And you, that discommend sweet Poesie, (So that the Subject of the same be good) Here may you see your fond simplicitie, Sith Kings have favored it, of royal Blood. The King of Scots—now living—is a poet, As his "Lepanto" and his "Furies" show it.[251]

Before this, Harvey in his Pierce's Supererogation, had already proclaimed the poetical merit of "Lepanto", declaring it, in his high-flown style, to be "a short, but heroicall worke, in meeter, but royall meeter, fitt for a David's harpe".[252] Two years later the judgment of Vaughan was that "James is a notable Poet, and daily setteth out most learned poems, to the admiration of all his subjects".[253] In 1600 Allott gave ten quotations from James in his England's Parnassus, and Bodenham claims that in "The Garden of the Muses", from "what workes of Poetrie have been put to the world's eye by that learned and right royall King and Poet, James King of Scotland, no one sentence of worth has escaped".[254] After the accession to the English throne, Jonson addressed "To King James" an epigram of ten lines, in which he expanded the idea of the monarch's excellence as both prince and poet:—

"How, best of kings, dost thou a scepter bear? How, best of poets, dost thou the laurel wear? But two things rare the Fates had in their store, And gave thee both, to show they could no more. For such a poet, while thy days were green, Thou wert, as chief of them are said t'have been. And such a prince thou art, we daily see, As chief of those still promise they will be. Whom should my Muse then fly to, but the best Of Kings, for grace; of poets, for my test?"[255]

And Sir John Beaumont, in a carefully polished poem written before, but published after James's death, and entitled "To His late Maiesty, concerning the True Forme of English Poetry", bestowed upon him the more subtle flattery of calling him the Master whose "judicious rules" have been his guide.[256] Here the reference is to James, not only as a poet but as a critic also. For one of his early prose treatises was entitled Reulis and Cautelis to be Observit and Eschewit in Scottis Poesie. This was the manifesto of a group of poets, amongst whom were, in addition to the King himself, Alexander Montgomerie, the author of The Cherry and the Slae; Fowler, and the Hudsons, and whose aim was to found a school of Scottish poetry. This document contained a passage which is interesting enough to be quoted. Setting forth the "twa caussis" that have induced him to compose his treatise, the Royal lawgiver of Parnassus says: "The ane is; as for thame that wrait of auld, lyke as the tyme is changeit sinsyne, so is the ordour of poesie changeit. The other cause is; that as for thame that has written in it of late, there has never ane of thame written in our (Scottis) languag. For albeit sindrie hes written of it in English, quhilk is lykest to our language, zit we differ from thame in sindrie reulis of poesie, as ze will find be experience."[257] And we believe there are Scotsmen who will account it to James for righteousness that he at least made an attempt, abortive though it proved, to maintain Scotland's autonomy in language and in poetry.

In forming an estimate of the King's poetical productions, it is but fair to bear in mind that "all of his poems, save three or four sonnets and the revisions of his early paraphrases of the Psalms, belong to the period of his reign in Scotland", and that "the greater portion of them were composed either before the publication of the first volume of his poems in his nineteenth year or in the time of romantic enthusiasm excited by his marriage".[258] We have "The First Verses that ever the King Made". They are written in a sententious vein which might be looked upon as characteristic of the author, were it not that this special feature "is one of the commonest in Scottish poetry of the Chaucerian tradition". And if, on the one hand, it cannot be claimed for them that they bear evidence of exceptional talent, on the other it must be admitted that, as the production of a lad of fifteen, they were quite creditable:—

Since thought is free, thinke what thow will, O troubled heart, to ease thy paine! Thought unreveeled can doe no ill, But words past out turne not again. Be cairfull, ay, for to invent The way to gett thyne owne intent.
To play thyself with thy conceate, And lett none know what thow doth meane; Hope ay at last, though it be lait, To thy intent for to atteane: Whiles, lett it breake furth in effect, By ay lett witt thy will correct.
Since fool-haste is not greatest speed, I would thou shouldest learne to know How to make vertue of a need, Since that necessitie hath no law. With patience, then, see thow attend, And hope to vanquishe in the end.[259]

James was still, as he puts it himself, in his "verie young and tender yeares: wherein nature (except shee were a monster) can admit no perfection", when he wrote his "Lepanto", which his contemporaries seem to have looked upon as the best of his poems, and to which Du Bartas paid the compliment of translating it into French. It is no masterpiece, but Mr. Westcott, the editor of the New Poems by James I of England, does not exaggerate the author's merit when he says that "his style in the description of the battle between the Christian and the Turkish navies is concrete and lively, and at times achieves an almost ballad-like simplicity". This seems to us to be justified by such lines as those which describe the gathering of the Christian forces:—

There came eight thousand Spaniards brave From hotte and barren Spaine, Good order kepars, cold in fight, With proud disdainfull braine. From pleasant, fertill Italie There came twelve thousand als, With subtill spreites bent to revenge, By craftie meanes and fals. Three thousande Almans also came, From Countries colde and wide; These monney men with awfull cheare The chok will dourelie bide.[260]

James did not make frequent use of this metre, but he adopted it for another poem of a very different kind, "A Dreame on his Mistris my Ladie Glammes", in which he displays some ingenuity and inventive skill. Interpreting one of the tokens that have been left him—an amethyst—he says:

The secret vertues that are hidd Into this pretious stone Indues me with meete qualities For serving such a one; For as this stone by secret force Can soveraignlie remeade These daizeled braines whome Bacchus' strength Ou'rcomes as they were deade, And can preserve us from the harme Of the envenomed sting, Of poysoned cuppes, that to our tombe Untymelie does us bring, So shall my hart be still preserved By vertue from above, From staggering like a drunken man Or wavering into love: Bot by this soveraigne antidote Of her whom still I serve, In spite of all the poysoned lookes, Of Dames I shall not swerve.[261]

There are 268 lines altogether, and the discovery of them ought to contribute in some degree to the poetical rehabilitation of the author.

As a knowledge of James's character would suggest, his interest in the art of poetry was mainly directed to the details of verse making and diction, and it seems natural in such a stickler for metrical propriety that in his shorter poems his favourite form should have been the sonnet. His highest achievement in this department has always been considered to be the sonnet to his son Henry, at the beginning of the Basilicon Doron:—

God gives not Kings the stile of Gods in vaine, For on his Throne his Scepter doe they swey: And as their subjects ought them to obey, So Kings should feare and serve their God againe: If then ye would enjoy a happie raigne, Observe the Statutes of your heavenly King, And from his Law make all your Lawes to spring: Since his Lieutenant here ye should remaine, Reward the just, be stedfast, true and plaine, Represse the proud, maintayning aye the right, Walk alwayes so, as ever in his sight, Who guardes the godly, plaguing the prophane; And so ye shall in Princely virtues shine, Resembling right your mightie King Divine.

