of such acts as Queen Elizabeths reigne produced, which might deter any other fi-om wiiting thereof. Surely, that rai-e anthor weighes as sad in the ballance of my un derstanding as in any others ;¦ and by how much he exceeds in modesty, so much the more he attracts me to light my candle at his luminary : nor can I memorize him without a congratulation, in that he would accommodate others whose minds were bent upon compiling an history, with convenient matterialls, as he can didly attests in his Preface to the Reader : If so, 1 hope my can did and impartiall judges (who have the authority to adjudg of my imbecility and rash attempts) will acquit these my imbicile endea vours, after so exquisite an author, not to be altogether foolish, nor my undertakings rash : however, 1 know, they will ab solve me as innocent, pardon me if nocent. To draw to a haven, if any popeling shall brand me for seeming to elevate the Queen of England above the sphere of her deserts, let him know, truth speaks not the commemoration of any benefit 1 enjoyed, or the hope of future advancement ; it was the chariot of those ange- licall vertues adorning her soule, which mounted her so high, for which that wicked brood in vaine envyed her; and as mfamous rebells (who had divested themselves of all allegiance and fidelity to prince or countrey) barked against her in their pulpits, against whom the wicked Jesuites inveighed, those whom neither fear nor modesty, nor religion, could deter from machinating the most wicked of plots, robbing by tlie high way without being punished, amplifying their fortunes so far as either their violence or deceit could extend ; hatching i)lot8 to ruinate the nobility, disturbing the S(i9 kingdom by their temerity and madnesse, and foster the ignorant multitude with frenzy, that they alone like wolves or lyons might dorainier in the church. For my part, I suppose every writer is engaged to resist and delineate their rash attempts, and perfidious practices, who strive to overthrow their countrey ; being authors and archietectors of every molestation. And now readers let me tell you in this tract, it will be no less apparent than if writ with a beam from the sun, how zealous I have prosecuted what ever might be materiall to the ti-uth of history, to excite my readers minds to embrace vertue, honesty, and wisedome. If in the least degree I hold correspondency with your expectations, and execute my office, (a faithfull historian) my exultations will be abundant, if my judgement (which surely is very little) may have your approba tions, your often perusall of these my endeavours will invite me so much the more to perfect and put a period to my begun purposes : 80 that I shall be at your command, ready to give life to soma other birth of my braine. AD ROBERTUM JOHNSTONUM, SCOTO-BRITANNUM. Ingenii Johnstone tui sumfactus amator, Historia legerem dum monumenta tua. Nil magis ingenuum, nihil ingeniosius extat Tergemina Britonum gentis in Historia. Excipias unum Morum de rege Ricardo Nemo Britannorum dignior invidia. Jo. Owen. Taken from tbe la-^i page «f the Preface to the Original Latin of the first Two Books — Amsterdain, 1642. 2 A v/o HISTORIE OF SCOTLAND, INURING THE MINORITY OF KING lAMES. Anno Domini 15T2. The diadem of Scotland adorned King lames the sixth, ere his head was wel out of its cradle, his mother consent ing thereto : but the disparity betwixt his age and rule, caused him govern by proxie : so that while a guardian sate at the sterne of the common-wealth, he enjoyed the soveraignty and title of king : His childe-hood was placed in the hazards of extreame danger, tossed by the strivings of fortune ; hee was bereaved of his father, while the cradle was the place of his repose ; the horrid tempests of bosome jars and civil! distempers, hurried the queene mother (having devested herself of majesticaU robes) into exile. Nor was the period set here, for he was well nigh over whelmed by the floods of sedition, and buslings of the nobility about regency in the weale publique, which mo lested his inward quiet. The slaughter of the Earles of Murrey and Linnox, protectors (added more fuell to the fire of disturbance), the Earl of Mar, a man exhibiting no .'J71 small lustre of equity and prudence in time of his regencie, was swallowed up by I know not what sodaine death : thereupon succeeded the nobles election of the Earl of Morton to be regent : the residue of the kings minority was obscured by quotidia whirlwinds, storms, and tempests. These ominous passages of his fathers bitter funerall, mothers fiiarht and banishment, the most execrable murther of his grandfather, no sooner had their exits, then the smilinff face of heaven caused affaires to succeed more prosperously, so that in future, he did as it were compose mirrors of felicity and vertue, for his successors to behold themselves in ; such may we nominate the almost lavish expence and pompe he manifested in solemnizing his mothers funerall, causing the law revenge his grandfathers quarrell, the sword his fathers. In the midst of domestick disconsolations, and the state publique perturbations, Morton being elected to steer the common-wealth, the transferring of which power, convert ed his thoughts to the republique, so that he by his autho rity summoned the nobility to hold a parliament at Eden- burough, in which was enacted divers laws, profitable for the defence of the reformed religion, the kingdomes tran quility, and his majesties safety ; He likewise with the con sent of the parliament, decreed that such as refused the reformed churches communion, unlesse (after warning ex hibited) they repented of their superstitious madnesse, should be branded with the note of infamy, not worthy to bear office in the state, or be advanced to any dignity. Secondly, that such as were contumaciously averse to the protestant religion, should, lose the priviledge of subjects. Thirdly, those whom the church did excommunicate, to be held rebels ; Lastly, all subjects should be bound to defend the received protestant profession with their per sons and estates, against all such potentates as sided with the counsell of Trent, to the destruction of Protc-tants. And there issued forth a proclamation in the kings name, to make all popish bishops uncapable of bearing any office or publike employment, whether they were of ecclesiasti- call or civil jurisdiction, unlesse according to the solemne forme of abjuration, they renounced publiquely their erroneous tenents : but the auncient Protestant ministers \vho detested the dregs of popish superstition, were not to expect any diminution of honor or jurisdiction. And it was further declared, that forthwith all massemongers should be divested, and stript of their functions and eccle siastical! revenues. These things thus established, many who were solely addicted to the Romish religion, yet being seazed on by fear of losing their estates, did not only sweare to the Protestant religion, but also confirmed the same by sub scription. Let not here be matter of wonder administred, that the religion within so many precedent ages, had by the three runged ladder of mans authority, covetousnesse, and popish tyranny, attained to an incredible altitude, should now at once, by the liearing of mans threatnings and feare of loosing estates, fall flat to the ground. But to make our progresse in the infancy of the churches reformation, certaine men were elected Ephori, or as others call them. Superintendents, who were invested with autho rity to ordain, chastise, or displace ministers : these men not diifering from others either in habite or dignity, go verned national!, provincial], and presbyteriall synods, according to the dictates of their owne will, every man being attentive to the opinion of Superintendents. This institution had its rise from the downfall of the Romish, and restauration of the Protestant Religion, on which depends the kings splendor, the kingdomes secu rity. The Regent Morton conceived the function of 373 prelates to be no lesse necessary then commodious, yet he desired that it might be enacted that orthodox bishops in Scotland should be regulated according to the Church of Englands rule, that such bishops as were blinded with the mists of popery miglit be ejected, wishing withall, those who were to enjoy the title and revenue of the bishops, should be men of quiet natures, and that they might freely give their votes in parliament, be abridged of exercising authority over other ministers, wholly abstaining from that part of their office : so great, so free was the power of synods, presbyters, and moderate presidents in that tempest. Religion thus setled, and the princes safety so observed, Morton had time to take a view of civill and private affaires ; he had a vigilancie, least any thing obnoxious to that obligation of Queen Elizabeths amity might entervene the education and conservation of his majes=tie : he con ferred on Alexander Eskine, the Earle of Marr being as yet rather fit to be educated then to educate, he con stituted George Beuchanan (a man ascended to no little height of fame by the scale of learning) his tutor, which with exquisite care and diligence in teaching him piety to God, and justice to men he performed. These things being in agitation, lames Hamilton, Duke of Castle-herauld, the Earles of Arguile and Huntly, Hume, Seton, Haris, auncient barons of the liingdome, with some others who moved in no inferiour sphsere, seeing infancy adorned with majestie, and the regency of the state in the hands of a protector under a childs domina tion, begun to murmur against the Vice-royes government, and withstand him, by leaning to the French faction, least otherwise his authority might be corroborated : But to overturne a governement establislied by parliament, was of more difficulty to effect, for the protector being by these 374 blasts and combinations awakened, became daily more cautelous, and fortified himselfe against such attempts by the forts of the citizens love, prudent deportment in go verning, and renowne of his friends; yet hee would not bee adverse to any counsell, tending to tranquility, if such a happy star might appear in that horizon. Much about this time lohn Knox, very famous for being a temple incendiary, and an imitator of the Vandalls devastations, under the pretence of religion, ruinates the monuments of our ancestors piety, suffering not so much as church bells or leads to scape his sacriligious ravin » hands, a beaken apt to have put the whole kingdome in a posture of war. These things thus upon the stage, Morton extinguished the lustre of repute he had already lighted, and that he hoped in the future to kindle, by the obloquie of one in famous fact, which was thus : The Earles of Northumber land and Westmerland adjudging their case desperate at home, fled privately into Scotland, that so they might either by flight or private lives divert the currant of punishment ; Charles Nevill Earle of Westmerland sojourned at the house of Carr Farnihurst, or Buckclough, untill fearing the English army under the conduct of the Earle of Sussex, he made his escape into Flanders, there spending the residue of his days in indigency. As for Thoinas Piercy Earl of Northumberland (a man of auncient family) die Lady Fortune (whose will is her law to rule by) gave him the ignoble and forsaken woods of Harcley for habitation, and his comrades were the Grames, infamous for robberies, who had a greater eye to perpetrate wickednesse, then to keep their promise, they nefariously deliver this banished earl lurking in cottages, to Murrey the protector, who least hee should be thought to desert his office or trust, dreaded to deliver him to be swallowed up of his enemies. 375 But after that Morton being placed on the pinacle of honour, falling either by the errour of his minde, or long ing after money, spontaneously delivered Northumberland (whom honour had made great, and to whom he stood en gaged by the tyes of demerit) into the hands of Henry Cary, Baron Hunsdon governour of Barwicke, for some reward promised ; but Northumberland (a branch of that great stock of Piercies) not long after was lopped off with the fatall axe at Yorke ; the fruit of so ungratefull wick ednesse, the protector received in the ultimum of his life, as if God punished such a fact. The knife of envy ere this had parted the kingdome into two unnaturall factions of son and mother, king, and . captivated queene; in this dissention many of the nobility displaying the banner of publique good, strove to advance their owne honour and potency ; England and France were not wanting in frequent missions to attract the oppo- sites to accord, and lay downe their armes ; but the French K. sent Monsieur Viriac embassadour into Scotland, to see in what condition the kingdome stood in, and to sup plant peace, if it lay within the virge of his effecting, which part he exquisitely performed : for the vizor of his embas sage permitted him not only to stand as spectator, but to act the fomenter of war against the viceroy. Queen Eli zabeth on the other side perceiving the plot was as diligent to countermine bim, which shee did by dispatching Henry KiUegrew embassadour into Scotland, that he might do his ultimate devoir in resisting Viriac by cleaving to the Protestants. The protector delighting more in the pleaSant streames of peace, then in the bloody waters of war, endeavoured in a long oration made to the nobles, to induce to concord, conjuring them by their fidelity and allegiance to bury in oblivion all private injuries, so to eradicate the thoughts 876 of war, as that they should be had no more iu remem brance, to remember the forgetting of all controversies and discords, nor try the last of refuges ; for which pru dent moderation, those who had not tasted of the bitter root of affliction, congratulated his endeavours, and de sired God prosper him in this buisinesse. KiUegrew the English embassadour gave sincere demonstrations of his desires to reduce the kingdome into the haven of tranquil lity : , but Monsieur Viriac the French orator, or rather the Guises embassadour, strives to launch her forth into the deepe of Civill broyles by his alluring the chiefes of Scot land to restore popery, and violently re-establish the Queen of Scots in her throne, assuring those of the French faction (if their resolutions hold firme) should be assured of aide ere long. After this many conferences of composure were betwixt the ringleaders of either party, at last truce was taken, and Perth appointed the place of convening : the love of peace and quiet, and loathing of war, are principles which nature hath endued us with : the time of consultation was not to be till the tenth of February, and till that day of convening was come,' all acts of hostility were to surcease, and so continuing till the treaty ended. Neverthelesse William Kircade Lord of Grange, go vernour of Edenburough Castle, whose fiery genius made a discord in this sweete harmony of civill concord : the nobility of both parties desired him not to be so averse m so happy an opportunity for the commonalty, nor to set the state upon the rack of discord, under pretence of sidinff with either faction : but this wholsom counsell could not any wayes demoove him from his more despe rate progresse : whether it were that hee was excited thereto by his confidence in that inexpugnable place, against which hee supposed neither force nor art could 377 so far prevaile as enter or demolish, it being provided with ammunition and victuall for a long siege. The Castle hath the advantage of an high rock inaccessable on every part, and fortified by a fen or lake on the side, and a moate which surrounds it. It may be likewise suppo sed his courage was sharpned by the whetstone of hope which he fixed on the French forces ready to come, whom he supposed would free him from all exigencies, in that he had sent his brother lames Kircade not many dayes before into France, to make knowne their conditione, and implore them to send men and money ; but how closely soever this crafty counsell was kept, yet it arrived at the regents eares, who knowing the Castle of Blacknesse, seated on the banks of Forth, to be the most safe and convenient receptacle for Kircade, covertly complyes with Alexander Stuart, the governour thereof, who wanted deboist behaviour (though of the adverse party) and by faire promises, which were seconded with gifts, he drew him to serve his king, to stay Kircade, and seaze on the money at his returne, and the conclusion of this plot gave a just correspondency to the premisses, for lames Kircad returning from France with some 1000 crowns of gold to elevate the spirits of the queenes party, sailed to Blacknesse, not having a thought of the governours de serting their party, "since hee had not long before solemnly vowed never to renounce it : thus did he throw himself headlong into the snare, where he was caught, and the treasure seazed on'; whereupon the governour posts to Edenburpugh, that hee might acquaint the viceroy with the successe. Now accurate Kircade knowing well that he was cir cumvented, and at the enemies disposal!, corrupted his keepers and watch with those few crownes hee had reser ved, so that by the sodaine change of fortunes wheele, 378 and souldiers perfidiousnesse who were on the watch of a prisoner, he was metamorphised into a president, the keyes and custody being delivered him, thus he repayed the fraudulent man in his owne coyne. The sunne had not twice runne his course, ere Stuart, with his unarmed company, not harbouring the least sus- pition, entered, and by the souldiers whom Kircade had suborned for the betraying, was presently cast into pri son : where having a guard set over him, was kept in fet ters : but the tediousnesse of imprisonment caused him study revenge, and opportunity of alienating his keepers, and the souldiers affection from Kircade, so that he might entangle his adversary in the same net which so lately caught him, he being dressed in the garbe of squalour and sorrow, made the indignity of his condition the sub ject of a doleful! story to fill some of the souldiers eares, entreating them by al! those old tyes of souldiers fidelity, by those many liard-ships whereof he participated with them, to commiserate his case, and repaire the breach of trust made by them or their comrades, by effecting some rloble exploit of trust ; lastly, to wipe off by some officious performance, wlien opportunity might be their owne, those blots of disgrace injected upon that quondam gover nour, the very deformity of their so closely circumvented, and depressed governour, and tlie remembrance of his former dignity, caused the common souldiers melt with pitty and compassion, and in this nick of time, fortune pre sented a pat opportunity to the souldiers acceptance for innovation of their condition, and thus it happened : Kir cade to demonstrate himselfe a, loving husband, would with his masniall servants accompany his wife, departing from him out of the castle; but he was no sooner forth, then hastily shot out by the combined souldiers, who brake open the prison doores, and caused a sequestration 379 passe twixt the fetters and Alexander Stuarts leggs, set ting him gently at liberty. He (Fortune delighting to play the chamelions part) of a president became a pri soner, of a captive is become a captaine, and the castle (as if wiUing) to shew it selfe a changeling, to day it favoured this, yesterday the other party. While frequent betrayings, peers revolting, and re gents murthers, infested the kingdome, the most emmi- nent of either party, wearied with the sustentation of so long and grievous dissentions, upon the forementioned 10th of February, met at Pertli, to consult about the reducing of the kingdome to its former quiet. The vice roy, accompanied with others of the nobility of the king's party, appeared ; for the queens party, there was present the Earle of Huntly, the queenes vicepresident for the north parts of Scotland, with the chiefe of the Hamiltons, and tlie rest whose affections were conglutinated to her, there it was concluded, by the interposition of Qu: Elizabeths power ; After long debates had about the con junction of king and queen in regency, that there should be a cessation from armes on both sides, and an act of perpetual! oblivion upon all offences committed, except the murthering of the king, Murrey, and Lenox, pro tectors : private wrongs were to be forgotten, least con cord should be infringed, and private and publique inju ries were to have their pardons, al mercenary souldiers to be disbanded, save foure companies which the regent was to keep on foote so long as the parliament might conceive any profit accruing thence to the kingdome ; all should embrace the religion professed in Scotland, acknowledge the kings primacy and supremacy, as well in jurisdiction as authority : that whatsoever should bee enterprized after the publication thereof in the queens name, to be null and of no validity, whether publiquely or privately 380 acted. To fulfill these articles, both parties were bound by oath, delivering of hostages, and other pledges, so that civill diss&sions grew sleepy, and peace was ob tained by the protectors speciali vigiljancy and, care; untill that the Lord Grange (a man rather blowing tem pests then commodious breath) both despising the king and Viceroyes authority, not desiring the security of his countrey, sought more for the opportunity of fomenting war, being fed with the maine hope of aid from France and Flanders. For no sooner was the truce expired, but he thundered with a minacing kind of noyse upon the city of Eden burough, infesting the citizens with continuall excursions, making their houses sacrifices, by throwing granadoes and scalding pitch thereon ; he sent such thundring nuncios into the most famous streets in the city, as that scarce any passed without extreame danger of his life. Nor was the Edenburgians much short of him in rage, after they had once taken up armes in defence of their ¦city; for being set downe before the castle, they cast up a slight worke, not ceasing night and day to raise forts in such convenient places as might hinder the Castillians excursions, so that their city was not so much exposed to the fury of the merciles fire, although their houses were shot thorow, yet they walk in more security : to conclude, they turn the edge of Granges violence and fury, they divert the waters course, that instead tliereof, affliction might run into the castle; the diverting of which, and the mingling lime with the water in standing pools, caused many slight skirmishes ; at the foot of the rock sweetly issued forth a fountaine of very pleasant water ; to defend which, the besieged sallied out at a postern, erecting a bulwork that might scour their water, and such as were 1^•ollt to go up and down lor water, the besiegers on the 381 contrary strove to cut them off from it, thus no day passed wherein Mars did not display his bloody colours. A great slaughter there was of the common souldiers, and one captain, whose quarters was neare Cuthberts Church. Achison a commander, while hee in the night carelessly walking the round, was overtaken by a bullet, which sum moned him and five more of the common sort to apeare at deaths court : the besieged threw granadoes, shot wild fire, which lighting upon poore thatched cottages, burnt them, and not far from the west gate, many stately buildings with ware-houses full of rich merchandize run the same hazard. The citizens were surrounded with feare and care, supposing the city but fuell for Grange's fire, nor did pendent danger or timidity so much afiright them, the fire being always extinguished by the care of their ser vants ; or did the daily terrors trouble them so much, as did the urgent waves of care torture the regents breasts, for though he had besieged the castle, yet there was a famine of engines offensive in his camp. The protector (least he should spend-liis time to no pur pose) sent divers convenient men to divert the governour from the queenes party, and to embrace peace, and to this end proffers him very reasonable conditions. While things were in a reasonable posture, these instructions being given, the men whom Morton had selected to treat, set forward to meet and treate with Petarow the Lord Grange's nephew, betwixt Leith and Edenburough, where they manifested the regents great desire to avoid effusion of blood, desiring withall that they would surrender themselves, bee obedient to the protector, acknowledg the kings authority. But these propositions had no other answer of the couragious young gallant, then an obstinate denyall and refusal!, nor would he transact the negotiation 382 of peace ; tlie treaty breaking off, both parties departed in great rage. The Scots being trained up in the academy of Mars, (least through idlenes at home they should prove ill pro- , ficients) travelled into Holland, Swethland, and France, there giving many demonstrations of valour, following Pallas close at the heeles. But while Edenburough was the stage of warre, Mr. lohn Knox, as if inspired by heaven, in a most eloquent sermon gives a prediction of the assaulting of the castle, which as it was a goodly act, so it should want no lesse successe, and that mad man Grange should come over the walls and rubbish in a rope to treat, which succeeded according to his words. The French king sent Monsieur Crone to understand how affaires stood, who writ backe that Scotland and England were united by league, that his propositions of conjoyning the king and queen in government, or tollera- tion of the popish religion, would be null, besides it could not be eflTected without the high court of parlia ment, who had already removed her from the throne, and extirpated popery roote and branch, and that the viceroy with the consent of the councell, had sent the queene and Roman religion into perpetuall banishment. Queene Mary (a lady of an undaunted spirit) hearing hereof, excites all princes to send aid, even of his holi- nesse himselfe, and she privately covenants with the Guises to set her at liberty. Anno Domini 1573. Morton seeing the siege prolonged, the governours audacity, and the slow progresse in besieging, produced more detriment to the besiegers, then to the besieged ; 383 withall considering that his small forces were not potent enough to enter for a place every way fortified, sent to implore of England men and ammunition, which was condiscended unto upon these conditions, that the viceroy should not make any composition with the besieged, without the queens consent, that he should not receive, protect, or succour any English fugitives, and if the castle should be surrendred, that whatever was in it should be free booty for the besiegers, save what was the kings utensalls or precious ornaments. The protector being great with desire to obtaine the castle, grants all the propositions. Not long after, the English navy laden with cannon, engines of all sorts, powder and iron bullet, and other ammunition, rid at anchor in the haven of Leith neer Forth, where the sea stretcheth forth one of her armes to embrace the floods. Besides, William Drury, marshall of Barwick, marched into Scotland by land with 1500 foot, who declared her majesties of England sincere love and ardent affection to her neighbours of Scotland, and that they might give a candid manifestation thereof. This exployt was under taken, the greatest part of which charge and trouble shee sustained her selfe, that they might restore them to their former freedome and peace : which ere they would not effect, their own freedome and peace should run the same hazard, all which shee hoped they would not forget to remember. The English and Scots having joyned forces ere they mounted their canon, sought by all meanes possible to have the castle surrendred : but the canons of treaty not making any breach in their breasts, they begin furiously to assault the castle, so that 4 of the castle towers begin to tumble for fear : then moale like they undermined and raysed trenches upon the sharpe side of the hill. Since 384 nature had prohibited the surrounding it, Drury supply ed whatever was deficient for opposing, so that no man might passe in or out of the castle. That performed, hee mounts 30 brasse pieces, with which he batters the walls for foure days together without any intermission, so that In fine Davids Tower receiving many wounds, yeelds it selfe captive to ruin, and with an hideous noyse layes its airy head on the ground, leaving the defendant naked