to the seal, and being sealed to send it immediately away unto the commissioners, according to the direction. Herself appointing the hall of Fotheringay for the place of execution, misliking the court-yard, in divers respects, and in conclusion absolutely forbad him to trouble her any further, or let her hear any more hereof, till it was done. She, for her part, having (as she said) performed all that, in law or reason, could be required of her.

4. Which directions notwithstanding, he kept the warrant sealed all that night, and the greatest part of the next day in his hands, brought it back with him to the court, acquainted Her Majesty withal, and finding Her Majesty resolved to proceed therein, according to her former directions, and yet desirous to carry the matter so, as she might throw the burthen from herself, he absolutely resolved to quit his hands thereof.

5. And hereupon went over unto the Lord Treasurer's chamber, together with Mr. Vice-chamberlain Hatton, and in his presence restored the same into the hands of the said Lord Treasurer, of whom he had before received it, who from thenceforth kept it, till himself and the rest of the council sent it away. Which, in substance and truth, is all the part and interest the said Davison had in this cause, whatsoever is, or may be pretended to the contrary.

Touching the sending down thereof unto the commissioners, that it was the general act of Her Majesty's council (as is before mentioned) and not any private act of his, may appear by,

1. Their own confession. 2. Their own letters sent down therewith to the commissioners. 3. The testimonies of the Lords and others to whom they were directed. As also, 4, of Mr. Beale, by whom they were sent. 5. The tenor of Her Majesty's first commission for their calling to the star-chamber for the same, and private appearance and submission afterwards instead thereof before the Lord Chancellor Bromley. 6. The confession of Mr. Attorney-General in open court confirmed. 7. By the sentence itself upon Record. 8. Besides a common act of council, containing an answer to be verbally delivered to the Scottish ambassador then remaining here, avowing and justifying the same.

Now where some suppose him to have given some extraordinary furtherance thereunto, the contrary may evidently appear by,

1. His former absolute refusal to sign the band of association, being earnestly pressed thereunto by Her Majesty's self.

2. His excusing of himself from being used as a commissioner, in the examination of Babington and his accomplices, and avoiding the same by a journey to the Bath.

3. His being a mean to stay the commissioners from pronouncing of the sentence at Fotheringay, and deferring it till they should return to Her Majesty's presence.

4. His keeping the warrant in his hands six weeks unpresented, without once offering to carry it up, till Her Majesty sent expressly for the same to sign.

5. His deferring to send it away after it was sealed unto the commissioners, as he was specially commanded, staying it all that night, and the greatest part of the next day, in his hands.

6. And, finally, his restoring therec into the hands of the Lord Treasurer, of whom he had before received the same.

Which are clear and evident proofs, that the said Davison did nothing in this cause whatsoever, contrary to the duty of the place he then held in Her Ma iesty's service.

This seems to be an original. On the back is this title:

The innocency of Mr. Davison in the cause of the late Scottish Queen

VOL. III.-56

No. LIII. (p. 312.)

Letter from to His Majesty King James.*

[From the original. Bibl. Fac. Jur. Edin. A. 1. 34. No. 4.

Most worthy Prince, the depending dangers upon your affectionates, have been such, as hath enforced silence in him, who is faithfully devoted to your person, and in due time of trial, will undergo all hazards of fortune for the maintenance of the just regal rights, that, by the laws divine, of nature and of nations, is invested in your royal person. Fall not then, most noble and renowned Prince, from him whose providence hath in many dangers preserved you, no doubt to be an instrument of his glory, and the good of his people. Some secrets, I find, have been revealed to your prejudice, which must proceed from some ambitious violent spirited person near Your Majesty in council and favour; no man in particular will I accuse, but I am sure it hath no foundation from any, with whom, for your service, I have held correspondence, otherwise, I had, long since, been disabled from performance of those duties, that the thoughts of my heart endeavoureth; being only known to this worthy nobleman bearer hereof, one noted in all parts of Christendom for his fidelity to your person and state, and to Mr. David Fowlis your most loyal servant, my first and faithful correspondent; and unto James Hudsone, whom I have found in all things that concern you most secret and assured. It may, therefore, please Your Majesty, at the the humble motion of , which jargon I desire to be the indorsement of your commands unto me, that, by some token of your favour, he may understand in what terms you regard his fidelity, secrecy, and service. My passionate affection to your person (not as you are a King, but as you are a good King, and have just title, after my sovereign, to be a great King) doth transport me to presumption. Condemn not, most noble Prince, the motives of care and love, altho' mixed with defects in judgment.

