BOOK I. CONTAINING THE REIGN OF ROBERT II.

Conſiderations on the acceſſion of the Houſe of Stuart, and its ſtate at the time—character of Robert II—claim of Douglas—tranſactions with France and England—parliament—war with England—Berwick taken and retaken—expedition of Nottingham—incurſions—truce—Lancaſter in Scotland—league with France—parliament—French troops arrive—war with England—expedition of Richard II—Scots attack En⯑gland—battle of Otterburn—Fife regent—truce—death of Robert.

THE acceſſion of the family of Stuart to the Scotiſh throne deſerves the particular attention of the hiſtorian. 1371 Among the many families, which have held the regal ſceptre in the various kingdoms of Europe, none have been hailed with equal applauſe, none have encountered equal animoſity. This houſe being at the head of affairs, when many violent efferveſcences of party aroſe, the ſober voice of candour has been drowned [2]in the tumult of numerous partiſans. Truth has ſighed when ſhe beheld all the weeds of obloquy, and all the flowers of praiſe, heaped upon the ſame monument.

But the period is at length arrived, when the violence both of religious, and of political, party was to ſuffer a conſiderable abatement. When univerſal right of conſcience ſhall order governments to refrain from the private buſineſs of the boſom; and ſhall render even the name of toleration ridiculous by tearing down the veil, which obſcured the moſt ſacred prerogatives of mankind. When the intereſted aims of antiquated parties were to become objects of equal neglect to enlightened nations, who began to ſee that one party alone could ſerve them, an union of the people againſt their corrupters and oppreſſors.

There is a gloomy bigotry in the ſpirit of party which is inimical to reaſon, and which clouds the ſunſhine of the mind. Abſurdity becomes as contagious as a peſtilence; and many tenets are objects of belief becauſe they are impracticable to argument. Hence we ceaſe to wonder when we behold the human character, ſo variable in itſelf, and ſo liable to every alteration of time and circumſtance, ſuppoſed to be conſtant and immutable in one family only. To the jaundiced eye of party the whole Houſe of Stuart became, as it were, one teſt of political and religious opinion. Inſtead of granting, according to the dictates of reaſon and of fact, that the monarchs of that illuſtrious family were as various in their characters, and conduct, as thoſe of any other genealogy, and country, faction has been ſo abſurd as to form them into one houſe of fame, or diſpraiſe. One character alone may indeed be aſcribed to the whole fa⯑mily, in the ſacred term of unfortunate: and their proverbial misfortunes as often contradict the political maxim, that want of ſucceſs is but another expreſſion for defect of prudence, as they confirm the rigorous obſervation. If one other general [3]remark be allowed, it muſt be, that moſt of the princes of this family were better qualified for the enjoyments and elegancies of private life, than for the toil and dazzling buſtle of royalty; and had little of that tyrannic ſplendor which pleaſes the people ſo much, becauſe they regard the monarch as the public repre⯑ſentative, and exult when he ſhews his ſpirit by trampling upon them. A mild ſovereign may receive the appellation of a tyrant, from his yielding ſome prerogatives, and thus raiſing hope and reſentment becauſe he concedes not more; while, with equal injuſtice, a deſpot may ſecure popular applauſe, becauſe his royal ſpirit preſerves the tyranny in pure and un⯑corrupted pomp. To confirm this obſervation let the houſes of Tudor and of Stuart be compared. But after theſe prepa⯑ratory remarks, it is now proper to return to the immediate courſe of the narration.

The ſceptre of Scotland paſſed to the family of Stuart at an unfortunate period for the acceding progeny. Inſtead of a new ſovereign who might intereſt the wiſhes of the nation, by the amiable and ſplendid promiſes of youth, or excite its con⯑fidence and ambition by the ſteady ſpirit of middle age, the reins of government fell into a hand trembling under the weight of years.

In order to enable the reader to form juſt ideas concerning this important event, it becomes neceſſary to explain, as briefly as poſſible, the origin, and progreſs, of the family of Stuart; and its actual condition when it aſcended the Scotiſh throne.

The fables of adulation have now paſſed away, and it is acknowledged that we have no certain evidence concerning this family, till the reign of David I, when Walter the ſon of Alan appears as Steward ¹ of Scotland: and there is room to [4]believe that this genealogical appellation points to the noble and ancient Engliſh family of Fitz Alan. Walter was ſuc⯑ceeded in his high office by Alan his ſon; who was followed by the ſecond Walter. No action worthy of the hiſtoric page is authentically recorded of theſe three: and the moſt important intelligence, which we can obtain from their charters, is the ſituation of their lands; which were chiefly in that weſtern promontory, waſhed by the fertile and pictureſque river Clyde, and now called the ſhire of Renfrew, then, and ſince, the territory of the family, and power, of the Stewards ². A higher fate awaited Alexander, the fourth Steward of Scotland, who united the adjacent iſland of Bute to his patrimony by marrying the heireſs; for in the year 1255, he appears among the great nobles, who oppoſed the exorbitant power of the Comyns; and, three years after, is mentioned as one of the [5]regents of Scotland, during the minority of Alexander III; and, in 1263, he commanded the Scotiſh army at the conteſt with the Norwegians near Largs ³. James, the next High Steward, was alſo a regent of Scotland after the unhappy death of Alexander III; ſhared the fame of Wallace in defence of his country, but ſoon abandoned him; then reſumed the cha⯑racter and exertions of a patriot, and had the merit of being excepted in the amneſty of Edward I. His age alone ſeems to have reſtrained him from aſſiſting the early patriotic endea⯑vours of Robert I, for he died in 1309, after a life of ſixty ſix years ⁴.

But the proſperous fortunes of this houſe moved in a yet higher progreſs, when Walter, the ſixth High Steward, ſtrength⯑ened and adorned his country. One of the heroes who divided the danger, and the glory, at Bannocburn, his youthful courage, and tried fidelity, were, the following year, rewarded with the largeſt gift which a ſubject could receive, in his marriage with the only daughter of his ſovereign. His valour, and his abi⯑lities, were confirmed in the public eſteem by the defence of Berwick, and by his government of the kingdom in conjunction with Douglas: and his early death was lamented by a grateful people ⁵. Robert, the ſeventh High Steward, was the only [6]iſſue of Walter and the princeſs: and to him the crown of Scotland was deſtined to devolve. Diſtinguiſhed in early youth by his conduct at the battle of Halidon, by his deciſive exertions againſt Edward Baliol; by the ſingular praiſe of being appointed, in conjunction with Murray, governor of Scotland, at the age of eighteen, he did not afterwards fruſtrate the general expectation ⁶. Twice ſole governor of a fierce and high ſpirited nation, he confirmed the claim of his birth by the tenor of his actions: and he afterwards aſcended the throne, fully experienced in the duties of obedience, and the arts of command.

The actual ſtate of the family, when it became royal, claims our next attention. Rewards for ſucceſſive ſervices of import⯑ance, and the dower of the princely bride, had encreaſed the poſſeſſions of the Stuarts to a great number, and extent, in various regions, both in the weſtern and eaſtern parts of Scot⯑land ⁷. Had the territories of Douglas been as detached as thoſe of Stuart, that name had never become formidable to the crown: but chance, and not deſign, ſeems to have preſided in this diſtant allotment. The title, and office, of High Steward had ſucceeded, in France, to the ſupremacy of the Mairs of the Palace: and in that, and other, countries were ſoon found too lofty for the ambition of a ſubject: hence it is not matter of ſurprize that no territorial dignity was annexed to this dis⯑tinction, till the year 1359, when the earldom of Strathern devolving into the hands of David II, was by him conferred on Robert, afterwards his ſucceſſor ⁸. But, in 1258, Walter, a cadet of the family, had become Earl of Monteith, by [7]wedding the heireſs ⁹; and Sir John Stuart of Bonkill, another cadet, was by David II created Earl of Angus; and he and his heirs held the eſtate, while the Umfravilles of England graſped at the title for many generations ¹. Robert, the Steward, had but one brother, Sir John Stuart of Railſtoun, the only iſſue of his father's poſterior marriage with a ſiſter of Graham of Abercorn ²; and this brother ſleeps in the ſilent ſhades of heraldry: but the family, by the extent of their poſſeſſions and connexions, wanted not power to ſupport their juſt title to the throne. Of all the great Scotiſh families that of Douglas alone ſeems to have been equal, and perhaps ſu⯑perior, in power. The ſucceſſor to the ſceptre was alſo for⯑tified by a numerous progeny, ready to aſſert and to perpetuate his claim. By his firſt wife, Elizabeth daughter of Sir Adam More of Rowallan, he had his ſucceſſor John lord of Kyle, created Earl of Carric by David II; Walter earl of Fife; Robert, by marrying an heireſs of his own family, Earl of Menteith, afterwards Earl of Fife likewiſe, and Duke of Albany; and Alexander of Badenoch Earl of Buchan: beſides ſix daughters, united to the powerful families of March, Lyon of Glamis ³, Hay of Errol, Mac Donald of Ilay and the Iſles, Douglas of Nithſdale, Lindſay of Gleneſk. Nor was his ſecond wife, Euphemia Roſs daughter of the Earl of Roſs, unproductive of additional ſupports to his family, in David afterwards Earl of Strathern; and Walter lord of Buchan, Earl of Athol and Caithneſs, and of Strathern upon his bro⯑ther's death, but to be in a future period branded as the mur⯑derer [8]of James I: and in four daughters, the elder of whom afterwards wedded James earl of Douglas; while the three others were joined to Keith a ſon of the marſhal, and two knights Logan and Swinton ⁴. The attachment of Robert to the fair ſex alſo appeared from his natural iſſue by his concu⯑bines, among which ſix ſons are noted by genealogiſts; and the Stuarts of Bute, Cairney, and others, are of their de⯑ſcendants ⁵. It was certainly fortunate for the acceding family that it poſſeſſed ſuch internal ſtrength at this criſis; but this chance was overbalanced by peculiar diſadvantages.

The King was advanced to his fifty fifth year ⁶; and the weakneſs of his reign ſufficiently teſtifies that age began, and continued, to freeze abilities, which had formerly flowed in a clear and copious ſtream. His eldeſt ſon and heir, the Earl of Carric, had been maimed by a horſe ⁷, and was lame and weak in body, and of no power of intellect. A perſonal de⯑formity, which often arouſes ſuperior ſpirit in an individual, is pernicious to princes, in whom not a defect, but a ſuperiority, of dignity is matter of a general expectation, ſo deeply rooted in our nature, that ſavage nations often appoint their ſovereigns only from ſuperior perſonal appearance. This remark muſt alſo be applied to Robert II himſelf, whoſe eyes, disfigured by imflammation, diſguſted the beholders ⁸. Humanity would [9]paſs ſuch topics, did not ſo much of human hiſtory depend on the ſlighteſt qualities, or defects of princes.

The perſon of Robert II was however large and majeſtic ⁹. The qualities of his mind it is difficult to mark with preciſion. The diſeaſe of his eyes ſeems to have induced a deſire of pri⯑vacy, and age a propenſity to indolence, and the indolent are always ruled by thoſe around them. War he ſhunned, and declined the laborious office of a general; but the leaders whom he appointed were well choſen and ſucceſsful. In the more difficult and more truly glorious arts of peace, he is intitled to conſiderable praiſe. The terrors of juſtice he knew how to deal impartially to the guilty, while he opened every gate of protection to the innocent. His actions proceeded in a ſolid and rational tenor; and his promiſe was the exact ſtandard of his performance. Internal diſcords his equity appeaſed; and though his own age, and the infirmity of the apparent heir, rendered his reign feeble, yet his wiſdom prevented it from being unfortunate. In a word he is little known to hiſtory, becauſe he was a good king, and a good man.

Upon the death of David II the ſtates of the kingdom aſ⯑ſembled at Lithgow; Feb. and their determination appeared una⯑nimous in the appointment of Robert as ſucceſſor to the vacant throne ¹. But a ſudden cloud aroſe, which threatened all the ſtorms of civil war. William Earl of Douglas unexpectedly claimed the crown, as uniting in himſelf the dubious preten⯑ſions of Comyn, and the ſolid title of Baliol. Yet the claim was no ſooner made than withdrawn. Our elder hiſtorians aſſert that the ſtrong intereſts of the Earls of Dunbar and [10]Murray, and the yet ſtronger of Sir Robert Erſkine, keeper of the caſtles of Dunbarton, Edinburgh, and Stirling, appearing decided for the Steward; induced Douglas to reſign his ex⯑pectation; while the hiſtorian of the houſe of Douglas aſcribes the deſertion of the claim to its own friends ². Pretenſions, which now ſtrike as vague or uſurpative, might not wear that appearance in an age when the rights of ſucceſſion were fluctuating and undetermined. But prudence certainly did not conſpire with ambition upon this occaſion, for no previous concert appears, no conciliation of intereſt; and the claim can only be recommended as a ſubject of ſpeculation. Had Robert I united his houſe to that of Douglas, the proſperity of Scotland might perhaps have been more ample under a family that, though ſubject, ſhewed a regal ſpirit; that in war boaſts a genealogy of heroes; and that happened to have few of thoſe minorities, which harraſſed the kingdom under the Stuarts: but in the more uſeful honours of peace the latter family ſeem to have been far ſuperior, and by their merit alone better de⯑ſerved the ſceptre.

Robert, attended by the ſtates, proceeded to Scone, where he was crowned with the uſual ceremonies ³: March and, to ſettle the ſucceſſion, a ſolemn act was paſſed by the king and ſtates, de⯑claring John Earl of Carric, and Steward of Scotland, un⯑doubted [11]and apparent heir of the kingdom ⁴. 1371 27 Mar. To conciliate Douglas, his eldeſt ſon was honoured with the hand of Eu⯑phemia, the King's daughter: and to procure time and oppor⯑tunity to win the public confidence, before engaging in difficult and important affairs, it was reſolved religiouſly to obſerve the truce concluded with England, two years before, for the term of fourteen years, and the ſtated payments due for the ranſom of the preceding monarch ⁵. At the ſame time, in order to convince France that a change of politics had happened upon the acceſſion of the new family, the treaty with that country was renewed; and it was ſpecially ſtipulated that, in caſe of a competition for the Scotiſh crown, June the King of France ſhould withſtand any Engliſh influence, and ſhould ſupport the deter⯑mination of the ſtates of Scotland ⁶.

[12]Another clauſe in the ſame treaty had effects apparently not foreſeen, and certainly not wiſhed nor intended. It was agreed reciprocally that the ſubjects of the allied powers ſhould not ſerve in the Engliſh armies; and different Scotiſh men, who had, toward the end of the preceding reign, entered into them, in conſequence withdrew. This circumſtance was conſidered as an indication of war; and, joined with the jealouſy naturally ariſing from the renewal and amplification of the treaty between Scotland and France, induced the Engliſh monarch to uſe caution and vigilance; and he iſſued a mandate to the Whop of Durham, 1372 Feb. ordering that all capable of arms, in the north of England ſhould hold themſelves in readineſs to oppoſe any Scotiſh invaſion ⁷.

But to ſuch a weakneſs had the illuſtrious reign of Edward III fallen, and ſo diſordered was the machine of his government, that from this period to his death, five years after, it is impoſſible to pronounce from his diſpoſition that there was peace, or from [13]his exertion that there was war, between the two kingdoms. 1372 The Scotiſh king endeavoured to cultivate peace by attentive payment of the ranſom, though the Engliſh ſovereign continued to deny his title, and only condeſcended to uſe that of "moſt noble and potent prince our dear Couſin of Scotland;" and when diſpoſed to war, "our adverſary of Scotland ⁸." But in this reſpect a ſimilar conduct to the French monarch afforded precedent, and conſolation.

In a memorable parliament, held at Scone, committees were, 2 Mar. in imitation of the parliament aſſembled by David II in his fortieth year, appointed for the general adminiſtration of juſtice; and lords of the articles were choſen. The chief ſtatutes are, that no aſſeſſors be permitted to fit in the royal council, that no horſes be ſold into England, though cattle and ſheep may; money exported is to pay forty pence in the pound. No ſherif, ſerjand, or mair, is to require preſents, or remiſſion of debt. No mandate againſt the common courſe of law is to be obeyed, under whatever ſeal it may be iſſued. And a long, and ſevere, ordinance is enacted againſt murderers, and their abettors ⁹.

[14]The attention of Robert was again directed to the ſucceſſion in a parliament held at Scone. 1373 Apr. It was provided that, fail⯑ing John Earl of Carric and his heirs, Robert Earl of Fife and Monteith. Alexander Lord of Badenoch, David Earl of Strathem, and Walter afterwards Earl of Athol, ſhould, in this order of birth, and their heirs, wear the diadem in caſe of the failure of immediate heirſhip in any predeceſſor ¹. This act was prudent in one point of view, as calculated to ſtrengthen the ſucceſſion, and guard againſt civil war; but, in another, as the apparent heir was infirm, and had no children at the time, it perhaps lent a fanction and ſupport to the ambition of the ſecond ſon, which had ſuch violent effects in the following reign.

A few ſucceeding years muſt have been peaceful and happy, for they ſupply no materials to hiſtory ².

But a greater order of affairs opens upon us, 1377 when Richard II ſucceeds to the Engliſh throne. Two wars, pregnant with various and important events, diſtinguiſh the latter part of the reign of Robert II; and it is the not unuſeful province of hiſtory to delineate hoſtilities in particular, as calling forth the greateſt exertions of character and talents, and as laſting [15]beacons to warn mankind againſt the danger of war their greateſt enemy.

An officer of the Earl of March was ſlain by the Engliſh at Roxburgh, then in their poſſeſſion; and the Earl, after a vain demand of ſatisfaction, attacked, ravaged, and burned the town, during a fair, and glutted his followers with ſlaughter, revenge, and ſpoil. The Engliſh borderers retaliated on the lands of Sir John Gordon, who entering England was encountered by Lilburn, whom after a deſperate affray he defeated at Carham ³. Theſe border tumults were at length rendered reſpectable by the interference of the Earl of Northumberland. Arming ten thouſand men he proceeded to ravage the lands of March for three days, and returned with conſiderable booty ⁴. Excited by this ſucceſs the Northumbrians, under ſome infe⯑rior leader, invaded the weft marches of Scotland; but met with a different reception, few of them eſcaping to tell the fate of the reſt ⁵. And, if we credit an Engliſh hiſtorian, the government of his country, alarmed at this misfortune, ſent Edmund Mortimer Earl of March to treat with the Scots, on the uſual day for ſettling the diſputes of the marches; and the truce was renewed with reluctance, and for a ſhort time ⁶. Commiſſions for compromiſing theſe diſorders were however iſſued by Richard II, on the twenty ſeventh day of September this year, and on the firſt of January following ⁷.

The revenge of an individual contributed ſtill further to deſtroy any remaining harmony between the two nations. [16]Mercer a Scotiſhman, 1378 commanding a ſmall fleet of Scotiſh French and Spaniſh veſſels, ſuddenly diſplayed his motley ſquadron before Scarborough, and captured ſome valuable Engliſh ſhips of merchandize, becauſe that his father, a wealthy merchant reſiding in France, had been taken at ſea by ſome Northumbrians, and impriſoned at that place. The father was a man of importance at the French court, eſteemed by Charles the Wiſe, and his advice followed in many points detrimental to the Engliſh, and advantageous to the French, commerce. Walſingham expreſſes unaffected concern that the Earl of Northumberland had executed juſtice in ſoon delivering him without ranſom; for, adds he, if he had been ranſomed by the common rules he might have enriched the king, and kingdom, with ineſtimable wealth ⁸. But though the elder Mercer had been delivered, it would appear that his ſhips and cargo were not; and that retaliation conſpired with revenge to excite his ſon to this enterprize. The young man, boaſting of the exploit, continued to keep the ſea, as defying the ma⯑ritim power of England; till John Philpot, a wealthy and ingenious merchant of London, ſtung with the diſgrace offered to the commerce of his country, fitted out ſhips of force pro⯑vided with one thouſand men, raiſed at his own expence, who aſſaulted and took Mercer, his newly acquired prey, and fifteen Spaniſh ſhips which aſſiſted him ⁹. The Duke of Lancaſter, [17]who ſwayed the councils of the young Engliſh monarch, rather checked than applauded the ſpirit of Philpot; and commiſſioners were appointed to treat with thoſe of Scotland concerning peace ¹. 22 Oct.

It is difficult to diſcover the real pretext, or occaſion, of the capture of the caſtle of Berwick by the Scots this year; Nov. and the events of this period are not a little embroiled by various and diſcordant accounts. According to the old Engliſh and Scotiſh writers, this breach of the truce aroſe from the raſhneſs of a few borderers ²; but, if we believe Froiſſart, it was the con⯑ſequence of a war, commenced by the determination of the Scotiſh government. This laſt account we are diſpoſed to follow; and to infer, from the narrative of it's author, that the counſels of France, which aimed to divert the attention of Richard II from the ambitious views of his grandfather, had a ſhare in ſtimulating the Scots, already ſtung with repeated inſults, to regard the dubious truce in the ſame light with the Engliſh, and to break it when it ſuited their convenience ³. The French hiſtorian infroms us, that, by direction of Robert II, and his council, a ſmall army was ordered to meet on the borders under the command of Douglas, Murray and Mar. While this hoſt was gradually aſſembling, and eſquire, named Alexander Ramſay, proceeded with forty companions to Ber⯑wick. Sending a ſpy to diſcover the ſtate of the caſtle, it was found that there was no water in the ditches, and no guard on the walls. Ramſay and his followers immediately planted ladders, ſcaled the walls, and came to the keep, where the [18]commander was in bed, it being apparently early in the day, and he was killed in attempting to eſcape. An alarm being given the governor of the town ordered the ſtop and pillars of the drawbridge to be deſtroyed; and upon the aſſailants finding that they could not paſs, the governor and his people ſhouted "Are you there? Remain where you are. You ſhall not eſcape without our permiſſion." Ramſay reſolved to wait for ſuccour from the army, for Douglas had already marched from Dalkeith to Dunbar ⁴.

Meanwhile the Earl of Northumberland ſummoned his array to Berwick; and with ten thouſand men beſieged the caſtle, and began a mine. The Scotiſh barons reſolved to raiſe the ſiege: and Archibald Douglas, a relation of Ramſay, advanced with a choſen party; but found the Engliſh too numerous, and was forced to retire; upon which the caſtle was taken by aſſault, and all the Scots ſlain, except Ramſay who yielded to Lord Percy ⁵.

The Earl of Nottingham joined Northumberland, and they reſolved to fight the Scotiſh army if it advanced againſt them, or, if not, to ravage the ſouthern parts of Scotland. A party of three hundred lances and as many archers was detached, under Muſgrave the governor of Berwick, to Melroſe, while the reſt of the Engliſh army advanced to a hamlet near Rox⯑burgh where the Scots lay. Muſgrave ſent two ſquires to explore the enemy, who were taken, and diſcovered the Engliſh ſituation and deſigns; upon which the Scots reſolved to ſurprize Muſgrave, and marching immediately arrived near Melroſe at midnight; but a tempeſt of wind and rain blowing in their faces, they could hardly withſtand it's force, and wan⯑dered [19]from their way. Halting under a wood, and making fires, they remained till dawn, when the tempeſt abated: and, as they were forced to forage, they had ſome ſkirmiſhes with Muſgrave's men who were alike employed; and he determined to advance to the right, in order to join the Engliſh army, but the Scots amounting to ſeven hundred lances, and two thou⯑ſand uncouthly armed, lay in the wood, and intercepted his progreſs. A conflict being unavoidable Douglas, according to the cuſtom of the times, knighted James his ſon, and Robert and David, two ſons of the king: the battle was quickly de⯑cided; Archibald Douglas, lighting on foot, and wielding a ſword of enormous length which another man could hardly have held, made great ſlaughter: Muſgrave, his ſon, and many knights, and ſquires were taken. The Scotiſh army retired towards Edinburgh with their captives, while Northumberland and Nottingham could not purſue them, becauſe of the tem⯑peſtuous ſeaſon of the year, and were forced to return, and diſmiſs their men, while the Scots were rejoicing and ranſom⯑ing their captives at large ſums ⁶. Such is in abſtract the account of Froiſſart, whoſe native ſimplicity, and particularity of detail, lead, whenever he is followed, into ſome length of narration; but it is hoped, not unpleaſing, as it paints the ſpirit and manners of the times. The Scotiſh chronicles im⯑pute the defeat and capture of Muſgrave to Sir John Gordon; and inform us, that Johnſton, and others diſtinguiſhed them⯑ſelves in ſkirmiſhes with the Engliſh upon the weſtern marches ⁷.

Though a peſtilence now raged in England, 1379 the Scotiſh borderers continued their inroads, with the uſual barbarity of marauders accuſtomed to rapine and cruelty ⁸. The embar⯑raſſing [20]affairs of the Duke of Bretagne the Engliſh ally, and an indeciſion which ſeems to have prevailed in the councils of Richard II at this period, conſpired with the peſtilence to prevent any exertion to retaliate; as the latter calamity was a ſufficient barrier againſt any important expedition of the Scots.

But in the next year a Scotiſh veſſel, 1380 worth ſeven thouſand marks, being taken by Engliſh ſhips from Hull and Newcaſtle, the Scots, enraged at the loſs, entered England under the Earl of Douglas; and piercing Cumberland and Weſtmoreland, drove from the foreſt of Inglewood forty thouſand domeſtic animals of different kinds, which a party conducted to Scotland ⁹. Douglas with twenty thouſand men ſurrounded the town of Penrith by night, during a fair; ravaged, and burned it, and loaded his army with ſpoil. Returning by Carliſle they in⯑tended to attack that city, but learning that the northern counties of England were armed, and advancing, the Scots determined to ſecure their prey, with which they were too much incumbered to fight with advantage, and continued their march to their own country ¹. The peſtilence had not quite abated, and it's importation revenged the enemy for their loſs; this being the third great attack of this calamity in Scotland, and in which not leſs than one third part of it's people is ſaid to have periſhed ². [21]The Earl of Northumberland meditated an active revenge, till he was prevented by an unexpected order from the king to defer the matter to the determination of the next ſolemn day for the affairs of the marches ³. But fifteen hundred Engliſh, chiefly of Cumberland, advanced into Scotland with fire and ſword, till falling into an ambuſcade of five hundred foes, on diſadvantageous ground, many were ſlain, or drowned in the Solway in their flight, and ſome were made captives ⁴.

Happy it is for the two kingdoms, intended by their ſituation for perpetual union, that thoſe unceaſing inroads, deſtructive of cultivation and of trade, and which enriched the idle and the bad at the expence of the good and induſtrious, now only haraſs the march of the hiſtorian; who loſt, as in the moving ſands of a deſert, ſighs for the pleaſing landſcape of peace, or the grandeur of ſome important ſcene.

The Duke of Lancaſter, who managed the councils of his ſovereign, had aſſumed the title of King of Caſtile; and de⯑termined to proſecute his pretenſions to that kingdom, ariſing from his marriage with the daughter of Peter the cruel, by aſſiſting the Portugueze againſt the reigning prince ⁵. It was improtant to his purpoſe that a truce ſhould be eſtabliſhed with Scotland, either by the terrors of a deciſive war, or by the conciliating reſpect of an honourable embaſſy: and he reſolved to be himſelf the bearer of both. With a royal commiſſion to adjuſt the terms of peace, and with a formidable army, he advanced to borders of Scotland. This armed negociation was ſucceſsful; for, in anſwer to his invitation, the biſhops of Dunkeld and Glaſgow, the Earls of Douglas and March, and [22]Archibald Douglas lord of Galloway, appeared as commiſſioners from Scotland; and a truce was concluded at Berwick to laſt for one year ⁶. Nov. The Engliſh, not apprized of Lancaſter's original intentions, murmured to ſee their northern counties conſumed by his numerous army: and the expence of the negotiation, which ended in delaying the ranſom of David II, and in other conceſſions, enereaſed their diſcontent ⁷.

According to an agreement made in concluding the truce, 1381 June Lancaſter again proceeded to Scotland in the following ſummer, but only with his uſual train; and he was inſtigated to uſe his beſt endeavours for a treaty by a promiſe of the Engliſh council that, if he could confirm a truce for three years, they ſhould aſſert his pretenſions to Caſtile, and furniſh him with a com⯑petent force to join with that of Portugal ⁸. Meeting the Earl of Carric, heir of the kingdom, and other Scotiſh com⯑miſſioners, at Alcheſter near Aytown, an important conference enſued. The Scots complained that, during the truce of four⯑teen years, many infractions had been made by the Engliſh upon their freedom of intercourſe and commerce with England, eſtabliſhed by that truce; and the fact being denied, they offered to ſubmit the evidence to an equal number of noblemen of both nations: but the Engliſh waved the affair, by offering the vague expedient of calling in the mediation of ſome neigh⯑bouring ſovereign. Lancaſter however conſented that the payment of any further part of the ranſom ſhould be deferred till Candlemas 1383, to which period the treaty was extended; and agreed again to meet the Earl of Carric in July that year ⁹. The inſurrection of Wat Tyler prevented the Duke's imme⯑diate return to England, he being apprehenſive of the fury of [23]the rebels, from his attachment to Wickliff, and other unpopular actions. He proceeded to the caſtle of Edinburgh, which, as a mark of honour, was given up to him and his attendants; and hi reſided there till the ſubjection of the rebels rendered his return to England ſecure ¹.

A truce of one year concluded between England and France 1383 contributed ſtill further to give a reſpite to the horrors of war: and as treaties were, in that age, underſtood only to bind the ſovereigns who contracted, and not their heirs, the Scotiſh king ſent an embaſſy to the ſucceeding French monarch Charles VI, who engaged when war ſhould recommence between England and Scotland, to ſend to the latter kingdom one thouſand men at arms; a formidable force at that period, in which a few knights in panoply were wont to defeat armies of rude infantry. He alſo promiſed a thouſand ſets of armour for as many Scotiſh gentlemen; and a ſum of money to conciliate the court and nobles to enterprizes certainly foreign to the real intereſts of their country ². The ignominious barter of the blood, and proſperity, of the nation for French gold cannot be palliated, but by the confeſſion that it was neceſſary to maintain an active alliance with France; and that the ſums drawn from that country were reputed a compenſation to Scotland for being commonly engaged in war ſolely by her ally. To ſuppoſe that any treaty exiſted, preceding the unhappy and imprudent reign of John Baliol, is to ſuppoſe that France was capable of the utmoſt treachery and impolicy, when ſhe permitted the ruin of Scotland by Edward I; and that the Scots were ſo [24]improvident as to ſubmit the determination of their crown to an inimical ſovereign, inſtead of their ancient ally ³. And even after the active alliance appears, during the reign of David II, an alliance to be written with the tears, and ſigned with the blood, of Scotland, ſcarcely can hiſtory mention one war, into which France did not conduct that country. But had Scotland been bleſſed with a more free and democratic government, her peace, her induſtry, her learning, her happineſs, had not been ſacrificed to a corrupt ariſtocracy; for as to the Monarch, ſup⯑poſing that he wiſhed for peace, and had the public intereſt at heart, how could he at once reject the deſire of a neceſſary ally, and the wiſhes of an uncontrouled nobility?

The Duke of Lancaſter and the Earl of Carric again met; July and the latter agreed to a compenſation for ſome damage done by the Scotiſh borderers this year to the caſtle of Wark, and other places in England: but a definitive treaty being again mentioned, Carric declared that he had no powers for that pur⯑poſe; and the conference diſſolved without any further renewal of the pacification ⁴.

The truce being thus permitted to expire, 1384 a war of real importance, and of a ſingular and intereſting complexion, took place. Oct. to July France had made a brief truce with England, after the part both had taken in the Flemiſh commotions, to laſt till midſummer this year: but, by ſome neglect, Scotland had not been included, and this circumſtance was eſteemed ſufficient to juſtify an invaſion of that country. The Duke of Lancaſter, and the Earls of Northumberland and Nottingham, with a conſiderable army, Eaſter 28 Mar. entered Scotland by Berwick, and ravaged the country up to the walls of Edinburgh, then, as now, the [25]capital city ⁵: from an amiable regard for a place, which had been his aſylum on a recent occaſion, Lancaſter would not permit the deſtruction of Edinburgh, but withdrew his army; and, with an inadequate prey, regained England, before the Scots, who were unprepared, could intercept his retreat ⁶. A few villages were burned in this expedition; but the Scotiſh houſes were then ſlight huts of wood, and eaſily refitted: and they found time to remove their cattle, and effects, into the foreſts, and even to carry off the ſtraw roofs of the houſes in the capital, as ſome ſecurity againſt a conflagration ⁷. We learn from Froiſſart that Robert ſummoned an army, but that the French envoys mean time arrived to notify the truce: although about thirty French knights and eſquires, finding no further employ in Flanders, now came to Scotland as a theatre of arms ⁸. The King wiſhed for peace; but the barons oppoſed his intentions, and meeting in the church of St. Giles at Edin⯑burgh reſolved on war, and informed the French knights that [26]their ſpirit ſhould be immediately called into action. Without the avowal of the King an expedition was ſet on foot, and 15000 of ſuch cavalry as Scotland then had were aſſembled on the borders; who ravaged the lands belonging to Northumberland, Nottingham, and Mowbray, and returned loaded with ſpoil, before the Engliſh had time to collect any force ⁹. The Earl of Northumberland ravaged the ſouth of Scotland again; and as ſoon as he diſmiſſed his army the Scots retaliated; ſo that the ſummer paſſed in mutual inroads ¹.

The French knights taking leave, the Scotiſh barons deſired them to ſend their friends, to enter this new career of glory, by carrying the war into England; and it is ſaid that Jehan de Vienne, Admiral of France, and other potent perſons of that country, were inſtigated by their diſcourſes upon their return, as much as by the recent treaty, to fulfill its conditions next year ². A reſolution pregnant with ſuch ruin to Scotland, as even to threaten the ſubjugation of the kingdom.

At this time the papal influence, which had increaſed in Scotland by a bull of Gregory XI againſt intromiſſions with the effects of deceaſed biſhops ³, was honoured with an addi⯑tional ſupport in Wardlaw biſhop of Glaſgow, who was raited to the rank of Cardinal, and appointed Legate a Latere for Scotland and Ireland with ample powers ⁴. The commons, who alone conſtitute a people or nation, ſeem only to have been regarded as patient objects of increaſed exactions both by the nobility and clergy. Few other events of importance hap⯑pened this year. William Earl of Douglas brought Tividale into a ſtate of fidelity, which had been ſubject to the Engliſh ſince the battle of Durham: he ſoon after died, and was ſuc⯑ceeded [27]by James his ſon, a genuine heir to the the valour of his family ⁵. Near Martinmas the Scots gained the caſtle of Berwick, by bribing the deputy governor; and Lancaſter in⯑duced the Engliſh parliament to condemn Northumberland, the warden of the marches, as guilty of criminal neglect, or greater baſeneſs upon this occaſion. But the earl reinſtated himſelf in favour, by giving a ſum to the Scots, for which they conſented to reſtore the fortreſs ⁶.

A ſingular fluctuation, between war and peace, 1385 now pervaded the diſtracted counſels of England and France, alike governed by weak monarchs. In the preceding ſummer the duke of Lancaſter for England, the dukes of Berry and Burgundy for France, cardinal Wardlaw and the biſhop of Dunkeld, chan⯑cellor, for Scotland, had met at Leilinghen, between Calais and Boulogne, and concluded a ſolemn truce; which was after⯑wards ratified by Robert ⁷. 3 Jan. Yet this prevented not a renewal of the war in the courſe of a few months.

Archibald Douglas lord of Galloway, finding that his people were infeſted by the Engliſh garriſon at Lochmaban, beſieged that caſtle, which he took and levelled with the ground ⁸: 4 Feb. but a truce and agreement were nevertheleſs made between him [28]and the Earl of Northumberland, 1385 15 Mar. and confirmed by the Engliſh King ⁹. To preſerve Roxburgh from a ſimilar fate the baron of Grayſtock was ſent as governor with a powerful ſupply: he was intercepted by the Earl of March at Benrig, the convoy ſeized, many of his people ſlain, and he himſelf led captive to the caſtle of Dunbar ¹.

The national council met at Edinburgh, April but its ordinances were chiefly of a military or a private nature. Charge was given that the noblemen, to whoſe government certain diſtricts had been committed during the war, ſhould prepare their forces, and order them not to pillage in advancing to the borders: and that John Earl of Carric who, in the council of laſt November, had taken upon himſelf the adminiſtration of ſome points of juſtice, ſhould proceed to the highlands, and call the chiefs into his preſence to reform the outrages loudly complained of in thoſe regions. The inhabitants of Tividale, now reſtored to the Scotiſh allegiance by Douglas, were ordered to produce their titles ². This parliament was afterwards prorogued to [29]the twelfth of June, when it iſſued ſome regulations concerning the coin ³.

But an event of which there had been no example in Scotiſh hiſtory, and which fortunately was not repeated till the six⯑teenth century, is to arreſt attention by its novelty, and im⯑portance.

The government of France determined if poſſible to deliver that country from the repeated invaſions of the Engliſh, by carrying the war into England from its northern limits, in conjunction with the Scots, and in compliance with the terms of the late treaty. Jehan de Vienne, Admiral of France, a leader of the firſt talents and diſtinction, accordingly failed from Sluys in Flanders with a thouſand men at arms, May knights and eſquires, twelve hundred complete ſuits of armour for Scotiſh gentlemen, and a large ſum of money ⁴. France had [30]intended at the ſame time to attack England on the ſouth with a powerful armament; but this part of the deſign was aban⯑doned, after an enormous expence incurred in the preparations ⁵. Yet her declared intentions, and the vigour and importance of her plans, raiſed ſuch an alarm in England, that all her power and reſources were excited to repell the attack: and the failure of the ſouthern invaſion collected the whole tempeſt upon Scotland, and ſhook that kingdom to the center. Vienne arrived at Leith with his choſen battalion, which, to uſe the phraſe of Froiſſart, formed one flower of chivalry; and they were quartered in the villages around Edinburgh, till the King, then in the country, ſhould arrive at that capital. The French hiſtorian upon this occaſion preſents a deplorable picture of the ſtate of Scotland and its people. The poverty of the country, and the barbariſm of the nation, appear to have been extreme: the ſlighteſt accommodations of life, or even of war, could hardly be procured: every article of iron, or of leather, was imported from Flanders. The French at firſt laughed, and ſaid that they were happy to know by experience the hardſhips of penury, and the dark ſide of a military life; but, as their diſcontent increaſed, Vienne could ſcarcely appeaſe their murmurs. On the other hand the Scots were not leſs diſſatisfied with their gueſts; they defamed and hated their auxiliaries, as ſtrangers of an unknown ſpeech, as the future ſharers of their prey, and as the preſent conſumers of their little property ⁶.

[31]At length the Scotiſh king arrived; the French money was diſtributed among the leading barons ⁷, the armour allotted to proper wearers, and an expedition was determined. An army of about thirty thouſand, mounted on ſmall horſes, aſſembled near Edinburgh, under the command of the Earls of Fife and Douglas; and marched, in conjunction with the French chi⯑valry, towards Roxburgh. Entering the Engliſh territory, they deſtroyed two ſmall forts, aſſaulted and took the caſtle of Wark; and advancing burned ſeveral villages in Northumber⯑land, and ravaged the country from Berwick to Newcaſtle. But their progreſs was ſoon impeded by the tidings that Lan⯑caſter was approaching with a great array; and it was reſolved to ſecure the prey by returning into Scotland. Vienne, diſ⯑ſatisfied with this retreat, prevailed on the Scots to beſiege Roxburgh; but a diſpute ariſing, upon a claim of the French to garriſon and retain the fortreſs when taken, the ſiege was abandoned ⁸. It appears from Fordun, that the French and Scots made ſome other predatory incurſions into England ⁹.

Meanwhile Richard II had made great preparations, and ſummoned almoſt the whole force of his kingdom; and finding that the commotions in Flanders had fruſtrated the ſouthern [32]invaſion of the French, 1385 Aug. he determined to exert all his power againſt Scotland. If we credit an Engliſh hiſtorian his army was numerous beyong precedent; and more than three hundred thouſand horſes were employed in various ſervices ¹. The youthful monarch choſe this as his firſt expedition, and ſolemn entry into the field of military fame; and was attended by his uncles, and by the chief nobles of England. The deſtruction of the abbey of Melroſe, long reſpected by the religious awe of the Engliſh, to whom it had afforded early ſaints and teachers, was the firſt warlike act of Richard II, the diſgrace of his arms and the omen of his mental weakneſs. Dryburgh, and newbottel, two venerable monaſteries, and Edinburgh with her churches, were ſucceſſively given to the flames. The Scots, unable openly to contend with an enemy ſo ſuperior in numbers, prudently followed the advice aſcribed to Robert the Great, by withdrawing their cattle and effects into foreſts, and wilds; and harraſſing their foes by unceaſing ambuſcades and excurſions. The green crops were alone left; and the harveſt was trampled and deſtroyed. After remaining five days at Edinburgh, the Engliſh marched to Stirling, which, with an abbey adjacent, was burnt to the ground. One hundred and twenty veſſels carried proviſions for the army, which ſtill ad⯑vancing deſtroyed Perth and Dundee, and many abbies and monaſteries: and the couriers and vanguard even proceeded as far as Aberdeen, according to Froiſſart; but, from the old Engliſh and Scotiſh accounts, it rather appears that the Engliſh expedition only extended to the river Forth ².

To divert the fury of this ſtorm, the Scotiſh army and French auxiliaries entered England by the weſtern marches, [33]ravaged Cumverland, and beſieged Carliſle. This invaſion concurred with the failure of proviſions to induce the Engliſh king to withdraw his vaſt army; which accordingly returned towards England by the eaſtern tract; and diſunited councils prevented an encounter with the Scots, who alſo retired to their own country by the weſtern boundaries ³. Such was the iſſue of a conteſt, which had excited ſo great expectation; and which, as uſual, far from being advantageous to either king⯑dom, ended with the laſting detriment of both. At the cloſe of the campaign, the French auxiliaries, exhauſted with fatigue and hard fare, could not even procure leave to ſail for Flanders, till they conſented to pay the expence of their maintenance; and Vienne was forced to remain as an hoſtage till the ſum was paid at Bruges, to Scotiſh factors, by order of the French government ⁴. This treatment was doubtleſs ungenerous, and [34]the avarice was diſgraceful to the king and the nobles: but one happy effect followed, for it was long before any more of thoſe troubleſome and inſolent inmates infeſted Scotland.

After a doubtful truce of nearly one year, 1387 the war continued it's progreſs. William Douglas, whoſe graceful perſon and warlike fame had procured him the hand of the king's daughter Egidia, and the title of lord Nithſdale, reſolved to open a long neglected field of action, by invading Ireland. Attended only by five hundred men he failed to Carlingford, and aſſaulted the town, whoſe inhabitants being no ſtrangers to his military reputation, reſolved to oppoſe guile to force, and begged a reſpite till they could collect a ſum ſufficient to ranſom the place. The Scotiſh leader, whoſe honeſt courage ſuſpected no fraud, conſented; and was occupied in repleniſhing his ſhips with proviſions, while the people of Carlingford ſent to Dundalk, and procured an aid of eight hundred horſe, which joined their own array and advanced againſt the enemy. Nithſdale had only two hundred of his followers on ſhore, from the want of proper boats for landing, and even theſe few were divided, a party having been ſent to ravage the country. The Engliſh reſolved to attack both parties, but the greater number advanced againſt Nithſdale; after an obſtinate conteſt the Scots obtained the victory; and they immediately took, ravaged, and burned the town of Carlingford, deſpoiled the caſtle, and loaded fifteen Iriſh ſhips, then in the harbour, with their prey. On their return the iſle of Man preſented another object of depre⯑dation: [35]and Nithſdale with his followers arrived ſafe at Loch Ryan in Galloway, with no ſmall wealth and honour ⁵.

The weak, 1388 and impolitic, conduct of Richard II diſtracted the Engliſh councils, and diſcontent pervaded the nation, when the Scots thought the time convenient to retort the ravages of war, which that monarch had carried into their country. An aſſembly of the Scotiſh nobles met at Aberdeen, and agreed to appear with their reſpective vaſſals in arms at jedburgh, for an expedition into England ⁶. Age had ſo much impaired the faculties of Robert II that his conſent was not expected, nor regarded ⁷; and the feebleneſs of John Earl of Carric the heir apparent, both in body and mind, ſeemed to increaſe with his years; ſo that Robert Earl of Fife, ſecond ſon of the king, was reſpected by the nobles, and nation, as the main ſupport of the monarchy, and the only active inſtrument of its influ⯑ence. When the army therefore aſſembled at Jedburgh, he appeared as commander in chief: and to as complete, and firm, battalions as Scotland had ever ſent forth, was added the terror of the name of Douglas. About twelve hundred lances, and forty thouſand rude infantry, compoſed an army, rendered ſtill more formidable by the reputation and experience of ſome of its leaders. Theſe infantry were chiefly accoutred with battle axes; for the Scots were unhappily little ſkilled in the bow, that perpetual inſtrument of Engliſh triumph ⁸.

Unintereſting is the narration of important actions, if not accompanied by thoſe circumſtances which recommend them [36]to the imagination, and render the reader as it were a preſent ſpectator: and one of the chief utilities of hiſtory ariſes from the view of characters and of manners. Upon ſelect occaſions therefore it is not improper to deſcend to the particularity of memoirs, and to compenſate pages of annals by now and then painting a momentous, or even a ſingular, event in all the colours of detail. Without further apology Froiſſart's account of this expedition, crowned by the celebrated battle of Otter⯑burn, ſhall be followed; and only with one cauſe of regret, that it is the laſt aid to be derived from that remakable writer, the worthy and honeſt herald of the times of chivalry ⁹.

The Northumbrians, having learned that a Scotiſh army was collecting, reſolved to prepare; and, if the Scots entered England by the weſtern, to repay the invaſion by the eaſtern marches. An Engliſh gentleman went to eſpy the intentions of the enemy, who had advanced to the chapel of Salom, a noted ſtation near the borders: and entering the chapel in the diſguiſe of a ſervant ſaw the Scotiſh nobles aſſembled, and heard much of their deſigns. When he withdrew he expected to have found his horſe tied to a tree, as he had left him, but he was ſtolen; and the gentleman's fear, or negligence of art, in walking away without any enquiry, led to ſuſpicion. He was ſeized, and confeſſed that the Northumbrians, unable to encounter the inimical numbers, had determined on whatever ſide England was invaded, to aſſail Scotland on the oppoſite. This induced the Scotiſh leaders to reſtrain the main army to the protection of their own country, and to order only a ſtrong detachment, under the tried heroiſm of the Earl of Douglas, to advance into England. At the head of three hundred men [37]at arms, and of two thouſand choſen infantry, Douglas pro⯑ceeded, without pillaging the country or attacking any place; paſſed the Tine three miles above Newcaſtle; and, with the ſuddenneſs and deſtruction of lightning, darted on the county of Durham. When the diſtant flames, and ſmoke, of burning villages had given the firſt tidings of the Scotiſh arrival, the Earl of Northumberland, then at Alnwick, ſent his two ſons, Henry and Ralph, to Newcaſtle, to aſſemble a force in purſuit of the enemy, while he ſhould gather another on the north, and preclude their retreat. All the country being pillaged to the gates of York ¹, and the unfortified towns and villages deſtroyed, Douglas returned with the ſpoil, repaſſed the Tine at the ſame place; and came before newcaſtle, whither the cheif people of the neighbouring counties had crouded, to gain the protection of a walled city, and of the two gallant Percies, Henry ſurnamed Hotſpur, and Ralph, his brother in birth and arms. Many ſkirmiſhes enſuing, at one of them Douglas won the pennon of Henry Percy, to the great mortification of that undaunted leader and of his followers: and to add to the diſ⯑grace Douglas vaounted, "This I ſhall carry as a ſign of thy proweſs to Scotland, and ſhall place it on the pinnacle of my caſtle to be known by all." Percy retorted with an oath, "Thou ſhalt never bear it out of northumberland; and in the end ſhalt have little cauſe to boaſt:" to which Douglas replied, "Then thou muſt come this night, and take it from before my tent." Next morning the Scots purſued their march; and, aſſailing a caſtle without ſucceſs, wiſhed to proceed, but Douglas commanded them to encamp, in order to ſee if Percy would advance to recover his pennon, and that, being refreſhed, [38]they ſhould again attack the fortreſs in the morning. They accordingly fortified their ſtation with felled trees, to prevent a ſurprize; and next day captured the caſtle, and purſued their journey towards the main army, till they came to Otterburn, a hamlet amid the wilds of the pariſh of Elſdon, about thirty miles northweſt of Newcaſtle, and about twenty from the Scotiſh borders, which was to be a ſcene of celebrity to the bard and to the hiſtorian.