to the enemies fury : the first day when as yet there was scarce hope left of resisting, while their bodies were not defatigated, they valiantly received the charge, and main tained the breach, sending ever and anon embassadours to death, or the chirurgions, to tell them that the messen gers had shewed more of tumult then valour in entring the wals, art countermined art, and force was answered with force, having hitherto endured what cruelty could afflict. At last they begin to despaire of their strength, either in that the cannons sent such shours of lead (which watered their bodies with drops of blood), or that the rocke brake, or their houses fell, or in that the number of their slaine and wounded were many, or that Captain Trotter was fallen, who while hee lived made good the breach with his owne sword. The Enghsh perceiving their courage to be queld, filling the ay re with their cryes, sets ladders to the lower walls halfe ruinated, getting over, some few I'esisting, and those few ill armed for resistance, being already conquer ed with griefe, were beaten down : The souldiers in the . lower tower seeing themselves not able to resist the in sulting English, retire into the upper, but no sooner there then assaulted with the distrust of their owne and the places debility; for they were driven into great straits by reason of the penury of water, wliich caused such de bility of body, as they could not endure any more hard- 385 ship. All was resolved now to yeeld, a parley was de sired, the next day truce was taken, Henry Ley an Eng lish man, and George Fleck a Scot, Morton's sisters son, were delivered as hostages. Tho Lord Grange, Robert Melvine, and Petarow climing over the walls, for the gates were obstructed, (Knox his prophesie in this be ing accomplished) came to treat with Drury: Their demands were to enjoy life and security, but could ob taine nothing, save to yeeld themselves and all they had to the Queene of Englands mercy : In this pittifull plight and deplorable condition (seeing the laws of necessity must be obeyed) they yeeld themselves up to the con- querours pleasure, and the Queen of Englands mercy : the common souldiers laying down their arms, were safely dismissed. After the castle was surrendred, many considerable persons were taken prisoners : among others these were of speciall note ; Alexander Hume, being the flower of his family, and in the flower of his strength ; the Lord Grange, a man couragious and valiant ; Secre tary Matlain, renowned among strangers, and adored by such as knew him, for his valour, with John his bro ther, who afterwards was chancellour, whose youth was decked with singular vertue and excellency in arts, espe cially with the immitation of his brother ; Petarow, one of great authority and estimation amongst those of his owne faction ; Robert Melvine, whose accurate ino-enuity could sustaine the most weighty affaires ; besides Cock- ran and Mosney, two rich citizens of Edenborough ; and the renowned Countesse of Arguile, the late wife of James the Fifth, who was the daughter of an harlot. Thus skill and valour of the English in besieging, caused the castle and 200 souldiers to surrender them selves in the space of 33 dayes ; as for Matlaine, hee lay long under the tyranny of the gout and crampe, which 2b 386 ceased upon his whole body. Natures candle being come to a snuffe, which was extinct by the breaking in of that vast ocean of sorrow and sicknesse while hee was in pri son at Leith, or else he dyed voluntarily to avoid the enemies severity : he was a man whom nature had adorn ed with the accoutrements of accuratenesse and prudence, and would have exhibited the same, if Fortune (the over- swaier of humane counsells) had not delighted to make him like herself, blinde with publique calamities, but mortals are not cautelous enough to withstand Fortunes fury. It was reported that Matlain poisoned himselfe after the castles surrender : George Douglas, the regents brother, with a guard, was sent to receive the treasure, guns, and the kings utensels, the souldiers, according to the agreement, having the goods and treasure given them for pillage, which the citizens had sent thither as to a most safe treasury. Not many dayes after, Queen Eliza beths pleasure was exhibited and made known, the Lord Grange and his brother James were executed by the com mon hang-man in the market-place of Edenburough, where the people displayed his gallantry in its colours, relating how great and how many gulphs of dangers he had shut for the publique liberty, what attempts he had undertaken against the French and English, for the safety and honour of his countrey, when he was even ready to suffer death, no tongue suffered his former re nown to be forgotten; notwithstanding all this, the sad remembrance of their city burning, being fresh in their memorie, cryed so loud in their ears, as they sought re venge by seeing him suffer : Mosney and Cockran, both gold-smiths, took their journeys into another world from the gallows. Queene Elizabeth obtaining of the protector that the lives and estates of Hume, Petarow, and Melvin, should 387 bee preserved with the rest, onely their persons should be imprisoned : by this act of clemency she became admired for mansuetude and mercy. Thus the English seting a period to those disasters, they came to quiet, (coming thither by invitation of the protector, and compulsion of Grange his rashnesse) leaves Scotland in tranquility, and with the losse of a few men returned with their prize to Barwicke. The raging stormes of civill war being overblown, the heate of killing, firing, and spoyling were allaid. And now Morton, to induce the bloody-minded and warriors to embrace peace, quiet, and humanity, with great dili gence educated the noble young branches in the liberall sciences, that the publique safety and kingdomes tranqui lity might have firme foundation; he did not give any manifestation of grudge against the Hamiltons, who were in those days no lesse potent in power than allies, but rather labours to compose such differences as kept the nobility disunited ; and to this end calls a parliament at Edenburough, in which, for the public good, he suppres- seth divorces, adulteries, pillaging, murthers, rapine, burning, robbing, and luxurie, besides many acts he pass ed against cosenage in bargaining, and out of the rest selects a chiefe number (whom long experience had, en dued with knowledge fit for such undertakings) to consult about state affaires. Hee made all malignants to become aspen leaves, austerely punishing such as had contami nated their hands in the late kings blood, or were any wayes conscious thereof: he constituted Sir John Car- michell, a gallant spirit, warden of the marches, gave him an annuall stipend, and the command of so many souldiers as might prohibite those violators of humane institutions, who casting off all obedience to the league, made incursions and wasted the borders of England : not 388 to expatiate, he brought fortli many hopefull blossomes for future government, being of an honourable presence, to receive the popular applause, in that he trod in the steps of moderation, not satiating or thirsting after blood, but with the sword of justice cut away all corrupt matter where ever it was. This weather was too faire to continue long, for seeing himselfe to be invested with command, hee lets loose the raines, riding after lust and covetousnesse, making incur sions into the subjects coffers, and under the pretext of justice, makes the law denounce severity, that he might the sooner fill the jawes of his greedy avarice. This sodaine commutation exhibited as sodaine rumors, for Fame now began to blast, rather then blazon his name. He called the court officers to such a strict accoumpt, as that they did not without some misery performe : having exhausted their treasures, they were then to informe the judges selected for that purpose, of all that had eaten flesh in Lent, who were commanded to appear : and if they could not free themselves thereof by oath, the judges pronounced them guilty of the breach of the law, and in flicted punishment according to the statute, which the protector seldome or never remitted : but when he per ceived the commonwealth impoverished, he supposed it safer to inhance privately the kings coine, then publiquely to gape after the citizens estates. And now being Lord of an ample fortune, he maintained his retinue with the dignity of moderation in food and aparrell, converting both publique and private riches to honour and magni ficence, erecting that palace of Dalkeith to his no small charge, adorning it with tapestry and incomparable pieces of art, so that its splendor almost soars to a majesticaU statelinesse : he caused rich pieces of silver and gold to be coyned, which to this day is hoarded up in usurers cof- 389 fers : on the one side the gold bore King James the Sixts portraicture, with the inscription of In utramque paratus on the one side : on the other side was a lyon rampant. Mars in a double tressure counterflowred, being the royal arms of Scotland within this inscription, Parcere subjectis, et debellare superbos : The silver pieces bore two swords with Trajans motto, which hee together with the sword delivered to the major of the city. Pro me, ei inereor, si non, in me. He was the first that brought the detriment of brazen coine to tbe commonwealth : for the Scots before this had nothing currant but gold and silver, which now was cor rupted both at home and in the Netherlands by the mer chants, who being slaves to their unjust gaine, transport ed the starling money into foraign parts. These his exactions were observed by an ingenious foole of his, Patricke Bovy, who used ever and anon to rub his masters soares, as may candidly appeare by this subsequent story. It so fortuning that some importunate beggers beseeched the viceroy to relieve their poverty : which being over-heard of the foole, it was as earnestly begged to have these importunate fellows burned, which moved the regent extreamly, so that he told him he was an uncharitable man, not to shew mercy to those that so ardently bought it : hereupon the foole instantly replyed, what and if ye commit these as fuell to the flames to day, ere the sun shall run his course to-morrow, you can make as many rich men beggers ; intimating thereby that his rapacity being conjoyned to covetousnesse, eate up the citizens fortunes. But in conclusion, having reduced the kings coffers to a little purse, hee sets upon rtie clergie, purposino- to make them a bit to stay his hungry stomack; such bene- 390 fices as were vacant, the revenue being small, he bestowed upon any Protestant ministers : but those of a greater value were conditionally given to court preachers, that his clyents and favourites might have some annuall fruit of their labour ; his spurious brats were the enjoyers of recto ries and other church beneficies which were no lesse faire then profitable ; in this storme these were the barnes into which the spirituall mens harvests were gathered. But be pleased to go retrograde with me in observing the churches ataxy even from the beginning, for it is worth your review. Upon the Protestants desire to Queen Mary for the sustentation of their ministers, seeing all the spiri- tualls were in the possessions of papists : shee assembled the high priests, the prelates, and such of the popish clergy as were of especiall note, admonishing rather then entreat ing them, because reli^fe could be no otherwise obtained for the Protestant ministers to put to their assisting hands : shee was confident there was not any in that great con vention who would ether refuse to relieve or excuse the ministers poverty, which shee desired might bee done willingly, in that the diminution of their fruits could not be done without injury. The issue of the meeting was a setting a part of the thirds of spiritualties, with which her majestie was to relieve the orthodox ministers, as if it were a meere donative; but the conclusion seemed to either party a collusion. The popish faction grievously com plained that their wings were clipped, the Protestants sup pose themselves not at all sublevated by that affected munificence. After this a remonstrance of the ministers stipends is drawn up to the protector Morton, which he seeraes to take into serious consideration, promising to cut the pope- lings avarice, and with it all cause of strife, declaring that hee would not be deficient in any thing advantagious to 391 the church, and that every minister whose life and doctruie were inculpable, should be supplyed with a competency of estate annually, if that the thirds might be granted his majestie : The clergie was induced by this pollicitation to subscribe to the compact, obliging them irrevocably to performance. The viceroy catching the fish he angled for, knowing he wanted ability to perform what was pro mised, hee supposed it the best way (as the case stood) to commit the cure of three or four parishes to one man, that out of the reliques of the thirds might arise a great trea sure : this he conceived to be the best gaine those times would afford. But the church (although in vaine) exclaimes that the covenant was infringed while hee made all fish that came to his net, the ministers were instant and urgent with the protector, declaring that to appoint ministers for every church, and more ample stipends according to the agree ment for every minister, was a matter no lesse requisite then of absolute necessity : he with great reluctancy, after much debate, refers the businesse to the council-table, to whom the clergy exhibited their bill of complaint against the viceroy (men of prevalency in the state) declared their sence therein, but nothing was obtained of the viceroy save delayes ; the griefe of this repulse stuck so fast in the clergies breasts, as that twixt them and the regent there was a cessation of friendship, which instigated them per petually, and openly to chastise his libidinosity, dissect his avarice, and aggravate the matter by invectives : but all this winde would shak no corne, for their thundring words was so far from terrifying of him, as that hee did not so much as stop their mouths. Much about this time (after a long perigrination) Andrew Melvine returnes to his native soyle (if my judgment fail me not) in the thre tongues, and other polite 392 learning, was not inferiour to many, so exquisite in the pulpit and lists, as the Andrepolitan divines could not goe equipage : and in Saint Andrews, both his doctrine and authority were more prevalent then any other mans, he being seasoned with the Genevian discipline, drew some young heads to embrace his opinions, of reforming the church of Scotland, according to the idea of Geneva, which he prosecuted with such vehemency, as that his • spleene begun to rise at the proposal! of any other disci pline, then that which be prosecuted, not at all calling to minde, that the government of a city is different from the government of a kingdome. But he supposed that if this discipline should be established, he with some others of his associates, might steere the ship of the Church of Scotland as they pleased ; to effect which, he inveighes against the office of bishops openly in the pulpit, defaming them so that they might be depressed, with what envy could inflict ; hee professed that there was a parity in the ministery, and that ministers were not inferiour to bishops ; and those tenets were no sooner broached then there were two sorts of men to drink it up; one was laicks, supposing this the direct way to obtain spiritualities into their own disposing; the other was clergy, who by the slip of ambition grew higher in the desire of honour; these men inflamed the already incited people by their hot disputes and state-medling sermons, which caused an unbridled and indomitable licentiousnesse of tumults ; a great part of Scotland had their affections conglutinated to erect the Geneva discipline, and extirpate episcopall authority and dignity : these vapours arising caused a cruell tempest, which tossed the arke of the church. In this storme the arch-bishop of St. Andrewes and Glas cow laboured with a strong hand against Melvine, admi- nistring such things as that season required. Adamson 393 arch-bishop of St. Andrewes, made his ingenuity shoot poynt blank at the Geneva discipline, accurately confuting it in the pulpit, wounding Melvin, and his independentiall tribe even to the soule, by the sword of his preaching : but the dissentions after long exagitation flew as high as the vice-royes eares ; hee being a man without all contro- versie, who knew to fish in such molested puddles, was not much grieved at the clergies clashing, supposing that in the future all bils of complaints henceforth would arise from the clergy : so that he by blowing and fanning the fire of debate, rather forgeth destruction for them, then laboured to extinguish it; when as it became him to have fought against these bold men by the dint of reason or chastisements, not to have permitted their antagonists to have beene blemished with bitter railings in the pulpits, and freely to divest them of all the plumes of honour and dignity in the convocation. The orthodox party being afflicted by diuturnall mol- lestations, made pittious complaints of the injuries and contumelies wherewith they were opprest, desiring the protectors auxiliatory hand against the church disturbers : he by this time being defatigated with conivency, labours to take up the quarrell, putting them in minde of the assemble at Leith, where hee exhorted them to follow peace amongst themselves, not to raise any uproares un der the pretence of discipline, nor to innovate any thing in the reformed religion, so long as the king was in his minority : for the vice-roy was not ignorant of the animo sity and violence of these disciplinarian innovators : the nobihty plots, and the clergies pleibeian spirits, deter mining so long as the least spark of composing their dis sentions did but appeare, to endure all things ; but his patience and former connivency gave such fuell to the flames of the zelots fire, as that neither riches, authority. 394 or counsell could extinguish ; so that it had been farre better never to have given them a sword, then afterwards to have resisted them being so prevalent. Anno Domini 1574. While these sparks of intestine dissentions were rather raked up in embers than dead : the papists, and such of the nobility as were blinded by French presents, con sulted more like so many franticks then counsellours to seize upon the princes person, and so to carry him into France, and to disrobe the Vice-roy Morton of his autho rity : but the protector was not deficient in wit or pru dence to divert those furious streames and imminent dan gers ; for as from the beginning he had protected the English party, so had he kept the French under his girdle; withall reposing his whole confidence, and the kingdomes safety in Queen Elizabeth, as in a sure refiige, desirous to sift out what opinion those who were about his majesties person had of him, retaining very harmlesse followers, who by their sugered and oratoricall expres sions, even enchanted all tender eares. Now lest a gap might be left open to ambition, and his enemies hatred, he was vigilent over the churches tran quility, the cities safety, the kingdomes incolumnity, and his majesties honour, and when the poore could find no redresse in their miseries from the judges tribunals, he constituted others to heare their complaints. Great was the respect he exhibited to George Buchanan, one whom the muses had adorned with their influences, more than any of his contemporanians, whose fame was augmented, by the speciall care demonstrated in educating King James, with all politick learning, and wisdom : nor did his re spects rest solely in Buchanan, but it extended it selfe to 395 every good tutor. But now you must behold the scene altered; for Morton heretofore intentive on publike affaires, now whether by human frailty or by the destiny of ruling became inflamed with lust and avarice, polluting the secret chambers of the pallace by the foule blast of adultery, and deflowring of virgins, thinking thus to wax strong in pleasure, became weake in body and authority : for hee was a frequenter of unseasonable riotings, baths, and such places which art or nature had made delicate : and pre tending the insupportable ponderosity of the weale pub like, he invents exquisite and nimble wayes of poling the commons, and seeing that there was not any subject for him to exercise his sword upon, he pretended to lay Barkleyes Wood equal with the ground, in that it was a receptacle of theeves ; and when the earth called for wea pons, into whose hand she may pay her tribute, hee called for all men who were able to beare armes to march after him against this great forrest, and all to be in readinesse at the sound of a trumpet : but there being a frustration of divers musterings, he gave over the expedition, dis banding such as were content to pay for their absence : but the rest continued in armes. Read the Bishop of Orkney disposing his whole es tate upon pious uses, and maintenance of students, was frustrate of his desire by the vice-roy, who made his testament null and of no validity : (as if hee had authority to dispose of mens fortunes) threatning to inflict punish ment upon the executors, if they should endeavour to ful fill his will and testament : nor did he stay here, for in a most ravenous manner he invaded houses, lands, and trea sure, confiscating the richest merchants estates, as if guilty of most hainous crimes, defrauding them of their most proper goods. Nor did his rapacity onely catch flies, but he soared for 396 great fowles, such of the nobility as were descended from ancient progenitors, he oblitterated with some blot or other of their ancestors, which hee had collected from the leaves of antiquity, exacting of them vast summes of money, which were as so many additions to enlarge his fortunes : but recollecting himselfe, supposing that the nobilities love and mutuall amity were materiall props to uphold liis sliding power, he begun to foment enmity, jea- lousie, hatred, and injuries amongst them, that so matter of offence, (which consequently induceth punishment), might be administred. But although they were affronted by whole troops of contumelies, charged with multitudes of injuries ; yet they deferred to seek revenge until oppor tunity was theirs, making temperance and wisedome their guides in this tempestuous night. Lastly, this horse-leech exhausted so much treasure out of the veines of the body of Scotland, as his coffers could well containe, stretching himselfe forth to embrace covetousnesse, and avarice, and this was all under the pretence of publike service: which not onely enriched himselfe, but also his favourites patrimony : also he sup posed that England might be within the line of his ava rice ; for he desired that some annuall stipend might be assigned to him, and those of his party ; but Qu. Eli zabeth was adverse to his desires, being seconded by her counsell ; which denyall had the taste of an injury in Mor tons pallet, so that hee laid it to heart. Anno Domini 1575. Whilst domestick dissentions took a little rest, the vice-roy Morton begun to cast an eye upon the publike, fortifying castles, performing many good acts, according to the counsels desires, the beautifying of the kingdome 397 with inward and outward ornaments of market places, regali structures, pallaces, courts, finishing with majes ticaU magnificence his building at Dalkeith ; moreover he subdued that part of Scotland which is adjacent to Ire land, and reducing the .S^budans to yeeld obedience to the Queen of England, he stops likewise all excursions into Ulster, admonishing the islanders to forbeare all acts of hostility against her majesties subjects, or to inter meddle with the English government in Ireland. After this he summoned the lawyers in Scotland to assemble, under the specious pretence, about the restric tion of robbing on the borders ; but the event was to con fiscate mens estates, notwithstanding all other pretences : but the discovery augmented his hatred, and diminution of authority. Thus whilst the protector became villified for his avarice, a suddain accident happened, which admi nistred cause of complaint to the English, and had well nigh been a leak to let in whole floods of warre into the state : which was thus. Sir John Carraichel, the valient governour of Lidsdale, Sir John Foster, governour of the middle borders ; with the governour of Barwick, Francis Russell, eldest sonne of the Earle of Bedford, Sir George Heron, Cuthbert Collinwood, Henry Fennick ; as also others of the gentry in Northumberland, meetino' on Redsquire Hill in Ridsdale, on the confines of Scot land, where Sir John Foster, there commander, begun to expatiate himselfe in the detriments which were incident to the English by the Scots, as that their goods were made booties : and after complaints made, there was not restitution ; he insisted likewise on the deliverino- of all fugitives. But Carmigell retorts his arguments on him, layes open the grievances which the English had brought into the borders, by disquieting them with plundering and spoyling. When these sharpe soares were in dress- 398 ing, (haughty spirits not brooking a haughty word) 'twixt chiding and striving arose a tumultuous hubbub amongst the borderers, who had encompassed the gover nours : in the dispute Carmichel was made captive, vic tory residing on the English brow ; so that they tooke that opportunity to pillage the Scots of such things as were brought thither for sale ; but while they gazed too much on plunder, and were hurried with temerity, the Scots surprised the victory : for they raising the countrey by their clamours, as they runne through townes and fields, gathered themselves into a body at Jedburgh ; from whence marching towards the English, they made fury, and the sword hew a way through the sides of their enemies, to regaine their prey : the number of the slaine on the English part were many, amongst the rest Sir George Heron, knight ; Carmichell espying the defeat, made his escape to the Scots, whom he encouraged to charge home the flying English, lest that they should make a safe and faire retreat. The Governour Foster, Francis Russell his sonne in law, Cuthbert Collinwood, Henry Fennicke, and divers others, perceiving an escape impossible, accepted of quarter, who were carried to the regent at Dalkeith : He received them with all courtesie, and after they had entred bond to appeare at a certain day in Scotland, he sent them home with a safe convoy. But this disaster was no sooner arrived at the court by the wings of fame, being seconded by letters from the governours own hands, then the queens minde was lifted off the hinge of patience, and hurried away by the vio lence of anger ; nor did Carmichell's fact so much incense her, as the protectors ambition, or rather negligence, be sides the Scots, whom shee had (next under God) reduc ed to their pristine liberty, dignity, and safe tranquility, should against all law or right in time of treaty fall upon 399 the English, and to lead away in a triumphing manner Sir John Foster, with that hopefull and illustrious noble youth Francis Russell, who sought onely to escape out of deaths jawes ; Nay, after all this, to the contumely of the English nation, force a subscription, and delivery of pledges for their returne, these were as so many goads to drive forward her already incensed minde : the transac tion hereof put both the borders in a posture of warre, which were ready almost to joyne battle : but Morton shewed his experimentall prudence in accusing the Eng lish heady governour, who caused the multitude run into this offence, in beseeching her majestie not to condemn him ere she heard him answer for himselfe, desiring her highnesse remember his ancient demerits, and what great fires of trouble would have their being from this spark of dissention, and how it might stand with her majesties honour to raise a warre, which must be maintained with the blood of many of her loyall subjects, and all for the offence of a few : but if shee would not lend an eare to his humble desires, then lastly let her but looke upon the common cause, which begs a defence of the peace betwixt the two kingdomes, lest that Scotland having a deficiency of Englands ayd, might be necessitated to call in the French, that the hand of her benevolence towards Scot land