1. I, therefore, first beseech Your Majesty, that for the good of those whom God, by Divine Providence, hath destined to your charge, that you will be pleased to have an extraordinary care of all practicers, or practices, against your person; for it is not to be doubted, but that in both kingdoms, either out of ambition, faction, or fear, there are many that desire to have their sovereign in minority, whereby the sovereignty and state might be swayed by partiality of subalternate persons, rather than by true rule of power and justice. Preserve your person, and fear not the practices of man upon the point of your right, which will be preserved and maintained against all assaults of competition whatever. Thus I leave the protection of your person and royal posterity to the Almighty God of Heaven, who bless and preserve you and all yours, in all regal happiness, to his glory.

2. Next to the preservation of your person, is the conservation and secret keeping of your councells, which, as I have said, are often betrayed and discovered, either out of pretended zeal in religion, turbulent faction, or base conception, the which Your Majesty is to regard with all circumspection, as a matter most dangerous to your person and state, and the only means to ruin and destroy all those that stand faithfully devoted to Your Majesty's service. Some particulars, and persons of this nature, I make no doubt have been discovered by the endeavours of this nobleman, the bearer hereof, of whom Your Majesty may be further informed.

3. The third point considerable is that Your Majesty by all means possible, secure yourself of the good affection of the French King and states, by the negotiation of some faithful secret confident; the French naturally distasting the union of the British Islands under one monarch. In Germany, I doubt not, but you have many allies and friends, but by reason of their remote state they

* In the former editions I printed this as a letter from Sir Robert Cecil, but am Low satisfied that I was mistaken in forming this opinion. See Sir D. Dalrymple's Rem. on the Hist. of Scot. p. 233. As the letter is curious I republish it, though I cannot pretend to say to which of the King's nume rous correspondents in England it should be ascribed

do not so much importe this affair, which must be guided by a quick and

sudden motion.

4. When God, by whose providence the period of all persons and times is determined, shall call to his kingdom of glory Her Majesty (although I do assuredly hope that there will not be any question in competition, yet for that I hold it not fitting to give any minute entrance into a cause of so high a nature), I do humbly beseech Your Majesty to design a secret, faithful and experienced confidant servant of yours, being of an approved fidelity and judgment, continually to be here resident, whose negotiation, it were convenient Your Majesty should fortifie, with such secret trust and powers, as there may not need 14 days respite to post for authority, in a cause that cannot endure ten hours respite, without varieties of danger. In the which it is to be considered, that all such as pretend least good to your establishment, will not in public oppugn your title, but out of their cunning ambition will seek to gain time by alledging their pretence of common good to the state, in propounding of good conditions for disburthening the common weale, of divers hard laws, heavy impositions, corruptions, oppressions, &c. which is a main point to lead the popular, who are much disgusted with many particulars of this nature. It were therefore convenient, that these motives, out of Your Majesty's providence should be prevented, by your free offer in these points following, viz.

1. That Your Majesty would be pleased to abolish purveyors and purveyance, being a matter infinitely offensive to the common people, and the whole kingdom, and not profitable to the Prince.

2. That Your Majesty would be pleased to dissolve the court of wards, being the ruin of all the noble and ancient families of this realm, by base matches, and evil education of their children, by which no revenue of the crown will be defrayed.

3. The abrogating the multiplicity of penal laws, generally repined against by the subject, in regard of their uncertainty, by being many times altered from their true meaning, by variety of interpretation.

4. That Your Majesty will be pleased to admit free outport of the native commodities of this kingdom, now often restrained by subalternate persons for private profit, being most prejudicial to the commerce of all merchants, and a plain destruction to the true industry and manufacture of all kingdoms, and against the profit of the crown.

These, being by Your Majesty's confidents in the point of time propounded, will assuredly confirm unto Your Majestie the hearts and affections of the whole kingdom, and absolutely prevent all insinuations and devices of designing patriots, that out of pretext of common good would seek to patronize themselves in popular opinion and power, and thereby to derogate from Your Majesty's bounty and free favour by princely merit of your moderation, judgment, and justice.

Your Majesty's favour, thus granted to the subject, will no way impeach the profits of the crown, but advance them. The disproportionable gain of some chequer officers, with the base and mercenary profits of the idle unnecessary clerks and attendants, will only suffer some detriment; but infinite will be the good unto the kingdom, which will confirm unto Your Majesty the universal love and affection of the people, and establish your renown in the highest esteem to all posterity.

