336 THE MASTER SUFFERS FOR HIS RELIGION.

accusing, in a letter to Claude Hamilton, several of James's Council of accession to Mary's death, and of a design to hand him over to England. Among the accused we only know the name of Angus, who was arrested: he, at least, cannot have been of those who conspired against Mary's life. Orders were issued that Arran should be brought forward to justify his accusations. The matter troubled James, who, in fact, was vainly trying to get Elizabeth to bribe him by the Lennox estates in England.8 On May 10 Sir William Stewart, Arran's brother, accused the Master of Gray of his betrayal of Mary (concerning which we have already spoken) and of divers other offences. He had, it was alleged, taken a secret part in the Raid of Stirling (1585), which we know to be true from the Master's own description of that revolution. He had also dealt with France in the interest of "liberty of conscience," a charge the most damning that could be brought against any man in reformed Scotland. He had devised the death of Maitland, and other advisers of James, by aid of Arran and Morton. There were other charges. Gray and his denouncer had probably been in a conspiracy together to oust Maitland, and the lords who returned from exile at the Raid of Stirling, and it is likely that Gray had been dealing with the Hamiltons and the Catholics. He admitted that he had worked for liberty of conscience, and generally to revolutionary ends; while his answer as to the charge of betraying Mary has been already given. The Estates prayed that the king would spare the Master's life and lands. Gray was certainly betrayed by Stewart, who was to have gone as ambassador to France for the renewal of the alliance. But Richard Douglas of Whittingham, nephew of Archibald and his intelligencer from Scotland, writes (May 22) a different story. Gray's attempt to obtain liberty of conscience by aid of France was really his principal offence, "suppose that he confessed somewhat also that, before his last being in England, he had written into that country against our sovereign's mother's life." James was being much urged to war with England, but, "so long as he may with honour, his majesty is willing to abstain."

The Parliament opened on July 8 at Edinburgh, and was prorogued to July 23. The king's arrival at his majority was declared. The liberties of the Kirk were ratified. Death was decreed against Jesuits and seminary priests; in only one case, much later, was this threat fulfilled. Even hearers of mass, or distributors of Catholic books, were menaced with entire confiscation. The temporalities

PARLIAMENT OF 1587.

337 of benefices were annexed to the Crown, with certain reserves of vested interests. This meant the downfall of bishops, their exclusion from Parliament. Six members of each Estate were formed into a commission to deal with the necessary taxation for the king's marriage. There was the usual revocation of grants made during the royal minority. Quarrelling for precedence of vote or place in Parliament was denounced, and a commission was appointed to consider claims. The minor barons, to be elected by forty-shilling freeholders, were called to Parliament, as under the law of James I. Persons accused of treason were permitted to employ counsel.11 As a matter of fact, in such trials the accused could only hope for acquittal when their friends were in power, as at the trial of Archibald Douglas, or of Bothwell for witchcraft. Game laws were re-enacted, and measures, often vainly renewed, were taken to diminish the number of fraudulent notaries. For five years no new notaries were to be admitted; in future they must know Latin "reasonably," must have served seven years with Writers to the Signet or other responsible lawyers, and, generally, were to be under inspection. Forgery was a rampant crime, of which we shall see a notable instance later. Theft by landed men (as when Logan of Restalrig committed burglary in the house of Nesbit of Newton) and murder under trust were declared to be treason. Interest on money was limited to ten per cent yearly. With fiscal and others of the usual good resolutions (Acts of Parliament were little more) appeared one in favour of "universal concord." Other good resolutions were concerned, to no avail, with maintenance of law and order in the Highlands and Borders.12

The Parliament ended, though nothing is said about it in the official record, with a dramatic scene in which the lords besought James to lead them against England. This is reported by Courcelles and others, 13 and is doubtless true. James thanked his kneeling Estates, but said that he must wait his opportunity. Another dramatic scene, with elements of the grotesque, was the public reconciliation and banquet of all the lords in Edinburgh, so admirably described by James in 'The Fortunes of Nigel.' An order for the expulsion of the Jesuits was made, and the Protestants were pleased, while Philip was not sorry. James, his rival, was now too manifestly a hopeless heretic. Archibald Douglas was kept as ambassador to England (on a semi-official unrecognised footing), and his favour varied with James's hopes or fears as to his success

VOL. II.

Y

338

THE CASE OF HABAKKUK.

in obtaining for the king a written acknowledgment of his right to the English crown, with a gift of lands in the north of England. James was now very Protestant, since Philip of Spain was intent on securing the rights bequeathed to him by Mary, and as, despite Morton's (Maxwell's) intrigues in Spain, whither he had sailed, there was clearly no chance of disinterested help, thence or from France. The Scottish ambassadors had gone to Denmark; but du Bartas, the poet and scholar, arrived in Scotland, was feasted by the king, was present at his friendly controversy with Andrew Melville in St Andrews, and was thought to be proposing for James the hand of the Princess of Navarre.

The summer was marked by Border raids into England. These were caused, according to the letters of Richard Douglas, Archibald's nephew, not by revenge for Queen Mary, but by "plain necessity"; the Liddesdale men would not starve while there were beeves in Cumberland. Thus, though the Scottish Catholic lords were as usual intriguing abroad, James remained true to his interests in England.

