Footnotes:
[88] ‘The Church was eminently favoured by Albany.’ Pinkerton's History of Scotland, vol. i. p. 86. But Pinkerton misunderstands his policy in regard to the nobles.
[89] Skene's Highlanders, vol. ii. pp. 72–74; Browne's History of the Highlands, vol. i. p. 162, vol. iv. pp. 435, 436.
[90] Chalmers (Caledonia, vol. i. pp. 826, 827), referring to the state of things before Albany, says, ‘There is not a trace of any attempt by Robert II. to limit the power of the nobles, whatever he may have added, by his improvident grants, to their independence. He appears not to have attempted to raise the royal prerogative from the debasement in which the imprudence and misfortunes of David II. had left it.’ And, of his successor, Robert III., ‘So mild a prince, and so weak a man, was not very likely to make any attempt upon the power of others, when he could scarcely support his own.’
[91] In 1476, ‘the Earldom of Ross was inalienably annexed to the Crown; and a great blow was thus struck at the power and grandeur of a family which had so repeatedly disturbed the tranquillity of Scotland.’ Gregory's History of the Western Highlands, Edinburgh, 1836, p. 50. In 1493, ‘John, fourth and last Lord of the Isles, was forfeited, and deprived of his title and estates.’ Ibid. p. 58.
[92] As those who held crown lands were legally, though not in reality, the king's tenants, the act declared, that ‘gif it like the king, he may ger sūmonde all and sindry his tenand at lauchfull day and place to schawe thar chartis.’ The Acts of the Parliament of Scotland, vol. ii. p. 4, § 9, edit. folio, 1814.
[93] ‘On the 8th June, 1425, James issued a commission to Henry, bishop of St. Andrews, authorising him to resume all alienations from the Church, with power of anathema, and orders to all justiciaries to assist.’ This curious paper is preserved in Harl. Ms. 4637, vol. iii. f. 189. Pinkerton's History of Scotland, vol. i. p. 116. Archbishop Spottiswoode, delighted with his policy, calls him a ‘good king,’ and says that he built for the Carthusians ‘a beautiful monastery at Perth, bestowing large revenues upon the same.’ Spottiswoode's History of the Church of Scotland, vol. i. p. 113. And Keith assures us that, on one occasion, James I. went so far as to give to one of the bishops ‘a silver cross, in which was contained a bit of the wooden cross on which the apostle St. Andrew had been crucified.’ Keith's Catalogue of Scotch Bishops, Edinburgh, 1755, 4to, p. 67.
[94] Compare Balfour's Annales, vol. i. pp. 153–156, with Pinkerton's History, vol. i. pp. 113–115. Between these two authorities there is a slight, but unimportant, discrepancy.
[95] Tytler's History of Scotland, vol. iii. pp. 95–98; Skene's Highlanders, vol. ii. p. 75; and an imperfect narrative in Gregory's History of the Western Highlands, p. 35.
[96] Tytler (History of Scotland, vol. iii. p. 126), under the year 1433, says: ‘In the midst of his labours for the pacification of his northern dominions, and his anxiety for the suppression of heresy, the king never forgot his great plan for the diminution of the exorbitant power of the nobles.’ See also p. 84. ‘It was a principle of this enterprising monarch, in his schemes for the recovery and consolidation of his own power, to cultivate the friendship of the clergy, whom he regarded as a counterpoise to the nobles.’ Lord Somerville (Memorie of the Somervilles, vol. i. p. 173) says, that the superior nobility were ‘never or seldome called to counsell dureing this king's reign.’
[97] Compare Chalmers' Caledonia, vol. ii. p. 263, with Buchanan's Rerum Scoticarum Historia, lib. x. p. 286.
[98] Tytler's History of Scotland, vol. iii. pp. 157, 158.
[99] Lindsay of Pitscottie (Chronicles, vol. i. p. 2) says, that directly after the death of James I., ‘Alexander, Earle of Douglas, being uerie potent in kine and friendis, contemned all the kingis officeris, in respect of his great puissance.’ The best account I have seen of the rise of the Douglases is in Chalmers' learned, but ill-digested, work, Caledonia, vol. i. pp. 579–583.