Meanwhile Percy wiſhed to purſue the Scotiſh detachment, but was reſtrained by the tidings that the main army was near, and ready to ſupport Douglas; till the couriers brought certain intelligence that they were far diſtant, and incapable of effecting a junction for ſome days. Percy, with his uſual impetuoſity, inſtantly cried, "To horſe!" it being early in the morning; and left Newcaſtle attended by ſix hundred lances, or knights and ſquires, and eight thouſand infantry accoutred with the dreadful long-bows of England. After a forced march, they reached the Scotiſh camp at Otterburn late in the evening. The Scots had ſupped, ſome had even retired to reſt fatigued with various exertion; and the Engliſh began to enter the outer entrenchment, where the ſervants were ſtationed, ſhouting "Percy! Percy!" but they found it well fortified. Some infantry was ordered to ſupport the ſervants, by the Scotiſh chiefs, who in the mean time armed in haſte, and arrayed their men under their banners. Night was now advanced; but the moon ſhone clear in a ſerene ſky of the month of Auguſt. 19 Aug.

The Scots, armed, and arranged, proceeded, not towards the aſſailants, but around an eminence; and attacking the enemy in the rear raiſed all at once the cry of battle, upon which the Engliſh in ſurprize turned, ſtrengthened their ranks, and re⯑founded "Percy!" in anſwer to the Scotiſh acclaim of "Douglas." After a ſevere conteſt the Scots were on the [39]point of yielding to numbers, when the Earl of Douglas, ardently puſhed forward his banner; and both the Percies advanced againſt him, with equal impetuoſity, ſo that the Scots recoiled, and, had not the valour of the two Hepburns oppoſed, the banner of Douglas had been taken. Douglas, irritated by the apprehenſion of diſgrace, rouzed all his ſtrength and courage; and, brandiſhing a two-handed battle-ax, opened the thick files of the foe, as with a long avenue, deſpiſing numerous blows, and committing his life to the temper of his armour. He had advanced far from his battalions, when he fell under three mortal wounds. But ignorance of his fate forbad the Engliſh to triumph, and the Scots to deſpair. The former only ſaw that ſome valiant man at arms had fallen: and the latter were inſpirited by the Earls of March and Moray to follow a tract, which they knew not had conducted their leader to death. Fortune now began to favour the Scots. Ralph Percy, advancing too far in return, was ſeverly wounded, and taken priſoner by Maxwell, a knight who followed Moray: and the Engliſh, exhauſted with a fatiguing march and an obſtinate conteſt, bagan to exhibit ſymptoms of depreſſion and defeat.

Douglas, faint with the loſs of blood, and ſenſible of the approaches of death, was defended by his valiant chaplain, William of Northberwick. His banner lay on the ground, not far from him, the bearer being ſlain, when Lindſay, Sinclair, and ſome other knights, pierced through the now yielding foe, and reached the ſpot, and beſpoke their general. Even trifles in ſuch a converſation are intereſting. "Couſin, how goes it?" ſaid Sinclair. Douglas anſwered "But ſo, ſo. Praiſed be God few of my anceſtors have died in chambers or beds—Avenge me, for I die—My heart faints too repeatedly. Raiſe again my banner, and ſhout Douglas! But tell neither [40]friend nor foe how it fares with me, for my enemies would exult, and my friends be diſconſolate." The banner was erected; the whole field reſound with the animating cry of Douglas! and the Scots, excited as with the voice of victory, inſtantly formed one phalanx, and with levelled ſpears puſhed the enemy to flight.

Henry Percy was taken priſoner by Montgomery: and the defeat was complete. Radman, the governor of Berwick, was almoſt the only Engliſhman of note who eſcaped: and the Scots purſued the chaſe for five miles. The number of the Engliſh ſlain is computed at twelve hundred. Such was the battle at Otterburn, which Froiſſart repreſents as the moſt eminent fought in his time, for heroic bravery on both ſides, and the real ſpirit of war. He alſo highly applauds the courteſy ſhewn by the Scots to their priſoners; and obſerves that both nations were not leſs laudable for their benevolence after a battle, than for their courage during its rage ².

Douglas was carried to his tent, where he ſoon expired: but, though diſpirited at the loſs of their leader, the Scots determined to maintain their ſtrong ſtation againſt the freſh Engliſh army which approached. For the biſhop of Durham had reached Newcaſtle, the night of the battle, with ſeven thouſand men, two thouſand of whom were cavalry: but a conjunction was prevented by Percy's impetuoſity. Advancing next morning he was met by the fugitives from Otterburn, whoſe tidings raiſed ſuch diſmay, that all his followers fled back to Newcaſtle, except five hundred, with whom the biſhop was at laſt alſo conſtrained to regain that city. Here he found means to inſpirit his followers, and the inhabitants; ſo that he marched next morning in queſt of the Scots attended by ten [41]thouſand. The Scotiſh ſcouts, the day after, notifying his approach, their chiefs determined not to leave their camp, as they had many wounded and priſoners to attend: and, when the biſhop came within a mile's diſtance, they began all at once to ſound their horns in a loud diſcordance of warlike muſic. After a pauſe, the ſame horrible din of defiance was repeated; and the biſhop arranging his hoſt, and advancing within two bow-ſhots, was again ſaluted with the thundering noiſe. Ob⯑ſerving the ſtrength of the rude fortification, and that its poſ⯑ſeſſors were too prudent to deſert its advantages, the Engliſh, after a brief council, retreated: and the Scots having refreſhed themſelves prepared to march. Ralph Percy requeſting per⯑miſſion to go to Newcaſtle, to have his wounds attended, the Earl of Moray conſented, and ordered him to be conveyed in a litter. The Scotiſh march, inſtead of triumphant ſeemed funereal, and the joy of ſucceſs was tempered with tears; for the body of Douglas, incloſed in a coffin, and borne on a car, formed the chief object in the progreſs ³.

The main army, under the Earl of Fife, who appears to have had but mean talents for war, was now lying near Carliſle; and not a little envied the ſucceſsful detachment; for the vic⯑tory, and the gain by ranſoms, were eſteemed the moſt re⯑markable which had occurred ſince the day of Bannockburn ⁴.

An aſſembly of the three eſtates being ſummoned to Edin⯑burgh, 1389 ſolemnly recognized Robert Earl of Fife governor of [42]the kingdom; an elevation for which he was apparently as much indebted to his own intrigues, as to the age of the king, and the weakneſs of the ſucceſſor ⁵. The latter ſeems, from the parliamentary acts of this reign, to have formerly ſtood in that high capacity: and the king commonly ſhunned the pomp, and, it is ſuſpected, the duties of royalty, by reſiding on his parental eſtate, and example followed by his ſucceſſor, though impolitic in an eminent degree. Preferring the remote man⯑ſions of the Stuarts to the centrical and accuſtomed reſidences of the Scotiſh ſovereigns, they ſeemed to forget their rank, their office, their people; and removed form the ſcene of action, from the vital heart of the kingdom, the monarch could only be ſeen by the nation in a dangerous repreſentative. Aſſemblies of the ſtates ſeem to have been ſeldom held, an ariſtocratic council decided upon peace and war, and upon the beſt intereſts of the people; but this fault was common to England and moſt European kingdoms at this period; while the appointment of the ſecond ſon, as governor of the ſtate, to the prejudice of the heir apparent, may be regarded as a new and dangerous precedent, declarative of great weakneſs upon the one part, and upon the other of baneful ambition.

The new Regent, deſirous to ſignalize the commencement of his power, aſſembled an army on the borders againſt the Earl of Nottingham, Marſhal of England, lately appointed Warden of the eaſtern marches; and who, in the uſual con⯑comitance of pride and weakneſs, had reproached the Percies for the loſs at Otterburn, where their army was far more numerous than that of the Scots; and boaſted that he hoped to vanquiſh, even if oppoſed by number doubling his own. But when Fife accompanied by Archibald, the ſucceeding Earl. [43]of Douglas, and by other nobles, poured his array into England, the Earl Marſhal reſtrained his men in a ſecure and inacceſſible ſtation; and to a challenge of the Regent, inviting him to deſcend and fulfil his threats, he replied that "he had no orders to expoſe the lieges of his ſovereign to any danger." This anſwer was received with peals of laughter; and the Scotiſh army, after ſtanding in defiance half the day with banners diſplayed, ravaged the adjacent country, and returned ⁶.

A reſpite was at length given to the war, June by a truce formed between France and England for three years, in which their allies were included ⁷. Thoſe of France were the kings of the Romans, Scotland, Arragon, Navarre; the Scotiſh Earl of March, the iſle of Man, the Ducheſs of Brabant, the Republic of Genoa. And the allies of England were the king of the Romans, with thoſe of Portugal and Arragon, the Earl of Saliſbury, the lordſhip of Man, the Duke of Gelder, John Lord of the Iſles of Scotland, and the Republic of Genoa. An embaſſy being ſent from England, to notify the truce, and deſire the conſent of Scotland, the envoys were by the Governor remitted to the king, who agreed as from deference to France. The Earls of Saliſbury and March appear to have been named in this truce, in conſequence of their claims to the iſle of Man, and ſome debateable lands upon the borders. The Lords of the Iſles were really inde⯑pendent of Scotland, and by their fleets maintained their power in the iſles, and over the weſtern highlands, while the Scotiſh kings had no fleet to oppoſe them, and could not attack mountainous regions inacceſſible to armies. The brief ard confined conqueſts of Alexander III and Robert I, had not [44]overcome the old Norwegian ſpirit; and the Hebudes muſt be regarded with truth as an independent principality, till the ſixteenth century: had the lords been told of their occaſional ſubmiſſion to Scotland, they would have retorted by inſtances of the like neceſſity forced upon that country be England. But the circumſtance, which eſpecially induced the mention of theſe princes in the truce, was a treaty concluded between Richard II, and the Lord of the Iſles, in the preceding year ⁸.

This ſhort pacification was the laſt important act of Robert II, who died at his caſtle of Dundonald in Kyle, 1390 19 Apr. a few miles ſouth of Irwin, after a ſhort illneſs, in the ſeventy fifth year of his age ⁹; having completed nineteen years of a reign, mingled with various fortune, but upon the whole neither unſucceſſful, nor inglorious.

BOOK II. CONTAINING THE REIGN OF ROBERT III.

Character of Robert III—diſorders in the highlands—truce with England—feuds—title of Duke—war with Henry IV—ex⯑pedition of that king—Rothſay's character and marriage— defection of March—incurſions—parliament—murder of Roth⯑ſay —incurſions—battle of Homildon—cruelty of Henry Percy —murder of Drummond—ſiege of Coklaws—Captivity of prince fames—Northumberland's rebellion—death of the king.

JOHN, the eldeſt ſon of the deceaſed monarch, aſcended the throne; 1390 and his name being reputed inauſpicious to royalty, he aſſumed that of Robert, recommended by the virtues and the glory of Robert I, and by the acceſſion of the Houſe of Stuart under the preceding ſovereign ¹. Power depending wholly upon opinion, princes are often forced to ſacrifice even to the ſuperſtitions of the vulgar. Robert III had apparently exceeded his fiftieth year, when he began to reign, and had been wedded at leaſt thirty three years to Annabella Drummond, daughter of Sir John Drummond of Stobhall; by whom he had, however, no children till the [46]year 1378, when David, afterwards Duke of Rothſay, was born; and James his other ſon did not appear till the fifth year of his father's reign, being the firſt royal birth in the family. Three daughters, to be married to the Earl of Douglas, the Earl of Angus, and Lord Dalkeith; and two natural ſons, completed the progeny of Robert III ².

Though this monarch had been lamed by an unfortunate accident, yet his perſon was tall and graceful: his florid coun⯑tenance, and vivacious eyes, joined with the ſnowy whiteneſs of his beard, rendered him an object at once pleaſing and majeſtic. But his indolent meekneſs, his piety, his ſaint-like humility, are fitter themes of praiſe to the monk than to the philoſopher, who knows that the virtues of a king are the virtues of ability, and of action; and that the moſt acceptable ſervice to the Deity conſiſts in the ſervice of mankind. The lenity of Robert III may be vindicated from the yet new eleva⯑tion of a family, accuſtomed to regard the nobles as equals and brothers; but it unhappily tended to increaſe the power of the ariſtocracy, and add to the conſequent ſtock of public calamity. Yet the years of his reign were fertile, and the people were contented: though in the continuous ſtruggles with England for political freedom, it is no wonder that in⯑ternal liberty made no progreſs; and that the Scots remembered that they were ſoldiers, but forgot that they were men ³.

Before the coronation of the new ſovereign had taken place, an event occurred, ominous and diſgraceful to his reign. His [47]brother, the Earl of Buchan, freed from parental controul, 17 June and knowing that the ſceptre had fallen into a weak hand, collected his highlanders, and burned the cathedral of Elgin, eſteemed one of the chief ornaments of the country, in revenge of ſome quarrel with the biſhop of Moray. It appears not that he was even queſtioned for a fact, which united barbarity with profanation; while, had he received the higheſt puniſh⯑ment, a more uſeful or ſtriking example could not have been inſtituted, to curb a turbulent nobility, and teach them obedi⯑ence to laws, and to the ſovereign the guardian of laws ⁴.

The ceremonies of the funeral of Robert II, and the inſtall⯑ment of his ſucceſſor, being celebrated at Scone, 13 and 14 Aug. the king's firſt attention was directed to the confirmation of the truce [48]with England, and the renewal of the league with France ⁵. The Earl of Fife managed the public affairs ⁶,which continued for the firſt eight years of this reign in a ſtate of external peace, but were ſomewhat diſturbed at home by inroads of the highlanders, diſtinguiſhed by French and domeſtic writers, from early times to the preſent century, as the ſavages of Scotland.

One of their incurſions into Angus has been eſteemed worthy of hiſtorical preſervation. 1392 According to Bowar, the continuator of Fordun, it was conducted by Duncan Stuart, a natural ſon of the Earl of Buchan; but Winton's account bears, by three highland chieftains, Thomas, Patrick, and Gibbon, ſons of one Duncan. Sir David Lindſay of Gleneſk, hearing that an inroad was intended, ſent a ſpy to diſcover the circumſtances of the deſign; but he never returned; and the highlanders, [49]exceeding three hundred in number, ruſhed into the plains. Sir Walter Ogilvy, Sheriff of Angus, and Sir Patrick Gray, collected their followers, and marched againſt the plunderers, whom they found at Glaſclune in Stormont; and a conflict began, during which the Sheriff was joined by Sir David Lindſay. The highland ferocity prevailed; and the Sheriff, with his half-brother Walter Lichton, and ſixty of his people, were ſlain; and Lindſay and Gray wounded ⁷. That any chaſtiſement was inflicted on the marauders does not appear from the original account; but it would have been happy if Robert III had poſſeſſed ſufficient benevolence and ability to impart ſome degree of civilization to this unhappy part of his ſubjects, and to have fulfilled the nobleſt duties of royalty by the propagation of law, peace, and induſtry.

The inſanity of Charles VI of France, which appeared this ſummer, and the conſequent diſtracted ſtate of affairs in that kingdom, conſpired with the Engliſh diſcontents, under the maladminiſtration of Richard II, to render a prolongation of the truce of Leilinghen expedient; and it was accordingly extended at different times to Michaelmas 1394, 16 Aug. and afterwards to the ſame term in 1398 ⁸. This conſtant repetition of truces between England and Scotland, unknown to any other hiſtory, is tedious and unpleaſing in every view. One is led to imagine that the ſyſtem of Hobbes is founded in truth, and that war is the natural ſtate of man. But peculiar circumſtances contri⯑buted to this inveterate and lengthened enmity. The conduct of Edward I, when choſen the friendly arbiter of the diſputes concerning the Scotiſh ſucceſſion, was unkingly and ungenerous beyond example; and deſtroyed the moſt ſacred rules of ſociety, and every bond of mutual confidence, and of public faith. It [50]is no wonder then that the Scotiſh nation had converted all their antient regard for the Engliſh into a rooted enmity; and that the ſituation of the two nations confined on one iſland occaſioned continuous war. The ambition of ſovereigns, that chief ſcourge of mankind, and ſpring of ſlaughter, led the Engliſh kings to maintain the lofty pretenſions of Edward I, and untaught by experience to hope the vain conqueſt of Scotland; nor could they abandon their claims leſt juſtice ſhould be interpreted want of power, and the higheſt wiſdom accounted imbecility. Such evils could ariſe from the ambition of one man! The inadmiſſion, or dubious grant, of the title of the Scotiſh ſovereigns, was an inſult to them, and to the nation; which, with the unjuſt pretenſions on the one ſide, and jealouſy and revenge on the other, precluded all hopes of ſolid and laſting peace. When we find Henry VIII, in 1542, repeating the extravagant claims of the firſt Edward, almoſt in his own words, we muſt exult in thoſe happy events which terminated a diſcord that threatened to be perpetual ⁹.

Our hiſtorians, barren in the important provinces of internal government, national freedom or ſlavery, laws, and manners, and arts, have condeſcended to preſerve two incidents of little importance, but to ſhew the barbarous ſpirit of the times.

[51]A feud ariſing between Lindſay of Crawford and Robert Keith, 1395 alſo a man of wealth and diſtinction, the latter laid ſiege to the caſtle of Fyvie in Buchan, inhabited by his own aunt the wife of Lindſay. Gathering between three or four hundred of his friends and followers, Lindſay paſſed the Gram⯑pian hills, called the Mounth or Mound by our old writers, and was met by Keith at Bourtie church, in the Garioch, Aber⯑deenſhire. In the conflict Keith was diſcomfited, with the loſs of about fifty men ¹.

The north of Scotland being diſturbed by continual feuds, 1396 between the two highland factions of Clan Kay, commanded by one Shee-beg and his relations, and Clan Quhele under a Chriſtie Jonſon ², which could be appeaſed by no authority nor art of the king, or Fife the governor, it was at laſt adjuſted by the Earl of Moray and Lindſay of Crawford, that the diſ⯑pute ſhould be terminated by thirty men, appointed upon either ſide to fight in the royal preſence at Perth. Having met on the day named before the king, governor, many nobles and a great multitude, eager to ſee this novelty, one of the Clan Kay felt his heart fail, and eſcaped by ſwimming acroſs the Tay, upon which a clown who was preſent offered to ſupply his place for half a mark. A fierce battle enſued with bows, battle axes, ſwords, and daggers; and ended in the defeat of Clan Kay, who had only the mercenary left alive, while eleven of the opponents keeped the field ³. The highlanders were [52]afterwards more quiet for a few years: but it might be ſaid upon this occaſion that a public ſpectacle had been appointed, to manifeſt to the nation that the government was without power, and the laws without force.

To reſume a more important train of events, 1398 March David Earl of Carric, eldeſt ſon of the king, the Earl of Fife, and other Scotiſh commiſſioners met John Duke of Aquitain and Lan⯑caſter, and others, on the part of England, according to an agreement made in the preceding year, at Haudenſtank on the marches; and the truce was renewed to Michaelmas 1399 ⁴. It is not improbable that the ſuperior title of the Engliſh Duke led to ſome claim of precedence, or reſpect, not reliſhed by the Scotiſh princes, 28 April for in the courſe of this ſummer we find the firſt appearance of the ducal title in Scotland ⁵; and its appropriation affords another proof of the king's weakneſs, and of the governor's inſatiable ambition. The heir apparent of the kingdom was created Duke of Rothſay, a miſerable hamlet in the iſle of Bute, while the whole iſland would not have afforded a territorial title to a baron; and the Earl of Fife had the real ſtyle of heir apparent, in the title of Duke of Albany, or of all Scotland north of the firths of Clyde and Forth. That ſuch a perverſion ſhould have continued to our own times, is only an inſtance of that inattention, and blind imitation, ſo natural to mankind. Theſe titles were conferred in a ſolemn council held at Scone: and prince David, then in his twentieth year, appeared as the leader of a tournament, exhibited at Edinburgh by the queen's command ⁶. Chivalry [53]now reigned in both kingdoms: Morley, 1398 an Engliſh gentle⯑man, came to Scotland to challenge combats, as David Lindſay, created Earl of Crawford, had ſome years before been an actor in the ſplendid tournaments of Richard II ⁷.

A freſh congreſs of commiſſioners was held, October to eſtabliſh further articles of truce; and guarantees were appointed for more effectual ſecurity of the borders, and to act as guardians of the peace, in preventing or chaſtiſing any limitary depre⯑dation ⁸. A difference was compromiſed which had ariſen on the capture of a Scotiſh veſſel, having on board Sir John Ha⯑milton of Cadyou, anceſtor of the Dukes of Hamilton, and other men of rank, by immediate reſtoration, deliverance, and compenſation for the damages ⁹. But the family of Douglas ſeem not to have been pleaſed with the appearances of amity between the kingdoms, which the critical ſituation of Richard II, owing to the revolt of Ireland, had led him to wiſh; for the Earl's ſon, with Sir William Stuart and others, broke down the bridge at Roxburgh, plundered the town, and ravaged the adjacent lands ¹. This expedition may however have been a mere ſally of intemperate courage, for the Earl of Douglas ſoon after conſented, 6 Nov. as warden of the weſtern marches, to obſerve the truce, and gave ſecurities for that purpoſe ². The Engliſh king, intent upon his Iriſh expedition, was now anxious to eſtabliſh a real and laſting peace with Scotland, and inſtructed his ambaſſadors to uſe every endea⯑vour for this end, or at any rate to procure a long truce. The Dukes of Lancaſter and Rothſay again met; but only confirmed the truce formerly eſtabliſhed, to laſt till Michael⯑mas [54]1399 ³. Lancaſter had long been Lord Lieutenant of the Engliſh marches, and being of courſe the chief inſtrument in the negociations, it is not matter of ſurprize that they did not ſucceed, when we conſider the differences between him and Richard. Feb. 1399 Upon his death in the enſuing year, his ſon, irritated by the injuſtice of his ſovereign, returned from his ſhort baniſhment, Sept. 30 dethroned Richard II; and is known by the name of Henry IV, as the ſucceſsful uſurper of the Engliſh crown.

While the parliament of England was occupied with the depoſition of one ſovereign, and the appointment of another ⁴, the Scotiſh borderers took and ruined the caſtle of Wark, the governor Sir Thomas Gray then being abſent upon his parlia⯑mentary duty, and ravaged the adjacent country ⁵. Henry IV ſoon after nominated Ralph Neville earl of Weſtmoreland to treat with Scotland; and, in caſe that a peace or truce could not be obtained, to offer an agreement that the towns of Dumfries in Scotland, and Penrith in England, ſhould be declared free from any hoſtility ⁶. This and another com⯑miſſion, granted in the of the year, were alike ineffectual.

[55]The malady of the monarch, 1399 and the diſturbed condition of France, prevented any exertion againſt the new Engliſh king, though that power did not behold with indifference her ally Richard II hurled from the throne, and the intruſion of a prudent and ſpirited uſurper. She excited Scotland to re⯑venge her quarrel by vexatious inroads: 1400 and early in the year Henry ſummoned his council, to conſider the moſt effectual means of retorting vengeance ⁷. Unhappily theſe means were ſoon ſupplied by Scotland itſelf, in the weakneſs of its government, and its inteſtine diviſions. The Lord of the Iſles was acknowledged, as uſual, the ally of England; and he viſited that kingdom with his brother John, and a retinue of a hundred horſe ⁸. Political knowledge muſt have been very confined in a country which permitted this conſtant morti⯑fication; for if the neceſſary naval force could not be procured to conſtrain, yet art and induſtry might have invited allegiance. The Earl of March, enraged by a violent affront from the Scotiſh government, the circumſtances of which will appear with more connexion and advantage in a ſucceeding part of the narration, was preparing to throw himſelf into the arms of England, a country to which ſituation, and intereſt, had always too much attached his family ⁹.

[56]Some Scotiſh ſhips, under the command of Sir Robert Logan, were taken by the Engliſh. This admiral had boaſted that he would deſtroy the Engliſh fleets, and eſpecially that employed in fiſhing near Aberdeen: but the event was other⯑wiſe: and the Engliſh ſhips ravaged ſome of the Orkneys, then held of the crown of Norway by a Scotiſh earl ¹. It is ſurprizing that a country ſo well adapted for maritim power as Scotland, ſhould have neglected that ſtrong engine of de⯑fenſive or offenſive war, a powerful navy, while the kings of Denmark and Sweden, whoſe reſources were little ſuperior, had numerous fleets.

Henry IV at length determined, by the moſt vigorous mea⯑ſures, to render the commencement of his reign illuſtrious, in the eye of his ſubjects, and dreadful to his foes. He reſolved upon a perſonal invaſion of Scotland, being the laſt to be per⯑formed by an Engliſh monarch. It is aſſerted that his chief irritation to this project aroſe from ſome intercepted letters, from the Scotiſh governor the duke of Albany to France, in which Henry was branded with the appellation of a preeminent traitor; and an inſult muſt wound deeply, when ſharpened by malice and truth ². The prudence of Henry had ſufficiently weighed the ſituations of Scotland and of France, before he ventured to try his new power in this expedition. 9 June He ſum⯑moned the whole military force of England to meet him at York: 18 June and, to ſave appearances with France, he ordered protection to her ſhips, and to thoſe of all countries, except Scotland ³. 25 July Arriving at Newcaſtle, he admitted March to his homage and fealty, and granted a penſion to his wife and heirs ⁴. The proud uſurper then fulminated a letter to the [57]Scotiſh king, and another to the prelates and nobles, com⯑manding them to meet him at Edinburgh, by the twenty third day of Auguſt, to pay homage to their lord paramount. In theſe letters the whole fabulous claim of the firſt Edward is revived, and deducted with great faith from old Locrinus ⁵. A pitiful ballad, which has reached our times, ſeems to have been the only, and proper, anſwer of the Scots to this de⯑mand ⁶. Revenge for the inſult which he had received from the Scotiſh government muſt have incited Henry to ſuch an arrogant manifeſto; for his prudence is too firmly eſtabliſhed, to permit a belief that he entertained views of effectually ſubduing Scotland.

The Engliſh army entered that kingdom, 14 Aug. while a powerful fleet coaſted along with proviſions ⁷. After celebrating the Aſcenſion of the Virgin at Hadington, Henry marched to Leith, where he remained three days, and made repeated aſſaults on the caſtle of Edinburgh, which was bravely defended by the Duke of Rothſay, attended by the Earl of Douglas, and many noblemen and gentlemen of the ſouthern part of Scotland. Mean time the Duke of Albany had collected a copious army, and advanced to Caldermoor in Eaſt Lothian. A ſingular intercourſe took place between the Engliſh king, and the Dukes of Rothſay, and Albany. Rothſay ſent a meſſage to the invader, that his pretenſions to the Scotiſh crown might occaſion the effuſion of much chriſtian blood, which to prevent, he was willing to ſettle the diſpute by a [58]combat of one, two, or three nobles, againſt an equal number of the Engliſh. Henry parried this amiable ſally of youthful vivacity by a piece of wit; anſwering, that he was ſurprized that Rothſay, who ſhewed ſuch averſion to ſhed chriſtian blood, ſhould propoſe a combat of the nobles, whoſe blood was certainly chriſtian. Albany, on his ſide, ſent a letter promiſing that, if Henry would keep his ſtation for ſix days, he ſhould give him battle, and either die in the field, or force him to raiſe the ſiege. The Engliſh monarch, with his uſual ſpirit, gave his royal word that he ſhould await the term mentioned; and to teſtify his pleaſure at the tidings he pre⯑ſented to the herald his upper garment, and a chain of gold. Albany however did not fulfil his rhodomontade; but keeped aloof, and left his nephew in imminent danger of death, or captivity ⁸.

Henry's lenity and moderation, during the whole of this expedition, were remarkable, and ſufficiently contraſt his character with that of Richard II; whoſe outrage proclaims his weakneſs; while this invaſion ſhewed that cruelty and deſtruction are ſeldom the companions of courage and wiſdom. To the towns, villages, monaſteries, and even fortreſſes, which ſubmitted, he inſtantly ſent a banner, painted with his arms, to be diſplayed as the fixed ſignal that none of his army ſhould approach them. And when two Canons of Holyroodhouſe came into his preſence at Leith, to requeſt the preſervation of their monaſtery, he anſwered with great affability, "Far be from my arms the diſgrace of moleſting any holy church, and eſpe⯑cially your's, in which my father, the duke of Lancaſter, found a refuge. I am myſelf half a Scotiſhman, being a Comyn by [59]maternal deſcent; and I call God to witneſs that nothing but groſs provocation could have brought me here as a foe. But there are in your government people who write letters in a ſingular ſtyle: and my intention is little to injure the country, but to ſee if the writer dare to maintain his words, by meeting in battle him whom he terms a traitor." Finding that Albany declined an engagement, and not thinking the caſtle of Edin⯑burgh an object worthy of longer delay, or deſpairing of taking that fortreſs; perhaps even unwilling to expoſe to the chance of deſtruction a place which had afforded an aſylum to his father; Henry raiſed the ſiege, and withdrew his army into England ⁹. It is not improbable, at the ſame time, that a failure of proviſion, and the rumoured inſurrection of Owen Glendour in Wales, afforded ſtrong arguments for this retreat.

But if it be difficult to account for the motives of Henry, what are we to think of thoſe of Albany upon this occaſion? At the head of a numerous army, he was the idle ſpectator of a triumphant enemy in the heart of his country; and beheld with indifference the danger of the heir apparent, whoſe ranſom muſt have coſt the nation an immenſe ſum. The prudence of declining a battle with the force of England, conducted by the monarch, ſeems to have been fully eſtabliſhed in Scotiſh politics, by the latter maxims of Robert I: and the modern axiom, that battles are the iſſue of ignorance, and that a weak general fights when he knows not what to do, was apparently not unknown in former times. So much may be offered in Albany's vindication. But the character of this man will ſoon develope all its blackneſs; and the conſiſtency of wicked am⯑bition muſt force us to infer that, to ſuch a mind, baſe motives [60]muſt be the moſt effectual. Our ancient accounts aſcribe Albany's conduct to a previous enmity with Rothſay ¹; and it is probable that this gallant youth, conſcious of his birth and expected royalty, ſaw with impatience his father, his king, his country, under ſuch mean controul. Apparently a coward, certainly unknown in war, Albany might from baſeneſs decline the combat with a bold and capable monarch; and from yet greater baſeneſs might have exulted to ſee, in the capture or death of Rothſay, the ſecurity, the prolongation, of his re⯑gency.

Some events, which preceded the Engliſh invaſion, have been reſerved to this place, in order to preſent a clear and connected account of internal tranſactions in Scotland, in⯑tereſting and important in an eminent degree. The King's infirmities increaſed with his age, and the Duke of Albany muſt be regarded as the chief agent, in affairs, which, from the monarch's reſidence on diſtant parental eſtates, ſometimes hardly reached the royal ear, except by the voice of the nation. It is to be regreted that the meagreneſs of our annals ſeldom permits a near acquaintance with hiſtorical characters, till the reign of the firſt James. Suſpended in the darkneſs of igno⯑rance, and the diſtance of time, the portraits rarely appear diſtinct, except when enlightened by the ſplendor of the diadem. Hence ariſes a barrenneſs in an intereſting province of hiſtory, the varied and ſtrong delineation of character, ſo neceſſary to form juſt and complete ideas of important events.

The Duke of Rothſay had now attained his twenty ſecond year; and his mental features nearly reſemble thoſe of the prince of Wales his contemporary. That warm efferveſcence of vigorous youth, which tamed by reaſon, experience, and [61]time, affords mature materials of a firm and ſpirited character, had led him into ſome exceſſes, eſpecially of the amorous kind, which afforded pretexts of conſtraint from his uncle the go⯑vernor, and of reproof from his royal parents. A fondneſs for riotous paſtime and arch roguery were alſo laid to the prince's charge; who, to candid eyes, ſufficiently compenſated theſe youthful and trivial defects by his good qualities. Endued with a comely perſon, an honeſt heart, an able head, a moſt ſweet and affable temper, and even deeply tinctured with learning for that century, his virtues, and not his vices, at⯑tracted the regent's enmity ².

Robert III only knew his own ſon from the malicious reports of Albany; but the queen Annablella, formerly famed for beauty, and ſtill for ſenſe, ſpirit, and generoſity, was not the dupe of ſuch practices, and appears to have ſuggeſted the marriage of the prince, as a proper and uſual expedient to overcome his wildneſs, by the ſweetneſs of lawful love, and domeſtic ties. This project muſt have alarmed Albany, and he employed every reſource of little cunning to defeat it, while he did not dare a public oppoſition. To bring the ſcheme into contempt, to gratify his own avarice, to ſow diſſentions and obſtacles, to procure delay and perhaps abandonment, he held up the marriage of his prince to ſale among the peers of Scotland, inſtead of demanding a foreign princeſs, whoſe con⯑nexions might have aided her huſband, and have overturned [62]the regent's ambitious plans. The Earl of March, a friend of Albany, was the higheſt bidder; and having paid a large ſum, his daughter Elizabeth was affianced to Rothſay. But at the inſtigation of the king's council, the Earl of Douglas, Archibald the Grim, oftered a larger ſum, which was alſo received; and the regent not daring to trifle with that illuſtrious family, the prince actually married Marjory, the daughter of Douglas, at Bothwell ³.

The only excuſe oftered to March was, that the conſent of the three eſtates had not been procured to the marriage; and as no meeting of parliament is mentioned, it is to be preſumed that in this rude age the king's council, conſiſting of members clerical, noble, and common, was regarded as repreſenting the three eſtates, when inconvenient to ſummon that formidable body. Nay the repayment of the ſum advanced was refuſed, or delayed; and March, burning with indignation, procured a ſafe conduct from the king of England, and retired to that country, leaving his caſtle of Dunbar in the cuſtody of Sir Robert Maitland ⁴. After the retreat of Henry an army was [63]raiſed to beſiege that important fortreſs, which if betrayed to the Engliſh, might have afforded a dangerous poſt to the enemy; and Robert III himſelf appeared as general: but, before he reached Dunbar, Maitland was intimidated and yielded the caſtle to the ſon of Douglas ⁵. If the Scotiſh king had no opportunity to ſhew his martial talents, he at leaſt evinced his goodneſs and juſtice in this expedition. After waiting at Hadington three days, till various reinforcements arrived, the army prepared to march, the trumpets ſounded, and the king's foot was in the ſtirrup to mount his horſe, when a poor butcher begged an audience. The complaint was againſt an officer of the royal houſhold, who had not paid for the meats ordered: the monarch heard the claim affably and pati⯑ently, and ſent for the officer: who not being found he paid the ſum himſelf. He then ordered a proclamation at the market croſs that all debts due by his attendants ſhould be inſtantly demanded and paid; and in future always obſerved this cuſtom on leaving any place; an uſeful example to his ſubjects, in an age when different ſtatutes were required to enforce a like practice in the nobles. The people upon this occaſion, remembered with pleaſure his ſimilar conduct at his coronation, when he ordered payment to the monaſtery of Scone, for the growing corn trodden under foot by the mul⯑titude ⁶. Such matters are often eſteemed beneath the dignity of hiſtory; but far be that pride which would prevent a good action to the meaneſt of mankind, or its commemoration; and if this hiſtoric dignity be inimical to amiable views of manners, and to humanity, it is rather an object of ſcorn than of admiration.

Though, in November and December, 1401 ſome conferences between the Engliſh and Scotiſh commiſſioners had been held, [64]only truces of a few weeks had been adjuſted ⁷; and the war ſoon reſumed its depredations. Henry's demands were ex⯑orbitant, as he had been irritated by Robert's neglect, and by being treated as an uſurper. The Engliſh monarch in⯑ſtructed his commiſſioners to require the homage of Scotland; if refuſed, an annuity, or lands, were held out as temptations to Robert: ſhould this pretenſion prove fruitleſs, a marriage treaty beween their families was to be propoſed, or at leaſt a truce of thirty years ⁸: all theſe terms were rendered nugatory by the Scotiſh alliance with France.

Robert in vain demanded that March ſhould be delivered up: and that earl required the reſtitution of his eſtates with as little ſucceſs. Henry IV knew from experience the value of a traitor, and extended to March, his friends and followers, the warmeſt protection. Eager to wipe off the ſtain of his captivity, Henry Percy joined March, who was inflamed with revange, and anxious to evince his importance by his ſervices; 3 Feb. and they entered Scotland, at the head of two thouſand choſen men. Piercing by Peebles to Linton, they aſſaulted without ſucceſs the caſtle of Hales, burned three villages, and encamped at Preſton. But the ſon of the Earl of Douglas, advancing from Edinburgh againſt them, with a body of his followers, they made a precipitate retreat, leaving their ſpoils, and tents, and prepared proviſions. The Scots purſued them a whole dreary night of that ſeaſon of the year, and captured many at Colbrand's-path, the reſt eſcaping to Berwick; at the very gates of which town the lance, and pennon, of the lord Thomas Talbot were taken ⁹. The heir of Douglas a few [65]months after wore the brilliant coronet of that houſe, upon the death of his father Archibald, ſurnamed the Grim, a peer recommended to fame by his wiſdom, as much as by his here⯑ditary valour ¹.

This year forms an epoch in the hiſtory of Scotiſh legiſlation, the more important, as, after the various laws of Robert II, no further intelligence ariſes, till the luminous period com⯑mences with the ſtatutes of James I.

The ordinances paſſed in a parliament held at Scone are 21 Feb. numerous ². Many concern private property, then in an ob⯑ſcure and precarious condition, under the feudal oppreſſion, and rapacity of the great: but the following chiefly deſerve hiſtorical commemoration. It was decreed that the king's lieutenant-general the Earl of Fife, and other royal miniſters, ſhould hear the cauſes of churchmen, widows, orphans, and minors, without taking ſureties, and judge without delay: that, during the papal ſchiſm, any excommunicated perſon might appeal to the conſervator of the church, and after⯑wards [66]to the general congregation of the clergy; that the duel ſhould only be permitted in four caſes, the crime muſt infer death, it muſt be ſecretly deſigned or perpetrated, the ſuſpicions muſt bear veriſimilitude, and the truth was not to be diſcovered by witneſſes or writings. Among the cauſes why gifts are revocable, are claſſed the arts of monks in perſuading the laity to donations. Uſury, or intereſt, is not to be allowed againſt a minor, who is only to pay the principal. As a check on the ſheriffs, their clerks are to be appointed by the king, and only amenable to him, to prevent any connivance in injuſtice. The juſticiary courts are to be held twice in the year, on either ſide of the Forth: the coroner is empowered to arreſt perſons indicted: the lords of regalities, ſheriffs, and barons, are to hold their journies of juſtice twice in the year, and abbreviate the terms of appearance: the king's juſticiary may remove ſheriffs, or other royal officers in caſe of default, till the fitting of the next parliament, which is to judge the cauſe; a ſingular ſtatute, confounding the legiſlative and executive powers. "To prevent the great and horrible ravages depre⯑dations, fires, and homicides, which are daily committed in every part of the kingdom, it is ordained that all the ſheriffs in the realm make public proclamations, that no perſon tra⯑velling ſhall be allowed more attendants than thoſe whoſe maintenance he defrays." Ravagers, depredators, incendiaries, robbers, murderers, are to be puniſhed by death and confiſcation. The ſheriff ſhall arreſt malefactors, and take bail for their ap⯑pearance at the next journey of juſtice, or circuit; their nonappearance infers rebellion, and forfeiture of the bail; if no bail be found, they are at once to be tried by an aſſize, and if found guilty forfeit their lives; if they flee from one ſheriffdom to another, the firſt ſheriff is to ſend a precept to the ſecond for their deliverance to trial; a ſimilar procedure is [67]to be uſed to lords, and officers of regalities, and all lieges are to aſſiſt. Among the more minute ſtatutes, may be named, that allowing the lieges to purchaſe victuals where they pleaſe, on paying the cuſtoms; that againſt burning the heath of moors in ſummer, or autumn, when the corn might be damaged; thoſe againſt the killing of ſalmon, or hares, at prohibited ſeaſons; that which orders farmers, who rent lands for a term, not to alienate the leaſe for a term exceeding the agreement. Theſe laws, like the ruins of an ancient hall of juſtice, inſpire reverence from their priſtine majeſty, and utility; and will intereſt the philoſophic reader, as reliques of the progreſs of ſociety, and of the hiſtory of man.

The effects of March's vengeance have already been nar⯑rated; but a ſcene of a blacker and more deplorable kind is now to open, in the murder of the Duke of Rothſay. The power and ſenſe of the queen, the gravity of Trail biſhop of St. Andrews, a chief promoter of concord, the valour and wiſdom of the firſt Archibald Earl of Douglas, had balanced the ambition of Albany, but theſe three ſupporters of the monarchy died within a ſhort period ³, and the governor's paſſions had no longer any controul, ſave from Rothſay's merit, and juſt pretenſions. Archibald the ſecond Earl of Douglas of that name, born to adorn that family by his valour, but to diſgrace it by his conduct, was married to the elder daughter of Robert III, as his father had eſpouſed a daughter of the preceding king. Thus doubly connected with the royal family, he ſeems to have regarded Rothſay, who had wedded his ſiſter, not with fraternal affection, but with the malevolent eyes of a rival in ambition. Joined in ſtrict friendſhip with [68]Albany, and his ſecond ſon John afterwards Earl of Buchan; and miſled by their offers, or by a pique at Rothſay, he ſhared their deteſtable ſchemes. 1402 The young prince had been married about two years, but had no children; and perhaps hating the wife forced upon him by his uncle's avarice, he purſued his former courſes. Albany, on pretence of reſtraining his wildneſs, had ſet a band of his partiſans to watch his conduct; and now that the occaſion opened the regent gave the hint, and this band repreſented to the king that his ſon would no longer bear counſel, nor reſtraint. Indeed this impudent plan of Albany, this council of guardians appointed to watch a man of ſenſe and ſpirit, and that man the heir of royalty, was a certain mode to irritate and inflame youthful paſſions, but never could tend to moderate their influence. The decrepit and infirm monarch was, as uſual, diſtant from the public ſcene, and guided by thoſe around him; among whom was now unhappily one Ramorgny, a knight who had formerly ſuggeſted to Rothſay the aſſaſſination of Albany, but the generous nature of the prince had rejected the propoſal with horror and indig⯑nation. A ſucceſsful criminal may be honoured; but a crime offered, and refuſed, expoſes the character to certain hatred and contempt; and it is not matter of wonder that Ramorgny became in his turn the bitter enemy of Rothſay. At his ſug⯑geſtion, which may be conſtrued that of Albany, Robert ſent a written order to the regent, to arreſt his ſon, and confine him for a ſhort time, in order to ſubdue his ſtubborn ſpirit; forgetful of the certain diſgrace which the confinement of the heir apparent muſt entail on his reign, perhaps on the future; forgetful of the ſtain on the ſucceſſion, and danger of conſe⯑quent diſaffection in the ſubjects; forgetful how ſhort a path leads a prince from the priſon to the grave.

[69]The royal mandate was born by Ramorgny and by another enemy of Rothſay, Sir William Lindſay, whoſe ſiſter Euphemia had alſo been affianced to the prince, and rejected ⁴. From theſe circumſtances it may be perceived that the ſcheme was laid, and conducted with all the deep and dark art of conſum⯑mate villainy. Albany, receiving the order with joy, reſolved on its immediate enforcement, and that the bearers ſhould be the executors. Privacy was neceſſary; and Rothſay was in⯑veigled into Fife, upon pretence that he ſhould take poſſeſſion for the king of the caſtle of St. Andrews, till the appointment of another biſhop. When the unſuſpecting prince was riding with a ſmall attendance, between Nydie and Straburn, near St. Andrews, he was ſeized, and held a priſoner in the caſtle, till the governor and his council, aſſembled at Culros, ſhould determine the place of his confinement. The tower of Falk⯑land was named; and thither Albany and Douglas, with a ſtrong band of followers, conducted the prince, ſeated on a labouring horſe, and covered with a ruſſet cloke, to defend him from the falling rain. Here under the cuſtody of John Selkirk, and John Wright, two aſſaſſins employed by Albany, the moſt cruel of deaths, Eaſter 26 Mar. that of famine, awaited the heir of the monarchy: and he was buried in a private manner at Lindoris, diſtant from the tombs of the Scotiſh kings, or thoſe of his family, the conſpirators not daring, by a funereal pomp, to awaken the attention and detection of the people ⁵.

[70]A great ſecurity to crimes ariſes from the good nature of honeſty, which believes their commiſſion impoſſible; and as Albany had conducted his horrible plot with great ſkill, and gave out that his nephew had unexpectedly died of a dyſentery; and for the impriſonment there was the king's poſitive man⯑date; it is no wonder that the nation was beguiled. To ſecure and to continue his regency, it was however proper that every doubt ſhould be cleared, 16 May and a parliament was called and met at Edinburgh, an aſſembly which the long government of Albany had ſufficiently taught him how to chuſe, and influence. In a mock examination Albany and Douglas confeſſed the impriſonment, but imputed the death to divine providence. A remiſſion was however thought neceſſary; and was given by the infirm ſovereign in terms as ample, 20 May as if they had murdered the heir apparent. In this pardon, which is extant, the confinement of the prince is aſcribed to the cauſe of public utility; but the immediate motives of the perpetrators are expreſsly ſaid to be concealed for a ſufficient reaſon ⁶. Does this ſingular declaration refer to the king's mandate, which might in the vulgar eye have appeared a conſent to the death of his ſon; or to ſome crime falſely imputed to Rothſay by the conſpirators, as for example a deſign to murder his father, or uncle? This is dark: but it is certain that folly and wickedneſs are companions, and that the means uſed by Albany to clear his character are preciſely thoſe which fully eſtabliſh his guilt.

To divert the public attention, it was reſolved to continue the war with England, which had been interrupted by a short [71]truce, and ſome negotiations for peace ⁷. A fair pretext aroſe from the incurſions of March and his adherents, that earl and his ſon being penſioned by the Engliſh king, for the mainte⯑nance of a ſmall body of troops during the Scotiſh hoſtilities. By the advice and ſupport of the young earl of Douglas, then reſident at Dunbar, the chief landholders of Lothian agreed to conduct ſeparate expeditions into England, becauſe the people of the Merſe favoured the exiled earl, and did not exert their uſual inroads. The leader of the firſt incurſion was John Haliburton of Dirlton, who advanced a conſiderable way into the inimical country, carrying fire and ravage in his pro⯑greſs, and returned with ſucceſs and ſpoil. But the ſecond, conducted by Patrick Hepburn of Hales, met with a different fate; for having advanced too far into England, and remained too long, the Earl of March found time to unite the power of Northumberland with his own, and to intercept Hepburn and his followers in their return, 22 June at Weſt-Niſbet in the Merſe, three miles ſouth of Duns. An obſtinate conflict enſued, rather favourable to the Scots, till the ſon of March arrived. [72]with a freſh reinforcement, when victory declared for the Engliſh. The Scotiſh leader was ſlain, with ſeveral other gentlemen, and the flower of the youth of Lothian; many were mortally wounded; and John and Thomas Haliburtons, John and William Cockburns, Lauder of Baſs, and many others remained captives ⁸.