The "Premier," in modern language, was now Lethington's brother and successor as Secretary, Sir John Maitland of Thirlstane, "the Chancellor." He held the office, with interruptions, till 1595. He had the family wit and the family craft, and was devoid of scruples based on sentiment - devoid, in fact, of any scruples (he had represented Lethington at the scene of Darnley's murder); but he was a fairly good Protestant, and adhered to the English alliance. James, like his predecessors, was much vexed by feuds on a large scale in the Border and the Highlands, while in St Andrews, Edinburgh, and other towns, quiet citizens were apt to be attacked by armed men-a professor on his way to lecture, a Writer to the Signet on his way to kirk.

As an illustration of daily life we may take the case of Habakkuk Bisset, W.S. This gentleman is said to have received his Christian, or rather Hebrew, name in a singular way. His father was Queen Mary's caterer, and requested her to name the child. She was just going to chapel, and chose the first name at which the Bible opened. It was Habakkuk. Arrived at years of discretion, Habakkuk had the misfortune to be engaged as agent for the brother of the laird of Cockpen against two young Hamiltons of Prestoun. They conceived that ce coquin d'Habakkuk est capable de tout, and vowed revenge. One afternoon they found poor Habakkuk "going in

CONDITION OF THE COUNTRY.

66

339

peaceable and quiet manner to evening prayers, for Scottish kirks in that age were still open on lawful days," a relic of idolatry which has been abolished. The young wretches set on Habakkuk

in church, like a new St Thomas of Canterbury; they broke his head with the pommels of their swords, they chased him out by the west porch, and they cut off two fingers of his left hand. The two Hamiltons were denounced as rebels.14

Such were the accidents of everyday life in an age when the Town attacked St Mary's College at St Andrews, and the Gown, under Andrew Melville, defended the position with gallantry and success. "Spuilzies," or high-handed robberies, were frequent, so were cattle-houghings; and skirmishes with loss of life, and a bloodfeud to follow, were not uncommon. As to the political situation of the country, we have a careful memoir drawn up by Archibald Douglas (November 14, 1587). The situation showed "a prince grieved in mind, and a number of nobility almost equally divided anent their religion into Protestant and Papist, with a number of indifferent religion." The Indifferents had joined the Catholics to urge revenge for Mary's death, and alliance with Spain or France, their demand being religious toleration. The king was trimming between these factions. But few nobles were Protestants: the Kirk relied on "the meanest sort of gentlemen, called lairds, whose second sons and brethren are for the most part merchants and travellers by sea," while all the burgesses were Protestant. The Protestant nobles were calm, believing that James would never change his religion. The lairds and tradesmen were galled by "the infinite number of piracies" committed by the English, of which the State Papers contain countless records. Piracy was a flourishing English profession at this time, Drake being the most notorious of the sea-thieves who preyed on the commerce of the world. All Anstruther set forth after an English pirate, ran him to shore in Suffolk, took his ship and six prisoners, and hanged two at Anstruther, four at St Andrews. Douglas adds that, as there are rumours of landings of aliens (probably in Galloway, whither Morton had returned from Spain), England could expect but cold support from his injured countrymen.

Archibald's motive, of course, was to alarm Elizabeth, and induce her, at least privately, to acknowledge James as her successor; or promise, at least, not to prejudice his case, nor to give Arabella Stuart in marriage without his consent. She ought also to make

340

THE ARMADA (1588).

amends for the piracies of her subjects.15 James was discontented with Elizabeth's answer to this appeal, and refused her proffer of £4000 for his assistance. He had less reason to dread rebellion than Elizabeth had, he said, and was on friendly terms with all foreign princes except herself. The nobles had no grudge against him, except for his slackness in avenging his mother. Hunsdon at

Berwick was working for amity, but as he distrusted Archibald Douglas, the two were likely to interfere with each other, so Richard Douglas reported (December 27, 1587),16

The opening of the year 1588 found Scotland troubled by the expected advent of the Invincible Armada. The Kirk (February 6, 1588) held a special Assembly, denouncing Huntly, Herries, and others, with a number of Jesuits. James had amused himself in the winter by writing a commentary on the Apocalypse, "and in setting out of sermons thereupon against the Papists and Spaniards." 17 Throughout February and March Huntly, Herries, Glencairn, and others were now obscurely and timidly conspiring with Parma and Philip, through Colonel Sempill, whose life is a romance, now urging James to dismiss Maitland and others of his advisers. Herries raided and spoiled the lands of Drumlanrig and of Douglas, Provost of Lincluden.18 Hunsdon denounced Archibald Douglas as no ambassador; he had been discharged-and Hunsdon had seen the documents under James's hand-ever since the Master of Gray was in London. "If he come into Scotland, the king will take his life." Yet Richard Douglas had always been dealing with Archibald for James, as if the "old fox" were duly commissioned, and Archibald had constantly negotiated with Cecil, and, in personal interviews, with Elizabeth. James had apparently made arrangements for disavowing and betraying the traitor, if that course proved convenient.19 The vast preparations for Philip's invasion were going forward, and the question was, Which party would James espouse? In spite of Hunsdon's allegations, he was writing with his own hand to Archibald Douglas, and, according to Richard Douglas, would take the English side (April 28).20 On May 7 James ordered the country to arm, but the cautious terms of this proclamation show that he committed himself to no more than armed neutrality.21

At this juncture Huntly, in the Catholic interest, was bidding for Archibald Douglas; he "sought you so earnestly, and offered me so fair," says Richard Douglas, who was to manage the sale. Huntly's heart failed him, and whatever plot he meant to concoct

But