Georgius Comes de Huntlie, Archibaldus Comes Ergadie, Jacobus Comes de Mar, Willelmus Marescalli Comes, Joannes Atholie Comes, Alexander Comes de Glencarne, Jacobus Comes de Mortoun, Joannes Dns. Erskin, Jo^{es}. Ballenden de Auchnowle miles Clericus Justiciarie.]
THE quhilk day, forsamekle as be Statute and Ordinance maid be the Quenis Majestie and Lordis of Secreit Counsale, and her Hienes letteris direct thairupoun, All and sindrie Archbischoppis, [Bischoppis,][723] Abbottis, Commendatouris, Priouris, Archdeanis, Deanis, Subdeanis, Chantouris, Subchantouris, Provestis, Personis, Vicaris, and utheris beneficit men of this Realme, war charged to exhibite and produce the Rentallis of thair benefices befoir hir Majestie and Lordis foirsaids, in maner following: That is to say, the saidis Beneficit men, [dwelling] on this syde of the Month, the xxiiij day of Januar last bypast, and on the uther syd of the Month, the tent of Februar instant, to that effect that ordour mycht be takin thairin conforme to the said Ordinance; with certificatioun to thame, and thai failzeit, the Quenis Majestie and Counsale [foirsaid] wald tak ordour thairin, as the samyn Ordinance beiris: Notwithstanding the quhilk, and that the Quenis Majestie and Counsale, and utheris appointed be hir for resaving of the saidis Rentalles, hes continewallie, sen the said xxiiij day of Januare, awaitted upoun the resaving thairof; yit ane verray small nomber of thame hes produced the said Rentalles, contepmnand thairthrow nocht onlie hir Grace"s Ordinance and Proclamatioun foirsaid, but als hir self and hir authoritie, like as thai war princes and nocht subjectis, expresse aganis rea.s.sone, equitie, and justice: For remeid quhairof, the Quenis Majestie ordanis, be advise of the Lordis of hir Secreit Counsale, that Factouris and Chalmerlanis be appointed to intromett, gaddir, uplift, and receave to our Soverane Ladeis use, all and sindrie mailles, fermes, teyndis, rentis, proventis, emolumentis, canis, proffeittis, and dewities of whatsumevir Benefices, whairof the Rentallis ar nocht produced, conforme to the said Ordinance: And gif ony Rentalle ellis produced bearis not the just availl, but is fraudefullie maid, to intromett and uptak samekle of the frutis and proffeittis of the saidis benefices as ar omitted furth of the saidis Rentalle; and the ingevaris of the Rentalles, and possessouris of the benefices thairof, shall never haif actioun to craif, clame, or ressaif fra the tennantis and possessouris, farther nor is contained in the saidis Rentallis ellis produced be thame: and the saids tennandis and possessouris shall na wyis be haldin to pay ony mair for thair rowmes to the possessouris of the saidis benefices and ingevaris of the saidis Rentalles, nor is conteyned in the samyn rentallis ellis produced, as said is: And that the saidis Factouris and Chalmerlanis to be appointed be the Quenis Majestie, shall have sufficient power to intromett and uptak the fructis and proffeittis foirsaidis, siclyke as gif speciall letteris of Factorie and Chalmerlanrie wer granted to thame thairupoun. And ordanis the Lordis of Sessioun to direct furth letteris at the said Factouris and Chalmerlanis instance, owther horning or poinding, as shalbe thocht expedient, for causing of thame to be ansuered of the fructis of the saidis benefices, to be furthc.u.mand to the Quenis Majesties behuif, whill forther ordour be tacken thairintill.
[723] The words enclosed within brackets are not in the Register; and in MS. G, the names after "Abbots," as in the preceding Act, are omitted.
APUD EDINBURGH, XV^{TO} FEBRUARIJ, ANNO &C. LXJ^O.
[SEDERUNT.