[100] In 1440, ‘the chief of that family had revenues perhaps equivalent to those of the Scottish monarch.’ Pinkerton's History of Scotland, vol. i. p. 192.
[101] ‘It may give us some idea of the immense power possessed at this period by the Earl of Douglas, when we mention, that on this chivalrous occasion, the military suite by which he was surrounded, and at the head of which he conducted the Scottish champions to the lists, consisted of a force amounting to five thousand men.’ Tytler's History of Scotland, vol. iii. p. 215. The old historian of his family says: ‘He is not easy to be dealt with; they must have mufles that would catch such a cat. Indeed, he behaved himself as one that thought he would not be in danger of them; he entertained a great family; he rode ever well accompanied when he came in publick; 1000 or 2000 horse were his ordinary train.’ Hume's History of the House of Douglas, vol. i. pp. 273, 274, reprinted Edinburgh, 1743.
[102] In the seventeenth century, ‘To be without a chief, involved a kind of disrepute; and those who had no distinct personal position of their own, would find it necessary to become a Gordon or a Crichton, as prudence or inclination might point out.’ Burton's Criminal Trials in Scotland, vol. i. p. 207. Compare Pitcairn's Criminal Trials in Scotland, vol. iii. p. 250, on ‘the protective surname of Douglas;’ and Skene's Highlanders, vol. ii. p. 252, on the extreme importance attached to the name of Macgregor.
[103] ‘Men of the greatest puissance and force next the Douglases that were in Scotland in their times.’ Hume's History of the House of Douglas, vol. i. p. 344. The great power of the Earls of Ross in the north, dates from the thirteenth century. See Skene's Highlanders, vol. i. pp. 133, 134, vol. ii. p. 52.
[104] In 1445, the Earl of Douglas concluded ‘ane offensiue and defensiue league and combinatione aganist all, none excepted, (not the king himselue), with the Earle of Crawfurd, and Donald, Lord of the Isles; wich was mutually sealled and subscriued by them three, the 7 day of Marche.’ Balfour's Annales, vol. i. p. 173. This comprised the alliance of other noble families. ‘He maid bandis with the Erle of Craufurd, and with Donald lorde of the Ylis, and Erle of Ross, to take part every ane with other, and with dyvers uther noble men also.’ Lesley's History of Scotland, from 1436 to 1561, p. 18.
[105] An interesting account of this dastardly crime is given in Hume's History of the House of Douglas, vol. i. pp. 274–288, where great, but natural, indignation is expressed. On the other hand, Lesley, bishop of Ross, narrates it with a cold-blooded indifference, characteristic of the ill-will which existed between the nobles and the clergy, and which prevented him from regarding the murder of two children as an offence. ‘And eftir he was set doun to the burd with the governour, chancellour, and otheris noble men present, the meit was sudantlie removed, and ane bullis heid presented, quhilk in thay daies was ane signe of executione; and incontinent the said erle, David his broder, and Malcolme Fleming of Cummernald, wer heidit before the castell yett of Edenburgh.’ Lesley's History, p. 16.
[106] The cousin of the boys who were murdered in 1440. See Hume's History of the House of Douglas, vol. i. pp. 297, 816.
[107] ‘With assurance under the broad seal.’ Hume's House of Douglas, vol. i. p. 351. See also Nimmo's History of Stirlingshire, Edinb. 1777, pp. 246, 322, 323.
[108] Hume's House of Douglas, vol. i. pp. 351–353. The king ‘stabbed him in the breast with a dagger. At the same instant Patrick Gray struck him on the head with a pole-ax. The rest that were attending at the door, hearing the noise, entred, and fell also upon him; and, to show their affection to the king, gave him every man his blow after he was dead.’ Compare Lindsay of Pitscottie's Chronicles of Scotland, vol. i. p. 103. ‘He strak him throw the bodie thairwith; and thairefter the guard, hearing the tumult within the chamber, rusched in and slew the earle out of hand.’
[109] In Nimmo's History of Stirlingshire, pp. 99, 100, the alienation of the nobles from the Church is dated ‘from the middle of the fifteenth century;’ and this is perhaps correct in regard to general dislike, though the movement may be clearly traced fifty years earlier.