Of this poem Bishop Percy said that it would not dishonour any writer of that time, and a later critic has pronounced that it is by far James's best performance, "which just misses being really fine". By the side of it there may now be placed, by reason of their "sustained music, conformity to the technique of the sonnet, and prettiness of fancy, if not elevation", at least three others which figure amongst the twenty-six hitherto unpublished poems included in the manuscript which Mr. Westcott has discovered. One of them refers to a lady, probably the daughter of Sir John Wemyss, whose name was Cicely:—

Faire famous Isle, where Agathocles rang; Where sometymes, statly Siracusa stood; Whos fertill feelds were bathed in bangster's blood When Rome and ryvall Carthage strave so lang: Great Ladie Mistriss, all the Isles amang, Which standes in Neptune's, circle mouving, flood; No, nather for thy frutefull ground nor good; I chuse the, for the subject of my sang: Nor for the ould report, of scarce trew fame; Nor heeretofore, for farelies in the found; But, for the sweet resemblance of that Name, To whom thou seemest, so sibb, at least, in sound; If then, for seeming so, thy prays bee such, Sweet She herselfe, dothe merit more than much.[262]

On the strength of this, or of anything we have quoted from James's poems, it would be supremely unreasonable to claim for him a place on the same level as that of the authors either of "The King's Quhair" or of "The Gaberlunzie Man". But it may be less unjustifiable to suggest that he is not absolutely undeserving of a corner in anthologies of the Scottish poems of the sixteenth and of the early seventeenth century. That he is altogether contemptible is an opinion that might be maintained if we had nothing better of his than the string of punning rhymes quoted in the notes to Walpole's Royal and Noble Authors, for the purpose of making him appear ridiculous.[263]

 


THE INVASION OF AILSA CRAIG

Although in the possession of the historic family of Kennedy, to the head of which it gives his title, Ailsa Craig, the imposing "ocean pyramid" that rises in solitary grandeur to a height of over 1100 feet above the waters of the Firth of Clyde, does not figure prominently in the annals of the country, nor in the special records of the district to which it belongs. Its whole story consists of a single episode, which, though hardly noticed by modern historians, created some excitement, both in Scotland and in England, at the time of its occurrence, and may be read with interest at the present day. That incident, the invasion of Ailsa Craig, which it is here intended to relate on the authority of contemporary documents, takes us back to the year 1597. The chief actors in it were Hugh Barclay, Laird of Ladylands, an Ayrshire gentleman of good family, whose estate was situated in the neighbourhood of Irvine, and Andrew Knox, "minister of God's worde at Paselye".

Though originally a member of the Presbyterian Church, Ladylands had made "defectioun and apostacie fra the said trewe religioun". In the correspondence of the time he is usually to be found figuring in the lists of those whom it was customary to describe as "practising Papists", a designation not undeserved in his case, for amongst the religious enthusiasts who devoted themselves to the restoration of the old religion none displayed a greater fixity of purpose, a more unscrupulous contempt for the law, or a more reckless disregard of personal danger. Andrew Knox, on the other hand, in spite of his peaceful calling, gave proof of equal determination and equal audacity in the fulfilment of the self-imposed mission of hunting down "Jesuitis, seminarie preistis, and suspect trafficquaris with the King of Spain, and utheris foreynaris". The plotting of the laird and the counter-plotting of the minister had more than once brought the two men into personal conflict. Indeed, so far as extant documents go, the career of the one is practically identified with the career of the other.

In 1592, which seems to be the year in which he abandoned Presbyterianism, Ladylands was "excommunicated for Papistrye", but granted "a licence to departe out of the realme". Before his departure, however, it was discovered that he and "twoe Inglishmen of the worst sorte haunted togither" at Irvine and other places in the west.[264] In consequence of this, it was at once resolved to take him and his accomplices "quietlie", and to bring them back to Edinburgh. The difficult task of apprehending him was undertaken by Andrew Knox, and successfully carried out, though at "no little paines and perill". He pursued the conspirators through Glasgow and towards Irvine, and pressed them so closely that Ladylands was driven to the necessity of giving himself up to James Hamilton, the eldest son of Lord Claude, though not till, by some means which are unfortunately not recorded, he had provided for the safety of his confederates. Under the charge of Andrew Knox and Captain Hamilton he was led back to Edinburgh, and handed over to the Provost's keeping. On being examined he "confessed himselfe excommunicated and to be of the Catholique Romaine Church and not of the Church established in Scotlande, and he agreed to answer to any interrogatorye charginge him in cryme of treason wherein he pleaded his inocencye, but he derectlie refused to answere to anye question touchinge matter of religion, or as micht accuse or charge anye person other than himselfe onlye".

The object of the conspiracy in which Ladylands had been engaged soon became apparent. Towards the end of December, George Ker, brother to Mark Lord Newbottle, came down to Fairlie, intending to set sail from the "West Sea Bank". His presence in the neighbourhood and his frequent visits to the Island of Cumbrae having aroused suspicion, he was narrowly watched, and "his speeches taken heed to", with the result that, as Calderwood states it, "he was perceaved to be a Papist passing to Spaine, to traffique betwixt the King of Spaine and some Scottish noblemen". Andrew Knox, to whom the information was brought, lost no time in setting himself upon the track of the suspected conspirator. Accompanied by a number of Glasgow students, he proceeded to Fairlie, where he found, however, that Ker had already crossed over to the Cumbrae. Following him to the island, he succeeded in apprehending him just as he was ready to embark. On being searched, his coffers were found to contain "diverse letters and blankes directed from George Erle of Huntlie, Francis Erle of Erroll, and William Erle of Angus, the Lairds of Auchindoun and Fintrie, and other practisers, some in Latine, some in Frenche, together with their caschets and signets".[265]

There could be no reasonable doubt that Ladylands was connected with the plot, which, though treasonable as to the means to be employed, aimed at nothing more criminal, even on the showing of Calderwood, than the "procuring libertie of conscience". Fortunately for him, however, nothing was found in the intercepted letters or extorted from those of the conspirators who had been arrested that could be turned into legal evidence against him. Two months after his apprehension it was reported by the English agent in Edinburgh that "the arraignement of the Larde of Ladilands was differed in regarde that the cause and evidence against him were not rype and sufficient to proove him gilty of treason".[266] On Sunday, the 25th of March, 1593, he was "lett free out of the Tolbuith of Edinburgh, at the King's command, foure sureties being taikin for his re-entering in ward at Glasgow at the King's pleasure". It was at first intended that he should be kept in "straite warde", but, by the influence of the Duke of Athole, from whom he brought letters with him, he obtained the privileges of "free warde within the Castle". During his confinement he was visited by his captor, Andrew Knox, and it was reported that he had been "wonne, and was contented bothe to subscribe to the articles of religion, and also to discover manye practizes and practisers not yet revealed". The Paisley minister, however, had but little cause to congratulate himself on his theological triumph. As soon as Ladylands had succeeded, by his pretended conversion, in allaying his jailers' suspicions, and inducing them to relax their vigilance, he escaped out of the Castle and fled to the Isle of Bute, whence he subsequently made his way to the Continent.[267]