Douglas, ſtung with regret for the loſs of his brave friends and countrymen, and inflamed with rage againſt March, his particular enemy, immediately applied to Albany for a body of troops, to be added to his own power upon an expedition into England. The governor conſented, and diſpatched a conſiderable force under Murdac his eldeſt ſon; the earls of Angus and Moray alſo joined Douglas, who entered England with an army of ten thouſand men, carrying terror and de⯑vaſtation to the walls of Newcaſtle. Henry IV was now engaged in the Welch war againſt Owen Glendour; but the earl of Northumberland, and his ſon the Hotſpur Percy, with the earl of March, collected a numerous array; and awaited the return of the Scots, impeded with ſpoil, near Milfield, in the northern part of Northumberland. Douglas had reached Wooler, in his return; and perceiving the enemy, ſeized a ſtrong poſt between the two armies, called Homildon hill. In this method he rivalled his predeceſſor at the battle of Otterburn, 14 Sept. but not with like ſucceſs. The Engliſh advanced [73]to the aſſault, and Henry Percy was about to lead them up the hill, when March caught his bridle, and adviſed him to advance no further, but to pour the dreadful ſhower of Engliſh arrows into the enemy. This advice was followed with the uſual fortune; for in all ages the bow was the Engliſh inſtru⯑ment of victory, and though the Scots, and perhaps the French, were ſuperior in the uſe of the ſpear, yet this weapon was uſeleſs after the diſtant bow had decided the combat. Robert the Great, ſenſible of this, at the battle of Banocburn ordered a prepared detachment of cavalry, to ruſh among the Engliſh archers at the commencement, totally to diſperſe them, and ſtop the deadly effuſion. But Douglas now uſed no ſuch pre⯑caution; and the conſequence was that his people, drawn up on the face of a hill, preſented one general mark to the enemy, none of whoſe arrows deſcended in vain. The Scots fell without ſight, and unrevenged, till a ſpirited knight, Swinton, exclaimed aloud, "O my brave countrymen! what faſcination has ſeized you to-day that you ſtand like deer to be ſhot, inſtead of indulging your antient courage, and meeting your enemies hand to hand? Let thoſe who will, deſcend with me, that we may gain victory, or life, or fall like men." This being heard by Adam Gordon, between whom and Swinton there exiſted an antient and deadly feud, attended with the mutual ſlaughter of many followers, he inſtantly fell on his knees before Swinton, begged his pardon; and deſired to be dubbed a knight by him whom he muſt now regard as the wiſeſt, and boldeſt of that order in Britain. The ceremony performed, Swinton and Gordon deſcended the hill, accompanied only by one hundred men; and a deſperate valour led the whole body to death. Had a ſimilar ſpirit been ſhown by the Scotiſh army, it is probable that the event of the day would have been dif⯑ferent. Douglas, who was certainly deficient in the moſt [74]important qualities of a general, ſeeing his army begin to diſperſe, at length attempted to deſcend the hill; but the Engliſh archers, retiring a little, ſent a flight of arrows ſo ſharp and ſtrong that no armour could withſtand; and the Scotiſh leader himſelf, whoſe panoply was of remarkable temper, fell under five wounds, though not mortal. The Engliſh men of arms, knights of ſquires, did not ſtrike one blow, but remained ſpectators of the rout, which was now complete. Great numbers of the Scots were ſlain, and near five hundred periſhed in the river Tweed upon their flight. Among the illuſtrious captives were Douglas, whoſe chief wound deprived him of an eye; Murdac ſon of Albany; the Earls of Moray, and Angus; and about twenty four gentlemen of eminent rank and power. The chief ſlain were Swinton, Gordon, Livingſton of Calendar, Ramſay of Dalhouſie, Walter Sinclair, Roger Gordon, Walter Scot, and others. Such was the iſſue of the unfortunate battle of Homildon ⁹.

Henry Percy diſgraced the victory by an act of cruelty. Among the captives was Sir William Stuart of Foreſt; and Percy inſiſted that he, being a native of Tividale when under [75]the Engliſh power, ſhould be regarded as a traitor. Stuart, a man of wiſdom and eloquence, defended himſelf ſo well that he was acquitted by three ſucceſſive juries; but the malice of Percy led him to appoint a new jury of his followers, and Stuart was drawn and quartered, amidſt the murmurs of the Engliſh, who knew that his merit was the only cauſe of his death ¹.

Henry IV, on receiving intelligence of the battle of Ho⯑mildon, deſired the Percies not to ranſom, nor deliver, their priſoners, without his conſent: and, to palliate this apparently harſh mandate, he generouſly granted the earldom of Douglas, with Eſkdale, Lidſdale, Lauderdale, the lordſhip of Selkirk, foreſt of Ettrick, county of Tividale, and all the other appen⯑dages of that high houſe, to the Earl of Northumberland; who ſmiled at this liberal gift of a country, neither conquered, nor likely to be an object of eaſy ſeizure ². But the Percies reſolved to take the king in his own ſnare, and to make this conqueſt the pretended object of arms, inſtantly to be turned againſt the granter. Meantime Murdac, the regent's ſon, ſometimes termed Earl of Fife, and ſome other priſoners were ſent to Henry, 20 Oct. and were preſented in full parliament. Sir Adam Foreſter, one of theſe captives, made a ſpeech be⯑fore that great audience, which would have been wiſer if better timed, repreſenting the advantages of ſolid and durable peace between the nations; but Henry checked the oration, becauſe Foreſter had formerly deceived him, concerning [76]Albany's intentions to fight, at the ſiege of Edinburgh caſtle ³. The heir of Albany was freed, upon his word of honour not to withdraw from England; the inferior priſoners were com⯑mitted to an eaſy confinement. The earl of March requeſted the parliament, that he might be reſtored to his lands in pro⯑portion as ſubdued by the Engliſh, and that ſuch of his people as choſe to obſerve allegiance to England ſhould be received; all which was willingly granted, but it was inſiſted that his people ſhould take an oath of fidelity ⁴.

An incident occurred, 1403 which contributes to paint the features of the times and of the government. Sir Malcom Drummond, brother of the late queen, had been married for ſome years to Iſabella, in her own right counteſs of Mar. He was ſuddenly ſurprized in his caſtle by a band of ruffians, and impriſoned till he died of his hard captivity. In the next year, a decent term having expired, Alexander Stuart, natural ſon of Alex⯑ander the deceaſed earl of Buchan, brother of Albany, forced the counteſs to wed him; and as he was a noted leader of the highland freebooters there is no room to doubt that he had been the murderer of her huſband, in order to attain this wealthy marriage. Theſe unworthy deeds were ſanctioned by the government; the king's name being boldly ſet, by the regent, to a charter confirming the earldom to a lawleſs in⯑truder ⁵. Thus every inſult, and every crime, ſeem to have been crouded by Albany, his younger brothers and adherents, that could contribute to the depreſſion and deſtruction of the king's family and connexions.

[77]The Earl of Northumberland, and his ſon, were now intent upon open rebellion againſt Henry IV; and to colour the raiſing of their troops, and gain time for adding freſh muſters, it was reſolved to make a ſhort incurſion into Scotland, on pretence of rendering effectual the grant of the earldom of Douglas. Accordingly Henry Percy, and the Earl of March, proceeding with a conſiderable force beſieged Coklawis, a ſtrong tower in Tividale on the confines of the Merſe ⁶; June but found ſo obſtinate a defence that, both parties being fatigued, it was agreed, between Percy and Greenlaw the captain, that if no aid were ſent by the Scotiſh king, or governor, the for⯑treſs ſhould ſurrender on the firſt of Auguſt, being ſix weeks from the date of the convention. Gladſtane, the proprietor of Coklawis, who had remained concealed in the place, ſoon haſtened to the king, who referred him to the governor. Albany aſſembling a council of prelates and nobles at Falkland, laid the affair before them; and they knowing him little in⯑clined to war, pretended that it was better to give up that paltry turret, than encounter further danger from England, when the Scots were weakened and diſheartened by the late defeat. Upon which, to their ſurprize, the regent who ap⯑parently had intelligence of the commotion raiſed by the Percies, and that the north of England was incapable either [78]of offence or defence, ſtarted up, and exclaimed, "I vow to God and St. Fillan that I ſhall prevent the appointed day, although none ſhould attend me ſave that youth, my groom," pointing to Peter de Kinbuk, then holding his horſe at a diſtance. The council, effectually duped and aſtoniſhed by the governor's new ſpirit, anſwered with tears of joy, "May God confirm his work in you; and by his aid we engage that our help ſhall not be deficient." Albany was ſoon at the head of a numerous army, conſiſting according to our antient accounts of not leſs than fifty thouſand rude cavalry, and as many infantry. With ſome loſs he took the fort of Inwerwick in Lothian ⁷, which had been ſeized by the Engliſh, after the deſtruction of the flower of Lothian at Homildon; and was approaching Coklawis, when a meſſenger brought him tidings that Percy was defeated and ſlain at Shrewſbury. Upon this the governor encamped his wide battalions around Coklawis, and ordered a herald to proclaim the joyful intelligence; then diſmiſſed his army, and returned as in triumph ⁸. The battle of Shrewſbury, with the prudent and bold conduct of the Scotiſh earl of March on the part of Henry IV, and the ſpirited actions of Douglas ⁹ in behalf of Percy, belong to Engliſh hiſtory: of this narration it is the duty to obſerve that the conduct of Albany was reprehenſible in a high degree, and that by his uſual miſconduct he loſt a fit opportunity of regaining Jedburgh, Roxburgh, or Berwick, or otherwiſe aſſail⯑ing the north of England, in its weak and diſaffected ſtate, [79]and avenging the affronts and the loſſes of his country. The people of Scotland were then almoſt unknown in their own government, but the patience of the nobles and gentlemen under this long and diſgraceful Regency, yet further to be lengthened and diſgraced, can only be accounted for, by in⯑ferring that Albany ſhared with them the ſpoils of the king and of the people, and thus indulged to the utmoſt the na⯑tural ſpirit of ariſtocracy.

An impoſtor appearing in Scotland, 1404 under the name of Richard II ¹, the policy of Henry IV perceived that dan⯑gerous commotions might ariſe from this pretext, and his deſires of peace were increaſed. He wiſhed to include the Scots in the long truce, formerly ratified with France; but, not ſucceeding, uſed other pacific negotiations, and Robert III on his ſide appointed commiſſioners to treat for the ranſom of Albany's ſon, May and Douglas, and for a truce if obtainable upon proper terms; which was in fact concluded for a very ſhort time ². 6 July to Eaſter. Another meeting was agreed on to confer concerning a definitive treaty, and among the Scotiſh commiſſioners were James Douglas lord of Dalkeith, the biſhop of Glaſgow, Sir David Fleming, John Merton doctor of canon law, and Walter Foreſter canon of Aberdeen and ſecretary of ſtate ³. [80]The laſting bars in the way of ſolid peace ſeem to have been the treaty between Scotland and France, and the poſſeſſion of ſome places in the borders by the Engliſh, which they could not reſign, nor the Scots ceaſe to demand, without diſhonour.

A Scotiſh veſſel, 1405 Jan. of great value, having been captured by an Engliſh armed barge near St. Andrews, letters were ad⯑dreſſed by Robert, by Albany his lieutenant-general, by the biſhop of St. Andrews, and by other eminent perſons to Henry demanding reſtitution, but without effect ⁴. In conſequence of this injuſtice, the Scotiſh commiſſioners failed in their ap⯑pointed meetings with the Engliſh on the marches; March and mu⯑tual animoſity began to be diſcovered ⁵.

The aged and ſickly king, ſecluded in the iſle of Bute ⁶, the victim of his own weakneſs, and of his brother's ſavage ambition, had yet a few friends left. Among theſe was Henry Wardlaw, nephew of the late cardinal, and recently appointed biſhop of St. Andrews by the Pope, a prelate re⯑commended by his love of letters, and of his king, and country. To his charge James, Earl of Carric, and only ſurviving ſon of Robert III, now in his eleventh year, was committed by [81]his father, and by his advice France was choſen as a ſecure retreat for the heir of the kingdom, from the brutal force or dark art of Albany ⁷. The poliſhed education to be received in that celebrated country afforded a fair pretence for this plan; and the regent ſeems not to have oppoſed it, hoping perhaps ſomewhat from accident, divining the unpopularity of a fo⯑reign education, nor regreting to unite the public attention by being the neareſt heir of the monarchy left in Scotland. Henry Sinclair earl of Orkney was appointed chief attendant of the prince in this voyage: and a ſhip was ordered to the iſle of Baſs, in the firth of Forth, to receive the important charge. David Fleming of Cumbernald, a relation of the king, and ſeveral chief gentlemen of Lothian, conducted the prince, and ſaw him ſafe on board: on their return they were purſued by James Douglas, uncle of the earl, and a conflict followed at Hermanſton moor, 14 Feb. in which Fleming and many others fell ⁸.

[82]The prince had only proceeded as far as Flamborough head, when he was intercepted by a ſhip belonging to Cley in Norfolk; and the Scotiſh veſſel, being ſmall and unarmed, was taken without defence. 30 Mar. The royal captive, and his at⯑tendants, were immediately ſent to the Engliſh king, who faid with ſarcaſtic joy, "Had the Scots been grateful, they ought to have ſent this youth to me to be educated, for I underſtand French well." Henry then ungenerouſly ordered the prince, and Orkney, to the Tower: and nineteen years elapſed before James ſaw the end of his captivity ⁹.

Rothſay herald appears to have been ſent, in order to treat for the deliverance of the prince: and Albany intereſted in the welfare of his ſon Murdac, who remained a priſoner in England, endeavoured to conciliate Henry, and expreſſed his regret for the failure of the conferences ¹. 2 June But a ſtorm now [83]burſt forth in the north of England, which threatened to immerge Scotland in open war.

The earl of Northumberland, who had been pardoned by Henry after the battle of Shrewſbury, began, in concert with the earl Marſhal of England, the archbiſhop of York, and lord Bardolf, to revive his rebellion, if it can be ſo called, againſt the uſurper. But Henry's vigorous meaſures ſpeedily extinguiſhed the flame. Some of the earl's confederates were ſeized, and executed, while he himſelf fled into Scotland, June accompanied by his infant grandſon, and by lord Bardolf ².

The Scots availed themſelves of the confuſion, to manifeſt their ſenſe of Henry's injuſtice. Some joined Northumberland at Berwick; and the Engliſh monarch, alarmed at the com⯑plicated danger, in vain iſſued a commiſſion to John his ſon, 8 July conſtable of England, and warden of the eaſtern frontier, (offices transferred to him from the earl of Northumberland two years before,) to negotiate a truce with Scotland till the following Eaſter ³. Upon the retreat of Northumberland into their country, the Scots gave the town of Berwick to the-flames; but the caſtle, which was held for the rebel earl, ſoon after ſurrendered to the Engliſh king ⁴.

[84]Robert, yielding to age and infirmities, had abandoned the reins of government to Albany, in title lieutenant general of the kingdom, but in fact regent. It appears that Albany, probably inſtigated by Northumberland, meditated, or pre⯑tended to meditate, an invaſion of England, for Henry ordered his array to be in readineſs to oppoſe this deſign ⁵; 8 Sept. and he iſſued a commiſſion to treat with Donald lord of the Iſles, 16 Sept. and John his brother ⁶, the potentates of the Hebudes being generally the allies of England. But both parties ſoon relaxed in their reſentment; end Sept. and a truce was concluded, to laſt till the enſuing Eaſter ⁷.

The ambition of Albany prevented any effectual interceſſion for the liberty of the prince; 1406 and perhaps his father regarded him as more ſecure in England than in Scotland. No warmth of animoſity ſeems therefore to have ariſen on this account: and Henry renewed his powers to prolong the truce ⁸. 7 Feb.

Robert III, overwhelmed with infirmities and misfortunes, died at the caſtle of Rothſay in Bute, 4 April after having nearly completed the ſeventeenth year of his hapleſs reign ⁹.

BOOK III. CONTAINING THE REGENCIES OF ROBERT, AND MURDAC, DUKES OF ALBANY.

Character of Albany—March returns—a heretic burnt—Jed⯑burgh taken—mutual ravages—inſurrection of Donald lord of the Iſles—battle of Harlaw—univerſity of St. Andrew's founded—Henry V of England—incurſions—diſgraceful ex⯑pedition of Albany—his death—Murdac regent—treaty for the ranſom of James—affairs of the Scots in France.

THE character of Robert Duke of Albany requires but a few features, to finiſh the delineation, which has already preſented itſelf in his actions. He approached his ſeventieth year, when, by various arts and crimes, he attained the great object of his purſuits, in the ſole government of Scotland. His perſon was tall, and majeſtic, his countenance amiable: temperance, affability, eloquence, real generoſity, apparent benignity, a degree of cool prudence bordering upon wiſdom, may be reckoned among his virtues. But the ſhades of his vices are deeper; an inſatiate ambition, unrelenting cruelty, and its attendant cowardice, or at leaſt an abſolute defect of military fame, a contempt of the beſt human affections, a long practice in all the dark paths of art and diſſimulation. [86]His adminiſtration he ſtudied to recommend, not by promoting the public good, but by ſharing the ſpoils of the monarchy with the nobles, by a patient connivance at their enormities, by a dazzling pomp of expenditure in the pleaſures of the feaſt, and in the conciliation of munificence. As fortune preſerved his government from any ſignal unſucceſs, ſo it would be an abuſe of terms to beſtow upon a wary management, which only regarded his own intereſt, the praiſe of political wiſdom ¹.

The three eſtates, having met in parliament at Perth, ſoon after the demiſe of the late king, decency conſtrained them formally to recognize the title of the captive prince to the ſovereignty; but the regency and ſole command of affairs were ratified to Albany ². 1407 The treaty with France was renewed: and the truce with England continuing, the regent ſent em⯑baſſadors to adjuſt any differences which had ariſen, yet appears not to have even mentioned his captive nephew ³. But a more [87]ſincere and effectual interceſſion was made for the Earl of Douglas, who was permitted to reviſit his country upon an engagement to pay a ranſom of one thouſand marks, and leaving hoſtages for ſecurity ⁴. Many Scots now crouded to the Engliſh court, ſome in the hopes of admiſſion to the pre⯑ſence of their young ſovereign, and of attracting his favour by their attentions: and others from various motives. Among theſe was Alexander Stuart, who had become Earl of Mar by the unwarrantable means above recited; he appointed a tourna⯑ment of Engliſh and Scots in which the latter were defeated: but his reſtleſs ſpirit carrying him into Flanders, in the fol⯑lowing year, he diſtinguiſhed himſelf in the ſervice of the Duke of Burgundy, who had ſent him to aſſiſt in quelling a rebellion of the people of Liege, againſt their biſhop John of Bavaria ⁵.

[88]The Earl of March diſappointed in his hopes of the conqueſt and grant of his eſtates, 1408 by the Engliſh monarch, was not indiſpoſed to return to his own country; and the regent and the nobles of Scotland knew, from experience, that his en⯑mity, and his friendſhip, were not unimportant. A new government having taken place, Albany could now throw the blame of the injuries offered to this nobleman upon the late king; and an accommodation was effected. From the liberality of Henry IV March had acquired ſome eſtates in England, which ſerved to indemnify his loſs; and Douglas reſtored his Scotiſh domains, upon condition however of retaining the lordſhip of Annandale, and its caſtle of Lochmaben ⁶.

A ſcene, it is believed, before unknown in Scotland diſgraces the annals of this year. James Reſby, an Engliſh prieſt of the ſchool of Wickliffe, was condemned for hereſy by a clerical council, preſided by Lawrence Lindoris, an inquiſitor; and delivered to the ſecular arm, and to the flames, at Perth. [89]The articles of his hereſy amounted to about forty; and the firſt and chief was that the Pope is not the vicar of Chriſt ⁷. Winton particularly praiſes Albany for his averſion to Lollards, and to hereſy, and for his devotion to the catholic church: and from this incident the reputation appears to have been well founded. But it did little honour to his government to inſtitute the firſt example to his country of fanatic cruelty, though much of the blame muſt reſt upon prieſtly perſecution, upon the examples of other countries and, the ſpirit of the times. The ſacred light of philoſophy, which eſtabliſhes ab⯑ſolute right of conſcience, and unlimited ſcope of opinion, was yet far from its dawn; and the barbariſm of the age thought to honour religion by crime, and the Deity by the deſtruction of man.

The truces, 1409 which had extended from the commencement of the regency to this time, having expired without renewal, ſome of the commons of Tividale, a people hardened by their limitory ſituation, and conſtant expoſure to war, aſſaulted and took the caſtle of Jedburgh, which had remained in the hands of the Engliſh ſince the battle of Durham ⁸. The walls were ſo hardly cemented together, that much labour was required to deſtroy them, as was reſolved, in order to prevent the foe from regaining ſo firm a hold: and it was agitated in a parlia⯑ment, held at Perth, that a tax of two pennies upon every hearth ſhould be raiſed for this purpoſe. But the regent, anxious for popularity, oppoſed this reſolution, ſaying that during his regency no tax had ever been levied, nor ſhould he now begin to merit by that abuſe the malediction of the poor: and he accordingly ordered the expence to be defrayed out of [90]the royal cuſtoms ⁹. One of the inconſiſtencies of human affairs is, that a power irregularly or criminally acquired is often exerted in a manner far more excellent, than the juſt tenor of authority; for the latter reſts upon an indiſpenſable claim, while the former requires ſupport from the affections of the people.

To revenge the loſs of Jedburgh, 1410 Robert Umfraville, of the Engliſh family which claimed the title of Angus, entered the Forth with ten ſhips, and took fourteen veſſels laden with drapery and grain: and afterwards ravaged various parts of the Scotiſh coaſt. The ſupply of corn which he brought on his return, was ſo ſeaſonable to England, then afflicted with a ſcarcity, that he was honoured with the vulgar appellation of Robert Mendmarket ¹. But it is uncertain whether the corn captured in the Forth was an import into, or an export from Scotland. Nor were the Scots deficient in ſucceſſful hoſtility, for Patrick Dunbar, the ſon of March, took by ſtratagem the fortreſs of Faſtcaſtle, on the northern ſhore of the Merſe, which had been for a ſhort time in the Engliſh power ².

Although Henry IV was irritated by the loſs of Jedburgh, and meditated a blow againſt the regent, yet to cover his deſigns he permitted a propoſed truce to proceed ſo far, as to require Albany's ratification ³. This was conveyed in a letter to Henry, [91]ſome expreſſions of which were eſteemed rather preſumptuous; for the regent was ſtyled "by the grace of God," and men⯑tioned "our ſubjects of Scotland ⁴." As Henry's title to his crown was not ſo good as Albany's to the Scotiſh, and a con⯑ſiderable ſimilarity occurs in the progreſs of their ambition, it is no wonder that ſuch expreſſions ſeemed to imply pride, or reproach.

But the moſt important event during this regency now ariſes in the rebellion, 1411 as it was termed, of the lord of the Iſles. The ſubject of diſpute was the earldom of Roſs, a title of uncertain creation, but which at leaſt aſcends to the twelfth century. The ancient line failed in Euphemia Roſs, wedded to Walter Leſley, whoſe iſſue were Alexander Earl of Roſs, and a daughter eſpouſed to Donald lord of the Iſles: Euphemia, upon Leſley's death, married Alexander Earl of Buchan, ſon of Robert II. Alexander Earl of Roſs had by his wife, a daughter of Albany, an only child alſo named Euphemia, who became a nun, probably by the inſtigation of her mother's family, and with the intention of reſigning the dignity to John Earl of Buchan, ſecond ſon of the regent, when ſhe came of age; but the reſignation was not executed till four years after this period ⁵. As Euphemia by entering into a nunnery was regarded as dead in law, Donald lord of the Iſles reſolved to defeat the machinations of the family of Albany, by an im⯑mediate ſeizure of the earldom, which included the iſland of Sky, and lay contiguous to his dominions. Not contented with this acquiſition, to ſhew his ſcorn of the regent, and recommend his alliance to the Engliſh king, Donald raiſed an army of ten thouſand men of the Hebudes, and of Roſs, and advanced as far as Mar in his deſolating inroad, intending to [92]ſack Aberdeen, and ravage the country even down to the Tay ⁶.

To ſtop his deſtructive career, Alexander Stuart Earl of Mar, and Ogilby ſheriff of Angus, haſtily collected ſome troops from Buchan, Mar, Garioch, Angus, and Merns; and met the invader at Harlaw, 24 July about ten miles northweſt of Aberdeen. Mar's army was inferior in number; and the battle was obſtinate and fierce, but indeciſive. On the ſide of Donald the chiefs of Maclean and Macintoſh fell, with about nine hundred; and Mar loſt five hundred men, among whom were ſome of rank, as Scrymger conſtable of Dundee, George Ogilby heir of the family, and moſt of the gentlemen of Buchan ⁷. The lord of the Iſles was however ſo much weak⯑ened, that he was forced to retire; and the regent immediately collecting an army marched to the caſtle of Dingwall in Roſs, which he took and garriſoned toward the end of autumn. Next ſummer Albany ſet three armies on foot to invade Donald's territories, who was obliged to abandon his preten⯑ſions to Roſs, to make a perſonal ſubmiſſion, and give oaths and hoſtages for indemnification, and future obſervance of peace ⁸. As the intereſts of the regent were concerned, the motives of his conduct deſerve no applauſe; but the conduct itſelf was in this inſtance ſpirited and political, for it might have proved dangerous to have permitted a large and con⯑tiguous acceſſion of territory to an independent chief, the ally of England.

[93]Meantime it appears not that Henry IV made any exertion to aſſiſt his ally, a greater field having opened to his ambition in the affairs of France, the long diſſenſions of which kingdom had now ripened into civil war. Henry prepared the future conqueſts of his ſon by engaging in the party of Burgundy, to whom he this year ſent a ſupply of troops: and it became an object of his prudence to prevent any diſturbance of his deſigns, by terminating hoſtilities with Scotland. The publication of a remarkable papal bull, given by Urban V in 1368, but not openly current till now, alſo contributed to this end ⁹. In this pontifical mandate it is forbidden, under pain of excom⯑munication and interdiction, to all perſons eccleſiaſtical or ſecular, of whatever rank, to form any leagues againſt the government of Scotland, or to enter that kingdom hoſtilely, or make any depredations in it, or even to protect or aſſiſt any who ſhall infringe this prohibition. To the terrors of excom⯑munication other penalties are added; and infamy, degradation, incapacity of any places of honour or truſt, are held out to the violators; and, if kings, their ſubjects are abſolved from their allegiance. This laſt threat may have had ſome influence with Henry, whoſe title little required any additional ſhock. Urban V was a Frenchman, and warm in the intereſts of his country, ſtruggling at the period of this bull with Edward III: the origin of this fulmination is therefore eaſily explained; and it appears to have lain dormant at firſt from a diſcovery of the friendly diſpoſitions of David II towards England; and, afterwards neglected and forgotten, to have been revived by accident at the preſent epoch.

Various negotiations for a truce between England and Scotland occupied this, and the following year, and occaſioned [94]a ſuſpenſion of arms. Nevertheleſs Douglas of Drumlanrig, and Gawin Dunbar, broke down the bridge of Roxburgh, and ſet fire to the town ¹. But neither this inſult, nor the loſs of Jedburgh, could divert the Engliſh king from his attention to France; and the Earl of Douglas, finding no employment for his martial ſpirit in his own country, reſolved to bear a part in the French deeds of arms. Thrice, ſays a monaſtic hiſtorian, he was repelled by contrary winds, till by the advice of the Earl of Orkney his companion in the voyage, he viſited the iſle of St. Colm in the firth of Forth, and addreſſed his ſupplications to the tutelary Saint, Columba. Then he ſailed to Flanders, and by the Saint's aſſiſtance ſoon returned ². Douglas muſt have found it impracticable to take a decided ſhare in the war, for the alliance of England ſhifted from one party to the other; nay the French king himſelf was in⯑decided.

To Henry Wardlaw, biſhop of St. Andrews, 1412 Scotland now became indebted for her firſt univerſity, an event more in⯑tereſting and important than dubious negotiations, or the tumults of war. It is pleaſing to conſider the dawn of the light of learning, riſing as after a tempeſtuous night of diſcord and barbariſm, and commencing its ſalutary influence. The ſtudies of the time were indeed unimportant, the thorny tract of ſcholaſtic theology, the clerical uſurpations of canon law, a logic which taught not to reaſon, a philoſophy devoid of wiſdom: but ſtill the mind was employed, a ſacrifice, though rude, was offered to ſcience, the field began to be manured, which in time was to yield productions of delight and of utility. At Pentecoſt 1410 the lectures at St. Andrews had begun, [95]but the bulls of confirmation were not received till this year, 3 Feb. when Henry Ogilby maſter of arts, who had been deputed on that ſervice, arrived with the papal conſent. Univerſal feſtivity enlivened the city, the bulls were preſented to the biſhop who appeared in ſtate in the refectory, were ſolemnly peruſed aloud, and Te Deum ſung, and the elevation of joy and of wine pervaded every ſtreet. On a following day a grand proceſſion was inſtituted, in which were ſeen not leſs than four hundred clergy ³.

The death of Henry IV, 1413 March and the ſucceſſion of his warlike ſon to the Engliſh ſceptre, introduced little alteration into the affairs of Scotland. One of the firſt acts of Henry V was to order the ſon of Albany, whom policy had ſtill retained captive in England, and ſome other priſoners to the tower; leſt they might have taken an advantage, of which there did not want examples, in eſcaping upon a pretence, believed in that age to be juſt, that their promiſes of honour were only engaged to the late king, and became vacated by his death ⁴. Reſolving to take advantage of the diſtracted ſtate of France, he had effectual means in his hands to ſecure the neutrality of Scot⯑land, by continuing the captivity of James, and of Albany's eldeſt ſon; and to ſhew his amicable intentions he diſmiſſed ſome Scotiſh captives of inferior note ⁵. The Scots were afterwards amuſed with three unſucceſsful negotiations, in the ſame year, between their regent and the Engliſh king, for the ranſom of James. Albany ſent a more ſerious embaſſy [96]for the ranſom of Murdac his ſon; but this deſign alſo failed and only a truce was agreed on, to laſt till June 1414: at which time it was continued by further negotiation ⁶.

While Henry V was occupied with his victorious expedition into France, 1415 the Earl of Douglas took and burned Penrith; and in revenge Dumfries met with a ſimilar fate ⁷. The want of an Earl of Northumberland now began to be felt; and it was reſolved by the Engliſh government to accompliſh a treaty, commenced in the preceding year, for the exchange of the regent's ſon and the young Earl of Northumberland, ſon of Hotſpur, who had been left in Scotland by his grandfather, when he retired into Wales. That he was detained as a captive, after the ſeizure of the Scotiſh prince, can hardly be imputed to injuſtice; but he was liberally educated at St. An⯑drews by the biſhop, and met with ſuch honourable hoſpitality that grateful impreſſions alone filled his mind. Before Henry proceeded to France this exchange had been determined; but was poſtponed on account of the ungenerous flight of Murdac, who was however taken, and the captor liberally rewarded ⁸. The anxiety of the regent, now far advanced in years, for the preſence of his heir, and the wiſhes of the Engliſh for the [97]protection of another Earl of Northumberland, at laſt conſpired together: and the exchange was carried into effect ⁹.

A freſh treaty for the ranſom of James proceeded ſo far, 1416 that Henry conſented that the Scotiſh king, now of age, ſhould viſit Scotland, on condition of returning within a limited time, under the penalty of one hundred thouſand marks, giving hoſtages for ſecurity ¹. But ſome pretext was found by the regent for breaking off this negotiation; and he at the ſame time entered into a correſpondence with the duke of Orleans, now a priſoner in England ².

While Henry V had entered upon his ſecond expedition againſt France, 1417 and was engaged in the conqueſt of Normandy, Albany collected a large army, and dividing it into two parts, appointed the one under Douglas to inveſt Roxburgh, while he himſelf with the other beſieged Berwick. But the dukes of Bedford and Exeter, gathering an array of more than one hundred thouſand men, if we believe an Engliſh hiſtorian, and of which Exeter boaſted that forty thouſand were equal to the choſen ſoldiers under Henry in France, the Scots were [98]forced to retire ³. Albany ſeems to have had crude intelli⯑gence, and to have thought that the force of England was in France, while Henry had in fact only a ſmall but a ſelect army. The people of Scotland not ſuſpecting the numbers of the foe, and only ſeeing the ineffectual expedition, treated this attempt of Albany with great deriſion.

The Council of Conſtance having ſet a laudable example in the depoſition of Benedict XIII, and in aſſerting the ſuperiority of councils over the popes, after ſecuring the conſent of the other catholic kingdoms, at laſt ſent an envoy to Scotland for that purpoſe. A parliament being ſummoned to Perth, the Abbot of Pontiniac produced letters from the Council, and from the Emperor Sigiſmund, and the caſe was examined. Benedict applied to the Regent, who rather favoured his cauſe, and appointed Robert Harding an Engliſhman to defend it, who was ſo unfortunate as to fall into heretical propoſitions in the attempt; and the Univerſity of St. Andrews, and moſt of the clergy, ſupporting Martin V the new pope choſen by the Council, it was reſolved that Scotland ſhould follow the example of the other catholic ſtates ⁴.

The fortreſs of Work was taken by William Halyburton of Faſtcaſtle, 1419 but ſome Engliſh troops arriving under Robert Ogle, [99]he deceived Halyburton in propoſing a compenſation for de⯑liverance of the caſtle, while his men ſecretly ſcaled the walls, and overpowering the Scots flew Halyburton, and his twenty three followers ⁵.

Henry V had now reduced all the northern parts of France; and the Dauphin was left almoſt deſtitute of friends or re⯑ſources. In this neceſſity he ſent an embaſſy to the Scotiſh regent, requiring aſſiſtance in conformity with long exiſting treaties; and a parliament being held it was reſolved to comply with the Dauphin's demand. In conſequence Albany ſent his ſecond ſon, John Stuart Earl of Buchan, with a choſen army of ſeven thouſand men, among whom were ſome nobles, and many knights and eſquires; and upon their arrival in France the Dauphin immediately united them with his little army, then about to attempt the reduction of Languedoc ⁶.

Robert Duke of Albany after having ruled Scotland for about thirty-four years, including his former management under his father and brother, 3 Sept. died at the caſtle of Stirling, in the thirteenth year of his ſole regency, after a life of upwards of eighty years. To his high office his ſon Murdac ſucceeded; a man of a very different character, indolent and remiſs even to weakneſs, and not capable of paternal, far leſs of princely authority ⁷. But the circumſtances of the times maintained him in his difficult [100]ſtation for four years, at the end of which James aſſumed the ſceptre of his fathers.

Few incidents worth notice ariſe during the ſhort regency of Murdac, except the tranſactions of the Scots in France, a new ſcene, but which more properly belongs to the French hiſtory. However at the end of this book a brief account ſhall be ex⯑hibited of theſe deeds of arms, which reflected no ſmall credit upon Scotiſh valour.

The Earl of Douglas, 1420 entering England with a conſiderable force, took the town of Alnwick, and burned it to the ground ⁸. In the next year Henry V proceeded to York, and invited Douglas to a conference, in which he found means to engage the earl to ſerve him with two hundred horſe, and as many infantry, upon Henry's allowing him the yearly ſum of two hundred pounds ⁹. The motives of Douglas to this ſingular and treaſonable treaty are not ſufficiently apparent, but it ſeems that the weakneſs of the Scotiſh government concurred with the Engliſh gold to inſtigate this irregular conduct.

To add to the domeſtic calamities of Scotland under the feeble regency of Murdac, that country was afflicted with a new and wide malady, proceeding from irregular ſeaſons. This was a contagious fever and dyſentery, in which many of all ranks periſhed. Among the perſons of note were Henry Sinclair earl of Orkney, James Douglas lord of Dalkeith; and George Dunbar earl of March, a nobleman moſt fortunate in war, the ſide upon which he ſtood being always victorious, as in the battles of Otterburn, Niſbet, Homildon, Shrewſbury, Benrig, and other leſs important conflicts ¹.

In order to induce the Scots to withdraw from France, 1421 by bringing them into the hateful predicament of ſighting againſt [101]their own king, Henry V determined to have the company of James into France; and, to induce him to compliance, en⯑gaged that he ſhould be permitted, three months after their return, to paſs to Scotland for a time, upon giving a number of Scotiſh nobles as hoſtages ². But Henry never returned; and his death in the ſucceeding year opened a ſurer proſpect to James of his deliverance from a lengthened captivity. 1422 31 Aug.

The Duke of Bedford being appointed Protector of England, juſtly conſidered it as a ſuperior policy to form an alliance with the Scotiſh king, and deliver him upon ranſom. James was accordingly permitted to ſend for commiſſioners from Scotland, to confer at Pomfret with thoſe of England, 1423 6 July whoſe inſtructions were ſufficiently moderate. They were to demand forty thou⯑ſand pounds, as a recompence for the maintenance of James while he reſided in England, the name of ranſom being unjuſt and invidious for a prince not taken in war, nor by his tender age capable of arms: they were to take hoſtages for the pay⯑ment in proportions of two thouſand pounds a year: to offer perpetual peace, or, if rejected, a long truce: to obtain an agreement that no more Scots ſhould proceed to France, and that thoſe already there be recalled: artfully to induce the Scots to demand an Engliſh lady in marriage for the king: and laſtly to proceed upon compenſation of damages if de⯑manded ³. The Scotiſh commiſſioners probably returned to ſubmit the terms to their government, and to procure ample [102]inſtructions; 10 Sept. for the final agreement was ſettled at York, and after a delay of two months ⁴.

Murdac the regent had ſufficiently learned from experience the oppreſſive weight, and mortifications, of power, when not ſupported by abilities ⁵. His own ſons, inſtead of being awed by the important office of their father, ſeemed to ſhare his dignity for the ſake of licence, and to regard his authority as a protection for their vices. There is a tradition, the ſimplicity of which ſeems to ſpeak its truth, that the regent had a favorite falcon, which his ſon Walter had often requeſted unſucceſsfully, and at laſt, vexed with repeated refuſal, he tore it from his father's hand, and twiſted its neck: upon which Murdac mildly exclaimed, "Since you pay me ſo little reſpect, I muſt invite him whom both muſt obey ⁶."

But whether the regent's conſent proceeded from his wiſhes, or from his weakneſs, and want of influence and ability to withſtand the national deſire, it is certain that the Scotiſh commiſſioners acted with ſincerity. The concluſive treaty only bears that forty thouſand pounds ſhould be paid for the main⯑tenance of James, within ſix years, by half-yearly payments: that hoſtages ſhould be given: and that the Scotiſh regent [103]ſhould ſend embaſſadors, empowered to cloſe the marriage of James with an Engliſh lady of rank. The laſt clauſe muſt refer to the conſent of parliament, neceſſary to effect the eſpouſal and adjuſt the dower. And a ſpace of time being required to accompliſh theſe affairs, the month of March, in the approaching year, was fixed for the final arrangement. The Scotiſh commiſſioners afterwards proceeded to London, and came under ſolemn engagements to fulfil the agreement, and among other articles undertook to procure four obligations from the burghs of Edinburgh, Perth, Dundee, and Aberdeen, for the whole money to be paid ⁷.

James ſoon after eſpouſed an Engliſh lady who had long attracted his affections. 1424 Feb. This was Joanna daughter of the ducheſs of Clarence, niece of Richard II, by her firſt huſband John Duke of Somerſet, fourth ſon of John of Ghent, Duke of Lancaſter, and grandſon of Edward III. The ceremony was performed at the church of St. Mary Overy in Southwark; and next day the Scotiſh king received, as the portion of his queen, a diſcharge of ten thouſand pounds out of the ſum to be paid to England ⁸. The hoſtages came to Durham at the appointed time; and James began his long expected journey to his own kingdom. Upon his arrival at Durham, a ſecondary ſet of hoſtages were named, out of which, in caſe of death, any of the former might be ſupplied; and a rental of all their eſtates was given in, which affords an intereſting record of the ſtate of wealth in Scotland at that period ⁹. Many Scotiſh [104]nobles and gentlemen now crouded to pay their court to the ſovereign; 9 April and James, amid the acclamations of the people, entered at laſt his own realm ¹. But before proceeding to his memorable and ſpirited reign, it will be proper briefly to re⯑view the deeds and fate of the Scots in France.

The year after the arrival of the Scotiſh auxiliaries, we find Henry V uſing the company of James, his captive, as a mean of preventing the hoſtilities of his ſubjects; but without effect, for they continued to ſerve the Dauphin, juſtly regarding their ſovereign's will as ineffectual while under conſtraint. The firſt important action in which the Scots appear is the battle of Baugé, ſo called from a village in Anjou, twenty two miles to the eaſt of Angers. The Dauphin had appointed the Scots, led by the earls of Buchan and Wigton, and Stuart of Darnley, to guard that province againſt the Duke of Clarence, whom Henry V had detached for its reduction. On the twenty ſecond day of March, 1421, the Engliſh when foraging took four Scots, and brought them to Clarence, who thus learned that the Scotiſh army and a few French lay at Baugé. The Duke inſtantly ſprung from the table exclaiming, "Let us attack them, they are ours: but let none follow ſave the men at arms:" and after a quick march he came to Little Baugé, where a few French defended the church, and gained time for Buchan to arrange his troops. The Engliſh aware of this left the church untaken, and advanced; but to a complete de⯑feat. Clarence, diſtinguiſhed by a coronet of gold and jewels upon his helmet, was the firſt ſlain; and a ſimilar fate awaited the Earl of Kent, the Lords Grey and Roſs, and above four⯑teen hundred men at arms. The Earls of Huntingdon and Somerſet, and many others of note, were made captives. To [105]reward the Earl of Buchan, who had ſlain Clarence with his own hand, the Dauphin gave him the high diſtinction of Conſtable of France ².

In the following year the Conſtable took Avranches in Normandy; and probably learning the agreement which his father-in-law the Earl of Douglas had made with Henry V, he reſolved to detach him from the Engliſh intereſt. For which purpoſe he viſited Scotland, empowered to offer the earl the duchy of Touraine; and Douglas conſented to bring five thouſand men into France. The Dauphin, now Charles VII, rewarded Stuart of Darnley with the lordſhip of Aubigny in Berry; and the family and title were to become not a little illuſtrious. The death of Henry V had checked the Engliſh exertions; and Buchan and Douglas were only ordered to de⯑fend the Loire, and prevent the foe from entering Berry ³.

But fortune now became adverſe to the Scotiſh auxiliaries; and two ſucceſſive defeats almoſt extinguiſhed them. The firſt happened at Crevan in Burgundy, in the year 1423. [106]Charles VII intended that the Scots ſhould proceed to Cham⯑pagne, and defend that country againſt Saliſbury; but Aubigny laid ſiege to Crevan, and ſent for cannon, which were refuſed as he neglected his orders. Saliſbury advanced to raiſe the ſiege, and an action enſued in which the Scots were defeated: Stuart of Darnley and Aubigny, conſtable of the Scotiſh army, was taken priſoner; and ſoon after exchanged for the marſhal of Burgundy: Sir William Hamilton, and about nine hundred, were left on the field ⁴.

The other defeat, which may be regarded as final, happened in the firſt year of James; but the connexion renders its de⯑ſcription proper at this place. This was the memorable battle of Verneüil in Normandy, fought on the ſeventeenth of Auguſt, 1424. The archbiſhop of Rheims had been ſent embaſſador to Scotland, to procure a reinforcement, which landed in Bretagne; and Douglas, now Duke of Touraine, advanced to raiſe the ſiege of Yvry undertaken by the Engliſh. But the French king learning that a battle muſt be riſqued, before the place was relieved, aſſembled all his troops, and leaving Tours, with Buchan the conſtable, he met his barons at Chateaudun and advanced to Verneüil. Bedford upon this raiſed the ſiege of Yvry, and marched to meet the French and Scots. Arriving near Verneüil, he ſent a herald to Douglas, who had in deriſion called him John with the leaden ſword, informing him that he had come to drink with him, and that [107]he would wait till he had that honour. The Duke of Touraine anſwered that he was moſt welcome; that he had come from Scotland to find him, and he begged him to come quickly. If in theſe minute matters the manner of Plutarch be imitated, it is becauſe it intereſts, and paints men and manners. The battalions were ſoon arranged upon either ſide, and Douglas reſolved not to loſe an advantageous ſtation, but to await the Engliſh: the Vicomte of Narbonne, the French general, unhappily thought otherwiſe, and proceeded with the national raſhneſs which had decided the battles of Creſſy, Poitiers, Azincour. Douglas was forced to follow the example; and the army loſt breath, rank, and ſtation, while the enemy re⯑tained all. The French ſent two thouſand to attack the rear of the foe; but they were defeated by the Engliſh archers, and a general rout enſued. The Duke of Touraine, and his ſon-in-law the conſtable of France, and moſt of the Scotiſh⯑men of note were ſlain: and of the French the Vicomte de Narbonne, the Count D'Aumale, and many other nobles: of common French and Scots fell about four thouſand five hun⯑dred. Douglas was honourably interred in Tours, the capital of his ſhort-lived duchy ⁵. Such was the event of the battle of Verneüil, which ruined the affairs of Charles VII, till about five years after, when the Maid of Orleans began to revive them. The heroic race of Aubigny, and other parti⯑cular families and individuals, were afterwards diſtinguiſhed in the wars of France; but this ruinous conflict effectually prevented any Scotiſh auxiliaries from ever viſiting that king⯑dom in future ⁶.

BOOK IV. CONTAINING THE REIGN OF JAMES I.

Character of James I—parliament—execution of Albany, his ſons, and Lennox—parliament—commercial negotiation with Flanders—parliaments—impriſonment of highland chiefs—repreſentatives for ſhires—treaty with France—inſurrection of Alexander lord of the Iſles—his ſubmiſſion—commercial treaty with Flanders—parliament—truce with England—commotions in the highlands—Engliſh propoſals—heretic burnt—March confined—parliament—death of Mar—Margaret of Scotland wedded to the Dauphin—ſiege of Roxburgh—par⯑liament—aſſaſſination of James.

AFTER two weak and inactive reigns, and two regencies of no ſuperior character, a monarch is to ſucceed, whoſe government is to be diſtinguiſhed for its novelty and vigour; and the houſe of Stuart is at laſt to know a ſovereign. James had now attained his thirtieth year; and his prime of life was yet further recommended by every advantage, which natural talents, and a complete education, could beſtow. In perſon he was rather under the middle ſize, but endued with ſuch firmneſs and agility as to excell in every manly exerciſe. In wreſtling, in the management of the bow, or the ſpear, in throwing the quoit, in running, in horſemanſhip, he yielded to none. But his mental abilities were yet more conſpicuous. [109]A man of ſcience and learning, an excellent poet, a maſter of muſic, the fame of his accompliſhments reflected glory even on the throne. Illuſtrious in every perſonal virtue, free from any perſonal vice, his very amuſements adorned his character; his hours of leiſure being frequently dedicated to elegant writing, and miniature painting, to mechanical arts, and to the cultivation of the garden and the orchard ¹.

The features of his government it is more difficult to diſ⯑criminate. If we believe ſome writers, not leſs than three thouſand men were put to death, in the two firſt years of his reign; and after the inroad of Donald Balloch, three hundred highland banditti met with the ſame fate ². Happily theſe matters are quite unknown to contemporary and authentic monuments of our hiſtory: the juſtice of James fell only on a few nobles, and ſome chiefs of clans; but the numerous de⯑pendants of thoſe victims of equitable ſeverity embraced every occaſion to excite diſcontents, and propagate falſehoods againſt the government, falſehoods which have even paſt into the page of hiſtory, for one of the misfortunes of the houſe of Stuart has conſiſted in the prejudices of ſeveral Scotiſh hiſtorians. If any blame muſt fall, let it fall where it ought, upon the miſ⯑rule of the houſe of Albany. To a people who had lived for half a century under a looſe and delegated government, and who had been accuſtomed to regard licence as liberty, it is no wonder that the puniſhment of crimes ſeemed quite a new and ſtrange cruelty: that a ſalutary ſtrength of government ap⯑peared [110]deſpotiſm: that a neceſſary and legal taxation aſſumed the ſhape of tyrannic extortion. The commons, led by the nobles, abſurdly regarded the cauſe of the latter as their own, and ſaw not that the king in cruſhing the ariſtocracy was doing the moſt eſſential ſervice to his people. The plans of James were ſagacious and profound, but ſometimes incur the charge of temerity; and while they partake of the greatneſs of genius, they are limited by the want of a ſufficient power in the Scotiſh monarchy for their complete execution. In a word James is fully entitled to the uncommon character of a great ſovereign, in the arts of government and of peace ³.