[110] See Acts of the Parliaments of Scotland, vol. ii. p. 33, edit. folio, 1814; respecting the ‘statute of haly kirk quhilk is oppressit and hurt.’
[111] In 1449, James II., ‘with that affectionate respect for the clergy, which could not fail to be experienced by a prince who had successfully employed their support and advice to escape from the tyranny of his nobles, granted to them some important privileges.’ Tytler's History of Scotland, vol. iii. p. 226. See also p. 309. Among many similar measures, he conceded to the monks of Paisley some important powers of jurisdiction that belonged to the Crown. Charter, 13th January, 1451–2, in Chalmers' Caledonia, vol. iii. p. 823.
[112] Pinkerton's History of Scotland, vol. i. pp. 188, 209, 247, 254. Keith's Catalogue of Scotch Bishops, p. 19. Ridpath's Border History, p. 298. Hollinshead's Scottish Chronicle, vol. ii. p. 101. In Somerville's Memorie of the Somervilles, vol. i. p. 213, it is stated, under the year 1452, that fear of the great nobles ‘had once possest his majestie with some thoughts of going out of the countrey; but that he was perswaded to the contrary by Bishop Kennedie, then Archbishop of Saint Andrewes, whose counsell at that tyme and eftirward, in most things he followed, which at length proved to his majesties great advantage.’ See also Lesley's History, p. 23. ‘The king wes put to sic a sharp point, that he wes determinit to haif left the realme, and to haif passit in Fraunce by sey, were not that bischop James Kennedy of St. Androis causit him to tarrye.’
[113] ‘His lands were plundered by the Earl of Crawford and Alexander Ogilvie of Inveraritie, at the instigation of the Earl of Douglas, who had farther instructed them to seize, if possible, the person of the bishop, and to put him in irons.’ Memoir of Kennedy, in Chambers' Lives of Scotchmen, vol. iii. p. 307, Glasgow, 1834. ‘Sed Kennedus et ætate, et consilio, ac proinde auctoritate cæteros anteibat. In eum potissimum ira est versa. Crafordiæ comes et Alexander Ogilvius conflato satis magno exercitu, agros ejus in Fifa latè populati, dum prædam magis, quam causam sequuntur, omni genere cladis in vicina etiam prædia grassati, nemine congredi auso pleni prædarum in Angusiam revertuntar. Kennedus ad sua arma conversus comitem Crafordiæ disceptationem juris fugientem diris ecclesiasticis est prosecutus.’ Buchanan, Rerum Scoticarum Historia, lib. xi. p. 306.
[114] ‘This holie bischop schew ane similitud to the king, quhilk might bring him to experience how he might invaid againes the Douglass, and the rest of the conspiratouris. This bischop tuik furth ane great scheife of arrowes knitt togidder werrie fast, and desired him to put thame to his knie, and break thame. The king said it was not possible, becaus they war so many, and so weill fastened togidder. The bischop answeired, it was werrie true, bot yitt he wold latt the king sea how to break thame: and pulled out on be on, and tua be tua, quhill he had brokin thame all; then said to the king, “Yea most doe with the conspiratouris in this manner, and thair complices that are risen againes yow, quho are so many in number, and so hard knit togidder in conspiracie againes yow, that yea cannot gett thame brokin togidder. Butt be sick pratick as I have schowin yow be the similitud of thir arrowes, that is to say, yea must conqueis and break lord by lord be thamselffis, for yea may not deall with thame all at once.”’ Lindsay of Pitscottie's Chronicles of Scotland, vol. i. pp. 172, 173.
[115] ‘He wald nocht suffer the noblemen to come to his presence, and to governe the realme be thair counsell.’ Lesley's History of Scotland, p. 48. ‘Wald nocht use the counsall of his nobilis.’ p. 55. ‘Excluding the nobility.’ Hume's History of the House of Douglas, vol. ii. p. 33. ‘The nobility seeing his resolution to ruin them.’ p. 46. ‘Hes conteming his nobility.’ Balfour's Annales, vol. i. p. 206.