For the next four years both Ladylands and Andrew Knox disappear from contemporary records. But in the month of February, 1596, Robert Bowes, writing to England, informs Lord Burghley that the plotting Laird had returned to Scotland, and "was lurking about his own house and in parts near Glasgow". He was said to have offered "uppon twoe or three lynes of the King's hand to come and reveale to him great secrets". Though urged to give these "lynes", James refused to comply, but appeared willing "ether to send one of his owne servants to attache him or else to derect the Provost of Glasgow to inclose his house and take him". To those who knew how little the King sympathized with the coercive measures enforced by the Presbyterians against their Catholic fellow subjects, his sincerity was the subject of considerable doubt. The suspicion expressed by Bowes that the apprehension of Ladylands was not likely to be effected by his means appears to have been justified, for three months later, in May, 1597—it is well to remember that at this time the year began in March—the "buissy negociator with the King of Spayne and the Pope" was still at large, and "banded with some of the Montgomeries, Stewarts, Murrays, and others, beinge Papists".[268]

On this occasion the object of the conspirators was "to take and surpryse the island and house of Aylsaie, in the mouth of the Clyde, a place of good strength which mycht much annoye the west parts of Scotland, and to keipe the same for the benifyt of ther Catholique freinds, domesticall and forraigne".[269] To accomplish their purpose they were reported "to have prepared and rigged a shipp, furnished with armour, weapons, powder, lead, and other requesyts for warr". Still the King seemed disinclined to adopt stringent measures. But whilst he was hesitating Andrew Knox solved the difficulty by taking possession of Ailsa Craig, at the head of a small body of nineteen men, with whom he stationed himself on the solitary rock to await the course of events. Before long, Ladylands, ignorant of Knox's movements and wholly unconscious of the ambush laid for him, sailed to Ailsa with thirteen of his fellow conspirators, intending "to have fortefeit and victuallit the same for the ressett and comforte of the Spanishe armey, luiked for be him to have cum and arryvit". On reaching the spit of shingle on the east side, which affords the only landing-place, he found himself suddenly opposed by a band of determined men, who at once "forgadderit with him and his compliceis, tuke some of his associates and desireit himselfe to rander and be takin with thame, quha wer his awne freindis, meaning nawayis his hurte nor drawinge of his blude". Though taken at a disadvantage, the Laird was not of a temper to yield without a struggle; "withdrawing himself within the sey cant", he resolutely defended himself against his opponents till, having been forced to retreat step by step to the very edge of the cliff, he was thrust "backwart in the deip, drownit and perisheit in his awne wilfull and disperat resolution".

In the heat of the struggle no attention had been given to the mooring of the boat in which Ladylands and his accomplices had come across. Not till the skirmish had ceased was it discovered that it had drifted out to sea, bearing with it the Laird's "coffers" and the important documents that they were believed to contain. This untoward accident, however, delayed the clearing up of the plot for but a short time. A few days later the masterless craft was picked up off South Annan. In Ladylands' coffers were found, as had been expected, letters which revealed the whole extent and importance of the treasonable scheme in which he had been engaged.

It appeared "that the conspiracye to have been accomplished by the takinge and forcinge of Ailsa was devysed by the larde of Ladylands, Corronall (Colonel) Hakerson, and the Spanish Ambassador".

On the previous October the three conspirators had met at the town of Nantes, in France, for the purpose of considering the details of their bold undertaking of enlisting the men, and raising the funds necessary for carrying it out. In order to secure the co-operation of those who, had they known the size and position of Ailsa Craig, might have felt considerable doubt as to the advantages to be derived by obtaining possession of it, the rock "was termed the island of Guyanna, and given out as very fertile and commodious for fishinge, but inhabited by barbarous people, and ance possessed, not recoverable be noe enemy out of the hands of men of warr".

To meet the expenses of the enterprise "ther was contribution promised by sondry noblemen of Fraunce, and of Englande, and of Scotland". The agents to whom the task of levying the "contribution" was entrusted were Hakerson in France, Richard Skeldon in England, and in Scotland Ladylands himself. It was arranged that Ladylands should, in the first place, get possession of the island, and then send William Liddell to Spain "with message of their interpryse, and to crave mony and furnishing".

The papers also gave further details of the special objects which the conspirators had in view. In the first place, it was intended to "sett upp and manteyne ane publique masse in this Islande, quhilk should be patent (open) to all distressed papists, where fra so ever they should come". Next to this, there was to be "ane place of releife and refreshment to the Spanyart, or rather a porte to them, at ther arryvall in Ireland". Finally, it was a part of the plan to establish "ane storehouse to keip furnishing and all things profytable to the use of the Erle of Tyrone, with the quhilk Erle, Ladylands, by his commissioners, had been buissy sen his last coming to Scotland".

It may be incidentally mentioned that amongst those who lent their support to Barclay's wild scheme, there was one who possesses another and a better claim to be remembered. It was the author of The Cherrie and the Slae. In the Acts of the Privy Council[270] it is recorded that Alexander Montgomerie, brother of the Laird of Heslott (Hasilhead), having failed to appear to answer for being art and part with the late Hew Barclay of Ladylands in the treasonable enterprise for the taking of Hisha for the use of the Spanish army, was denounced as a rebel, on the 14th of July, 1597.

Even after the failure of the first part of the plot and the death of Ladylands, it was deemed advisable to provide against the possibility of further surprise on the part of "some practysers for Ireland whose eyes were espyed to be sett uppon the place". But, singular as it must appear, the Scottish Government, or rather the Scottish King, still remained inactive. It was through English influence that the necessary measures of safety were adopted. Bowes, the English agent, "spoke with and moved the Erle of Cassilis", obtaining from him a vague promise "to gyve regarde to yt". As this, however, only resulted in entrusting the custody of Ailsa to Thomas Hamilton, whom Bowes considered "not very fytt for the charge", recourse was again had to the indefatigable Andrew Knox. He readily undertook "both to awayte uppon the further progress of the surpryse, and also to prevent the interpryse in dewe tyme and sorte as before had been performed". It does not appear, however, that the Paisley minister had further occasion to sally forth hurriedly from his residence, at No. 25 in the High Street, and to display his energy for the protection of Ailsa. The whole plot had really collapsed with the death of the prime mover, the bold and unscrupulous Laird of Ladylands.

