tors had filled with so much dignity; to the latter, by imagining that they were tame enough not to complain of an affront, which, in no former age, would have been tolerated with impunity.

While their minds were in this disposition, an incident happened which inflamed their aversion from French councils to the highest degree. Ever since the famous contest between the houses of Valois and Plantagenet, the French had been accustomed to embarrass the English, and to divide their strength by the sudden and formidable incursions of their allies, the Scots. But, as these inroads were seldom attended with any real advantage to Scotland, and exposed it to the dangerous resentment of a powerful neighbour, the Scots began to grow less tractable than formerly, and scrupled any longer to serve an ambitious ally at the price of their own quiet and security. The change, too, which was daily introducing in the art of war rendered the assistance of the Scottish forces of less importance to the French monarch. For these reasons, Henry having resolved upon a war with Philip II., and foreseeing that the queen of England would take part in her husband's quarrel, was extremely solicitous to secure in Scotland the assistance of some troops, which would be more at his command than an undisciplined army led by chieftains who were almost independent. In prosecution of this design, but under pretence of relieving the nobles from the expense and danger of defending the borders, the queen regent proposed in parliament [1555], to register the value of lands throughout the kingdom, to impose on them a small tax, and to apply that revenue towards maintaining a body of regular troops in constant pay. A fixed tax upon land, which the growing expense of government had introduced into almost every part of Europe, was unknown at that time, and seemed altogether inconsistent with the genius of feudal policy. Nothing could be more shocking to a generous and brave nobility than the intrusting to mercenary hands the defence of those territories which had been acquired or preserved by the blood of their ancestors. They received this proposal with the utmost dissatisfaction. About three hundred of the lesser barons repaired in a body to the queen regent, and represented their sense of the intended innovation with that manly and determined boldness which is natural to a free people in a martial age. Alarmed at a remonstrance delivered in so firm a tone, and supported by such formidable numbers, the queen prudently abandoned a scheme which she found to be universally odious. As the queen herself was known perfectly to understand the circumstances and temper of the nation, this measure was imputed wholly to the suggestions of her foreign counsellors; and the Scots were ready to proceed to the most violent extremities against them.

The French, instead of extinguishing, added fuel to the flame. They nad now commenced hostilities against Spain, and Philip had prevailed on the queen of England to reinforce his army with a considerable body of her troops. In order to deprive him of this aid, Henry had recourse, as he projected, to the Scots; and attempted to excite them to invade England. But as Scotland had nothing to dread from a princess of Mary's character, who, far from any ambitious scheme of disturbing her neighbours, was wholly occupied in endeavouring to reclaim her heretical subjects; the nobles, who were assembled by the queen regent at Newbattle, listened to the solicitations of the French monarch with extreme coldness, and prudently declined engaging the kingdom in an enterprise so dangerous and unnecessary. What she could not obtain by persuasion, the queen regent brought about by a stratagem. Notwithstanding the peace which subsisted between the two kingdoms, she commanded her French soldiers to rebuild a small fort near Berwick, which was appointed, by the last treaty, to be razed. The garrison of Berwick sallied out, interrupted the work, and ravaged the adjacent country. This insult

roused the fiery spirit of the Scots, and their promptness to revenge the least appearance of national injury dissipated, in a moment, the wise and pacific resolutions which they had so lately formed. War was determined, and orders instantly given for raising a numerous army. But before their forces could assemble, the ardour of their indignation had time to cool, and the English having discovered no intention to push the war with vigour, the nobles resumed their pacific system, and resolved to stand altogether upon the defensive. [1556.] They marched to the banks of the Tweed, they prevented the incursions of the enemy; and having done what they thought sufficient for the safety and honour of their country, the queen could not induce them, either by her entreaties or her artifices, to advance another step.