Georgius Comes de Huntlie, Archibaldus Ergadie Comes, Jacobus Comes de Mar, Joannes Atholie Comes, Jacobus Comes de Mortoun, Willelmus Marescalli Comes.]
THE quhilk day, forsamekle as the Quenis Majestie, be the advise of the Lordis of hir Secreit Counsale, and otheris diverse of the n.o.bilitie had of befoir, upoun the xxij day of December last bypast, ordanit, that gif the Fourt parte of the fructis and rentis of all the Benefices within this Realme war nocht sufficient for the support of hir Majestie, and other particulare charges underwrittin, necessar to be borne for the tranquillitie[724] of the country; then the Thrid of the saidis fructis, mair or less, should be takin up, to the effectis foirsaidis: And attour ordanit letteris to be direct, chargeing all and sindrie beneficit men, on this syd of the Month, to produce thair Rentallis upoun the xxiiij day of Januar last bypast; and the tent day of Februar instant, was prefixt be the saidis letteris, for inbringing of all rentallis of the benefices beyond the Month; with certificatioun, that quha produced nott the saidis Rentallis[725] at the dayis foirsaidis _respective_, the Quenis Majestie and hir Counsale wald provide remeid: According to the quhilk certificatioun, hir Hienes, with avyse of hir Counsale foirsaid, hes ordanit, that thai quha hes nocht produced thair rentallis, haill and full intromissioun shalbe had of thair fructis, be thame whom hir Majestie shall direct thairto; and quha hes nocht gevin in thair just Rentallis, quhatsumever part omitted in thair saidis rentallis shalbe intromett.i.t with in lyke maner: And further, having consulted ryplie and diligentlie avysit upoun the commoun effairis and necessities concernyng the Quenis Majestie, and charges to be borne, for the commoun weill of the Realme, and sustentatioun of the Preachearis and Readaris, conforme to the said Ordinance maid thairupoun of befoir, hes fundin and declaired the haill Thrid partis of all Benefices within this Realme, of the quhilkis the rentallis ar produced, to be taken up be the person or personis to be nominat be hir Majestie, and to begyn upoun this last crope of the year of G.o.d J^m V^c, and threscoir ane yearis, the samyn to be employed to the effect foirsaid: togitther with the haill fructis of the benefices whairof the Rentallis ar nocht produced; and alsua of samekle as is omitted in the rentallis produced: And that ordour be direct.i.t be the Quenis Majestie, to the Lordis of Sessioun, that the auld Possessouris may be ansuered of the remanent fructis of the saidis benefices; providing that the Thrid part foirsaid be full and haill takin up, be the personis to be deput to the up-taking thairof: And this ordoure to continew and stand, ay and whill further ordouris be takin be the Quenis Majestie, with advyse of hir Estaitis. Mairover hir Hienes, be the advyse of hir Counsale foirsaid, hes statut and ordanit that all annuellis, mailles, and dewities within free Burrowis, or utheris townis of this Realme, alsweill pertenyng to Chapellanreis, Prebendarijs, as to Freiris, togitther with the rentis of the Freiris landis, quhairever thai be, setting and disponing thairupoun, be intrometted with, and takin up be sik as hir Grace shall depute thairto; for employing of the same be hir Hienes, to Hospitaliteis, Scholes, and utheris G.o.dlie uses, as shall seme best to hir Hienes, be the advise of hir Counsale: And knawing, that nathing is mair commodious for the said Hospitalitie, nor the places of Freiris as [ar] yitt standand undemolissed; as als to the intertenyng of Scholes, Colleges, and utheris uses foirsaidis, Ordanis the Provest and Baillies of Abirdene, Elgin in Murray, Innerness, Glasgow, and utheris Burrowis of this Realme, quhair the samyn ar nocht demolished, to interteny and uphald the saidis Freiris places standand in the saidis Townis, upoun the commoun gudis thairof, and to use the samyn to the Commoun-weall and service of the saidis Townis, ay and quhill the Quenis Majestie be farther advysed, and tack finall ordour in sik thingis, nochtwithstanding [of] ony other gift, t.i.till, or interesse, gevin to quhatsumever personis of the saidis places, with thair yardis, orchardis, and pertinentis, be our Soverane Lady as of befoir.