might not be contracted by reason of this sodaine tumult ; he likewise declared that there was not any thing done by public consent, but 'twas the fact of the com manders and souldiers as imprudence or fury had preci pitated, after the receipt of a dammage : besides it should be very perspicuous to her majestie, that ere time was grown much elder, he would doe such good offices for her state, as might countervaile those inconveniences al ready happened ; and as for questioning the governour in Scotland, he answered, that the president in Henry the 400 7ths reign was his apology : for when expiation of Sir Robert Carr that noble knight and governour of the Middleborders death was sought after, it was concluded that there should be a meeting held in Scotland, where the governours had power to enquire after all misdemea nours, plundering, pillaging, and spoyling, and that to be performed without any dram of hatred or envy. But the producing of such a hoary headed instance, rather stimu lated then repressed the queens anger ; for she supposed that this act of prescribing a place of convening, was a staine cast upon her honour, and that it rather flowed from the regents arrogancy of minde then otherwise ; and to remedy these injuries, she askes advice of the councell- table which way shee should stear her course : some aggravates the complaints more then the rest, but all make such cruell and ingratefull indignities as were done to her majesties faithfull subjects by the Scots, the sub ject of their exclamations ; others again insisted upon the regents haughtinesse in deciding the controversie in Scot land, but all of them concluded, that so sodaine a tumult (not worthy the mentioning) was to slight a cause for wageing war. The queen being overcome by the autho rity of such reasons tending to peace, as her counsell exhi bited, likewise perceiving that a great storm might fall upon Brittaine arising from these fogs of dissention, shee remitted the crime, and was reconciled, only requiring that Carmichell might bee sent into England, according to the articles before agreed upon. This, though not without a certaine reluctancy of griefe, yet by a necessary compulsion was condiscended unto. The viceroy seeing hopes of quiet were not within a kenning by any other ways then condiscention, went to the boundrod in the confines of Scotland to the queenes substitute the Ea: of Huntington, where, in most ample manner declaring the 401 tumults great crime, freeing the state from any such act, and denying that the league made betwixt the two king doms did oblige him to deliver up Carmichel, notwith standing- lest he should be thought author of effusio of so much blood, and raising so great troubles, he would de liver him according as the privy- councell had advised, lest hee of himselfe might do any thing prejudiciall to the state. Carmichell was guarded to Yorke, where he rather tasted the entertainment of a guest then of a priso ner, being afterwards dismissed with large rewards, and his return brought a return of his former honours, with an addition of regency over the whole marshes ; the re- investure caused him with a vigilant eye to overlodke the confines, rewarding all freebooters and peace-disturbers with an halter for their labour, the rest being terrified by the punishing- of offenders, left their trade of robbing, stealing, and theeving. The English entirely affected the viceroy for restraining limitanean robbers. In this yeare the preciscians forgetting their ministerial! modesty, raging because no redresse was had about their stipends, were so presumptuous as to utter what ever their fancy dictated, or act what they adjudged convenient, but the regents remembrance of the treaty at Leith, which was that there should not be any innovation in religion, the king being in his minority, stopt their mouths. In this yeare died James Hamilton, Earl of Arran, and duke of Castle-herauld in Poitier, a prince descended of the royal! line, grandchild to James tlie second of Scot land, after the death of James the Sth, which was in the vigor of his age, and Mary his daughter succeeding him in his throne, had for her protector, this James who was declared to bee heire apparant to the crown, a man he was of a milde and tractable disposition, who was ready to embrace tranquility and avoid trouble, if that turbulent 2 c 402 spirits and fawning friends had not dimoved his mind from its natural! liinges, who more regarding their owne ambition then his lioiiour, drew him from his retyred life to undergoe the publique government after his transvection of Mary Qu. of Scots into France, there to be espous ed to the Dolphine, where he was created duke of Castle- herault, and captain over a troop of horse, armed cap-apee ; but after he had laid down the scepter of his authority he tooke, was reinvested with liis former nature, being far removed from courtly ambition : he was every way happy, so that liee began to doate on tlie sweete running streams of Glott, and peaceably passing over the remainder of his dayes in the company of his friends and favourites at his owne house : but the boysterous kingdoms disturbihg blasts would not suffer him to enjoy his rest and quiet, for he that was of unblameable repute, of tlie royall blood, and renowned ancestors, as mucli as in him lay defended the life and fame of Queen Mary against her rebelling nobles : although George Buclianan the most renowned writer of Scottisli affiiirs (whetlier liis instigations were from his owne malice or others I know not) interpreted this liis milde disposition in a contrary sense, upbraiding him with imbecillity and sloth. From this root proceeded foure branches male, James Earl of Arran, John, Claud, and Da^'id, whereof three (being infected with an heredi tary disease derived from their mother) became frantick, John, adorned with mildnesse and munificence, left be hind him a young twig, whicli excelled in inward and outward habiliments. Claud being the staffe and hope of his familie, ere that madnesse had seized on him, was fruit- full in the production of many tender branches. 403 Anno Domini 1576. The angry commons and incensed nobilities fulmina- tions, nothing terrified the hated vice-roy from his money- getting way, but that he will make the receivers be ac countant to a boddel for the customes : his avarice was not locked up in the exchequer, or revenues ; for setting the citizens affections to sale ; and trampling upon his owne fame, he caused intermission of commerce by reason of his immoderate exactions, and perpetuall troubles. But lest hee might appeare secure, he set his thoughts on the publike, expelling the Grames beyond the river Eske, and brought into subjection othet brambles which cum- bred the kingdome ; as for such border-robbers which stole onely to satisfie nature with necessaries, or such as were fostered up in idlenesse and sloath, being nourished by the hopes of plunder, he labours to reduce those by the manuall trades of husbandry, or other imployments : and in all parts of the kingdome inflicted punishment upon offenders, restraining others from the like misdemeanours by the magnitude of punishment; he placed garrisons on the marches for the restraint of incursions, which the borderers made, and robbing of travellers ; he placed like wise garrisons on the frontiers next England, for the re straint of any sudden commotion : constituting Archibald Douglas Earle of Angus, the top branch of that familj^, (whose youth was condecorated by the sweetnesse of his genius) governour over the marches, who lest hee should be branded with remissenes, marched straight way to Dnmfreis, hindering the Annandailes incursions, compell ing the ring-leaders to sweare obedience and fidelity after that they had delivered pledges, he received them into favour, so that he setled peace, and managed the rest by 404 delicates while he returned to the protector : the long tract of secure peace had so mollified the turbulent and disquiet spirits, as that they either betooke themselves to execute civill affaires, or feast themselves with tbe banqiiet of peace. Whilst these things were in agitation, his bosome friends, and the Earle of Angus, whom modest ingenuity and innate comity adorned, denounced apparent ruine, heavens vengeance, and ingruent dangers to the regent, unlesse he would exonerate the communally and nobility of those insupportable exactions, which would bee an un speakable comfort to all, whose continuance would be cause of civill warre : but he being hitherto dandled in fortunes lap, madly neglected their desire, answering the nobility with envy, the commons with contradiction, seem ing not to feare the moon-like face of variable fortune, who never gives kingdomes of felicity, without empires of envy. Morton whom power, wealth, and honour had made su blime, yet was set out as a white for malice to shoot her arrowes at, by the inconstancy of fortune, whose recreation it is to tumble the highest stones lowest : or by his owne negligence who had metamorphosed a moderate govern ment into pride, and avarice ; every mans mouth now is expanded in defamations, as against one who had prac tised unlawfull pleasures, fornication, adultery, nay in one word to say all, all kinde of wickednesse : his lust brought forth the childe of covetousnesse, which gaped, and with an ardent longing after the citizens estates, he called an assembly of lawyers, which rather had an eye to the great- nesse of the fee, then the goodiiesse of the cause, so that you might have heard more men condoUing for the ex traction of their estates, then of their bloud. I will not commemorate the many exactions of money, which were imposed by the rigour of law, the more prudent were 405 alwayes against such gaine, because they produced hatred ; but whatsoever fame may prattle, 'tis evident as the sunne in his length, that he was more servile to his avarice then anger, that the most rich were his prey, that his judge ment was more directed by the heapes of gold, then heinousnesse of delinquents crimes ; that the least offences many times bore the greatest punishments ; that he faith fully observed the league with England ; that hee caused money of the greatest value to be coyned ; that hee ad judged 'twixt opposites with all equity, and that hee honoured justice and piety : those things he performed for the publike good ; other things were acted as private malice dictated, which made demurres in his magnificent performances : his eyes sparkled with anger against the whole race of Hamiltons, whether innocent, or nocent, besides that hereditary hatred they bore to the Douglasses, he dreaded them as fatall enemies to him, according to the warning given him by an old propheticall rhime, ad monishing him to take heed of the Earle of Arran, which dignity long continued in the flourishing family of the Hamiltons ; but he supposed that danger was privately denounced by tlie Hamiltons, the major part whereof he banished, who stepped aside into England ; but his hu mane machinations would not divert the punishment so divinely revealed, for he being by James Stuart Earle of Arran accused of high treason, was beheaded, as shall be apparent in the sequell; he summoned Calen Cambell, of the noble family of Arguile, a man of a sharp wit, to appear on such a day; upon which he not appearing, adjudged him to be prockimed rebell : Arguile affirmed the judgement was illegall, since neither the place or day appointed stood with his safety in appearing, neither did it appertaine to the vice-roy to adjudge of such matters : this incited Arguile to let loose the reines of bis anger. 406 supposing he had now got opportunity to suppresse the regents pernicious and intollerable power. He therefore, with the Earles of AthoU and Montrosse, who were of a combined society, accompanied with a great retinue, went unto the king at Sterlin, where finding him with a small number of attendants, they drew up a remonstrance of such grievances as the vice-roy had imposed, to the dimi nution of the kings power, painting them forth in contu melious colours ; they were seconded by such friends, and fit instruments as were then resident at court, few of Mor tons favourites were present, nor those who were present could excuse such hainous criminations and blots as had been objected : all rather dissimulating his vertues, com memorating his delayes, and iniquities, his multitudes of exquisite delapidating arts, and his defatigating the coun trey by taxes ; but the more prudent nobility perswaded them not to disturb the kingdome by taking up armes, since such things might be redressed more conveniently by treaty. But Arguile would not cease to inculcate, and that with great livour and malignity Morton's accu sations, for waxing proud by reason of the trust he was invested in. The king with a childs modesty answered, that neither hee nor his counsell could judge of a cause, until they had heard the matter agitated ; and to that end he dispatcheth letters 'twixt ambiguous feare and anger unto Morton, that he should with all speed repaire to the court, there to answer such things as should be objected against him concerning the managing of the kingdom's affaires. Morton considering that there was no safety in going alone, did therefore a long while protract his ap pearance by various delayes, calling his friends to coun sell, which was the best way for him to steere his course ; divers were their opinions, according to the diversities of his favourites ingenuity : some, as if feare had taught 407 them language, desiring him to have respect unto his owne security, and resign his regency, which he could not long retaine : others againe, seeing the dissention 'twixt him and Arguile was civill, that it might be by some reasonable conditions accorded, which if it could be effected, they proposed it as a more safe way : this opinion was gene rally received of them; as that moderate men were im- ployed to make up the breach 'twixt the vice-roy and the earle ; they importnately importuned Arguile to desist from further accusing, and to betake himselfe to his former friendship, but he was deaf on that eare, unless that Mor ton would voluntarily resigne up the regency ; the pro tector perceiving the hatred of Arguile to be inexpiable, and that the matter was not to be transacted by friends, he seperates himselfe from his enemies power, pondering with himselfe how great a fall it was ^ to have a cadency from majesticaU magistracy, to live a private life. In this boysterous tempest the preciscians, whose pur- suite was alwaies after innovation, knowing that the vice- royes authority was daily villified, they publiquely anato mized his words, acts, and counsells. He commanded the Archbishops of Glascow and St. Andrews not to shew obedience to the synods decretalls : against which command the whole body of the clergy (as I may so speake) bent their forces, exagitating in the pulpit his avarice, luxury, and lust, which Were very delightfull to the auditors eares : hence arise an alienation of the com mons and nobles affections from him, who had adminis tred cause of offence to many of them. The men that stood up in his defence, were on ly the Ea: of Angus (who was allyed to him by blood) the most renowned of the Douglasses, and Carmichell with his armed troops, who exhorted the protector va liantly to subdue the commons to his authority, for the 4.08 establishing of religion, preservation of his dignity, and reteining of his posterity : thus Carmichell seemed to foment war, detesting in most opprobrious manner the pride and arrogancy of ArguUe, as the sole disturber of the publique tranquility, unlesse Morton would divest himselfe of that most envied title of viceroy. But the protector could not condiscend to Carmichell in this, least that any cause of a war might be administred, telling him that he reposed more confidence in his inno- cency than in magistracy, to reverberate the poyson'd darts of his accusators : and withal said, how that it even pierced his reines to heare that his magistracy and autho rity was contaminated by the tongues of men so preva lent in the pulpit and convention, seeing he had exhi bited himselfe a most strong defender of religion and ecclesiastical order, that it was his whole endeavour to establish religion in that forme which the primitive times had used, to elevate men as their learning and piety required, to have the word of God sincerely taught by able men, to cause unity flourish in the church : but these disturbances threw all off the hinges in Scotland. Anno Domini 1577. King James being defatigated by the quotidian com plaints and supplications of ArguUe (yet lest he might he thought to enterprize the least matter without the nobles advice, or which had not presidence) called a parliament, summoning the Peers to appeare at Sterlin upon the 10th of March, where he proposed the injuries and complaints of Arguile to be examined : but the viceroy in that he had not potency to swim against the streame of his ene mies faction, determined to be absent both from parlia ment and city, that so the state might not be molested. 409 nor this meeting produce tumults, and to this purpose sent Archibald Douglas Ea: of Angus, John Glame chancellour, William Ruthen treasurer, and John Harris baiTon, with instructions to demolish such structures of criminations as his enemies had erected. Those of the more prudent clasis bent their whole endeavours to reduce the factions, to embrace concord, and conserve the viceroys dignity ; the high flown dispo sition and fierce hope of Arguile, could not descend to the matter propounded, so that the way of treaty could not reconcile so potent antagonists. Arguile in a full house of lords and commons, comme morates the protectors unpresidented decree against him, appealing therein to his majestie and nobles, desiring them to divest Morton of his office, proceed against him as a publique disturber, and cause of all these distrac tions. He no sooner had sate down, then Angus, whom in dignation had incensed, prostrating himselfe at the kings feete, humbly desired his majestie to give him leave for speaking in the defence of the absent protector : here upon his majestie conferred with the state, commanded him answer what he could ; he then undantedly complain ed, that Morton (a man every way deserving of the weale publique) was opposed by an army of calumnies, which speak in no other language than untruths and envy; next hee exposed to their view, how much of danger was eminent if Arguil's haughty contumacy went scotfree, who had so often contemned his majestie and the regents authority, who was either ringleader or confederate in many civil commotions, in those parts of Scotland adja cent to Ireland : he likewise requested the honourable houses not to be too credulous in any matter against the upright innocent protector, nor yet suflfer defamations, 410 or any unjust criminations which maligning spirits might produce to his harm, but rather counterballance them with those his many and inestimable demerits (whereof they all could attest) for which the commonwealth stood engaged to him. The deprecators and nobility of the adverse party were more prevalent with the king, then the objected crimina tions ; amongst other things, it was voted to have him deposed : hereupon the Chancellour Glaymes desires the sufferages of all the house, and in fine, he declares that by vote Morton was to relinquish both magistracy and jurisdiction : thus the fortune of one houre overturned the felicity of many yeares. After this the nobility then present (lest by procrastinations new uproars might arise) desired his majestie to write to Morton how that he might be as advantagious now to his own security, publique tranquility, and the nobUities request as heretofore, when he was invested with full jurisdiction and regency, dis patching the Chancellor Glaymes, the Treasurer Ruthen, and the Lord Harris, to the regent, for the obtaining a voluntary resignation of his protectorship, which might appease the emulators fury, who could not brook the altitude of his potency ; and upon his abdication of re gency, the king promised to discharge him of all accounts concerning the protectorship : the alternate letters of his majestie and the viceroy are extant. Morton expending his own potency, and the power of ingruent fortune, fearing lest an addition of contumely should be incident with the amission of his estate, to the no lesse envied then laborious title of regent, desiring to spend his hoary age in private security and quiet, having got his quietus est of so well a governed commonwealth, the publique faith being by his majesty interposed for security, which he wold confirm at his arrivaU at 21 411 yeares of age : He delivers up his regency in the presence of Glayme, Ruthen, and Harrais, councellours, withall delivering the crown, sceptre, and the other regali vest ments, to the Earl of Angus, with command of a presen tation thereof to his majesties own hands, which was per formed in a great convention of the nobles, who with an univocall cry professed his fidelity, and being authorized by Morton, and the rest of the nobility, invested his majestie therewith, who having not yet attained to the years of youth in this turbulent and miserable season, took upon him to sway the scepter, proclaiming that the so lemnity of his coronation should be celebrated at Eden burough, which was most welcome news to the people, and joy to the whole state : In this concourse Morton, by his pleasant smiles, filled the Edenburgians hearts with ineffable joy, protesting that he did not relinquish his authority, which was conferred by act of parliament, for any imbecUlity of minde, or his adversaries potency, but he spontaneously had delivered it up with all fidelity, and obsequiousnesse, for the publique quiet: after his resig nation., 500 gentlemen, with a multitude of others, guard ed him home, who extolled his care of the publique good ; thus Mortons authority was extinct by the over- powring hand of his adversaries. The nobles assembling at court, do institute trimes- triall councellours, who were to propose to the councell- table whatsoever his majesty was to negotiate, and these men were to be elected by the parliament, alwayes to be .ready at Court to direct and protect his majestie in all consultations and authority, for the king did not do any thing either publike or private, but such things as these assistant nobles, who as tutors, should approve of; such as were chosen enter upon their office at Sterlin, and client- wise they execute their quotidian offices, being proba- 412 tioners of the young kings behaviour, indoctrinating him how hee ought to demonstrate himselfe a prince and patriot to his country ; the three months of their func tion being at an exit, others of the nobility, whom pru dence and vertue had given supremacy over the rest, were constituted guardians, with the like authority as was granted to the former. In the interim Morton, devoid of dignity, began to wallow in the myre of pleasure, sometimes reposing him selfe at Dalkeith, other whiles enjoying such delights as the banks of Bodotry or Fife produced, where he was accompanied with young spirits of noble extract, over whose nonage he had constituted guardians. The above mentioned commissioners were again sent unto Morton, who had the fruition of a more tranquill and solitary living in his retirement at Dalkeith, where they declared his majesties and councells pleasure to him, not once dreaming thereof, that he should deliver up the Castle of Edenburough, with all the appurtenances which he had received, and also the stamps for the coynage of money ; he upon the hearing re-delivered the stamps : in the businesse of delivering the castle, he was backward ; the delegates no sooner perceived Morton's procras tinations, then they declared that the place was not for tergiversations against princes, withall desiring him to beware of anger and impetuosity, and to cast his anchor of hope rather in the equity of his cause then in armes. But the commissioners receiving no answer correspon dent to their desires, departed, commanding the Eden burgians to do their endeavour in preserving the city from detriment, in looking to their own and childrens safeties; hereupon the citizens set a most strict guard with a prohibition of publike and private reliefe to be 413 allowed for the garrison souldiers. Hence issued a greater flood of division twixt the castillians and citizens then before ; this grew to a tumult, in which were slain some few of either side, but many wounded, because the uproar was without any leaders : at that time it so fortu nately hapned that George Douglas was both governour of the castle and provost of the city, so that he with the four bailiffs at length appeased the people for that time, untill the memory of the slaughtered was a whetstone to set a sharpe edge upon the Edenburgians, so that they surrounded the castle. The state being put into this turbulent posture, Andrew Earle of Rothese, Ruthen treasurer, and the Lord Harris, were sent with instructions to Morton from the king and councell, to admonish him to relinquish his pertinacy, and that his too much confidence reposed in one castle should not incite him to runne the hazard of a dubious and unnecessary war, which might cause the common peoples affections to be estranged, and their hearts ebulliate envy against him ; whereupon he consults with some of his friends about the delivering up of the castle : but the commissioners returning to Sterlin, related to his majesty what had beene incident. Much about this time David Lindsey Ea: of Crawford and John Leon Earle of Glaymes, chancellor, (men whose birth made them move in an high sphaere) were dissonants, not consonants : the discord arised from a controversie about their bounds, and fostered by envy and a bitter emulation twixt their followers, insomuch that they were at deadly feud. Glaymes for his paciferous wayes, mer- cifuU judicature in the civil law, prudency and moderation, was held in great repute ; the other being nervous by his strong affinities of noble descent, and great atchievements, his elegancy of behaviour, magnificence, and riches, ad- 414 vanced him to the title of Craford ; but as his life was inquinated with luxurie, so Glayms his dayes were adorned with many, and noble honours, being a pattern of gravity and dignity to others. It so fortuned that an unhappy altercation was incident at Sterlin twixt their followers, which came to that height that a hubbub was made, in which Glaymes was slaine by a buUet : He no sooner was dead then the dignity of chanceUor was trans lated upon Athol, one as he succeeded in place so accor ding to the common account in vertue and prudency ; the atrocity of Glaymes death, excited the mindes of most well minded men : but above the rest Thomas Leon was a most eager young gallant to revenge his uncles death, over whom was constituted a tutor, who strove to make fire and sword avenge his and his families injuries, making many devastations into the Lindseyes countrey, nor lesse bitter was the endeavours by the adverse party. These depopulations arriving at court, caused the king by the authority of his councell to dismisse delegates, which might declare a cessation from further acts of hos tility so long as the matter might be decided by law : in conclusion, Craford being apprehended was cast into prison for the death of Glayms ; yet by the earnest and ardent desires of the nobUity, not long after was safely dismissed; as he returned through Angus, the inhabi tants congratulated his freedome: this was like a new fuell to inflame Glayms tutor unto so vehement anger, as that Craford all his life was glad to stand in a souldiers posture. The deposing of Morton exalted the precisian hopes, in erecting the Genevian discipline, and diruating the epis copall wealth, so that pastors, deanes, and superintendents should rule ; these mens endeavours had been frustraneous by the procrastinations and delayes of the viceroy, while 415 the king was under his protection. Upon this a synod was held, wherein the cherishing of faction was more agi tated to the prejudice of his royalle majestie, then matters of divine worship : there the ministers decreed that the regency of ecclesiasticall affaires should be managed by superintendents, declaring that bishops ought only to take care of one church, not execute ecclesiasticall jurisdiction, relinquish episcopacy, and omit the dispensation of divine duties. The king by the