[116] Also to aggrandize them. See, for instance, what ‘has obtained the name of the golden charter, from the ample privileges it contains, confirmed to Archbishop Shevez by James III. on 9th July 1480.’ Grierson's History of Saint Andrews, p. 58, Cupar, 1838.
[117] ‘Such was the influence of the aristocracy over their warlike followers, that the king was conveyed to the castle of Edinburgh, without commotion or murmur.’ Pinkerton's History of Scotland, vol. i. p. 308.
[118] ‘The king and his ministers multiplied the insults which they offered to the nobility.’ … ‘A proclamation was issued, forbidding any person to appear in arms within the precincts of the court; which, at a time when no man of rank left his own house without a numerous retinue of armed followers, was, in effect, debarring the nobles from all access to the king.’ … ‘His neglect of the nobles irritated, but did not weaken them.’ History of Scotland, book i. p. 68, in Robertson's Works, edit. London, 1831.
[119] Balfour's Annales, vol. i. pp. 213, 214; Buchanan, Rerum Scoticarum Historia, lib. xii. p. 358. Lindsay of Pitscottie (Chronicles, vol. i. p. 222) says: ‘This may be ane example to all kingis that cumes heirefter, not to fall from God.’ … ‘or, if he had vsed the counsall of his wyse lordis and barrones, he had not cum to sick disparatioun.’
[120] Acts of the Parliaments of Scotland, folio, 1814, vol. ii. p. 232. ‘That the said abbaceis confirmit be thame sall neid na prouisioun of the court of Rome.’
[121] Acts of the Parliaments of Scotland, vol. ii. p. 240; and the summary of the statute (p. 21), ‘Revocation of donations, statutis, and all uthir thingis hurtand the croune or hali kirk.’ In the next year (1504), the king ‘greatly augmented’ the revenues of the bishoprick of Galloway. Chalmers' Caledonia, vol. iii. p. 417.
[122] Pinkerton's History of Scotland, vol. ii. p. 63; Calderwood's History of the Kirk of Scotland, vol. viii. p. 135, edit. Wodrow Society, Edinburgh, 1849. The latter authority states, that ‘The bishop devysed wayes to King James the Fourth, how he might attaine to great gaine and profit. He advised him to call his barons and all those that held any lands within the realme, to show their evidents by way of recognition; and, if they had not sufficient writings for their warrant, to dispone upon their lands at his pleasure; for the which advice he was greatlie hated. But the king, perceaving the countrie to grudge, agreed easilie with the possessors.’
[123] The Regency of Albany, little understood by the earlier historians, has been carefully examined by Mr. Tytler, in whose valuable, though too prolix, work, the best account of it will be found. Tytler's History of Scotland, vol. iv. pp. 98–160, Edinburgh, 1845. On the hostility between Albany and the nobles, see Irving's History of Dumbartonshire, p. 99; and, on the revival of their power in the north, after the death of James IV., see Gregory's History of the Western Highlands, pp. 114, 115.
[124] Tytler's History of Scotland, vol. iv. pp. 180–182: ‘Within a few months, there was not an office of trust or emolument in the kingdom, which was not filled by a Douglas, or by a creature of that house.’ See also pp. 187, 194; and Keith's Catalogue of Scotch Bishops, pp. 22, 23. Beaton, who was so rudely dispossessed of the chancellorship, that, according to Keith, he was, in 1525, obliged ‘to lurk among his friends for fear of his life,’ is mentioned, in the preceding year, as having been the main supporter of Albany's government; ‘that most hath favoured the Duke of Albany.’ State Papers of the Reign of Henry VIII., vol. iv. p. 97, 4to, 1836.
[125] The complete power of the Douglases lasted from the cessation of Albany's regency to the escape of the king, in 1528. Keith's History of the Affairs of Church and State in Scotland, edit. Edinburgh, 1835, vol. i. pp. 33–35. Compare Balfour's Annales, vol. i. p. 257. ‘The Earle of Angus violentley takes one him the gouerniment, and retanes the king in effecte a prisoner with him; during wich tyme he, the Earle of Lennox, and George Douglas, his auen brother, frely disposses vpone all affaires both of churche and staite.’
