A general history of Scotland together with a particular history of the Houses of Douglas and Angus / written by Master David Hume of Godscroft.

Of William stain in Stirling Castle, the seventh William, and eighth Earle of Douglas, the sixteenth Lord, and fifth Duke of Turrain, &c.

UNto James succeeded his sonne William, a man of another met∣tall, and resembling more his Grandfather, and Cousin, (who was put to death in Edinburgh Castle) then his father, who did remember, and imitate more his Cousins diligence, then his fathers neg∣ligence, for hee endeavoured by all means to entertaine and augment the grandure of the house by bonds, friendship, and dependances; retaining, renewing, and increasing them: and therefore his marriage of his Cou∣sin Beatrix is attributed to him, and is thought to be his owne doing, and not his fathers. Upon his first coming to be Earle, his first care was to establish some certain order for his affaires: for which purpose hee con∣veened his whole friends at Dumfreis, made choice of his Counsellours, createth his Officers for his rents and casualties, and settleth a constant or∣der in his house. Great was that house (as hath been said) and doubtlesse it was nothing diminished by him, but rather increased by the accession of his fathers estate (which he had ere he was Earle) and his wife: which being added unto the old Patrimony of the house, made it to surpasse all others that were but Subjects: for it had beene ever growing from hand to hand, since the time of Lord James slain in Spaine, continually, who had the Lordship of Douglas onely at the first. To it was added the Lord∣ship of Galloway by Archbald, slain at Halidoun-hill. By Archbald the Grimme, the Lordship of Bothwell. By Archbald the third (called Tine∣man) the Dutchie of Turrain, and Lordship of Longe-ville. Annandale, and the Earledome of Wigton, by Archbald the fourth: and now the Lordship of Abercorn, by Grosse James. So that his revenue hath beene huge at this time, as appeares also by the ranke hee ever carried, as second in the Kingdome.

His dependance and following may bee judged by these his Lordships, and estate, and for his other friendship, there were divers houses of the Douglasses; as Angus, Morton, Drumlanrigge. By his alliance he had Au∣bigny, and the Lord Fleming of Cumbernauld, who had married his si∣ster. By his mother, the Earle of Orknay by his wife, at (Beatrix) the house of Crawford, of which her mother was a daughter, beside the old friend∣ship that was ever betwixt them. And this may be seen by History, who list to observe it, whereof more may be found by a more accurate disqui∣sition. Thus enriched, thus waited on, thus followed, thus served, thus underpropped, and sustained by wealth, friendship, dependance, alliance, and kindred, his power and greatnesse was such, as was not matched under the Prince by any in this Kingdome.

But here is the maleheure, the Principalls of his owne name (Angus and Morton) assisted him not, but divided themselves from him; and ei∣ther were not his friends, or even became enemies, as wee shall heare here∣after. What the occasion thereof was, is not directly mentioned: some

thinke it was the discontentment they had conceived at his marriage, ei∣ther because they accounted it unlawfull, or because some of them would have had her to themselves, which is the more likely, or in respect of their kindred with the King, who was indeed induced (though not yet) to think hardly of him; or out of emulation of his greatnesse, as an hinderance to their growth, which was Bishop Kennedies opinion to his brother, the Earle of Angus: and so it falleth out often, where a decay is to come up∣on a house, it first divides from, and within it selfe, yet that was but an in∣sensible point at this time; his owne greatnesse being such as would scarce suffer him to finde the losse; standing as it were not by any friendship, but meerely of himselfe, and upon his bottome.