While the Scots persisted in their inactivity, D'Oysel, the commander of the French troops, who possessed entirely the confidence of the queer regent, endeavoured, with her connivance, to engage the two nations in hostilities. Contrary to the orders of the Scottish general, he marched over the Tweed with his own soldiers, and invested Werk Castle, a garrison of the English. The Scots, instead of seconding his attempt, were enraged at his presumption. The queen's partiality towards France had long been suspected; but it was now visible that she wantonly sacrificed the peace and safety of Scotland to the interest of that ambitious and assuming ally. Under the feudal governments, it was in camps that subjects were accustomed to address the boldest remonstrances to their sovereigns. While arms were in their hands they felt their own strength; and at that time all their representations of grievances carried the authority of commands. On this occasion the resentment of the nobles broke out with such violence, that the queen, perceiving all attempts to engage them in action to be vain, abruptly dismissed her army, and retired with the utmost shame and disgust; having discovered the impotence of her own authority, without effecting any thing which could be of advantage to France.*

It is observable that this first instance of contempt for the regent's authority can, in no degree, be imputed to the influence of the new opinions in religion. As the queen's pretensions to the regency had been principally supported by those who favoured the reformation, and as she still needed them for a counterpoise to the archbishop of St. Andrew's, and the partisans of the house of Hamilton; she continued to treat them with great respect, and admitted them to no inconsiderable share in her favour and confidence. Kirkaldy of Grange, and the other surviving conspirators against cardinal Beatoun were about this time recalled by her from banish ment; and, through her connivance, the protestant preachers enjoyed an interval of tranquillity, which was of great advantage to their cause. Soothed by these instances of the queen's moderation and humanity, the protestants left to others the office of remonstrating; and the leaders of the opposite factions set them the first example of disputing the will of their sovereign.

As the queen regent felt how limited and precarious her authority was, while it depended on the poise of these contrary factions, she endeavoured to establish it on a broader and more secure foundation, by hastening the conclusion of her daughter's marriage with the dauphin. Amiable as the queen of Scots then was, in the bloom of youth, and considerable as the territories were, which she would have added to the French monarchy; reasons were not wanting to dissuade Henry from completing his first plan of marrying her to his son. The constable Montmorency had employed all his interest to defeat an alliance which reflected so much lustre on the princes of Lorrain. He had represented the impossibility of maintaining order and tranquillity among a turbulent people, during the absence of their

* Strype's Memor, iii. Append. 274. Lesly, 196

sovereign; and for that reason had advised Henry to bestow the young queen upon one of the princes of the blood, who, by residing in Scotland, might preserve that kingdom a useful ally to France, which, by a nearer union to the crown, would become a mutinous and ungovernable province.* But at this time the constable was a prisoner in the hands of the Spaniards, the princes of Lorrain were at the height of their power; and their influence, seconded by the charms of the young queen, triumphed over the prudent but envious remonstrances of their rival.

Dec. 14, 1557.] The French king accordingly applied to the parliament of Scotland, which appointed eight of its members to represent the whole body of the nation, at the marriage of the queen. Among the persons on whom the public choice conferred this honourable character were some of the most avowed and zealous advocates for the reformation; by which may be estimated the degree of respect and popularity which that party had now attained in the kingdom. The instructions of the parliament to those commissioners still remain,‡ and do honour to the wisdom and integrity of that assembly. At the same time that they manifested, with respect to the articles of marriage, a laudable concern for the dignity and interest of their sovereign, they employed every precaution which prudence could dictate, for preserving the liberty and independence of the nation, and for securing the succession of the crown in the house of Hamilton.

With regard to each of these, the Scots obtained whatever satisfaction their fear or jealousy could demand. The young queen, the dauphin, and the king of France ratified every article with the most solemn oaths, and confirmed them by deeds in form under their hands and seals. But on the part of France, all this was one continued scene of studied and elaborate deceit. Previous to these public transactions with the Scottish deputies, Mary had been persuaded to subscribe privately three deeds, equally unjust and invalid; by which, failing the heirs of her own body, she conferred the kingdom of Scotland, with whatever inheritance or succession might accrue to it, in free gift upon the crown of France, declaring all promises to the contrary, which the necessity of her affairs, and the solicitations of her subjects, had extorted, or might extort from her, to be void and of no obligation. As it gives us a proper idea of the character of the French court under Henry II., we may observe that the king himself, the keeper of the great seals, the duke of Guise, and the cardinal of Lorrain were the persons engaged in conducting this perfidious and dishonourable project. The queen of Scots was the only innocent actor in that scene of iniquity. Her youth, her inexperience, her education in a foreign country, and her deference to the will of her uncles, must go far towards vindicating her, in the judgment of every impartial person, from any imputation of blame on that account.