interposition of his councells authority, withstood the synods decree, by revokeing. the businesse to his own breast. In the conflict about the prelatical! jurisdiction, the arch-bishop of Saint Andrews was the valiant champion to defend tlieir cause and dignity, beseeching with more than fiery zeale, that the dignity whose institution was divine, whose power for so many ages together liad stood inviolated in the churcli, might not now suffer shipwrack by this precise party. But the adverse cause had for their captaine Andrew Melvin, a man famous for divinity; yet give me leave to say his precipitate minde and anger overswayed his prudency : he vindicated an equality in the ministerial! function, and liberty in the church, admonishing the bishops to be of humble and meeke spirits, neglect riclies, not to follow the streame of the times, hungring after wealth and power, nor let pride or arrogancy domineer : for religion and the true worship of God would bee shipwrackt unlesse men tooke downe their top-sailes of pride, insolency, arrogan cy, unlesse they would cast overboard their luggage of riches, power, and honours ; remembring that naked they came into the world. But his majesty could not away with Melvins proceedings, because he withstood the pre latical! dignity, and arrogantly endeavoured to pluck the 416 plumes of the churches ancient authority, seeking to erect a statue of honour from the ruines of the bishops dis grace. Thus sick and ill disposed was the churches estate, and although the precisians were prevalent in number, yet there was not wanting nobles who stood as pUlars to up hold episcopacy : the king having communicated the businesse to his councell, and hearing their determina tions, made answer to the antiepiscopal! men, that he would himselfe governe the fainting church; tliat they ought to infuse and instill piety and subjection into the peoples hearts, abstaine from innovating any thing, to follow peace and concord, reverence bishops, and not be authors of dissention in these tempestuous dayes; this answer being given, there was not any to whom it was not conspicuous that the authority of episcopacie would rather be aug mented then diminished whilst his majesty was at under age. Thus the matter was crushed by a hand of moderation for the present, so that no other remedy was to bee had but patience ; when all hopes of reducing the clergy to accord was relinquished, it seemed good to the king and his most renowned nobles to declare their determinations about these present distractions, and admonish the clergy not to make any further progresse in the division : the episcopall party answered, that they were ready to submit to his majesties command, but their antagonists were alto gether refractory, continually after in a furious manner ensulting over the bishops in their pulpits, as if they arro gantly more eyed their own commodity and profits then their sheeps safety : an arrogant act of ministers : for what can be more arrogant then for an ordinary clergyman to teach the bishops in matters of religion. Thus you see many and vehement were the contentions 417 'twixt Melvin and the Arch-bishop of St. Andrews ; the arch-bishop answered Melvin (who contumaciously and haughtily railed against bishops in the open scliooles) with such an ex tempore eloquence, fervency, and gravity, de fending the honour and dignity of prelates, as that hee easily attained the applause : Melvin afber this neither would, neither was able to encounter with the arch-bishop in publike, in that he saw himselfe overcome by eloquence, but strived to contaminate his life by a satyricall epigra- matizing, stirring up the peoples hatred against him, omitting nothing which might any ways diruate the bishops authority. This bitter way of preaching, excited the tem pest to that boysterousnesse, as the church of Scotland was almost overwhelmed in the kings minority; for it laid a gap open for all dissentions to enter in. Anno Domini 1578. George Duglas, base brother to the Earle of Morton, being denudated of all aid which might manage the Castle of Edenburough, knowing likewise that there was an irreconcileable hatred fostred in the Edenburgians against him, he begun to feare least that the sight of the garrison souldiers should rake up the coals of revenge in the citizens hearts, and cause them burne to the height of a plebeian commotion, to avoid which he dismissed his men by a devious posterne ; after that delivering up the castle, with the ammunition, furniture, pearles, jewels, and robes unto Alexander Erskin of Gogaran, whom the king (in that he saw modesty, honesty, and fortitude advanced in his soul) made to be lieutenant of the same ; he both for his owne memory, and others satisfaction, took an in ventory of such things as were left, in the presence of 2d 418 Ruthen, treasurer, the Lord Lindsey, and Alexander Hay publique notary. The government of tbe state being a burthen too sad for the kings tender shoulders, caused a convention of the nobles to be summoned, to consult about the admimstja- tio of the kingdoms affaires, which was put into the hands of the most renowned, the Earls of Arguile, AthoU, Montrosse, Catnesse, the Lord Lindsey and Harris j to whom were adjoyfted an equall number of the most emi nent clei-gy, and men of especiall note about the court, Ruthen lord treasurer, the Abbot of Dumfeiiein, secretary, George Buchanan, keeper of the privy seal. Murrey of TiUiberdine comptrouler of the kings house, James Magili master of the rolles ; and they were to continue in their places untill his ijisgesty arrived at maturity of age ; these men as skilfuU pilots steered with such art the common wealth, as that for a while matters succeeded with more serenity : their eares were open to bear the complaints of the poore, whose faces were grinded by the tyrannous oppression of the mighty, and under their wings they shrouded themselves : many other lawes were made as pillars to confirme tbe state of the kingdome, amongst the rest, whatsoever grants, charters, letters, patents, im munities issued from his inajesty, not having approbation of six of his counsell, and the subscription of tbe lord chancellour, were to bee of no validity. In these tempestuous blasts appeared that preheminent vigUancy and Industrie, which AthoU lord chancellor had over the weale publique; the execution of the lawes were his exercitations, his princes safety, created him watchful!; and he gave many demonstrations of an egregious and faithful! counsellour ; and that the rather because the Earle of Morton, who having eased his shoulders of the burden of the kingdomes affaires, not swimming against 419 the streames of envy and fortune . betook him to his re tirement at Dalkeith, where hee disburdened his body fiom labour, his minde from perturbation, being no wayes mo lested by any court ambition, affirming that the adminis tration of the state matters, and domination over terrene businesses was an atlantian imposition; and these were no clandestine speeches : yet the sting of his injuries stUl yeelded so much purulant matter, as that his machinations were privately to foment and foster suspitions amongst . those of noble extraction, inaking their divisions his gain ; and to accomplish his ends, he encounters with that thrice noble and famous young gallant John Earle of Marr, with no superficial! craft ; for hee told him that his unckle Alexander Erskin, (who was growne great by the additions of fortune, and the princes education) did exclude him from all hope of honour, so that it stood him in hand to be no more a dor-mouse, but as the top branch of that noble family, to awaken, lest these priviledges purchased by his ancestors hands should be deposited in his uncle, a thing inconsistant with his felicity : the words of Morton, who for his singular prudency was esteemed both by the commonalty, nobility, and clergy an oracle, were prevalent over the novice spirits of this young nobleman, (wlio had a genius ingenuous, above the ordinary level!) so that he became incensed against his uncle Alexander Erskin, be cause he had without any respect shewed to the Earle of Marr, behaved himselfe as the chiefe of that family, and usurped the princes tutelage : this active gallant takes his way towards Sterlin with a traine of friends and servants of no small number, not at all declaring whither his in tentions tended ; but presently possessetli himselfe of the castle, apprehends his uncle Alexander, who either was taken at unawares, else betrayed by some of his foUowers ; so he laid downe his office of governing the castle, and 420 prince at once. The Earle of Marr likewise acting rather by force than counsell, detrudes Arguile from his trimes- triall observancy, and to those of his servants who were superlative faithfull hee committed the castle : in this com motion there set a starre, (I would have said) the gallant and illustrious sonne of Alexander Erskin, falling into a violent fever; or if the conjectures of others may be of authority, the resentment of his fathers calamities pene trated his soule so deeply, that he departed this pilgrim age. This siibitaneous and boysterous disaster being carryed abroad by the wings of fame, caused the nobility and counsell to meet in a hostile manner at Sterlin, where foure dayes were spent in deliberating about the publike quiet, and the kings safety, whose age delivered him into the hands of others to be ruled. Arguile as plaintiffe layes his bill of injuries done by Marr, (who onely was Mortons instrument) hereupon Marr was summoned to answer such crimes as were ob jected against him ; but his noble descent and demerrit of progenitors did purge away this act of green impuden- cy ; the king and the counsell prevailed so farre with him, as that he studied to preserve the publike tranquility, as also to quash all occasions of intestine discord, and civill broyles ; the counsell strive to reconcile AthoU, Arguile, and Morton, Marre, and his uncle Alexander, appoynting twelve men, chosen by both parties to determine the con troversie, the commissioners composing the differences were men of more than ordinary authority, who met at Edenbrough, there to define and decide the variance ac- cording to the rules of law. These disputes 'twixt uncle and nephew were laid aside by the determination of the arbitrators, which was, that the young Earle of Marr should be held the most noble of that 421 family, should solely bee governour of the castle of Sterlin, and guardian to the prince, according as his ancestors had beene : but if hee should goe to his grave, not leaving any issue, then the honor to be translated unto his uncle : for the present, Alexander was to keep his regency in the castle of Edenbrough : as for Morton, although he was dejected, and involved into misery by the precipitate fury of Arguile and Athol, yet he would have condiscended to any reasonable conditions of concord. Thomas Randolph, whose many legations had made him exquisite, was received into Scotland with the smiling face of the kingdome : his embassage was a congratulation of those rare and various ornaments of so miraculous in genuity which were conspicuous in the king at such an age, hee commemorated the many endeavours and favours issuing from his princesse the Queen of England, withaU, he demonstrated to AthoU, Arguile, and Morton, how that nothing was more desireable then concord and pub like tranquility, nothing worthier detestation then discords and dissentions, which by devastations and solitude, swal lowed up the beauty of alliances, families, townes, king- domes : he did therefore by a more then superlative ardency beseech them to let all these private grudges arising from hatred and envy to run the race of oblivion : his last request was, that Arguile would restraine the islanders fiom sub- levating the Irish with further aid, provision, and ammu nition : but this last desire appeared in the species of an unjust request, because Agnus and James his brother Lord of the Isles ; and Surly Boy, or Charles, who from a niarke in his body was sirnamed Yellow, being discended from the Mach-Onales, were wafted over with a great strength of their followers into Ireland, and possest them selves of that part of Clandebois adjacent to the Isle of Racline, which they supposed to belong unto their anees- 423 tors and the family of Mac-Donalds: they performed many valiant atchievements and bloudy dispntes against the inroders in Ireland : but Shan O Neale slaying Agnus and James, so excited the family of Mac-Coneales, as nothing but the bloud of Shan O Neale could quench the flames ; Donell and Agnus of the same line reassumed arms, and seize upon Clandeboy as an heritage for them and their posterity, causing their swords enter controver sie with the English, not without cadaverous and ambi guous events ; nor did they sheath their swords untill her Majestie of England assured them of their possessions in Ireland ; this caused Arguile send aide privately and fur nish the Irish with all conveniences to prosecute the waire against the English. In the interim the deligates consult with his majesty, for a reuniting of the nobility (if by any meanes it might be affected), the result of their consultations was, that the day insuing the antagonists should convene in the middle way 'twixt Dalkeith and Edenbrough, where when both . parties came, Morton with a guard of his friends, AthoU and Arguile, with three hundred expert horse-men, after salutations ended, they all went at the entreaty of Morton to Dalkeith to dinner, the next day brought them to Ster lin : in the way they were met by a conflux of people, which came from the neighbouring townes to congratidate their amity; nor was the court, imitating his majesty, inferiour in rejoycing at their entertainment ; and while they were j'et comming, thanks flew into their breasts, the heavens being filled with acclamations of alacrity. Mor tons prudent behaviour and sweet moderation was an attractive to draw the kings approbation ; so that he had him in more high esteem : nay, the commons, as if tread ing in the kings steps, adorned his brow with the wreath of praise. 423 He in the interim being not ignorant how turbulent a storme of envy approched, ingendred from those ruines of malice, harboured in the nobUities hearts, did what in him lay to attract unto his faction by the loadstone of fa vours, riches, 'potency, by conferring court offices, and pub lique preferments on divers persons, his liaughtinesse was grown to the height, that he could no longer dissemble it, but abolished the trimestriaU vicissitude of ruling, and now hee will trample upon the neck of his adversaries, foaming with anger, rusheth headlong to his own ruine ; thus hee added fuell to the sparkles of malice which was not defunct, but rather raked over with ashes in tlie breasts of Arguile, AthoU, and Montrosse ; He challenged the second place after the king to be due to him at Ster lin, usurped or rather monopolized the steering of all things ; This irritated the leaders of the adverse party so far, as to draw up a most bitter satyrical complaint against Morton. How that in administration of affairs hee had beha ved himselfe like a Ubidinous, proud, covetous creature : that hee who because hee sold himselfe over to avarice, was degraded from regency, now by serpentine windings strives to obtain a continued magistracy, that hee usurped his majesties authority by act of parliament taken from him, swayed the scepter in the interim, abolishing tlie constitution of serving the prince by course, enervating the authority of publique counsell, that his breast might bee the oracle on which the prince might solely depend for counsel and authority: they proceede likewise to let the privy councel and select nobility understand how that his arrogance and violence were inconsistent with legi timate magistracy, desiring not to suffer such unjust power to sway : but if hee should contemne the king's minority and councels authority, then they would be pro- 424 pugnators of such wrongs ; but in conclos-ion the citizens were desired to take armes for the bringing to condigne punishment such as strive to enervate the force of parlia ments, which was the subjects freedome, against such aa had demolished the trimestriaU vicissitude of giving coun sel, and solely usurped authority over the. kings majestie. His highnesse was at a stand, not knowing to what this swelling would prove, however bis royall resolutions were fixed on a meeting to be held in July following, which he divulged by letters, summoning the peeres and the anta gonists to appear in parliament, where they should expect justice. The place for convention was Edenburough, where many of the noble order were assembled, who secretly enter covenant one with another : this arriving at Mortons knowledge, he determined to make fractions of that whole parliament at Edinb. which derived its autho rity from the weak age, and constitution of the prince, affirming that the place was destitute of pleasures and health, that Sterlin was a place more commodious. Ar guile, AthoU, and Montrosse, the innovators, proposed the contrary, that such of the nobility as assembled at Sterlm did not legally congregate, tliat Edenburough the place appointed was pat for the busines in agitation, that the meeting at Sterlin, where the Earles of Morton and Marre recided at court, were full of armed souldiers, that the concourse of people might open a gap to their enemies, so that there could not be any security for life or free agi tation, when surrounded with fears of an overawing power : besides this was an affront offered to the major part of the nobility, who had chosen Patrick Lord Lind sey as a commissioner to let his majestie know thereof. The kings answer to their remonstrance was, that hee would take care of the nobilities security if they came to Sterlin, by putting the citizens in a defensive posture 425 against any subitanious commotions or accidentall vio lence, so that jealousies of an overawing power should be taken away. But the time for meeting grew neer, and according to their wonted course, the peeres were summoned to give their votes in the court of the Castle at Sterlin, not in the Common-Hall, according to the usual course, al there present accorded without reluctancy in matters of reli gion, and the true worship of God : there deliberations were unanimous and univocall in affaires of state. The Edenburgian nobles decreed to declare by their commissioners Montros and Lindsey, that the convention had in the castle of Sterlin was against the fundamental! laws and auncient prescript, nor was it legal!, withall protesting that what ever was there acted, to bee illegall, disorderly, and of no validity, seeing the major part of peers was absent for feare of death. The delegates com ming to SterUn caused a sodaine and frequent convening of the nobUity to heare what propositions were brought : where the king's highnesse being adorned with his purple robes, scepter, and other majesticaU ornaments,' answered that it was not materiall in what part of the city they met, in that care was had of his safety against any ap proaching ruine, that the court was ready to entertain any, exclude none, that their not convening in the Com mon-Hall should be no prescript to posterity, that none went about to prohibite his moderate tutelage, but hee enjoyed the same liberty, which was granted to his ances tors : that it was his sole desire not to innovate any thing against his predecessors lawes or institutes, nor enervate the authority of parliaments, nor yet revoke the houses suffrages, that which the parliament had proposed to his majesty, or which the states ordered, the same ought to be established ; that it was unjust to suppose the opinions 426 of some few should countervaU the votes of the whole house, for no other cause then inane jealousies which their guilty consciences dictated : Lastly, he demon strated that all acts had passed legally and rightly, appro ving the parliaments authority by open proclamation, and commanded that Montrosse and Lindsey should be un der free custody, separated from the commerce of all, to impede coUoqiltion and negotiation of counsels twixt them : but Montrosse made his escape by the keepers fraudulency, notwithstanding divers horsemen were sent to prosecute and bring him bade. Hee upon eagles wings posting to Edenburough, where in the convention of the nobles, he declared their eminent dangers if prevention were not had, and force resist force, so that such injuries should not be unreven- ged. The fomentors of these stirres put themselves in a posture of war, the families of the Humes and Cars sid ing with them. Having consulted what was to be acted, they rayse forces, and imploring aid of their allies, attendants and friends, they march forward with some troops of horse and foote, promising them pay, declaring that their taking up armes was to set the king at liberty, restore the nobi lities dignity, and the liingdomes safety and liberty. The kings majestie, although begirt widi this sodain commotion, yet undauntedly declared by Mortons advice, that unlesse the chiefes of tliat faction would lay downe their armes before sucli a day, let them expect to be dealt withall as common enemies to the state. These as cracklings of thunder nothing amazed them, who couragiously prosecuted their enterprize, villifying an herald sent lo them and his message, rending the princes letters, so that they make a commixture of divine and human thhigs. 427 On the contrary, Angus, Marr, and Morton, doe the same for their own defence at Sterlin, besides many of the nobility come thither upon the consideration of their princes safety, and their owne affection, with a great con course of the commonalty. Athol, Arguile, Montrosse, and their friends, with 10000 armed men, pressed in their march many High-land men or mountainers asso ciating, pitched their tents in an open field nigh the Chappel Nary. The next day Kennedy, tbe chiefe of that family, and Berganie, with 400 gallant horsemen, conjoyne themselves ; the nobility would not move fur ther, having greater hopes in the besieging of Sterlin, then in its oppugnation. But Angus, in whom was deposited the chief strength of the kingdom, marched before with a. party of 500 horse to scout out and take all straglers and pUlagers, thence arise a light skirmish twixt the horse, whUe Mar and Morton leading up the army, consisting of a promis cuous multitude, encamp themselves in the fields adjacent to Sterlin, obstructing all passages, and keeping strict watch : this done, the troopes retreated. One thing is memorable, William Tait, a fierce man of Tevidale, de sirous of honour, challenged James Johnston, servant to the Lord Glayms, a man whose valour was found true upon the touchstone of experience, who embraceth the challenge, causing his spurs give an alarm to his horse, couching his launce in his rest, rage was so prevalent in the encounter, that either sheathed their lance in the others body : Tait being deaths prisoner, fell from his horse, the launce (as if detaining that his masters antago nists should survive) being fastned to Johnstons thigh Qjgh the horsej overturned him. WhUe this tragedy was on the stage. Sir Robert Bowes the English embassadour intermitted no time to 428 mediate a peace by his progresse and regresse twixt the opposites, sometimes beseeching the nobles to commi serate their own fortunes, and looke backe to his majesties incolumnity; after a long time spent in debate, it was concluded by this intercession, lest fraudulency might issue from the fomentors, or lest the armies might for- rage, both parties were to disband, only some few horse were to be kept on foote for restraining the borderers from plundering: Arguile, Montrosse, and Lindsey, were selected privy councellours ; and eight men were appointed commissioners to determine the controversie amongst the nobUity, to nominate the governours of Edenburough and Dumbarton Castles, to reduce the nobility to their lustre, and to preserve the laws and cus tomes of the kingdome. Thus when the armies were ready tp drown each other in blood, peace as the common good for all Scotland (in her white robes) appeared ; but its continuance was mo mentary, notwithstanding the promulgation thereof by proclamation in the city royall : the nobles hereupon take their journey to Edenburough, that their faction might be confirmed in strength, by the accesse of the families of Gordones, Lindseys, and barons in Fife, the High-land men depart home. In the interim his majesty, whose desire was publique serenity, bends his news to pacifica tion, admonishing the chiefes of either party that jars and dissention were ill beseeming privy councellours : and to consummate the discord, he proposed these lords to be moderators, Lindsey, Harris, Ogilby, Innernesse, for Arguile ; Rothesse, Buchan, Ruthen, and Bode for Mor ton. The commissioners neither seeking excuse or de lay, goe about the conjunction : after a long debate held at Sterlin, it was concluded, seeing dissentions were ob noxious to the nobility, mortiferous to the crown and 429 state ; on the contrary, peace was the onely safety of the kingdome : The nobles were not only to extirpate dissen tion, but consummate the warre, so that instead of mali- tious enemies, they should become friends, and instead of mortall enmity, there should be immortall friendship. And although there was not omission of any thing advan tagious to concord, yet the breach could not be repaired ; for Arguile knowing Morton's insinuations was so obsti nate as no conditions would be embraced, unlesse the other was debarred of all commerce with his highnesse : Whereupon Morton perceiving himselfe unable to grapple with the nobilities envy, and defatigated by the procrasti nations of these present troubles, having taken his fare well of the king, departed the next day, many of his friends bringing him to Dalkeith. Afterwards he allayed the furious animosities of his adversaries by the lenitives of prudency and moderation, asswaging that execrable hatred with vertue and observancy. The matter now was in that posture, as that the sup porters of this controversie were become friends, and their retinue even sought opportunities to congratulate each other : ten men were select for further conference, the Earle of Montrosse, the Abbot of Newbottel, Sir James Balfour, knight, Thomas Kennedy of Bergany, and Peter Hay were constituted for the Earles of AthoU and, ArguUe ; for Morton were the Earle of Buchan, the Abbot of Dumferlin, the Lord Boyde, Sir John Gordon of Lothenwar, knight, and James Halliburton of Dundy. The place for convention was at the church of Innernes, the time was likewise agreed upon : after some days the delegates met in the adjourned place, where they were invironed with a great multitude of their friends and fol lowers ; the next day they returned to Liberton, (in that it was conceived placentious) where the day was consum- 430 ed in deliberating, but yet they could reach no harbour ; the next adjourne was to Newbottell, where at last they struck anchor in the haven of concord ; but because the principali parties were absent, there could be no transac tion to the fuU. It was concluded that Morton, AthoU, and Arguile, should meete at Leith without any weapons, where after an interview there passed a most benigne and humane congratulation, having obliterated aU dissention caused from diuturnall jars, they communicated them selves each to other at a publique banquet, an act produc ing an unspeakable gladnesse of the commons, and no lesse joy of his majestie, who having his kingdome once againe in tranquility, called a convention of the nobles at Sterlin, where he congratulates those who had been stu dious to cause domesticke dissentions and intestine fac tions to acquiesse. This royall act of thanksgiving in flamed those noble spirits to discusse what ere might be commodious for his majestyes safety, authority, and dig nity, his families magnificence and splendor. The lord of the privie councell, to sublevate the indi gency of the kings coffers, declared by proclamation that the kings coyne should bee of greater value, this was overbitter a potion for the citizens to digest, who had learned in the schoole of experience that the augmenta tion of price on silver, induced the augmentation of price on victual and vendible commodities, besides greater de triments would ensue to the kings revenues, exchequer, and patrimony ; but the lords threatned to imprison such as refused obedience, yet the feares of prison could not deterre them from obstinate contumacy ; upon the neck of this proclamation issued forth another to proclaime them traytors which refused, the terror hereof caused obedi ence ; this austere course was fathered upon Morton, m that hee had tryed all waies to raise monies. 