[724] In MS. G, "for the weill."
[725] In MS. G, "that they quha hes not produced thair Rentales."
The names of the n.o.bilitie and Lordis that war present at the maiking of the foirsaidis Actis[726] heirefter followis:--
[726] It will be seen at page 299, that this list corresponds with the Sederunt of the Privy Council on the 22d December 1561.
James Duk of Chattelarault, George Erle Huntlye, Archibald Erle Ergyle, Williame Erle Mersch.e.l.l, Johne Erle Atholl, Williame Erle Montrose, James Erle Mortoun, Alex^r. Erle of Glencarne, James Commendator of Sanctandrois and Pettinweme, Johne Lord Erskyne, Johne Ballendyne of Auchnowll knyght Justice Clerk, The Thesaurar, The Cleark of Registre, and The Secretar.[727]
[727] In MS. 1566, the above list is repeated in the following paragraph, the transcriber having overlooked its being inserted in the previous page of the MS. The only difference is the addition of the Comptroller"s name.
"The Lordis of Secreat Counsall that war present at votting and maiking of these foirsaid Actis, war James Duck of Chattellarault, George Erle of Huntley, Archibald Erle of Ergyle, William Erle Merch.e.l.l, John Erle Atholl, William Erle Montrose, James Erle Mortoun, Alexander Erle of Glencarne, James Commendatar of Sanctandrois, Johne Lord Erskin, the Thesaurar, the Cleark of Registre, Justice Cleark, Secreatarie, and Comptrollar."
The paragraph is also repeated in MS. A; but it is omitted in MS. G.
After the first Act,[728] the Erle of Huntley said, jestinglie, "Good day, my Lordis of the Twa parte."
[728] It may here be added, that the Register of the Privy Council contains another long minute of a meeting held at Edinburgh, on the last of February 1561-2, relating to the Thirds of Benefices. The Sederunt at this meeting: George Earl of Huntley, James Earl of Mortoun, Archibald Earl of Argyle, William Earl Mareschal, and James Earl of Mar.
The Council directed Letters of Proclamation to be issued, ordaining the fruits of benefices to remain undelivered to the old possessors, or their collectors, "unto the tyme thai be charged of new be letters past be deliverance of the Lords of Session, dated after the 1st of March."
The hoill Rentallis being gathered, the sowme of the Thrid, according to thair awin calculatioun, was found to extend to....[729]
[729] In all the copies of Knox, the sum is left blank.
[Sidenote: JOHNE KNOX HIS JUDGEMENT OF THE THRIDDIS.]
The Ministeris, evin in the begynnyng, in publict Sermonis opponed thame selves to suche corruptioun, for thei foirsaw the purpose of the Devill, and clearlie understood the b.u.t.t whairat the Quene and hir flatteraris schot; and so in the stoolle of Edinburgh, Johne Knox said, "Weill, yf the end of this ordour, pretended to be tacken for sustentatioun of the Ministeris, be happy, my judgement failleth me; for I am a.s.sured that the Spreit of G.o.d is nott the auctor of it; for, first, I see Twa partis freely gevin to the Devill, and the Thrid maun be devided betwix G.o.d and the Devill: Weill, bear witnes to me, that this day I say it, or it be long the Devill shall have Three partis of the Thrid; and judge you then, what G.o.ddis portioun shalbe." This was ane unsaverie saying in the earis of many. Some eschamed nott to affirme, "The Ministeris being susteaned, the Quene will nott gett at the yearis end to by hir a pair of new schoes." And this was Secreatarie Lethingtoun.