Upon entering his kingdom, Eaſter 23 Apr. James proceeded to Edinburgh, were he keeped the feſtival of Eaſter; and afterwards ad⯑vancing to Scone, 21 May was there ſolemnly crowned with his queen; Murdac duke of Albany, as earl of Fife, performing the cere⯑mony of placing his ſovereign in the throne ⁴. A truce of ſeven years having been previouſly formed with England ⁵, James had full leiſure and opportunity to attend to the internal ſtate of his kingdom; 26 May and a parliament commenced at Perth five days after his coronation ⁶. With the acts of this parlia⯑ment begins the regular ſeries of Scotiſh laws, and a new light ariſes upon a moſt important province of hiſtory, that of go⯑vernment and manners. The reiterated theme of battles, and negotiations, may now be diverſified with more intereſting intelligence, and the arts of peace may afford a pleaſing contraſt to the devaſtations of war. In this national council it was [111]decreed that the antient privileges and freedom of the church be confirmed: that the king's peace be firmly held, and no private wars allowed: that no man ſhould travel with more followers than he could maintain ⁷: that efficient adminiſtrators of law be appointed through all the realm: that no extortions from churchmen, or farmers, in particular be admitted: that the cuſtoms and borough rates be aſſigned to the king, and mines of gold and ſilver under certain reſtrictions: that the clergy ſhall not paſs the ſea without the king's permiſſion, nor have penſions out of benefices in Scotland: that gold and ſilver ſhould not be exported but upon paying a high cuſtom: that all perſons exceeding twelve years of age ſhould be taught archery: that agriculture be protected by the deſtruction of rooks, and by a prevention from ſetting fire to heathy ground while the corn was ſtanding: that certain cuſtoms be raiſed on horſe, cattle, and ſheep, and herrings, and on furs: that inns be kept in every borough; and no beggars allowed, except permitted by the ſheriff in the country, and in towns by the aldermen or bailies ⁸.

Such were the ſalutary regulations of this parliament, many of them beſpeaking political prudence, and others an amiable ſimplicity of manners. But there were two others of remark⯑able import, and therefore reſerved for a ſeparate conſideration. The firſt orders the ſheriffs to enquire what lands belonged to the crown, under the preceding monarchs David II, and the two laſt Roberts, declaring at the ſame time that the king may ſummon the holders to ſhew their charters ⁹. The ſecond impoſes a large ſubſidy, in order to defray the ſum payable to England for the king's maintenance ¹. Though the juſtice of [112]theſe ordinances cannot be queſtioned, yet their policy may. The former, it is believed, produced no effect, except ſuſpi⯑cion, and diſcontent, among a number of the ſubjects: and the latter excited an almoſt univerſal diſſatisfaction. Though a ſubſidy to defray the king's ranſom, if taken priſoner, was one of the few taxes authorized by the feudal ſyſtem, yet the preſent circumſtances did not, to the public mind, juſtify the impoſition. The tax conſiſted of twelve pennies in the pound of all ſorts of production, farms, and annual rents, cattle and grain, whether of the clergy, or of the laity, and to continue for two years. Auditors, or chief receivers, were appointed, who in the firſt year collected about fourteen thouſand marks; but in the ſecond year the popular expoſtulations increaſed and prevailed ². The conſequence was, that the ſum payable for the king's maintenance in England was never defrayed.

It was not to be expected that the uſurpations of the family of Albany ſhould paſs unrevenged; 1425 and James was no ſooner firm on the throne of his anceſtors than he thought of diſ⯑charging this great duty in a ſpirited manner. As their power had continued for a long time, and was deeply rooted in the nation, it was neceſſary to try the public pulſe, an proceed by degrees. Accordingly, in the very commencement of his exerciſe of authority, James had ordered Walter, the eldeſt ſon of the late regent Murdac, into cuſtody; and at the ſame time, probably only to veil his deſigns, and prevent the family of Albany from being regarded as the ſole objects of his reſent⯑ment, Malcom Fleming of Cumbernald, and Thomas Boyd of Kilmarnoc, ſhared the ſame fate, but were ſoon after re⯑leaſed ³. The next objects of impriſonment were Duncan [113]earl of Lennox, father in law to Murdac, and Sir Robert Graham ⁴. At length the public inclination being ſufficiently▪ explored, James ventured on a moſt daring expedient; and ſummoning a parliament to Perth he gave orders to arreſt at once Murdac duke of Albany, 12 Mar. and Alexander Stuart his ſecond ſon, with the earls of Douglas, Angus, March, and not leſs than twenty gentlemen of great anceſtry and power ⁵. As it is certain that the revenge only extended to the houſe of Al⯑bany, and was meant to proceed no further, hiſtorians find ſome difficulty in accounting for the pretext or motive to this large exertion of authority. The pretext might perhaps be, that the priſoners had not complied with the late act of parlia⯑ment in producing their charters; and as moſt of them, if not all, had been warm ſupporters of the family of Albany, the motive appears more certainly to have been the prevention of any inſurrection in favour of that houſe. Inſtantly upon the ſeizure of Albany, the king took poſſeſſion of his caſtles of Falkland in Fife, and Down in Menteith: Murdac was committed to Carlaveroc caſtle, and Iſabella his ducheſs to Tantallon, places remote from the ſeat of their feudal influ⯑ence ⁶.

That the precaution uſed by James, in ſecuring the friends of Albany, was not vain, may appear from the conduct of James Stuart, the youngeſt ſon of the duke. Having eſcaped his intended arreſt, he, with the aſſiſtance of Finlay biſhop of Liſmore or Argyle, raiſed a band of Highland freebooters, aſſaulted and burned the town of Dunbarton, 3 May and put to the ſword Sir John Stuart of Dundonald, uncle to the king, with thirty two men. The monarch, juſtly enraged at this inſult, [114]ordered the ſon of Albany to be proclaimed a felon; and ſo hot was the purſuit that he was forced, with the biſhop and other accomplices, to ſeek refuge in Ireland, whence they never returned. Five of his band being taken in a few days, ſuffered the moſt ignominious and extreme puniſhment of the law ⁷.

After a delay of two months neceſſary to collect ſufficient proofs of Albany's guilt, and to prepare the minds of the people, 18 May James adjourned the parliament to Stirling, and this important trial was inſtituted. The jury conſiſted of twenty one members of parliament, all of whom, as forming only one houſe, were in Scotland regarded as peers ⁸. The judge was the king himſelf, fitting on the throne of juſtice, with all the pomp of royalty; and this uſual practice of the monarch preſiding in his own cauſe may be vindicated from the ancient ideas concerning a jury, who were eſteemed arbitrators of fact and of law, the judge being only the organ of their verdict. It is remarkable that among the jury we find Walter Stuart earl of Athole, Archibald earl of Douglas, William earl of Angus, George earl of March, and three gentlemen who had been arreſted with Albany ⁹. As by the Scotiſh law a majority was ſufficient to condemn a priſoner, this jury ſeems to have been artfully managed, in order to remove any ſuſpicion from the king, and to throw the ſeverity of the verdict upon Albany's own adherents. Walter the regent's eldeſt ſon was firſt tried, found guilty, 24 May and inſtantly beheaded; any delay ſerving no purpoſe in ſuch a caſe but to create danger. Being a man of tall and comely ſtature, eloquent and affable, he was rather regreted. Nor did the vulgar voice leſs commiſerate his brother's gigantic ſhape, the former authority of Albany, the [115]venerable age of Lennox, a nobleman approaching his eightieth year, who were all three executed on the following day ¹. We are left in the dark concerning the oſtenſible grounds of their condemnation; but it is probable that their ſeizure of the royal lands, and property, formed a chief article. The eſtates of Fife, Menteith, and Lennox, with others, thus became the property of the crown, and contributed in ſome degree to compenſate the defalcations, which had happened under the regencies ².

It muſt not be omitted that, in the ſecond parliament of this reign, held at Perth as above mentioned, ſeveral prudent laws were paſſed, for the more effectual puniſhment of thoſe who infringed the acts of the national council ³: for preventing any leagues among the ſubjects, an edict evidently pointing to the preſent circumſtances of Albany's adherents; as does another, puniſhing the receivers of rebels by forfeiture, and another noted ſtatute condemning to death and confiſcation all guilty of propagating falſehoods between the king and the people. Other laws of this aſſembly contain regulations re⯑lating to trade and agriculture, and the adminiſtration of juſtice; on which laſt head it is ordered that all the inferior judges abide by the ſtrict tenor of the law, and that the king may warn them ſo to do, as well thoſe within regalities as others: that if a poor perſon cannot ſee an advocate, the king ſhall provide one: that if the ſovereign pardons, on condition of the damage being compenſated to the plaintiff, conſideration [116]be had of the highlanders who before the king's return were uſed to rob and kill each other, for from them the compenſa⯑tion cannot be raiſed, but from the lowlanders ⁴.

While James was celebrating the anniverſary of his birth at St. Andrews, Aug. attended by Douglas, Mar, Murray, Angus, and other nobles, he gave audience to the Flemiſh embaſſadors who had been deputed to ſettle ſome commercial differences. The Scotiſh merchants had, during the regencies, been treated with great arrogance, nay even letters of marque had been iſſued againſt them, in Flanders, which, with the duke of Burgundy, ſuſtained the Engliſh party againſt France. James had in conſequence ordered the Scotiſh trade to be transferred to Middleburg in Zealand; but upon the offer of compenſation, and enlarged privileges, by the embaſſadors, the commerce was reſtored to Flanders ⁵. As Venice was the grand ſeat of trade between Aſia and Europe, ſo Bruges in Flanders was the commercial link, which connected the merchandize of Venice, and the ſouth of Europe, with its northern countries. Moſt articles of manufacture being alſo imported from Flanders by the Scots, who were yet little verſed in the arts of induſtry, it is no wonder that the Flemiſh were eager to retain a com⯑merce, [117]which was one great cauſe of impoveriſhing Scotland, and contributed not a little to the riches of Flanders.

It is with much complacency that this narration now pro⯑ceeds with the hiſtory of peace, for which ample materials begin with this reign to be found in Scotland. 1426 11 Mar. In a third parliament, it was ordered that all merchants ſhould import ſome armour, and arms, with their cargoes ⁶: that all the lieges ſhould be governed by the laws of the realm, and not by particular laws, or privileges, or by the laws of other countries: that no man, who had accuſed another, ſhould be of the jury on his trial: that the prelates, earls, barons, and freeholders of the king, ſhould appear perſonally in parliament, and not by procurators, except on lawful cauſe: that the books of the law be examined, and reformed: that to ſupport the inns, travellers ſhould lodge in them, and not with friends: that none ſhould paſs into Ireland without licence, as the rebels had been there received, nor ſhould the Iriſh come to Scotland as they might be ſpies for the Engliſh: that a court of ſeſſion be inſtituted, the chancellor, and certain diſcreet perſons of the three eſtates, to ſit thrice a year, for a period of time, and hear all cauſes: that they who have nothing ſhall labour for their living: that the acts of parliament be regiſtered, and copies given to prelates, barons, and burgeſſes, at their expence ⁷. This laſt act was particularly neceſſary, in order to render the parliamentary inſtitutions known, and practical: and after all it is recorded, as an apophthegm of Buchanan, that in Scotland one great act of parliament was wanted, namely a decree to enjoin the ſtrict obſervance of the others. For a chief part of government, though unobſerved by politicians, reſts in the ſpirit of the people: laws are vain [118]without manners: and a nation, accuſtomed to looſe miſrule, regards even law as a part of its licence, as a ſermon and not as a duty, as a ſplendid theory and not as ſolid practice. In a ſpecial aſſize of this parliament, regulations were introduced into weights and meaſures, and proviſions were made againſt the fatal effects of domeſtic fire ⁸. The frequent aſſembling of the national council does great honour to James, for mo⯑narchs inclined to deſpotiſm have ever trembled to meet the repreſentatives of their people; and the acts reflect praiſe on the patriotiſm and the wiſdom of the inſtitutors.

To renew the treaty with Denmark, and adjuſt the debt due to that kingdom for the dereliction of the Hebudes to Alexander III, May the Scotiſh king ſent Sir William Crichton his chamberlain, and two other envoys, to Bergen; where, the debt being completely cleared, an amicable arrangement was ſigned ⁹. 29 July

Another parliament, held in the ſame year ¹, 30 Sept. after ſome regulations concerning trade and agriculture, ordered that every lord beyond the Grampian mountains, in whoſe lands ancient caſtles ſtood, ſhould repair and dwell in them, or at leaſt one of his friends, in order to govern the country and expend the produce in the territory. To give an example James com⯑manded the caſtle of Inverneſs to be repaired ²: and finding that the highland chiefs were ſtrangers to his laws and govern⯑ment, he reſolved to inculcate into their obduracy ſome prin⯑ciples of good order by a ſalutary ſeverity. The Lords of the [119]Iſles in particular, by their conſtant confederacy with England, and repeated inroads, well deſerved a ſignal chaſtiſement. In purſuance of theſe motives, certainly juſt and laudable, the king aſſembled a parliament at Inverneſs in the ſpring, 1427 which the highland chieftains were ſpecially ſummoned to attend; and ſuddenly arreſted Alexander Lord of the Iſles, and his mother the Counteſs of Roſs, Angus Duff leader of four thouſand Mackays of Strathnavern, Kenneth More chief of two thouſand, John Roſs, William Leſley, Angus Moray, and Macmaken, each alſo a chief of two thouſand; and in ſhort about fifty principal heads of lawleſs clans. Two of them, leaders of a thouſand each, were inſtantly tried, condemned, and beheaded; and one, who had murdered the late Lord of the Iſles, was alſo executed in impartial juſtice. The others were ſcattered, as priſoners, among the caſtles of different lords through the kingdom; and after a time ſome were con⯑demned to death, and ſome were reſtored to liberty. The Lord of the Iſles and his mother were retained in captivity till, apparently after a year or more, the former was delivered, while the latter ſeems in vain to have been retained as an hoſtage for his fidelity ³. Such were the proceedings upon this occaſion, which by ſome have been termed ſanguinary; but, if neceſſity be the tyrant's plea, it is alſo that of law and of juſtice. Lenient and conciliatory meaſures would have had the ſame effect as muſic upon the deaf, and could have ſerved no end but to increaſe the pride of theſe chieftains, and to debaſe the laws and the monarchy. Perhaps it might however have proved more political if James, upon the capture of the [120]chiefs, had inſiſted upon receiving their ſons, or neareſt rela⯑tions, as hoſtages; and thus not only have had pledges for their good behaviour, but alſo an opportunity of contributing to civilize the highlands by beſtowing on the future chiefs a proper education: a conduct which might have paſſed into a perpetual rule. But in the choice of difficulties it is almoſt impoſſible to ſeize the exact mean; and if equity enforce the acknowledgement that James was apt to do too much, and too little, the peculiarities of the country, and of the time, muſt come in for a ſhare of the blame.

It was ordered in a parliament, held at Perth, 1 July that thoſe burgeſſes who were ſummoned to parliament, and were abſent without lawful cauſe, ſhould be fined in ten pounds each: that the lawſuits of Scotiſh merchants in Zealand, Flanders, or other foreign countries, be decided in Scotland: and ſeveral acts appear for the puniſhment of murder and felony ⁴.

The next year is diſtinguiſhed by a conſiderable innovation in the Scotiſh conſtitution. 1428 March An act of parliament paſſed that the ſmall barons or freeholders, might diſpenſe with their attendance in the national council, upon appointing two com⯑miſſioners from each ſhire: theſe repreſentatives were to have the privilege of chuſing the ſpeaker of parliament; and the expence of their attendance was to be defrayed by thoſe who formerly owed that duty ⁵. July Another remarkable decree after⯑wards appeared, enjoining the ſucceſſors and heirs of prelates and barons, to take an oath of fidelity to the queen ⁶; an in⯑ſtitution [121]probably pointing to her regency, in caſe of the king's demiſe, and the immaturity of the prince.

Some trifling negotiations had taken place in the preceding year with England, now governed by the duke of Gloceſter and cardinal Beaufort; but James, though indebted to that kingdom for an education excellent and truly royal, to which, and to the ſchool of adverſity, he owed the expanſion of his talents, had yet no reaſon to be ſatisfied with the generoſity, or the friendſhip, of the Engliſh court ⁷. The Scotiſh mo⯑narch was therefore well inclined to follow the former tide of politics towards France, whoſe king Charles VII was ſtill in a moſt reduced ſituation, and nearly overwhelmed by the power of England and Burgundy. Reſolved by every con⯑ceſſion to procure the aid of Scotland, Charles diſpatched the Archbiſhop of Rheims, and John Stuart, Count de Dreux and Lord of Darnley ⁸, for that purpoſe. In conſequence of their inſtructions, the embaſſadors offered to conclude a contract of marriage between Louis the Dauphin, afterwards Louis XI, and Margaret the eldeſt daughter of Scotland, both then in⯑fants, upon condition, that James ſhould ſend ſix thouſand effective men to the aſſiſtance of Charles, being the only dower required. The princeſs was nevertheleſs provided in an in⯑come, and contingencies, as ample and honourable as had been ever granted, upon any royal marriage of France. Such terms could not be refuſed; and the contract was ſigned and ratified. Nay, the two monarchs mutually ſwore to obſerve the former [122]alliances, entered into between their kingdoms: and Charles aſſigned to the Scotiſh king the county of Xaintonge, and Lord⯑ſhip of Rochfort ⁹. The ſix thouſand men were to be ſent when the French fleet arrived to tranſmit them; but the ſtate of affairs, which changed in favour of Charles the following year, rendered the maid of Orleans an object of greater atten⯑tion; to the increaſing proſperity of France the aid was unne⯑ceſſary, and was never ſent, nor demanded; but as no infringe⯑ment could be charged, the treaty of marriage maintained its force, and ſeven years after was fully completed.

The government of England was rather alarmed at this new connexion between Scotland and France, 1429 and an interview was propoſed between James and cardinal Beaufort: the king was to be attended by a thouſand horſe, 10 Feb. and the cardinal ob⯑tained permiſſion from the Engliſh court to meet him either on the borders, or in Scotland ¹. But the interview was appa⯑rently not carried into effect, and was perhaps found to be unneceſſary, as the French alliance did not actually occaſion any infringement of the truce.

The Lord of the Iſles, who had been at laſt ſet at liberty, after many admonitions and injunctions of fidelity, ſoon in⯑dulged his revenge by gathering his lawleſs bands, and burning [123]the town of Inverneſs. James, juſtly enraged, collected an army, and overtook the invader in a marſhy ground near Lochaber; 23 June where the freebooting lord was totally defeated. His force conſiſted of about ten thouſand men, of whom two clans, Chatan and Cameron, on the ſight of the royal ſtandard, acceded to the king ². The Lord of the Iſles, reduced to de⯑ſpair, ſent an embaſſy to entreat peace; which being refuſed, he reſolved to put himſelf entirely in the king's mercy. For which purpoſe he came privately to Edinburgh, and on a ſolemn day, 27 Aug. only attired in his ſhirt and drawers, he before the high altar of Holy Rood Church, upon his knees preſented his drawn ſword to the king, in the preſence of the queen and many nobles. His life was granted, in conſequence of his humble ſubmiſſion; but he was committed to the caſtle of Tantallon, under the care of his nephew the earl of Angus; and his mother, the counteſs of Roſs, to the iſland of Inch Colm in the firth of Forth ³.

A commercial league of one hundred years was entered into between Scotland and Flanders ⁴. The latter country had, in 1384, paſſed to the dominion of the houſe of Burgundy by marriage; and this treaty was concluded with Philip III duke of Burgundy, who in 1430 was to become alſo duke of Brabant, and in 1433 earl of Holland and Hainault; united principalities, which ranked him among the chief potentates of Europe.

Several patriotic regulations were iſſued by the parliament concerning the forms of procedure; 1430 March and a ſumptuary law was [124]paſſed, permitting no men to wear ſilk, or furs, except lords, and knights, and their eldeſt ſons and heirs. The different ſorts of armour, and arms, to be uſed by various ranks of perſons, were accurately preſcribed: and it was ordered that the ſame laws ſhould be obſerved in relation to wrecked veſſels, as were uſed in the countries to which they belonged: and that advocates ſhould ſwear to their belief in the juſtice of the cauſe which they pleaded. All Scotiſhmen, who travel to England without the king's leave, are declared traitors; and, by a re⯑markable decree, all barons and lords, having lands on the weſtern or the northern ſeas, particularly thoſe oppoſite to the iſlands, are enjoined to furniſh a certain number of galleys, according to the terms of their tenures ⁵. The want of a fleet, to keep the iſlands in due ſubordination, muſt have ſug⯑geſted this laſt inſtitution: the policy was laudable, and it muſt be allowed that James attempted more than all his pre⯑deceſſors to join the diſcordant parts of his kingdom in firm and compact union; but this decree, like moſt other Scotiſh acts of parliament, ſeems to have been carefully eluded.

The proſperity of James was further advanced by his be⯑coming the father of male-twins, 16 Oct. one of whom, James, was to aſcend the throne upon the premature death of his father; but Alexander, the firſt-born, died in early infancy ⁶.

The truce with England being on the point of expiration, 1431 1 May was renewed for five years ⁷: and the wiſdom of the Scotiſh monarch preferred to the vain glory of war his patriotic cares for the eſtabliſhment of law and order in his dominions. For [125]unknown cauſes James ordered the Earl of Douglas, and Sir John Kennedy, his own nephews by the maternal ſide, to be impriſoned. Perhaps Douglas had been guilty of ſome private practices with England; or the king wiſhed to ſecure the peace of the ſouth of Scotland, while he was employed in quelling the northern inſurrections, by retaining Douglas its chief leader in captivity. Conjecture wanders in ſuch enquiry; but it is certain that Douglas remained a priſoner till the end of Sep⯑tember this year; when the king in a parliament, held, as uſual, at Perth, conſented, at the requeſt of the queen, nobles, and prelates, to deliver both Douglas and the lord of the Iſles ⁸.

Meanwhile, in ſpite of all the endeavours of James, the highlands remained in a ſtate of conſtant rebellion and ſavage anarchy. In Strathnavern Angus Duff, and Angus Moray, both of them lately delivered from the impriſonment ordered at Inverneſs, met in conflict with twelve hundred men upon either ſide; and ſo fierce was the encounter that hardly nice of the whole were left alive ⁹. Donald Balloch, a relation of the Lord of the Iſles, landed in Lochaber with a conſiderable force; and finding Alexander Stuart Earl of Mar, and Alan Stuart Earl of Caithneſs, ſtationed at Inverlochy, to defend the weſtern coaſt, he attacked them, though leaders of a larger number, and put them to a total rout. Alan, who was the ſon of Walter Earl of Athol, was ſlain, with ſixteen ſquires of his own family, and many others: Alexander, and the remainder eſcaped by flight. Donald, conſcious of the atrocity of his offence, took immediate refuge in Ireland ¹.

[126]Another ſubſidy was attempted to be raiſed this year, in order to ſubdue the northern rebels; but with what ſucceſs it was levied, is not apparent ².

After a ſhort period, 1432 condemned to the ſilence of hiſtory, but which probably paſſed in quieting the commotions in the highlands, of which no further intelligence occurs during this reign, 1433 the ſcene of public affairs again opens. The Engliſh government, ſufficiently alarmed at the declining ſtate of their power in France, became more and more anxious to prevent the now impending completion of the marriage treaty between that kingdom and Scotland: and for this purpoſe ſent Lord Scrope to the court of James, with offers of great advantage. His propoſals were a firm and perpetual peace, and the reſti⯑tution of Roxburgh and Berwick, and every portion of terri⯑tory which Scotland could juſtly claim ³. There is reaſon to believe that the Engliſh were ſincere; but the honour of the king and of the nation, and the mutual intereſts of France and Scotland, were motives momentous enough to cauſe the re⯑jection of even ſuperior terms. The diſcuſſion of this affair ended rather ludicrouſly. Oct. A parliament being called at Perth, the propoſitions were agitated before the king, in the Domi⯑nican Church; and the nobles and prelates ſeemed to accept the terms, ſaying that peace and liberty were the objects of their chief deſire. But the abbots of Scone and Inchcolm, fitter aſſiſtants at a monaſtic diſpute than at a public delibera⯑tion, aſſerted that the Scotiſh king could not treat of peace with England, becauſe of the confederacy with France, which [127]had been examined by the univerſity of Paris, and confirmed by the Pope. Other objections were alſo ſtarted; and the day being waſted in diſcuſſion, it was agreed to reſume the ſubject on the morrow, when John Fogo, abbot of Melroſe, alledged, on the other ſide, that no perſon could abide by the divine laws, who depended on the will of another; and that no king could lawfully ſwear to another that he would not make peace with a third, except by the conſent of the ſecond. Violent altercations among the clergy now aroſe; the parlia⯑ment was transformed into a hall of eccleſiaſtic diſputes; and as ſuch diſputes never decide any thing, the members ſeparated without determination, only the very want of deciſion left the alliance with France in full force; and the Engliſh propoſitions were conſidered as rejected. Lindoris, the inquiſitor, called Fogo to account for his ſentiments, as ſavouring of hereſy; and Fogo retorted by ſeveral epiſtles, but was at laſt forced to make conceſſions ⁴. This ſtrange affair calls to remembrance the latter hiſtory of the Greek empire, when vehement church⯑men ruined the national concerns by idle diſputes; and ſo totally uſeleſs is learning out of its place, that a ſenate of American ſavages, exerting only their plain ſenſe, would have diſcuſſed ſuch a ſubject with far more ability than all the abbots in the world. To complete the abſurdity, the Scotiſh church⯑men gave out that the only intention of England had been to excite ſchiſms and hereſies in Scotland ⁵; as if the very idea of ſuch imbecility could fall within the conception of any political mind.

The clergy had, in the preceding part of this year, exerted their power in a manner yet more blameable. Paul Crawar [128]a German, and a follower of Huſs, having come from Prague to Scotland, where he exerciſed medicine, was called to ac⯑count for his opinions by Lindoris the inquiſitor, condemned, and burnt at St. Andrews ⁶.

James proceeded in his ſchemes of humbling his nobility, 1434 ſchemes too great for his powers of execution ⁷. The earls of March had been long remarkable for their dubious fidelity to Scotland, and repeated ingratitude to its ſovereigns: nor was the memory of the late revolt, and the miſchiefs which it had produced in the preceding reign, eaſily to be extinguiſhed. Having therefore quelled the iſles and highlands, which, as the moſt important office, engaged his firſt cares, the king re⯑ſolved to complete his own power, and that of his kingdom, by removing the family of March from a territory which had been the free gift of a Scotiſh king to an Engliſh exile, and by placing that houſe in a more northern and ſecure part of Scotland. In purſuance of this juſt and prudent plan, James ordered the earl of March to be confined in the caſtle of Edin⯑burgh, and took poſſeſſion of the fortreſs of Dunbar, the chief ſeat of the family ⁸.

A parliament being ſummoned, 1435 10 Jan. two clergymen, and ſeven commons, were appointed to hear and report all cauſes during [129]the ſeſſion ⁹; an inſtitution not explained, but apparently in⯑tended for expediting this particular buſineſs, and quite diſtinct from the committee of lords of the articles, who are known as early as the reign of David II. The king's advocates alledged that the father of March having engaged in open re⯑bellion againſt the kingdom, it was not in the power of Robert duke of Albany the regent, to pardon him, a privilege belong⯑ing to the crown only; but that the eſtates were forfeited: and that, by the laws of Scotland, all alienations of crown-lands, to which deſcription the forfeited eſtates of March be⯑longed, were void, when made during the minority, or cap⯑tivity, of the ſovereign. After a long debate the parliament decreed by the mouth of David Dempſter the ſpeaker, that the eſtates of March were forfeited, and remained a part of the royal property ¹. The king completed his deſign, by im⯑mediately granting to March the earldom of Buchan, which had ſome time before reverted to the crown ². The only other act of this parliament engages all the members to give written promiſes of fidelity to the queen ³: and it ſeems that James was not unaware that his public ſpirited meaſures laid him open to attempts of private revenge: a ſuſpicion, alas, too ſoon to be verified.

A conſiderable property accrued to the crown, by the death of Alexander earl of Mar, a perſonage repeatedly mentioned before. This nobleman had debaſed his youth by bad actions; but, in the latter part of his life, had acquired no ſmall repu⯑tation in foreign wars. Being a natural ſon of Alexander, the fourth ſon of Robert II, his eſtates and effects, as provided [130]by the old Scotiſh laws concerning baſtardy, fell to the king ⁴. There may be a ſurmize that Walter earl of Athole, only ſurviving uncle of the king, being alſo uncle of Mar, who left no ſurviving iſſue ⁵, had entertained ambitious hopes of adding this contiguous earldom to his own, and that of Stra⯑thern, which the king had beſtowed on him eight years before; and that his diſappointment was one incentive to the atrocious murder of his nephew and ſovereign, if he really was con⯑cerned in that crime.

An infringement of the truce happened on the part of England. Sir Robert Ogle younger, in ſupport of one of the rebels againſt James, 10 Sept. entered Scotland with a conſiderable force, and ravaged the country about Halton and Paxton. After a conflict, in which about forty were ſlain, Ogle was defeated, and made priſoner with moſt of his followers, by William earl of Angus, Hepburn of Hailes, and Ramſay of Dalhouſie. 30 Sept. James warmly remonſtrated to the Engliſh court againſt this wanton infraction ⁶.

The dauphin of France having now attained his thirteenth year, 1436 and the Scotiſh princeſs her twelfth, it was reſolved to complete the marriage. Two French envoys arrived, to be⯑troth the bride; and ſhe was ſent to France attended by a ſmall fleet, and an honourable train, of which the chief perſons were William Sinclair earl of Orkney the admiral, and John biſhop of Brechin. The others amounted to ſixteen knights and ſquires, and a hundred and forty young gentlemen: they were guarded [131]by a thouſand armed men, in three galleys, and ſix barges. The Engliſh government, irritated at the rejection of their propoſals, ſent out a fleet of one hundred and eighty veſſels, to intercept the princeſs; and they awaited her appearance in the channel. Meantime a number of Flemiſh merchant ſhips appeared, loaded with wine from Rochelle, which were cap⯑tured by the Engliſh, but a Spaniſh fleet ſuddenly approaching recaptured the prizes. During theſe conteſts, the royal bride arrived ſafe at Rochelle, May being forced to reach that part of France, as the Engliſh and their allies poſſeſſed the north: and a diſpenſation of age being granted by the archbiſhop of Tours as dioceſan, 13 June the marriage was ſoon after ſolemnized. 6 July Though James was, by the feudal law, entitled to a ſubſidy from his people upon this occaſion, yet he had diſcovered from experience their inability, or diſinclination, to pay any tax; and he was contented with the contributions of the principal laity and clergy, which were not a little liberal ⁷.

The unhappy bride had paſſed to a huſband of famed ma⯑lignity; and not all her prudence, her wit, her love of learn⯑ing, her taſte for poetry, her affability, could ſave her from the pangs of domeſtic diſtreſs. After an unfruitful marriage of nine years, her extreme delicacy of mind cauſed her to fall a ſacrifice to a vague word of a villainous courtier ⁸.

Enraged at the manifeſt hoſtility committed by the Engliſh, in the attempt to intercept his daughter, the delay of redreſs for the incurſion of the former year; and probably deſirous of [132]preventing any machinations of his nobility, in conſequence of his vigorous meaſures, James reſolved upon a war with England: a ſtep to which he might alſo have been induced by his treaties with France, now completed by the marriage of the dauphin and Margaret. He ſummoned the whole array of his kingdom, computed at nearly two hundred thouſand men, mounted on ſmall horſes, but not entitled to the appel⯑lation of cavalry, and yet a greater number of rude infantry, and looſe attendants on the army. With this unwieldy force he beſieged Roxburgh; 1 Aug. and after waſting fifteen days, and almoſt all the miſſive arms of the kingdom, he was forced to abandon the ſiege, and return inglorious ⁹. Such is the ac⯑count of our monaſtic hiſtorian, whoſe conſtant warmth in the praiſe of James, juſtifies his candour. Latter writers, upon no authority, ſay that the king diſmiſſed his army be⯑cauſe he heard of a conſpiracy, which would have been the beſt reaſon for retaining it. The real cauſe ſeems to have been that James found that he was conſuming his own king⯑dom by ſo numerous an hoſt, and could not diſmiſs a part, without an affront; or that the ſpirit of the nobles, ſhewn under his ſucceſſors, began to operate in a contempt of the regal authority, and in the ſacrifice of their country to their reſentments.

The laſt parliament of James I met at Edinbugh. 22 Oct. It was de⯑creed that jurymen ſhould ſwear that they had received no bribes: [133]that treſpaſſors may be accuſed at the king's inſtance, though no private proſecutor appear: that, to ſecure the importation of bullion, merchants ſhould bring three ounces of bullion for every ſack of wool exported, and a ſimilar rate for hydes, and Hamburgh barrels: that no perſons be permitted to remain in taverns after nine o'clock at night: that no Engliſh goods be brought into Scotland, and that no Engliſh man import ſuch except by ſpecial permiſſion: that no Scotiſhman ſell ſalmon to the Engliſh, except the latter have ſafe conduct and pay Engliſh gold: that no Scotiſhman buy wine of certain Flemings in Scotland: that no perſon be permitted to remove gold, ſilver, or jewels, out of Scotland ¹. The commercial regulations ſeem more calculated to fetter, than to encourage, trade; but it was long before the real ſpirit of commerce was underſtood, even in more enlightened countries.

The cruel terminating ſcene of the life of James approaches. 1437 A very minute, and intereſting, account of this melancholy tranſaction is contained in a manuſcript of the period, hitherto unknown to our hiſtorians, and which ſhall be here followed ²; and it is hoped that the ſingularity, and importance, of the ſcene will afford a ſufficient excuſe for a degree of prolixity.

Sir Robert Graham uncle of the earl of Strathern, after⯑wards of Menteith, had been impriſoned in 1425, as is above mentioned, but the cauſe is unknown. Two years afterwards James had reſumed the earldom of Strathern, upon pretext, as ſeems, that it was confined to heirs male; and had given it to his uncle Walter earl of Athole for his life: aſſigning, in recompence, that of Menteith to Malis Graham, the former [134]earl of Strathern ³. Robert Graham may have been diſcon⯑tented at this exchange of his nephew's dignity; but it is not eaſy to conceive that his wrath upon this account could have excited him to the murder of his ſovereign, and far leſs that he could have wiſhed to ſerve the ambition of Athole, to whom his nephew's former earldom had paſſed. The art of this man ſeems to have equalled his audacity; and he muſt have in⯑ſtigated Athole, now approaching, if not exceeding, his ſeventieth year ⁴, to this conſpiracy by ambitious views, only fit to captivate the dotage of age, or inexperience of youth, and inſpired by Graham ſolely to promote his own deſperate revenge. This idea is favoured by the following narration, which alſo explains the violent cauſes which inflamed this aſſaſſin: but it would be neither a matter of paradox, nor blame, to infer that Athole, and his family, were really innocent; and that they were accuſed by Graham to gratify his animoſity, be⯑cauſe Athole held his nephew's eſtates and dignity. It ſhall only be further premiſed that Sir Robert Stuart, grandſon of Athole, on whom the conſpirators pretended to beſtow the crown, was the ſon of David, eldeſt ſon of that earl, left an hoſtage in England for James, ever ſince his arrival in his kingdom; and who apparently died there either before this period, or ſoon after.

According to this ancient relation, James had diſcontented his nobles by his vigorous procedure againſt them; and they aſſerted that his avarice of confiſcated eſtates, and not his juſtice, induced him to ſuch actions. The people were alſo diſpleaſed becauſe of the ſubſidies impoſed, to which they had [135]long been ſtrangers; and were even inclined to pronounce his government tyrannic. In this poſture of affairs, and probably in the year 1434, after March had been confined, and his eſtates ſeized, Sir Robert Graham, now delivered from his firſt impriſonment, and irritated by that diſgrace, propoſed, in a meeting of the lords and chief men, that he would repreſent their grievances to the king, if they would ſupport him. As he was eloquent, and verſed in the laws, they willingly aſ⯑ſented. Accordingly, in the next parliament, or that held for the forfeiture of March in January 1435, Graham's violence led him to exceed his commiſſion; for he roſe with an enraged countenance, and approaching the royal ſeat, laid his hand on the king, ſaying, "I arreſt you in the name of all the three eſtates of your realm, here aſſembled in parliament; for, as your people have ſworn to obey you, ſo are you conſtrained by an equal oath to govern by law, and not to wrong your ſubjects, but in juſtice to maintain and defend them." Then turning around, he exclaimed, "Is it not thus as I ſay?" But the mem⯑bers, ſtruck with conſternation at Graham's raſhneſs, remained in profound ſilence: and the king inſtantly ordered the auda⯑cious cenſor to priſon, to which he was conveyed, after a ſevere ſarcaſm on the meanneſs of ſpirit, ſhewn by thoſe who had promiſed to ſupport him. Soon after Graham was ordered into baniſhment; and all his poſſeſſions forfeited to the king.

The bold and gloomy exile retired into the furtheſt high⯑lands, meditating revenge: and he had even the audacity formally to renounce his allegiance, and to ſend a defiance to the king in writing, aſſerting that James had ruined him, his wife, and children, and poſſeſſions, by his cruel tyranny; and that he ſhould kill his ſovereign with his own hand, if occaſion offered. Upon this a proclamation was made, promiſing three thouſand demies of gold, each worth half an Engliſh noble, [136]to any perſon who ſhould bring in Graham dead or alive. Meantime that ardent ſpirit was employed in digeſting his ſcheme, and he ſent meſſages to ſeveral of the members of par⯑liament, during its ſeſſion in October 1436, offering to aſſaſ⯑ſinate the king, and beſtow the crown on Sir Robert Stuart, Athole's grandſon, nephew and favorite of James.

The court held the feſtival of Chriſtmas at Perth; and the contemporary narrative details ſome popular ſtories concerning omens, which happened to James. The worſt omen was his vigorous adminiſtration, which had created many enemies; among whom the conſpiracy ſpread, like a fire among com⯑buſtible materials, and had even reached the moſt intimate attendants of the palace, without exciting any ſuſpicion. Thrice did Chriſtopher Chambers, one of the traitors, and who had been a ſquire of the duke of Albany, approach the royal preſence, to diſcloſe the plot; and as often did he fail, from accident, or from a miſtaken ſenſe of honour, or pity to his aſſociates.

At length the conſpiracy being fully ripened, 20 Feb. a night was fixed for its execution; being that of the ſecond wedneſday in lent, according to Monſtrelet, or the twenty ſeventh day of February in the year one thouſand four hundred and thirty-ſeven; but that of the firſt wedneſday in lent, between the twentieth and twenty firſt day of that month, by the account of Bowar, which deſerves the preference ⁵. The earl of [137]Athole, and Sir Robert Stuart, were at the court that evening, which was paſſed before ſupper, and after to a late hour, in the amuſements of the time, in playing at cheſs and tables, reading romances, ſinging and muſic. An Iriſh or highland woman, pretending to magic, who had long before given the king a hint of the plot, and had only met with laughter, again came to unfold it; but was referred till the morrow, as the king was buſy at play. An hour after, James called for the parting cup; and he and the company drank, and withdrew. Sir Robert Stuart, private chamberlain to the king, and his chief favourite, is accuſed of ſpoiling the locks of the royal chambers, to prevent their being ſhut, and even of laying boards acroſs a deep ditch, that environed the garden of the Dominican monaſtery at Perth, where James was now lodged, in order to enable the conſpirators to paſs: but theſe offices ſeem to belong to meaner aſſociates, and the guilt of Athole and his grandſon is doubtful. After midnight, Graham with about three hundred perſons, moſtly raiſed in the highlands as may be inferred, entered the garden. The king was now in his bed-chamber, ſtanding before the fire, only dreſſed in his night-gown, and converſing gayly with the queen and her ladies, when, juſt as he threw off his night-gown to go to bed, he heard a great noiſe, as of men in armour, crouding and claſhing together, and perceived a blaze of torches. Suſ⯑picions of treaſon inſtantly ariſing, the queen and ladies ran to the chamber-door, but could not faſten it, the locks being ſpoiled: and the king requeſting them, if poſſible, to keep the door ſhut, attempted to eſcape by the windows, but found them cloſely barred with iron. Perceiving no other refuge, he with the fire-tongs and an exertion of ſtrength, tore up a board of the chamber-floor, and letting himſelf down dropped the board above him. He was now in one of theſe incom⯑modious [138]neceſſaries, uſual in old edifices; but ſtill could not eſcape outward, for, by a ſad fatality, a ſquare aperture in the place had been filled with ſtone, only three days before, by the king's command, becauſe the balls were apt to enter it, when he played at tennis. Nevertheleſs he might here have remained ſafe, had not his own impatience betrayed him.

Meanwhile the traitors burſt open the chamber-door, and ſeveral of the ladies were hurt; particularly, as our hiſtorians ſay, Catherine Douglas, who, with a ſpirit worthy of her name, had her arm broken, by thruſting it into the ſtaple inſtead of a bar. The ladies ſhrieking with horror, fled to the furtheſt corner of the room; but the queen was ſo ex⯑tremely agitated that ſhe ſtood without power of ſpeech, or motion, and a villain baſely wounded, and would have ſlain, her, had not a ſon of Graham interfered, ſaying, "What will will you do, for ſhame of yourſelf, to the queen? She is but a woman. Let us go and ſeek the king." The queen was then permitted to withdraw; while the ladies remained loſt in tears and conſternation.

The traitors ſought the king in every part of the chamber, and another adjoining, without ſucceſs. Moſt of them had gone to extend their ſearch, and a temporary quiet ſucceeded, when the king moſt unhappily, after having heard no noiſe for ſome time, and thinking that the conſpirators were gone, called to the ladies to bring ſheets, and draw him up from his uncomfortable concealment. In the attempt Elizabeth Douglas fell down into the place, and Chambers, one of the aſſaſſins, entering with a torch, perceived the king and the lady, and called to his fellows, with ſavage merriment; "Sirs, the bride is found, for whom we have ſought, and caroled all night." Upon this, another traitor, Sir John Hall, leaped down with a dagger in his hand; but the king ſeized him be⯑hind, [139]and threw him under his feet. Hall's brother met with the ſame chance: yet the king in vain tried to wreſt a dagger from either, and only wounded his hands, and rendered him⯑ſelf incapable of further defence. Graham himſelf now en⯑tered the king's retreat, who requeſted his mercy; but Graham exclaimed, "Thou cruel tyrant, thou never hadſt mercy upon thy noble kindred, nor others, ſo expect none." James ſaid, "I beſeech thee that, for my ſoul's ſalvation, thou wilt let me have a confeſſor." But Graham retorted, "Thou ſhalt have no confeſſor but this ſword;" and ſtabbed the king, who in vain cried for mercy, and offered half his kingdom for his life. The aſſaſſin, ſomewhat relenting, was about to with⯑draw, when his comrades above deſired him to complete their intention, elſe he ſhould himſelf encounter death at their hands. Graham, and the two Halls, then accompliſhed the horrid deed by multiplied wounds.

Thus periſhed James I in the forty-fourth year of his age, and the thirty-firſt of his nominal reign, but only the thirteenth of his active authority.

Not ſatiated with the murder of their monarch, the aſſaſſins ſought the queen, fearing her revenge; but ſhe had now eſcaped. The rumour at length reaching the outer court, where the ſervants were lodged, and thence the town itſelf, numbers approached with arms and torches, upon which the conſpirators haſtily withdrew. Sir David Dunbar, arriving alone, attacked them, ſlew one, and wounded another, but was overpowered and left diſabled. Straiton, a page, was ſlain: and the band made good their retreat to the highlands, only regreting that the queen had been ſaved, whoſe vengeance they dreaded. Nor without cauſe; for, in leſs than a month, all the chief actors were in jail.

[140]The firſt taken were Sir Robert Stuart, and Chriſtopher Chambers: who were executed with cruel tortures at Edin⯑burgh, and the former's confeſſion of guilt may have been forced from his pangs. Athole was taken by Angus, tried and condemned; 31 Mar. but Eaſter approaching, the croſs, upon which his grandſon had been tormented, was taken down, as unbecoming that ſolemnity; and he was faſtened to a pillar, with a paper crown upon his head, thrice inſcribed with the term Traitor. Antony biſhop of Urbino, the papal legate in Scotland, heard the confeſſions of Stuart, and Athole ⁶. The latter aſſerted his innocence; but ſaid that his grandſon had propoſed the conſpiracy, from which he had diſſuaded him, and underſtood that he had ſucceeded. It might be ſaid that Stuart having been forced by torture to confeſs guilt, Athole was of courſe obliged to accord with his grandſon's teſtimony; [141]for it is difficult to conceive that Stuart could have been guilty of ſuch black ingratitude to his beneficent ſovereign, and of ſuch a total ſacrifice of common prudence, as to engage in this conſpiracy, from which to expect the diadem muſt have been the infatuation of frenzy. But Graham's art may have practiſed upon his youth, and weakneſs, to this degree; and the evidence of his guilt at laſt rather preponderates. As to Athole, his hoary head might well have been ſaved: the laws concerning miſpriſion of treaſon are moſt ſevere, calling for a ſacrifice of kindred, of friendſhip, and of human nature: his grandſon's ſcheme he ſeems to have regarded as too wild for any man of common underſtanding to attempt; and was he, for what he expected to paſs as idle diſcourſe, to proclaim his grandſon a madman, or a traitor, and to ruin his poſterity? But to leave this diſcuſſion, the aged earl was beheaded at Edinburgh; and his head was fixed upon a ſpear, encircled with a crown of iron.

Graham, and many others of the traitors, were tortured, and put to death, at Stirling. The daring chief of the aſſaſſins had the inſolence to plead that, having renounced his allegi⯑ance under his hand and ſeal, he had a right to kill the king, as his mortal enemy: nay he addreſſed his judges, and the ſpectators, aſſuring them that they ſhould ſoon pray for his ſoul, as one to whom they were indebted for their deliverance from a tyrant. Nor was his courage leſs than his dark fana⯑ticiſm of vengeance, as appeared from the ſpirit with which he bore his horrid torments. Some of the aſſociates aſſerted that they knew not even the nature of the conſpiracy, but had been prevailed on to join the party, upon pretence that the in⯑tention was only to carry off a young lady of the court, whom Sir Robert Stuart was to marry: a circumſtance apparently alluded to in the expreſſions of Chambers abovementioned. [142]The ſon of Graham, Thomas Hall, and Chambers, are parti⯑cularly mentioned among the victims; and the latter would expreſs no repentance for the king's death. This full and minute relation is given, not only as preſenting all the circum⯑ſtances of an important event, but as it ſerves to correct ſome miſtakes of former writers.

James left only one ſon, his ſucceſſor; but his female iſſue conſiſted of not leſs than five daughters; Margaret married to the Dauphin; Iſabel to Francis duke of Bretagne; Eleanor to Sigiſmund archduke of Auſtria; Mary to the count de Boucquan, ſon of the lord of Campvere; Jean to the earl of Angus, and afterwards to the earl of Morton ⁷.

BOOK V. A RETROSPECT OF THE STATE OF SCOTLAND, DURING THE REIGNS OF ROBERT II, AND III, AND JAMES I.

Sect. 1. State of the people, and of civilization—2. Government, laws, tactics—3. Agriculture, uſeful arts—4. Commerce, money, navigation—5. Eccleſiaſtic hiſtory, literature, language—6. Ornamental arts, manners, dreſs.

BOOK VI. CONTAINING THE REIGN OF JAMES II.

Minority and regency—truce with England—Crichton, Livingſ⯑ton, and Douglas—marriage of the queen dowager—execution of Douglas—marriage treaty with Bretagne—power of Douglas—fall of Crichton and Livingſton—death of the dauphineſs, and the queen dowager—execution of Livingſton—Engliſh in⯑curſions—battle of Sark—marriage of James, his character and active authority—parliament—affairs with Douglas—his treaſons—murder of Maclellan—Douglas ſtabbed by the king—commotions allayed—tranquillity—univerſity of Glaſgow founded—grand rebellion of Douglas—quelled—conflict at Ar⯑kinholm—death of Moray and Ormond—parliament—James invades England—truce—parliament—ſiege of Roxburgh—death of James.

OF the reign, 1437 now about to be deſcribed, no original and authentic hiſtory remains; and at a period when we might expect a light ſo ſtrong, as to illuminate the minuteſt features of action, and of character, a kind of twilight ſur⯑rounds us, in which only a few large objects can be diſcerned. The acts of parliament, and other records, preſent unqueſ⯑tionable evidence; but it is not in the fixed formality of ſuch writings that the moſt intereſting details of hiſtory are to be found; and any regular epiſtolary correſpondence concerning [187]public affairs Scotland cannot diſplay, till towards the end of the reign of James IV. Theſe remarks are introduced to ſolicit ſome indulgence for this particular part of the narra⯑tion; in which however no labour ſhall be ſpared to recover authentic facts, and to place them in a diſtinct point of view ¹.