Not the least singular part of the whole episode is the treatment of Andrew Knox. Far from securing for him the favour of the Court, his "action against the papists and practysers for Spayne" brought upon him the ill will of some of the most influential nobles in the realm. It was officially reported by Bowes, who acknowledged that he himself had been "alwayes privye with him in these affayres", that he had "entred into dangerous feuds by his commendable behaviour", and that "his lyfe was gredely sought by many and strong persons". The agent's recommendation that he "should be tymelye and favorablie comforted" was doubtless acted upon, and it may be looked upon as the result of the interference of the English Government that the Privy Council, "by direction given by His Majesty in his letter from Striveling upon the 6th of June", issued a proclamation which recognized Knox's conduct "to have been loyal and good service done to His Majesty and the country", and warned all persons, under pain of treason, against "troubling" any of those concerned in the expedition which had resulted in the death of the Laird of Ladylands.[271]

With this one episode the history of Ailsa Craig seems to have begun and ended. There is no trace of its connection with the political events of any previous or subsequent period.

 


 

THE STORY OF A BALLAD—
"KINMONT WILLIE"

The ballad of "Kinmont Willie", as to the genuineness of which we are not among those who entertain doubts that reflect on the good faith of Sir Walter Scott, is not only one of the most spirited to be found in all the Border minstrelsy, it is also noteworthy as being in the number of the comparatively few popular poems that have a real historical event as their foundation. And a further interest attaches to it from the circumstance that the incident which it sets forth was of sufficient importance to give rise to a diplomatic correspondence between the Ministers of James VI and those of Elizabeth, and, indeed, to be the subject of an indignant letter from the Queen herself. The actual facts of the capture and rescue of William Armstrong, commonly known as Kinmont Willie, are in the main such as they are related in the ballad.

In 1596, on one of those customary "days of truce" agreed upon by the officials on both sides of the Border for the purpose of discussing and, if it were possible, of settling in a friendly manner any quarrels that might have arisen between the turbulent inhabitants of the respective marches, Thomas Salkeld, the "fause Sakelde" of the ballad, as deputy for the English Warden, Lord Scroope, had met Robert Scott of Haning, the representative of Sir Walter Scott, "the Bauld Buccleuch", Keeper of Liddisdale. The conference had taken place at a spot where the Kershope, a small tributary of the Liddel, formed the boundary line between the two countries. Nothing untoward had happened. The two officials had parted on friendly terms, and the Scots Borderers, of whom Robert Scott's escort consisted, had set out for their respective homes. One of these happened to be William Armstrong of Kinmont. He was well known to the Englishmen as a "bauld reiver", against whom they had many a complaint of long standing.

It was well understood that the "days of truce" lasted until sunrise on the morning after the breaking up of the meeting, so that all who had been present at it might have ample time to perform the return journey homewards without being exposed to molestation. Trusting to this, Armstrong, whose way lay in the same direction as that of the English Borderers, rode on unconcernedly on his own side of the Liddel and in full sight of them. Their sense of honour was not proof against the temptation of availing themselves of so favourable an opportunity. Making it an excuse for their violation of Border law that at one point Armstrong was obliged to pass out of the territory included in Buccleuch jurisdiction, they crossed the stream, thus committing an act of invasion, fell upon him at such odds as made resistance vain, took him prisoner and carried him off to Carlisle, where he was lodged in the Castle. The indignation aroused by this unwarrantable breach of faith was all the greater from the fact that Willie was popular amongst his kinsmen and neighbours for the daring and resourcefulness which had often ensured the success of the raids on which they had sallied out together. Buccleuch protested against the violation of the truce and demanded Kinmont's liberation; but his remonstrances produced no result. Neither was the Scottish Government itself more successful with Scroope when the general outcry obliged it to interfere.

Buccleuch then resolved to take the law into his own hands. As a first step towards the execution of the bold plan which he had conceived, he got his signet ring conveyed to the prisoner. This he contrived to do through the agency of one of the Grames, who, though English Borderers themselves, appear, from Scroope's repeated complaints against them, to have been in league with the Scottish Warden. A horse race promoted by him afforded him an opportunity of communicating with Kinmont's kinsmen and friends without exciting suspicion. He had no difficulty in enlisting recruits, mainly from amongst the Scotts, the Elliots, the Bells, and, as a matter of course, the Armstrongs, including Willie's sons. Before Kinmont, whose capture had been effected on March 17, had been a month in Carlisle Castle, where, after promising that he would make no attempt at escape, he appears to have been treated with some consideration, everything was ready for a dash into England.

On the evening of April 13, a troop of horsemen numbering five hundred, according to Scroope's estimate of them, crossed the Border in a storm of wind and rain. They were led by Buccleuch, who, before passing into English territory, left one detachment under the Laird of Johnston, and another with the Goodman of Bonshawe, to lie in ambush close to the frontier line in order to check pursuit if, as might well happen, the raiders should return with the English at their heels. Those that rode on towards Carlisle were provided with gavelocks, crowbars, pickaxes, axes, and scaling ladders. They reached the Castle at dead of night, and, making for the postern, set about undermining it. The guards had either fallen asleep or got under cover to protect themselves from the violence of the weather; moreover, the howling of the storm covered the noise unavoidably made by the sappers, quietly as they tried to work, and nothing happened to give either Scroope or Salkeld, both of whom were within the walls, the least warning of what was going on. In a short time the Scots had penetrated into the courtyard. Buccleuch was the fifth to pass through the trench. When he had the rescuing party about him he encouraged them to "Stand to it", as he had vowed to God and his Prince to fetch Kinmont out of England dead or alive; and assured them that, when it was done, he would maintain his action "with fire and sword against all resisters". With this he led them to the room where Will Armstrong was confined. Here one of Scroope's servants, who had been stationed as a guard, had to be overpowered, and sustained some slight injuries. The door was broken open and Armstrong was carried off. As the rescuers were retiring they encountered two men of the outer watch. These were promptly prevented from giving the alarm, but escaped with their lives, Buccleuch having given strict orders that no unnecessary violence should be used and no wanton damage done, lest their enterprise should appear to have had other objects in view than the rescue for which it was solely planned. Then the whole party galloped back to Scotland with their prize.