431 Tlie precisians would not suffer their plea to fall this yeare, being invested with a perpetuall and constant desire of overturning the prelates, for the bishops had not pre valency either in authority, or favour, to withstand so numerous opposites ; according to the desires of these pre cise men the parliament first handled religion, enacting that all his majesties subjects should professe the reform ed religion, and wholy extirpate popery ; and the statutes made in the protectors regency for its establishment were decreed to stand in force. This year ^Margaret Douglas yeelded her selfe to the coacting lawes of contraries, a woman of a princely ma jestie, in the 63 yeare of her age, descended from H^nry the seventh, for Margaret, his elder daughter, was as signed for the imperiali crown of Great Brittain, and by the applause of the nobles and commons betrothed to James the fourth, of whom sprung James the fifth. After the candle of James the fourths life was extinct, Marga ret, who was his espoused, tooke to husband Archibald Douglas Earl of Angus, the flower of the Scots nobility, by whom shee had Margaret Douglas at Harbotell in Northumberland, Matthew Earl of Lenox married this Margaret, he was a man of renowned progenitors, who having left France, came into England, where Flenry the 8 adorned him with unparalleld honour; for besides the large possessions hee invested him with in Yorkeshire, he obtained for hira Margaret Douglas, his sisters daugh ter ; from the conjunction of these two great stars, Henry Stuart Lord Derly issued : this Henry tooke to wife Mary Stuart, Queen of Scots, allyed by consanguinity before, which Mary brought into the world James the sixt, King of Great Brittain ; this most zealous and thrice noble lady had the checkers of good and bad fortune, which posterie wil memorize for externall lineaments 432 and internall ornaments egregious ; her descent was re- gall, the fruit of her womb and their nnmerosity was no lesse. While King Edward wore the crowne in honour, but novercating fortune (lest this lady should be oblivious of mortality) overshadowed her fair haven of prosperity with many inconveniences of humane frailty : Shee was supervisor to 8 of her children, thrice imprisoned for affecting loves, ' not for any crime against the crown or state : the first was with Thomas Howard, the Duke of Norfolks son, whose ardency in love was so violent, as that he wanted abUity to allay the perturbations of his minde : the next cause of restraint -was, that her sonne, Henry, Lord Derly, had entered a conjugall tye with Mary Queen of Scots : the last was by reason of the marriage consummated twixt Charles, her younger son, and Elizabeth Candish, mother of Arbella; thus the chaste and legitimate law of matrimony contruded this most faithfull woman into prison (where shee was more sensible of the adversities then prosperous estate incident to her owne famUy) this act of imprisonment was rather supposed to proceede from the indignation then dignity of Queene Elizabeth : yet after the perpetration of her sons murther, the Lady Margaret enjoyed her liberty: but the repute which had risen from vertue was perma nent, not that which was daub'd over by infelicity. Shee was invested with supream honour, her exequies were solemnized at Westminster, where her bones were eii- tomb'd amongst the kings of England, an elaborate sepulchre, an heroicall elogium erected: Shee left be hind her a nephew and a neece, James the sixth, and Arbella. About this time his majestie sent the Abbot of Dum ferlin to congratulate her majestie of England for her mutuall affection towards him, for her desire of peace 433 and concord ; after the congratulation was ended, he de sired her highnesse to reestabUsh the league of Edenbo rough, to cohibite the tumults upon the confines, to com- presse all machinations against religion, to make restitu tion of such goods as had beene violently taken by the bordering robbers, to perpetuate the amity between the two kingdomes, and if it were possible to connect them in a more restringent tye of covenant. Lastly, he desired, as heir apparant, the ancient patrimony of the house of Lenox in England. The queen answered shee was ready to grant any mu tual league for the tranquility of either kingdome, and security of religion : but as for the patrimony of the Earl of Lenox, it was of more difficulty then to expedite in so short a space, besides it was a matter fit for consultation ; seeing the embassadour had demonstrated by many argu ments and historicall examples, that the king of Scots was heir by an undoubted title to his ancestors patri mony, and that was the proper patrimony of his majestie, which was a sustentation for his negotiations ; whereupon hee earnestly supplicated her highnesse that the estate conferred upon the kings ancestors in the county of Hun tington, successively by the kings of England, should not be denyed his majestie, which was her neere kinsman. After a long debate, Queene Elizabeth remitted the busi nesse to her councell ; they to divert the embassadour from it, required the states of Scotland to give assurances that the K. while he was in his minority, should not enter or renew league with any without the queenes knowledge thereof, or solemnize matrimony, or be trans mitted out of Scotland ; to these proposalls the embassa dour gave response, that his commission reached not so far, but the patrimony for the present was not restored, yet her majesty put him in hope of reaping the profit. 2 E 434 Anno Domini 1579. 'The Earl of AthoU lord chancellor in the infancy of his yeares, by reason his disease augmented its vigour at Kincarn, was deteined in a vUlage belonging to Mon trosse, where not long after he yeelded nature her due ; the anxiety of his minde brought him to his exit, or a delaying and consuming poyson took him hence, accord ing to the supposition of some (which I rather credit) in that all the symptomes and paths of poyson were ap parant in his cadaverous bulke ; the obsequies were cele brated by a convention of tears, multitudes, and a ban quet at Edenburough, in Saint Giles Church, where aU the ceremonies conducing to honour, were executed : upon the tomb stood the effigies of a pellican delacerating her breast with her beake, to give the young sucke, inti mating that hee was ready to sacrifice his blood in de fence of the kingdome ; the suspition had of AthoUs death fell sad upon his corrivall Morton. Hence was it that after the solemnization was consummated, grievous contu melies were injected upon him, and Athols lady even wearied with a more tedious sorrow, sends forth sad com plaints ; in fine, an apparition of reconciliation appeared twixt his accusers and him. ArguUe, one who suspected and abbominated the thoughts of his friends death, suc ceeded him in the place of being chancellour. Tbe king, although milde towards his nobility, yet was inflamed both by instigations of Morton, and his own anger against the Hamiltons for the slaughter of his grandfather Linox, and Earle of Murray, regents, as also for other notorious crimes abolished in the yeare 1573. This much honoured familie Morton determined, since they were dimoved from court, to follow them with fire 435 and sword : and now that Morton saw his corrivall AthoU to be re-entered into the earths womb, he began to dilate his malice in remembring affronts, and seeking to revenge them ; and as it became him, sought to secure himselfe, opposing in an hostile manner the grand ene mies of Lenox. John and Claud, the most glorious stars of the Hamil tons, perceiving that tlie enemy surpassed them in num ber, determined to secure themselves in strong holds ; but remembring that a sodaine irruption might circumvent them, they desisted, choosing rather to trust unto flight and nocturnall shades. The Earls of Mar, Angus, and Morton, marched with their allies, retinue, and souldiers, into the Hamiltons possessions, the rest of the nobility and citizens, accord ing to the councells decree, were to send aide, the earls sent forth parties of horse to give the Hamiltons an alarm, and so provoke them to fight, but they durst not so much as fall upon the straglers ; hereupon they laid the parts adjacent to Glot wast, burning houses and plundering the countrey, approaching close to the Castle of Hamilton, planting their pieces, and stopping up all passages, the place was fortified both by its naturaU site, and strong garrison : but yet the defenders being impa tient to endure a siege, desire pardon, and onely leave to depart with their lives : the Abbot of Driburg was pre sently dispatched to his majesty at Sterlin, who answered him that it became him not to treat with men who by treachery, unhumanly butchered his grand-father Lenox : but they ought to be esteemed as men already con demned for guilty, and begging life upon the delivery of his majesties answer to the besieged, there arose a great strife about the delivery up of the castle betwixt the guilty and innocent : but whUe they disagreed within. Sir 436 James Hamilton surprized the Castle of Dreffon, putting to the sword all such as withstood him ; and the Earle of Glencarnes sonne, cutting of the watch, po'ssessed himselfe of Paslet : thus tbe race of HamUtons was circumvented, sub-planted, and put to the sword by the treachery of in habitants, and domestick dissentions: for these losses drives them into such straights, that seeing their deplore- able condition, the guilty desire to surrender themselves up to his majesties mercy, who onely caused some of those that were actors in the parracide to be executed, and their goods confiscated, the residue were pardoned : thus tbe king shewed himselfe equally mercifuU and just : he kept garrison in the castle to suppresse any insurrecj tion. In tbe interim John and Claude, the sonnes of the Duke of Castleherault, seeing no safety to consist in armes, and tbe kings forces to be in severall places, fled forth of Scotland, for fear of Anguse, Marr, and Morton ; when they had reached a place of refuge, they take counsell whether it were better to try the mercy of the French or English, although Queen Elizabeth was great with anger against the Hamiltons, for siding with the French fac tion ; yet the sublunary vicissitude, and renown of their progenitors, excited her majesty to give them an harbour and refuge for tbe weather-beaten boat of their fortunes ; and she sent Master Errington unto his majesty, earnesUy to intercede for them. Tell me, did he ever come forth of his mothers womb, who to behold those miserable objects of a most strange fortune, with their deare wives, and sweet children foUowing them, would not have burst forth into commiseration ? and were they not the more to be pittied, in that they rather chose thus to be afflicted, tlien raise civill warre in their country, which surely they might liave done. 437 Much about this time did Mary Queen of Scots, being now an exile, desire her majesty of England, in some convenient time, to take into consideration her miserable condition ; and if neither consanguinity, or her being borne a free prince, although beaten out of her kingdome by a detestable rebellion of subjects, could not mOve her, yet let pitty prevaile to suffer her reigne together with her son, which she supposed would be an unparalleled act of clemency. But these her petitions, and humble obsecra tions, could not revoke Queen Elizabeth to lenity and commiseration, in that having consulted with the Scots, they made answer, her liberty would involve their nation into a most sad and destructive warre; for she would labour to revenge the injuries done her, diminish the young kings authority, and change the state of reli gion. The Queen of Scots being commoved by the greefq faUing from such hopes, earnestly intreated the Kings of France and Spaine not to suffer her who was allyed to them by consanguinity, nobility, and degree, to perish in prison ; but to revenge these indignities, late rebellions, and plundering of her subjects ; these motives were pre valent with the kings, who fostered a hope of restoring her to liberty and former dignity. Secretary Nay, a French-man, was immediately dispatched into Scotland with letters, ayd private mandates from Queen Mary, where he arriving, required to have admittance into the kings presence, to consult about the state and condition of his mother: his majesties counsell having read the title, runnmg thus: Queen Mary to James the Sixt prince of that name, stormed vehemently thereat ; inso much as they would neither entertaine those haughty let ters, nor messenger ; both because that instead of writing to the king, she had writ to the prince, as in diminution to 438 his authority, especially seeing the king was lawfully en throned by her consent. The messenger notwithstanding pertinaciously assevered, that the power of regency was in the queen mothers hands; the privy counsel there fore determined to remit him answerlesse, unlesse the queene would rectifie that fault, and write to the King of Scots, which if she denyed to performe, shee might sur cease in hoping to receive her desires. The monsieur being hereupon irritated, incontinently departed: The Queen of Scots understanding by him, how there was no way to impetrate any thing, unlesse shee renounced her title, subscribing not onely to her son, but also to his majesty. The court was spread over with notorious libells, which spoke sometimes poetically, otherwhiles oratorically, be sprinkling Morton and other illustrious nobles with ob- liquie. The authors of these spurious brats were one Turniball, and one sirnamed Scot, who after judgement past on them, were executed in the market-place of Ster lin, after an unusuall manner ; for the custome was to punish libellers either with temporall banishment, or con fiscation of their estates. Morton, by vindicating his quarrell in this more severe manner, became odious. These things thus in agitation, there came into Scot land Amys Stewart, Lord Obigny, so called from Aubig- ny, a village in Aquitaine, who was lineally descended from Lenox, being the sonne of John Stewart, brother to Matthew Earle of Lenox, who in the kings minority was regent : this Amys Stewart was supposed to have beene sent over by his neare allyes, the Guises, to subvert reli gion ; or, as others thought, Montrosse and Arguile sent for him to overturne Mortons authority ; or at least to break the truce 'twixt England and Scotland : he arrived at Leith, where his majesty commanded that he should be received with especiall honour, and so in great state 439 he was carryed to Edenborough ; from tlience to his ma jesty at Sterlin, where comming into the presence cham ber, he prostrated himselfe, desiring the King of Heaven to blesse his majesty with perpetuall felicity : No sooner did the young king see him, but in that hee was so neare allyed in bloud, of so renowned a family, eminent orna ments of body and minde, tooke him up and embraced him in a most amorous manner, conferred on him pre sently a rich inheritance ; and that he might be imployed in state aflFairs, elected him one of his honourable privy counsell, gentleman of his bed-cliamber, and governour of Dumbarton Castle. But this trumpet of fame being heard over all Britaine, begat envy, especially because Obegny attracted the Scots to the French amity, and attempted to revoke Thomas Carr of Farnihurst, a faithfull servant to the exil'd queen, from banishment : You may be pleased to look back to the original! and discent of Lenox in France, John Stew art of the same line, in the reigne of Charles the seventli, when open war was proclaimed 'twixt England and France, transported an army over for their ayd ; for which hee was created master of the horse, in a conflict at Bauge overthrew the English, so that he wonne a pos session in Bai-ry or Bulges : in the reigne of Charles the eighth, Bernard, of the same house, was held in gi-eat repute for prowesse shewed in the Neopolitane warre, subduing Italy, and vanquishing Alphonsus King of Arragon. Indeed, hath any historian sufficiently col- lauded the worth of this man ? but he having no issue, he conferred his estate in France upon John Stewart, his cousin : after him were John and Amys, both valiant, if their times had called for proofe thereof; both tooke their repose in the civill warre. This man was of a milde genius, if the chariot of his minde had not been driven by 440 violent perswasion, he was ready to relinquish troubles : his fidelity to his soveraigne was unblemished, love to the nobles great, fortunes darling for three yeares, afterwards the subject of hatred and domestick troubles : to say no more, he shewed liimselfe worthy of his progenitors, and family of Lenox. His majesty summoned a parliament to be held at Edenburough the thirteenth of October, where he resolved notwithstanding all mutations of weather to be in person ; nor indeed could the raine, stormes, hideous blasts, and lowring heavens, dimove him from undertaking this neces sary journey : upon the way from Sterlin to Edenborough, he with his nobles and followers were so weather-beaten, that it was night ere they came to Limnough, where lodg ing that night, the" next day they came to Edenborough. And on the first day of the parliament, hee being invested with his regali robes, bravely mounted, rid in great state through the city to the parliament house, tbe nobility and clergy, according to their degree, going before : thus was his majesties entrance into the principality solemnized with great splendor ; the imperiali ornaments were sup ported by Archibald Douglas, Earl of Angusse, CoUen Cambell, Earl of ArguUe, Robert Steuart, Earle of Lenox. After these came his majesty, adorned with the rayes of imperiali glory, his retinue and servants waiting upon him : This rare spectacle was an attractive to draw the multitudes eyes after it ; so that they follow the king with clapping of hands, venerations, and prosperous wishes : ascending his tribunali, in few words he briefely declared to the lords, having taken their places, that this concourse of the states elevated his soule on the wings of alacrity, seeing it tended to the establishing of the com mon-wealth, that he was conscious how his nonage admi nistred occasion of commotions, that he reposed his chiefe 441 hope pf tranquUity, peace, and concord, in their wis- domes. Lastly, he calls God to attest that his intentions aymed onely at the preservation of religion, subjects safe ty, and kingdomes security. The parliament first cast their eyes upon religion, enacting that those solely should bee esteejned members of the true church, who professed that forme of confes sion agreed upon in parliament 1567. And agree to the prescript of administring the sacraments in act and will ; that no religion was to be esteemed orthodoxall in doctrine and discipline, save that the Scots embraced, in the present. The nobility were not to transmit their sonnes into forraigne countreyes, unless having a warrant from his majesty : which obtained, the travellers were to oblige themselves both by oath, and subscription, that they would observe inviolably the doctrine and canons of the church of Scotland, that every family should have and retaine a Scottish bible. The power of ministers was likewise confirmed to preach the gospell, administer the sacraments, to censure mens behaviours, and chas tise delinquents, the discipline erected publikely by bishops and the super-intendents suffered diminution, although as yet no synodicall act had passed for their abolition. The next thing agitated was that of the Ha miltons ; many of the nobility demonstrated the equity of their punishment, returning his majesty thanks and praise for his care had therein, John and Claud Hamilton, whose veines flowed with noble bloud, and other fifteen of especiall note in that family, upon the discovery of the murther, by a generall vote were held rebells, for the death of Murrey and Lenox regents, to have their estates confiscated, which were no lesse delicious then fructiferous booties. The next scene which came upon the stage was the donation of Paslet to Obigny, and Arboth 442 to Marr : There were not wanting some, who even burn ing with anger and revenge, excited his majesty utterly to abolish the name of Hamiltons ; and the chiefe of these men was Morton : but the king having more respect to his honour then their fury, would in no wise condiscend to this unheard of cruelty, supposing it rather fit to apply such remedies as the lawes prescribed. There was a remonstrance delivered to the house con cerning corrupt judicatures, depraved judges, favour, bribery, covetousnesse, that the lawes were invalid; nor indeed could they suppose any use of law, seeing that the chiefe judges had their judgement in their owne breasts, and the lawes extended not to the punishing of wives or servants corrupted with gifts. The parliament to augment his majesties treasure, re voked all annuall pensions, which were conferred on divers persons in, the kings minority. The donation of the Earledomo of Lenox translated to his uncle Charles Stewart was revoked, and by act of parhament conferred upon Robert Stewart, brother to his grandfather, who willingly resigned it to Obegny, being afterwards Eaiie of March : Obegney was first created Earle of Lenox, afterwards ascended to the honour of Duke. The state thus constituted, the Hamiltons repressed and condemned both by law and act of parliament, the king at his comming to the crowne, won the hearts of his subjects by his religious behaviour, strict oeconomy, faith full followers, and rewarding of carefull guardians ; so that with great festivity hee returned to Sterlin to recreate himselfe, where Lenox begun to be very remarkable, in that hee received into especiall favour James Stewart of Okeltry, who had shewed himselfe in Holland a very ventrous commander, although of a violent genius ; and 443 WiUiam Stewart that valiant field marshall, whom I have mentioned in another place. He likewise obtained a par don for Carr of Farnihurst, although Morton strived earnestly to hinder it : who comming back was not un mindful! of Lenox his late favours, and Mortons invete rate injuries, beginning to fanne up very cunningly the sparkes of discord. But now while Lenox ingratiated himselfe into the kings favours, his enemies privately endeavoured by vul gar rumours, and plebeian malice, to make him odious, reporting that hee machinated the destruction of the pro testant religion, subtilly promoved pOpery, weakning the kings faith : nay, some popular men were so bold as to say in open pulpit, that he was sent by the Guises to overthrow Gods worship, foster the French faction, and disturbe the kingdome. These hideous complaints, that the court harboured upstarts, who were ready to sacrifice the kingdome, and religion : in the kings unexperienced yeares, so moved his majesty, that after consultation with the most of the eminent clergy, he selected some few of them to instruct Lenox in the true religion, conjuring them by their allegiance and fidelity to lay aside all pri vate grudges, and unfeignedly endeavour his conversion. They returning his majesty humble thanks for their elec tion, ascertained the K, that they would endeavour what in them lay to performe his highnesse desire ; and Le nox promised himselfe to be ready to heare them. Their congresse was daily at Edenborough for conference ; the controversies fled to the scripture for authority : the con clusion was, that Lenox, whose soule more hungred af ter truth then contention, yeelded to their perswasions ; so that in presence of the city magistrates, and prime of the ministery, besides a great conflux of people, he chan- 444 ged his faith, renouncing the papall superstition, and embraced the reformed religion, confessing his former errors ; and for this religion he would fight ; for this he would exhaust his veines : nay for it he would lay downe his life. Although this act was pleasing to his majestie, and major part of the nobility, yet blind envy, the dayly companion of fortune, ceased not to detract from his ver tues, corrupt his honours, and blot him with dissimu lation. Hereupon his majesty was more moved, so that he was carefull to declare his integrity and confession of faith ; to which afterwards he and his meniall servants, and those of his nobility, whom bloud had advanced to great dignity subscribed, that the. more confidence might bee reposed in his officers. In the interim Obigny taking his journey towards his majestie, residing in Sterlin, spent «ome few dayes sport- ingly in quiet and rest, besprinkling the kings carriage, disposition, and ingenuity with the French garbe, in structing him in field exercitations of horse and foot, so that the king rides the great horse to the delight of all. Much about this time Ruthen married his daughter Jane to the branch of hope the Eaiie of AthoU, many of the nobUity solemnized the nuptialls at Perth : their cele bration in banquetting almost arrived ait prodigality, the harmony of voyces, sound of fiutes and trumpets made all the city eccho, the eyes were delighted with pictures, the eares with delightfull songs. The vulgar beheld the detriments of vice, masques, sights, and elegancy of ban quets: thus was the old nationall parcimony changed insensibly into ryot and attyre ; externall luxuriousnesse creejiing in the shape of humanity. 