The Lord preserve Your Majestie, and make you triumphant over all your

enemies.

My care over his person, whose letters pass in this pacquet, and will die before he leave to be yours, shall be no less than of mine own life, and in like esteem will I hold all your faithful confidents, notwithstanding I will hold myself reserved from being known unto any of them, in my particular devoted affections unto your Majesty, only this extraordinary worthy man, whose associate I am in his misfortune, doth know my heart, and we both will pray for you, and if we live you shall find us together.

I beseech Your Majesty burn this letter, and the others; for altho' it be in an unusual hand, yet it may be discovered.

Your Majesty's most devoted, and humble servant,

INDEX

TO THE

HISTORY OF SCOTLAND.

Adamson, Archbishop of St. Andrews, is excom-
municated by the synod of Fife, 258. He ex-
communicated his opponents, ib. Is restored
by the general assembly upon conditions, 258,
259. His mean submission to the general as-
sembly, 283.

Albany, Alexander, duke of, cabals with his no-
bles against his brother, K. James III., 28. · Is
made prisoner, but escapes to France, ib. Con-
cludes a treaty with Edward IV. of England,
ib. Procures assistance to invade Scotland on
mean conditions, 28, 29. Returns to Scotland,
and is restored to favour, 29. Cabals again,
but is forced to fly to France, ib. Made Regent
during the minority of K. James V., 20. 30.
After several unsuccessful struggles with the
nobility, he is forced to retire to France, 31.
Alencon, Duke of, Q. Elizabeth long amuses the
court of France by carrying on a treaty of
marriage with him, 232.

Allen, Cardinal, published a book, proving the
lawfulness of killing excommunicated Prin-
ces, 253.

Alva, Duke of, his intrigues in favour of Q.
Mary, 215. 217. 222. Is recalled from his
government of the Netherlands, 225.
Ambassadors, their office, 40.
Andrews, St., the Archbishop of, remarkably
cured of a dangerous distemper, 59, 60. The
motives of his opposition to the Q. Regent, 70.
His great influence on the bench of Bishops,
and weight in Parliament, ib. Governed the
church with great moderation, 71. Persecutes
the Reformers, ib. Is imprisoned for celebrat-
ing mass, 123. Ruins Q. Mary's affairs by his
imprudent conduct, 182. Is taken prisoner in
Dumbarton castle, and hanged, 211.
French, 52.

St. the castle of, demolished by the

during the minority of K. James V., 21. 31. 1s
unable to gain his affections, 31. Is attainted,
and flies into England, ib. Obtains leave to
return into Scotland, 241. Surrenders himself
to K. James VI., 245. He with several others
seizes the castle of Stirling to oppose Arran,
246. They are forced to fly into England at
the approach of the King with an army, ib.
He is attainted, and his estate forfeited, 249.
Is concerned in a plot in favour of Spain, 285.
Is seized, and committed prisoner to the castle
of Edinburgh, 285, 286. Escapes and flies to
the mountains, 286. Offers to submit to a trial,
287. Sentence is pronounced against him, 288
He refuses to submit, ib.

Anjou, Duke of, a marriage proposed between
him and Q. Elizabeth, 214.

Anne, a Princess of Denmark, married to K.
James VI., 282, Her arrival in Scotland and
coronation, 283. Heads a party that opposes
the Chancellor, 286.

Archbishops, Bishops, Deans, and Chapters, re
vived in Scotland during the King's minority,
220, 221. This gives great offence to many of
the clergy, 221. An act of assembly against
these offices, 238. Bishops made subject to
presbyteries and assemblies, 258. A great
stroke given to their authority, 276, 277. None
of them present at the Queen's coronation, 283.
Argyll, Earl of, is appointed to carry the crown
matrimonial to the Dauphin of France, 71.
Uses his interest with the Reformers to make a
treaty with the Q. Regent, 76. Leaves her
court in resentment of her treachery, 77. Re-
fuses to accede to a treaty with Murray the
Regent, 198. Is soon after forced to submit, ib.
Acts as Lieutenant to the Queen after the Re-
gent's murder, 207. Is prevailed on to join the
King's party, 213. Quarrels with Athol, 227
Confederates with him against Morton, the
Regent for their mutual defence, ib. They re-
monstrate against him to the King, 230. They
raise forces against him, ib. Negotiate a treaty
with him by the mediation of Q. Elizabeth, ib.
Is promoted to the office of Chancellor, 231.
The king's authority delegated to him and
Lord Forbes against the popish Lords, 289.
His forces are defeated in an engagement with
them, 290.