At the very first, when hee entred to the Earledome, he entred also (as hereditary) to the enmitie of the two grand guiders of the time Leving∣ston and Creighton, with whom the hatred tooke beginning in his Uncles time, and was thereafter traiterously, and cruelly prosecuted by them, on his two Cousins: it continued, though coldly, in his fathers time, and was now quickned and revived by himselfe. They would needs lay the blame of whatsoever disorder happened in the Countrey upon him; not onely of what fell out in the borders (where hee commanded, and might com∣mand indeed) but even in the Highlands also, that which John Gorme of Athole did (who fought with the Laird of Ruthven, and would have rescued a thiefe out of his hands (being apprehended by him as Sheriffe) if hee had not beene defeated, and thirtie of his men slain by Ruthven) they would have it to bee thought that the Earle Douglas forsooth had an hand in it. But it is well that our Writers say, it was but thought so: and thought it had beene said so by his enemies, there is no necessi∣tie to beleeve it was so, for they had done him more wrong, and dealt more treacherously with him, then to make such a report for me, it soundeth not in my eares, that it had so long a foote, or that John Gorme could not doe such a thing without the Earle of Douglas, or that the Earle Douglas would meddle with such a matter. This I thinke, that in his owne bounds he would suffer none to acknowledge the Governours, which was his Uncles course, as we heard, seeing he was himselfe to bee answerable for them. It was his fathers way also (though more coldly ac∣cording to his naturall disposition) as may bee gathered of that which is said, that he repressed not theeves, though he entertained them not: which is as much as to say, as he was not Authour, or occasion of their theft, yet he being no Magistrate himselfe, and others having taken the government upon them, he would let them beare the weight of their owne charge in executing thereof, and would not help them therein by restraining any. And that so much the rather, because having murthered his Nephew, he could not with credit employ himselfe to ease them of their burthen by his assistance: he did them no hurt, he could not with honour do them any good. So hee lets them alone, doing to them neither ill nor good, then which I thinke he could not do lesse. And where just cause of enmity was, how could it be more modestly used? Except they would have had him (after such a vilanous fact) to go creeping under their feet (as we say) which the meanest man will not doe after the smallest injurie. And even

where there is no injury, unlesse men reape some benefit, they will suffer others to do their owne part, and not help them, where they have no in∣terest either as belonging to their charge, or from whence they may ga∣ther some profit.

It is true, he onely could doe that service, and there was no ability in them that had the charge, but he was not obliged to supply their inability: and why should they have taken on them? or why should the States (which I thinke did not, but that it was done by faction) have laid it upon them, that were not able to discharge it? This was not wisely done, and it is the very point of the errour in the Estates (so called) and the ground of all the inconveniences that fell out, for they chose men that had not power to discharge the Office, and such as had, did let them do it alone; and with∣all (perhaps) disdained their preferment, as being without merit, for wee see no merit in them by true vertue: hereon arose discontents, then grudges, then crossings, then blamings, and reproaching in words and deeds, growing at last to an open enmitie. Of such great importance is it, to make right choice of men for employments. And such wisedome is requisite in the choosers (bee it Estates, be it Princes) not to follow affe∣ction, but to consider worth and ability rightly, and to employ according∣ly: which if it be not done, it carrieth with it infinite inconveniences, & hath troubled many Estates, yea, ruined them; and it must needs be so. Happy State, happy Prince, yea, happy he whosoever, that having a necessity to imploy others (as who hath not) imployeth according to reason, and not affection, or hath his affections ruled by reason! which if hee doe not, it shall disgrace the imployer, breed disdain to him that is imployed, and bring contempt upon both, which will burst out with occasion, and not long be curbed, and kept in, thought it lurke for a time.

It may bee this Earle of Douglas hath gone further then his father in showing his contempt of these justice-bearers. It may be hee hath borne with the Bordermen, and been more slack in repressing of them, (for his father repressed them, though not enough) because hee had intention to imploy them; being more sensible of the wrong done to his Cousins, & had a greater eye to revenge it, and therefore was loth to controule these men of service, further then the mere necessity of his place did require at his hands, whereof the rule (in the eyes of the people) was to save all men from that misery as farre as he could: in his owne eyes, the rule which he propounded to himselfe, it was to protect his friends and dependers; and for his adversaries, to rejoyce perhaps at their smart, if not to procure it: as for neutralls, to leave it to the Magistrate to redresse what is amisse, not perceiving by that mean, he doth more hurt the Countrey, then his ene∣mies, and wounds his owne credit more then their reputation: and there∣fore he lost more by furnishing them with some ground of obloquie, offending the people and honest men, then he gained by the hurt of his ad∣versaries, or favour of broken men. Nothing is more popular, yea nothing is more profitable then justice, (say all Writers) not to mean and private men onely, who incurre the danger of law by injustice, but even to great men, even to Princes, who if they incurre not the danger of lawes, being placed above the reach thereof, yet doe they lose the most profitable in∣strument