[126] Tytler's History of Scotland, vol. iv. pp. 195, 196. The curious work, entitled A Diurnal of Occurrents, p. 10, says, ‘In the zeir of God 1500, tuantie aucht zeiris, the kingis grace by slicht wan away fra the Douglassis.’ From Stirling, he repaired to Edinburgh, on 6th July 1528, and went to ‘the busshop of Sainct Andros loegeing.’ See a letter written on the 18th of July 1528, by Lord Dacre to Wolsey, in State Papers of Henry VIII., vol. iv. p. 501, 4to, 1836. Compare a proclamation on 10th September 1528, in Pitcairn's Criminal Trials in Scotland, vol. i. part i. pp. 138*, 139*, Edinburgh, 4to, 1833. I particularly indicate these documents, because Lindsay of Pitscottie (in his Chronicles of Scotland, vol. ii. p. 335) erroneously places the flight of James in 1527; and he is generally one of the most accurate of the old writers, if indeed he be the author of the work which bears his name.
[127] State Papers of Henry VIII., vol. iv. p. 501.
[128] ‘Archibald was depryvit of the thesaurarie, and placit thairin Robert Cairncorse, abbot of Halyrudhous. And als was tane fra the said Archibald the privie seill, and was givin to the bischope of Dunkell.’ A Diurnal of Occurrents, p. 11.
[129] Tytler (History of Scotland, vol. iv. p. 196) says: ‘His first act was to summon a council, and issue a proclamation, that no lord or follower of the house of Douglas should dare to approach within six miles of the court, under pain of treason.’ For this, no authority is cited; and the historian of the Douglas family distinctly states, ‘within twelve miles of the king, under pain of death.’ Hume's House of Douglas, vol. ii. p. 99. See also Diurnal of Occurrents, p. 10: ‘that nane of thame nor thair familiaris cum neir the king be tuelf myllis.’ The reason was, that ‘the said kingis grace haid greit suspicioun of the temporall lordis, becaus thaj favourit sum pairt the Douglassis.’ Diurnal, p. 12.
[130] ‘The Erle of Caithnes and fyve hundreth of his men wes slayne and drownit in the see.’ Lesley's History of Scotland, p. 141.
[131] Tytler's History of Scotland, vol. iv. pp. 203, 204.
[132] Acts of the Parliaments of Scotland, vol. ii. p. 324, edit. folio, 1814.
[133] Tytler's History of Scotland, vol. iv. p. 207.
[134] Tytler, vol. iv. p. 212.
[135] ‘His preference of the clergy to the temporal lords disgusted these proud chiefs.’ Tytler's History of Scotland, vol. iv. p. 230. See also p. 236. His reasons are stated by himself, in a curious letter, which he wrote so late as 1541, to Henry VIII. ‘We persaif,’ writes James, ‘be zoure saidis writingis yat Ze ar informyt yat yair suld be sum thingis laitlie attemptat be oure kirkmen to oure hurte and skaith, and contrar oure mynde and plesure. We can nocht understand, quhat suld move Zou to beleif the samyn, assuring Zou We have nevir fund bot faithfull and trew obedience of yame at all tymes, nor yai seik nor attemptis nouthir jurisdictioun nor previlegijs, forthir nor yai have usit sen the first institutioun of the Kirk of Scotland, quhilk We may nocht apoun oure conscience alter nor change in the respect We have to the honour and faith of God and Halikirk, and douttis na inconvenient be yame to come to Ws and oure realme yerthrou; for sen the Kirk wes first institute in our realme, the stait yairof hes nevir failzeit, bot hes remanyt evir obedient to oure progenitouris, and in our tyme mair thankefull to Ws, nor evir yai wer of before.’ This letter, which, in several points of view, is worth reading, will be found in State Papers of Henry VIII., vol. v. pp. 188–190, 4to, 1836.
