[134] See note 77.--The Rev. C. Anderson shows, from Foxe, that it was the Vicar of Ecclesgreig, and not Prior Hepburn, with whom Stratoun had a dispute about tythes. (Annals, vol. ii. p. 470.)
[135] From the Register of the Great Seal, it is evident that the Stratouns of Stratoun and the Stratouns of Lauriston in Kincardineshire, were one and the same family. Thus we find that charters were granted to
(1.) Alexander Stratoun de eodem, and Agnes Ogilvy his spouse, in 1507; and to Alexander Stratoun de Lauranstoun, (of the barony of Stratoun,) in 1509.
(2.) Andrew Stratoun de eodem, and Isobel Lindsay his spouse, in 1541.
(3.) George Stratoun, son and heir of Andrew Stratoun de eodem, in 1539; and George Stratoun de Lauriston, in 1547. (The last will of George Stratoun of that ilk, is recorded 5th April 1576, in the Register of Confirmed Testaments.)
(4.) Alexander Stratoun, son and heir of George Stratoun de eodem, in 1553. This Alexander Stratoun de eodem was served heir of George Stratoun de eodem, his father, 3d June 1580.
David Stratoun, who suffered martyrdom, was probably a younger son of the first Alexander Stratoun above mentioned.
[136] In MS. G, "cast himself."
[137] The Rood or cross of Greenside. The actual site of the gibbet, where criminals were executed, is somewhat doubtful; (Maitland"s Edinburgh, p. 215;) but it was near the road leading from the Calton towards Leith. James the Second, in 1456, had granted a piece, on the eastern side of this road, in the place which still retains the name of the Greenside, for holding public sports and tournaments.
[138] In MS. G, "Church."
[139] Among the persons who fled at this time to England, was James Hamilton, Sheriff of Linlithgow, and brother of Patrick Hamilton; also his sister Katherine. In August 1535, Cranmer introduces him to Crumwell as a gentleman who had left his country for no cause, but "that he favoured the truth of G.o.d"s word;" and on the 24th of April 1536, he sent to Crumwell a copy of the sentence given against him by the Bishops at Holyrood, praying that Henry would write to his nephew on his behalf.
See the Rev. Chr. Anderson"s Annals of the English Bible, vol. ii. pp.
471, 472. Hamilton obtained permission to return in 1540.
[140] The exact dates of the several persons accused of heresy, or who suffered martyrdom in Scotland during the reign of James the Fifth, in many instances cannot be ascertained; but it is evident that while many persons were accused between 1534 and 1537, the flames of persecution were rekindled with greater fury, at the time that David Beaton became Coadjutor of St. Andrews, and was raised to the dignity of a Cardinal, at the close of the year 1538.
[141] Knox has here mistaken the time when Sir John Borthwick, being accused, but having made his escape to England, was burned in effigy.
The date was the 28th of May 1540, or two days after the baptism of Prince James. See Appendix, No. VIII.
[142] Mary of Lorraine, daughter of the Duke of Guyse, and widow of the Duke of Longueville, became James the Fifth"s second Queen. On her arrival from France, she landed at Balcomie, near Crail, in Fife, on the 14th of June 1538. She was conveyed to St. Andrews with great pomp; and Pitscottie has furnished an interesting account of the pageants, &c., represented on that festive occasion. See also Lyon"s Hist, of St.
Andrews, vol. i. p. 273.
[143] In Vautr. edit., "Killor." Unfortunately his play, which probably was represented in 1535 or 1536, has not been preserved. Neither has any information respecting Friar Kyllour himself been discovered.
[144] The property of persons convicted of heresy and other penal crimes, became escheated to the Crown; and the escheat was usually bestowed by a special grant from the King under the Privy Seal, upon payment of a composition to the High Treasurer. On the 1st of March 1538-9, such a grant was made to James Menteith, "of all gudis quhilkis pertenit to uniquhile Sir Duncane Symsoun, Chaplane, and pertenyis to our Soverane Lord be reason of eschete, through justifying of the said Sir Duncane to the deid for certane crymes of heresy imput to him."--(M"Crie"s Knox, vol. i. p. 363.)
[145] In Vautr. edit. and the later MSS. "Forrester." Robert Forrester was "brother to Thomas Forrestare of Arngibbonne." Along with "William Forrestare, son to John Forrestare, burgess of Stirling," and three other persons, he found surety to underly the law, on the ground of "haifing and using of sic bukis as ar suspect of heresy," &c. 10th January 1538-9.--(Pitcairn"s Criminal Trials, vol. i. p. 216.) It appears from Knox and other authorities, that he was condemned, and suffered on the 1st of March that year; and after their death, the goods of Robert Forrester, and of William Forrester, were confiscated 23d March 1538-9.