St., the prior of, promotes a treaty be-
tween the Q. Regent and the Reformers, 76.
Is provoked to leave the court, 77. Is one of
the chief promoters of the Reformation, 83.
Some account and character of him, ib. Art-
ful endeavours used to undermine him, ib.
Presumption of his innocence of the designs
charged on him, 84. Is sent by the Convention
to invite the Queen to Scotland, 104. Is re-
ceived by her with confidence and affection,
105. Restrains the turbulent spirit of the peo-Aristocracy, predominant in Scotland, 109.
ple against Popery, 110. Is sent to restrain the Armada, Spanish, preparations for it, 278. It
licentious practices of the borderers, 113. Ex- is defeated, 280.
ecutes his commission with vigour and pru.
dence, ib. A conspiracy against him discover-
ed, 116, 117. Is created Earl of Mar, 117. Be-
comes obnoxious to the Earl of Huntly, 117,
118. See Mar and Murray.

Angus, Gilbert de Umfreville, Earl of, was the
only man who asserted the independence of his
country, 11

Douglas Earl of, assumes the Regency

Arran, Earl, is appointed Regent during the mi-
nority of Q. Mary, 43. His character, 44
Consents to the schemes of England, which dis
gusts the public, 45. Becomes suspicious of
the Earl of Lennox, 46. Is forced to renounce
the friendship with England, and declare for
France, ib. and to persecute the Reformers, 47.
Publicly abjures the doctrines of the Reformers,
ib. Is contemned by one half, and little trusted

by the other part of the nation, ib. Heads the |
partisans of France and defenders of popery,
48. Attempts in vain to seize the murderers of
Cardinal Beatoun, 51. Is forced to make a
truce with the conspirators, ib. His eldest son
is conditionally excluded all right of succession,

52. His mean concession to the court of
France, 55. Gets the title of Chatelherault, ib.
Is undermined by the Q. Dowager, 59. Propo-
sals and arguments for his resignation, ib. He
consents to it, ib. Retracts by the influence of
the Archbishop of St. Andrews, 60. Is at last
prevailed on, and gets advantageous terins, ib.
See Chatelherault.

Arran, eldest son of the Duke of Chatelherault,
joins in an association with the Reformers, 82.
Narrowly escapes intended ruin at the court of
France, 83. Is full of resentment against the
French on that account, ib. The congregation
solicit Q. Elizabeth to marry him, 101. His
great imprudence with regard to Q. Mary, 113.
Discovers a conspiracy against the Queen's
favourite, 116, 117. Loses his reason, 231. Is
imprisoned by Morton, 232.

|

Babington, Anthony, some account of him, 260
The rise of his conspiracy against Q. Eliza
beth, ib. The names and scheme of operations
of his associates, ib. They are betrayed, seized,
and executed, 261.

Bacon, Sir Nicholas, appointed one of the com
missioners to the confederates at Westmin
ster, 194.

Baliol, John, his clain to the crown of Scotland,
10. Is preferred by Edward I., ib Soon forced
by him to resign, 11.

Ballard, a trafficking priest, solicits an invasion
of England from Spain, 260. Joins in a con-
spiracy to murder Q. Elizabeth, ib. Is dis-
covered, and taken into custody, 261, and exe-
cuted, ib.

late Capt. Stewart, gets that title and
estate, ii, 236. Is appointed to conduct Morton
from Dumbarton to Edinburgh, ib. His in-
famous marriage with the Countess of March,
237. His variance with Lennox, 238. Is frus-
trated in an attempt to rescue the King at Ruth-
ven, 240. Is confined prisoner to the castle of
Stirling, 241. Regains his liberty and the
King's regard, 244. Resumes his power and Basilicon Doron, a book published by K. James
arrogance, ib. Gets the Ruthven conspirators VI., strengthens his interest in England, 299.
declared guilty of high treason, 245. Is detest-Beatoun, Cardinal, made use of by K. James V.
ed as author of a persecution against the clergy,
247. Is gained over to Q. Elizabeth's interest,
249. Gets several forfeited estates, ib.
corruption and insolence, 252. Is made chan-
cellor, and has unlimited power, ib. His ve-
nality is exceeded by that of his wife, ib. His
monstrous tyranny and oppression, 252, 253.
His power undermined by Wotton, the English
envoy, 257. Is confined in the castle of St.
Andrews, but soon recovers favour, ib. His
interest sinks much, 257. Is stripped of his
honours and spoils, and reduced to his original
station, 258.