A parliament being called at Edinburgh,25 Mar. the firſt object was the coronation of the young king, now only in the ſixth year of his age, and which was ſolemnized on the twenty-fifth day of March, then reputed the firſt day of a new year ²: the next, was an act paſſed to revoke al alienations of lands, or other property, belonging to the crown, ſince the death of the late king, except granted by the conſent of the three ſtates; and to declare all future alienations void, ſave thoſe warranted in like manner, until the king ſhall have attained his twenty-firſt year ³.

[188]In our defect of conſtitutional information it is not to be diſcovered by whom this parliament was ſummoned. Late writers aſſert that this high privilege was exerted by the officers of ſtate; but their duty certainly expired with the deceaſed ſovereign, and the ſacred truth that ſuch officers belong to the nation is a modern diſcovery. The ſame authors careleſsly inform us that the government was divided, by the parliament, between Sir William Crichton the chancellor, and Sir Alex⯑ander Livingſton appointed keeper of the king's perſon. Both accounts ſeem more than doubtful. There is every reaſon to believe, from the repeated oaths of fidelity ordered by James I to be taken to his queen, and from other circumſtances, that the late monarch had, by his teſtament, appointed the queen regent, with a choſen council ⁴: that the parliament was called by the regency: and that Crichton and Livingſton were not [189]indebted to the national council for their power, but derived it from the will of James I. It is moſt improbable that a proud ariſtocracy ſhould have forſaken their pretenſions, upon this great occaſion: but that the late king ſhould have appointed two gentlemen of reputed wiſdom and integrity, in oppoſition to the dangerous ambition of the nobles, is concordant with his character, and highly credible. A ſimilar ſeries of events enſued to thoſe which occur in the minority of James V: the ſpirit of the nation, and of the times, was little adapted to the conduct of a female hand, not only feeble, but expoſed to juſt ſuſpicion, becauſe the queen was a native of England, between which country and Scotland had long ſubſiſted either open enmity, or inveterate jealouſy. Finding that her power could not command confidence, nor influence, ſhe ſoon ſhrunk from it; and left Crichton and Livingſton to maintain their turbulent elevation.

An open war with England had taken place before the death of James I, and the ſpirit of that prince was not ſuch as to ſolicit peace; but the preſent ſtate of Scotland, under the diſtractions of a minority, rendered a treaty deſireable. After ſome negotiation, 18 Sept. a ſafe conduct was granted, by Henry VI, to John biſhop of Glaſgow, Alexander Seton of Gordon, Sir Walter Ogilvy, and Sir John Forſter, as embaſſadors from Scotland ⁵: yet, from ſome unknown cauſe, probably a diſ⯑ſenſion between Crichton and Livingſton, theſe embaſſadors were not ſent. 30 Nov. Soon after, other perſons were appointed, namely the lords Gordon and Montgomery, Methven provoſt [190]of Lincluden, 1438 31 Mar. ſecretary to the king, and John Vaus eſquire; and a truce of nine years was ſanctioned ⁶.

If we credit the doubtful accounts which we have of this reign, Crichton had found means, probably by the ſuperior influence of his office, as chancellor, to gain poſſeſſion of the infant king, whom he retained in the caſtle of Edinburgh. The queen, favouring the juſt claim of Livingſton, by a ſtra⯑tagem obtained, and conveyed her ſon to Stirling, and delivered him to the care of his legal guardian. The chancellor applied to Archibald earl of Douglas for his aſſiſtance, which was de⯑nied: Livingſton inveſted the caſtle of Edinburgh; but he and the chancellor agreeing to join againſt Douglas, concord was reſtored ⁷.

There cannot be a ſtronger proof of the ignorance of our carlier writers, concerning this reign, than their aſſertion that the powerful earl of Douglas was neglected, while it is known, from authentic records, that he held the high office of lieute⯑nant general of the kingdom, 27 Nov. and even ſummoned a parlia⯑ment ⁸. In another national aſſembly it was ordered that the lord lieutenant, 1439 13 Mar. and the king's choſen council, ſhould hold two ſeſſions yearly for the adminiſtration of juſtice: and that the lord lieutenant ſhould ſeize any rebels, or deſpoilers, lodged in caſtles, or ſtrongholds, and enforce them to find ſurety for their good behaviour ⁹. But Archibald earl of Douglas died this year; and was ſucceeded by his ſon, a youth whoſe years [191]did not exceed fourteen, 1439 and were too immature to ſupport the dignities of his father ¹.

Meantime petty feuds and commotions deſtroyed the public peace and welfare: the flood of ariſtocratic tyranny and vio⯑lence, which had been confined by the ſtern government of James I, burſt the temporary barriers, and deluged the country.

Joanna, the queen-mother, married Sir James Stuart, com⯑monly called the Black knight of Lorn: the barbariſm of the age rendering it unſafe for a woman of rank to remain without the protection of a warlike huſband. But Sir James Stuart being a friend to the family of Douglas, as is ſaid, Livingſton confined him, and his elder brother, and even the queen, till they engaged not to ſupport the houſe of Douglas. 1440 The fruit of Livingſton's inſolence was that the chancellor, by another ſtratagem, recovered the poſſeſſion of the king's perſon, and conveyed him to Edinburgh. But, by the mediation of friends, a laſting agreement was at length formed between them; and the king was committed to Livingſton's care, as ordered by his deceaſed father ².

[192]However this be, it is certain that a parliament was held at Stirling ³,2 Aug. in which it was decreed that the privileges of the clergy ſhould be obſerved: that the adminiſtrators of juſtice ſhould hold their ſeſſions twice a year: and, by a remarkable act, that "the king ſhould ride through the realm, imme⯑diately upon intelligence being ſent to his council, wherever any rebellion, ſlaughter, burning, robbery, outrage, or theft, happened; to call the ſheriff of the ſhire, wherein the crime was committed, before him, and before he leaves the ſhire to remedy the miſchief and puniſh the offenders; in the execu⯑tion of which ordinance all the barons, with one aſſent, are obliged to aſſiſt ⁴." In this ſingular decree we find the legiſ⯑lative body regarding the king in the modern light of a chief magiſtrate, bound equally with the meaneſt ſubject to an obe⯑dience to the laws: yet it may be ſuſpected that this new ſtyle, uſed by the parliament, flowed from temporary circumſtances, and not from fixed principles of the conſtitution; the nonage of the king evidently pointing the act to thoſe who had the cuſtody of his perſon, as implying that the ſovereign was not to be the priſoner of an individual, but the free inſpector of his kingdom at large.

The power of the houſe of Douglas had ariſen to a formi⯑dable height, and was during this reign to contend with the royal authority. Galloway, Annandale, and other extenſive territories in Scotland, the duchy of Touraine and lordſhip of Longueville in France, rendered to the chief of that family revenues perhaps equivalent to thoſe of the Scotiſh monarch. The young earl, now in his ſixteenth year, poſſeſſed the im⯑petuous ſpirit, and haughtineſs, natural to his age and fortunes. [193]His higheſt title, that of duke of Touraine ⁵, which a weak regency had permitted the houſe to aſſume, and which impolicy had not applied to the French king to diſcontinue, emboldened the Douglas to regard himſelf as a foreign prince, independent of the laws of his country. The prudence of age might have induced a concealment of pomp, and power, from the fear of envy, and danger; but, in the arrogance of youth, William earl of Douglas diſplayed a conſtant train of one thouſand horſe, and a dazzling magnificence in his houſehold; nay he would even create knights, and hold courts in imitation of parliaments ⁶.

The chancellor, who, by his office, was chiefly charged to ſee the due execution of the laws, was irritated at the inſults offered to them by the power of Douglas. Inſtead of bearing with the young earl's inſolence, in the hopes that a few years would infuſe moderation and prudence into his conduct; in⯑ſtead of ſecretly uſing the king's influence with the court of France, that the foreign titles and poſſeſſions might be with⯑drawn from the family, Crichton reſolved to cut off the earl, and his brother; a meaſure which might perhaps have admit⯑ted ſome apology, had they been advanced to maturer age, for it ſeems ſtrictly equitable that an oppreſſor, who is above the procedure of juſtice, may be ſacrificed to the laws, with⯑out any procedure of juſtice; but which, while we conſider the tender age of the offenders, muſt be pronounced unjuſt, murderous, and tyrannical. Nay when the conſequences are [194]ſeen, this act will appear weak and impolitic, and will incur the bittereſt charge of depravity, that of ineffectual guilt.

By plauſible invitations, and flatteries, William earl of Douglas, his brother David, and Malcom Fleming of Cum⯑bernauld, a faithful adherent of the family, were inveigled into the caſtle of Edinburgh, and after an inſidious entertain⯑ment, and a brief and deluſory trial, were beheaded ⁷. The earldom of Douglas fell to the next male heir, James lord of Abercorn, ſurnamed the Groſs, a prudent and peaceable man, but who unfortunately enjoyed his title only two years, and left a turbulent ſon William, the third of that name: the un⯑entailed eſtates of Galloway, Wigton, Balvenie, Ormond, and Annandale, were inherited by Margaret, ſiſter of the murdered earl, commonly called The Fair Maid of Galloway, who wed⯑ded her couſin the third William, thereby reſtoring the houſe of Douglas to all its power ⁸. The want of wiſdom in the government, upon this occaſion, exceeds belief; but it is eaſier to commit a murder, than to perform an action of common prudence, and crime ought never to infer ability. Margaret was apparently a ward of the crown; at any rate the new earl [195]William, and the heireſs, were within the degrees of conſan⯑guinity, and he was forced to apply ſecretly to the pope for a diſpenſation, which not arriving ſo ſpeedily as he hoped he married her on Good Friday, in the time of Lent, a day and period eſteemed as unlawful as the marriage ⁹. The oppoſition to this connection ought to have been cogent, the pretexts for annulling it were juſt: but for this unaccountable neglect the regency, the nation, the king, were afterwards ſufficiently to ſuffer.

An embaſſy arrived from Bretagne, 1441 to propoſe a marriage between Francis count de Montfort, ſon and heir of John V ſurnamed the Good and Wiſe, and Iſabella of Scotland ſiſter to the king ¹. The propoſals were favourably heard; and Sir George Crichton admiral of Scotland ², Foulis archdeacon of St. Andrews, and William Monipeny eſquire, who was after⯑wards [196]employed in many negotiations, proceeded to Bretagne to complete the tranſaction.19 July It was ſoon after ſettled that James ſhould pay with his ſiſter a portion of one hundred thouſand ſaluts of gold; and the duke of Bretagne agreed to a dower of ſix thouſand livres ³. Her voyage was, from un⯑known cauſes, delayed till the following year.

The truce with England, 1442 which would have expired in 1447, was, by anticipation, extended for ſeven years longer, till the firſt day of May 1454 ⁴. Iſabella ſiſter to the king proceeded to Bretagne, Nov. where ſhe was wedded to he new duke Francis I ⁵.

Sir William Ruthven, ſheriff of Perth, 1443 conveying an high⯑land freebooter to juſtice, was attacked by a body of Athole men, led by one Gormac, but by the ſpirit of Ruthven, and ſome gentlemen in his company, the aſſailants were defeated, and about thirty ſlain ⁶. 4 Nov. A parliament was held at Stirling: of its proceedings we only know that an act was paſſed, to ſe⯑cure the property of the church againſt deſpoilers ⁷. Some doubts having ariſen concerning the ſucceſſion to the important [197]earldom of Orkney, 1443 Thomas of Tholac, the biſhop, made a formal report on the ſubject to Chriſtopher III, king of Den⯑mark Sweden and Norway, in which the right of the houſe of Sinclair is evinced ⁸.

The king now approached his fourteenth year, 1444 when, by the uſage of moſt kingdoms, he was regarded as capable of managing his affairs: the perturbation of a minority, flattery, and the danger of oppoſing the royal will, as ſoon as the ſlighteſt degree of manly thought appears, concurring to ſup⯑poſe in princes, whoſe ſtation is the moſt difficult, a far more early diſcretion than is to be found in the common ranks of mankind. That reign muſt indeed be very weak, which tranſcends not the inefficacy, and diſturbances of a regency. By the common courſe of human affairs, the young king de⯑teſted the control of Livingſton and Crichton; and the nu⯑merous friends of the houſe of Douglas were ſucceſsful in ſharpening his reſentment againſt thoſe ſtern guardians, who had held him in captivity, and in turning his affections to the earl of Douglas, whoſe youth was more congenial with that of the king, and whoſe power could irreſiſtibly enforce the royal deſigns. It is ſaid that Galbraith, a partiſan of Douglas, having ſlain Semple deputy governor of Dunbarton caſtle, and ſeized the whole command of that fortreſs, Douglas became anxious for the event, and proceeding to the king's preſence, put himſelf wholly in the power of James, with profeſſions and oaths of the humbleſt fidelity: and that the monarch, de⯑lighted with his ſubmiſſion and behaviour, admitted him to his [198]moſt choſen counſels ⁹. However this be, it is certain that the office of chancellor was now taken from Crichton, and conferred upon James Bruce biſhop of Dunkeld ¹. Crichton ſhut himſelf up in the caſtle of Edinburgh, of which he had been governor ſince the late reign, with a reſolution to defend himſelf againſt the violence of his enemies: and Livingſton, who was leſs obnoxious, either by office or crimes, held the caſtle of Stirling. Douglas uſed his new power with an ex⯑ceſs, dangerous to the king, and to himſelf. In a ſhort time all the followers of the late adminiſtration were diſplaced, and ſucceſſors devoted to the preſent miniſtry were appointed: three brothers of Douglas ſoon became peers ². Archibald, by marrying the younger daughter of James Dunbar, earl of Moray, acquired that title and eſtate, upon the death of his father-in-law, to the prejudice of the chancellor's eldeſt ſon James, who had wedded the elder daughter ³. Hugh was created earl of Ormond; and John lord of Balveny ⁴. This acceſſion of power to a family, before too potent, was the height of impolicy, and could only be granted by a youth to a favourite.

Douglas procured a parliament to be held, 1445 in which Crich⯑ton and Livingſton were denounced rebels, and their eſtates [199]forfeited. The caſtle of Crichton was taken, and deſtroyed; and, in revenge, the late chancellor made excurſions from the caſtle of Edinburgh, and ravaged the lands in Lothian be⯑longing to Douglas. The Kingdom fell into complete anar⯑chy, and became one ſcene of violence and diſorder ⁵.

James was induced to beſiege the caſtle of Edinburgh, which was bravely defended by Crichton ⁶, who had indeed no reaſon to regard the royal army but as that of Douglas. The ſiege was turned into a blockade, and continued till the next year.

Eleanor and Jane, the two unmarried ſiſters of James, pro⯑ceeded to France, to their ſiſter the dauphineſs, apparently on the death of the queen-mother ⁷; for Scotland was in a ſtate of lawleſs confuſion; and there was reaſon for apprehenſion, that Douglas would convert he princely bridals into a further ac⯑ceſſion of power to his family. Upon their arrival, they found the dauphineſs dead ⁸: 16 Aug. but the French monarch received them [200]with great affection, and demanded a diſpenſation for marrying the elder to the dauphin, which being refuſed by the pope, [201]ſhe was many years after wedded to Sigiſmund duke of Auſ⯑tria: and Jane returned to her own country ⁹. The queen-mother who died this year, left three ſons by her ſecond huſ⯑band, John, and James, afterwards earls of Athole, and Buchan; and Andrew, who became biſhop of Moray ¹.

Meanwhile the diſorders of the country encreaſed, under the miſmanagement of Douglas, and cauſed even the regency of Crichton and Livingſton to be regreted. Among the petty feuds, commemorated in our dubious annals, a diſcord of more importance is introduced. A diſpute ariſing between Lindſay ſon of the earl of Crawford, and Ogilby of Innerquharity, the former was joined by his father, the latter by the earl of Huntley, and a deſperate conflict enſued. Crawford, Hunt⯑ley, and Ogilby, were ſlain, with many other gentlemen, and near two hundred of their followers ².

Crichton at length ſurrendered the caſtle of Edinburgh, 1446 upon terms highly advantageous to himſelf, for his eſtates, and honours, and even his office, were to be reſtored; and the conditions were ſtrictly adhered to ³. Several reaſons ap⯑pear [202]to have induced the king and Douglas to ſuch conceſſions: it was probably now diſcovered by both that the aged experi⯑ence, and abilities, of Crichton were neceſſary to give ſome ſtability, and order, to government, and reſtore greater reſpect to the laws. Douglas ſeems to have found that, by graſping all, he would loſe all; and that the acceſſion of Crichton's talents, and fame, would much ſtrengthen the power of his adminiſtration. It alſo appears that Crichton had never been cordially united with Livingſton, but had from neceſſity only conſented to concord; and now when the death of the queen-mother had left Livingſton deſtitute of ſtrong influence, he ungenerouſly made his peace with Douglas, by the ſacrifice of his colleague. It has ſurpriſed ſome that Douglas ſatiated his revenge upon Livingſton and his family, who were innocent of the murder of his two relations; and that Crichton was never charged with that aſſaſſination: but it is reaſonable to infer that there were powerful motives for this conduct; the king himſelf had been preſent at the murder, and in the jealouſy of his authority might conſider it as a matter rather too delicate for diſcuſſion; Douglas might have had little in⯑clination to condemn an action, which laid the foundation of his power; and the intention of which was perhaps not un⯑known to his father, who might otherwiſe have immediately inſtigated the whole force of the houſe of Douglas againſt the government ⁴.

The earl of Douglas was, about this time, created lieutenant general of the kingdom ⁵; an office of extreme power, which had been held by one of his predeceſſors at the commencement [203]of this reign. He now reſolved upon the perdition of the family of Livingſton, which had only done its duty to the king and kingdom, by oppoſing the exorbitant influence of the houſe of Douglas. Accordingly Sir Alexander Livingſton, formerly keeper of the king's perſon, James his eldeſt ſon, Robert and David Livingſtons, and Sir James Dundas, and Sir Robert Bruce, connected with the family, were committed to ſeveral priſons: but Sir Alexander, and the two other knights, Dundas, and Bruce, were delivered upon paying large ſums of money: the others were tried and beheaded ⁶. Dec.

Although the truce with England had, in 1442, 1447 been con⯑tinued from 1447, when it was otherwiſe to expire, till 1454, yet the Engliſh borderers, knowing the confuſion into which the maladminiſtration of Douglas had plunged Scotland, re⯑ſolved to avail themſelves of the occaſion. The ſaintly imbe⯑cility of Henry VI, and the cabals of the queen's party, and that of the duke of Glouceſter, diſtracted the government, and rendered the ſubjects unruly and diſaffected. Several in⯑roads of the borderers took place this year; in which, as is ſaid, Dumfries on the one part, and Alnwich on the other, were burnt ⁷.

[204]Ravages of ſuch importance called greater powers into action; 1448 and the battle of Sark, ſo called from a river in An⯑nandale, terminated the difference in a manner advantageous to the Scots. Unfortunately we have no Engliſh, nor Scotiſh contemporary account of this battle, the only one which occurs between the nations for a long period of time. When at the diſtance of near a century we find records of this action, the Engliſh paſs it in complete ſilence, and the Scots too much ſwell their victory. The accounts of Jean Chartier, and Monſtrelet, ſeem to deſerve the preference; but even there the number appear to be exaggerated. According to the French hiſtorians, the Engliſh, to the number of fifteen thou⯑ſand, conducted by the earl of Huntinndon and lord Percy, apparently wardens of the marches, entered Scotland by the weſtern border, and advanced ſix miles into the country. The earl of Douglas haſtily advanced, with only ſix thouſand, attacked the enemy in the open field; conquered, and took the two generals captives. Upon the tidings of this defeat, the earl of Saliſbury, who was lord lieutenant of the north of England, raiſed an army of ſixty thouſand, and ſent this for⯑midable force to invade Scotland. Douglas, and his brother Ormond, with thirty-two thouſand men, attacked the Engliſh by ſurprize, and put them to a total route; with the incredible loſs of between twenty and twenty-four thouſand, taken and [205]ſlain. The Scots then entered England, and ravaged the country as far as Newcaſtle ⁸.

[206]Sir William Crichton, chancellor of Scotland, John Railſ⯑ton biſhop of Dunkeld ſecretary, and keeper of the privy ſeal, and Nicholas Ottirburn official of Lothian, had paſſed on a ſolemn embaſſy to France and Burgundy. The grand objects of their miſſion were, to renew the alliance with France; and to diſcover a proper bride for James now in his eighteenth year. The league between France and Scotland was accord⯑ingly repeated in the moſt ſolemn and ample form, 31 Dec. and with a confirmation of all the preceding treaties, ſince that of Charles the Fair and Robert I, in the year 1326 ⁹.

As the court of France then preſented no ſuitable wife for the Scotiſh king, 1449 the embaſſadors proceeded to that of Bur⯑gundy. Philip the Good, who ruled that potent duchy, or rather kingdom, with celebrated wiſdom and ſplendor, had in 1430, as above narrated, concluded a commercial treaty with Scotland for one hundred years. He recommended to the embaſſadors his kinſwoman Mary, daughter of Arnold duke of Gelderland, as a lady worthy of the hand of their ſovereign ¹.

This matrimonial engagement was accordingly entered upon, in the preſence of envoys from France, then in ſtrict alliance with Burgundy. 1 April The treaty was concluded at Bruſſels; and bore that Philip ſhould pay at Bruges in the courſe of two years ſixty thouſand crowns of gold, as the portion of the bride. James enfeofed Mary in Strathern, Athole, Meth⯑ven, Linlithgow, and other lands for the payment of a dower [207]of ten thouſand crowns, in caſe of his previous deceaſe; and he relinquiſhed all the hereditary claims of his wife, in caſe her father left a male heir. On the ſame day a perpetual league of mutual defence was concluded with Philip, in which the duke of Gelderland was comprehended ².

During the negotiation reciprocal intercourſe, and feſtivity, occupied the courts of Scotland and Burgundy. A Burgun⯑dian hiſtorian deſcribes at great length a tournament cele⯑brated, in the time of lent, at Stirling in the preſence of the Scotiſh king, the judge and rewarder of the combat. Two Burgundians of the noble houſe of Lalain, and a third ſtyled the ſquire Melyades, challenged two of the Douglaſes, and Halket, to fight with the lance, battle-ax, ſword and dagger. After a feſtival of ſome days, the combatants entered the liſts, clothed in velvet, and proceeded to their pavilions to arm; the earl of Douglas himſelf, attended by not leſs than about five thouſand followers, accompanying the Scotiſh champions. After having been ſolemnly knighted by the king, the parties engaged: the ſpears were ſoon thrown away: one of the Douglaſes was felled by a battle-ax, and the combat becoming unequal, the king threw down his baton, the ſignal of its ter⯑mination ³.

[208]As the lady had been educated in the court of Philip, he defrayed, with his accuſtomed magnificence, the nuptial pre⯑parations on her ſide. The lord of Vere in Zealand, whoſe ſon had before this period married a ſiſter of James, was ap⯑pointed to conduct the bride; who with many tears took leave of the duke, June and his ſon the count de Charolois. Coaſting not without terror, along the inimical Engliſh ſhore, on the ſixth day Scotland aroſe to their eager eyes; and they anchored near the iſle of May, where then ſtood a hermitage and a chapel ſacred to St. Andrew. Having paid her devotions, the queen proceeded to Leith, where ſhe was met by many nobles, and a concourſe of all ranks of people, who to the poliſhed Burgundians appeared almoſt barbarians. Seated on horſeback behind the lord of Vere, Mary advanced to Edin⯑burgh, where ſhe was lodged in the convent of the jacobins or gray-friars. After the refreſhment of the following day, the king viſited her at midnight, and remained three hours. In the courſe of a week her nuptials, and coronation, were celebrated with much barbaric pomp ⁴.

[209]The victories of Douglas had afforded little compenſation to Scotland for his tyranny and oppreſſion, which ſeemed to in⯑creaſe in proportion to the continuance of his power. For him, and his followers, there was no law, and the country groaned under the moſt deſtructive anarchy. But the ſix heavy years of his authority were ſoon to expire; and different circumſtances were already preparing to leſſen his influence. The charms and ſenſe of the queen began to infuſe a more manly character into her huſband, to arouſe him from his lethargy, and to form a party capable of undermining the odious power of Douglas.

James II may now be ſaid to have aſſumed a permanent character, of which the delineation ſhall be here attempted, as far as barren and ſcanty materials will admit. His actions proclaim him a prince of deciſive, and ſometimes even violent, ſpirit. In war he was a valiant and popular leader; and ſur⯑paſſed his father in a marked attention to military diſcipline. Negligent of pomp, the equal of every ſoldier, he ſhared the mean repaſt of the march, confident that poiſon is ſeldom adminiſtered in vaſſels of wood, repoſing abſolute faith in the love of his people ⁵. The power of his ablities, the excel⯑lence of his intentions in peace, are beſt diſplayed by the laws of his reign, always the moſt inſtructive an valuable portion of hiſtory. His wiſdom appears conſpicuous, in his reverence for the counſels of the wiſe, in guiding his moſt important actions by the experience of Crichton, and the benign and patriotic prudence of Kennedy. The perdition of the ariſtocra⯑tic and tyrannic houſe of Douglas was to be a ſpirited exertion of juſtice to himſelf, and to his people. But that any fixed plan yet exiſted, for the deſtruction of the ariſtocracy, ſeems a refined theory, incongruous with the ignorance and ſpirit [210]and manners of the times; and is beſt confuted by the plain facts, that the families abaſed are ever remarkable for im⯑portant crimes, and that the property, and power, which were withdrawn from one houſe, were ever to be beſtowed on another. Even when Louis XI, and Henry VII, were, to⯑wards the termination of this century, in countries of greater civilization, and political ſcience, to humble the ariſtocracy, an unprejudiced reader will be ready to infer that the events proceed rather from chance, and circumſtances, and the rota⯑tion of ſociety, than from deſign. As to the perſon of the ſecond James, we only know, that it was robuſt; and that a red tinge, which deformed one of his cheeks, gave him the vulgar appellation of James with the fiery face ⁶.

The truce with England had been, in May, renewed for a very ſhort time; and among the commiſſioners named to prolong it, in September, we find Livingſton, who had been again taken into favour, and appointed juſticiary of Scotland: a circumſtance which appears to preſent a proof that the in⯑fluence of Douglas was much on the decline. At length, in Novermber, a truce of a new and ſingular complexion was ratified, bearing no certain term, but that either monarch might violate it, when he pleaſed, upon giving a notice of one hundred and eighty days ⁷.

One of the laſt traces of the power of Douglas occurs in the decrees of a parliament, held at Edinburgh, this year, and [211]probably in the early part of it. The ſheriffs are therein or⯑dered to cauſe reſtitution be made of any ſtolen effects: if they ſhould refuſe, or be negligent, or partial, the complainant is to apply to the king's lieutenant, who is to puniſh the ſheriffs as if they were the robbers: and they are to be treated as thoſe who diſobey the king's acts, given under the royal ſeal, and decreed by the lieutenant, and the three eſtates ⁸. It would appear, from this ordinance, that the office of lieutenant ge⯑neral of the kingdom wanted little of being a ſole regency.

This dangerous dignity certainly fell, ſoon after the marriage of the king: and Douglas retired from the court, attended with the execrations of the people. It is ſaid that Sir Richard Colville, having ſuffered repeated injuries from Auchinleck, a follower of Douglas, thought he might now venture upon revenge; which he completed in the ſlaughter of his enemy. Douglas, irritated at this inſult offered to his fallen power, ravaged the lands of Colville, beſieged his caſtle, took it, and left not one inhabitant alive ⁹. That age, in the true ſpirit of chivalry, praiſed the earl's exertion of friendſhip: at preſent this action appears in its real colours, as a ſanguinary revenge, as a contempt of juſtice, as an inſult to the laws, and to ſo⯑ciety; and as peculiarly diſgraceful to him who had been the ſecond magiſtrate in the kingdom.

The commencement of the king's active authority was ſignalized by a memorable parliament, 1450 Jan. held at Edinburgh, in which a great number of ſalutary regulations were iſſued ¹. It is ordained that a general peace be proclaimed through all [212]the realm, ſo that all men might travel in ſecurity, without any protection, ſave that of the king's peace; and if any ſub⯑ject ſtand in fear of another he may have borrowes of peace, that is a pledge for his good behaviour: that juſt, and able, judges be appointed: that the juſticiary ſhall paſs twice through the country in the year, as ordered by the ancient laws: that any rebellion againſt the king be puniſhed according to its nature, and by the advice of the three eſtates; and if any openly rebel, or make war upon the king's ſubjects, in defiance of his prohibition, the king ſhall advance againſt them with the whole force of the land, if neceſſary, and puniſh them according to their deſerts. Theſe unuſual ordinances ſuffi⯑ciently paint the diſorders, into which the bad adminiſtration of Douglas had thrown the kingdom. Other ſtatutes decree, that if any perſon aſſiſt thoſe who ſhall be brought to juſtice, he ſhall be puniſhed equally with the tranſgreſſors: that the warden of the marches ſee that the truce be ſtrictly obſerved, and appoint ſuch officers as he ſhall anſwer for: that admi⯑niſtrators of law, who wilfully tranſgreſs, ſhall loſe their office for a year, and be fined: that deſpoilers be compelled to make full, and ſpeedy, reſtitution, pay all expences, and a fine to the king: that the juſticiary or juſtice general, the chamber⯑lain, the coroners, and other officers obliged to travel through the country, have but a moderate attendance, that they may not annoy the people: that foreſtallers of corn be puniſhed, and the corn forfeited to the king; and that even the poſ⯑ſeſſors of grain keep no more than is neceſſary for their annual conſumption, and ſell the remainder in open market at the current price.

Above all, one remarkable act of this parliament deſerves attention, being conceived in the following terms. "It is ordained that if any man, as God forbid, commit or do treaſon [213]againſt the king's perſon, or his majeſty, or riſe in war againſt him, or lay hands upon his perſon violently, of whatever age the king be, young, or old; or receive any that have com⯑mitted treaſon, or that ſupply them with help or advice, or garriſon the houſe of them who are convicted of treaſon, and hold their houſes againſt the king, or garriſon houſes of their own in aſſiſtance of the king's rebels, or that aſſault caſtles, or places where the king's perſon ſhall happen to be, without the conſent of the three eſtates, ſhall be puniſhed as traitors ²." This ſtatute has occaſioned altercations between the favourers of monarchy, and thoſe who attach ideas of freedom to a par⯑liament of the middle ages, when the only diſpute lay between monarchy and ariſtocracy.

It was further ordained that all the regalities, in the royal poſſeſſion, ſhould be judged by the king's juſticiary; and the freeholders of ſuch regalities ſhould appear in parliament, equally with thoſe of the royal domains ³. As many large eſtates had fallen to the crown, in the preceding reign, this meaſure ſeems intended to increaſe the king's influence in parliament: and ſuch was the ſpirit of the times that, to in⯑creaſe the power of the ſovereign, was to enlarge the freedom and happineſs of the people, labouring under the worſt tyranny, that of a feudal ariſtocracy. Other prudent ſtatutes concern the puniſhment of robbery, the regulation of the coin, and the penalties of contumacy againſt the courſe of juſtice ⁴. Such laws ſhine like a coruſcation amid the night of barbariſm; but, it is believed, imparted little of vital heat to the political atmoſphere. It is eaſy to form good laws: the difficulty lies in the execution. The chief felicity of a nation is to have few laws, and to be accuſtomed to obey them.

[214]Douglas, diſguſted at the loſs of his power, or wiſhing to diſplay his pomp in foreign countries, paſſed to the jubilee at Rome, with a train of ſix knights, fourteen gentlemen, and eighty attendants ⁵. In his abſence many complaints were made againſt the inſolence of his dependents: the earl of Orkney, a nobleman of princely munificence, reſpectable for his talents, and patronage of letters, was ſent to examine the abuſes, and was inſulted: the king, juſtly enraged, proceeded in perſon with a ſufficient force, took the caſtle of Lochmaben, and demoliſhed that of Douglas ⁶. Upon his return from Rome Douglas ſent a ſubmiſſive meſſage to the king; and as he could not, in equity, be reputed guilty of events which happened during his abſence, and for which a ſufficient puniſhment had been taken, he was graciouſly received ⁷.

[215]A commiſſion was granted by James to Douglas, 1451 April and other embaſſadors, to confer with thoſe of England, concerning any breaches of the truce ⁸. But the earl certainly did not deſerve this confidence, being engaged in a ſecret plan of revenge againſt his ſovereign; and in the following month hi obtained from the Engliſh court a protection for himſelf, his three brothers, twenty-ſix gentlemen, and ſixty-ſeven attendants ⁹; the chief perſons, therein mentioned, afterwards following the houſe of Douglas in their revolt. 14 Aug. Other plenipotentiaries were nominated, who adjuſted a truce of three years ¹.

In a parliament, 25 Oct. held at Stirling, a long ſeries of regulations was made concerning the coin, in which a laudable attention is ſhewn to its purity, and regular currency ².

Meanwhile Douglas proceeded in his diſorderly, and trea⯑ſonable, practices. He attempted, as is ſaid, to aſſaſſinate [216]Crichton; 1451 who eſcaped, and afterwards had nearly ſurprized Douglas, then lodging in Edinburgh with a ſmall train ³. The lands of John Herries, a gentleman of eminent loyalty, being ravaged by ſome followers of Douglas, he complained to the earl without effect, and in revenge ravaged a part of Annandale: but he was taken, and hanged by the command of Douglas, in contempt of the king's prohibitory mandate ⁴.

Theſe appear trivial offence, when compared with a grand meaſure now entered into by Douglas, and which threatened deſtruction to the king, and the kingdom. As Douglas was by far the moſt powerful noble of the ſouth of Scotland, or rather a petty ſovereign in that department, ſo Alexander Lindſay earl of Crawford, and John earl of Roſs, lord of the Iſles, held the higheſt authority in the north. The policy, and vengeance, of Douglas conciliated a league with theſe potent nobles, ſtrictly obliging all the parties to mutual defence againſt every injury ⁵; and to ſuch a conjunction the laws themſelves were injuries. The monarch trembled at this confederacy, the power of which was in fact ſuperior to the royal authority; but he reſolved to diſſemble for a ſeaſon, [217]though the nation, in a juſt alarm, already beheld the king dethroned, and the country paſſing, from ariſtocratic tyranny and diſcord, into a ſubjection to foreign dominion.

An incident however ſoon occurred, 1452 which haſtened the execution of the royal vengeance. Douglas had perſuaded or overawed moſt of his vaſſals, eſpecially thoſe in Galloway, Kyle, Carrick, Cunningham, and the diſtricts adjacent, into an engagement of attendance, and aid, even againſt the ſove⯑reign himſelf. But a few of the more moderate, and prudent, were averſe to ſuch illegal ties; and among theſe was diſtin⯑guiſhed Maclelan, guardian of the heir of Bomby, and a near relation of Sir Patrick Gray, who was ſon of lord Gray, and captain of the king's guard, an office of the greateſt confi⯑dence ⁶. The earl of Douglas, irritated at Maclelan's obſti⯑nacy in rectitude, ſuddenly beſieged his houſe, took it, con⯑veyed the owner to the caſtle of Douglas, ⁷ and threw him into ſtrict durance. Upon hearing this, Sir Patrick Gray laid the affair before the king, and inſtantly obtained a mild letter, rather of ſupplication than of command, requeſting Douglas to deliver the priſoner to Gray. The earl was ſitting at dinner in the caſtle of Douglas, when he was told that Gray, a familiar ſervant of the king, was at the gate; and, in ſome ſurprize, aroſe to receive him with much apparent civility, and invited him to partake of the repaſt. During the enjoy⯑ments of the table, Douglas was revolving what Gray's com⯑miſſion could be; and gueſſing the truth gave a ſecret order, [218]in conſequence of which the priſoner was led to a green beſide the caſtle, where his head was ſtruck off, and taken away, and a cloth was ſpread over the body. The meal ended, Gray produced the royal letter, which was received with all the reſpect of fraud; and the earl having peruſed it ſaid, "I am beholden to you for bringing me ſo gracious a letter from the king, eſpecially conſidering how matters ſtand be⯑tween us at preſent. The demand ſhall inſtantly be granted, and the more favourably for your ſake." He then took Gray by the hand, and led him to the green, where removing the cloth, Douglas coldly ſaid: "Sir Patrick, you are come a little too late. This is your ſiſter's ſon, but he wants the head. Take his body, and do with it what you will." Gray replied in anguiſh, "My lord, ſince you have taken his head, you may diſpoſe of his body:" then calling for his horſes he mounted, and ſaid to the earl, "My lord, if I live, you ſhall be rewarded for your preſent labour, according to your demerits." Douglas, enraged at this threat, called for his horſe; but Sir Patrick by the goodneſs of his led ſteed eſcaped the purſuit, which ex⯑tended near to Edinburgh.

The king irritated beyond meaſure at ſuch repeated inſults, aggravated by the moſt ſanguinary cruelty, and the moſt pro⯑fligate contempt of the laws; and anxious to prevent the effects of the formidable league formed againſt his authority, called a choſen council to deliberate upon the meaſures to be followed. It was reſolved, in order to avoid the horrors of civil war, that Douglas ſhould be inveigled into court by flattery, and upon pretence that the king forgave his paſt enormities, and only deſired him to reform his future conduct ⁸. 22 Jan. About this time a paſſport was obtained from the Engliſh king, for Douglas, [219]his brother James, and lord Hamilton, joined with Crichton, Montgomery, Gray, three biſhops, and others, to go in pil⯑grimage to Canterbury ⁹. This ſafe conduct was apparently never uſed; and Douglas and his enemies are ſo ſtrangely blended in it, that there is room to ſuſpect that, under the pretext of a pilgrimage of mutual repentance and conciliation, a ſcheme had been formed to aſſail Douglas, when in the de⯑fenceleſs garb of a pilgrim.

However this be, the earl was prevailed upon, towards the beginning of lent, which this year happened in the end of February, to viſit the court at the caſtle of Stirling ¹. After Supper, the king taking him apart into a ſecret chamber, where only ſome of the privy council, and the guard, were in attendance, mildly informed him that he had heard of the league with Crawford, and other nobles; and deſired him to break ſuch illegal engagements. Douglas proudly refuſed, and had the arrogance to upbraid the king with his procedures againſt him, which had forced him, as he aſſerted, to form this confederacy. The ſenſe of repeated inſults, and of an outrageous contempt of his authority, conſpired with the preſent perſonal affront, to kindle a flame of inſtantaneous fury; and the monarch exclaiming, "If you will not break this league, by God I ſhall," drew his dagger, and ſtabbed Douglas. Sir Patrick Gray then ſtruck the earl with a battle ax, and the wound was inſtantly mortal ².

[220]It is ſaid that the four brothers of Douglas, Sir James the eldeſt, who had abandoned his clerical character, and now became earl of Douglas, Archibald earl of Moray, Hugh earl of Ormond, and John lord Balveny, in the firſt eruption of revenge, proclaimed the king a deſpiſer of his covenants and of good faith, even at the gates of the caſtle of Stirling. Then collecting their force, and returning, they burned the town ³. Two of their own name were extremely obnoxious, becauſe they were loyal, the earl of Angus, and Sir John Douglas of Dalkeith: the caſtle of the latter they beſieged in vain. After Douglas, and his family, and followers, had excited great commotions in the ſouth of Scotland, James partly by exer⯑tion, and partly by lenity, prevailed on them to return to their duty ⁴.

This happy effect was produced, in a conſiderable degree, by the diſcomfiture of Crawford, the aſſociate of the Douglaſes; who riſing in arms, was defeated by the royal troops com⯑manded by Huntley. 18 May The action happened near Brechin; and was accompanied with great ſlaughter on the part of the vanquiſhed ⁵.

The civil conflicts being in ſome meaſure appeaſed, a parlia⯑ment was held at Edinburgh, 26 Aug. which iſſued regulations tending to prevent a ſcarcity of grain, in conſequence of the internal commotions ⁶.

[221]Douglas, 28 Aug. at length reconciled to the king, entered into a ſolemn engagement, 1. Not to pretend any title to the earl⯑dom of Wigton, except with the queen's conſent: 2. Nor to the lands of Stewarton, a part of the patrimony of the ducheſs of Touraine, his mother: 3. To abandon in future all hatred, or enmity, againſt all perſons: 4. To preſerve the public peace, and make compenſations to perſons already injured: 5. To obſerve the ſtricteſt duty and reſpect to the king. This inſtrument was ſigned by Douglas, and lord Hamilton, for themſelves and their adherents ⁷.

The public tranquility being completely reſtored, 1453 the earl of Douglas, the abbot of melros, and Robert Liddel of Bali⯑mire, proceeded on an embaſſy to England, April to prolong the truce, which would otherwiſe have expired in 1454. It was accordingly protracted to May 1457: July and was duly ratified by James ⁸. During his reſidence in London Douglas obtained ſafe conducts for himſelf, and lord Hamilton, to paſs to Rome ⁹, probably with a view to ſolicit diſpenſations for his marriage with Margaret, the fair maid of Galloway, the [222]widow of William late earl of Douglas, his brother. In this deſign he was oppoſed by the influence of James; nor is there evidence that he ever completed the marriage.

This interval of domeſtic quiet was diſtinguiſhed by the foundation of the univerſity of Glaſgow, by the pious cares of William Turnbull biſhop of that ſee. It was endued with ample privileges; and a bull of Nicholas V confirmed the erection. The reſpectable founder ſoon after died at Rome, whither he retired from the ſubſequent commotions in his country ¹.

Iſabel ducheſs of Bretagne, ſiſter of James, being now a widow, was requeſted in marriage by the prince of Navarre; but the propoſal being diſagreeable to the French court, the biſhop of Galloway, and David Lindſay eſquire, were ſent embaſſadors to Bretagne, in order to fruſtrate the prince's ap⯑plication, in which they ſucceeded ².

[223]The deepeſt obſcurity impends even over the latter part of the reign of James II, 1454 and it is almoſt impoſſible to enlighten the events with the clear colours of chronology. Amid this uncertainty, the moſt probable plan of arrangement ſhall be followed, and committed to the candour of the reader.

The death of Crichton, the chancellor, who had long mo⯑derated public affairs, ſeems to have opened the way to the ſucceeding tumults ³. Meanwhile the Engliſh government complaining of depredations on the frontiers, the biſhop of Brechin, June and the earl of Orkney chancellor, were appointed embaſſadors to adjuſt the grievances ⁴: and ſoon after a ſafe conduct appears to Beatrix, 16 June counteſs of Douglas, widow of James the Groſs, and Margaret widow of William, with John Douglas lord of Balveny, on pretence of a pilgrimage to Eng⯑land, but probably to form treaſonable connections between their family and that country ⁵. The conteſts between the houſes of York and Lancaſter had now commenced; and the duke of York being, at this period, poſſeſſed of the ſupreme power, he favoured the houſe of Douglas, in oppoſition to James, who, in conjunction with France, ſupported the in⯑tereſts of Henry.

Crawford, who had joined in the bond which proved fatal to the late earl of Douglas, had been puniſhed with forfeiture, but was pardoned on ſubmiſſion ⁶. Yet Moray and Ormond, [224]the brothers of Douglas, again excited a rebellion in the north, and ravaged the lands of Huntley and other loyal perſons. Huntley aſſembling his followers gave half of Elgin to the flames, becauſe that part of the town ſupported Moray: and, though defeated at Dunkinty, he raiſed freſh troops, and forced the Douglaſes, Moray and Ormond, to leave the north of Scotland, and take ſhelter in the Hebudes, whence they proceeded to join their brother in his grand rebellion ⁷. autumn

To underſtand this rebellion aright, it ſeems neceſſary to throw a brief glance on the affairs of England. In the end of the preceding year Henry VI, a prince whoſe weakneſs ren⯑dered his whole reign one minority, had fallen into a ſtate of inſanity; and Richard duke of York had been ſoon after de⯑clared protector of the realm. As James was ever firmly attached to Henry, and evinced on ſubſequent occaſions an eagerneſs to ſupport his intereſts, there is reaſon to infer that York excited, or favoured, the rebellion of Douglas, in order to prevent James from an interference in the affairs of Eng⯑land. Nor in caſe of the ſucceſs of Douglas, in driving James from his throne, would the example have been unuſeful to the deſigns of York; nor the ſupreme power of Douglas in Scotland unimportant to his purpoſes. The intercourſe be⯑tween York and Douglas appears to have been mediated by Beatrix, the mother of the latter, and John lord Balveny his brother, who as is abovementioned had proceeded to England; and who were afterwards ſpecially included in the forfeiture of the family, for deſigns on the Scotiſh monarchy ſupported by Engliſh influence.

When to the aid of York are added the internal cauſes, the native ambition of the houſe of Douglas, unſatiated even by [225]the higheſt honours of regal favour; its latent but deep en⯑mity, excited by the deſtruction of two of its chiefs, during the preſent reign, and by other injuries and mortifications; its conſciouſneſs that no monarch could ever ſincerely pardon a family, which formed one nurſery of rebellion, which deſpiſed the laws, and rivalled the throne; its apprehenſions, from the recent ruin of its power in the north, that if effectual reſiſtance were not inſtantly oppoſed, the annihilation of the ſtem and other branches might follow; when theſe conſiderations are weighed, the ſources of this grand rebellion may not perhaps appear obſcure. The inflammatory principles had long exiſted, and were deeply and widely ſcattered: the power of York, the money and protection of England, the overthrow of Moray and Ormond, and the conſequent ſtings of apprehenſion and revenge, were only temporary circumſtances, which ſet fire to the train that ſhook Scotland to its centre.

Such appear to have been the cauſes of this grand rebellion, which threatened to overturn the Scotiſh throne, and which our elder writers ignorantly conſider as a prolongation of that which aroſe in 1452, on the aſſaſſination of William earl of Douglas; but which as is evident from original documents above adduced, was wholly extinguiſhed in that year. Later writers have either followed their example, in confounding diſtinct events; or have, under the general term of England, blended the remote, and oppoſite, intereſts of York and of Henry. They alſo tell us that, ſoon after the death of the former earl, Beatrix his mother, and Margaret the fair maid of Galloway his widow, took refuge in England: that Doug⯑las accepted the embaſſy, in the view of ſecuring the hand of Margaret, whoſe domains were large; and, in order to obtain a diſpenſation, he afterwards procured a ſafe conduct for a [226]pretended pilgrimage to Rome ⁸. That a diſpenſation being refuſed, he nevertheleſs wedded Margaret, who in diſguſt fled to the Scotiſh king; and he beſtowing her in marriage on his uterine brother Athole, the conſequence was a civil war. But there is no evidence that James now earl of Douglas wedded his brother's widow: or that ſhe returned to Scotland before the ruin of the family. The ſame writers, who ſtate this affair as the origin of the war, alſo aſſert that Douglas and his brothers were, in July this year, ſummoned before a parliament, to anſwer for their crimes; and upon nonappear⯑ance, were declared rebels and forfeited. This latter circum⯑ſtance would of itſelf preſent a ſufficient cauſe of the commo⯑tion: but the difficulty in the account of theſe authors conſiſts in diſcovering what new crimes the houſe of Douglas had committed; and the act of forfeiture, 1455, is infallibly the firſt and ſole act againſt the family, as is clear from the records.

The facts and authorities, about to be adduced, will be found unanimous in the ſupport of the previous obſervations above given. Nor is there any evidence that James had plan⯑ned the ruin of the potent family of Douglas, as theoretic writers would infer; for he was unprepared, and trembled at the impending danger. The inſtrument of Auguſt 1452, the honourable embaſſy of the following year, indicate complete reconciliation; and though embers of jealouſy might at this ſeaſon be revived, by the ruin of Moray and Ormond, and by the king's interference in fruſtrating the earl's deſign to wed his brother's widow, yet the ambition of Douglas, joined with [227]the other cauſes above mentioned, will to a candid mind ap⯑pear the chief ſprings of this memorable conteſt.