[146] Of Thomas Forret, Canon-regular in the Monastery of St. Colm"s Inch, and Vicar of Dollar, who finished his education at Cologne, an interesting account is preserved in Foxe"s Martyrs, and has been copied into "The Scots Worthies." His father is said to have been Master of the King"s Stables, in the reign of James the Fourth. In the Treasurer"s Accounts, in February 1501, we find the name of Thomas Forret, as one of the persons at Court to whom dresses were furnished at the King"s expense. In like manner,--
"1507, July 9. Item, to Thome Foret, in bredil-silver of ane hors send furth of Sanct Johnstoun to the King, ix s.
"1512, July 10. Item, to Thome Foret, to pas to Fast Castle, to see the Inglis schippis, xiiij s."
[147] In MS. G, is added, "Upoun the Castell Hill."
[148] That is 1538-9, the year then being reckoned to commence on the 25th of March. But the actual date of their martyrdom, instead of the last day of February, seems to have been the 1st of March, according to an incidental notice in the Household Books of James the Fifth; as, in order to render the example more striking, the King himself was present:--
"1 Mar. 1539. Accusatio Haereticorum et eorum Combustio, apud Edinburgh, REGE PRESENTE."--(Archaeologia, vol. xxii. p. 7.) The next day the King returned to Linlithgow. A corresponding notice is furnished by the Treasurer"s Accounts, 1st of March 1539.
"Item, deliverit to Archibald Heriot messinger, to pas and search their goods who were abjured and declared heretics in Edinburgh and Stirling, xij s."
[149] That is, the Cardinal Beaton; Gawin Dunbar, Archbishop of Glasgow and Lord Chancellor; and George Crichton, Bishop of Dunkeld.
[150] In a letter from Sir Thomas Wharton, at Carlisle, 7th November 1538, to Lord Crumwell, it is said, "There was at Dumfreis laitlie one Frere Jerom, callid a well lernid man, taken by the Lorde Maxvell upon commandment from the Bishopis, and lyith in sore yerons, like to suffre for the Inglish menes opynyons, as thai saie, anenpst the lawis of G.o.de.
Hit pa.s.seth abrode daylie, thankes be to G.o.d, there, all that same notwithstandinge."--(State Papers, vol. v. p. 141.)
[151] Petrie the Church Historian, says, "The summer following (1539,) Jerome Russell, a Gray friar, and Thomas Kennedy, a young man of Aire, not above 18 years of age, were at Glascow, accused of heresy."--(Hist.
p. 179.) Whether he had any authority for calling him Thomas, can only be conjectured. Calderwood names him N. Kennedy; hence he has been called Ninian; but see note 23.
[152] Of Mr. John Lauder mention will afterwards be made, in connexion with Knox"s account of George Wishart"s trial.
[153] Oliphant was educated at St. Andrews, his name occurring among the Determinants, in 1525. Having taken his Master"s degree, he obtained preferment in the Church, as Vicar of Foulis and Innertig; and was employed by Cardinal Beaton as his confidential agent at Rome. In Sadler"s State Papers is an intercepted letter from Beaton to him, dated 11th November 1539, (vol. i. p. 13.) In May 1540, in the proceedings against Sir John Borthwick, he is styled Notary Public, and Secretary to Cardinal Beaton. Oliphant, (misnamed Eliphant,) in the Provincial Council, held at Edinburgh in 1549, is styled "Secretarius et Notarius in Concilio."--(Wilkins, Conc. vol. i. p. 46.) In 1553 and 1554, he was again employed at Rome, in the affairs of the Governor and of Archbishop Hamilton; and in 1558, he appeared as the accuser of Walter Myll, when tried for heresy. See next note. The name of Mr. Andro Oliphant, Notary Public, also occurs in November 1559, in the Acts of Parliament, (vol.
ii. p. 508.)
[154] In MS. G, "servantis." In Vautr. edit. "servantes;" and Vautr.
edit., MSS. A, E, &c., read "Meitman." Of this Friar, who with Lauder and Oliphant, are emphatically styled "servants of Satan," not much is known. According to Pitscottie, whilst Schir Andrew Oliphant stood forth as the public accuser of Walter Myln, in April 1558, Friar Maltman preached a sermon on the same occasion, previously to his trial in the Abbey Kirk of St. Andrews.
[155] Petrie, in his notice of their trial, says, "because Bishop Gawin Dunbar was thought cold in the business, Messrs. John Lauder, and Andro Oliphant, and Frier Maltman, were sent from Edinburgh to a.s.sist him."--(Hist. Part ii, p. 179.) We may indeed conclude, that unless for the zeal of these Inquisitors, Russell and Kennedy might have escaped martyrdom.