Even in those days news of so startling an occurrence spread fast. Within a few weeks the daring exploit had aroused the keenest excitement in both North and South Britain. In Scotland Buccleuch's action "was greatly commended by the great people". In England there was a feeling of intense indignation at the "outrageous fact". Robert Bowes, the Ambassador at the Court of King James, gave expression to it at a Convention of the Estates. He had been commissioned to "aggravate the heinousness" of the aggression, and did so in a long oration, "concluding that peace could no longer continue betwixt the two realms unless Buccleuch was delivered into England, to be punished at the Queen's pleasure".[272] The Keeper of Liddisdale was present, and spoke in his own defence. He maintained that, in rescuing a Scottish subject who had been wrongfully captured, he had done nothing but what honour dictated and duty required. He declared, however, that he was willing to submit the case to Commissioners appointed by the English Queen on the one hand, and by the Scottish King on the other, and to abide by their decision. This suggestion met with the approval of the Estates, who accordingly proposed that, "conform to the ancient treaties of peace, and custom observed between the two realms, Scottish and English Commissioners should meet on the Borders to decide upon the said complaint".

The Estates had come to this decision on the 25th of May. A few days later, on the 4th of June, James himself wrote to Elizabeth in regard to the "late attempt of Buccleuch". He begged her to bear in mind that all the information she had so far received proceeded from her own officer who, as a direct party in the matter, might reasonably be suspected of partiality. And he urged this as a reason for her consenting to the appointment of a Commission, in accordance with the proposal made by Buccleuch and adopted by the Convention. Before the end of the same month, both the Privy Council of England and Queen Elizabeth had dispatched replies to Edinburgh. The former, after communicating her Majesty's dissatisfaction at what had taken place and at the turn which matters were taking, confined itself to the expression of a hope that the King, in his own princely judgment, would reverse the Act of his Council, and not show favour to a person so notoriously reported to be factious, seditious, and a favourer of the King's rebels.

The Queen's letter was far more uncompromising in its tone. It contained an emphatic refusal to entertain any thought of a Commission, and it prefaced this vigorously-worded decision with a rebuke such as might have been administered to a naughty child. She told James that she looked upon him as a rare example of a king seduced by evil information. Was it ever seen that a prince, from his cradle preserved from slaughter, upheld in Royal dignity, preserved from many treasons, maintained in all sorts of kindness, should remunerate with so hard measure such dear deservings, and hesitate to yield a just reply to a friend's lawful demand? Ought there to be any question as to whether a King should act rightfully by his equal, and should his Councillors be asked their pleasure as to what he might do? Had this occurred in the nonage of the Prince, it might have some colour; but in a "fatherage" it seemed strange, and, she dared say, was without example. However little regard her "dear Brother" might have for herself, yet she would grieve much to see him neglectful of his own dignity, as the English, whose good opinion she doubted not but he had in some esteem, would measure his love by his deeds, and not by his words on paper. In so far as she was concerned, she told him plainly that she considered herself as ill treated by her professed friend as she could be by her declared foe. Was any castle of hers to be assailed by a night-prowler and her ally not send the offender to his due punisher? Should a friend stick at a demand that he ought rather to anticipate? For other doubtful and litigious Border cases she was willing to appoint Commissioners, if she found it needful, but never in a matter of such villainous usage as this.[273] Nor was this the worst. James was further informed, and that not in a private letter, but through Bowes, that Elizabeth had resolved to stop his yearly gratuity if he did not satisfy her in the redress demanded against Buccleuch.

The correspondence of the time shows that of all who were variously affected by Buccleuch's raid, it was James who, all along, found himself in the most difficult and delicate position. Whilst willing to conciliate Elizabeth, he hesitated to condemn an action of which his subjects were proud as of a triumph over England. He now began to understand that he would have to yield to the imperious Queen. But he was still anxious to delay the inevitable surrender, knowing that amongst the people generally the feeling of opposition to the delivery of Buccleuch was as keen as ever. As a means of gaining time, he raised a new issue, by writing a strong letter of indignation at the Queen of England's threat to stay the payment of his annuity, and at her treatment of him as if he were her pensioner, whereas the money that he received was in return for concessions he had made. This, he thought, was a greater breach of the alliance between them than his not giving up Buccleuch; and to prove that he, for his part, had always been faithful to it, he recapitulated the various acts by which he had always shown his attachment to England.

This led to a prolongation of the correspondence and negotiations between the two countries; and matters dragged on in this way till the month of August, when Bowes was at length able to inform Lord Burghley that Buccleuch had been commanded to ward by the King, and that the place of his detention was St. Andrews. Recognizing this as a step in the right direction, Elizabeth wrote to James to express her satisfaction at his having done what beseemed him. At the same time she gave him to understand that she would not consider herself fairly dealt with until Buccleuch was delivered up to herself. This was again followed by a long exchange of communications, of which the tone, however, marked a gradual approach towards a settlement of the dispute. Before that was reached, James found an opportunity of retaliating in a characteristically petty manner. As Elizabeth insisted that Buccleuch should be delivered over to her for punishment because of his attack on Carlisle Castle, so he demanded that Edmund Spenser should be called to account for his reflections on the character of Mary Stuart. What we know about this new and singular development is contained in a dispatch from Bowes to Burghley. "The King," writes the English agent in Edinburgh, "has conceived great offence against Edmund Spenser, for publishing in print, in the second part of the Faerie Queen, chapter IX, some dishonourable effects, as the King deemeth, against himself and his mother deceased. I have satisfied the King about the privilege under which the book is published, yet he still desireth that Edmund Spenser, for this fault, may be duly tried and punished." It does not appear from anything to be found in the State Papers that this frivolous matter received serious attention on the part of Elizabeth, or was further insisted upon by James himself.[274]

As for the Border incident, after all these negotiations, enquiries, and recriminations, it was brought to a close by Buccleuch's surrendering himself into English custody at Berwick. His captivity lasted from October 6th, 1597, till March 21st following. On his release his ten-year-old child took his place as a hostage. It is noteworthy that the redoubtable Borderer not only ceased to give trouble, but even co-operated with the English Wardens in maintaining peace in the marches. There is said to be a tradition in the Buccleuch family that he was presented to Elizabeth, who admired him for his daring, in spite of the annoyance which it had caused her.

 


A RAID ON THE WEE CUMBRAE

Just off the east side of that southern part of the Little Cumbrae which is included in the parish of West Kilbride, and on a low-lying turf and weed-covered rock, which, according to the ebb and the flood of the tide, is itself alternately a peninsula or an islet, there stands the ruin of an ancient castle. It is still a massive pile of masonry, the ground plan of which nearly forms a square, the difference between length and breadth being less than ten feet. Its distance from the Ayrshire coast and from Millport, on the Great Cumbrae, is about the same; and owing to the comparative inaccessibility which the two or three miles of sea give it, its interior is somewhat less dilapidated than is usually the case with similar relics of the past to be met with on the mainland. The partition walls of the several rooms have, it is true, almost disappeared, so that, for instance, the storey immediately above the vaults on the ground floor would appear to have consisted of one hall, if it were not for the fact that it contains two large chimneys. The ceilings are arched throughout, and it is doubtless due to this architectural peculiarity that each of them is still intact and supplies a solid floor for the storey immediately above. The narrow stone staircase is still practicable in its first flight, but fragmentary and rather unsafe beyond that. In its general appearance the Cumbrae castle is very similar to that of Portencross, over the water. It is probable that they both date from the same period, and are the work of the same builder. Both belonged to the Boyd family.