445 Anno Domini 1580. While Scotland took her rest, a blast of fame from an unknowne mouth was noysed abroad, that Morton machi nated to draw his majestie into England ; Hee being bespotted with these sad defamations, strives to assoile himselfe at Sterlin, harbouring an implacable hatred against his enemies, presenting his majestie and the chiefe of his nobility with a grievous complaint, as that being- circumvented by forged calumnies, hee must take his leave of the court for a time, not because of any guilt in him, but lest the redintegration of contention might flame forth into publique destruction. The author who had laid those snares he knew not : yet this hee knew, that who ere he was, he was no other than a lyar, (a word as bad as a dart to a noble-man.) His majestie being mo lested with these doloreferous complaints and devious rumours, strives to compose the matter, lest that sedi tion might get head, imputing all fault to the rude multi tude ; withall, telling Morton that he ought not to be troubled at such an idle and improbable report : be sides hee was not suspected of the least fraudulency or attempt. When Morton was almost appeased, Arguile his ancient emulator began to reblazon this report, inti mating to the councel-table this bold enterprize of trans mitting his majestie into England : but this weak asser tion having no other staffe for support then his word, was overthrown by the bare denyall, which he durst not pro secute for feare of incurring an ignominious taint, so that hee desisted fi-om any further progresse, having already re ceived a checke for his malevolency and hatred. Queen Elizabeth hearing that Lenox, Mar, and Athol were elected privie councellours, was much troubled, es- 446 pesially that Lenox, who was knowne to be a devoted vas sall to the French king, and borne in Aquitaine, should be a privie councellour, which made her feare the altera tion in religion, and disunion twixt the two nations. The tempest had now been turbulent a long time, and those whom her majestie of England had sent to acquaint her how affairs stood, spread grievous reports. Peaceable Lenox (whose sweete disposition I have mentioned else where) seemed to employ his wit in promoting James Stuart to be guardian to the Earl of Arran, who had now been 15 yeares mad, and likewise to be captaine of his majesties guard : his desires were not frustrate, for he was made guardian over Arran, and captain of the guard, which no sooner obtained, but then he possessed himselfe of the isle and castle Arran and Kinvell, and other riches belonging to that family, committing many and turbulent outrages without all law or custome : To give you a short character of him, he was a lewd, ambitious, harsh, and indiscreet man, composed even by industry for terrour and astonishment, insolent, immane, and haughty, he could not brook a free word or look, by nature fiery, of a soul diers constitutio, being more imperious then the turbu lent spirits of the Scots could endure ; he would have a finger in every thing, causing his tenants subject them selves to his cruelty, libidinositj', and avarice ; hee assaUed the nobility with no lesse livor and malignity ; hee was odious both to them and the gentry, daily augmenting their anger by the timerity of his genius, and violence of judgment: he^ would often among his intimates threaten destruction to some of the nobility, retaining a catalogue of their names who were designed to death or exile: when hee distrusted the nobles fidelity, then he kept a guard about himselfe, placing every where in the fields parties of horse : he questioned many men of good rauke 447 by interrogatories concerning their life, fortunes, reputes, after an unusuall manner of proceeding. And now being secure by reason of the turbulency and heart-burnings amongst the nobility, hee laid a foundation for his po tency, converting all his care and cogitations to enrich his treasure and set his estate in order, but yet he durst not ascend to the height of his designe before he had supplanted Morton : When the common-wealth was in so great an amazement, and tottering condition, all things being steered by James Stuart of Okeltry, the ministers beseech and invoke God (the revenger of pride and cruelty) to raine downe imminent judgements upon him. Morton being of a bitter and fiery nature, was not able to brook the haughty, domineering, and unlimited power of this yesterday ambitious creature, in a free kingdome. He began therefore to see if by any means he could cir cumvent him ; but in that he had not sufficient strength to divert the fury of discord, he only for the present ex cited the nobility, repositing his indignation for a time : but the fire of domesticall discord could not be hid : for one who was privy to Mortons designe, hasted to James Stuart, who no sooner heard him up with the constitu tion of his genius being pride, then he began to feare lest he might be reducted into order, leaves no way unattempt- ed for the prevention of Mortons jplot : nor was it long after that James Balfour, one whose nurtriture was discord and sedition, and a cunning sower of debates among men, returned into Scotland, being not more desirous to accuse Morton for injuries past, then for his exile. Hee produced a schedule which was subscribed by the kings parracides, and signed by Morton : and as he rashly brought this to light, the light glimmerings of these rumours shone to her majestie of England, who feared that religion might bee eclipsed in Scotland, and so by 448 consequence the nationall league would be broke, and an occasion of putting the kingdome in a mUitary posture. Shee therefore could have desired to have scene Lenox (being one that was no favourite of her faction) lesse in authority, favour, and potency at court, and her womanish feares being augmented by the report of Mortons depres sing, and the low ebb those that favoured the English were at : besides Balfour was made governour of that invincible Castle of Dumbarton, which stood neere an arme of the sea upon the bankes of Glot, a very commo dious haven for the French to land ; which was probable, since Balfour came to transport the king into France : Upon these and the like considerations, shee sent Sir Robert Bowes, treasurer of Barwicke, presently to ac quaint her majestie therewith in what condition the king- dome stood, and how the Scots were affected to the Eng lish ; to accuse Lenox as one who had done bis whole endeavour to deliver the king, kingdome, and tbe sub jects of Scotlands liberty, into the hands of their enemies : That he had solicited his majestie (contaminating his greene yeares with ill counsell) to alienate his affection from the queen of England. Sir Robert Bowes being admitted to the councell-table, where shewing his letters of trust to the king and coun cell, refused to expostulate any further concerning the purport of his embassage in the presence of that knowne favourite of the Guises, Obigny: and lest delayes might be obnoxious to publique proceedings, hee desired that he might be removed, whose presence would hinder any free consultation. But the councel answered, that his demands were un just, apd his desires to put out one of the privie councell, without the least specification of any crime, was a thing not to be embraced. They desire further to see his com- 449 mission, if he had any such direction from her majestie of England, which he refused to shew ; whereupon he was dismissed by the votes of the whole councel-table, as an embassadour without instructions ; nor could his ma jestie be induced to do otherwise, although counselled by some few, because the whole councell had so determined. Sir Robert Bowes aggravated the not harkning to her majesties salutiferous councel, tending to the peace, con cord, and common good of both kingdomes, and omitting his duty in taking leave of his majestie, departed out of Scotland, But his sodaine and precipitate regresse was seconded by a progresse of Alexander Humes of North- barricke, who was sent embassadour into England to excuse the matter to her highnesse, and not undeservedly to returne the contumacy of violating her embassadours office upon the head of Bowes, who upon the demand of seeing his instructions, and that at the councel-table, de nyed to do it The queene being highly displeased at the great neglect of her majestie, and her dignity, and the contempt offered to her embassadour : that shee might repay like for like, remit ted Hume already fretting thereat, unto the Lord Bur- ley, who at that time was not only of her councell, but One on whose poles of fidelity and industry, the dignity and honour of England was moved : the Lord Burley gave him to understand how unhonourably Bowes in his embassage had been used, a gap being laid open to dis cord, that the most sacred law of nations was contemned and violated : with a great sence and sorrow prosecutes the contempt of majestie, removing the blame from off the young king, who was steered more by others then his own judgment, and imputes it only and wholy to those his evill councellours, unskilful! in the law of embassage ; who to curry favour with the common enemies to both 2 F 450 kingdomes, neglected equity and justice, their old duties, the covenant and league established, but rather made breaches of amity twixt the two princes, fostering them with hopes of new friendship, casting themselves head long againe into the French servitude ; by name he accu sed Lenox and Ja: Stuart, as desirous to extinguish her majesties favour with the king ; besides he expostulated of the daily incursions of robbers from Scotland, which molested the borders, and in the last place adorned Sir Robert Bows the English ambassadour with what enco- means, words, or prayse could speak. Hume on the contrary attested with great ardency, that for his owne person he had alwayes' beene most desi rous of a perpetuall peace and accord twixt the two king- domes, having observed what fidelity or diligence could expect, all those offices of humanity ; That her majestie had denyed him audience or congresse, which was an in dignity not only offered to himself, but to tbe king his soveraigne : Withal he admonished Burley to remember as that he was elected a councellor and faithfull adviser of her majestie, so those councellours of their neighbour ing king was not unskilful!, but ought likewise to be esteemed faithfull and well-wishers to his majesty. The residue of liis speech was complaints of tbe ravenous English borderers, and calumnies of the English embas sadour. , Much about this time were the nuptialls of John Earle of Mar, and the sister to the Lord Drumond solemnly celebrated with a great confluence of friends: he for authority, grace, ofspring, riches, and potency, was so prevalent, that no earl in Scotland could run parallel, nor was his hopes of posterity lesse then himselfe. A secret fire of contention was kindled in the bosome of Rutlien lord treasurer, descended from the height of 451 honour, and of no lesse potency in his retinue, and of the young Lord Oliphant, whose dignity and love run equi page with his opposites. This altercation arisse from over licentiousnesse of language which past twixt their foUowers: the dispute began to be so hot, as one of Ruthens servants was slain, and he hereupon fled from the immi nent slaughter, Thi^ accident put the councell-table into a posture of great care, lest that they should assemble their friends and followers sodainly to bang it out bravely, which made them take the controversie into consideration ; they found that the tumult arisse from both parties, Oli phant and his followers being contaminated for tbe fact, and frighted by the feare of punishment, betaketh them selves unto flight, sending their advocates to desire his majesties pardon : many of the nobility interposed their authority, lest by these unhappy distempers the common wealth should be disjoyned : but the fire was not so soone quenched, and to augment it, Morton more favoured his kinsman Oliphant then Ruthen, his most intimate friend ; hereupon grew that envy and hatred which was mortiferous to both. But let us looke backe upon James Stuart guardian to Arran, who domineered over the lives and fortunes of very upright men, supposing that there was now nothing to establish his potency, save the eversion of Morton: and having knowledge of that tacite heart-burning which was betwixt him and Ruthen, he added flax to his fire by dis junction and subtile practices, offering himselfe to bee at Ruthens command : thus by dissimulation he catched him in his net, who stood him in good steed, for hereby wrest ling with these distempers grew enraged : and ere hee had well premeditated what to object, upon his entrance into the court at Holyrude house, with a doleful! countenance, affirming before the counsel! in the presence of his majesty, 452 and chiefe of the nobility, that Morton was worthy of death, as being guilty of treason, insatiable covetousnesse, and of murthering his late majesty, Hee likewise accused Archibald Douglas of Wittingham as an actor therein. Upon this accusation Morton was commanded to be diligently kept in the palace : others were sent forthwith to apprehend Archibald Douglas, but he well knowing in what condition hee stood, and afrighted by the feare of the times, Qj- of punishment, took the opportunity of that night to fly from his owne house to England, Morton being guarded with a great multitude of fol lowers, was led prisoner, first to Edenborough, then to Dumberton, where he was attended on by divers troopes, and men of espetiaU note, as the Earle of Glencarne, the Lord Seton, Robert Stewart of Orkney, the tutors of Cassill, Bargany, Lochenwar, Coldinknowles, and Man der ston. The day of his triaU approaching, the family of the Douglasses were great with rage, that so noble a spirit should be oppressed by one of a dayes production : the Earle of Angusse, Mortons intimate friend and kinsman, was grieved at his deteining, he with five hundred horse, leaving nothing unattempted, laid in ambush to intercept him in his journey, and threatned Lenox with fire, des truction, sword, and banishment, if any greater punish ment should afflict Morton, To prevent all plots hatched by the Douglasses his journey was hastened, but Morton woukl in no wayes con descend to their endeavours, rather restraining their tem pestuous designes, as one who confides more to his owne innocency, and the kings clemency, then their precipitate courses. Those subjects that had behaved themselves valiantly and nntaintedly towards their countrey, were mindful! of Mortons demerits ; and deplored their present 453 condition, which proceeded from immoderate liberty kept at home : others there were, and those not a few, whose natures abhorred peace and quietnesse, either being effect ed with some injuries done them by the protector, or with his condemnation, or other tempestuous stormes, hoped that this new forme of soveraignty would effect something to satisfie their desires of revenge, or exalt them to some higher dignity : James Balfour, who was either engenier, or actor in all the Scottish troubles, Thomas Carr of Fer- nihurst, and Manderson, excited by the banishment of the Humes of ColdinknowUs, and by other private injuries, proffer themselves as adjutors to the guardian of Arrane, whom they admire, accompany, obey. But few there were of illustrious extract, who voluntarily came in unto him, or any of a good repute, which did not tremble at, dread and fly firom him as from some savage, and inhu mane creature, because he exercised his imbred severity upon the poore, or such who did not effect his money- racking way to manage his affaires. In these black mists, the jesuites, and popish priests stole into Scotland, labouring of intestine sorrowes, that they might promote popery, re-erect and confirme by their presence the drooping spirits of such as were popishly affected, and endeavour to innovate matters in the" state : the ring-leader of this crew was John Dury, who under- tooke to be a shield in defence of Edward Campian, that English jesuite, against those stroakes of John Whi taker, who gave occasion to tlie ministers of England to enter the lists in matters of faith, as shall bee conspicuous when wee come to speake thereof in its place. But to returne ; her majesty of England sent Thomas Randolph, post-master generall, ambassadour into Scot land, to divert, if either wisedome or prudency could effect it, the cloud of destruction hanging over church 454 and state ; and to solicite for Morton, whose life and re pute was in very great danger, to send away the Duke of Lenox, an antagonist of the English favourites, and elevate the mindes of such whose affections were concen- tricall with them, Randolph shewes his commission from the queen to his majesty and counsel!, making splendid recital! of those many demirrits done to king and king- dome, even when France sacrificed her whole strength for her destruction ; but the kingdome of Scotland by Gods blessing upon the English forces, had pulled her feet out from the French tyranny, and was at liberty ; he insisted likewise, that those tyes of consanguinity and re ligion, were sufficient motives why she should strive to preserve him ; for all which merits she desires that Obegny, the endeavourer to subvert the reformed religion, ruine of ancient families, the private and publike object of hatred; and as it was apparent by the intercepted letters of the Bishop of Rosse, that he onely stayed for opportunity to innovate matters of state, should be exterminated the kingdome, that Morton who was accused for the kings death, should bee tryed after the usual! manner, that Archibald Douglas might be questioned without racking, that James Balfoure, lately returned into his countrey, being guilty of murthering the late king, and for many yeares had been a fomenter of all uproares, might be imprisoned ; and he accused Lenox of the same crimes. To wliich his inajesty gave answer, that for Jiis kins man, in whom he had not found any crime ; he was ready to satisfie the law when ere he should be brought to his triall ; but it stood not with his honour to condemne a noble man without suffering him to plead his defence, or giving audience : but thus he seemed to question the liberty of the kingdome of Scotland, more then the reports or deeds of Obigny ; as for Morton he need not feare any 455 punishment before that he should be tried by his peers, concerning the crime whereof he was accused ; and Archibald Douglas, who had set at nought the vigour of judgment by absenting himselfe, should have liberty to free himselfe from those most foule blots ; but as for a prescription for future punishing, he could no wayes con discend thereto. Lastly it was unknowne to his majesty, that James Balfoure was actor of so many out-rages in his dominions. And having thus said, Randolph earnestly desires the nobles to begge Mortons life of his majesty ; but being denyed, when he saw prayers would not prevail, he menaced open warre. But the ambassadours fulminations did not at all de terre his majesties generous and sweet minde, who an swered, that the fortune of a battle was incertaine, and he was ready to defend his owne coasts. Hereupon Ran dolph grew more enraged, as if he had been incited by the spurre of envy, determines rather to involve tbe state into further trouble, then according to his commission apply remedies to the present distractions, making clandestine combinations with Lenox competitors and Mortons friends ; to whom he commiserated the deplorable condi tion of the times, that the king was faUen into the hands of a French-man, an enemy to tlie English, whose wicked desires aymed to reduce the ancient families in Scotland into obUvion, bring the K. and religion into danger ; he declares how that there was only one doore left to escape out of, to free their prince from the hands of a stranger, themselves from externall violence, and force : which if they would doe, he promiseth that the Queen of England would furnish them with all conveniences. But this rash counsell was presently made knowne to his majesty: Randolph being conscientious of his vio lating of embassage, got him privately to Barwick, and 456 adviseth his accomplices Angusse and Marr to provide for their owne security. The king, upon Lenox and Arrans motion, command ed the Earle of Angusse to retire himselfe beyond the river Spea, and to render up the castles of Tencall and Douglasse. If hee executed his majesties mandates, there was some sparkles of pardon yet remaining ; but if these conditions should be rejected, let him look to be proclaimed rebell: but he knowing that there was no thing safe or sure from that wicked guardians hands, fled into the asylum England, and Marr trade in his steps, being accompanyed with a great strength of his faction, avoyded further danger by flight. Mens mindes begun to stagger by reason of the sud- daine departure of the embassadour, some, striving to palliate the foulenesse of flight, but the most, supposed sad and turbulent blasts of distruction to approach. ' The English proclaime open warre, and yet the Scots were not long after them in preparing for common de fence, lest that some suddaine danger might bee brought upon them by the exiles. Her majesty of England sent downe divers commanders with a great army into North umberland. The king of Scotland, lest he should not be fitted to embrace their threats, dispatched John Graham, Earle of Montrosse, his lieutenant, with a con siderable strength of five hundred horse and two thou sand foot into the borders of Scotland, to restraine any depopulations, if the war should be prosecuted ; and by the comming of the lieutenant generall Graham, the English were at a ne plus ultra, so that they did not any thing of note, unlesse it were to denounce, rather then prosecute warre. The famUies of Humes, Carrs, and Scots, kept garrison in the middle borders, Johnstons and Maxwells in the west, having a great army of the 457 countrey people, who by keeping their watch and ward kept the countrey in quiet. His majesty had for his per sonal! guard ten foot companyes, and some troops of horse ; to defray their charges, he called a parliament, and desired a subsidy for to pay them : But the English disbanding their army, gave the king occasion to dismisse his guard. Arrans guardian, who hating all that had reference to Morton, reassumed his fury against George Fleck, Mor tons sisters sonne, and Alexander Lawson, his intimate friend, whom hee brought to the racke, to confesse such questions as were objected ; he distorted Fleck with his brazen rack and grim countenance for a long time, that he might extort from him those falshoods, that AthoU dyed insensibly of poyson given by Morton : but this was not of violence sufficient to draw the least syllable which might prejudice Morton : Lawson being of a cowardly degenerate spirit, at the very sight of the tor mentor confessed the most secret intentions of his patron, where his treasure was, the feigned conspiracy, and a long catalogue of offences ; but sooner would the rack have divorced the soule from the body, then fidelity fi-om the soule of Fleck ; for when hee was brought back to the torment, hee seemed to racke both the racker, and racke itselfe : It was not binding or buffeting, no, nor yet the cruelty of those unmercilesse men, which could induce him to betray Morton. Thus it appeared that torments doe not moderate every mans nature : the like cruelty hee exercised on the chiefe of the Douglasses ; Thomas Douglas of Loghleven was accused of things concerning life, who answering by his advocate, was re moved into the north of Scotland, James Douglas, and Archibald, the natural! sonnes of Morton, George their bastard brother, Malcolme, Lord of Many, Sir John Car- 458 michel, his intimate friend and kinseman, were banished ; and it was likewise proclaimed that none should harbour or relieve them with money, victuaU, or other necessaries. To summe up all, he who was guardian to Arran, is created Earle of Arrane, ascending by the steps of cruelty and inhumanity of nature to a greater degree of hatred and malice in the eyes of all good men. Anno Domini 1581. The suddaine departure of Randolph so moved his majesty, as that he sent without intermission Sir John Seton ambassadour into England, to represent unto her highnesse his candor, withall to complaine of Thomas Randolph, who had rather beene a fomenter then allayer of the hot flames, holding correspondency with Angusse, Marr, and other nobles, in matters no lesse perillous and cunning, then pernicious to the kingdome of Scotland. Seton in that he was -a friend of Lenox was commanded to stay at Barwicke, till the queens pleasure was further knowne ; where after some few dayes abode, without any entertainments of honour, returned home. Where upon his majesty grew incenced, and wholly dedicated to anger, expostulated by letters that grievous affront offered to his ambassadours, first to Alexander Hume, now to Sir John Seton, he grievously accused Randolph for his flight out of Scotland, complained that Archibald Doug las of Whitingham impeached for the kings death, his conscience bearing him witnesse of the guUt, was resident publikely in the court of England, desiring that hee might be apprehended and delivered according to the league. The queens highnesse, to wash away all the dirt of these criminations, answered, that Randolph was one of an unstained fame, whose fidelity was perspicuous in 459 every action ; that hee was desirous of publike quiet in Scotland, having often both by hand and brain, action and counsell, beene their adjutor, and now he was ready to render an account of his ill-managed embassage before her counsell, if any thing were objected. As for Archi bald Douglas, suspected for the late conspiracy, his abode in the court was only untill enquiry was made after those injected crimes ; but in the future he should have no estimate of honour or imployment, although he remained in England, being of great use to the queen and counsell, carrying himselfe as ambassadour from the King of Scots, without any mandate or letters of trust, he set his wits to disturbe the weale-publike of Scotland. Much about this time James Steuart constituted guar dian over the Earle of Arrane, by reason of his impotency of minde, (which I commemorated before) being not sa tiated with tbe title of guardian, and enjoying many com modities thereby, he was, (as if led by a deity) created Earl of Arrane, and confirmed by an Act of Parliament to the ruine of that family, contrary to the lawes and customes of their predecessors : And this omen Morton applyes to his owne ruine, remembring the old prophesie, that hee must take heed of the Earle of Arrane; nor was his supposition meere chimeraes, for the first act of this new earle was the death of Morton : and here we may contemplate the variety of casualties incident to him, as also the sports of fortune on him, now smiling, presently frowning, so that hee seemed to be tossed 'twixt the rackets of honour and disgrace, Morton being conducted speedily by the Earles of Ar rane and Montross, with a great traine of armed men, and two troops of horse unto Edenborough, there to be tryed before the peers, who were assembled to heare him plead the matter, the day of his tryall appearing, and ac- 460 cording to the ancient custome of the kingdome : there was a place of judicature constituted, where Arguile chan cellour, Montrosse chiefe justice for that day, and divers others of the nobility, sate upon the bench ; the prisoner being produced from custody, excepted against Arguile, in that he was no competent judge, by reason of enmity, and irreconcileable hatred, against the Lord Seton, by reason of inveterate envy, and against Vaughton, for sus pected pretences against the king and state. But excep tions against judges were not granted, Morton openly professed, that the proceedings were disorderly, and without president of predecessors. The Earle of Arrane and Robert Chreton his majesties advocate, even to the height of envy prosecuted the crime of regicide against him vehemently, because he had consented to the mur thering of the king, and subscribed to the crime in love to Bothwell ; But besides these bitter and many percunc- tations of Arrane, the kings advocate violently 'Urgeth a manifest signed by Mortons owne hand, urging likewise the hatred hee bore the state after his relinquishing the regency. Morton after a large commemoration of his offices for the publique, proceeds to wash his hands of that most horrid murther, not palliating it with fraudulency : for seeing he could not deny the proofes against him, that hee was privy to the murther revealed by Bothwell, being con scious of the detestable parracide : hee was condemned by the suffrages of the nobility, and judgement was de nounced against him by Montrosse, who was invested with supream authority for that time : because as the accuser pertinaciousl}' affirmed he did not prosecute the law against Archibald Douglas of Wittingham, his favorite, and that being conscious to that detestable fact revealed by Bothwell to him, he kept in silence, he was removed 461 to prison, having a guard set over him, who were receivers of his words, sighs, and lookes, in that he was condemned he kept sUence, his expectation of his last houre was firme : so that having received that celestiall manna of the sacra ment, his thoughts were conversant about eternity and immortall life. Those ministers that were there present, desired him to give his soul the wings of courage, seeing that death was not to be lamented, whose consequence was immortality. He not at all daunted, knowing the lease of his life was almost expired, detests those sublunaries, fixing his anchor of hope upon the shore of eternall safety: In the interim, the Earl of Arran inhumanely denounceth his last necessity to approach, and desires him that ere he departed out of this pilgrimage, to subscribe a confession of his criminations : but Mortons conversation being with heaven, having detruded all secular disturbances, exclaim ed that he was interrupted by inhumane and wicked words. He was attentive to tbe ministers admonitions going un dauntedly to the market-place of Edenborough where he was to suffer; great was the concourse of people: and he not to be moved by the present feare of death, affected candor of speech and countenance, that his innocence in this paracide neither yet would he deny or dissemble, that Bothwell had solicited him for subscription to that trucu lent fact, but it was alwayes a bug-beare and terrour to his thoughts : as for that hee did not give light to the crime, it was because hee was overswayed by feare of Bothwell's strong hand : and from further progresse herein, he converted his speech to his God in meditated and com posed prayers, not being unmindful of his majesties safety, the kingdomes tranquility, and the peoples incalumnity : having implored the most mercifuU Fathers mercy, he shut up his prayers, desiring the executioner to do his office. WhUe he valiantly laid down his neck upon the 462 fatall blocke, to the unspeakable sorrow of all, his head was parted from his body in the presence of that greedy spectator his enemy Farnihurst : the head insteed of its body was exalted to stand upon the common hal ; his body was interred