[136] Tytler's History of Scotland, vol. iv. pp. 212, 213, and Arnot's History of Edinburgh, 4to, 1788, p. 468: ‘fifteen ordinary judges, seven churchmen, seven laymen, and a president, whom it behoved to be a churchman.’ The statute, as printed in the folio edition of 1814 (Acts of the Parliaments of Scotland, vol. ii. p. 335) says ‘xiiij psouñs half spūale half temporall wt ane president.’ Mr. Lawson (Roman Catholic Church in Scotland, Edinburgh, 1836, p. 81) supposes that it was the Archbishop of St. Andrews who advised the erection of this tribunal.
[137] Keith, who evidently does not admire this part of the history of his country, says, under the year 1546, ‘Several of our nobility found it their temporal interest, as much as their spiritual, to sway with the new opinions as to religious matters.’ Keith's Affairs of Church and State, vol. i. pp. 112, 113. Later, and with still more bluntness: ‘The noblemen wanted to finger the patrimony of the kirkmen.’ vol. iii. p. 11.
[138] ‘In the month of August (1534), the bishops having gotten fitt opportunitie, renewed their battell aganest Jesus Christ. David Stratilon, a gentelman of the House of Lawrestoune, and Mr. Norman Gowrlay, was brought to judgement in the Abby of Halyrudhouse. The king himself, all cloathed with reid, being present, grait pains war taken upon David Stratoun to move him to recant and burn his bill; bot he, ever standing to his defence, was in end adjudged to the fire. He asked grace at the king. The bishops answred proudlie, that “the king's hands war bound, and that he had no grace to give to such as were by law condemned.” So was he, with Mr. Norman, after dinner, upon the 27th day of Agust, led to a place beside the Rude of Greenside, between Leth and Edinbrug, to the intent that the inhabitants of Fife, seeing the fire, might be striken with terrour and feare.’ Pitcairn's Criminal Trials in Scotland, vol. i. part i. p. 210*. Also Calderwood's History of the Kirk of Scotland, vol. i. pp. 106, 107.
[139] ‘It appears, by a letter in the State-paper Office, that Henry remonstrated against this title being given to James.’ Tytler's History of Scotland, vol. iv. p. 223. See also p. 258.
[140] In 1535, ‘his privy council were mostly ecclesiastics.’ Ibid. vol. iv. p. 222. And Sir Ralph Sadler, during his embassy to Scotland in 1539–40, writes: ‘So that the king, as far as I can perceive, is of force driven to use the bishops and his clergy as his only ministers for the direction of his realm. They be the men of wit and policy that I see here; they be never out of the king's ear. And if they smell any thing that in the least point may touch them, or that the king seem to be content with any such thing, straight they inculk to him, how catholic a prince his father was, and feed him both with fair words and many, in such wise as by those policies they lead him (having also the whole governance of his affairs) as they will.’ State Papers and Letters of Sir Ralph Sadler, Edinb., 1809, 4to, vol. i. p. 47.
[141] State Papers of Henry VIII., vol. v. p. 128. A Diurnal of Occurrents, p. 22. The Reverend Mr. Kirkton pronounces that the new queen was ‘ane egge of the bloody nest of Guise.’ Kirkton's History of the Church of Scotland, edited by Sharpe, Edinburgh, 1817, 4to, p. 7.
[142] ‘At his return home, he was made coadjutor, and declared future successor to his uncle in the primacy of St. Andrews, in which see he came to be fully invested upon the death of his uncle the next year, 1539.’ Keith's Catalogue of Scotch Bishops, pp. 23, 24.
[143] M'Crie's Life of Knox, p. 20. Spottiswoode's History of the Church of Scotland, vol. i. p. 139. Lawson's Roman Catholic Church in Scotland, p. 178. Wodrow's Collections upon the Lives of the Reformers, vol. i. p. 100.
[144] Tytler (History of Scotland, vol. iv. p. 241) says, that the cruelties of 1539 forced ‘many of the persecuted families to embrace the interests of the Douglases.’
[145] It is asserted of the Douglases, that, early in the sixteenth century, their ‘alliances and power were equal to one-half of the nobility of Scotland.’ Brown's History of Glasgow, vol. i. p. 8. See also, on their connexions, Hume's House of Douglas, vol. i. pp. xix. 252, 298, vol. ii. p. 293.