At the present day the Wee Cumbrae, as it is popularly called, is practically uninhabited. At its westermost point it has a lighthouse with the usual staff, and opposite the castle itself there are two houses serving, the one as a shooting-box, the other as a dwelling for the present tenant's gamekeeper. Closer examination of the island, particularly in winter, when the ground is free from bracken, reveals the remains of a dozen or more cottages, which tell of the existence in former days of a small colony on the less exposed half of it.

In the last year of the sixteenth century several of the families that composed the small population were of the name of Montgomery. The castle itself was inhabited by Robert Boyd of Badinhaith. He was a man of some initiative, and had formed a plan for the building of a harbour for "the commone welle and benefite of the haill liegeis of this realme haveing ony trade and handling in the west seyis". In the year 1599, as a first step towards the accomplishment of this praiseworthy scheme, he had purchased "eleven score of joists of oak of twenty-four foot long and a foot and a half of the square". The cost of each joist was £8, and the whole outlay amounted to £1760. Although this, being in Scots currency, represented less than £150 sterling, the sum in view of the value of money in those days was not inconsiderable.

Whatever may have been the relation in which Robert Boyd stood to the other inhabitants of the Little Cumbrae, their attitude towards him was distinctly hostile. There is good reason to believe that these immediate neighbours of his were not all respectable, peace-abiding folk, but that the island served as a convenient refuge for "rebels, fugitives, and ex-communicates". And it is quite intelligible that these outlaws did not approve of the laird's enterprise, one of the results of which would be to bring their sea-girt asylum into closer touch with the outer world and its justice. Whether for this reason or for the mere sake of plunder, it happened that one day, in 1599, some thirty men, with half a dozen of the Montgomerys as their leaders, came to the fortalice with hagbuts, pistols, culverins, swords, and other weapons, and violently, "with engyne of smythis", broke up the doors and gates, and, after having destroyed the glass windows, boards, and ironwork, "spuilzied" the furniture, together with the materials intended for the construction of the harbour. The perpetration of this outrage was followed by the forcible occupation of the castle by four of the Montgomerys, who fortified it "with men, ammunition, and armour", and "resetted within it not only the disorderit thevis and lymmaris of the Ilis, but also such other malefactors as, for eschewing punishment, resorted towards them".

The document[275] which contains the narrative of the "spulzie" on the Little Cumbrae is interesting, not only because of the glimpse which it affords of the state of the country three hundred years ago, but also, and even more, because of the minute inventory which it includes of the articles either "spulzied" or destroyed in the various parts and chambers of Boyd's castle, together with the value put upon each article or set of articles. In the first place the list indicates the internal structural arrangement of such a dwelling. It consisted of a hall, a kitchen, a chamber, a lower wester chamber and a high wester chamber, a low easter chamber, a wardrobe, a brew-house, and vaults. The contents of the several apartments do not point to luxurious appointment, even in what may be taken as a fair specimen of an ancient Scottish house of the larger and better sort.

The distinction between public rooms and bedrooms does not appear to have existed. There were two or three "stand beds", that is to say, beds with posts, as distinguished from beds that might be folded up, in each of the "chambers". Most of them were of "fir", or plain deal, and valued at £8 Scots, or 13s. 4d. sterling, each. The oak bedsteads, of which there were only two, were set down at 20 marks, or about 23s. sterling apiece. According to the same difference of wood, the "chalmer buirds", as distinct from the "fauldand buird", or dining-table of the kitchen, were worth £4 or £5 respectively. Three beds and a table constituted the sole furniture of the "low easter chalmer" and of the "high wester chalmer". The "lower wester chalmer" was the room which yielded most loot to the raiders. In a cupboard within it they found a "silver piece" of 17 oz. in weight and a cup with a silver foot weighing 7 oz., at £3, that is to say, 5s. an ounce, besides "contracts, obligations, evidents, and books, worth £2000." The same room contained a lockfast chest, which served as a repository for "a doublet and breiks of dun fustian cut out on tawny taffety, a pair of tawny worsted stockings, two linen shirts, two pairs of linen sheets, four pillowslips, two pairs of tablecloths, two broad cloths of linen of five ells in length, two broad towels, and two dozen serviettes".

In the kitchen the utensils were on a scale as moderate as that of the furniture through the whole house. The items which it supplies in the inventory are: Two brass pots, two pans, two spits, a pair of andirons, an iron ladle, a dozen and a half of plates, knives, forks, and spoons for six people, a dozen trenchers, and a folding table. The only engines of war contained in Boyd's fortalice consisted of two "cut-throat guns of iron". They were located in the hall. The whole damage done by the plunder of all the movables and the destruction of such fixtures as doors and windows is estimated at £4776, 10s. 6d. Scots, that is, well under £400 sterling. By no stretch of the imagination can the raid of the Little Cumbrae be considered an event of historical importance. It is rescued from insignificance, however, by virtue of the valuable data which it has been the indirect means of preserving for the information of posterity.

 


RIOTOUS GLASGOW

In 1605 Glasgow could lay no claim to the position of second city of the kingdom that had virtually, though not yet legally, become United by reason of the accession of James VI of Scotland to the English throne. It was not in the first rank, even on its own side of the Tweed, and in a gracious and flattering reference to its condition and estate His Majesty could not go beyond the qualified statement that, "in quantitie and number of trafficquers and others inhabitants", it was inferior to few of the cities and burghs in his northern dominions.[276] There was, indeed, one matter with regard to which it stood on a lower municipal level than either Edinburgh or Perth, Stirling or Dundee. In the choice of its Provost and Magistrates it did not enjoy the full freedom that was the privilege of those more important centres of population.

Prior to the Reformation, and as late after it as the closing year of the sixteenth century, the nomination of the Provost and the selection of the Bailies lay with the Archbishops as temporal, no less than spiritual, superiors of Glasgow. In 1600, however, the King, by a charter dated November 17th, granted to Ludovic, Duke of Lennox, the castle of Glasgow and the heritable right of appointing the civic rulers.

On September 30th of the same year, Sir George Elphinstone of Blythswood appeared before the Town Council, and presented a letter from Duke Ludovic nominating him Provost for the ensuing year. He was also the bearer of an official communication from the King himself, whose friend and favourite he was, and who warmly recommended him for the dignity. The nomination of Sir George, a clever lawyer, who subsequently rose to the rank of Lord Justice-Clerk, appears to have been popular, and he was duly accepted.