without any solemnity of funerall. Thus you have the last end of Morton, the last Prorex of Scotland : He had been, for naturaU prudency, modera tion, integrity, and industry, celebrated by the trumpet of fame, if his extorting of money had not stained his ma- gisti-acie, and that act of delivering up for a sum of money Piercy Earl of Northumberland who fled into Scotland, as if he had thirsted for his blood, Cruell Arran, not satiated with the punishment of so great a peer, bended his nerves to eradicate the splendor of the Douglases, that his power might be estabUshed, he exterminated the Earl of Angus into England, and hayled many servants (whose fidelity to their lords were perma nent) unto punishment ahd torture ; the consequences of Mortons death were domestical dissentions, clandestine grudges, and calamities : in fine the death of the author of his death, the Earl of Arran. The next day John Bine one of Archibald Douglas servants was delivered to the truculency of a rope, in that hee participated in the kings death ; Dalkeith and Aberdower (the late palaces and possessions of the Earle of Morton) unfortunate gifts were conferred upon Lenox, nor with much better . successe John Maxwell had the honour and title of Earl of Morton, in that it continued not long in that family. And now that turbulent Earl of Arran seeing his cor rivall removed, and the opposite fiiction laid in the dust, ascended from avarice and cruelty lo wallow in the mire of lust, contracting himselfe in a filthy marriege with Elizabeth Stuart the daughter of the Earl of Athol, who ' in her childish yeares being conjoyned in a nuptiall tye to 463 the Earl of March, debased her selfe by adultery with this new earl for hope of domination, who did more fragrantly and constantly lust after her then her husband did. And now seeing hee was fortunes favourite, nothing lesse would satisfie her, then to be his wife and fellow ruler, striving to obtaine of the ecclesiasticall judges a divorce under the pretext of impotency. No time was intermitted for the divorce, nor many days had not appeared in the heavens ere the strife was determined, and the just and legitimate matrimony was dissolved. Thus shee that was the late bedfellow of Lenox, being divorst from his most noble sheets, her belly declaring her pregnancy, without delay took upon her the title of Countesse of Arran, a very bad president ; thus Arran was in one and the same day hus band and father of an infant begot by an adulterous act, in anothers matrymony, borne in his owne : hence arise all those vulgar clamours of her immodesty, wantonnesse, luxury, and lascivious behaviour, not so much as her * followers but detested her incivility and his insolency, desiring her to consider this unpresidented act, from whom she had divorst herselfe ; was it not from one of the blood royall, and his majesties intimate? and was shee not branded thereby with dishonesty ? But her heart was too obdurate to relent into teares, the woman being of an in solent and proud spirit, desirous of a potent husband, passed without those bounds nature had prefixed, her sex requireth, and custome approves of: shee frequented vaulting flowers, usurped mens exercitations. But I must stay my pen, lest these narrations intended for the pub lique good, may occasion private contumelies, by reason of the similitude of casualties. When the state was thus overclouded, a parliament was summoned to appear at Edenborough for the administra tion of publique affaires, where Obegny, whom nobility, 464 fame, and authority had made great, ascended to the highest seat of favour and honour, and his creation of Duke of Lenox was confirmed by the parliament : He was arrived at that height of potency, as to govern things by his word : William Ruthen treasurer was created Earl of Gowre, James Stuart Earl of Arran, John Maxwel Earl of Morton, and Robert Stuart Earl of Orkney : it was likewise adjudged that the Douglasses should be pro- , claimed rebels, banished, and their goods confiscated ; thus that family who had deserved well of their countrey, was detruded, and cut downe by the anger and hatred of this new erected man : their enemies set their inventions to coyne against them, and their tongues to threaten, that this popular name might become odious tO the vulgar. The king seeing his exchequer at an ebb, and the king- dome in poverty, according to an act of parliament then made, revoked the donations of his patrimony, seized on the confiscations of mens estates, and reaped the first fruits, appointing limits for immoderate donations and graunts. He established many lawes commodious for the publique, and composed those private dissentions twixt the Gordones and Forbosses, which arose about their bounders. The tenths and thirds of ecclesiasticall livings were employed for the sustentation of the ministry, and other pious offices, the revenues of the monasteries were confiscated, and the rents brought into the exchequer lo support the publique treasury. By this time behold the Earle of Arran ready to burst with the too much indulgency of Lady Fortune, nay dege nerating even from civility, so that hee rejected the Duke of Lenox society, bending his strength to undermine him, an act not a little offensive to the prince; the first alination of affections arose from an affront offered unto one of tbe dukes retinue by the Lord Seton and his son 465 John. His majestie beholding what a Charibdis his kinsman the duke sayled in, was so far enraged as to di move Arran from being captaine of the guard, command ing him not to approach the court or the kings presence, nor think of being received into favor, unles he first sub mitted : he departed from the court to Kennel, and there enjoyed the pleasures of his possessios, untill some happy mediators stood in the gap to make a reconcUiation. Thus, after a short divorce, the dukes minde, by the in tercession of friends, was allayed, and an act of oblivion signed by both parties, and a reconciliation of favour made, which from that day was inviolably observed, both endeavouring with an equall vertuous impetuosity to lay low their antagonists strength, both associated ther heads to keep their withstanders under. The young noble Earl of Mar, who was suspected to be a favourite of the Doug lasses, was removed from the court ; but his return was obtained by his mother, who had obtained the crowne of many gray haires, and a. continued power with his majes ty, both by her grave behaviour, and great care had over his childe-hood, which shee transacted with all the fidelity of an honest breast. The king well knowing that religion was in her waine, that the title and honour of king was at a lesse command, enjoyned John Crage, his majesties chaplain, to set forth a confession of faith in the English tongue, which contain ed the doctrines of Christian religion, concerning God, the creation, original! sin, the law, grace, the incarnation of the Word, the hypostaticaU union, Christs passion, re surrection, ascencion, the Holy Ghost, the church, scrip tures, fathers, counsels, sacraments, and controverted questions in divinity. The king estabUshed it by parlia ment, who having concorded in a forme of administring the sacraments, all subscribed to the doctrine and disci- 2 G 466 pline of the Church of Scotlan(l, protesting that they would observe and defend it with all their endeavours against oppositions. The king and his followers first subscribed j next he desired the nobles and citizens to subscribe, withall exhorting tbem to embrace the true reUgion, relieve the poor, have an eye to the succourlesse and fatherless : Hee admonished the ministry not to in- termedle with state affaires, but to preach the gospell, administer the sacraments, instruct the ignorant, call back the wicked from tbeir wayes of errour, and the scandalous from their wallowing in filthin^sse, to draw the people from luxurious living and licentiousnesse unto continency, and observation of the churches discipline, to make up the breaches of civil dissention amongst the nobUity, and to be carefull of the churches peace, dignity, and safety. And, lastly, to excite the people if no otherwayes, yet by a strict discipline to follow vertue and obedience. The authority of the ministerial function was unani mously consented to by parliament, and that no other government ecclesiastical should be set up in Scotland, save such as they agreed upon ; and that all those dayes whom antiquity had set apart for holy remembrances were not to be kept holy, or any celebration in apparel or solemn rites were to be used thereon. The ministers having got such a large commission into their hands, begun to attempt greater matters, as to pull downe the prelaticall dignity. For in the synod held at Glasgow, where Robert Ponton was prolocutor, the episcopall authority was abrogated, Patricke Adamson, arch-bishop of Saint Andrews, James Bode, arch-bishop of Glasgow, David Cunningham, bishop of Aberdeen, Nigell Cambell, who was the pearl of that function, bishop of Arg. and many other superintendants, whose vertue and learning had given them the lustre of fame : 467 these were stiffe defenders of the prelates cause and dig nity, 'gainst the faction and potency of such ministers, who sought by their maliciousnesse towards episcopacy to get applause, labouring with wind and tide to root out bishops. These men in a full house by suffrages and favour prevailed, so that it was concluded by votes to abrogate the prelates authority, which David Lindsay, afterwards installed bishop of Rosse, desired to adjourn to the next convention : his desires were frustrate, and himselve reviled by many, who protested his words were intollerable burthens to their consciences, and himself not worthy to beare any ecclesiasticall office, who patronized tbe most corrupt prelaticall function : many there were, who lest they might seeme to strive against the streame, went downe with their tide to eradicate the prelaticall splendor. Fame slept not till she had acquainted his majestie with the synods proceedings herein, and Lindseyes interces sion, the king having first consulted with his counsell (who hee knew were most emminent both for wisedome and favour with the people) what would be most conve nient to the kingdomes present condition ; and being dis pleased at the affronts and injuries offered to the bishops, declared by a messenger, that their proceedings were every way displeasing unto him, and that he would apply a me dicament in due time. But they absolutely denyed that they were ready to embrace any change in their opinions, declaring that the regency of church affaires by the synods decree was at their disposall ; and they having finished their work, begged of his majesty to let his proclamations issue forth concerning the discipline of the church, giving his royall assent to the synods determinations. But the king crush ed their desires by a denyall ; because he fore-saw a great 468 cloud of troubles to come from that act of abrogating episcopacy, and erecting by his command the presbyte riall discipline : he therefore hoped that they would, nay, admonished them to desist from prosecuting their inteni- pestuous desires, and not to abuse the power put into their hands to the kingdomes destruction, by framing things after the modell of their wills, or strive the diruating the prelates authority. Thus the established discipline of the church runne with a more powerfuU streame amongst the nobUity, ma gistracy,, and ignorant vulgar, though lesse favour with the king, by reason of their pride and arrogancy, who had not onely by his power put life into their semi- mortified authority, but also established their potency over the people. But whilst these things were upon the stage, his majes ty ceased not to adde vertue and knowledge to those his naturaU dowries, adorning the cabinet of his breast with true orientali pearle, sporting himselfe with riding the great horse, tilting, and hunting. The yeare drawing to a period, turbulent Horiferous even wel-nigh overturned the arke of the church ; for James Boyd having taken up his residence with the wormes, resigned his chaire of Glascow to his successor ; the strife thereabout was so vehement, that it had almost brought the kingdome into a fit of distraction : in conclu sion, Robert Montgomery, preacher at Sterlin, who was both an eye-soare to the clergy and commons, ascended to the episcopall chaire, by the Duke of Lennox ayde : yet at the instigation of some friends, more looking upon their own utility than his dignity, lent him his hand to get the mitre, upon the contract that the title and 1000 pounds annually should be involved upon him, not looking to reap any further fruit of his benefice : The report hereof 469 tooke tbe wings of the winde, and arrived at the ignorant multitude, and at the eares of some young grammarians, who by their orations blew up those coales of contention to a great flame of envy amongst the nobles and com mons. Whereupon the episcopall antagonists take cou rage to spit infamous granadoes from the pulpit in the face of Montgomery, contaminating his whole life, as if unworthy to beare rule in the church. But the privy counsell calling these men to an account, reproved them with great bitternesse of speech, giving them to understand, that an election having the kings consent, ought to be obeyed, and that for the good and profit of the weale-publike : Likewise they declared, that Montgomery was commanded to succeed by that authority devolved upon his majesty : they therefore gave warning from any further processe in such mollestations, but quietly to acknowledge them their diocesians whom his majesty should assigne. Thus did the state stand for the present : but the fiery spirits of the ministers could not be extinguished ; what the issue will be, the next yeare will declare. 470 [Before proceeding to notice the editions of the " True Accompt" of the Bap tism of Prince Henry, a reprint of which concludes the first volume of " Scotia Rediviva," it may not be improper to observe, that King James was, on the 24th November 1589, married to Anne, second daughter of Frederick IL King of Denmark. This princess was the mother of Henry Frederick ; and we learn from Ames, (vol. iii. p. 1383), that in 1600, there was printed at London by Thomas Creed, " A True Report of the most tryumphant and ryall accomplisment of the baptisme of the most excellent, right high, and mighty prince, Henry Frederick, by the grace of God, Prince of Wales, as it was solemnised, August 30, 1594." He adds in a note : — " It had been printed in Scotch at Edinburgh by Rob. Waldegrave, 1594 ; wherein the prince is rightly styled Prince of Scotland. His being in this edition styled Prince of Wales, evinces that it was not printed till after King James came to the crown of England." In 1594, Johane Butter, widow of Thomas Butter, stationer, London, had license for " A true report of the baptisme of the prince in Scotland ; — The tryumphant and princelie newe ballad, declaring the royaltie and magnificence performed at the baptisme of the Prince of Scotland." — [_Vide jimes, p. 1349.] — We have endeavoured in vain to obtain a sight of these editions ; we could not even procure any edition of an earlier date than that from which we print ; but it is presumed, that it gives faithfully the text of the London edition of 1603, which, as Ames takes no notice of an edition of that date, we suppose must be the same as that mentioned above, as having been printed by Thomas Creed in 1600. Another edition was printed at Edinburgh by John Reid, younger, in 1703, with a title-page, purporting to be an exact copy of the London edition of 1603; but on comparing it with the one from which we print, we find the orthography modernised throughout : it has the following note from the publisher to the reader : — " Having procured a copy of the relation of the solemnity and splendour of the baptism of Prince Henrv, whose singular virtues and accomplishments occasioned so great lamentations at his death, that it is a proverb to this day, did not good Prince Henry die j used as a miti gation of sorrow to these who bemoan the loss of their friends and relations. I thought it would not be unacceptable to the publiek at this time, seing we have therein in some measure a view of the antient glory and splendour of this kingdom, and in what estimation it was had with neighbouring countries, tho ever since the union of the crowns, our greatness has been declining, till at length we are come to a wonderfuU Inw ebb, which it's hop'd the parliament will now eflfectually con sider, and do something that may retrieve our ancient power and glory, as (thanks to God) many shew great propensity to do.'' We may add, that what is given in parenthesis in our title-page to the tract, is copied from the edition of ^703. The " True Accompt" was reprinted by the Jacobites in 1745, with the preface to the edition of 1687. — Edinburgh, printed and sold in the Swan Close for Philander, Bvo. 16 pages.-— There have also been later editions published, which are not deservrng of notice.] A TRUE ACCOMPT OF THE MOST TRIUMPHANT, AND ROYAL ACCOMPLISHMENT OF THE BAPTISM OF THE MOST EXCELLENT, RIGHT HIGH, AND MIGHTY PRINCE, HENRY FREDERICK, BY THE GRACE OF GOD PRINCE OF SCOTLAN'D, AND NOW PRINCE OF WALES. AS IT WAS SOLEMNIZED THE 30: DAY Ot AUGUST 1394. EXACTLY REPRINTED, CONFORM TO THE OLD COPY, PRINTED IN LONDON, IN THE YEAR 1603. ( Whereby a brief View of the Greatness and Splendour qf the Kingdom is shown, as well as what Figure a great many Antient Families then made, as doth appear by the Recital qf the Names of the Lords and Barrons present at the Solemnity.) EDINBURGH: PRINTED BY JOHN REID, FOR ALEXANDER OGSTON ; AND SOLD IN THE PARLIAMENT CLOSS. 1687. 472 THE BOOKSELLER TO THE READER. This little piece having casually fallen in my hands, for merly printed at London, in the year 1603 : which con tains a succinct account of the solemnity of the birth and baptism of a royal prince of this kingdom, a prince so much lamented upon his deceass in the flower of his age, that when the women in Scotland, even unto this day, do lament the death of their dearest children, to comfort them, it is ordinarily said, and is past in a proverb. Did not good Prince Henry die ? In which the genius, wit, learning, and delicacy of the Scots court at so great a distance of time is epitomized : And if any doubt the matter of fact related, they may be fully convinced by several pieces of the workmanship used upon that signal occasion, and particularly the ship yet exstant, which I have lately seen in the apartment next to the great hall, in the Castle of Stirling, where that triumphant and royal intertainment was kept ; a greater and more magnificent upon such an occasion is not recorded to have been per formed by any court at that time in Christendom. And lest such a piece of curiosity and antiquity, now long out of print, might be lost, I thought it not improper to revive it by this new impression, for the satisfaction and diversion of those that love the antiquities of this king dom. 473 TRUE ACCOMPT BAPTISM OF THE PRINCE OF SCOTLAND. The noble and most potent Prince of Scotland was born in the castle of Striuiling, vpon Tuesday, the 19 day of February 1594, vpon which occasion the kings majestie, sent for the nobles of his land, and to all the capitali Burrows thereof, to haue their aduise, how he should proceed for the dve solemnization of his royal bap tisme, and what princes he should send too. When they were all compeired with great diligence and goodwill, he proponed vnto them, that it was necessary, to direct out ambassadours to France, England, Denmarke, Low Coun tries, the Duke of Brunswicke his brother in law, and to the Duke of Magdelburgh, the queenes majesties Grand father, and to such other princes as should be thought expedient. Likewise, he thought the castle of Striuiling, the most convenient place for the residence of this most noble and mightie prince, in respect that he was born there : As also, it was necessary, that sufficient prepara tion might be made for the ambassadours that should be invited to come, for honour of the crown and countrey. And besides all this, because the chappeli royall was rui- 474 nous, and too little, concluded, that the old chappeli should be utterly rased, and a new erected in the same place, that should be more large, long and glorious, to entertain the great number of straungers expected. These propositions at length considered, they all with a free voluntarie deliberation, graunted vnto his majestie, the summe of an hundred thousand pounds money of Scot land. Then was there ambassadors elected, to pass in France, England, Denmarke, the Lowe-Countries, and other places before mentioned, who were aU dispatched with such expedition, and their legacies ¦ took such wished effect : That first there came two famous men from the King of Denmarke, the one Christianus Bernekow, the other Stenio Bille, these came to Leyth the 16. of July. The next day after them, came Adamus Crusius, ambas sadour for the Duke of Brunswick, and Joachimus Bes- seuitius ambassadour for the Duke of Magdelburgh, who is grand father to the noble Princesse Anne, by the grace of God Queene of Scotland. Thirdly, the 3. day of August, there came ambassadors from the Stales of Hol land and Zeland, the Barron of Braderod, and the treasurer of Zeland, called Jacobus Falkius. There was also a noble man directed from England, to wit, the Earle of Cumberland, who even when he had pre pared himself richly, and honourably in all respects for his voyage to come into Scotland, and divers noble-men and gentlemen of renown, prepared and commanded for his honourable conuoy, it pleased God to wisit him with sickness : And in that respect an other noble man was chosen to supply his place, which was the Earle of Sussex, &c. And he in consideration of his short and unexpected advertisement, made such diligence in his voyage, and magnificence for his own person and honourable conuoy, as was thought rare and rich by all men : whereby it fell 475 out, that betwixt the sickness of the one noble man, and the hastie preparation of the other, the time was so farre spent, that the very prefixt dayes of the baptisme were sundrie times delayed. And because the ambassadour of England was so long a comming : And the ambassadours of Denmarke, Brunswicke and Magdelburgh, were feared to be hindred in their voyage by the sea, by reason of the neare approaching of winter : They desired daily of the kings maiestie, dureing their remaining in Edenburgh, to have some prefixed day to be nominate and certainly kept, that immediately thereaftei', they might be dispatched, which he granted at the last, although he had diners great impediments to the contrary. The first was, because the chappeli royall and castle of Striuiling, was not fully compleit in all such necessaries, as was requisite, although he had the supply of the greatest number of artificers in the whole country, conuened there of all crafts for that seruice, and his maiesties owne person dayly ouerseer, with large and liberall payment : but the chiefest cause was the long absence of an ambassadour from England, which his maiestie greatly respected for many causes : And last of all, expecting that some ambassadour should have come from France, which fell not out as was looked for. But when the ambassadour was come fi"om England to o Edenburgh, foorthwith, his maiestie dispatched one of the gentlemen of his highnes chalmer, to request him to re paire towards Striuiling the next day with all possible di ligence, (which was the 28. day of August) because he would haue had the baptisme administred the day follow ing. But neither were the propines sent by the Queen of England, neither her ambassadours owne cariages as then come : Therefore the baptisme was delayed vntill the 30. day of August, as ye shaU hear particularly here after. 476 But in the meane time, it is to be understood, that all these noble ambassadours before expressed, were honour ably sustained upon the kings maiesties owne proper costes, during the whole time of their residence in Scotland, saue only the ambassadour of England, whose whole expences were defrayed by his soveraigne the Queen of England. And because the rest of the ambassadours were repaired to Striuiling by his majesties direction, long before the coming of the English ambassadour, his highness bestow ed the time with them in magnifique banketling, revelling, and dayly hunting with great honour. The kings maiestie, purposing fiirther to decore by magnificence this action, committed the charge thereof to the Lord of Lendores, and M, WiUiam Fowler, who by their trauels, diligence, and invention, brought it to that perfection, which the shortnesse of time and other consi derations could permit. So they having consulted together, concluded that those exercises that were to be vsed for de coration of that solemnitie, were to be deuided both in field pastimes, with martial] andheroicaU exploits, and in house hold, with rare shewes and singular inuentions. The field to be used at two seuerall daies : the first to be of three Turkes, three Christian knights of Malta, three Amazones, and three Moores. But by reason of the ab sence, or at the least, the uncertain presence of the three last gentlemen, who should haue sustained these person ages, it was thought good, that the number of that maske should consist of nine actors, nine pages, and nine lackies, which comming from sundry parts and at diners times, together with the diversitie of their apparel, should bring some noveltie to the beholders. The place most expedient for this action, was the valey, neare the castle, which being prepared for that purpose, both with carier and scaffold, after the comming of the 477 queenes majestie, with her honourable and gaUant ladies, together with the honorable ambassadors, the field being beset by the braue yonkers of Edinburgh, with their hag- butes, during the whole time of that pastime. Then three Christians entered the field with sound of trumpet, who were the kings maiestie, the Earle of Mar, and Thomas Erskine, (gentleman of his maiesties chalmer) who made vp this number. A little after followed, three apparelled lyke Turkes, very gorgeously attired : and these were the Duke of Lennox, the Lord Home, and Syr Robert Ker of Cesfurde knight. Last of all, came in three Amazones in womens attire, very sumptuously clad, and these were the Lord of Len dores, the Lord of Barclewch, and the Abbot of Holy roote house. So all these persons being present, and at their entrie, making their reuerence to the Queenes maiestie, ambassadours and ladies, having their pages ryding upon their led horse, and on their left armes, bear ing their maisters imprese or deuice. The kings maiesties was a lyons head with open eyes, which signifieth after a mislique and hierogllphique sence, fortitude and vigilancie : the words were, Timeat et pri mus et vltimus orbis. The second was a dogs collar, all beset with yron pikes, the wordes were these, Offendit et defendit. The third of that Christian army, was a wiiid- mil, with her spokes unmoving, windes unblowing on every side, with these words, Ni sperat immota. The second faction did carie these : A hart half in fire, and half in frost : on the one part cupids torch, and on the other lupiters thunder, with these words Hinc amor, inde metus. The other page a Zodiacke, and in the same, the moone farre opposit to the sunne, with these words : Qiio remotior, lucidior. That is to say, the farther, the 478 fairer. The third of this partie, caried painted, foure coach wheeles, the hindmost following the foremost, and yet never overtaking them, with these words. Quo magis insequor. The last three pages, bare in their targets, these im presses following, a crown, an eye, and a portcullis : the crown betokening the power of God, the eye his providence, and the portcullis his protection, with these words, which were composed in Anagrame, of Walterus Scotus, the laird of Bacleughs name, Clausus tutus ero. The second page of this party, carried on his targe, the portraiture of an hand, holding an eill by the tail, alluding to the uncertainty of persons, or of times, with these words, Vt frustra, sic patienter. The last was this, a fire in sight of the sun, burning, and not perceived, with this sentence, Oblector lumine vidus. And euery lackie, carying in his hand his maisters launce. They began their pastime by running at the ring and gloue : the lawes whereof were these. 