[146] Henry VIII., ‘in the year 1532, sought it directly, among the conditions of peace, that the Douglas, according to his promise, should be restored. For King Henry's own part, he entertained them with all kind of beneficence and honour, and made both the Earl and Sir George of his Privy Council.’ Hume's History of the House of Douglas, vol. ii. pp. 105, 106. James was very jealous of any communication taking place between the Douglases and his other subjects; but it was impossible for him to prevent it. See a letter which he wrote to Sir Thomas Erskine (in Miscellany of the Spalding Club, vol. ii. p. 193, Aberdeen, 1842, 4to), beginning, ‘I commend me rycht hartly to yow, and weit ye that it is murmuryt hyr that ye sould a spolkyn with Gorge and Archebald Dougles in Ingland, quhylk wase again my command and your promys quhan we departyt.’ See also the cases of Lady Trakware, John Mathesone, John Hume, and others, in Pitcairn's Criminal Trials in Scotland, vol. i. part i. pp. 161*, 177*, 202*, 243*, 247*.
[147] ‘The Douglases were still maintained with high favour and generous allowances in England; their power, although nominally extinct, was still far from being destroyed; their spies penetrated into every quarter, followed the king to France, and gave information of his most private motions; their feudal covenants and bands of manrent still existed, and bound many of the most potent nobility to their interest; whilst the vigour of the king's government, and his preference of the clergy to the temporal lords, disgusted these proud chiefs, and disposed them to hope for a recovery of their influence from any change which might take place.’ Tytler's History of Scotland, vol. iv. pp. 229, 230. These bonds of manrent, noticed by Tytler, were among the most effective means by which the Scotch nobles secured their power. Without them, it would have been difficult for the aristocracy to have resisted the united force of the Crown and the Church. On this account, they deserve special attention. Chalmers (Caledonia, vol. i. p. 824) could find no bond of manrent earlier than 1354; but in Lord Somerville's Memorie of the Somervilles, edit. Edinburgh, 1815, vol. i. p. 74, one is mentioned in 1281. This is the earliest instance I have met with; and they did not become very common till the fifteenth and sixteenth centuries. Compare Hume's History of the House of Douglas, vol. ii. p. 19. Somerville's Memorie of the Somervilles, vol. i. p. 234. Pitcairn's Criminal Trials in Scotland, vol. iii. p. 83. Irving's History of Dumbartonshire, pp. 142, 143. Skene's Highlanders, vol. ii. p. 186. Gregory's History of the Western Highlands, p. 126. Kennedy's Annals of Aberdeen, vol. i. p. 55. Miscellany of the Spalding Club, vol. ii. pp. cvi. 93, 251, vol. iv. pp. xlviii. 179. As these covenants were extremely useful in maintaining the balance of power, and preventing the Scotch monarchy from becoming despotic, acts of parliament were of course passed against them. See one in 1457, and another in 1555, respecting ‘lige’ and ‘bandis of manrent and mantenance,’ in Acts of the Parliaments of Scotland, folio, 1814, vol. ii. pp. 50, 495. Such enactments being opposed to the spirit of the age, and adverse to the exigencies of society, produced no effect upon the general practice, though they caused the punishment of several individuals. Manrent was still frequent until about 1620 or 1630, when the great social revolution was completed, by which the power of the aristocracy was subordinated to that of the Church. Then, the change of affairs effected, without difficulty, and indeed spontaneously, what the legislature had vainly attempted to achieve. The nobles, gradually sinking into insignificance, lost their spirit, and ceased to resort to those contrivances by which they had long upheld their order. Bonds of manrent became every year less common, and it is doubtful if there is any instance of them after 1661. See Chalmers' Caledonia, vol. iii. pp. 32, 33. It is, however, so dangerous to assert a negative, that I do not wish to rely on this date, and some few cases may exist later; but if so, they are very few, and it is certain that, speaking generally, the middle of the seventeenth century is the epoch of their extinction.
[148] Acts of the Parliaments of Scotland, vol. ii. pp. 370, 371. ‘That na mañ quhatsūeuir stait or conditiouñ he be luge ressauve cherish nor favor ony heretike.’ … ‘And alswa that na persouñ that hes bene suspectit of heresie howbeit thai be ressauit to pēnance and grace sall in this realme exers haif nor brouk ony honest estait degre office nor judicator spūall nor tēporale in burgh nor wtout nor na salbe admittit to be of ouŕ counsale.’