This grant, by which Mary bestowed the inheritance of her kingdom upon strangers, was concealed with the utmost care from her subjects. They seem, however, not to have been unacquainted with the intention of the French to overturn the settlement of the successsion in favour of the duke of Chatelherault. The zeal with which the archbishop of St. Andrew's opposed all the measures of the queen regent, evidently proceeded from the fears and suspicions of that prudent prelate on this head.

April 14, 1558.] The marriage, however, was celebrated with great pomp; and the French, who had hitherto affected to draw a veil over their designs upon Scotland, began now to unfold their intentions without any

*Melv. Mem. 15.

Viz. The archbishop of Glasgow, the bishop of Ross, the bishop of Orkney, the earls of Rothes and Cassils, lord Fleming, lord Seton, the prior of St. Andrew's, and John Erskine of Dun. Keith, Append. 13. Corps Diplomat. tom. v. 21. Keith, 73.

About this time the French seem to have had some design of reviving the earl of Lennox's pretensions to the succession, in order to intimidate and alarm the duke of Chatelherault.-Haynes, 215. 219. Forbes's Collect. vol. i. 189.

*

disguise. In the treaty of marriage, the deputies had agreed that the dauphin should assume the name of king of Scotland. This they considered only as an honorary title; but the French laboured to annex to it some solid privileges and power. They insisted that the dauphin's title should be publicly recognised; that the crown matrimonial should be conferred upon him; and that all the rights pertaining to the husband of a queen should be vested in his person. By the laws of Scotland, a person who married an heiress, kept possession of her estate during his own life, if he happened to survive her and the children born of the marriage. This was called the courtesy of Scotland. The French aimed at applying this rule, which takes place in private inheritances, to the succession of the kingdom; and that seems to be implied in their demand of the crown matrimonial, a phrase peculiar to the Scottish historians, and which they have neglected to explain.† As the French had reason to expect difficulties in carrying through this measure, they began with sounding the deputies who were then at Paris. The English, in the marriage articles between their queen and Philip of Spain, had set an example to the age, of that prudent jealousy and reserve with which a foreigner should be admitted so near the throne. Full of the same ideas, the Scottish deputies had, in their oath of allegiance to the dauphin, expressed themselves with remarkable caution. Their answer was in the same spirit, respectful but firm; and discovered a fixed resolution of consenting to nothing that tended to introduce any alteration in the order of succession to the crown.

Four of the deputies§ happening to die before they returned into Scotland, this accident was universally imputed to the effects of poison, which was supposed to have been given them by the emissaries of the house of Guise. The historians of all nations discover an amazing credulity with respect to rumours of this kind, which are so well calculated to please the malignity of some men, and to gratify the love of the marvellous which is natural to all, that in every age they have been swallowed without examination, and believed contrary to reason. No wonder the Scots should easily give credit to a suspicion which received such strong colours of probability, both from their own resentment and from the known character of the princes of Lorrain, so little scrupulous about the justice of the ends which they pursued, or of the means which they employed. For the honour of human nature, however, it must be observed, that as we can dis cover no motive which could induce any man to perpetrate such a crime, so there appears no evidence to prove that it was committed. But the Scots of that age, influenced by national animosities and prejudices, were incapable of examining the circumstances of the case with calmness, or of judging concerning them with candour. All parties agreed in believing the French to have been guilty of this detestable action; and it is obvious how much this tended to increase the aversion for them, which was growing among all ranks of men.

Notwithstanding the cold reception which their proposal concerning the crown matrimonial met with from the Scottish deputies, the French ventured to move it in parliament. The partisans of the house of Hamilton, suspicious of their designs upon the succession, opposed it with great zeal *Reg. Mag. lib. ii. 58.