Unfortunately there is not, for its commencement in the autumn of this year, that clear evidence which attends its termination in the next. The firſt events reſt upon doubtful and inaccurate authorities, the uſe of which neceſſity alone can vindicate; and all that can be done is to ſelect the moſt im⯑portant, and probable, circumſtances, omitting ſuch as are contradicted by the genuine records of the enſuing year.

It appears that James, diſcovering the treaſonable correſ⯑pondence carried on by Douglas in England, and ſuſpecting his deſigns, ſent an herald to ſummon him to appear before the privy council, or perhaps the parliament. Far from ſhewing obedience that potent earl ſent ſecret meſſengers to affix, in the night, placards upon the church-doors of Edin⯑burgh, charging the king with the murder of the two chiefs of the houſe of Douglas, and replete with inſulting expreſſions ⁹.

Inſtantly aſſembling a ſmall array, James ravaged ſome lands belonging to Douglas. It being the time of harveſt, the king not only felt repugnance in deſtroying the corn, but could not, except in the moſt urgent neceſſity, harraſs his ſubjects by aſſembling a large force: he therefore returned; and, diſ⯑miſſing a part of his followers, he ordered the remainder to beſiege Abercorn, a ſtrong caſtle belonging to Douglas, and which, from its proximity to the capital, was an object of pe⯑culiar jealouſy ¹.

Yet the ſuddenneſs of the attack on his domains had ſo much alarmed Douglas, who little expected ſuch promptitude, that he withdrew to the borders; whence he ſent lord Hamil⯑ton [228]into England to requeſt York's aſſiſtance; and a ſum of money was immediately remitted ².

The circumſtances of Douglas were now reduced to that criſis, that the only choice lay between a bold exertion of his whole ſtrength, in the ardent execution of great and extreme meaſures, or a patient ſubmiſſion to total ruin. Reinforced by the pecuniary ſupply from England, by the imagined fidelity of vaſſals long oppreſſed, by the martial influence of that name, which a ſucceſſion of heroes had rendered the trumpet of war, he reſolved to oppoſe his power in the open field to that of the king. The armed force, that would ariſe at the call of Doug⯑las, was eſtimated at forty thouſand men; moſt of them from their ſituation near the borders, and conſtant exerciſe in fight, far ſuperior to any other troops of Scotland.

James had ſent the earls of Orkney and Angus, with ſix thouſand men, to beſiege the caſtle of Abercorn, when Doug⯑las ſummoned all his force to meet him at Douglas, on the tenth day, with proviſion for twenty days, to paſs with him to Abercorn, there to reſcue the fortreſs; or give the king battle, and force him to fight, or to leave the kingdom. Surprized at this intelligence, the king juſtly diſtruſting the ſouth of Scotland, the chief ſeat of the power of Douglas, paſſed in a ſhip to St. Andrews; and his deſpair even ſuggeſted to him an intention to abandon Scotland. But the prudent and reſpect⯑able biſhop of that ſee, James Kennedy, a ſon of the counteſs of Angus daughter of Robert III, inſinuated motives of con⯑ſolation, and of courage. By his advice the king iſſued pro⯑clamations, ſummoning the array of the north, and offering amneſty to all who ſhould now join his ſervice: and in a few days a conſiderable force arrived; the royal banner was raiſed [229]in St. Andrews; and the army marched to Falkland in order of battle. Entering Stirling, attended by the barons of Fife, Strathern, and Angus, James remained there, till the more northern troops ſhould approach; and, upon their junction, he found himſelf at the head of forty thouſand men. He then advanced againſt Douglas, whoſe army, amounting to near forty thouſand, (among whom Hamilton, at the head of three hundred horſe, and as many choſen infantry, was to render himſelf remarkable,) had encamped on the ſouth ſide of the Carron, in his march towards Abercorn.

A battle was believed inevitable, which was to decide whe⯑ther James, or Douglas, ſhould have the dominion of Scot⯑land. But biſhop Kennedy, anxious to prevent the effuſion of blood, had attended the royal army, and now ſent a ſecret meſſage to Hamilton, his nephew, aſſuring him, in the king's name, not only of remiſſion, but of high reward, if he would leave Douglas. Hamilton returned rather a favourable anſwer, yet heſitated between the laws of friendſhip, and the advantages of loyalty, when the haughtineſs of Douglas con⯑ſpired to induce him to embrace the latter. A herald, arriving from the king, charged the rebels to diſperſe, under pain of treaſon: Douglas ſent him back with deriſion; and imme⯑diately arrayed his hoſt and marched towards the royal army; but ſeeing its ſtrength, and doubting the effect of the proclama⯑tion of amneſty, nay thinking that he perceived its influence in the dubious ſervice, and fallen ſpirit of his people, he con⯑ducted them back into their camp, hoping to reanimate their fidelity and courage, before he led them to battle in the morn⯑ing. This imprudent procedure was little approved by the barons, and leaders, eſpecially by Hamilton, who immediately went to the earl, and inquired if he intended to give the king battle, or not; affirming at the ſame time that the delay was [230]full of danger, as his people were deſerting while the royal army was upon the increaſe. Douglas anſwered, with con⯑tempt, "If you are tired, you may depart when you pleaſe;" and Hamilton, that night, paſſed to the king. The other chiefs alarmed at his departure, and ſuſpecting each other, alſo diſbanded; ſo that in the morning Douglas trembled when he beheld a ſilent and deſert camp, not one hundred men remain⯑ing, beſides thoſe who belonged to his houſehold, or were his immediate ſervants. Upon this unexpected change, the earl fled to Annandale, where he lurked with his brothers till the enſuing ſpring. In this ſurprizing manner fell for ever the enormous power of the houſe of Douglas; which had ariſen from patriotic heroiſm; and was conducted to perdition by ariſtocratic tyranny, and the moſt ungrateful rebellion.

The events of the ſubſequent year are happily illuſtrated by original evidence, 1455 and particularly by a letter from James to Charles VII king of France, reciting at ſome length the ter⯑mination of the rebellion of Douglas ³.

Having ſent Thomas Spence biſhop of Galloway, John lord Lindſay of the Byres, and Dr. Arons archdeacon of Glaſgow, as embaſſadors to France, in order to ſtate the progreſs and decline of the rebellion, James, as ſoon as the ſeaſon permitted the tedious operations of a ſiege, recommenced that of the caſtle of Abercorn, which had been raiſed on the approach of winter. The army of James pitched their tents around this fortreſs in Eaſter week; 2b. 8 Ap. and ſo imperfect was the art of attack that the ſiege occupied a month ⁴.

[231]While the monarch's arms were thus employed, Douglas, who had hitherto lurked in the borders, fled into England, attended only by four or five perſons. But his brothers, Moray, Ormond, and Balveny, remaining in Euſdale with ſome fol⯑lowers, they harraſſed the adjacent country, till they were en⯑eountered by the Scotts, 1 May and other borderers, who completely routed the marauders. Moray falling in the action, his head was cut off, and ſent to James, then before Abercorn. Or⯑mond was made priſoner, condemned, and executed. Balveny eſcaped into England ⁵. This remarkable route, ſo fatal to the family of Douglas, happened at Arkinholm, on the river Eſk, a little to the ſouth of the junction of the Eus with that ſtream ⁶.

At length the towers of the caſtle of Abercorn being ſhaken by the repeated force of machines, an aſſault was ordered, the fortreſs was taken by ſtorm, ab 8 May and levelled with the ground; the chief defenders being hanged, and the others diſmiſſed. James then proceeded againſt the caſtles of Strathaven, Douglas, and others belonging to the rebels, all which he took, and deſtroyed even to the foundations. He then ordered a detachment to beſiege that of Creif in Galloway ⁷; and his power being now [232]firmly eſtabliſhed, he returned to the capital to meet a parlia⯑ment which had been there ſummoned.

In this national council the forfeiture of Douglas, 9 June his mother Beatrix, his brothers Moray and Balveny, was ſolemnly de⯑creed. Moray had fallen in a rebellious conflict; but his for⯑feiture remained to be pronounced by the law: while that of Ormond is unmentioned, as having been already ſealed by his public execution for treaſon ⁸.

Henry VI having in the mean time ſomewhat convaleſced, James had in May deſtined a ſolemn embaſſy to England ⁹. But the battle of St. Albans having reſtored the power to York, the Scotiſh monarch manifeſted his enmity by an at⯑tempt on Berwick. July Some of the adjacent borderers had given information that the place might eaſily be taken by ſurprize: but an Engliſhman, who had been admitted into Scotland by [233]ſafe conduct, and bound by oath not to retire without the royal permiſſion, preferring his country to his conſcience, found means to eſcape, and give the alarm. So that when James advanced with a numerous army, he found the Engliſh prepared to defend Berwick by ſea and land, and was con⯑ſtrained to abandon the enterprize ¹. 8 July He ſent Rothſay herald to France with a letter relating this and the other events of the year; 9 July while Henry, or rather the Engliſh government, re⯑mitted letters of acknowledgment to Northumberland the war⯑den of the marches, and others, for the defence of Berwick: and the Engliſh parliament granted ſupplies to guard it againſt the Scots, who are accuſed of beſieging it during a truce ².

Douglas was received with favour by the ruling party in England, and a penſion was granted to him for ſervices to be done, till he could recover his eſtates, ſeized, as the record expreſſes, by the perſon who calls himſelf king of Scotland ³. When ſuch is the language of a period depreſſed by civil war, we no longer wonder at the truces between England and Scotland, and that no ſolid pacification could exiſt: the ſub⯑jection of Scotland was ever the chief object of the Engliſh kings, and a contemporary writer of that nation heſitates not to prefer its importance to that of France ⁴; the Scotiſh court well knew that this obſtinately weak and ambitious pretenſion might ſeem to ſleep, but was always alive.

[234]The tranſactions of parliament are intereſting and impor⯑tant ⁵. 4 Aug. The firſt ſtatute concerns the annexation of lands to the royal domains, and mentions that the poverty of the crown often cauſes that of the realm; for which reaſon, and others not expreſſed, it is ordained that, in every part of the kingdom, there be certain lordſhips, and caſtles, perpetually annexed to the royal property, and never to be alienated except by the advice of parliament; that any other alienation ſhall be void, and reſumeable by the ſovereign at pleaſure, with all the profits which have reſulted; and that the king and his ſucceſſors be ſworn to obſerve this ſtatute. This laſt clauſe ſeems to indi⯑cate that the legiſlative power poſſeſſed a title to direct the executive: but it is ſuſpected that neither the king, nor the parliament, then knew the nature of abſolute power, or of liberty. The ordinance proceeds to declare that the whole cuſtoms of the kingdom, as they ſtood at the death of James I, ſhall be veſted in the preſent monarch; and to ſpecify the lands annexed to the crown, among which we ſind Ettrick foreſt, and Galloway, which belonged to the family of Douglas, but no other lands of that houſe ſeem to be mentioned; a circumſtance unaccounted for by our careleſs writers, and which probably aroſe from the other extenſive domains of Douglas being ſhared among the nobles, and others, who aſſiſted in ſuppreſſing the revolt ⁶. The other chief territories, recorded as belonging to the crown, are the caſtle of Edin⯑burgh [235]with ſome lands in Lothian; that of Stirling, with its dependent grounds; that of Dunbarton, with ſome ſmall eſtates; the earldom of Fife, with the palace of Falkland; the earldom of Strathern; the lordſhip of Brechin; the caſtle of Inverneſs, and the lordſhips of Urquhart, and Abernethy, with other northern domains; the Redcaſtle in the ſouth eaſt of Roſshire, with the appended lordſhip of Roſs, a minute limb of that great earldom, probably retained by James I, when he pardoned the earl of Roſs, the lord of the Iſles, as a key to that diſtant, and dubious, province.

This parliament further ordered that the office of warden of the marches ſhould not be hereditary: that all regalities in the king's hands be annexed to the royalty, and that no regalities be granted in future without the ſanction of the ſtates: that no office be hereditary, and that all offices granted ſince the death of James I, be revoked except the wardenſhip of the marches beſtowed on the infant Alexander, earl of March, and lord of Annandale, ſecond ſon of the king, and afterwards duke of Albany. It is alſo decreed that, in the boroughs, a council of eight or twelve perſons, according to the extent of the town, be eſtabliſhed, to decide petty ſuits: and that the members of parliament wear particular habits, which are minutely deſcribed ⁷.

The national council having again met, on the thirteenth of October, took into conſideration the report of an intended Engliſh invaſion; and gave directions concerning the arrange⯑ment of beacons and other neceſſary preparations. They then ordered that perſons ſuſpected of treaſon ſhould be impriſoned: that none ſhould paſs into England in time of war, without permiſſion, under pain of treaſon: and ſeveral other regulations [236]appear, all relating to hoſtilities, but not of ſuch importance as to merit eſpecial conſideration. To the apprehenſion of war was added a more immediate calamity, that of the peſtilence, which extended its ravages through the kingdom, and perhaps preſerved it from any invaſion at this infectious period ⁸.

If credit be given to the late, 1456 and doubtful, accounts of this reign two invaſions of Scotland took place this year. The firſt was conducted by John lord of the Iſles, who is ſaid to have committed ſeveral ravages, and even to have burnt Inverneſs: he then retired, and was ſome time after pardoned on ſub⯑miſſion ⁹. This ſeems fabulous; and perhaps the ſame character may be aſſigned to the more probable account that Douglas, and the earl of Northumberland, ravaging the borders, were defeated by Angus, with ſmall loſs on either ſide ¹.

From ſuperior authority it appears that James, enraged at the conduct of the Engliſh court in the ſupply and reception of Douglas, entered the north of England, with a large army; but was met at the river Cayle, by two Engliſh embaſſadors, by whoſe arts he was ſo far deceived, as to return, and diſmiſs his forces. The fraud being ſoon diſcovered, the Scotiſh monarch, in twenty days, raiſed a more formidable army than the former, ravaged Northumberland with fire and ſword; levelled many caſtles with the ground; and returned with ſome ſhew of military fame ².

[237]Meanwhile Douglas was admitted to the titles of an Engliſh ſubject ³, and continued in that allegiance to the following mo⯑narchs Edward IV, and Richard III, but in him the family, and the treaſon, were to become extinct. His ſiſter-in-law, Margaret, afterwards returned into Scotland; where the king, commiſerating her rank, her beauty, her tears, aſſigned to her the lordſhip of Balveny, and wedded her to his uterine brother the earl of Athole ⁴.

A parliament was held at Edinburgh, 19 Oct. which publiſhed a few ordinances regulating the manner of national defence againſt England, the power of the duke of York the enemy of James, and the invaſion of that country, leading the Scots to expect repriſals. Certain rules were eſtabliſhed, concerning thoſe in⯑fected with the peſtilence, which ſtill deſolated the kingdom, being, it is believed, the fifth great viſitation of that horrid contagion. The value of coin, foreign and domeſtic, was conſiderably raiſed, ſo that the Scotiſh money became to the Engliſh as one to three: and ſome abuſes committed by the king's officers, in exacting the cuſtoms at fairs, were repreſſed. The moſt important act, which was however altered in the next parliament, concerns the holding of the ſeſſions, or high court of juſtice, which was ordered to ſit for three months at a [238]time; and was to conſiſt of three eminent clergy, three barons, and three commiſſioners of the burghs, to be changed each month; and who were to be ſworn, in the royal preſence, impartially to adminiſter the laws. The inſtructions ſent to France were voted ſufficient, but their purport is unknown ⁵.

A truce with England, 1457 June where York was no longer in authority, was negociated, and at length concluded at Conventry to laſt till the ſixth day of July 1459 ⁶. The territory imme⯑diately appertaining to the earldom of Douglas, with Douglas-dale, and the appendant domains, was now granted to the earl of Angus, in which family, a branch of the former, it was to remain ⁷. This meaſure was imprudent, as it raiſed the houſe of Angus to a power little inferior to that of the preceding lineage of Douglas, and which was afterwards too deeply felt in the kingdom: but individuals learn from experience, while nations, and ſucceſſive kings, ſeldom draw wiſdom from former faults. That our monarchs were ſtrangers to the fixt plan of humbling the ariſtocracy, imputed to them by theoretic writers, is ſufficiently clear ⁸.

[239]About this time a negotiation was proceeding at Paris, 1457 con⯑cerning the claim of Denmark to an annual ſum, for the ceſſion of the Hebudes about two centuries before ⁹. This affair, unimportant in itſelf, led to the re-union of the Orkneys to the Scotiſh crown in the ſucceeding reign.

The national council, 1458 6 March being ſummoned to Edinburgh, diſtinguiſhed itſelf by enacting a great number of prudent laws. The ordinance of the year 1456, concerning the ſupreme court of judicature, was reviſed; and it was decreed that the ſeſſions were only to continue for forty days at a time, but ſhould be held three times in the year, at three different cities, Edinburgh, Perth, and Aberdeen; that is once a year at each place, in ſucceſſive periods. This court conſiſted, as has above appeared, of committees of parliament; and, from a ſpecification in the act, it ſeems that the Scotiſh parliament did not now exceed one hundred and ninety members ¹. The rotation of theſe committees of juſtice was a laudable meaſure, and partook more of a free conſtitution, than the foundation of James V, origin⯑ally projected by John duke of Albany, on the model of a French judicatory parliament, after deſpotiſm had tainted the government of France. This inſtitution alſo contributes ſome⯑what to inſtruct us how a French parliament dwindled into a court of law. Particular regulations were enacted, concerning the cauſes to be tried by this court of ſeſſion, and the mode of [240]procedure: 1458 but it is unjuſtly, and impoliticly, ordered that the members ſhould defray their own expences. Other acts con⯑cern the regulation of the coin, of the hoſpitals, and of military diſcipline, particularly for the encouragement of archery. A curious ſumptuary law appears, which ſhall be reſerved for future conſideration: and one common rate of meaſure is ordered to be followed through the kingdom. The decrees for the promotion of agriculture deſerve applauſe; they ordain that lands may be let in fee-farm, and that the king ſhall ſet the example; that woods, trees, and hedges, be planted; that wheat, peas, and beans, be regularly ſown; game is recommended to preſervation; wolves, and birds of prey, to deſtruction. A decent and peaceable attendance on the courts of juſtice is enforced: the violent ſeizure of lands is guarded againſt: he who attains the royal remiſſion is, nevertheleſs, to make com⯑penſation to the plaintiff for any robbery or ſpoil: negligent, or corrupt, officers of juſtice are to loſe their office, and profits, for a year and a day, if heritable; if not, for ever ².

The famous ſtatute of James I is confirmed, concerning leaſing making, or the propagation of falſehoods between the king and the people ³; a law perhaps not deſerving of much blame, during the ſtruggles between monarchy and ariſtocracy, but which afterwards became an oppreſſive engine of ſtate. Two other acts particularly regard the conſtitution; by the one it is wiſely ordained that no leagues or bonds of aſſociation be entered into, nor any commotions raiſed, under the pain of confiſcation, and even the life of the guilty to be in the king's mercy; and that, under the ſame penalty, no inhabitants of boroughs ſhall engage in bonds of attendance; or ride in armour, ſave with the king, his officers, or the lord of the [241]borough. The other act declares that no freeholder, that holds of the king a property of leſs value than twenty pounds a year, be conſtrained to come to the parliament or general council, as a member, except he be a baron, or be commanded by the king's officer or writ ⁴. This ordinance, really intended as a relief of the ſubjects at a period when attendance on parliament was regarded as a burdenſome expence, and loſs of time, has been conſtrued into an intention of undue influence.

The patriotic exertions of this laſt parliament of James II are terminated with a decree, that the proper officers order its ſtatutes to be copied and proclaimed through the kingdom, in order that none may pretend ignorance. The members con⯑clude with an affecting peroration, to the effect that, ſince God has ſent their ſovereign ſuch proſperity, that all rebels and infringers of juſtice are baniſhed, and no party able to excite commotion remains in the realm, if the king and his miniſters be inclined to the quiet and utility of the ſtate, and to diſpenſe juſtice and equity among the people, the parliament therefore exhorts, and requires, the monarch diligently to enforce theſe ſtatutes, that he may meet with the approbation of heaven, and of all his ſubjects; and expreſſes gratitude to God, who has ſent them ſuch a prince to be their governor and defender ⁵. Alas, two ſhort years were to cloſe their hopes, and their gratitude! A fatal chance was again to reduce Scotland to the confuſions of a minority, and to retard the civilization, and the glory, of that ill-fated kingdom. That the happineſs of millions ſhould depend upon the infancy of one, is a paradox in human affairs, which may provoke the ſmiles of thoſe who think, and the tears of thoſe who feel. But ſuch inſtances ſeldom occur, and muſt be ſuffered, to avoid greater evils. Severe however, [242]as are the misfortunes of elective monarchy, when compared with the hereditary calamities of Scotland, they loſe their terrors, and aſſume the aſpect of felicity.

Plenipotentiaries were named, 1459 July to extend the truce with England, which expired this year; and it was prolonged for nine years ⁶. The civil wars of York and Lancaſter now raged in that kingdom; and were long to conſume its force, and prevent any moleſtation of the neighbouring ſtates ⁷.

A commiſſion was iſſued to Sir William Monipeny of Rattray, Nov. and Mr. John Kennedy provoſt of St. Andrews, to proceed on an embaſſy to France, and demand the earldom of Xaintonge, which had been granted to James I. They were alſo to form a treaty with Caſtille; and to join Patrick Fokart, captain of the Scotiſh guard, in aſcertaining and ſettling the debt due by Scotland to Denmark: and afterwards to paſs to Rome, with Mr. Hugh Douglas archdeacon of St. Andrews, in order to teſtify the king's obedience to the new pontiff Pius II ⁸.

In the deficiency of hiſtorical materials, 1460 it is not eaſy to diſcover the pretences, or cauſes, which induced James to break the truce by beſieging Roxburgh. It is certain that, in June, he ſent embaſſadors to England, to confirm the truce, and to compoſe any ſlight infringements, which might have [243]occurred ſince its commencement ⁹: and that, on the third of Auguſt, he was ſlain. That, in the conteſt between the families of York and Lancaſter, the Scotiſh monarch inclined to the latter is to be inferred from his perſonal relation, by the mother, with the families of Somerſet and Gaunt, and from the aſſiſtance lent by the French king, his ally, to Henry VI; and is aſcertained by the treaties when Henry maintained his authority, and the intervals of war when York was in power, and by the flight of Henry, and his queen, into Scotland. The caſtle of Roxburgh was in the cuſtody of William Nevil, lord Fauconberg, of the houſe of Warwick, the chief pillar of York's honourable cauſe ¹. It appears therefore that the embaſſy of June, which conſiſted of not leſs than two biſhops, three abbots, and three peers, had far ſuperior intentions to thoſe expreſſed in the commiſſion; and was ſent to promiſe aid to Henry, upon certain previous terms, probably that Rox⯑burgh and Berwick, held by the enemies of Henry, ſhould be reſtored to Scotland, if taken by James. On the tenth of July the Lancaſtrians had been defeated at Northampton, and Henry reduced to captivity; an event which ſeems inſtantly to have excited the Scotiſh monarch to arms, and he proceeded to ſecure the conceſſions in the firſt place, as not only a neceſ⯑ſary object of prudence upon his part, but as affording a diſ⯑traction to the arms of York, or a motive to their blame, by holding them out to the Engliſh as the origin of national diſ⯑aſter, and diſgrace.

Accordingly, toward the end of July, James, with a nu⯑merous army, well furniſhed with cannon, and warlike ma⯑chinery, proceeded to the ſiege of Roxburgh caſtle; which had ever ſince the battle of Durham remained in the hands of [244]the Engliſh, and preſented a monument of jealouſy and envy to Scotland ². While the king was obſerving the effects of his artillery, one of the rudely contrived cannons of that age, conſiſting of iron bars, girded with circles of metal, ſuddenly burſt; a fragment ſtruck his thigh, and the great effuſion of blood produced a death almoſt inſtantaneous. The earl of Angus, who ſtood next to James, was wounded ³. It is im⯑poſſible to expreſs the grief of the camp, and of the kingdom, at the premature loſs of a beloved ſovereign, in the flower of his age, aggravated by the circumſtances, and by the ſtrange wantonneſs of the fatality. The young regretted the death of a youthful prince, of an ardent leader; the old ſighed at the proſpect of another minority. Could any conſolation have ariſen, it muſt have proceeded from the ſpirit of the queen, Mary of Gelder; who, immediately upon the tidings, arrived in the camp with the infant heir of the monarchy, and ſhewing him to the ſoldiers, while the tears guſhed from her eyes, ſhe conjured them by every domeſtic tye, by the memory of their ſovereign, by the fame of Scotiſh valour, not to depart from their deſign, but to deſtroy this calamitous fortreſs. The caſtle was taken, and levelled with the ground ⁴.

Such was the misfortune which deprived Scotland of the opening virtues of the ſecond James, in the twenty ninth year of his age, and twenty fourth of his reign. His progeny were [245]James who ſucceeded him; Alexander duke of Albany, who was to be the father of John, the regent during the minority of James V; John, to be the earl of Mar: and two daughters, Mary, firſt wedded to lord Boyd, and after to lord Hamilton, whoſe family, by this connection, were to form hopes of the royalty in Mary's reign; and Margaret, who married William lord Crichton, ſon of the chancellor ⁵. Such marriages at⯑tended the ignominious ſovereignty of James III.

BOOK VII. BEING THE FIRST PART OF THE REIGN OF JAMES III.

Minority of James III—regency—Henry VI and his queen in Scotland—Berwick acquired—houſe of Angus rivals the former power of Douglas—war with England—truce—death of Mary of Gelder—of biſhop Kennedy—Boyds in favour—parliaments—Mary the king's ſiſter wedded to Sir Thomas Boyd earl of Arran—marriage treaty with Denmark—Orkneys ceded to Scotland—Margaret of Denmark arrives—fall of the Boyds—character of James—parliament—reflec⯑tions on ſome deſpotic meaſures—parliament—St. Andrews an archbiſhopric.

THE caſtle of Roxburgh being demoliſhed, 10 Aug. the Scotiſh leaders performed ceremonies of homage, and fidelity, to their young ſovereign, now in his eighth year, at the neighbouring town of Kelſo, and then proceeded to the fortreſs of Wark which they alſo deſtroyed. Contented with their ſucceſs, and anxious to ſettle the government of their country, they returned and diſmiſſed the army ¹.

[247]Soon after a parliament was held at Scone; and the king's coronation was ſolemnized. The queen mother, who had the ſole care of her royal ſon, his brothers, and ſiſters, ap⯑pointed that loyal and prudent prelate, Kennedy, to conduct the young monarch's education ². The ſettlement of the re⯑gency is not a little obſcure; ſome authors inferring the queen, Mary of Gelder, to have been the ſole regent, and to have managed public affairs by the advice of Kennedy; while others add a council of regency, conſiſting of the chancellor lord Evandale, a natural deſcendant of Murdac duke of Albany; the earl of Orkney late chancellor, the lords Graham and Boyd, and the biſhops of Glaſgow and Dunkeld ³. But it appears moſt probable that this council, if it exiſted, was only of ſtate; and that the oſtenſible management had, by the will of the late king, or the practice of Scotland, paſſed to the queen mother, who uſed the tried wiſdom and abilities of Kennedy, in conducting the government. This prelate, by the beſt influence, that of talents, and probity, and poli⯑tical ſkill, had acquired an authority before unknown to any churchman in Scotland; a country always more remarkable [248]for the moderation of its clergy, than for their ambition: and at a period while even the barren waſtes of Sweden had be⯑come the bloody ſcenes of eccleſiaſtical dominion, it is pleaſing to obſerve the Scotiſh prelates only eminent in honeſty, and patriotiſm.

An important event ſoon attracted the attention of the Scotiſh government. 1461 Henry VI of England, having been de⯑feated at Touton in Yorkſhire by Edward IV, fled to Scotland, with his queen and ſon; 29 Mar. the dukes of Somerſet and Exeter, lord Roſs, Forteſcue the chief juſtice, and other perſons of rank ⁴. While the mental infirmities of Henry confined him at Kirkudbright, his heroic queen advanced to Edinburgh, and embraced in Mary of Gelder a form of ſimilar elegance, a ſpirit of ſimilar elevation ⁵. The reſemblance of their diſpo⯑ſitions rendered the former alliance an inſtant friendſhip. A marriage between Edward the ſon of Henry, and Mary the daughter of Scotland, was propoſed and reſolved; but delayed by the youth of the parties, and finally prevented by the miſ⯑fortunes, and the death of that prince ⁶. To conciliate the expected aid, Berwick was ſurrendered to the Scots; and ob⯑ject often wiſhed and attempted ſince the diſgraceful invaſion of Edward Baliol. June In return, a Scotiſh army entered England, and laid ſiege to Carliſle, which was held for Edward IV: but the Engliſh led by lord Montague raiſed the ſiege, and defeated the Scots with great ſlaughter ⁷.

[249]So far were the Scotiſh monarchs from the refined policy of humbling their nobility, who, in a lawleſs country and period, formed, as it were, the bonds of fidelity between the king and the people, that James II had, in deſtroying the power of Douglas, only transferred that influence to Angus, another branch of the family. To gain the aſſiſtance of this powerful houſe, Henry VI now entered into an engagement to give George, earl of Angus, lands between the rivers Trent and Humber, amounting to the yearly value of two thouſand marks ſterling; and to erect theſe lands into a dukedom. It was however ſtipulated that the earl might war on England, at the command of the Scotiſh king; and that he ſhould not be amenable to the Engliſh parliament, or courts of juſtice ⁸.

To balance the influence of Henry in Scotland, Edward IV entered into a negotiation with John of Ilay, Oct. earl of Roſs, and lord of the Iſles, who maintained the independence of his anceſtors. 1462 13 Feb. By the treaty this potentate, and his numerous vaſſals, become the liege ſubjects of Edward, who aſſigns to the earl a certain penſion; and engages that, if Scotland be vanquiſhed by the alliance, the part to the north of the river Forth ſhall be beſtowed on Roſs, while that to the ſouth is to be held by the baniſhed earl of Douglas, both acknowledging the ſuperiority of England ⁹.

Eager to ſtrengthen her deſigns by additional aſſiſtance, Margaret of England ſailed from Kirkcudbright to Bretagne, 16 Apr. where ſhe prevailed on the duke to advance twelve thouſand crowns. She then paſſed to Anjou, to her father, whence ſhe proceeded to the French court at Chinon ¹. By an engagement [250]to ſurrender Calais, 23 June when in her power, this ſpirited princeſs induced Louis XI to reinforce her cauſe with a ſum of twenty thouſand livres, and a permiſſion to Brezé, the high ſteward of Normandy, to accompany her with five hundred men at arms; who, with their uſual attendants, formed a force of about two thouſand men ². Oct.

She landed near Bamborough, and ſeized that fortreſs, Aln⯑wick, and Dunſtanburgh. But Edward IV, and Warwick, advancing with a numerous army, Margaret and Brezé with⯑drew to their fleet; and paſſed to Berwick amidſt a dangerous tempeſt, Dec. in which ſeveral ſhips, mariners, and ſoldiers, were loſt on Holy Iſland. The three caſtles ſpeedily ſurrendered to the arms of the Engliſh king. Yet Angus and Brezé gallantly advanced with a conſiderable force, and brought off in ſafety Brezé's ſon, with the French garriſon, from Alnwick, in the ſight of the Engliſh army ³. 1463

Margaret of England finding all further reſiſtance vain, fled with her ſon, and ſome adherents, to Flanders, whence ſhe [251]paſſed to her father who aſſigned her a reſidence and revenue ⁴. The battle of Hexham fought by her adherents in the follow⯑ing year was fatal to her cauſe: while Henry, ſuſpicious of the Scots, ventured into England in diſguiſe; and, after lurking a year in Lancaſhire, was diſcovered and ſent to the tower of London.

Warwick had artfully ſhaken the attachment of Mary of Gelder to the cauſe of Henry, by propoſing her marriage with the new Engliſh monarch: and the queen dowager ſeems even to have proceeded to Carliſle, to advance the negotiations ⁵. But her doubtful reputation, and the ruin of Henry's affairs, fruſtrated the deſign; and ſhe may appear to have fallen a victim to her mortification on the occaſion. Mary of Gelder died on the ſixteenth of November, in the flower of her age ⁶. [252]Her prudence, her ſpirit, her various virtues and abilities, re⯑commended her to public veneration, and eſteem. A widow in the bloom of beauty, and vigour of youth, it would not be a matter of ſurpriſe that her chaſtity was dubious; and even this ſtain would diſappear in the ſplendor of her merits, for nothing can be more unjuſt than to infer that the loſs of female modeſty is the loſs of every virtue. But there may perhaps be reaſon to believe that this charge belongs to calumny, and originated among ſome of the ambitious and inimical nobles, who vainly aſpired to her hand or her power; or, while awed by her authority, deſpiſed her ſway as that of a woman and a foreigner ⁷.

[253]Nevertheleſs the biſhop of Glaſgow, and other embaſſadors, met the commiſſioners of England at York; and a truce of about one year was concluded. 19 Dec. The ſupport of Henry's cauſe was formally abandoned by Scotland; and Edward on his ſide reſigned that of the baniſhed earl of Douglas: but the depoſed king and peer were to remain inviolate in the reſpective realms to which they had fled for refuge ⁸.

The truce, 1464 May lately concluded with England, was violated. The young duke of Albany, proceeding to Gelderland, with a numerous train, after having procured a ſafe conduct from the Engliſh monarch, was nevertheleſs captured at ſea: but, by the ſpirited remonſtrances of the Scotiſh government, declaring inſtant war in caſe he were not releaſed, his deliverance was ſpeedily effected ⁹. This event appears to have been acci⯑dental, for the truce was immediately extended to fifteen years ¹; 1465 and in the following year to the term, before unknown, of fifty-four years, cloſing at the laſt day of October 1519 ²; a vain ſpace, and ſoon to be interrupted! Edward IV, diſſolved [254]in luxury, and more fond of pleaſure than of war, eagerly wiſhed that the Scotiſh king ſhould wed an Engliſh lady, and that a perpetual peace ſhould be eſtabliſhed between the king⯑doms; while the government of Scotland, influenced by biſhop Kennedy, ſeemed at length to have learned that war was no path to ſolid advantages. The new politics of Louis XI, his avarice, his want of faith, ſeem alſo to have had ſome weight in the pacific inclinations manifeſted by Scotland ³.

The death of biſhop Kennedy, 1466 10 May a prelate of high and deſerved reputation, excited much public regret. A grandſon of Robert III, his virtues, and abilities, conferred a greater glory than his royal deſcent ⁴. His wiſdom, his munificence, his public ſpirit, ſecured the applauſe, and gratitude, of his country: and his fame would diffuſe a ſtrong and ſteady light, inde⯑pendent of the darkneſs of a barbarous age. Upon the death of the queen mother, he appears to have retained the chief management of affairs, by the declared will, or implied conſent, of the nation. To the foundation of the college at St. An⯑drews, this prelate added two other monuments of his wealth, [255]his tomb of the fineſt gothic conſtruction, 1466 and a ſhip of great ſize called the Biſhop's Barge. The former was ſacred to the idle pride of the times; but in the latter he might reproach his nation with inattention to commerce, and maritime affairs, and hold out an example for their imitation. It is aſſerted that the expence of theſe three objects amounted to ten thou⯑ſand pounds ſterling each; or a total ſum equal at preſent to about three hundred thouſand pounds: but it is hardly con⯑ceiveable that, even in twenty-ſix years of prelacy, and five of public emolument, ſuch a treaſure could have been amaſſed. Eminent in knowledge of the civil law, in the learning of the age, in the experience of men, and manners, and politics, the late king, the nobles, ſubmitted to his wiſdom as to that of a public parent. Nor was the biſhop leſs reſpectable than the counſellor of ſtate, in enforcing the reſidence of his clergy, their regular preaching, and viſitation of the ſick; and in affording an example, by preaching four times in the year at every church of his dioceſe, by inſpecting the maintenance of the poor, and the education of youth, and by the vigorous puniſhment of clerical negligence ⁵.

The king, now in his fourteenth year, being delivered from the ſtern inſtruction of the prelate of St. Andrews, became a prey to flattering courtiers. Among theſe Robert lord Boyd was diſtinguiſhed for his conciliating manners, and intereſted cunning. His ſons, Thomas and Robert, were introduced to the royal favour; and their uncle, Sir Alexander Boyd, a [256]mirror of chivalry, was appointed to ſuperintend the military exerciſes of the youthful ſovereign ⁶. After the death of Kennedy, the Boyds had proceeded to ſuch audacity that, when the king was ſitting in the exchequer at Linlithgow, 9 July they con⯑ſtrained him to proceed with them to Edinburgh, and to re⯑move from his preſence thoſe who had been ordered to attend him by the parliament ⁷. This violence, which had been declared direct treaſon by a late act, was in a very few years to furniſh means for the condemnation of the perpetrators.

A parliament being ſummoned to Edinburgh, 9 Oct. lord Boyd was ſolemnly pardoned by the king; and appointed governor of his perſon, and of the princes, and royal caſtles, and afterwards one of the council choſen to conduct the marriages of James, his brothers, and ſiſters ⁸. The privileges of the church were, as uſual, ratified: it was ordered that the dowery of the future queen ſhould amount to one third of the royal revenue, in lands and cuſtoms: ſeveral regulations to reſtrain the avarice of the clergy concerning penſions, and commendams, were iſſued: and a ſtatute of Robert I, denying to any Engliſhmen benefices [257]ſecular or religious in Scotland, was confirmed. For the further ſecurity of the public peace, high fines were impoſed upon the burrows, or pledges, of thoſe who had been obliged to give ſecurity for their behaviour, and afterwards violated the paction. This parliament further ordained that no perſon ſhould ſend money out of the kingdom, nor take more with him than was neceſſary for his expences, under pain of forfeit⯑ing the ſum, and ten pounds more: an ineffectual proviſion for the want of induſtry, and calculated to fetter commerce, and increaſe that poverty which it was intended to prevent. The increaſing wealth of England rendered the poverty of Scotland more conſpicuous: but we in vain peruſe the Scotiſh acts of parliament, to find encouragement given to the woollen trade, or to manufactures, or any invitation to foreign manufacturers, to ſettle in the kingdom. On the contrary the regulations ſeem only adapted to baniſh commerce; and in conſequence depreſs induſtry; and as it can hardly be conceived that the commiſſioners of the burghs were blind to their own intereſt, there is room to believe that the overbearing nobles, and prelates, intended to cruſh the wealth of the citizens, a ſubject of their envy and ſcorn. The Scotiſh money was now to the Engliſh as one to three; and the Scotiſh ſilver penny became a moſt diminutive coin, ſo that it could not be cut into quarters, or farthings, as formerly: for the benefit of the poor, this par⯑liament decreed that billon farthings, of copper mixt with a ſmall portion of ſilver, ſhould be iſſued, being the firſt example of that coinage in Scotland ⁹.

The national council, having again aſſembled, 1467 31 Jan. publiſhed ſeveral decrees wholly regarding commerce. It was inſtituted that none but freemen of burghs, and their domeſtic factors, [258]and ſervants, ſhould pretend to foreign trade, except the biſhops, lords, barons, and higher clergy, who might ſend their ſervants: that no craftſmen ſhould engage in foreign mer⯑chandize: that none ſhould aſpire to trade, who had not a certain property: that no ſhip ſhould ſail, without a formal agreement between the merchants and the maſter of the veſſel; nor enter upon a voyage in winter: that no merchant ſhould freight any veſſel to certain towns in Flanders, among which Bruges, the grand ſtaple of commerce, is mentioned, but that Middleburg ſhould be the only allowed port in the Nether⯑lands, while Rochelle, Bourdeaux, and the other havens of France, are left free as before; an ordinance apparently pro⯑ceeding from ſome freſh diſſention with the Flemings ¹.

Meanwhile the Boyds proceeded in their ambitious deſigns, and collected a power too heavy for them long to ſupport. Strangers to the prudence of moderation, their career was rapid in the extreme; and the nation beheld with diſguſt, and ſur⯑priſe, their influence ſo far abuſe the weak youth of the king, as to procure his eldeſt ſiſter, who had been affianced to the ſon of Henry VI, in marriage to Sir Thomas, the ſon of lord Boyd. The iſland of Arran, and other lands, were given as the dower of the princely bride, and erected into an earldom in order to elevate the ſtation of her huſband, who was at the ſame time created conſtable of Scotland ². This connection was the more invidious, as lord Boyd was one of thoſe who had been appointed to manage the nuptials of the royal family; and as it was aſſerted that the princeſs had been promiſed to [259]Hamilton's ſon, as a recompence for his critical ſervices to her father, 12 Oct. in withdrawing his forces from Douglas ³.

The ſtatutes of the two next ſeſſions of parliament chiefly concern the ſtate of money in the kingdom ⁴; 1468 12 Jan and muſt have excited diſcontent by the repeated alterations of the value, a ſymptom indicative of a weak or a pernicious government. Scotiſh money now became to the Engliſh as one to four; a circumſtance rather imputable perhaps to the increaſing wealth of England, than to the penury of Scotland; though in the latter country a great ſource of abundance had been ſtopped, by the long diſcontinuance of inroads into England, whence a degree of opulence had ariſen, from the ſpoil and the ranſom of captives. However this be, the unpopular example of James III long ſerved as a beacon to warn the ſucceeding monarchs, and there is no further alteration in the value of money till the reign of Mary.

Among the ſingular incongruities of human affairs, may be claſſed the fortune of the third James. His feeble and ty⯑rannic reign was, in its commencement, graced with the capture of Roxburgh, the reddition of Berwick, and the im⯑portant annexation of the Orkneys to the Scotiſh monarchy; any one of which events would have reflected honour on the able reigns of his father, or grandfather. Let us then abandon the maxim, that political prudence, and ſucceſs, are the ſame. The acquiſition of the Orkneys forms an incident, ſo remark⯑able in itſelf, and attended with ſuch laſting conſequences, that no apology need be offered for entering into ſome detail upon this intereſting ſubject.

That the Orkneys were conſidered as a part of Pikland, till the Norwegians ſeized them, with the Hebudes, in the ninth [260]century, 1468 has been before explained. When the latter iſlands were, in 1266, ſo far recovered by Alexander III, that the Norwegian kings reſigned the title of their ſovereignty to the Scotiſh, though the Lords of the Iſles never paid homage, ex⯑cept by a conſtraint which ſeldom occurred, the Orkneys ſtill remained an earldom, acknowledging no ſuperior but the king of Norway. The Norwegian line of earls failed about the year 1330, in the perſon of Magnus V: and the earldom paſſed, by female ſucceſſion, to Malis earl of Strathern ⁵; who leaving only daughters, William Sinclair obtained the Orkneys, in right of his marriage ⁶; and in this family they long re⯑mained. The undoubted ſuperiority however reſted with the kings of Denmark, to which Norway had been annexed ſince the year 1387; they continued to give the inveſtiture; and, on the failure of heirs, or any pretext of rebellion, or neglect of allegiance, might have reſumed the property. The Nor⯑wegian and Daniſh monarchs even conſidered the houſe of Sinclair as rather inveſted with the titular, than with the real, ſucceſſion; and ſometimes appointed other governors ⁷.

When Hakon VI, in 1379, admitted the claim of Henry Sinclair to this earldom, his inveſtiture was burthened with ſevere conditions: 1, Sinclair was conſidered as being ap⯑pointed governor, and earl, of the Orkneys, by an abſolute grace of the king: 2, beſides preciſe fidelity upon all occaſions, he is bound to ſerve his ſovereign with one hundred men com⯑pletely armed, when required, upon a notice of three months: [261]3, to defend the Orkneys, and Shetland, againſt any invaſion, not only with the native force, but with the whole power of his houſe: 4, to exert both the ſaid powers in aſſiſtance of his Norwegian ſovereign, when he attacked any foreign ſtate: 5, not to build any caſtles, or forts, in the iſlands without the royal conſent: 6, to maintain all the inhabitants in their own laws: 7, not to ſell, or impledge, the earldom, or the right to it: 8, to be bound to anſwer for maladminiſtration accord⯑ing to the laws of Norway: 9, to attend the king upon any juſt cauſe, or at national council: 10, to aſſiſt Hakon againſt the biſhop of Orkney: 11, the earldom is to return to the king, in caſe there are no male heirs: 12, Sinclair is to pay to the king one thouſand gold nobles. The deed contains other ſtrict clauſes, unneceſſary here to commemorate: nor need it be added that Sinclair, in caſe of a war, muſt have choſen between his Scotiſh and Norwegian fidelity, in a cer⯑tainty that the poſſeſſions under both could not be retained ⁸.

The direct ſovereighty of the kings of Denmark and Nor⯑way, over the Orkneys, appears moſt evidently in the years between 1422 and 1434, when different governors were ap⯑pointed, as would ſeem during a minority in the houſe of Sin⯑clair; for in the latter year the inveſtiture of this earldom was, by Eric the Daniſh monarch, conferred upon the celebrated Wil⯑liam Sinclair, afterwards chancellor of Scotaland. To this great man, who held the earldom, when the ceſſion was made, it may appear that Scotland was not a litte indebted for this advantage ⁹.

[262]Another object to be conſidered upon the preſent occaſion, as leading to the final treaty between Denmark and Scotland, is the annual of Norway, as it is termed in a Scotiſh act of parliament ¹. When after the unſucceſsful expedition, and death, of Hakon IV, Magnus V king of Norway, had, in 1266, ceded the Hebudes to Scotland, it was ſtipulated, in the treaty, that the Scotiſh kings ſhould pay the annual ſum of one hundred marks, as an acknowledgment for the renuncia⯑tion. This ſmall ſum, as might be expected, was rather allowed to accumulate, than regularly paid, eſpecially when any commotions intervened in the Scotiſh government. The treaty had been confirmed by Robert I in 1312; and by James I in 1426 ². But, in 1457, the payment had been neglected for a long period; and Chriſtiern I, in whom the houſe of Oldenburg had nine years before aſcended the Daniſh throne, having at length attained poſſeſſion of the ſceptres of Denmark, Norway, and Sweden, and having in the preceding year concluded an alliance with France, remonſtrated, even with menaces, upon this account to the ſecond James ³. The object had been conſidered as of ſuch importance by the Daniſh monarch that, in the treaty with France, a ſpecial article bore that, in caſe of any diſpute with the Scotiſh king, upon this occaſion, Denmark ſhould be ſecure of the friendſhip of France ⁴. It appears indeed that the ſum demanded by Den⯑mark [263]was large; for the penalty of ten thouſand marks, for each failure, was charged: and the aggregate in forty years of omiſſion aroſe to four hundred and four thouſands of marks ſterling, or nearly ten millions preſent currency ⁵. After ſome negotiation, the commiſſioners of Denmark and Scotland at length appeared at Paris, in the year 1460, in the preſence of the French king Charles VII. The Danes only producing a copy of the agreement between Eric and James I; and the duplicate original of the Scotiſh archives being in the poſſeſſion of the biſhop of St. Andrews, the chief of the embaſſy, who had been arreſted by ſickneſs at Bruges; the Scotiſh envoys ſeized the occaſion to ſtart objections. The penalty, they affirmed, could not be incurred as the treaty had not been in⯑fringed, but only neglected; and they even hinted that the long forbearance, on the part of Denmark, implied a pre⯑ſcription. Charles, wiſhing to conciliate his allies, alledged the abſence of the orginal treaty as a ground of indeciſion: but prudently recommended a marriage between the heir of Scotland, and the daughter of the Daniſh ſovereign, as the beſt mean of terminating the difference. After ſome con⯑ſideration of this propoſal, the Scotiſh envoys, who appear to have had previous powers, aſſented, upon condition, that the arrears of the annual ſum payable for the Hebudes ſhould be diſcharged, and the payment for ever remitted: that the king of Denmark ſhould abandon his right to the Orkneys and Shetland; and pay one hundred thouſand crowns for the de⯑coration of the royal bride. The Danes required time to con⯑ſult their court, but in the meanwhile James II was ſlain: [264]upon which event, the king and council of France recom⯑mended delay and deliberation ⁶.