[149] Lindsay of Pitscottie (Chronicles, vol. ii. p. 383) says, that they ‘devysed to put ane discord and variance betwixt the lordis and gentlmen with thair prince; for they delaited, and gave vp to the king in writt, to the number of thrittie scoir of earles, lordis, and barrones, gentlmen and craftismen, that is, as thei alledgit, wer all heretickis, and leived not after the Pope's lawis, and ordinance of the hollie kirk; quhilk his grace sould esteme as ane capitall cryme, to ony man that did the same’ … ‘all thair landis, rentes, guidis, and geir apperteanis propperlie to your grace, for thair contempt of our hollie father the Pope, and his lawis, and high contempt of your grace's authoritie.’ This document was found among the king's papers after his death, when it appeared that, of the six hundred names on the list, more than three hundred belonged to the principal nobility: ‘Eum timorem auxerunt codicilli post regis interitum reperti, e quibus supra trecentorum è prima nobilitate nomina continebantur.’ Buchanan, Rerum Scoticarum Historia, lib. xv. p. 424. Compare Sadler's State Papers, 1809, vol. i. p. 94; and Watson's Historicall Collections of Ecclesiastick Affairs in Scotland, 1657, p. 22. According to Watson, it ‘was called the bloudy scroll.’
[150] In the autumn of 1542, James ‘was encouraged by the clergy to engage in a war against King Henry, who both assured him of victory, since he fought against an heretical prince, and advanced an annuity of 50,000 crowns for prosecuting the war.’ Crawfurd's History of the Shire of Renfrew, 1782, 4to, part i. p. 48. Compare, in State Papers of Henry VIII., vol. v. p. 154, a letter written, in 1539, by Norfolk to Cromwell: ‘By diverse other waies I am advertised that the clergie of Scotlande be in such feare that their king shold do theire, as the kinges highnes hath done in this realme, that they do their best to bring their master to the warr; and by many waies I am advertised that a great parte of the temporaltie there wold their king shold followe our insample, wich I pray God yeve hym grace to come unto.’ Even after the battle of Solway, the policy of the clergy was notoriously the same. ‘And undoubtedlie, the kyrkemen labor, by all the meanes they can, to empeche the unitie and establishment of thiese two realmes; uppon what groundes ye can easelie conjecture.’ Letter from Sadler to Parr, dated Edinburgh, 27th March 1543, in State Papers of Henry VIII., vol. v. p. 271, 4to, 1836.
[151] ‘Ten thousand Scottish troops fled at the sight of three hundred English cavalry, with scarce a momentary resistance.’ Tytler's History of Scotland, vol. iv. p. 264.
[152] The best account of these events will be found in Tytler's History of Scotland, vol. iv. pp. 260–267. I have also consulted Ridpath's Border History, pp. 372, 373. Hollinshead's Scottish Chronicle, vol. ii. pp. 207–209. Lesley's History, pp. 163–166. Lindsay of Pitscottie's Chronicles, vol. ii. pp. 399–406. Calderwood's History of the Kirk of Scotland, vol. i. pp. 145–152. Buchanan, Rerum Scoticarum Historia, lib. xiv. pp. 420, 421.
[153] ‘This defeat being so very dishonourable, especially to the clergy, who stirred up the king to that attempt, and promised him great success from it; and there being such a visible evidence of the anger of God, fighting by his providence against them, all men were struck with fear and astonishment; the bishops were ashamed to show their faces for a time.’ Stevenson's History of the Church of Scotland, reprinted, Edinburgh, 1840, p. 30.
[154] We may readily believe the assertion of an old chronicler, that ‘the nobilitie did not greatlie take his death grievouslie, because he had fined manie, imprisoned more, and caused no small few (for avoiding his displeasure) to flie into England, and rather to commit themselves to the enemie than to his anger.’ Hollinshead's Scottish Chronicle, vol. ii. p. 210.
[155] Hume's History of the House of Douglas, vol. ii. p. 111.