Barons, their jurisdiction very extensive, 15.
The difference between the greater and lesser,
whence, 37. Three hundred of them remon-
strate against the conduct of the Q. Dowager,
66. The lesser admitted by their representa-
tives in Parliament, 277. Petition of the lesser
Barons to Parliament, Appendix, 358. See
Nobles.

His

Articles, Lords of, their origin and business, 38.
By whom chosen, ib. The subsequent varia-
tions and political use made of this institu-
tion, 39.

Arundel, Earl of, is appointed a commissioner to
the conference at Westminster, 194.
Ashby, ambassador from Q. Elizabeth to Scot-
land, 278. His great promises to King James,
ib. His promises are soon forgot, 280. He is
ashamed and withdraws privately from Scot-
land, ib.

Assassination, the frequency of it in Scotland,
how accounted for, 147. Several instances of
it in France, ib. A stop put to it there and in
Scotland, 148. Several great men approve of
it, ib. Prevailed greatly afterwards, 283.
Assembly, of the church of Scotland, the first but
feeble and irregular, 104. Another assembly,
their demands from the Convention, 113, 114.
Two other assemblies in vain solicit an aug-
mentation of their revenues, 121. They ad-
dress Q. Mary in high strains of complaint, 139.
An assembly proceeds at Glasgow, notwith-
standing the King's interdiction, 239. Two as-
semblies yield many of the privileges of the
church to the King, 297. Declare it lawful for
ministers to sit in Parliament, 298. See Clergy.
Association, formed in defence of Q. Elizabeth
against Q. Mary, 250.

Athol, Earl of, the occasion of his quarrel with
the Earl of Argyll, 227. Joins with him in op-
posing Morton, the Regent, ib. Dies soon after
at an entertainment at Morton's, 231. Suspi-
cions of his being poisoned, ib.

to mortify the nobles, 33. His pretensions to
the regency on the death of that Prince, 43.
Forges a testament of the late King, ib. His
views how disappointed, ib. His character, ib.
Opposes the Earl of Arran, Regent, 45. Excites
most of the nation against the English, 46.
Seizes the young Queen and her mother, ib.
Cajoles the Earl of Lennox, ib. Obliges the
Regent to renounce England and declare for
France, ib., and to persecute the Reformers, 47.
Engrosses the chief direction of affairs, ib.
His double dealing with the Earl of Lennox re-
sented, 48. Is murdered, 50. His death fatal
to the Catholics, ib. A vain attempt to revenge
it, 51. Scandalous reports concerning him, 64.
Bedford, Earl of, comes as ambassador from Q.
Elizabeth to witness the baptism of James VI.,
155. His instructions, 156. His letters to Sir
W. Cecil, Appendix, 371. 374. 377.
Bellenden, Sir Lewis, justice clerk, K. James's
resident at London, 256. Joins in promoting
Q. Elizabeth's interest in Scotland, ib. Is sent
with her envoy into that country, ib.
Black, Mr. David, minister of St. Andrews, his
ridiculous and seditious expressions in the pul
pit, 293. Being supported by the clergy, he de-
clines the civil jurisdiction, 293, 294. Is con-
demned by the privy council, 294. Is sentenced
by the King to reside beyond Spey, ib.
Blackadder, Captain, and three others, executed
for the murder of Darnly, 174.
Boethius, Hector, his History of Scotland, some
account of, 8.

Bolton Castle, Queen Mary confined a prisoner
there. 188.

Bonot, a foreigner, made governor of Orkney, 65
Borderers, an attempt to restrain their licentious

practices, 113. Q. Mary visits them, 152. A
scuffle there, in which the English warden, &c
were made prisoners, 226.
Borthwick, Lord, assists the Q. Regent in de-
fending Leith, 89.

Bothwell, James Hepburn, Earl of, intercepts a
sum of money from England to the Congrega-
tion, 89. Favours the Queen Regent, but re-
sides at his own house, ib. Is by the Earl of
Murray summoned to a public trial, 133. Pre