It was not to be ſuppoſed that the Scotiſh government would neglect an object of ſuch moment; and the king's approach to maturity recommended it to increaſing attention. The parliament of 1466 had conſidered the marriage of James as connected with the annual of Norway: but nothing further ariſes till the preſent year, when Chriſtiern ſent to demand the payment, expreſſing at the ſame time his wiſhes of amity with the Scotiſh monarch. In his anſwer James proteſted an equal deſire of friendſhip with Denmark, a country of ſuch proximity to Scotland, and ſo much connected by mutual commerce; and promiſed to ſend embaſſadors in order to conciliate this, and other affairs ⁷. 28 July Accordingly full powers were granted to lord Evandale chancellor of Scotland, Boyd earl of Arran, the biſhops of Glaſgow, and the Orkneys, and other perſons of inferior note, to viſit the courts of France, England, Spain, Denmark, Burgundy, Bretagne, Savoy, and other regions, that they might ſelect a wife for James, and contract the mar⯑riage; a general commiſſion either intended to provide for a failure in Denmark, or to flatter the Daniſh court by the ap⯑pearance of choice, and preference ⁸. This honourable em⯑baſſy proceeded to Copenhagen; and awaited Chriſtiern's re⯑turn from Sweden ⁹.

Chriſtiern I was one of the moſt powerful monarchs who had ever held the Daniſh ſceptre. Poſſeſſed of the three northern kingdoms, and of the duchies of Sleſwick and Holſtein, pious, prudent, liberal, and a lover of peace, he was regarded with veneration by the neighbouring princes, who conſtantly choſe him as the arbiter of their differences. But the frequent tu⯑mults [265]of Sweden, and the repeated aſcents of Charles Canutſon upon the throne of that kingdom, one of which happened this year, joined with the ſums paid for the acquiſition of Sleſwick and Holſtein, had exhauſted the penury of the Daniſh trea⯑ſure. No king of Denmark had ever rendered his influence ſo much known in Europe, by foreign alliances; among which that formed with France againſt England was the chief: and a connection with Scotland, important in itſelf, was further recommended by mutual friendſhip and enmity. Theſe circumſtances conſidered will abate any ſurprize at the con⯑duct of Chriſtiern, in abandoning to Scotland the iſlands of Orkney and Shetland, remote and little profitable to Den⯑mark; and commanded by a Scotiſh family, of divided, and uncertain fidelity.

But to Scotland the proximity of theſe iſlands, and the uni⯑verſal belief that they had anciently belonged to the monarchy, rendered their acquiſition a matter of glory, and importance; not to mention their intrinſic value, which was far from being inconſiderable. The Scotiſh embaſſadors, aware of the weight of their negotiation, conducted it with zeal and prudence; but could not prevaiol upon Chriſtiern to grant an immediate dere⯑liction of the Orkneys and Shetland; while his deſire of the alliance, and his poverty, conſented to impledge them for the greater part of his daughter's portion. The chief articles of this memorable treaty were; 8 Sept. 1, that the arrears of the annual ſum ariſing from the Hebudes, ſhould be remitted, with all the penalties; and no future payment ſhould be demanded from the king and queen of Scotland, their heirs and child⯑ren ¹: 2, that the bride's portion ſhould amount to ſixty thou⯑ſand florins, of which ten thouſand are to be diſburſed before [266]ſhe leaves Denmark with the embaſſadors; and for the re⯑maining fifty thouſand Chriſtiern, with the advice and conſent of the prelates, peers, and chiefs of Norway, aſſigns the iſlands of Orkney, as a pledge to be retained, till redeemed by him, or any future Norwegian king: 3, that James ſhould, in caſe of death, confirm Margaret of Denmark in the poſſeſſion of the palace of Linlithgow, and caſtle of Down in Menteith, with their territories; and in a revenue of one third part of the royal income: 4, that if the queen ſhould in widowhood chuſe to leave Scotland, ſhe ſhould, inſtead of this proviſion, accept one hundred and twenty thouſand florins, of which fifty thouſand ſhould be eſteemed paid upon the redeliverance of the Orkneys; provided that the queen did not marry any Engliſhman of whatever rank ².

The Swediſh commotions continuing to conſume the Daniſh revenues, the delay of the payment agreed on protracted the reſidence of the Scotiſh embaſſy at Copenhagen; and Arran returned to Scotland, to lay the terms before James; and ob⯑tain inſtructions concerning the conveyance of the bride ³. Winter now approached, and the ice and ſtorms of a Scandi⯑navian ſea being dreadful to the embaſſadors, and their fair charge, it was reſolved that the voyage ſhould be delayed till ſpring; 1469 when Arran, with a noble train, again proceeded to Denmark ⁴. The Scotiſh peers envied not his commiſſion; but reſolved to avail themſelves of his abſence, by completing, what on his former departure they had commenced, his ruin and that of his family. Chriſtiern had not repleniſhed his treaſury; 20 May and his deſpair of ſupply prompted him, while he al⯑ledged the Swediſh war as an apology, to offer the iſlands of Shetland, on the ſame terms with thoſe of Orkney, but a [267]pledge only for eight thouſand florins; while he paid the re⯑maining two thouſand, a ſum now equal to about twenty thouſand pounds ⁵. The offer was inſtantly accepted: and ſince that period the Orkneys, and Shetland, have been gems of the Scotiſh crown ⁶.

Margaret of Denmark arriving at Leith, July the royal nuptials, and her coronation, were celebrated with much joy; for the king and the nation exulted in the merits of the queen. She was now only in her thirteenth year; but to eminent perſonal charms, ſhe was to unite ſuch excellent manners, and unaf⯑fected piety, that her example became a living leſſon of virtue. The pomp of her reception correſponded with her worth, and the value of her dower: and the grandeur of the ceremonies was long after remembered with applauſe ⁷.

[268]Amid the general joy, one family was loſt in cares, and in all the remorſe of imprudent ambition. The ſudden elevation of the Boyds had excited uncommon envy; and their pride had created numerous and powerful enemies. During the laſt abſence of Arran, ſuch influence had been exerted, that James had paſſed from extreme favour into a total alienation from that family; and it was natural that, as he advanced in years and intelligence, he ſhould become inimical to a houſe, which had ſo groſsly abuſed his power and his youth. As ſoon as the ſhips which conveyed the Daniſh princeſs, and her attendants, had arrived in the Forth, the ſiſter of James with a laudable zeal for her huſband, haſtened on board to inform Arran that Scotland was now to him a hoſtile, and dangerous, ſoil. They fled together into Denmark, Arran hoping that his wife would prove a pledge for his ſafety ⁸. But the Scotiſh monarch yet further irritated by this inſult, proceeded to ex⯑treme meaſures againſt the Boyds. The chief of the family, lord Boyd, had an idle recourſe to arms: his few followers diſbanded, upon the firſt rumour of the royal ſtandard being diſplayed. 20 Nov. A parliament was held: the charge againſt the Boyds chiefly reſted upon an action of declared treaſon, the removal of the king from Linlithgow: it was pleaded that this deed had been pardoned in open parliament: the anſwer ſeems to have been, that the poſſeſſion of the king's perſon had, upon that occaſion, given the Boyds ſuch influence, as to conſtrain the legiſlative body. 22 Nov. Sentence was pronounced; and Sir Alexander Boyd was beheaded. Lord Boyd eſcaped his brother's fate, by retiring into England, where he died in a few years at Alnwick, under the united preſſure of age, and [269]of misfortunes, rendered doubly keen, by the conſciouſneſs that they were deſerved ⁹.

Arran remained in Denmark for ſome time; and James afterwards found means to have his ſiſter ſent back into Scot⯑land. Her unfortunate huſband wandered into England, and other countries, till he found an early death, and obſcure tomb ¹. Either after his death, or upon a divorce, the Scotiſh princeſs was at length, in 1474, wedded to lord Hamilton, a connec⯑tion which was to open to that noble family a near proſpect of the crown. Her children by the firſt marriage, James Boyd, created lord Kilmarnoc in 1482, and ſlain in a feud with the Montgomeries in 1487; and Grecina, wedded to lord Forbes, and after to the earl of Caſſils, died without iſſue. Her ſecond [270]bed produced James, created earl of Arran in 1503; and Elizabeth, who wedded Matthew earl of Lennox ².

The king, who had now nearly attained his eighteenth year, was, upon his marriage, regarded as arrived at the age of majority; and the reins of ſtate were left entirely in his hands. His perſon was elegant, his mind weak. In attachment to favorites, in ſuperſtition, in love of retirement, and literature, he not a little reſembled James VI. The other chief features of his character were avarice, caprice; and a delight in archi⯑tecture, muſic, and aſtrology, too violent to leave room for the duties of a monarch. His averſion to the ſeverity of public buſineſs rendered the relaxation of his government obnoxious to the united evils of anarchy and tyranny: for, beſides a fixed inclination to deſpotiſm, his impatience of ſlow and moderate meaſures prompted him to ſudden acts of outrage; and his favorites oppreſſed the people, while the indolence of the king abandoned the reins of juſtice; and his lenity to the bad was cruelty to the good. His ſceptre was ſo little ſtained with blood, that the future fate of his brother may excite doubt, or aſtoniſhment: yet oppreſſion may proceed by rapid, though ſilent, ſteps, while the fears and weakneſs of the ſovereign conſtrain him to ſhrink from ſanguinary violence ³.

[271]After the condemnation of the Boyds, the parliament con⯑tinued to ſit, and iſſued ſeveral ſtatutes ⁴. The privileges of the church were confirmed, as not unuſual at the commence⯑ment of a reign. Among many acts of leſs importance, ſome deſerve particular notice. In order to prevent the frequency of murder and homicide, which, as the ſtatute declares, had of late become very common, it is decreed that every man⯑ſlayer, who flees to the ſanctuary, ſhall be brought out, and de⯑livered to a trial by jury; that if the caſe be not accidental he may be put to death, no murderer having any legal claim to ſanctuary. By the writ, called a brief of diſtreſs, the property of the poor tenants was liable to ſeizure, for the debts of the landlord; an injuſtice which this parliament condemns, and declares that the tenants ſhall only be anſwerable to the amount of the rent due. Theſe acts, and others more minute, as that for the preſervation of ſalmon and trout, and that ordering regiſters to preſerve important writs, deſerve praiſe: but ſome there are of a different complexion, and which ſeem to contain the firſt germ of deſpotiſm ill underſtood. The election of aldermen, (afterwards called provoſts,) and baillies, is formally wreſted from the people of the burghs, upon pretence of avoiding annual clamours; and, by a ridiculous ariſtocracy, the old council of each burgh is to chuſe the new; and both united are to appoint the alderman, the baillies, and other officers. The inſtitution of the lords of the articles is loſt in [272]the darkneſs of the fourteenth century, and that innovation ſeems rather an ignorant, than a deſigned, attempt upon the liberties of the parliament, and of the nation. But the preſent was a flagrant infringement of the freedom of the people; and though the commiſſioners of the burghs were generally ma⯑giſtrates, who gained by the court, or by private intereſt, ſanctioned this meaſure, yet the nation ſaw it in a proper light, and the monarch ſoon became an object of public deteſtation. Another ſtatute of this parliament ſpeaks a new, and ſtrange, language; "it is thought proper that the court of parliament, juſtice's court, chamberlain's court, and ſuch like courts, which continue their ſeſſions, need not be continued from day to day; but that they be of the ſame force, until the time that they be diſſolved, the parliament by the king, the juſtice's court by the juſtice, the chamberlain's by the chamberlain, and ſo in other ſuch like courts." It is unneceſſary to add that the legiſlative aſſembly of the nation is here, for the firſt time, put upon the mean and dependent footing of a mere court of juſtice, exiſting by the royal pleaſure; and aſſimilated, in terms of contempt, with the inferior courts ⁵. This novelty calls for a pauſe, to diſ⯑cover, if poſſible, the motives, and adviſers, of ſuch meaſures.

The youth of James, at this period, and the weakneſs he afterwards diſcovered, lead to a ſtrong ſuſpicion that ſome fa⯑vorite miniſter, or miniſters, were the real authors of the deſpotic procedure, which, during this reign, diſguſted all orders of men. But ſo barren are ſtill our materials, concern⯑ing the internal government of the kingdom, that conjecture, [273]and probability muſt ſupply the defect of clear information. The power of the chancellor became, in this reign, yet more remarkable than at any prior period; and he now obtained the high diſtinction of a precedence next to that of the princes of royal blood ⁶. In parliament he preſided, and di⯑rected the lords of the articles; and in fact the whole legiſla⯑tive body. This office during the far greater part of this reign, from 1460 to 1482, was filled by Andrew Stuart, lord Evandale, the natural ſon of Sir James Stuart, ſon of Murdac duke of Albany. It appears to be a novelty in our hiſtory that one ſo nearly connected with the royal family, eſpecially when Evandale and his brothers were legitimated by the king's mandate in 1472, ſhould hold this important office: and there is room to ſuſpect that Evandale ſacrificed his duty to the na⯑tion to the aggrandizement of the royal family, which he re⯑garded as his own. Beſides this motive, other circumſtances conſpired to extend the prerogative during this reign, unhap⯑pily not upon the prudent plan, ſoon after to be followed by Henry VII of England, in depreſſing the nobles and raiſing the people; but upon that already eſtabliſhed by Louis XI of France, in cruſhing the ſpirit and freedom of the commons, with thoſe of the ariſtocracy. In Scotland the people never knew their own weight, and the government turned between ariſtocracy and deſpotiſm; the nobles and the king commonly forgetting the nation, which deſerved the neglect while it ſilently abandoned its awful claim. But till James VI acceded to the Engliſh throne, and left the Scotiſh nobles at a great diſtance, and in a degrading inferiority, deſpotiſm made but a ſlow progreſs in Scotland, and the chief evils aroſe from the ariſtocracy which prevented the progreſs of induſtry and civi⯑lization. [274]Yet the conduct of James III ſeems to evince that the nation could have no reaſon to prefer the power of the king to that of the nobles; for the deſpot who preſcribed de⯑grading laws, and expreſſed open contempt for the nation, repreſented in its legiſlative aſſembly, was yet more inimical than the ariſtocracy; which, even by its diſſenſions, maintained, in ſome degree, the freedom, the vital current of the nation. A chief motive of the arbitrary procedure of James III appears to have ariſen from the temporary humiliation of the nobility; who, though ſtill poſſeſſed of equal power, as they were after to ſhew in the impriſonment and ſlaughter of their ſovereign, yet were awed for a time by the ruinous examples of the houſes of Douglas and Boyd. The contemporary reign of Louis XI ⁷ ſeems alſo to have corrupted the counſels of James; for not only did the alliance with France introduce, at different times, many imitations of the French government and inſtitutions into Scotland, but James ſeems to have ſelected Louis for his particular model: yet as a man of abilities never imitates, ſo happily, in the preſent inſtance, abilities cannot be imitated. Crimes and faults may: and we behold Louis reflected, ſo to ſpeak, by James, in the heavy ſuſpicion of a brother's blood, in contempt of the nobility, and in the choice of low favorites, in an appearance of devotion, in attachment to aſtrology, in avarice, in a life of retirement and jealouſy, and in the love of arbitrary power. In their attention to ſome ſciences they were alſo ſimilar; and the patronage of Louis to an ingenious foreigner, Galeotus Martius, is rivalled by that of James to [275]another, William Roger, the Engliſh compoſer of muſic ⁸. But the ſucceſs of their political plans was very different. Louis, aſſiſted by chance and circumſtances, laid the laſting foundation of abſolute power, levelled the nobility, cruſhed the people; and by diſcontinuing the ſtates general annihilated national freedom. James wiſhed to eſtabliſh arbitrary govern⯑ment by the depreſſion of the nobles, and the people; and by converting the national council, which neither his abilities nor his power would permit him to diſcontinue, into a mere court: but he forgot that neither his revenue, nor his authority, cor⯑reſponded with his deſigns; and fell a ſacrifice to the ariſto⯑cracy, whoſe influence reſumed its former ſway. Theſe re⯑flections have been excited by the importance of the ſubject; but their prolixity having already exceeded the intention, it is proper to return to the narration.

After a ſilent year in the Scotiſh annals, 1471 6 May the firſt object, which arreſts attention, is another parliament, of which ſome ordinances deſerve hiſtorical commemoration ⁹. The ſtatute of the laſt parliament againſt murder is enforced, and en⯑larged; that crime being again declared to have become com⯑mon. It is decreed, "conſidering the great poverty of the realm," that none ſhall wear ſilk, the importation being ſo expenſive, except knights, minſtrels, that is performers of muſic, and heralds, and thoſe worth one hundred pounds in the an⯑nual income of lands. Another ſtatute ſhews that the intereſts of the country began to be ſomewhat underſtood: it concerns the fiſheries, an object of repeated attention, and endeavours, for three centuries; and now, it is to be hoped, the ſucceſsful care of a patriotic ſociety. This remarkable act is conceived [276]in theſe terms: 1471 "the lords ¹ think expedient, for the common good of the realm, and the great importation of riches to be brought into the realm from other countries, that certain lords ſpiritual and temporal, and ſome burghs, cauſe equip large ſhips, buſſes, and other great pink-boats, with nets and all ne⯑ceſſaries for fiſhing: the execution of this object, and the form, and number, to be conſidered at the prorogation of this par⯑liament ²." But the ſubject was not reſumed: and the ſcheme only excites a ſigh at the conſideration how eaſily nations are excited to war, or any ruinous project, and with what extreme difficulty any plan of public benefit is carried into execution. Another prudent ſtatute provides againſt the encroachments of the Roman church, now ariſing to ſuch enormity, as, in half a century, provoked the reformation, by prohibiting the clergy, under pain of treaſon, to procure any benefices from the court of Rome, not formerly held by the pope's diſpoſal; or to collect more money for the papal treaſury, than had been regulated by the antient taxation of Bagimont ³. In this act the clergy's title to free election of their dignitaries is men⯑tioned, and confirmed: but two years after we find that James deſpoiled the pope only for his own purpoſe, and cruſhed even this mean relict of freedom. The monks of Dunfermlin having choſen an abbot, the king probably won by a ſum of money recommended another to the pope, obtained his confirmation; and this new tyranny became inviolable cuſtom ⁴. Among the ſecular clergy alſo the monarch uſurped the rights of the [277]biſhops; and gave, or ſold, benefices to laymen, as well as abbacies and priories, a ſource of great national diſorder and diſcontent ⁵. James was unconſcious of the weakneſs of an unſupported throne; and his wild deſpotiſm aſſailed all orders of men.

Nevertheleſs the Scotiſh clergy now attained greater con⯑ſiſtence, and dignity, from the appointment of a primate. Patrick Graham, the ſucceſſor of Kennedy in the biſhopric of St. Andrews, obtained from the pontiff a bull erecting that ſee into an archbiſhopric: and to this new dignity he added the titles of papal nuntio, and legate a latere. Inſtead of con⯑gratulating their order upon this acceſſion of importance, and the kingdom upon the honour and advantage of a metropolitan ſee, at this period to be found in all the other chief ſtates of chriſtendom; and the want of which, as religion then ſtood, might bear a derogatory interpretation, and had induced and might induce the uſurping claims of the primates of York; a ſpirit of envy ſeized the Scotiſh clergy. By an offer of eleven thouſand marks, the biſhops excited James to oppoſe, and in⯑ſult, the archbiſhop: reciprocal intereſts, and abuſes, concurred to unite the king and the prelates againſt Graham, a man of worth and learning, who was impriſoned in the caſtle of Loch⯑leven; where he died ſeven years after, in the vain enjoyment of his titles ⁶.

BOOK VIII. BEING THE SECOND, AND LAST, PART OF THE REIGN OF JAMES III.

Tranſactions with England and Burgundy—marriage treaty with Edward IV—commencement of Engliſh influence in Scotland—forfeiture of Roſs—parliament—character of Al⯑bany and Mar—Albany's eſcape—death of Mar—war with England—parliaments—Albany in England—Gloceſter's in⯑vaſion—plot—execution of the royal favourites—James con⯑fined—truce—deliverance of James—Albany's treaſon and flight—Margaret the king's ſiſter weds Crichton—parliament—Douglas a captive—negotiations with Richard III—impo⯑licy of James—death of Margaret of Denmark—parliament—marriage indenture—confederacy againſt James—conflict at Blackneſs—battle at Sauchy—death of the king.

NOTHING memorable occurs, 1472 10 Mar. in the courſe of the en⯑ſuing year, except the birth of a prince, afterwards James IV¹; and the continuation of the truce with England; the throne of Edward IV having at length been firmly eſta⯑bliſhed [279]by the death of Henry VI, 1472 and his ſon, that monarch reſolved to preſerve the pacification with Scotland, which had been ſomewhat interrupted by the mutual incurſions of the borderers, and other incidents. The commiſſioners of both nations having met, it was agreed that the long truce ſhould be ſtrictly obſerved; and proviſions were made againſt any in⯑fringement ².

Charles the Raſh, duke of Burgundy, 1473 having engaged in war with Louis XI of France, ſent to requeſt the aid of England. Edward was willing to liſten to the demand; but expreſſed apprehenſions left the Scots ſhould in this caſe ſupport their French ally. To obviate this objection the Burgundian em⯑baſſadors proceeded into Scotland; and, by gifts or promiſes, prevailed on James to agree to a ſpecific continuation of the Engliſh truce for two years, without prejudice of the long pacification ³.

[280]The ſtatutes of the next Scotiſh parliament are too minute for the notice of hiſtory; 1474 9 May but the three eſtates deſired the king to form an alliance with the German emperor, by the means of his father-in-law, the ſovereign of Denmark: and at the ſame time requeſted that an embaſſy might be ſent into England, in order to obtain redreſs concerning the ſeizure of a large ſhip ⁴. This veſſel was the noted St. Salvator, commonly called the Biſhop's Barge, having been conſtructed at the ex⯑pence of biſhop Kennedy, as formerly mentioned. Remaining the property of the ſee of St. Andrews, this ſhip, freighted with valuable merchandize, on the account of the archbiſhop, (for in this, and the following century, the prelates and nobles in England and Scotland aſpired to commerce,) went aground near Bamborough. Some merchants, literary perſons, and other paſſengers, were drowned: the abbot of St. Colm, being captured by the Engliſh, was detained till a ranſom of eighty pounds was paid ⁵. In the following year Edward IV ordered a partial compenſation of five hundred marks, with permiſſion to the Scots to ſue for any further redreſs in the courts of law ⁶.

Meanwhile a more important affair was in agitation between the courts of England and Scotland. Edward IV was aware of the arts by which Louis XI had endeavoured to fix the Scotiſh monarch in his intereſts; and reſolved to fruſtrate the deſign by the diſplay of ſuperior advantages. In 1472 the duke of Bretagne had accuſed Louis of inviting the Scots to aſſault that duchy, upon a promiſe of aſſigning it to James; a charge apparently well founded, for Louis had commiſſioned [281]his envoy Concreſſault to perſuade the Scotiſh king to equip as many veſſels as he could, 1474 and engage troops from Denmark ⁷. As the offer of Bretagne was a proof of the artifice of Louis, though too groſs to be attempted except with a young monarch, and unexperienced council; ſo the demand of a Scotiſh fleet was a mark of his ignorance, Scotland having no ſhips of war, and none to ſpare from her ſcanty commerce. On the other ſide, James appears not to have acted without duplicity; for while he conſented to the truce requeſted by England and Burgundy, he imparted their deſigns to Louis, and inſinuated that he could liſten to no propoſal inimical to the French alli⯑ance. At the ſame time he deſired permiſſion to paſs through France in a pilgrimage to Rome, a deſign which may have proceeded from the known ſuperſtition of James; but which rather ſeems, from the circumſtances, to have been founded upon the ſuppoſition that his abſence might excuſe the Scots from lending any aſſiſtance to France. Louis, in return, ſent Monipeny his chamberlain, to requeſt James not to leave his kingdom in the preſent conjuncture: and the advantages offered by England inducing the Scotiſh king to a deciſion in favor of that kingdom, the advice of Louis was followed, though not the motive ⁸.

[282]To counteract the arts of France, and to fix the wavering reſolution of James, the Engliſh monarch entered into a treaty with Scotland, upon a more ſolid foundation. The Scotiſh embaſſadors, who had entered England in July ⁹, returned to Edinburgh in October, accompanied by the biſhop of Durham, Lord Scrope, and two other Engliſh commiſſioners; who having met with the biſhops of Glaſgow and Orkney, the earls of Argyle and Crawford, and others appointed on the part of Scotland, eſtabliſhed an alliance upon the following terms. 26 Oct. 1. That in order to promote the wealth, peace, ho⯑nour, and intereſt, of this noble iſle callit Gret Britane, a marriage ſhall be contracted between James the prince of Scot⯑land, and Cecilia youngeſt daughter of Edward IV, both in early infancy. 2. That the truce of fifty four years, extending till 1519, ſhall remain in full force. 3. That, during the truce, both monarchs ſhall aſſiſt each other againſt rebels, if required. 4. That the prince being only two years of age, and the bride four, the kings ſhall ſolemnly engage to accompliſh the mar⯑riage in due time. 5. That the prince and princeſs ſhall, during the life of James, enjoy the uſual lands of the heir of Scotland, being the dukedom of Rothſay, the earldom of Car⯑ric, and the lordſhips called the Stuart-lands. 6. That Ed⯑ward ſhall give with his daughter the ſum of twenty thouſand marks ſterling, (now equivalent to about one hundred and forty thouſand pounds,) of which two thouſand ſhall be paid yearly in the pariſh church of St. Giles at Edinburgh; the firſt payment to be made on the ſecond day of February next 1475. And laſtly, it was agreed that in caſe of the death of the prince, or princeſs, the heir of Scotland ſhould marry a daughter of England, upon the ſame terms; otherwiſe all the [283]ſums advanced ſhall be repaid within four years, except the ſum of two thouſand five hundred marks, which Edward agrees to abandon in conſideration of the intended amity ¹.

Such was this memorable treaty, which, had it been ob⯑ſerved, might have proved highly advantageous to both king⯑doms; and in particular might have ſaved Scotland from the loſs of Berwick, and from the ruinous battle at Flodden. The annual payments of Cecilia's portion may be regarded as a ſubſidy of importance, amounting as may be conjectured, to an increaſe of nearly one third in the royal revenue of Scotland; and the Engliſh policy in this advanced mode of diſburſement ſeems aſſumed in order to ſecure the continuance of the Scotiſh amity. A lively writer has obſerved that a poor ſtate, which is adjacent to a wealthy, muſt, in the natural courſe of human affairs, expect to be ruled by the money of her neighbour ²; and when we behold Sparta in the pay of Perſia, overturning the liberties of Greece, during the Peloponneſian war, we need not ſigh at the compariſon of ancient and modern virtue. Taught by the example of France, which diſburſed regular penſions to Edward and his courtiers ³, England ſeems now, for the firſt time, to have laid down a ſcheme of policy con⯑cerning Scotland, which was afterwards to be reſumed, and continued, with ſucceſs, till the acceſſion of James VI to the Engliſh ſceptre. Reſolving to rival, or exceed, France in pecuniary gratifications, England found gold more powerful than ſteel, in fixing the fidelity of her northern neighbour; while Scotland muſt find an excuſe in her penury, and in the general defects of human nature, for expoſing her fidelity to [284]the mutual temptations of French and Engliſh ſubſidies. Nor muſt it be forgotten that the moſt able politician might have been perplexed in the deciſion, whether the connection with England, or that with France, would moſt advance the honour and intereſt of Scotland; ſo that no blame of treaſon to their country can reſt with the receivers of the gold of either king⯑dom.

The treaty, 1475 which Edward IV had entered into, had been negotiated at Edinburgh, a mark of friendſhip before un⯑known between the countries, as the Engliſh monarchs, from precedency of rank, had ever inſiſted on the negotiations being conducted in their own kingdom. To maintain the new in⯑tercourſe with Scotland, April Edward ſent Dr. Alexander Legh, his almoner, on an embaſſy to that country. He was in⯑ſtructed to give complete redreſs to the Admiral of Scotland, for a ſhip fitted out by James himſelf, which, by a ſingular chance, had been captured by the May-flower, a veſſel be⯑longing to Richard duke of Glouceſter ⁴.

Having ſecured the friendſhip, or forbearance, of Scotland, Edward paſſed into France with his army; July but, being over⯑come by the money and the wines of that kingdom, he yielded to the arts of Louis XI, and withdrew inglorious ⁵.

[285]The parliament, which was prevented from meeting in September by ſome appearances of the peſtilence, having at length aſſembled at Edinburgh in November, iſſued ſeveral unimportant regulations, chiefly concerning the coin ⁶. A clauſe in the late treaty with England bearing that neither monarch ſhould aſſiſt rebels, and the king's inſular power being enlarged by the acquiſition of the Orkneys, it was re⯑ſolved to proceed vigorouſly againſt John, the earl of Roſs and lord of the Iſles, who had ſupported Douglas and his brothers in their grand rebellion, had in 1462 entered into engage⯑ments with England, and whoſe conduct merited chaſtiſement. Accordingly having neglected to appear when ſummoned, a ſentence of forfeiture was pronounced againſt him ⁷. 1 Dec. As ſoon as the ſeaſon of the year permitted, 1476 May a force was collected to execute the ſentence. Some veſſels being aſſembled on the north of the river Forth, the earl of Crawford was appointed admiral, and the earl of Athole general. Roſs, alarmed at this effectual preparation, was induced to ſubmiſſion by Athole's interceſſion, which the king rewarded by the gift of the lands of Cluny. In the enſuing parliament the rebellious earl ap⯑peared, and ſubmitted to the royal will: July Roſs was withdrawn from his power, and annexed for ever to the domains of the crown, with liberty nevertheleſs to the ſovereigns to grant that extenſive earldom to their ſecond ſons. The title of Lord of the Iſles was confirmed in conſequence of his ſubmiſſion, and engagement to maintain the laws of the kingdom. But [286]Knapdale and Kintyre, forming a cherſoneſe in the weſtern ſea, 1476 were alſo withdrawn from his authority, with the caſtles of Inverneſs and Nairn. The earldom of Roſs though claimed, or held, by the lords of the Iſles, Donald and Alexander, the grandfather and father of John, from nearly the commence⯑ment of this century, it was yet no violent ſtretch of power to reſume from hereditary foes of Scotland ⁸.

In the ſame parliament, the king, who had now attained his twenty-fifth year, a period to which the civil law annexed the title of complete majority, ſolemnly revoked all alienations, or gifts prejudicial to his crown, or to his heirs; and, among others, the cuſtody of his caſtles, otherwiſe than during plea⯑ſure, eſpecially thoſe which formed the keys of the kingdom ⁹.

The third, 1477 and laſt payment of the portion of Cecilia which Edward IV thought proper to make, was duly performed ¹; but a change of political views was ſpeedily to terminate this plan of pacification.

Of the next national council the chief ſtatute concerns the importation of proviſions. 6 Aug. The congregated wiſdom of the nation is not aſhamed to declare, that proviſions being uſually very ſcarce, the chief ſupport of the realm lay in the hands of ſtrangers, who import them from various countries; and who are of courſe intitled to a favourable and honourable reception. Any reſtriction, or impoſition, is therefore withdrawn; and it is ordered that after the foreign proviſions are entered in the tolbooth, or guildhall, the king, and lords of the council, ſhall have the choice at the market price; and the remainder ſhall [287]be open to general ſale ². The ſtate of the kingdom may be better diſcerned by this ſtatute, than by volumes of declama⯑tion: and it is almoſt unneceſſary to add that this want of common induſtry led to a gradual increaſe of impoveriſhment; for Scotland poſſeſſed not, like ancient Athens, or modern Holland, commerce, arts, and manufactures far more than ſufficient to counterbalance the great diſadvantage of acquiring ſubſiſtence by foreign purchaſe.

This parliament alſo decreed that an embaſſy ſhould be ſent to the duke of Burgundy, at the expence of the burghs, to confirm and renew the alliance formerly contracted, and to obtain a ratification, and if poſſible an enlargement of the im⯑munities granted to Scotiſh merchants, and a redreſs of any damages ³. This potent prince had ſent conciliating letters to the Scotiſh court, as the act expreſſes: but could the parlia⯑ment be yet ignorant that the dead body of Burgundy had been trampled into the ice and mud, before Nanci, on the fifth of January; and that Mary his only daughter was unmarried, not having united thoſe wide territories to the houſe of Auſtria, by her marriage with Maximilian, till the eighteenth of Auguſt? But it is probable that the parliament ſat a conſiderable time; and that the latter may be the duke mentioned. An embaſſy into England is alſo ordered, to negotiate another marriage-treaty with the royal houſe of that kingdom ⁴.

But Edward again ſent Legh as his embaſſador into Scot⯑land, with inſtructions to repreſent that the marriages pro⯑poſed by James, between his ſiſter Margaret and the duke of Clarence, and between Albany and the ducheſs of Burgundy, widow of Charles the Raſh and ſiſter of Edward, could not be then negotiated, as her year of mourning was not expired ⁵.

[288]The ſuperſtition of James now ſuggeſted a deſire to viſit the ſhrine of St. John at Amiens, 1478 17 March and Edward granted a ſafe con⯑duct for his paſſage through England, with a thouſand attend⯑ants, for that purpoſe; not omitting his earneſt deſire to confer with the Scotiſh king ⁶. Yet the journey was deferred: and James was contented with ſtriking a large medal of gold, which he ſent to be appended to the ſhrine ⁷.

The freſh diſputes between England and Scotland appear to have originated in this, or the preceding year; but their cauſe has not been accurately explained. The death of the duke of Burgundy, which changed the views of France and England, ſeems to have been the chief ſource of this altera⯑tion. Louis XI having been delivered from this dreadful foe, and having ſecured himſelf from the enmity of Edward IV by a truce for their lives, by the punctual remiſſion of penſions to the Engliſh king and court, and by flattering Edward with the marriage of the dauphin to Elizabeth his eldeſt daughter, there was reaſon to expect a laſting peace between their king⯑doms ⁸. In conſequence, Edward, whoſe temporary fears, and intereſt, had alone formed the treaty with Scotland, and whoſe only deſires were money and luxury, began to regret the annual diſburſements, and to wiſh for another war as a pretext of raiſing money for his pleaſures and profuſion. But their ſacrifice of the French alliance, and their inteſtine com⯑motions, prevented the Scots from haſtening into an open en⯑mity with England.

The reign of James had hitherto been ſucceſsful; and for⯑tune had ſhowered favours upon him, which to his wiſer pre⯑deceſſors had been denied. The acquiſition of Roxburgh, [289]Berwick, the Orkneys, and Shetland; the honourable mar⯑riage treaty with England, the reſumption of the earldom of Roſs, were ſplendid events, which prevented the eruption of public diſcontent at many new and arbitrary meaſures. But James had provoked deep and inveterate hatred; and, having no ſtanding army, could not rule by fear alone. A great alteration is now to take place; imprudence is to incur the uſual deſtiny: and a thick cloud of crimes, and misfortunes, is to darken the ſucceeding years of this reign.

The character of James was ſtrongly contraſted by thoſe of his brothers, Alexander duke of Albany, and John earl of Mar. While the king, in ſolitary retirement, indulged his favourite ſtudies of muſic, architecture, and aſtrology, he forgot the duties, amid the idle amuſements, of a monarch. The nobles, in the feudal ages, ſeldom viſiting the court, except upon occaſions of buſineſs, or high feſtivals, and being igno⯑rant of the arts in which James delighted, he had recourſe to the converſation of thoſe who excelled in them; but forgot the majeſty of the ſovereign ſo far as to make companions and fa⯑vorites of men of mean origin; imitating Louis XI who had raiſed his barber Oliver le Dain to great wealth, and high dignities; but a ſtranger to the ſtanding army, large revenue, and other reſources, which enabled that king to cruſh the lofty, and exalt the humble. Cochran a maſon or architect, and Rogers the Engliſh maſter of muſic, were reſpectable names among the favourites of the Scotiſh king, when followed by thoſe of Leonard a ſmith, Hommil a taylor, and Torphichan a fencing maſter ⁹. The contempt and indignation of the no⯑bility were extreme, when they beheld the public favour of the ſovereign to thoſe minions, joined with a pointed neglect of their haughty order.

[290]Albany was a ſenſible and ſpirited prince, fond of martial exerciſes, of fine horſes, and of attendants tall and vigorous. In perſon he was of a middle ſtature, ſtrong, and well propor⯑tioned: his broad ſhoulders, and blooming yet ſtern counte⯑nance, engaged the praiſe of a martial age: and his known courage, if we believe an hiſtorian, was the only cauſe why the nobles did not rebel againſt James, while he lived in amity with this brother ¹. Mar added ſuperior ſtature to youth, beauty, and elegance of perſon: his gentle manners won every heart; nor did he yield to his brother in the favourite exerciſes of the nobility, or in his attention to the breed of his war⯑horſes: and in hunting, hawking, and every knightly paſtime, his ſkill and grace were admired ².

The wardenſhip of the eaſtern marches had been aſſigned to Albany, for life, by his father James II; to which the honours of governor of Berwick, and lord lieutenant of the borders, had been added. From his father he alſo derived the earldom of March, and its ſtrong caſtle of Dunbar ³. If we credit Lind⯑ſay, who ſomewhat depraves his information by repreſent⯑ing Alexander lord Home as chamberlain ſince the reign of James II, while he held not that office till the commencement of that of James IV, a violent enmity had taken place between Albany, and the Homes and Hepburns, whoſe eſtates lay con⯑tiguous to his earldom of March. In order to ruin Albany, his enemies applied to Cochran, who reſented that prince's contempt, while he dreaded his power: this favourite knowing the weak part of his ſovereign's character, procured a witch to pronounce to James, that he ſhould be ſlain by one of his neareſt kindred; and his children being infants, the ſuſpicion fell upon his brothers, and led to their ruin. Buchanan im⯑putes [291]the king's enmity againſt his brothers to a propheſy of Andrew, a Flemiſh aſtrologer, and favorite of James, that in Scotland a lion ſhould be devoured by his whelps; which, if a real prediction, was ſingular in its accompliſhment: but the account of Lindſay is more probable, as the latter emblem could not point to brothers. From the account of Ferrerius, which is the moſt ancient, it appears that Mar was accuſed of uſing magical arts againſt the king's life ⁴. In our choice of weak motives, we are however left certain that the tyranny of James was ſtrong: nor is there the ſmalleſt reaſon to infer from the baſe treaty made with Edward IV by Albany in 1482, and to which he was driven by deſpair and reſentment, that he now entertained any diſloyal deſigns; far leſs any in⯑tercourſe with England ⁵, which kingdom he did not viſit till three years after his eſcape to France; and even then was in⯑duced by the ſpecial invitation, and intereſted views, of Ed⯑ward. It is however not improbable that Albany and Mar, having alſo encountered the king's indifference, ſhared the re⯑ſentments of the nobles, and with them conſpired againſt the royal favourites, who had ſufficient intereſt and addreſs to con⯑found their ſafety with that of the government. Amid the dark⯑neſs which attends the commiſſion of crimes, it belongs to can⯑dour, and reaſon, to infer a motive ſtrong enough to blunt the feelings, and corrupt the heart, for human depravity cannot at once proceed to the utmoſt degree: but when we ſpeak of the [292]"good old times," let us reflect that the three contemporary ſovereigns of France, England, and Scotland, were all ſtained with a brother's blood.

However obſcure the origin of the tempeſt might be, 1479 its effects were apparent and dreadful. Mar was ſeized by the king's command, and confined a cloſe priſoner in the caſtle of Craigmillar, near Edinburgh. Albany was committed to Edinburgh caſtle; and Evandale the chancellor was ſent to beſiege his fortreſs of Dunbar, which ſoon yielded, the gar⯑riſon withdrawing in boats to the Engliſh coaſt ⁶.

As the deſpotic temper of the king was certain, his frater⯑nal affections dubious, Albany thought proper, after a confine⯑ment of ſome duration, to contrive means of eſcape. Either by concert, or chance, a French veſſel arrived in the Forth, and anchored near Newhaven, a ſmall and little frequented port to the weſt of Leith, and of ſhort and eaſy acceſs from Edinburgh. The captain, either in the plot before, or now gained by Albany's emiſſaries, pretended that his cargo con⯑ſiſted of excellent wines; and ſent to the caſtle to requeſt the duke to honour him by the firſt choice. Two ſmall caſks of malmſey, then a favourite wine, were ordered: and the cap⯑tain in one of them concealed a roll of wax, incloſing a paper of intelligence and directions; while the other conveyed a long rope, the mean of deliverance. As the duke's meſſenger was [293]a confidential domeſtic of tried fidelity, he was intruſted with the ſecret, and ſerved his maſter's deſign with zeal. After ſupper the commander of the fortreſs went to the king's apart⯑ment to receive his orders, James lodging in the caſtle at the time; and having ordered the gates to be ſhut, and ſet the watch, he returned by appointment to Albany's chamber, to enjoy a collation and wine. The duke and his ſervant were abſtemious, while they artfully engaged the commander, and three of the garriſon who guarded the priſoner, in repeated draughts of intoxication. Secure in their ſleep, or in their death, for according to ſome accounts the odious gueſts were ſlain, Albany and his domeſtic proceeded to a retired part of the wall, concealed from the view of the watch; and the rope being fixed, and let down, the ſervant firſt explored the dan⯑gerous height: but from the ſhortneſs of the rope, fell, and broke his thigh: the duke guarded againſt the ſame fate, by increaſing the length with the torn ſheets of his bed, and de⯑ſcending ſafely, firſt carried his faithful domeſtic on his back to a place of ſecurity; and then proceeding to Newhaven made the ſignal appointed, and was received on board the ſhip, which immediately ſailed for France. The king was ſo much ſur⯑prized at this eſcape, almoſt from his own preſence, that he would not yield to conviction, till he had himſelf examined the priſoner's apartment, and ſeen the ſpot and inſtrument of his flight. Vain orders were given to ſearch the caſtle, and ſend out horſemen on all ſides, with promiſes of high reward, be⯑fore the truth was diſcovered ⁷.

[294]Albany having arrived in France went to Paris, where he was honourably received: Gaucourt in the king's name, and the magiſtrates and council of the city, awaiting on the road with congratulations. Louis ordered Monipeny and Concreſ⯑ſault, Scotiſhmen of rank, to attend the duke; and his ex⯑pences were defrayed by the royal favour, but his train not exceeding twelve perſons there was no great room for munifi⯑cence ⁸.

A different fate awaited Mar, who, inſtead of an open trial by his peers, encountered a private condemnation by the king's domeſtic council, apparently conſiſting of Cochran and the other minions ⁹. The unfortunate youth was afterwards brought from Craigmillar to the Canongate of Edinburgh, where a vein was cut, and he was allowed to bleed to death; an eaſy mode of extinction, preferred by the philoſophy of Se⯑neca, and the luxury of Petronius ¹. Several perſons of both [295]ſexes were, at the ſame time, condemned and executed, for conſpiring in the pretended magical practiſes of Mar againſt the king's life ².

The wars between England and Scotland now begin to be 1480 more unfrequent, and upon this account to deſerve greater attention: that which now commenced is the moſt memorable, ſince the battle of Sark, a ſpace of more than thirty years: and ſimilar diſtances divide the preſent contention, the battle of Flodden, and that of Pinkie. The great inequality of the conteſt is matter of glory to the ſmaller ſtate, which unhappily [296]either declined, or was ſtationary, in wealth, and power; while the other was rapidly progreſſive. Henceforth defeated in every great conteſt, the ſpirit of Scotland remained unim⯑paired; and while her ſoldiers knew not the name of fear, they might execrate the caprice of chance, and the want of military ſkill, patience, and genius, in their leaders. The hiſtorian of the houſe of Douglas heſitates not to pronounce that, ſince the fall of that family, Scotland has performed few deeds of arms ³: many of that illuſtrious progeny were indeed born generals, and the deficiency of ſuch ſingular genius, which depends upon great and prompt faculties, cool intuition, and a kind of preſcience, and to which the impetuoſity of the na⯑tional character is highly adverſe, was repeatedly felt by this warlike kingdom.

If it be often dubious, even in modern times, which of two warring nations was the aggreſſor, a ſuperior certainty is not to be expected in remote ages. Some aſſert that Edward IV was the author of hoſtilities; while others affirm that Louis XI excited the Scotiſh king to arms. The latter opinion might be ſupported by the treaty, which was entered into, in the end of the year 1479, between Edward IV and the dukes of Auſtria and Bretagne, the foes of Louis ⁴: but as the French monarch pretended ignorance of that tranſaction, and continued to pay Edward's penſion, and to cultivate his amity, dreading leſt he ſhould openly aſſiſt the Flemings, with whom the French were at war, it does not ſeem probable that he ſhould wiſh, by in⯑citing the Scots to arms, to provoke the decided enmity of England. A diverſion of a part of Edward's force was all that could have been gained; while the practices of Louis might have been puniſhed by the remainder. Other arguments againſt [297]this ſuppoſition ariſe from the ſilence of Comines, that great contemporary, and other French writers, concerning this war, or any part taken by Louis in its provocation; and from the reception of Albany in France, which argues no friendſhip between Louis and James: the truce of fifty-four years, and the marriage treaty with England, having conſiderably impaired the connection between France and Scotland. On the other hand, as is before obſerved, it is certain that in 1478 Edward, by diſcontinuing the payment of Cecilia's portion, had infringed the amity with Scotland, whoſe reſentment had only been ſup⯑preſſed by the commotions in the royal family, and by the long diſuſe of war. But to guard againſt any hoſtile intention of the Scots, Edward, on the twelfth day of May 1480, had named his brother Richard duke of Gloceſter, the future uſurper, lieutenant-general of the North, and appointed him to lead an army againſt his inveterate enemy the Scotiſh king; whom he accuſes of an intention to violate the truce, and enter the Engliſh territories, "in contempt of his own ſame ⁵." But in the ſame of crimes Edward and James were equal; and to that of virtues their pretenſions were ſimilar. Some incurſions having been made by the Scots, Edward, on the twentieth of June following, commanded his array to be in readineſs: yet no important hoſtility followed, till the enſuing year.

[298]In his averſion for war James ſent a herald to the Engliſh court, 1481 offering to redreſs any infringements of the truce com⯑mitted by his ſubjects, provided that Edward would condeſcend to the ſame terms: but the herald was diſmiſſed without anſwer, a circumſtance which of itſelf ſixes the violation upon Edward ⁶. Louis XI having fallen into the malady, which in two years terminated his exiſtence, Edward had entered into an active alliance with Maximilian duke of Auſtria, who en⯑gaged to pay him a penſion equal to that allowed by Louis; ſo that the Engliſh king was now at liberty to purſue his own meaſures ⁷. 2 March Accordingly he ordered preparations to be made for the march of his army to the frontiers ⁸; and from the writs it ſeems that a ſiege was propoſed, which it is reaſonable to infer was to be directed againſt Berwick, the loſs of which was not a little regretted by the Engliſh.

To provide againſt the deſigns of the enemy, 2 April a parliament was aſſembled; the ſtatutes of which, and of ſome in preceding reigns, leave it doubtful whether the right of peace and war was conceived to belong to the king, or to the national council; but in thoſe ignorant ages no political department was properly divided or underſtood. Yet the fears, and conſcious unpo⯑pularity, of James induced him to deſert his deſpotiſm on this occaſion, and to ſubmit much to the deliberations of parliament. Beſides regulations concerning the length of ſpears, and nature of defenſive armour, all perſons aſſembling to the army are prohibited, on ſevere penalties, to commit any damage, or ſpoil, in the Scotiſh dominions; and the caſtles on the borders, and eaſtern coaſt, are ordered to be repaired, and provided with garriſons, and proviſion ⁹.

[299]The campaign nevertheleſs ended with little glory, or ad⯑vantage, to either ſide. About ſixty Scotiſh hamlets were burnt by the incurſions of the Engliſh; and the fleet of Edward, en⯑tering the Forth, captured eight veſſels, and gave to the flames the village of Blackneſs and another ſhip which lay there; after which actions it regained its native ſhores ¹. The Scotiſh borderers carried deſtruction into England: and the Engliſh fleet returned, but found the coaſts ſo well guarded, that the latter expedition was ineffectual ². Andrew Wood of Leith, in par⯑ticular, ſhewed diſtinguiſhed courage in the maritime ſervice ³. Meanwhile Edward entered into a treaty with the lord of the Iſles, whoſe misfortunes had not taught him prudence, and who followed the hereditary conduct of his family, ſince the invaſion of Edward I, and which was to be continued to the reign of Edward VI ⁴. It is ſaid that James led his army into England, but was met by the papal legate, who denounced a peace among the potentates of the weſt, in order to oppoſe the Turks, who in the preceding year had taken Otranto, and alarmed all Italy: upon which the king returned, and diſmiſſed his army, while Edward little regarded the pontifical mandate ⁵. This is highly probable in point of chronology; but as a ſimilar [300]event occurs in a preceding reign, it is difficult to believe the repeated ſucceſs of the ſame ſtratagem; and the ſiege of Berwick not being attempted by the Engliſh, it may ſeem that the royal hoſt, eſpecially aſſembled for the defence of that place, was in conſequence diſbanded.