With regard to the election of Bailies, the Council was less accommodating. The letter brought by Elphinstone directed that the leet from which a selection was to be made should be submitted, not to himself, but to the Sheriff, to whom he delegated his authority. Such a course was objected to as being both derogatory and contrary to use and wont; and the Council firmly refused to present the leet to any substitute, or to recognize any nomination but such as came from his Lordship's own mouth. In accordance with the resolution arrived at in vindication of their dignity, the Corporation sent Thomas Pettigrew, as its commissioner, to Brechin, where the Duke was staying at the time, and, through him, submitted a list of eight names from which Lennox was to select three.

Unprepared as was Duke Ludovic for such prompt and resolute action on the part of the Glasgow Municipality, he adopted the judicious course of yielding temporary acquiescence to its claims, and on October 7th, Pettigrew was able to report, as the successful result of his mission, that Robert Rowat, James Forett, and Alexander Baillie had been chosen to fill the vacant magisterial seats. Owing to a regrettable gap of nearly four years in the Burgh Records, it is impossible to ascertain what further steps were taken by either side during the period extending from October 27th, 1601, to June 13th, 1605. The only available information bearing on this point is to be gathered from the Register of the Privy Council of Scotland. From a statement to be found there, it appears that Lennox had not maintained his conciliatory attitude towards the Town Council, but that, persisting in his original course, he had devised a means by which the Stewarts of Minto had, under him, "the exercise of the officeis of the said town in their personis".[277]

By August 3rd, 1605, the Municipal Authorities had realized that a greater power than theirs was required to secure for them the free exercise of what they claimed to be rights and privileges sanctioned by the King. On that day a deputation, headed by Sir George Elphinstone and consisting of the Dean of Guild, of one of the Bailies, and of four Councillors, was appointed to go to Edinburgh to settle and end the matter by an appeal to the Privy Council. This further step having proved unavailing, the Corporation, on the 27th of the same month, "ernestlie requestit and desyrit" their Provost to undertake a journey to London, in order to invoke the intervention and aid of James himself. Thanks to Sir George's personal influence and to the favour in which he stood with his sovereign, as much, perhaps, as to the justice of his cause, Lennox was at length prevailed upon to grant the persistent petitioners "the full libertie, fredome, and priviledge of the electioun of thair Magistrattis", without, however, renouncing in any other respect his right of justiciary and bailliary of regality within and around the city.

Sir George Elphinstone's colleagues were not slow to give practical expression to the gratitude that they felt for his public-spirited conduct and to the value that they set on the success of his efforts on their behalf. On October 2nd, 1665, after he had been "removeit of Counsall", they all, with one voice, in respect of the singular care, great zeal and love had and borne by him to the weal and liberty of the Burgh, nominated, elected, and chose him for their Provost. On the same day and in the further exercise of the freedom which he had secured, a list of nine names, including those of three of the "auld Bailies", was submitted to the remainder of the Council, who, by plurality of votes, chose William Anderson, Mathew Turnbull, and Robert Rowat. In recognition of the honour conferred upon them, the new Provost and Magistrates renounced the right which the custom of the time appears to have given them, to the fines levied for certain offences.

Amongst the citizens of Glasgow there was a minority which, looking at the extension of municipal liberty from the point of view of personal interest, felt deeply aggrieved by the new system of magisterial election. It consisted of the members and friends of the house of Minto, a family which had for many generations possessed considerable local influence, and of which the head, Sir Mathew Stewart, had himself filled the position of Provost. It was plain to them, however, that as long as the Council remained united, resistance would be futile, and that their only hope of worsting their opponents lay in dividing them.

For the attainment of this object the means that suggested itself as most feasible was the formation of a faction amongst the craftsmen of the city, "for the most part rude and ignorant men", of whom plausible arguments might make blind and determined partisans. The deacons of some of the numerous crafts or incorporations were first approached. The Stewarts represented to them that the liberty newly acquired by the Council was "nothing else but a manifest thraldom and tyranny against the crafts, a dissolution of the estate of the town, and an heritable establishing of the offices and jurisdiction of the town in the persons of a small number". So widely and successfully did the agitators propagate their "subtile and fals informatioun" that in the end it was "embraced for a treuth be the haill ignorant multitude".

Encouraged by these results, Sir Mathew Stewart saw his way to give more definite and formal shape to his opposition. Shortly before the time when the Provost and his fellow Magistrates were to apply to Parliament for the ratification of their liberty and freedom of election he convoked a meeting, which was held at seven o'clock in the morning, in the house of John Ross, a Town Councillor whom he had won over to his side, and at which between forty and fifty prominent citizens were present. The malcontents drew up a petition against the ratification craved by the Town Council, and, after having appended their several signatures to it, entrusted it to John Ross, James Braidwood, deacon-general, and Ninian Anderson, deacon of the Cordwainers, to be presented to the Lords of the Articles, by whom its prayer was duly granted.

To protect themselves from the consequences of proceedings that might be made to appear factious and seditious, seeing that the meeting had taken place without the presence, knowledge, or consent of the Magistrates, the Stewarts procured from the Lords of Council and Session an exemption in favour of all who had subscribed the application.

Of the sequel there is only one detailed account. It is contained in the complaint subsequently brought before the Privy Council by the Provost and Magistrates, and embodying what is essentially the official view of the case. Whilst it would be unjustifiable to impugn the veracity of this document, there can be no doubt that it places facts in the light least favourable to the agitators; and that in the motives and intentions which it imputes to them it goes further than those facts seem to warrant. It sets forth that, the further to irritate and incense the common multitude against the Magistrates, and to make it appear that they had credit and power to overthrow these at their pleasure, Minto and his accomplices, accompanied by a crowd of some three or four score, all in arms, with targets, swords, and other invasive weapons, came in a very tumultuous and unseemly manner to the Market Cross, whilst the Magistrates were sitting in Council close by; and that, disdaining to ask for the key of the Cross, although it was lying in the Tolbooth ready to be delivered to them, they clambered in, and proclaimed their exemption, "quhilk in effect importit a liberty to thame to do quhat they pleasit, without controlment".

It is alleged that the object of this "tumultuous and barbarous" demonstration was to draw the Magistrates from the Council chamber, and to tempt them to find fault with the proceedings, which would have supplied a pretence for fastening a quarrel upon them and "persewing them of their liveis". If such a design really existed, it was frustrated by the conciliatory attitude assumed by the Provost and his colleagues. Seeing the wisdom of coming to terms with the malcontents, they made arrangements for a conference with the deacons, who, next to the Stewarts themselves, appear to have taken the most prominent part in the movement. The meeting was to take place on July 24th, 1606; and all the ministers in the city, together with the regents of the College, were summoned to attend it.