[156] In MS. G, "trod:" in Vautr. edit. "taken."
[157] Thomas Duke of Norfolk, in a letter to Lord Crumwell from Berwick, 29th of March 1639, says, "Dayly commeth unto me, some gentlemen and some clerkes, wich do flee owte of Scotland, as they saie, for redyng of Scripture in Inglishe; saying that, if they were taken, they sholde be put to execution. I geve them gentle wordes; and to some, money." In the same letter, he adds, "Here is nowe in this toune, and hath be[ne] a good season, she that was wife to the late capitaigne of Donbar, and dare not retorne, for holding our waies, as she saithe. She was in Englande, and sawe Quene Jane. She was Sir Patricke Hamelton"s doughter, and her brother was brent in Scotlande 3 or 4 yeres past."--(State Papers, vol. v. p. 155.) This last reference as to date is an obvious mistake. See extract from Foxe"s Martyrs, in Appendix, No. V., respecting Katherine Hamilton, and her brother, James Hamilton of Kincavel, who returned in 1540, and is mentioned in the following note.
[158] Sir James Hamilton of Finnart was a b.a.s.t.a.r.d son of James first Earl of Arran; but he obtained letters of legitimation, 20 Jan. 1512-13.
His slaughter of the Earl of Lennox in 1526, (see note 116,) was rewarded by the Captaincy of Linlithgow Palace. In Buchanan"s Admonition, written in 1570, after the Regent Earl of Murray"s death, to expose "the practises of the Hamiltons," there is a detailed account of the several conspiracies against James the Fifth, in which Sir James was concerned. But Hamilton latterly became a favourite of the King, and acquired large possessions. In 1533, he was appointed an Extraordinary Lord of Session; and, as Master of Works, he superintended the building or additions made to the Palace of Linlithgow, Blackness Castle, and other royal edifices.--(Treasurer"s Accounts, Sept. 1538, and April 1539.) On the 9th of October 1539, is this entry,--
"Item, gevin to Schir James Hammiltoun, Master of Wark, to compleit the Kingis wark in Striveling, as the appointment and contract maid betuix the Compt and him thairupon beris, iiij^m. lib." (4000.)
"Item, (in April 1540,) gevin to Schir James Hammyltoun, in parte payment of the rest of his comptis for the warkis of Lynlythqw and Blakness, at the Kingis command, be ane precept, iij^c. lib." (300.)
But his fate was not less sudden than it must have been unexpected. In the same record, we find that on the 16th of August 1540, a messenger was employed "for summonyng of ane a.s.siss to Schir James Hammiltoun, and for wyne brocht into the Lordis, being upoun his inqueist, xv s. x d."--His accuser was James Hamilton of Kincavel, Sheriff of Linlithgow, and being convicted of treason, which had been long concealed, his sentenco was carried into immediate execution.
[159] Pitscottie has given a more detailed narrative of Sir James Hamilton"s condemnation and of the King"s vision.
[160] The birth of a Prince, named James after his father, on 22d of May 1540, is mentioned at page 82, note 1. The younger son, named Arthur, Duke of Rothesay, &c., was born at Stirling, in April 1541, where he died, according to Lesley, eight days after his baptism.--(Hist. p.
188.) In the Treasurer"s Accounts, about the end of April 1541, there was paid "to Andre Zare in Striviling, for ane cap of leid that my Lord Duke was buried in." Prince James died within six hours of Arthur. Mr.
Tytler falls into a strange mistake in placing their death subsequently to that of Queen Margaret, widow of James the Fourth. In a letter to her brother Henry the Eighth, written from Stirling, on the 12th of May 1541, she mentions the great distress "for the death of the Prynce and hys brothar, both with the Kyng my derrest son, and the Quene hys wyffe."--(State Papers, vol. v. p. 188.) The Queen Dowager died, however, within a few months; the "Diurnal of Occurrents" says on the 24th of November. This date is evidently incorrect, as on the 1st of that month, messengers were despatched with letters "to divers Lordis and gentilmen to c.u.m to the Quenis tyrement." (Treasurer"s Accounts.) A letter, describing her last illness, is preserved among the State Papers, vol. v. p. 193, written in December, by Ray the pursuevant, who had been sent by the Privy Council to Scotland specially to report on the subject.