[Sidenote: LET THIS BE NOTTED]
Thair war appointed to modifie the Ministeris stipendis,[730] the Erles Ergyle, Murray, and Mortoun, Lethingtoun, the Justice Cleark, and Cleark of Registrie. The Laird of Pittarro was appointed to pay the Ministeris stipendis, according to thair modificatioun. Who wold have thought, that when Joseph reulled Egypt, that his brethren should have travailled for vittallis, and have returned with empty seekis unto thair families? Men wold rather have thought that Pharao"s pose, treasure, and garnallis should have bene diminished, or that the houshold of Jacob should stand in danger to sterve for hungar.
[730] Among the Public Records, there are several volumes of Accounts of the Collectors General of the Thirds of Benifices, commencing in the year 1561.
[Sidenote: ANE PROVERBE.]
But so busy and circ.u.mspect war the Modificatouris, (becaus it was a new office, the terme must also be new,) that the Ministeris should nott be ower wantoun, that ane hundreth markis was sufficient to a singill man, being a commoun minister. Thre hundreth markis was the hiest that was appointed to any, except unto the Superintendentis, and unto a few otheris. Schortlie, whitther it was the nygartnesse of thair awin heartis, or the cayre that thei had to enryche the Quene, we know nott; but the poor Ministeris, Readaris, and Exhortaris cryed out to the heavin, (as thair complaintis in all a.s.semblies do witnesse,) that neathor war thei able to lyve upoun the stipendis appointed, neather could thei gett payment of that small thing that was appointed. So fayne wold the Comptrollare have played the goode vallett,[731] and have satisfyed the Quene, or ellis his awin proffeitt in everie point, that he gatt this dicton and proverbe, "The good Laird of Pittarro[732] was ane earnest professor of Christ; but the mekle Devill receave the Comptrollar, for he and his Collectouris ar become gready fectouris."[733]
[731] In MS. L 3, this word is left blank.
[732] John Wishart, Laird of Pittarrow in Forfarshire, son of Sir James Wishart, Justice Clerk, was an early and active supporter of the Reformation. At the Parliament in August 1560, he was one of the number selected for the government of the State; and some time after Queen Mary"s arrival in Scotland, he was appointed Comptroller, in which office he was succeeded by Sir William Murray of Tullibardine, in 1563-4. Upon occasion of the marriage of Lord James, Earl of Murray, (see notes to page 314,) Wishart was one of ten gentlemen who had the honour of Knighthood conferred. He was advanced to be an Extraordinary Lord of Session, 19th November 1567, and accompanied the Regent Murray to York in the following year. He died 25th September 1576.
[733] In MS. G, "gredie Fectours."
To put ane end to this unpleasing mater: when the Brethren compleaned of thair povertie, it was disdanfullie ansuered of some, "Thair ar many Lordis have not so much to spend." When men did rea.s.sone that the vocatioun of Ministeris craved of thame bookis, quyetnesse, studye, and travell, to edifye the Kirk of Jesus Christ, when that many Lairdis war waitting upoun thair worldly busyness; and thairfoir, that the stipendis of Ministeris, who had none other industrye, but to lyve upoun that which was appointed, aught nott to be modifyed according to the lyvingis of[734] commoun men, who mycht, and did daily augment thair rentis by some other industrie. When suche rea.s.sonis war laid befoir thame, thei gat none other ansuer, but "The Quene can spair no greattar soumes." Oft was it cryed into thair earis, "O happy servandis of the Devill, and miserable servandis of Jesus Christ; yf that after this lyef thair war nott h.e.l.l and heavin." For to the servandis of the devill, to your dum dogges and horned bischoppis, to one of those idill bellies (I say) ten thousand was nott yneuch; but to the servandis of Christ that painefullie preache his evangell, a thousand pound; how can that be susteaned?
[734] In MS. G, "the living of uther."--MS. L 4, corresponds with the text.