According to the official account, the Stewarts were apprehensive of the result of the appointed conference, and resolved "to procure some trouble and unquietness in the citie", for the purpose of preventing it from being held. Three of them, it is alleged—Sir Walter, John, and Alexander—knowing that Sir George Elphinstone had arranged to shoot off an archery match at the Castle butts, on the evening of July 23, lay in wait for him near the Drygate with a band of some forty men close at hand at the Wyndhead—all "bodin in feir of weir", that is, equipped for a warlike expedition, with steel bonnets, secret armour, plait sleeves, longstaffs, and other weapons. As the Provost and his friends, who were but five in number and bore no arms but their unbended bows, reached the Drygate, one of them, James Forrett, left the party for the purpose of fetching some arrows from his house. Before he could reach it, Sir Walter, uttering insulting language, attacked him with drawn sword. By this time Sir George had reached the Castle gate, but hearing the altercation, he turned back and endeavoured to pacify the assailant with "fair and gentle" words. "Sir," he said, "I pray you to go youre way; no man sal offend you." His request was unheeded; and then, by the authority of his office, as Provost of the city, he commanded Sir Walter, in His Majesty's name, to go his way.

At this moment the alleged accomplices made their appearance on the scene, and "concurring together, maist cruelli and feirslie set upoun Sir George, and be force and violence drave him and his company back to the Castell porte, quhair he was fred and relevit of the present danger". Thereupon the Stewarts and their party retired to the Wyndhead, where they remained, whilst James Braidwood, by their direction, ran down the High Street, crying: "Arme you! arme you! They are yokit!" This brought up a reinforcement of some two score "airmed men of the seditious faction", headed by Sir Mathew Stewart. With united forces and "with grite furie", the rioters made an onset on the Castle gate, where the Provost was still in shelter. They were checked by the Earl of Wigtown, the Master of Montrose, and the Laird of Kilsyth, three of His Majesty's Privy Councillors, who happened to be at hand.

Being unable to get at Sir George with their longstaffs and weapons, they spitefully threw a volley of stones at him, then rushed tumultuously and apparently aimlessly, "doun the gait to the Barras yet, far beneth the Croce". The tumult, however, was not yet over. Once again the crowd made for the Castle gate, swollen by the accession of some 300 of the "rascall multitude", whom the prospect of plunder had attracted, and who, as they trooped on, indicated their intentions by calling out to each other, "I sall have this buith and thou sall have that buith". Before their arrival the Provost had been removed to the shelter of the Earl of Wigtown's mansion. An attempt was made to storm it; but the Privy Councillors again intervened, and succeeded in dispersing the rioters.

The Privy Councillors, to whose opportune intervention the quelling of the disturbance was mainly due, at once took vigorous measures to prevent the recurrence of outbreaks. The Lairds of Minto were confined by them to the Castle of Dumbarton, whilst Sir George Elphinstone and James Forrett were interned in that of Glasgow. On August 9th, the ward was changed in both cases to the town of Stirling, where the several parties were bound to remain under caution in sums ranging from 5000 merks to £5000, to keep the king's peace. Of the other persons implicated, some were charged to enter ward in Perth, others in Dundee. The 28th of the same month was appointed for the meeting of the Council in Stirling, "to tak tryell in this commotion of Glasgow". The venue was, however, subsequently changed owing to the breaking out of the plague.

It happened that a fortnight before the Minto riots, on July 9th, 1606, Parliament had passed an "Act for Staying of Unlawful Conventions within Burgh". The Glasgow disturbance was the first occurrence that called for the application of this Act. It was embodied in a "proclamation about Glasgow", issued by the Privy Council on July 31st. The preamble referred to the many good Acts of Parliament made by the king and his predecessors, with regard to the modest, good, and peaceable behaviour of the inhabitants within burgh, and to the staying of all tumults, unlawful meetings and convocations, "quhairby it is expressly prohibite and forbidden that all manner of persons within burgh, of quhatsumever rank, qualitie, or condition thai be of, presume or take upon hand, under quhatsumever cullor or pretext, to convein or assemble thaimselffis upon any occasion, except thai make due intimation of the lawfull causes of thair meittings to the Provost and Baillies of the burgh, and obtain thair licence thairto, and that nothing salbe done be thaim in thair saids meittings quhilk may tend to the derogation or violation of the Acts of Parliament, lawis and constitutions made for the wele and quietness of the said burghs"; and whereby also, "the saids unlawfull meittings, and the persons present thereat, are by the saids Acts of Parliament declairit to be factious and seditious; and all thair proceidings thairin to be null and of non availl, and the saids persons ordained to be punished in thair bodies and gear with all rigour". This was followed by a narrative of the recent disturbance between the citizens and the Magistrates—"A thing very undecent and unseamlie and without ony preceiding example in ony burgh within this kingdome". Then came instructions to the officers of arms to pass to the Mercat Cross of Glasgow and there, by open proclamation, "to command and charge the haill inhabitants of the said citie to lay asyde thair armour immediatelie after the publication heirof, conteyne thaimselfis in quietness, and behave them as modest, quiet, and peaceable citizens, forbearing to convocat or assemble upon ony occasion thaimselfis togidder fra this tyme furth, under quhatsumever cullor or pretext, without the knowledge, consent, and licence of the saids Magistrates, nor yit to do, practize nor attempt anything hurtfull or prejudiciall to the saids Acts of Parliament, lawis and constitutions of the said citie: certifying thaim that sall do in the contrair, that thai salbe repute, haldin, esteimit, perseuit and punisht as factious and seditious persons, perturbers of the peace and quiet of the said citie, with all rigour and extreamitie, conforme to his Hienes laws and Acts of Parliament made thairanent".

Complaints had been laid before the Privy Council, on the one side by the Provost and Magistrates of the City of Glasgow against the Stewarts and their abettors, on the other by Sir Walter Stewart of Arthurlie against Sir George Elphinstone and the friends who accompanied him on the eventful evening of July 23rd. Both cases were heard in Edinburgh on August 27th, 1606. With respect to that in which the opponents of the Corporation were the defenders, it was declared that those persons had committed a "verie grite insolence and ryot". For this they were condemned to be warded in the burgh of Linlithgow till His Majesty's will was made known concerning them. At the same time the Lords "assoilzed simpliciter" the Lairds of Minto, elder and younger, and all the other defenders, from forethought felony intended against the pursuers, and from the charge of "thair lying at await" for the Provost at the Wyndhead of the city, the pursuers having failed to prove that part of their complaint. On similar grounds, decree of absolvitor was pronounced in favour of Sir George Elphinstone and his fellow defenders in the suit brought against them at the instance of Sir Walter Stewart.