[161] His death may be referred to the end of the year 1541, or early in 1542; as the Treasurer paid "to David Hardy, be ane tykket of George Steilis, for hinging of the tapescherie in Halyrudhouse, and doun taking of the samin, vij s." on the 16 Oct. 1541.--The name of George Steill is occasionally met with in the Treasurer"s Accounts, during the reign of James the Fifth. We may conjecture that he was the son of John Steill, one of the servitors to James the Fourth, (apparently King"s tailor,) from 1495 to 1502. George, who was a burgess of Edinburgh, had acquired the lands of Houston, and other property. He had a charter under the Great Seal, of the office of Coquet Clerk of the borough: "Officii Clericatus c.o.ketae Burgi de Edinburgo," 3 Sept. 1523. The charters of the lands of Houston, in Linlithgowshire, were granted to himself and Christian Wilson his spouse, 31 July 1530, and 22 Sept. 1532. He had also a charter of "the Common-myre near Duddingston Loch," in the County of Edinburgh, 24 July 1540. In the year 1672, the Common-myre is described as extending to 52 acres, in the barony of Preistfield, now Prestonfield, (Retours, Edin. No. 1196.)
[162] Thomas Scott of Pitgorno, in Fife, was the second son of Sir William Scott of Balweary, (Douglas"s Baronage, p. 304.) A person of the same name was a Licentiate at St. Andrews in 1501. He seems to have held some situation at Court, as, among other persons of the Royal Household, he received 40, at Christmas 1530, for their "fealis and pensionis." In 1533, the Treasurer also paid "Thomas Scot for his fee, be the Kingis precept," the sum of 133, 2s. 8d. On the 19th of October 1532, Scott was admitted an Ordinary Lord of Session, in the room of his father, who was then deceased--(Senators of the College of Justice, p. 40.) As a further mark of Royal favour, he was appointed Justice Clerk in 1535. A letter, signed by him, "Thomas Scott of Pitgorno," on the 1st of December 1537, addressed to Crumwell, complains of the resetting of traitors who had escaped to England, (some of them, we may suppose, were persons accused of heresy;) and he concludes with suggesting that Henry the Eighth would make an acceptable "propyne" to his nephew, by sending James a young lion, brought from Flanders.--(State Papers, vol. v. p.
125.)
[163] Scott"s death must have taken place about the close of 1539, the office of Justice-Clerk having been conferred on Thomas b.e.l.l.e.n.den of Auchinoul, 26th December that year. In a letter written by Mr. Alexander Colvile, Justice-Depute, 20th December 1622, the above confession of Scott is thus mentioned in connection with the appointment of suitable persons to the office of Justice-Clerk, "If he, I say, be not a sound, conscientious man, and free of baise bribrie, he may prove a pernitious instrument, and to the cawse that iniquitie may be committed; as we have yit in memorie of one Thomas Scot of Abotishall, quho was Justice Clerk to James the Fift, of happie memorie, quho being strukin with a terror of conscience, at the hour of his death, for his evill cariage in that place, dyed in desperation, crying, "I am d.a.m.ned! I am d.a.m.ned!""--(Pitcairn"s Criminal Trials, vol. iii. p. 596.) A proof of Scott"s iniquitous proceedings is embodied in the Act of Parliament rescinding the forfeiture of John Lord Glammys, on the 15th of March 1542-3, upon a pretended Confession, being "fraudfullie indusit be umquhile Thomas Scot, Justice-Clerk, and utheris familiaris to our said umquhile Soverane Lord, to mak the said pretendit Confessioune, sayand to him, that his life, landis, gudis, movabill and ummovabill, suld be saif to him; and that na process nor sentence of forfaultor sould be led aganis him."--(Acta Parl. Scot. vol. ii. p. 422.)
[164] Mr. Thomas Marjoribanks of Ratho, was one of the ten Advocates admitted at the inst.i.tution of the College of Justice, 7th of May 1532.
He acquired the lands of Ratho in 1540; and in that year, he was Provost of Edinburgh, and sat in the Parliaments 1540 and 1546. He was admitted a Lord of Session, and Clerk-Register, on the 8th of February 1548-9, as successor to Sir James Foulis. "Maister Thomas Marjoribankis, now Clerk of oure Soverane Ladyes Register, for his feyes in the yeris of G.o.d 1549 and 1550," received "for ilk year 20 merkis, _Summa_ 26, 13s. 4d." He was deprived of the office of Clerk-Register in 1554, and died before 1560.--(Senators of the College of Justice, p. 98.)
[165] Mr. Hugh Rigg was admitted an Advocate, on the 16th of November 1537. He obtained a Charter of Confirmation to himself and Janet Hopper his spouse, of the lands of Carberry, in the shire of Edinbuigh, 21st July 1543. The old baronial mansion-house of Carberry stands in the eastern part of the parish of Inveresk.--(New Statistical Account.) Hugh Rigg is again mentioned by Knox, and also by Pitscottie, as one of the four persons to whom the Governor of Scotland communicated the overtures of the Duke of Somerset, immediately previous to the battle of Pinkie.