As far as I can judge, the husband of the queen, by the grant of the crown matrimonial, ac quired a right to assume the title of king, to have his name stamped upon the current coin, and to sign all public instruments together with the queen. In consequence of this, the subjects took an oath of fidelity to him. Keith, Append. 20. His authority became, in some measure, co-ordinate with that of the queen; and without his concurrence, manifested by signing his name, no public deed seems to have been considered as valid. By the oath of fidelity of the Scottish commissioners to the dauphin, it is evident that, in their opinion, the rights belonging to the crown matrimonial subsisted only during the continuance of the marriage. Keith, Append. 20. But the conspirators against Rizio bound themselves to procure a grant of the crown matrimonial to Darnly, during all the days of his life. Keith, Append. 120, Good. i. 227.

Keith, Append. 20.

and lord Fleming.

The bishop of Orkney, the earl of Rothes, the earl of Cassils,

But a party, which the feeble and unsteady conduct of their leader had brought under much disreputation, was little able to withstand the influ ence of France, and the address of the queen regent, seconded, on this occasion, by all the numerous adherents of the reformation. Besides, that artful princess dressed out the French demands in a less offensive garb, and threw in so many limitations as seemed to render them of small consequence. These either deceived the Scots, or removed their scruples; and in compliance to the queen they passed an act, conferring the crown matrimonial on the dauphin; and with the fondest credulity trusted to the frail security of words and statutes, against the dangerous encroachments of power.*

The concurrence of the protestants with the queen regent, in promoting a measure so acceptable to France, while the popish clergy, under the influence of the archbishop of St. Andrew's, opposed it with so much violence,† is one of those singular circumstances in the conduct of parties, for which this period is so remarkable. It may be ascribed, in some degree, to the dexterous management of the queen, but chiefly to the moderation of those who favoured the reformation. The protestants were by this time almost equal to the Catholics, both in power and in number; and, conscious of their own strength, they submitted with impatience to that tyrannical authority with which the ancient laws armed the ecclesiastics against them. They longed to be exempted from this oppressive jurisdiction, and publicly to enjoy the liberty of professing those opinions, and of exercising that worship, which so great a part of the nation deemed to be founded in truth and to be acceptable to the Deity. This indulgence, to which the whole weight of priestly authority was opposed, there were only two ways of obtaining. Either violence must extort it from the reluctant hand of their sovereign, or by prudent compliances they might expect it from her favour or her gratitude. The former is an expedient for the redress of grievances, to which no nation has recourse suddenly; and subjects seldom venture upon resistance, which is their last remedy, but in cases of extreme necessity. On this occasion the reformers wisely held the opposite course, and by their zeal in forwarding the queen's designs, they hoped to merit her protection. This disposition the queen encouraged to the utmost, and amused them so artfully with many promises, and some concessions, that, by their assistance, she surmounted in parliament the force of a national and laudable jealousy, which would otherwise have swayed with the greater number.

Another circumstance contributed somewhat to acquire the regent such considerable influence in this parliament. In Scotland, all the bishoprics, and those abbeys which conferred a title to a seat in parliament, were in the gift of the crown. From the time of her accession to the regency, the queen had kept in her own hands almost all those which became vacant, except such as were, to the great disgust of the nation, bestowed upon foreigners. Among these, her brother the cardinal of Lorrain had obtained the abbeys of Kelso and Melross, two of the most wealthy foundations in the kingdom.§ By this conduct she thinned the ecclesiastical bench, which was entirely under the influence of the archbishop of St. Andrew's, and which, by its numbers and authority, usually had great weight in the house, so as to render any opposition it could give at that time of little consequence.

* The act of parliament is worded with the utmost care, with a view to guard against any breach of the order of succession. But the duke, not relying on this alone, entered a solemn protestation to secure his own right. Keith, 76. It is plain that he suspected the French of having some intention to set aside his right of succession; and, indeed, if they had no design of that kind, the eagerness with which they urged their demand was childish.

† Melv. 47.

‡ See Book I.

Lesly, 202.

It appears from the rolls of this parliament, which Lesly calls a very full one, that only seven bishops and sixteen abbots were present.