1 First, that all the persons of this pastime compeare masked, and in such order as they come into the field, so to run out all their courses. 2 Secondly, that none vse any other ring, but that which is put vp : and use no other launce, but that which they have brought for themselves. 3 Thirdly, he that twice touches the ring, or stirres it, winnelh as much if he caried away the ring. 4 Fourthly, he that lets his launce fall out of his hand, is depriued of all the rest of his courses. 5 Fiftly, that euery one run with loose rains, and with as much speed as his horse hath. 6 Sixtly, that none after his race, in vptaking of his horse, lay his launce upon his shoulder, vnder the pain of losse of that which he hath done in his course. 7 Seventhly, he that carrielh not his launce vnder his arme, loseth his course. 8 Eighlly, (hat none until his three 479 courses be ended, chaunge his horse, if be be not hurt, or vpon some other consideration moved to change him. These lawes being seen and approved by the actors, the queenes majestie signified vnto them, that he who did run best, should have for his rewarde, a faire and a rich ring of diamonds : and he also, who on that same side, had best fortune in running, he should be acknowledged with an other as fair as the first. The proof hereof being made, the victorie fell to the Duke of Lennox, who bringing it to his side and party, had the praise and prise adiudged to himself. Thus the first dayes pastime was ended, with great contentment to the beholders, and commendation of the persons enterprisers. The second dayes pastime was extended, by reason that the artisans were imployed in other businesse, who should haue followed forth that inuention given them : And seeing the grace of that exercise consisted in embos- serie, and the craftes-men apt for the same, otherwise and necessarily busied, it was left off: Which, if it had been brought to effect, this countrey had not seen, nor practised a more rarer : for what by the brauery and strange apparell of the persons themselves, and by the diners shapes of the beasts that should have bene born and brought there in sight, had been commendable and won derful! : by reason that such beastes, as lyon, elephant, hart, vnicorne, and the griphon, together with the camel, hydro, crocadile, and dragon, (carrying their riders) had carried also with it by the newnes of that inuention, great contentment and commendation of that exercise. But I say, some arising lets impeshed this inuention : and all things were cast off", that might have farther decored this solemnity, through other vrgent occasions. And when all the ambassadours were conuened together, and all necessary materials readie, the chappel royal of 480 the castle of Striuiling was richly hung with costly tape stries : And at the north-east end of the same, a royall seat of estate prepared for the kings maiestie : And on his right handj was set a faire wide chaire, with the due ornaments pertaining thereto, ouer which was set the armes of the King of France. Next there vnto was a princely .trauers of crimson taffeta, for the ambassadour of England : and oner his head the armes of England : on the desk before him lay a cushion of red veluot : There stood attending on him two gentle men vshers, appointed by the Queene of England for that present seruice. Next unto him sat M. Robert Bowes, Ambassadour ordinary for the Queene of England : On the desk before him was laid a cloth of purple veluote, and a cushion sutable therevnto. Then sat the ambassadour of the noble prince Henricus Julius, Duke of Brunswick, and before him on the desk was laid a cloth of green veluete, with a cushen of the same : and ouer his head the arms of his prince. Next unto him sate the ambassadours of the Lowe Coun tries, with a long fair cloth spred on the desk before them of blewe veluel and two cushions sutable therevnto, and ouer their heads the arms of their countries. On the kings left hand, was placed nearest his maiestie, the two ambassadours of Denmark, with a large broad cloth spred on the desk before them of purple veluel, and the arms of Denmark ouer their heads. Next vnto them sate the ambassadour of the noble Prince Vdalricus, Duke of Magdelburgh, with his princes arms ouer his head. In the middest of the chappeli royall within the parti tion, where the kings maiestie, the ambassadours, and prince with his conuoy were placed, there was a new pulpit 481 erected : The same was richly hung with cloth of gold : AU the pauemenl within this partition was prince-like laid with fine tapestry. Vnder the pidpit was another deske, wherein sate in the midst, M. David Cuninghame, Bishop of Abirdene, M. David Lindesay, Minister of Leyth, and John Dun- canson, one of the ordinary ministers to the kings maiestie : Before whome was set a table, couered with yealow uelvet. And when all things were in readines, as was requisite, there was placed a hundred hagbulters (being onely the yonkers of Edinburgh, brauely apparelled) in order, be twixt the princes vtter chalmer doore, and the entry to the chappeli royall, on both the sides of the passage. Then the kings maiestie, with his nobles and counsel lors attending on him, entred the chappeU, and there sat downe in his royall seate of estate. All the ambassadours likewise were sent for, and ,con- uoyed to the princes chalmer of presence, where the prince was lying on his bed of estate, richly decored, and wrought with brodered worke, containing the story of Hercules and his trauels. This bed was erected on a platforme, very artificially, with a foote pace of three degrees ascending to it : The degrees being couered with tapeslrie all wrought with golde, and a large cloth of lawne, couering both the bed and the degrees, which reached forth a great space over the flore. Then the old Countesse of Mar, with reuerence past to the bed, she tooke vp the prince, and deliuered him to the Duke of Lennox, who presently rendred him likewise to the ambassador of England, to be borne to the chappel royall. The maister of the ceremonies, addressing himself to a table in the said chalmer, curiously ordered, whereon stood those ornaments of honor which were to be born to 2h 482 the chappeli before the prince, with due reuerence deliuer ed them to certaine noble men, according to the order appointed by his maiestie for the bearing thereof. In like manner, the princes robe-royall, being of purple velvote very richly set with pearle, was delivered to the Duke of Lennox, who put the same about the prince : the traine whereof was born vp by the Lord Sinclair, and the Lord Vrquhart. Then they remoued themselues to the vtter chalmer, where there was a fair high pale made fouresquare, of crimson veluote attending which was laid on with rich pasments, and fringed with gold. This pale was sustained by four worshipful barons ; The Laird of Bacleugh, the Constable of Dundee, Sir Robert Ker of Cesfurd knight, and the Laird of Traquhair. Vnder the which pale were the embassadours of England, Robert Earl of Sussex, carrying the prince in his armes, and M. Robert Bowes, ordinary ambassador for England, assisting him. Next to them was the Duke of Lennox. About the pale were the ambassadours of Denmark, Magdelburgh, Brunswick, and the Estates. There follow ed the old Countesse of Mar, Mistris Bowes, diverse ladies of honour, with the Mislresse Nurse. Then the trumpets sounding melodiously before the prince and his conuoy, went forward : Lyon king of armes, and the heraulds his brethren with their coat-armours, in goodly order following. Next followed the princes honors, borne by these noble men : the Lord Sempill carrying a lauar of water ; the Lorde Seton a fair basen : the Lorde Leuingston a towel, and the Lorde Home a low crowne competent for a duke, richly set with diamonds, saphires, rubies, and emeraulds : who approaching neare the pulpit, where these honors were receiued from them, by the maister of the ceremonies, and by him placed on the table- before 483 the pulpit : the noblemen relyring backe to their appoint ed places. Lastly, the pale was carried in before the pulpit, where the ambassador of England rendered the prince to the Duke of Lentiox, who immediately deliuered him to the old Countesse of Mar, and she consequently to the Mis- tresse Nurse. And all the ambassadors were then set, in such order of places, as the demonstration of their armo ries, gave notice. Without the partition, were ornate fourmes, all couered with greene, wherevpon were placed the gentlemen of England, Denmarke, Almaine, Flanders and Scotland. And as all men were thus competently placed, and vni- uersall silence made, entered M. Patrik Galloway, one of his maiesties ordinary preachers into the pulpit, who learnedly and godly entreated vpon the text of the 21. of Genesis- Which being done, the Bishop of Aberdene stood vp in his seate, and taught vpon the sacrament of baptisme, first in the vulgar tongue, and next in the La tine, to the end all men might generally vnderstand. This done, the prouost and prebends of the chappel royall, did sing the 21. psalme of Dauid, according to the art of musique, to the great delectation of the noble audi tory. Then they proceeded to the action. The king arose and came towards the pulpit. The ambassadours followed in their order, Tbe barons that carried the pale aboue the prince, moued towards the pulpit: the Duke of Lennox receiued the prince from the Countesse of Mar, and deliuered him to the hands of the Earle of Sussex, ambassadour for England : wher^ hee was named by all their consents, Frederike Henby, Henry Frede- RIKE, and so baptized, in the name of the Father, Sonne, and Holy Ghost, by the said names. 484 This being done, Lyon king of armes with a loude voice repeates these names thrise ouer ; and then after him the rest of his brethren herauldes, with trumpets sounding, confirmed the same. Then the kings majestie, ambassadours, and all re- mouing to their places : the English ambassadour alone, withdrawing himself on the one side was mette and at tended on by two groomes, who humbly on their knees, the one presenting a large rich basen, the other a sutable lauar, repleat with sweete wa'ter, wherewith the ambassa dour washed ; a gentleman sewer with humble reverence presenting him a faire towell, wherewith he dried his hands, and so forthwith returned to his place. This being done, the bishop ascended to the pulpitte, where, after that hee had deliuered in verse a certaine praise and commendation of the prince, then hee conuer- ted the rest of his Latine oration in prose to the ambas sadours, euery one in particular, beginning at the ambas sadour of England, and so continuing with the rest ; wherein he made mention of the chronology of each of these princes, and recited the proximitie, and nearenesse of bloud, that they had with Scotland. Concluding his oration with exhortation and thanksgiving to God for that good occasion, and prosperous assembly. In conclusion, the blessing being given, Lyon king of armes, cryed with a loud voice, God save Frederick Henry, and Henry Frederick, by the grace of God, Prince of Scotland. The rest of the heraulds proclaimed the same at an open window of the chappeli royall, with sound of trumpet. Then the king, the prince, the ambassadors, the nobles, and ladies of honor, retyred forth of the chappel in such order as they entered, and repaired towards the kings hall ; during their passage, the cannons of the castle roared. 485 that therwith the earth trembled, and other smaller shot made their harmonic after their kinde. In the kings hall the Duke of Lennox receiued the prince from the ambassador of England, and presented him to the kings maiestie, who addubbed him knight. He was touched with the spur by the Earl of Mar : thereafter the kings maiestie presented a ducall crowne on his head, and then was proclaimed by Lyon king of arms, The right excellent, high, and magnanime Frederik Henry, Henry Frederik, by the grace of God, Knight and Barron of Renfrew, Lord of the Yles, Earle of Carrike, Duke of Rosay, Prince and great Steward of Scotland. These wordes were repeated by the heraulds with a loud voice, at an open window of the hall. Then the prince was carried by the ambassadour of England, to his owne chalmer of presence, where the most rich and rare propynes were there presented. Also, there were certain barons andgendemen addubbed knights, whose names do follow in order as they were proclaimed. And first their oath. THE OATH OF A KNIGHT. 1 I shall fortifie and defend the true Christian religion, and Christs holy Euangel, now presently preached within this realme, to tiie vttermost of my power. 2 I shall be loyall and true to my soueraigne lord the Icings maiestie, to all orders of chiualrie, and to the noble office of armes. 3 / shall fortifie and defend iustice at my power, and that without fauour or feed. 4 I shall never flie from my soueraigne lord, the kings maiestie, nor from his highnesse lieuetenants in time ofmellay and battell. 486 5 / shall defend my natiue realme f-om all allieners and strangers. 6 I shall defend the iust action and quarrel all qf ladies of honor, of all true and friendles widowes, of orphants, and qf maidens qf good fame. 7 / shall do diligence whersoever I heare there is any murtherers, traytors, and maisterfull reauers, that oppresseth the kings lieges, and poore people, to bring them to the lawe at my power. 8 / shall maintain and uphold the noble estate of chival- rie, with horse, harnishe, and other knightly abillements ,- and shall helpe and succour them of the same order at my power, if they haue neede. 9 / shall enquire and seelce to have tlie knowledge and understanding qf all the articles and points contained in the book of cliiualry. All tliese premisses to observe, keep, and fulfil, I oblesse me, so help me my God, by my owne hand, so help me God, Sfc. Sir William Stewart of Houstoun, knight. Sir Robert Bruce of Clackmannan, knight. Sir lohn BosweU of Balmowtow, knight. Sir lames Schaw of Salquhy, knight. Sir lohn Murray of Ethilstoun, knight. Sir WUliam Menteith of Kerse, knight. Sir Alexander Eraser of Fraserburgh, knight. Sir lohn Lindesay of Dunrod, knight. Sir George Leuingston of Ogilface, knight. Sir lames Forester of Torwood-head, knight. Sir Andrew Balfoure of Strathour, knight. Sir Walter Dundas of ouer Newlistoun, knight. Sir lohn BosWel of Glasemont, knight. Sir George Elphingstoun of Blythwood, knight. Sir William Leuingston of Darnechester, knight. 487 Sir Dauid Meldrum of New haU, knight. These names were proclaimed vpon the tarrase of the forefi-ont of the castle, with sound of trumpets, and great quantity of diners especes of gold and money cast ouer amongst the people. These things being accomplished, the king and queenes maiesties, with the ambassadours, addressed themselues to the banket in the great hall, about eight of the clock at night. Then came Lyon king of arms, with his brethren the herauldes, and entred the hall before the king and queens meate, the trumpets sounding melodiously before them, with these noble men bearing office for the present. The Earl of Mar, ) Great Maister-houshold. The Lord Fleming, J Great Maister- Vsher. The Earl of Montroze, "i Caruer. The Earl of Montroze, '\ Caruer. "J The Earl of Glencarne, > Copper. V For the K. M. The Earl of Orkenay, ) Sewer. ) } Caruer. "i Copper. > For the Queens M. Sewer, j The Lord Seton, "J Caruer The Lord Hume. The Lord Sempill This delicate banquet beeing ordered with great abun dance, the king, queene, and ambassadours, were placed all at one table, being formed of three parts, after a geo metrical! figure, in such sort, that euery one might haue a full sight of the other. The king and queens maiesties were placed in the midst of the table, and on the kings right hand were set the English ambassadours, the Earl of Sussex, and M. Robert Bowes, next them sat the ambassadour from the Duke of Brunswick, and the ambassadour from the Duke of Magdelburgh. On the kings left hand, next to the queenes maiestie, eate the ambassadour of Denmark, and ambassadours 488 from the states of Holland and Zeland : Betwixt every one of their seates was left a good space. On the east and west side of the hall was placed two very long tables, where were set certain noble men, ladies of honour, and counsellers of Scotland, and with them, the noble men and gentlemen of England, Denmark, Almanie, and Flanders. And betwixt every noble man and gentleman stranger, was placed a_lady of honour, or gentle woman. Now, being thus in a very honourable and comely order set, and after a while, having well refreshed them selves with the first seruice, which was very sumptuous, there came into the sight of them all, a Black-Moore, drawing (as it seemed to the beholders) a triumphall chariot (and before it, the melodious noise of trumpets and howboyes), which chariot entred the hall, the motion of the whole frame (which was twelue foot long, and seuen foot broad) was so artificial within it selfe, that it appeared to be drawne in onely by the strength of a Moore, which was very richly attired, his traces were great chaines of pure gold. Vpon this chariot was finely and artificially deuised a sumptuous couered table, decked with all sorts of exqui site delicates and dainties, of patisserie, frutages, and confections. About the table were placed six gallant dames, who represented a silent comedie, three of them clothed in Argentine saten, and three in crimson saten : All these six garments were enriched with togue and tinsal of pure gold and siluer, euery one of them hauing a crowne or garland on their heads, very richly decked with feathers, pearles, and iewels, upon their loose haire, in Antica forma. In the first Iront stood dame Ceres, with a sickle in 489 her right hand, and a handfull of corne in the other, and upon the outmost part of her thigh was written this sentence, Fundent vberes omnia campi, which is to say, the plenteous fields shall affbord all things. Ouere against Ceres stood Faecunditie, with some bushes of chesbolls, which, under an hierogliphik sence, representeth broodines, with this deuise, Fcelix prole di- vum, and on tlie other side of her habite, Crescant in mille. The first importing that this country is blessed by the childe of the goddes, and the second alluding to the king and queenes maiesties, that their generations may grow iiito thousands. Next, on the other side, was placed Faith, hauing in her hands a basen, and in the same two hands ioyned together, with this sentence, Boni alumna coniugij. The fortresse and nurse of a blessed marriage. Over against Faith stood Concorde, with a golden tasse in her left hand, and the borne of aboundance in her right hand, with this sentence, Plene beant te numina sinu. The heauenly powers do blesse thee with a full bosome. The next place was occupied by Liberalitie, who hau ing in her right hand two crownes, and in her left two scepters, with this deuise. Me comite plvra quam dabis, accipies. That is to say, hauing me thy follower, thou shalt receive more than thou shalt giue. And the last was Perseuerance, hauing in her right hand a staffe, and on her left shoulder an anchor, with this deuise. Nee dubia res mutabunt, nee secunda. Neither doubtfull nor more prosperous things shall change your state. This chariot, which should haue been drawne in by a lyon (but because his presence might haue brought some feare to the nearest, or that the sight of the lights and 490 torches might haue commoued his tamenes), it was thought meete that the Moore should supply that roome : And so he in outwarde shewe preased to draw that forward, which by a secret conuoy was brought to the princes table, and the whole desert was deliuered by Ceres, Foecunditie, Faith, Concord, Liberalitie, and Perseue rance, to the earles, lords, and barons that were sewers. Presently after the returning of the chariot entered a most sumptuous, artificiall, and well proportioned ship ; the length of her keelo was 18 foot, and her bredth 8 foote : from her bottome to her highest flagge was 40 foote : the sea shee stood vpon was 24 foot long, with bredth conuenient : her motion was so artificially deuised within here self, that none could perceiue what brought her in. The sea vnder her was liuely counterfeit, with all colours : on her foresterne was placed Neptunus, hauing in his hand his trident, and on his head a crowne : his apparell was all of Indian cloth of siluer and silke, which bare this inscription, lunxi atque reduxi, which in sence importeth, that as he ioyned them, so he reduced their maiesties. Then Thetis with her mace, goddesse of the sea, with this deuise, Nunquam abero et tuium semper te littore sistam, which signifieth, that by hir presence shee alwaies shall be carefull to bring them into a safe shore and har- borow. Then Triton, with his wilke trumpet, was next to her, with this deuise. Veils, votis, venlis. By sailes, by vowes, by windes. Round about the ship were all the marine people, as Syrenes (aboue the middle as women, and vnder as fishes), and these were Parthenope, Ligea, and Leucosia, who accommodating their gestures to the voice of the musi- tions, repeated this verse, Vnus eris nobis cantandus semper 491 in orbe. And all the same was decored with the riches of the seas, as pearles, coralls, shellea, and mettals, verie rare and excellent. The bulke of this ship was curiously painted, and her galleries ; wherevpon stood the most part of the banket in christalline glasse, gilt with gold and azure. Her mastes were redde ; her takling and cordage was silke of the same colour, with golden pulleis. Her ordinance was 36 peeces of brasse, brauely mounted ; and her anchors siluer-gilte. And all her sayles were double of white taffata. And in her fore-sayle a shippe compasse, re garding the north starre, with this sentence, Quascunque per vndas. Which is to say, through whatsoeuer seas or waues the kings maiestie intendeth his course, and pro- iect of any arrising action, Neptune, as god of the sea, shall be fauourable to his proceedings. On the main saile was painted the armories of Scotland and Denmark, with this deuice, competent in the person of the Prince of Scotland, En quce diuisa beatos efficiunt, collecta tenes. That is to say. Behold (O Prince) what doth make these kingdomes severally blessed, iointly (O Prince of hope) thou holdes, and hast together. Her tops were all armed with taffataes of his maiesties colours, gold and iewels, and all her flagges and streamers sutable to the same. Her marriners were in number six, apparrelled all in chaungeable Spanish taffataes, and her pilote in cloth of gold. He alone stood at the helm, who only moued and gouerned the whole frame, both the ship and her burden, very artificially. The musitions within the same were 14, aU apparelled in taffataes of his maiesties colours, besides Arion with his harpe. Being thus prepared, at the sounde of trumpets she ap- 492 proached, and at the next sounde of Tritons wilke trum pet, together with the masters whistle, she made sayle till shee came to the table, discharging the ordinance in her sterne by the way : But because this deuise carried some morall meaning with it, it shall not be impertinent to this purpose to discouer what is meant and propyned thereby. The kings maiestie hauing vridertaken in such a despe rate time to saile to Norway, and, Uke a new lason, to bring his queene, our gracious lady, to this kingdome, being detained and stopped by the conspiracies of witches and such devilish dragons, thought it very meet to follow forth this his own inuention, that as Neptunus (speaking poetically, and by such fictions as the Uke interludes and actions are accustomed to be decored withall) ioyned the king to the queene. So after this coniunction, hee brought their maiesties as happily hither : and now at this her blessed deliuery did bring such things as the sea affbords, to decore this festi- ual time with all : which immediatly were deliuered to the sewers forth of the gaUeries of this ship, out of chris- taline glasse, very curiously painted with gold and azure, all sorts of fishes ; as hearings, whitings, flooks, oysters, buckles, lampets, partans, lapstars, crabs, spout-fish, clammes ; with other infinite thing made of suger, and most liuely represented in their owne shape. And whilst the ship was vnloading, Arion sitting vpon the galey nose, which resembled the form of a dolphine fish, played vpon his harpe : then begane her musick in greene holyrie how boyes, in fine parts. After that followed viols with voices in plaine counterpoint, to the nature of these hexameter verses. A'ndique conueniaiit, quot Rcgcs iiomiiK' ClirUti Gauflcnt, luiuquo suas maturt'iit irogGre vires. ^'iI¦ibus Iios, O Rex, opibutque ante iveriy onuies 49S Quisque suam iam posse velit tibi cedere sortem. Regna, viros, aurura, quae te fecere potentem. Omnia coniugij decorant hsec pignora cliari ; Anna precor foelix multos feliciter annos, Viue, resume nouas, ttque annuus anni Lustar eat, redeatque ; nouo-tibi partus ab ortu. Cresce Puer, sacri mens numinis imbibar irabres, Semper vterque parens de te nova gaudia captet. Scotia, quae quondam multis tenebrosa Vocata est Lumina magna nitent in te supei'antla cffilum. Lux Verbi, et Rex, et Princeps diademata Regni. After which ensued a stil noise of recoders and fluts ; and for the fourth, a general consort of the best instru ments. So this enterlude drawing neare to an end, in the very last courses was discouered this sentence likewise, Submis- sus adorat occeanus, inferring, that the occean sea, by offering the shapes of her treasure, humbly adored and honoured the sitters. And when in this time all the banket was done, after thanks being giuen, there was sung with most delicate dulce voices, and sweet harmonie in 7 partes, the 128 psalm,' with 14 voyces. And that being done, at the sounH of Tritons wilke trumpet, and the pilottes whistle, she wayed anchor, made saile, and with noise of howboyes and trumpets retyred, and then dis charged the rest of her ordinance, to the great admiration of the beholders. After all which pastime and sport, with merrie and joy- full repast, the king and queenes maiesties, after their offices of honour and respect, place being prepared for the reuels, and the persons appointed for the same, dis charging themselves sufficiently. Their maiesties and ambassadors went to an other hall, most richly and mag nificently hung with rich tapistrie, where for the collation a most rare, sumptuous, and prince-like desart was pre- 494 pared ; which being ended, after taking leaue and good- nights, they departed about three of the clock in the morning to their nights rest. The dayes ensuing, so long as leisur might serue, was bestowed by the ambassadours in banketting of noblemen and gentlemen of their acquaintance ; and the king in the mean time was solicite and carefull of honourable and magnifike rewards, to be bestowed on either of them, which was also princely performed, to their great content ments. And as they were come to Edinburgh, they were all banketted at sometime seUerally, and at other times toge ther, by diuers noblemen of Scotland, with great honour : Last of all, one ambassadour banketted an other, for commemoration of that ioyfull meeting and good successe. Then the king and queenes maiesties came to Eden burgh, where they were inuited by the ambassadours of Denmarke vnto a banket within their ship, which lay at anchor in the riuer of Forth : She was so great, that she could not enter the harborow. The banket was very sumptuous, and the ambassadours so ioyous of their finall dispatch, behaued themselues to their maiesties on a kindly manner, according to the ordinary custome of their countrey, by propining of drink vnto them in the name of their princes, which was louing- ly accepted and requited : In commemoration whereof, the whole artillery of that great vessel were shot in great number. The three great ships of the estates, lying in the same road neare by, made correspondance and resonance to the number of six score great shot ; and thus concluded their Bein ale. Then the Castle of Edenburgh, for performance of the 495 kings honour, as they perceiued the ships to lose, and to hoise vp saile : The captain of the castle saluted euery ship, as they shewed themselues in readines by Order, with a number of great cannon shot. And so I conclude. END OF VOLUME FIRST. EDINBURGH : Printed by John Brewster, 11 Society. YALE UNIVERSITY LIBRARY 3 9002 04078 6510 1 /- , 4 f ^ ^^ - • ^4^tM^M|- * ^^i" ^fm . AMf Ma «L..