Another parliament being ſummoned, 1482 18 March the members engaged, with great warmth, in the national enmity againſt England ⁶. The depredations of the Engliſh by ſea and land, being more ſenſibly felt after ſo long a period of peace, and being perhaps directed by the innate cruelty of Gloceſter, the commander in chief, appear to have excited an indignation remarkably keen. But the decency of modern times is ſurprized to find the legiſlative body uſing terms of ſuch aſperity, as repeatedly to ſtyle the Engliſh ſovereign, Edward the reifar, that is the robber, or pirate; a title due to many kings, but ſeldom employed. It is added that Edward "calls himſelf king of England," for the connection between Scotland, and Henry VI, was not forgotten. The three eſtates engage that, ſince Edward ſeems reſolved to proſecute the war, which he had unjuſtly commenced, they ſhall maintain a firm obedience to their ſovereign, with their perſons, lands, and goods, in defence of his perſon, his ſuc⯑ceſſion, the realm, and the ſubjects; as they, and their an⯑ceſtors [301]had done formerly. They order all men within the kingdom to be prepared, upon a warning of eight days, or leſs if neceſſary, to attend the king in arms, and with proviſions for at leaſt twenty days: and a regulation is given concerning couriers, or poſts, to convey orders and intelligence ⁷. In con⯑ſideration of the king's great expence, in repairing and fortify⯑ing the walls of Berwick, and the caſtle, in providing them with artillery, and in maintaining a garriſon of five hundred men in the town, the eſtates oblige themſelves to ſupport gar⯑riſons in thirteen forts, upon the borders; the Hermitage is to receive one hundred men, the others from twenty to ſixty. This ſtatute is ſingular, and intereſting in many reſpects; the chief captains are nominated by the ſtates, who ordain that the captains ſhall appoint their lieutenants, and ſhall receive the pay of their ſoldiers at the rate of two ſhillings and ſixpence for every ſpear, and two ſhillings for each bow ⁸; the garriſons conſiſting of equal portions armed with theſe weapons, and being allotted to the forts only during the month of May, after which they were to be lodged in Berwick for three months. The clergy engage to maintain two hundred and forty of theſe ſoldiers; the nobility as many; and the boroughs half that number. In another ſtatute the national council, in terms of control, and not of advice, declare that if Edward invade Scotland in perſon, the Scotiſh king ſhall appear in the field, at the head of the whole force of his realm; and the members expreſs their firm reſolution to live or die with their monarch ⁹. [302]Thoſe who are attached to ſyſtems, the bane of hiſtory, might build a ſplendid ſpeculation upon ſuch decrees: but the wiſer, who prefer even inconſiſtency to ſyſtem, will be perhaps in⯑clined to found little upon the fluctuating views of a rude age, in which no branch of power was properly defined, or circum⯑ſcribed. Yet a degree of bigotry muſt be required not to perceive principles of eminent dignity, and freedom, in theſe tranſactions. The parliament was doubtleſs ariſtocratic; and the Scots having unfortunately no houſe of commons, the deputies of the burghs were annihilated by the pomp of the nobles and prelates; but ſuch had been the deſpotiſm of James that the cauſe of the nobles became that of the people. Per⯑haps the uſual royal influence guided this aſſembly; and the fears of James, expoſed at once to internal diſcord and foreign war, led him to extraordinary conceſſions, in order to ſtrengthen his throne by popularity. Perhaps the ariſtocracy ſeized this critical period to regain loſt authority, and, by plauſible mea⯑ſures, to ſecure the favour of the nation, in the meditated ſcheme againſt the king's favorites. However this be, the loyalty and unanimity expreſſed by the parliament were com⯑pletely deluſive.

Other ſtatutes of this aſſembly are eſſential to hiſtory. It is ordered by the king, and parliament of Scotland, that an em⯑baſſy be ſent from them to the king of France, and parliament of Paris, to deſire aid; to aſſure them that James had ever been, and would be ready to act reciprocally; and to complain that Louis had returned no anſwer to repeated letters of James upon this ſubject ¹. This furniſhes an additional proof that Louis was not the author of the war: but did the ſtrange com⯑pliment to the parliament of Paris proceed from ignorance, or [303]from a deſign to collate the Scotiſh legiſlature with a court of juſtice? A high reward is offered for the ſlaughter, or capture of James, the exiled earl of Douglas; and even his followers are rated at proportional remunerations; that nobleman acting as a dangerous enemy in the preſent hoſtilities againſt his country ². 22 Mar. Lord Lyle was tried by an aſſize of ſixteen lords of parliament, the king ſitting as judge, for correſponding with Douglas; but was acquitted ³. In recompence for the apparent loyalty of the parliament, the monarch engaged, by a formal promiſe, to attend to the impartial adminiſtration of juſtice, ſo that the people might have cauſe to rejoice in the public order, to the confuſion of the king's enemies, and of all "falſe traitors and untrue hearts," an expreſſion dangerous and ominous ⁴.

The next important incident of this eventful year was the paſſage of Albany from France into England. That deluded, and deſperate, prince was inſtigated probably by the artifices of Gloceſter, who deſired ſuch an example, to aſpire to the Scotiſh crown, 11 June and to enter into a treaty with Edward IV, diſgraceful to himſelf, and treaſonable to his country. He uſes the title, at once ambitious and degrading, of Alexander king of Scotland, by the giſt of the Engliſh king: conſents to pay homage, and to abandon ſome countries, and places on the ſouth of Scotland, particularly Berwick: and diſclaims the league with France. Edward agrees to aſſiſt Albany in reducing Scotland, and maintaining his royalty againſt James ⁵. In conſequence of [304]this treaty Albany joined the Engliſh army, which advanced, under the command of Gloceſter, againſt Berwick ⁶. The Scotiſh king aſſembled his array, and was upon his march to relieve that important place, when he was prevented by a revo⯑lution, which calls for a pauſe and an ample detail.

Though conſcious of the diſcontents of the nobles and people, James perſiſted in his attachment to mean favourites. Among theſe Cochran was the chief. This architect, whoſe ſkill, diſ⯑played in the erection of ſeveral ediſices, might have been rewarded by employment, or by a penſion, became the foun⯑tain of royal favour; and was elevated to a giddy and invidious height of power. The liberal preſents of thoſe who ſued for his protection, and influence, ſoon conſtituted a wealth enor⯑mous for the perſon, the age, the country: and a part of this baſe opulence procured from the king's avarice the earldom of Mar, the fatal dignity of his murdered brother ⁷. This high [305]honour, diſgraceful to the infatuation of James and of his favourite, was followed by the utmoſt hatred, and ſcorn, of the nobility, and by the execrations of the people. But the new earl of Mar, unconſcious that his extreme elevation was an infallible ſtep to the deepeſt ruin, continued to abuſe his power, and that of his ſovereign, and to increaſe his wealth by every ſpecies of peculation. His oppreſſion extended to all ranks of men. The nobles beheld the places, formerly given by the king to their ſons, now ſold to Mar's followers: the prelates, and dignitaries of the church, ſighed at the increaſe of ſimony: even the daily pittance of the poor did not eſcape, for Cochran had debaſed the current ſilver, with a degree of alloy, which rendered it black money, a fraud which led to his ruin, and that of his maſter; and which has been erroneouſly confounded with the billon coinage, ordained by the parliament of 1466, which was intended for the benefit of the poor, and was continued in all the ſucceeding reigns. But this corruption of the money was peculiar to that of James III, and was ſuch that the mer⯑chants, and farmers, rather choſe to let the grain rot in their granaries, than to receive the price in ſuch dubious metal: and the populace afterwards repeated with exultation the propheſy of Mar, who, when he was told that his coin would be recalled, anſwered, as an impoſſibility, "That day I ſhall be hanged." In ſhort the whole honour and welfare of the king, and king⯑dom, were ſacrificed on the domeſtic altar of this baſe, and covetous, minion ⁸.

Some of the peers had formerly aſſembled, and conſulted upon the means of delivering the realm from the diſgrace, and deſtruction, inflicted by Cochran, and the other royal favourites. [306]A nobel deputation had even been ſent to the king, requeſting that he would diſmiſs theſe pernicious counſellors; and reſtore the confidence placed by his anceſtors in the loyalty of the nobility. The anſwer of James was far from ſatisfactory; but the peers aſſented to delay; and diſſembled till ſome deciſive occaſion ſhould ariſe. An occaſion now occurred, ſuch as the Scotiſh nobles, to their ſingular diſgrace, have been accuſtomed to ſeize, from the reign of the firſt to the termination of that of the fifth James. Inſtead of uſing the proper period of peace, the proper place of parliament, the day of war, and the camp, have afforded the ruinous ſcene of internal diſſention; and the ſacred intereſts and glory of their country have often been abandoned by the nobility, to gratify a juſt, or unjuſt reſent⯑ment againſt their ſovereign. But the fatal forms of a Scotiſh parliament, ſo well adapted to royal influence, the conception that it was a royal court, the incapacity of rude nobles to ſpeak againſt an educated clergy, ever devoted to the king the ſource of their fleeting dignities, contribute greatly to abſolve the nobles from this imputation; and it is matter of regret, rather than of ſurpriſe, that they always ſeized the only occaſion when their power was collected and firm.

The Scotiſh array, amounting to about fifty thouſands, had crouded to the royal banner at Burrough-muir near Edinburgh, July whence they marched to Soutray, and to Lauder, at which place they encamped between the church and the village ⁹. Cochran, earl of Mar, conducted the artillery; and his preſence and pomp were additional inſults. On the morning after their arrival at Larder, the peers aſſembled in a ſecret council, in the church, and deliberated upon their deſigns of revenge. The earls of Angus, Argyle, Huntley, Orkney or Caithneſs, [307]Crawford, the lords Home, Fleming, Gray, Drummond, Hales, and Seton, are chiefly mentioned upon this occaſion; and the diſcontent muſt have ſpread far when we find Evandale the chancellor, and ſome biſhops united to the above names ¹. In the courſe of the debate Gray took occaſion to introduce an apologue: the mice conſulted upon the means of deliverance from their tyrannic enemy the cat, and agreed that a bell ſhould be ſuſpended about her neck, to notify her approach and their danger; but what mouſe had courage ſufficient to faſten the bell? "I ſhall bell the cat," exclaimed the impatience of Angus, in whom a current of the blood of Douglas flowed; and the homely times conferred upon him the appellation of Archi⯑bald Bell the Cat. It was concluded that the king ſhould be put in a gentle impriſonment, in the caſtle of Edinburgh: and that all his favourites ſhould be inſtantly hanged over the bridge of Lauder.

Cochran, ignorant of their deſigns, at length left the royal preſence to proceed to the council. This upſtart earl was attended by three hundred men, armed with light battle-axes, and diſtinguiſhed by his livery of white with black fillets. He was clothed in a riding cloak of black velvet, and wore a large chain of gold around his neck: his horn of the chaſe, or of battle, was adorned with gold and precious ſtones: and his helmet, overlaid with the ſame valuable metal, was born before him ². Approaching the door of the church, he commanded an at⯑tendant to knock with authority; and Sir Robert Douglas of Lochleven, who guarded the paſſage, enquiring the name, was [308]anſwered, "'Tis I, the earl of Mar," Cochran, and ſome of his friends, were admitted: Angus advanced to him, and pulling the golden chain from his neck, ſaid "A rope will become thee better;" while Douglas of Lochleven ſeized his hunting horn, declaring that he had been too long a hunter of miſchief. Rather aſtoniſhed than alarmed, Cochran ſaid, "My lords is it jeſt or earneſt?" To which it was replied, "It is good earneſt, and ſo thou abuſed our prince's favour; but no longer expect ſuch advantage, for thou and thy followers ſhall now reap the deſerved reward."

Having ſecured Mar, the lords diſpatched ſome men at arms to the king's pavilion, conducted by two or three moderate and prudent leaders, who amuſed James while their followers ſeized the favourites. Sir William Roger the Engliſh muſician, Preſton a gentleman, Hommil, Torphichan, Leonard, and others, were inſtantly hanged over the bridge at Lauder. John Ramſay of Balmain, having claſped the king's perſon, was alone ſpared. Cochran was now brought out, his hands bound with a rope; and his weak pride deſiring to exchange the ig⯑nominious bonds of a thief for the ſilken cords of his own pavilion, he was anſwered that he was a traitor and only found merited ſhame: he was conducted to the bridge, and hanged above his companions ³.

Such was the influence of the ariſtocracy over their warlike followers, that the king was conveyed to the caſtle of Edin⯑burgh, without commotion or murmur. Here he was ſerved with reſpect: but was attended by ſome of the peers, to ob⯑ſerve his conduct, and prevent his eſcape, till he ſhould give ample ſecurity not to revenge the death of his favourites; to [309]which he ſhewed obſtinate repugnance. Except this conſtraint, his will was unviolated, and the royal authority remained un⯑impaired ⁴.

Meanwhile the Engliſh army had acquired poſſeſſion of the town of Berwick: and the generals, Gloceſter and Albany, learning that the Scotiſh army was diſbanded, and the king impriſoned, left a party to conduct the ſiege of Berwick caſtle, and advanced with the main force to Endinburgh ⁵. Their ſubſequent conduct is not a little myſterious. The capture, or death, of James, and the coronation of Albany might have been expected from the Engliſh treaty: but the next authentic paper preſents to us Albany ſuing for his pardon from James; and our early hiſtorians, ignorant of Albany's ambition, re⯑preſent him as the deliverer of his brother from the power of the nobles. If, with ſome writers, we believe that James was not impriſoned in the caſtle of Edinburgh, but choſe that fortreſs as a ſecure retreat, the difficulty remains the ſame, or greater ⁶. Even records cannot atone for the want of con⯑temporary hiſtorians; and in ſuch England and Scotland are at this period barren. That Edward IV and Albany were ſincere in their agreement appears from its renewal in the following year; which alſo inſtructs us that Angus and Gray were then, if not before, engaged in the treaſonable ambition of Albany. Hence almoſt the only rational view which pre⯑ſents itſelf is, that Albany, finding a great majority of the nobles, and the popular voice, completely adverſe to his unna⯑tural and baſe ſchemes ⁷, was forced to temporize, and accept [310]a pardon, and the reſtoration of his eſtates; in the hopes that his preſence, and influence, might ſtrengthen his pretenſions before their open declaration. The acquiſition of Berwick would afford a prize ſufficient to ſatisfy Gloceſter; who might judge, from perſonal knowledge, that a delay was more expe⯑dient than the perdition of the ſcheme by precipitation.

The Engliſh army amounted only to about ſixteen thouſand; and the materials for a ſiege had been left before Berwick; hence the capture of the caſtle of Edinburgh, and of James, could hardly be attempted by ſo few battalions, liable ſoon to be ſurrounded or intercepted by a ſuperior force. A Scotiſh army was actually aſſembling at Haddington, under the com⯑mand of ſeveral patriotic peers; and even the courage of Gloceſter might tremble at the proſpect of a battle, without the poſſibility of a retreat ⁸. An hiſtorian informs us that thoſe peers prevailed on Albany to paſs to their party, upon an offer of appointing him lieutenant general of the king⯑dom ⁹; a rank tempting to his ambition, for he might, with greater certainty, aſpire to the crown by Scotiſh, than by Engliſh, aid. However this be, after a brief negotiation, Shevis, the archbiſhop of St. Andrews, Livington the biſhop of Dunkeld, lord Evandale the chancellor, and the earl of Argyle, all rather eminent in attachment to James, entered into a ſolemn engagement with Albany, 2 Aug. that if he preſerved his duty to the king, and the terms of his bond to them, and other Scotiſh lords, his lands and offices ſhould be reſtored, and he and his followers receive an amneſty: they alſo engaged [311]that the king ſhould ratify the treaty in the next parliament ¹. And a truce with England being neceſſary, in the diſtracted ſtate of the kingdom, Berwick was yielded, after having re⯑mained for twenty one years in the Scotiſh poſſeſſion, to which it was not to return; and the provoſt and merchants of Edin⯑burgh engaged to repay the ſums advanced for Cecilia's por⯑tion, if Edward refuſed to complete the marriage; which reſolution being notified, two months after, the money was repaid ².

The other embroiled tranſactions of this year are, the paſſ⯑port of Edward to Margaret the ſiſter of James, 22 Aug. whoſe mar⯑riage with lord Rivers, the brother of Edward's queen, appears to have been fruſtrated by the enmity, and intrigues, of Glo⯑ceſter, or by the machinations of the Scotiſh court, for it does not appear that the lady proceeded to England ³: a ſafe conduct to James, who again wiſhed to viſit the ſhrine of St. John at Amiens ⁴, 23 Nov. probably induced both now and before by the arts of Albany, to whom his abſence might have been advanta⯑geous: and a fruitleſs commiſſion of Edward IV, to renew, and conclude, the negotiation for the marriage of Rivers and Margaret ⁵. Dec. But from the paſſport to James, and the parlia⯑ment held at Edinburgh ⁶, 11 Dec. it appears that the captivity of the king was terminated.

[312]According to the unanimous report of our hiſtorians, this deliverance was effected by Albany, and probably in the end of September. They narrate that James being ſtill retained in the caſtle of Edinburgh, under the care of Athole his uncle, the adminiſtration was conducted by Albany, Evandale the chancellor, and Shevis archbiſhop of St. Andrews; that Al⯑bany paſſing to viſit the queen Margaret of Denmark, and the prince her ſon, at Sterling, was inſtigated by her to deliver the king; which he effected after a ſiege of ſome duration, upon which Argyle, Shevis, and the chancellor, fled in conſternation to their reſpective places of abode. Albany hence acquired ſo much favour from his royal brother, that they ſhared one bed and one table ⁷.

[313]The parliament of December appears to have been wholly influenced by Albany; 1483 but that prince's unbounded ambition, and avarice, ſpeedily diſguſted moſt of the peers; and James was little ſatisfied with the power of his brother, of whom he had every cauſe to entertain the utmoſt jealouſy ⁸. Finding upon what a precarious foundation his authority reſted, per⯑ceiving the renewed ſtrength of the loyal party, early in the following year Albany appointed Angus, Gray, and Sir James Liddel, 12 Jan. his commiſſioners to Edward IV, to ſtrengthen the former treaſonable treaty ⁹: 11 Feb. and ſoon after that infamous agreement was repeated, and enlarged. It appears that Al⯑bany managed the public affairs, for it is agreed that a year's truce ſhall be obſerved: the homage and dereliction of ſome provinces are left in ſilence, but Albany engages to aſſiſt Ed⯑ward againſt France, and to wed one of his daughters ¹: the exiled earl of Douglas is to reſume poſſeſſion of his lands, as far as ſettled in an agreement made between him and Angus: and Edward engages to ſend Gloceſter and Northumberland, [314]with ſuccours, to aſſiſt the duke in conquering Scotland ². But the death of Edward IV, 9 Apr. in the prime of life, terminated theſe ſchemes of unjuſt ambition: and Gloceſter, who upon the murder of his two nephews ſeized the Engliſh ſceptre, 22 June and the title of Richard III, found ſufficient occupation in ſettling domeſtic diſcord.

The violence, and imprudence of Albany's conduct ſoon exceeding the bounds of mere ſuſpicion, and his views evi⯑dently tending to the diſgrace and deſtruction of the kingdom, the nobles had reſumed their loyalty, and the king was reſtored to his free and full power. Albany, underſtanding that his deſigns were diſcovered, or conſcious of guilt, retired into England ³, leaving his caſtle of Dunbar in the hands of an Engliſh garriſon. His forfeiture followed; but while the treaſon of Angus, Gray, and others, remained unknown, a ſimilar penalty was impoſed on lord Crichton, who had alſo garriſoned his caſtle of Crichton and eſcaped ⁴. If Buchanan be believed, a private pique of James gave occaſion to the condemnation of this peer: for the king having ſeduced Crichton's wife, he, in revenge, found means to win the love of Margaret, the ſiſter of James, by whom he had a daughter named Margaret Crichton, who died not long before our great hiſtorian compoſed his work. Nay, according to that hater of kings, before this adultery of Margaret, ſhe had loſt her [315]virginity in the inceſtuous embraces of her royal brother ⁵. The reader may aſſent, or diſbelieve, according to the weight of the evidence: but Buchanan deſerves more implicit credit in the information that Crichton was reſtored, a ſhort time before the death of James, in order that, his former wife now being dead, he might compenſate the diſhonour of the princeſs by marrying her; but Crichton dying ſoon after, this alliance produced no other progeny ⁶.

A parliament was held at Edinburgh, 1484 24 Feb. which proceeded to ſettle the diſorders of the kingdom ⁷. The expiration of the [316]truce, the retreat of Albany into England, the hoſtile views of Richard III, conſpired to render war apparently ſo inevit⯑able, that the parliament ordered all the ſubjects fit for arms to be ready, upon a warming of eight days, to march with proviſions for twenty days, in defence of the realm againſt its Engliſh foes. In order to appeaſe the diſcords of the barons, that they may proceed in concord againſt the enemy, the king is adviſed to call them into his preſence, and conciliate their differences; while thoſe of leſs eminent ſtation are to ſubmit their feuds to the adminiſtrators of juſtice, ſo that internal peace, and obedience to the royal authority, may be reſtored. The ſtrict execution of juſtice is enforced, "that the realm may be brought to good rule." Some regulations are iſſued for the artiſans in gold, or rather in ſilver ⁸: and, after ſome inſtitutions concerning the coin, the new placks, or large pieces of baſe metal, the real black money which gave ſuch juſt of⯑fence, are called in; a meaſure long due to an oppreſſed people.

Charles VIII having acquired the active ſovereignty of France, March at the early age of fourteen, ſent Bernard Stuart lord of Aubigny, and an inferior ambaſſador, to Scotland, to an⯑nounce the new reign, and ratify the alliance: and James in return ſent an embaſſy to France, July to obtain the ratification of Charles ⁹. Meanwhile, though Richard III had increaſed the [317]penſion paid to the exiled earl of Douglas, the ſtate of his affairs did not permit him to aſſiſt that earl, or Albany, in the invaſion of Scotland. In their impatience, theſe two leaders collected a troop of five hundred horſe, and ſome infantry, hoping that their friends and followers would ſoon ſwell their array; and with this view advanced to Lochmaben, during a fair. 22 July But the influence of Douglas was forgotten, even by his former vaſſals; and that of Albany was deſpiſed: the neighbouring gentlemen collecting ſome haſty bands, the occaſion furniſhed numbers, fury arms; and after a conflict, or rather affray, which laſted from noon till night, the laſt Douglas remained the ignominious captive of a vulgar hand, while Albany found his ſafety in the ſwiftneſs of his horſe. Douglas, now old and unwieldy, was conveyed to the royal preſence; but, either from ſhame or ſcorn, turned his back on the ſon of James II, the deſtroyer of his houſe: a ray of pity illuminated the deſ⯑potic mind of the king, who had now himſelf taſted misfor⯑tune: he ſentenced the years and infirmities of Douglas, who had been educated to the church, to the religious retirement of Lindoris abbey, while the earl's indifference muttered, "he who may no better be, muſt be a monk." In this retreat Douglas perhaps firſt knew happineſs; and died after four years of penitence and peace ¹

[318]Albany, having loſt all hopes of Richard's aſſiſtance, retired into France; where he wedded, in his ſecond nuptials, the daughter of the earl of Boulogne, by whom he had a ſon John, afterwards duke of Albany, and regent of Scotland during the minority of James V. The father, after reſiding in France for ſome years, was accidentally ſlain in a tournament by the ſplinter of a ſpear; leaving a fame fatal to his title, unnatural ambition, and the want of fraternal affection ².

[319]The embarraſſments of Richard and James rendering the continuance of war ineligible to both, a treaty was opened; and, after a ſhort negotiation, concluded at Nottingham ³. To ſtrengthen the pacification, 21 Sept. it was agreed that James duke of Rothſay, heir of the Scotiſh throne, now in his twelfth year, ſhould wed Anne de la Pole, only daughter of the duke of Suffolk, and niece of the Engliſh king ⁴: but this marriage was defeated by the death of Richard. In the mean time the truce was only eſtabliſhed for three years, upon the grounds of preſent poſſeſſion, except with regard to the caſtle of Dunbar, ſtill garriſoned by the Engliſh; and which, by a ſingular clauſe, the Scotiſh king was allowed to recover by force, after ſix months had elapſed, and upon a warning of ſix weeks given to Richard ⁵: a mode probably intended to preſerve meaſures between Richard and Albany. The powers comprehended are, on the part of England, Caſtile and Leon, Arragon, Portugal, Auſtria, Burgundy, Bretagne; on that of Scotland, France, Denmark, Gelder, Bretagne: and by an uſual, but unaccountable article, except of mere form, the lordſhip of Lorn in Scotland, and the iſle of Lundy in the river Severn, are excepted from the truce ⁶.

In a ſucceeding national council, 1485 4 Feb. the renewal of the French league, and the Engliſh truce, were ſolemnly approved; an [320]embaſſy was ordered to be ſent to York, at the expence of the clergy, barons, and burghs, in order to complete the marriage treaty ⁷. As the truce permitted the capture of Dunbar, the parliament adviſes the king to proceed againſt that fortreſs, on the firſt day of May; and the right of peace and war again dubiouſly appears, in the particular directions given by the legiſlature. An embaſſy is alſo appointed to the pope, to ob⯑tain his confirmation of the French alliance, and of the treaty with Denmark concerning the Orkneys and Shetland; and this embaſſy Shevez, the archbiſhop of St. Andrews, offers to un⯑dertake at his own expence; a ſingularity, which like the ex⯑penditure of the commiſſion to England, betrays great penury of royal revenue. A further ſolicitation was to be moved to the pontiff, that he would grant to the Scotiſh kings a power of ſuperſeding, for ſix months, the diſpenſations to vacant biſhoprics; that they might have time to advance the promo⯑tion of ſuch as they could truſt, the biſhops having the firſt vote in parliament, and being of the privy council. Another pru⯑dent ſtatute, but attended with little ſucceſs, occurs for the encouragement of the herring fiſhery in the weſtern ſea ⁸. Symptoms of diſcontent diſturb the national laws: ſome friends of Albany, or ſome foes to the weak government of James, are recommended to the royal blame: regulations for the ad⯑miniſtration of juſtice are repeated, and reſpites are reprobated as more iniquitous than pardons: the abettors of Albany's crimes are pointed out, as the objects of peculiar proſecution: and the king obliges himſelf to grant no reſpite, nor pardon, to notorious offenders for the ſpace of two years; an engage⯑ment perhaps prohibitory of weak lenity, perhaps of avarice.

[321]If the caſtle of Dunbar as beſieged, it was without ſucceſs ⁹. Richard III, far from oppoſing the enterprize, was occupied in counteracting the deſigns of the earl of Richmond; who ſoon after landed in England, and ſealed his title to the crown in the blood of the uſurper; 22 Aug. while Henry VII was hailed by the acclamations of his victorious troops ¹.

Meanwhile James had inſenſibly relapſed into his former impolitical conduct. Immerſed in mean pleaſures, and trivial purſuits, he neglected the reins of government, which were alternately relaxed, or reſtrained with too much violence ². Loſt in the retirement of his palace at Stirling, his chief cares were occupied in architecture and muſic, at beſt but laudable amuſements. Had not the proſperity of the monarchy been neglected, public praiſe might have attended the erection of the great hall in the caſtle of Stirling, and that of the adjacent ſplendid chapel, in which a dean and a double ſeries of chanters and muſicians were appointed, that the royal ear might never [322]want the luxury of ſound ³. But the moſt exquiſite harmony of a king ought to be the voice of a happy people; and to this James was a ſtranger. Even his munificence aroſe upon diſ⯑content: the priory of Coldingham, which the Humes regarded as their patrimony, was now annexed to the royal chapel of Stirling ⁴. The weak obſtinacy of James was ignorant that there are barriers, and prejudices, which even eaſtern deſpo⯑tiſm dares not to infringe. Thinking that the ſpirit of the nobility was fled with Albany, the monarch iſſued a mandate that the nobles ſhould no longer wear arms, as before, within the precincts of the court ⁵: to add to the diſgrace, Ramſay, the favourite who had eſcaped, and who had been recently created lord Bothwell, was excepted, as captain of the royal guard, and inſtitution which apparently originated in the pre⯑ceding reign ⁶. The attachment of the Scotiſh monarch to England, and to Engliſh favourites, which had commenced in his youth, and had ſuffered little interruption from a ſhort and unwilling war, was viewed with diſguſt by the prejudices of the people ⁷. The peers even accuſed him of an intention to [323]enſlave the nation by Engliſh guards and armies: Angus, Argyle, Lennox, the lords Home, Hales, Drummond, Lyle, Gray, confederated together, again to impriſon the king, and to appoint the prince regent; but this deſign was delayed, till a further occaſion ſhould be preſented by the increaſing weak⯑neſs of the government ⁸.

In the midſt of winter James advanced, 1486 and at length diſ⯑poſſeſſed the Engliſh garriſon at Dunbar ⁹; but Henry VII, diſpoſed to peace by inclination and by policy, named the biſhops of Worceſter and Lincoln, and other commiſſioners, to meet William Elphinſton the learned biſhop of Aberdeen, lord Bothwell, and others, on the part of Scotland: and a truce of three years was concluded, 3 July the former being held as annihilated by the uſurpation, and death, of Richard III. James was either ignorant of the perfidy of Angus, or con⯑ſtrained to conceal his knowledge; for the traitorous friend of Albany is named as one of the conſervators of the truce ¹.

Margaret of Denmark, 1487 the amiable and reſpected queen of James III, died, in the middle period of life: the ſilence of our early and barren hiſtorians, concerning her interference [324]in politics, may be interpreted in her praiſe; but their neglect to mention the epoch, and manner, of her death, redounds not to their fame ². To the character of her virtues and ac⯑compliſhments, formerly given, it is unneceſſary here to add; but it may be ſuſpected that the fate of James, ſoon to follow, had been ſomewhat protracted by the birth and connections, by the merits, and by the counſels, of the daughter of Denmark.

The laſt parliament during the reign of James III being Aſſembled ³, 1 Oct. the king ſolemnly engaged to contribute to the protection of the common people ⁴, harraſſed by the wanton cruelty of the great families, and that of the public peace in general, by granting no pardon, for the ſpace of ſeven years, to any perſons guilty of treaſon, murder, ſetting fire to houſes, rape, robbery, theft, or forging the coin. He alſo conſented to ſeveral ſtatutes, eſpecially propoſed by the commiſſioners of the burghs, importing, among leſs matters, that merchants engaged in foreign trade ſhould have a certain property, and reſpectable character; that no craftſmen ſhould engage in fo⯑reign trade; that the magiſtrates of burghs ſhould be choſen [325]as ſpecified in a former act ⁵; that ſome commiſſioners of the burghs ſhould meet once a year at Innerkeithing, to deliberate concerning commerce, and the intereſts of their towns. Theſe tranſactions were popular; and the ſtates expreſs much ſatiſ⯑faction that the ſovereign has ſo benignly granted to them all their deſires and requeſts: but whether James really ſaw his errors, and reſolved to cultivate a new mode of government, or thoſe apparent conceſſions were extorted by his ſenſe of diſ⯑content, and apprehenſions of a dangerous conſpiracy, muſt be left in doubt. However this be, the lords ſpiritual and tem⯑poral, barons, freeholders, and commons, engaged, on their part, that they ſhould not ſupport the cauſe of their criminal friends, or relations, by appearing with armed followers; a practice frequent in this and the following century, and which leads to the beſt interpretation of this ſtatute: they moreover engage to contribute their aſſiſtance to the exact adminiſtration of juſtice. Several ordinances follow, ſtrongly indicative of the height of feudal anarchy, the violence of the great, and the oppreſſion of the poor: the feeble voice of the law appears to have been drowned in the public tumult, and civil order ſeems to have endured a violent relapſe ſince the death of the firſt James: the blame can hardly be aſcribed to external vio⯑lence, time, or fortune; and while candour confeſſes the bar⯑bariſm of the period, and country, it muſt at the ſame time allow that the relaxation of government by the royal neglect, and the ſale of juſtice by the royal favourites, conſpired to con⯑ſtitute [326]the worſt of tyrannies, upon which a complete ſatire is authentically conveyed in the national decrees. Such was the increaſe of crimes, that Juſtices General are appointed for the diviſion north and ſouth of the Forth, to hold courts in every part of the realm with all expedition, ſupported by their own power, and what aid the king could ſpare, in order to bring tranſgreſſors to puniſhment, and to reſcue the royal authority from contempt.

In this parliament the lands of March and Annandale, which had fallen to the crown by the forfeiture of Alexander duke of Albany, earl of March, Mar, and Garioch, lord of Annandale and of the iſle of Man ⁶, are annexed to the regal domains; by a ſolemn deed, authenticated by the ſeals of the biſhops, abbots, priors, earls, lords, barons, freeholders, and commiſ⯑ſioners of burghs. A ſtatute appears for the encouragement of ſtrangers, who import proviſions, and other merchandize: and another, appointing four perſons from each of the three eſtates, to reviſe the ancient laws.

The tranſactions of this year are cloſed by a ſingular inden⯑ture, 27 Nov. ſubſcribed at Edinburgh by the Carlile herald for England, and Snawdon herald for Scotland ⁷, importing that the biſhop of Exeter, and ſir Richard Edgecomb, the Engliſh embaſ⯑ſadors, had agreed with the biſhop of Aberdeen, and lord Bothwell, commiſſioners on the part of Scotland, in the follow⯑ing manner: that, to eſtabliſh a laſting peace, three marriage [327]ſhould be negotiated; between James, and Elizabeth widow of Edward IV; the duke of Rothſay, and a daughter of Edward; the marquis of Ormond ſecond ſon of James, and Catharine the third daughter of the ſame Engliſh ſovereign: and that to con⯑clude theſe contracts, and to terminate the controverſy con⯑cerning Berwick, which the Scotiſh king ardently deſired to regain, a congreſs ſhould be held at Edinburgh on the twenty-fourth day of January next, another in May, and an interview between the kings in July ⁸. This treaty evinces the ſtrong deſire of Henry VII to ſecure the amity of Scotland; and at ſame time the attachment of James to the Engliſh, laudable in itſelf, and concordant with the beſt intereſts of his kingdom; but impolitic, conſidering the period, and national prejudices.

The final events of the reign of James III approach, 1488 in⯑tereſting from their novelty, and magnitude. A gradual con⯑federacy of many nobles had long been forming againſt the feeble and deſpotic government of this monarch; but amid materials not eminent in opulence, or accuracy, amid the various intereſts and political views of modern writers, it is difficult to aſcertain the different actors in this important ſcene. There is no evidence that the congreſs, appointed to be held by the commiſſioners of England and Scotland in January, took effect; and it even ſeems that the caprice of the Scotiſh king, May or ſome other cauſe, had alienated Henry, who granted a ſafe-conduct, in terms rather unuſual, to the biſhops of Glaſgow and Dunkeld, the earl of Argyle chancellor of Scot⯑land, the lords Hales and Lyle, the maſters, or heirs of Darnley and Home, with one hundred and ſixty attendants ⁹; not as [328]embaſſadors, but for cauſes unknown, and the more extraor⯑dinary as ſome of them undoubtedly belonged to the conſpiracy, and a rational ſuſpicion muſt affect the others. On all ſides it is agreed that the former traitors, Angus and Gray, united to them Home, juſtly enraged at a deſpotic violation of private property; the firſt and the laſt nobleman being the chief authors of the rebellion. The power of the Hepburns was led into it by lord Hales; and the treaſon of the lords Drummond, and Lyle, is equally unqueſtionable. Darnley, or Lennox, is ob⯑noxious to the ſame charge, from the ſtrong teſtimony of the earlieſt narration, and from the mention of his ſon in the Engliſh paſſport; which fixes a ſtain on Argyle, the leſs eaſily to be overcome, as he alſo appears in the moſt ancient account. When it is added that to theſe great names afterwards acceded Huntley, Errol, the earl Marſhal, and lord Glamis, the impolicy of James, which could alienate ſo many chiefs, muſt appear in a ſtriking point of view; and the rebellious war of Douglas, in the preceding reign, ſinks into unimportance, when compared with this grand confederacy ¹. On the part of the king re⯑mained [329]the earls of Crawford, Athole, Monteith, Rothes, Sutherland, Caithneſs, Buchan, the lords Forbes, Lovat, Erſkine, Maxwell, Ruthven, Kilmauris ², and Boyd. The cauſes of the conſpiracy have already ariſen to view, in the courſe of the narration: the open pretext was that James had introduced Engliſhmen into the kingdom, with a deſign to ſubdue it to his own abſolute power, and to foreign influence ³: the pro⯑feſſed intention, to dethrone, and impriſon James; and aſſign the royalty, or regency, to his ſon.

[330]Of the events which preceded the deciſive engagement, Buchanan has, contrary to his uſual practice, given the moſt ample and accurate detail, and the moſt concordant with the original records. According to that hiſtorian, James ſhewed diſtinguiſhed favour to Crawford, whom he afterwards created duke of Montroſe; and to Angus, whoſe conduct at Lauder, and attachment to Albany, he affected to forget. But the king's diſſimulation and inſincerity being known, Angus regarded this new affection as only the ſnare of his own deſtruction, and even ſuſpected that his powerful concurrence was courted againſt the peers, with a view to ſow diviſion and ruin, afterwards to recoil upon his own head. It is aſſerted that the factious nobles being aſſembled at Edinburgh, Jan. the king invited Angus to the caſtle, and propoſed to him to lend his aſſiſtance in making them priſoners. Inſtead of compliance, the earl diſcloſed the deſign to the peers, and joined them in their retreat ⁴.

In conſequence of this moſt imprudent confidence, after the deſertion of Angus, the chief potentate on the ſouth of the Forth, who could have assiſted him againſt the rebellious in⯑clinations of the remainder, James diſtruſting the whole of that region, reſolved to paſs into the north, which remained devoted to his intereſts. With his uſual imprudence he croſſed the Forth in one of ſir Andrew Wood's veſſels, employed in the Flemiſh trade. A report immediately ſpread that the king, [331]overcome by his fears, had quitted the realm to retire into Flanders; and amid the general conſternation the rebels took the caſtle of Dunbar, and advanced to Leith. Having iſſued order to the array of Fife, Strathern, and Angus, to attend his ſtandard upon an appointed day, James proceeded to Aberdeen, where the northern counties eagerly poured forth their bands in defence of the royal cauſe ⁵.

The king now returned to Perth with his ſtandard diſplayed, and followed by Athole his uncle, by Huntley, Crawford, and many northern peers and chiefs, and by a numerous army. As he advanced David Lindſay of the Byres, who had gathered warlike experience in the campaigns of France, joined him with a thouſand horſe, and three thouſand infantry, if we credit the, perhaps, partial relation of Lindſay the hiſtorian; who adds, that the king accepted from his hands the ominous preſent of a grey courſer, more fit as would ſeem for flight than for attack. Among others who furniſhed their array, lord Ruthven was alſo remarkable, who led a thouſand gentlemen on horſe⯑back, provided with defenſive armour and ſpears, a thouſand bowmen, and a thouſand armed with ſwords and mail. When James had reached Stirling, he was followed by thirty thouſand men, who only wanted a leader ⁶.

Thus prepared he advanced againſt the rebels, who had not been deficient in their preparations. April? He found them near Blackneſs, on the ſouth of the Forth; and an indeciſive ſkir⯑miſh followed, in which Crawford, ſir Thomas Turnbull, who [332]bore the royal banner, and Innes of Innes, eminently diſtin⯑guiſhed their valour. But both parties being ſenſible of the odiouſneſs of ſhedding civil blood, and dreading the abſolute deciſion of the conteſt, a negotiation commenced; the king ſubſcribed ſome unknown articles, and delivered Athole to Hales as a pledge of their accompliſhment. The armies were diſmiſſed, and tranquillity was for a very ſhort time reſtored ⁷. Thus did the timidity of James loſe an occaſion never to be recalled.

The demands of the rebels appear to have been exorbitant; and James eluding or delaying their accompliſhment, the con⯑federates gradually extended their influence, and projects, till at length they inſiſted on the king's abdication, and the ſubſti⯑tution of his ſon in the regency, or on the throne ⁸.

The monarch learning this formidable deſign diſpatched envoys to France, and England, to ſolicit the immediate inter⯑ference of theſe powers, by embaſſadors to mediate between him and the diſcontented ariſtocracy: but this mediation, if effected, was fruitleſs ⁹. The royal heralds, ſent to ſummon the refractory peers, were treated with contempt and perſonal [333]injury; and their written mandates torn in deriſion. Both parties again prepared to terminate the diſpute in the field. James fortified the caſtle of Edinburgh, May where the treaſure ac⯑cumulated by the unwiſe avarice of many years was placed; and again ſent to ſummon the northern chiefs to his ſtandard.

Meanwhile the conſpiring peers found means to corrupt Shaw of Sauchy, in whoſe charge the prince had been left at Stirling; and the infamous governor ſurrendered the innocent youth, who was conducted to Linlithgow, and by conſtraint was to appear guilty of a father's blood. It was artfully pro⯑claimed that James ſought the life of his ſon, whoſe defence had called the peers to war; and the prince's name was itſelf an army. A part of the king's treaſure, which had formerly been ſeized at Leith, contributed to provide waggons for baggage and ſtores, and to attract the deſperate and the mer⯑cenary ¹.

James proceeded to Stirling, to join the peers of the north and weſt, who were advancing with their troops. On his arrival the treacherous governor denied him admittance. In the north, Huntley, Errol, the earl Marſhal, and Glamis, had now deſerted the royal cauſe; and the junction of ſuch diſtant troops as continued their attachment was attended with ne⯑ceſſary delay. In the impatience of irreſolution James was led to commit his fortunes to a battle. Glencairn, and other peers of the weſt, having joined the royal army, the king advanced to meet the rebels, who had paſſed the Carron; and a field, about a mile ſouth of the famous ſcene of Bannocburn, was to [334]be the ſpot of this civil conſlict ². The army of the peers was apparently ſuperior in number to the royal battalions: 18 June but the cowardice, and inſtantaneous flight, of the king terminated the action, with ſmall effuſion of blood. It was in vain to defend a cauſe thus betrayed by its patron; and the adverſe ranks ſhrunk from the horrors of mutual ſlaughter. Yet a few ſhowers of arrows had darkened the air, and the long ſpears of Annandale had made an impreſſion on his array, before James left the field: Glencairn, Ruthven, Erſkine, and a few others of rank, were ſlain; and many were wounded ³.

As the king, in his ſlight, was about to paſs the rivulet Ban⯑nocburn, at the hamlet of Miltown ⁴, a woman, who was drawing water, alarmed at his appearance, and rapidity, fled, and left her pitcher, which ſtartled the ſteed, or diſordered his career, ſo that the unexperienced rider fell from the ſaddle, and oppreſſed with the weight of his armour fainted away. A miller and his wife conveyed their unknown ſovereign into a corner of the mill; and, to conceal the ſtranger from any pur⯑ſuers, they covered him with a cloth. Some time after he re⯑ſumed his ſenſes; but perceiving himſelf much hurt, and very weak, he called for a prieſt to hear his confeſſion: and to his blunt hoſts, who enquired his name and quality, his impatience anſwered, "I was your king this morning." The woman upon this ran into the road, wringing her hands, and calling aloud for a prieſt to the king. It ſo chanced that ſome of the rebels were in the neighbourhood, engaged in diſorderly purſuit; and a prieſt, one of lord Gray's followers as is ſaid, riding up, ex⯑claimed, [335]"I am a prieſt, where is the king?" Being conducted to the place, he knew his ſovereign; and kneeling enquired if he thought he might ſurvive, by the help of ſurgery, to which James anſwered, "I believe that I might; but let me have a prieſt to hear my confeſſion, and to bring me the euchariſt." The prieſt, it is averred, heard his confeſſion; and then ſtabbed the unfortunate monarch: whoſe weakneſs deſerved a milder fate than to fall the victim of a lawleſs ariſtocracy, more inimical to public order, and proſperity, than the feeble deſpotiſm of their ſovereign⁵.

On this important event ſome reflections naturally ariſe. Had James been victorious, the power of the Scotiſh ariſto⯑cracy might have been cruſhed for ever; and, weak and deſ⯑potic as he was, it would have been better for the people to have had one tyrant than many. But this monarch, (if we ſet the dubious murder of his brother aſide,) was more weak than vicious; and even when his feebleneſs and impolicy are men⯑tioned, it is rather in a relative than in a poſitive view, for his conduct was chiefly blameable, becauſe ill-adapted to the fero⯑cious times and people, which required, in the character of ſovereign, the duties of a magiſtrate, and the valour and ſkill of a general. Had James lived a century or two later, his faults would perhaps have eſcaped obſervation. But the conduct of the rebellious peers, whoſe ſanguinary luſt of power, and eager⯑neſs to continue their lawleſs rapine, oppoſed the ſon in open combat againſt his father, that laſt infamy of civil war, cannot be too ſeverely reprobated. They excite horror, while the monarch attracts a reverential compaſſion. Loyalty, in ſome caſes only the virtue of a ſlave, is in many the trueſt patriotiſm; [336]and it is no wonder that men of eminent ſenſe and integrity have manifeſted an attachment to the houſe of Stuart, ap⯑proaching even to enthuſiaſm. For its intereſts, in oppoſition to thoſe of that wild, ignorant, and ferocious ariſtocracy, which long continued to diſgrace Scotland, were thoſe of the country at large. The exuberant power of the peers, ever eager to gratify their private ambition at the expence of the nation, was the ſole ſpring of the noted misfortunes of the houſe of Stuart. A long reign⁶, a ſtable government, would have circumſcribed their ruinous ſway, would have prevented their plans of public plunder; and they ſighed for a minority, a regency, the peculiar ſeaſon of their arrogance, of their ſpoil. The regency of Robert duke of Albany had taught them the ſweets of ſharing the royal power, domains, and revenue; and had contributed to the ſeparation of their intereſts from thoſe of the monarch, whoſe influence reſted on their ſupport, and whoſe limited wealth and authority could little withſtand their continued encroachments. Yet by uncandid or ſuperficial obſervers, the deſire of our kings to reſume their juſt magi⯑ſtracy, and to enforce equal laws, has been interpreted as a deſign to overturn the ariſtocracy, while the royal meaſures were ſolely thoſe of defence. But as the peers really poſſeſſed the chief power, it is no wonder that hiſtorians living at the period, flattered, as uſual, the leading authority; and have dif⯑fuſed over their pages calumnies againſt their ſovereigns, eaſy to form and difficult to eradicate. In England, and in France, the fall of the ariſtocracy about this time was occaſioned by [337]chance, by the revolution of human affairs; in the former country by the wars of York and Lancaſter, in which moſt of the ancient noble families periſhed; in the latter by a ſimilar deſtruction in the ſtruggles againſt England: no power of the ſovereign could have effectuated ſo vaſt a plan, even in thoſe more civilized countries: and to impute ſuch a deſign to the ſucceſſive princes of the houſe of Stuart, ſeems the exceſs of ſyſtem and theory, the bane of hiſtorical veracity.

James III fell the victim of the ambition of others, and not of his own. He had held the ſceptre nearly twenty-eight years, though his age amounted not to thirty-ſix. His iſſue were James his heir; a ſecond James marquis of Ormond, and afterwards duke of Roſs, and archbiſhop of St. Andrews; John earl of Mar. No female progeny ſurvived to repreſent the graces, or mild virtues, of their mother⁷.

BOOK IX. A RETROSPECT OF THE STATE OF SCOTLAND, DURING THE REIGNS OF JAMES II, AND III.

Sect. 1. State of the people, and of civilization—2. Government, laws, tactics—3. Agriculture, uſeful arts—4. Commerce, money, navigation—5. Eccleſiaſtic hiſtory, literature, language—6. Ornamental arts, manners, dreſs.