One day, in rea.s.soning of this mater, the Secretar burst out in a pece of his cholere, and said, "The Ministeris have this much payed unto thame by year, and who yitt ever bad the Queyn "grand-mercies" for it?
Was thair ever a Minister that gave thankis to G.o.d for hir Majesties liberalitie towards thame?" One smyled and ansuered, "a.s.suredlye, I think, that such as receave any thing gratis of the Quene, are unthankfull yf thei acknowledge it not, boyth in heart and mouth. But whitther that the Ministeris be of that rank or not, I greatlie doubt.
Gratis, I am a.s.sured, thei receave nothing; and whitther thai receave any thing at all fra the Quene, wyese men may rea.s.sone. I am a.s.sured that neather Thrid nor Twa part ever apperteaned to any of hir predecessouris within this Realme these thousand yearis bypast, neather yitt hes the Quene bettir t.i.tle to that whiche sche usurpes, be it geving to otheris, or in tacken to hir self, then suche as crucifyed Christ Jesus had to devide his garmentis amonges thame. And yf the treuth may be spoken, sche hes nott so good t.i.till as thai had; for such spoyle use to be the reward of such men: And in that point these soldiouris war more gentle than the Quene and hir flatteraris, for thai parted not the garmentis of our Maister till that he him self was hung upoun the croce; but sche and her flatteraris do part the spoyle, whill as poore Christ is yet preaching amangis you. But the wisdome of our G.o.d tackis tryall of us by this meane, knowing weall yneuch what sche and hir factioun hes purposed to do. Lett the Papistis, who have the Twa partis, some that have thair Thriddis free, and some that have gotten Abbacies and few landis, thank the Quene, and syng, _Placebo Dominae_. The poore preachearis will not yit flatter, for feading of thair bellye." These wordis war judged proud and intollerable, and engendered no small displeasur to the speakar.
This we put in memorie, that the posteriteis to c.u.m may know that G.o.d ones maid his treuth to triumph; but becaus that some of oure selfis delyted more in darknes than in lyght,[735] G.o.d hath restreaned our fredome, and putt the hoill body in bondage. Yea, the greatest flatteraris have not eschaiped so free as thai supposed; yea, the latter plagues appear yit to be worse than the first. "Be mercyfull to us, O Lord, and entreat us nott according to our deservingis; but look thou to the equitie of the cause which thou hast put into our handis, and suffer not iniquitie to oppresse thy treuth, for Thy awin nameis saik, O Lord."
[735] Randolph in his letter to Cecil, 7th December 1561, furnishes a remarkable instance of profanity at this time. Referring to the Marquis d" Elbeuf, he says, "We fell in talk of the pastimes that were the Sunday before, where the Lord Robert, the Lord John, and others rang at the ring, six against six, _disguised and apparelled, the one half like women_, the other like strangers, in strange masking garments. The Marquis that day did very well; _but the women, whose part the Lord Robert did sustain, won the ring_. The Queen herself beheld it, and as many others as listed."
[Sidenote: MARRIAGE OF THE ERLE OF MARE][736]
[736] In MS G, "Erle of Murray."
In this meantyme, to wit, in Februar, the year of G.o.d J^m V^c threscoir ane,[737] was Lord James first maid Erle of Marr,[738] and then maryed upoun Agnes Keyth, dowghter to the Erle Mersch.e.l.l. The mairiage was publict in the Church of Edinburgh[739]. In the marriage thai boyth gat ane admonitioun to behave thame selves moderatlie in all thingis; "For, (said the preachear[740] to him,) unto this day the Kirk of G.o.d hath receaved confort by you, and by your laubouris; in the which, yf heirafter ye shalbe found fayntar then that ye war befoir, it wilbe said that your Wyeff hath changed your nature." The greatness of the bancquett, and the vanitie used thairat, offended many G.o.dly. Thair began the masking, which from year to year hath continewed since. Maister Randolph, agent for the Quene of England, was then, and sometyme after, in no small conceat with our Quene; for his Maistres saik, she drank[741] to him [in] a coupe of gold, which he possessed with greattar joy, for the favour of the gevar, then of the gift and valew thairof; and yit it was honourable.
[737] That is, 1561-2. The Earldom of Murray was first taken from the Earl of Huntly, and granted to Lord James Stewart, by a charter, dated 30th January 1561-2. On the 7th of February following, the Earldom of Mar being conferred on him he publicly a.s.sumed this t.i.tle, until it was restored, _per modum justiciae_, to John Lord Erskine. Lord James then resumed the t.i.tle by which he is chiefly known to posterity as the Earl of Murray.
[738] In MS G, "first maid Erle of Murray" In MS L 4, the commencement of this paragraph is thus amplified--"The Quene this winter preceding made Lord James Erle of Mar, as some thought to conciliat his good will quhom she had found in absence offendit. At this time he married also Agnes Keith, daughter to the Erle March.e.l.l. Soone efter the Erledome of Murray was bestowed upon him instead of the Erledome of Mar. Lord Erskin had an old right to the Erldome of Marr."
[739] The marriage of Lord James Stewart with Agnes Keith, daughter of William Earl of Marischel, was celebrated on the 8th of February 1561-2, in the Church of St. Giles, Edinburgh, "with sik solemnitie as the lyk hes not bene sein befoir; the haill n.o.bilitie of this Realme being thair present, and convoyit thame doun to the Abbay of Halyrudhous, quhair the banket wes maid, and the Quenis Grace thairat." (Diurnal of Occurrents, p. 70) The same authority mentions the rejoicings on that occasion, and that the Queen conferred the honour of Knighthood on Wishart of Pittarrow, Lermonth of Dairsy, Kirkaldy of Grange, Stewart of Traquair, Murray of Balvaird, and five others.
[740] That is, John Knox.
[741] "At this notable marriage, (says Randolph to Cecil,) one thing there was which I must testify with my own hand, which is, that upon Shrove Tuesday, at night, sitting among the Lords at supper, in sight of the Queen, and placed for that purpose, she drank unto the Queen"s Majesty (Elizabeth,) _and sent me the cup of gold_, which weighed eighteen or twenty ounces." (Letter, 12th February 1561-2, quoted by Mr Tytler, vol. vi. p. 258.)
The thingis that then war in handilling betwix the two Quenes, whairof Lethingtoun, Secreatarie Cycill, and Maister Randolph, war ministeris, war of great weight, as we will after hear.
This wynter, the Erle Bothwell, the Markques Delabuf, and Lord Johne of Coldingham, played the ryote in Edinburgh, mysordoured the hoill toune,[742] brack Cuthbart Ramsayis[743] yettis and durris, sought his house for his good-dowghter Alisone Craik: And this was done in dispyte of the Erle of Arrane, whose hoore the said Alison was suspected to have been. The horrour of this fact, and the raritie of it, heyghlie commoved all G.o.dlie heartis.[744] The a.s.semblie, and also the n.o.bilitie, for the most parte war in the toun; and so thei concluded to crave justice, as that thei did, as by this subsequent Supplicatioun doeth appear.
[742] Randolph, in a letter to Cecil, dated 27th December 1561, has given a somewhat similar account of this riot or "disorder which was of late in this town." The letter is printed in Keith"s History, vol.
ii. p. 128.
[743] In June 1571, Cuthbert Ramsay was elected one of the Magistrates of Edinburgh. He joined the Queen"s adherents in defending the Castle, under Sir William Kirkaldy of Grange, in 1573; and on the 3d of June, when the Castle was surrendered, Ramsay was one of the prisoners who were conducted by the English forces to Leith; but he appears to have escaped the ignominious fate awarded by Queen Elizabeth to the gallant chief, and his brother Mr. James Kirkcaldy, who were hanged for treason on the 3d of August 1573.