of all their actions, by which they must needs worke, and with∣out which they cannot, the hearts of men: It feareth me, too many think it enough to have their hands, to have their bodies at command, but let no man thinke he can have their bodies, if hee have not their hearts: neither their heart, if hee have it not indeed, in a high measure of affection. Who hath no measure of affection, can have no action of the body to any pur∣pose, and a slacke affection produceth but a slack action, as it hath ever proved. So that in effect, policy hath that chiefe object to worke on the affections of men, and that not to deceive, or force them (for neither of these can worke well and long.) Neither is it sufficient that a man see not a present evill, as a Prince a present insurrection, a great man a present losse of his followers, and favourers (which falleth out sometime, but not alwayes.) Oftentimes it is like a canker, working by peece-meale, insensi∣bly, from degree to degree upon the affections, til it hath consummated the worke of disgrace of the party it seazeth on, and winded their favours out of the hearts of men. As commonly mens actions that procure it are of the same sort, not all in an instant, or at one time, but one ungratious fact cometh after another, and another again upon the necke of that, and so forth. This therefore is so much the more diligently to be taken heed of, and eschewed in the beginning; or if any errour escape, to be taken up and recompensed by amendment, or some other gratefull action importing as much favour, as the errour did disdain: neither must the affections of men be suffered to coole, languish, and to bee eaten up at unawares, till at last they utterly decay and perish.

Thus (we may see here) he hath not been well advertised by those of his house of Douglas, which before were the most esteemed, the best belo∣ved, and favoured universally almost by the whole Countrey. But now, while as they would trouble the Governours, and let their inability bee seen, and for that end either beare with theeves, or suffer them, they are not aware, that by this mean they suffer an ill opinion of themselves to creep into mens minds, and that love of the people to diminish by peece∣meal, for the space now of three or foure mens lives. And whereas they were wont with their heritage to succeed to a generall favour of the peo∣ple, now on the contrary, they succeed to a grudge, and ill opinion, and so an universall dislike, which at last hath done away all that wonted love, and turned it into hatred; which did greatly advance and further the plots of their enemies against them, and made that their greatnesse odious, that was accustomed to be favoured. It is very true, that the men against whom he set himselfe, had used no good means, abused there Offices, abused their Countrey, and the name of the King, and Common-wealth for their owne particular; yet he should not have used ill means, no not against ill men; and the bare name of authority is of weight in the eyes of men, as the name of theft odious; from any countenancing whereof, Noblemen should be farre, as also from seeming to rise against any manner of Autho∣rity, though Authority bee put even in mean mens hands, as these were; chiefly when the opposers of Authority can make no other end appeare, but their own private, and that blotted with the enormities of broken men: yet what shall be given to a just anger? what unto the time? what unto

youth? all these plead pardon, if not approbation; The rather for that he taketh up himself from that sort of doing, so soone as hee can get a right King, to whom he might have accesse, and to whom he might yeeld with honour which was ere long.

The next yeare, 1444. the King taketh the government on himselfe di∣rectly. Thither immediately the Earle Douglas concludeth to addresse himselfe, and by all good means to obtain his favour; to satisfie the peo∣ple, to satisfie all men that were offended, and fully to change that course he had before followed. Certainly repentance is worth misdeed: and it may bee seen, that the force of enmity hath driven him into these faults, which as soone as he can, he layeth aside. So coming with a great compa∣ny to Stirlin, he deales with the King by the intercession of such as were about him; and finding that he was appeased, goeth on, and puts himself and his estate in his Princes will, partly purging himselfe of the crimes past, partly confessing them ingeniously; and telling him, that what ever estate he should have from that time forth, hee would owe it to the Kings clemency, and not ascribe it to his owne innocency: That if the King would be contented to be satisfied by good Offices, hee would endeavour not to be short of any in fidelitie, observance, diligence, and good will to∣wards him: That in repressing and punishing of theeves (whose actions his enemies laid upon him) there should no man bee more severe, nor more carefull: That he was come of a house that was growne up, not by doing injuries to the weaker, but by defending the weaker and common people of Scotland by arms. Certainly a true conclusion, & undeniable by his great∣est enemies. But I have thought good to set downe all as it was conceived: for whether there was any fault or not, his submission was great, and his repentance sufficient to purge it whatsoever it were. Such is his respect to his soveraigne Prince; and such the force of authority rightly placed in the due owner thereof. And such was also the force of truth in his speech, that the King, understanding that it was true in his predecessour, and ho∣ping it would be true in himselfe, moved also by the private commenda∣tion of his Courtiers, not onely passed by, and forgave what ever had been amisse in his life before, but also received him into his most inward familiarity, and did communicate unto him the secrets of his counsell: Neither was the Earle unworthy thereof for his part, but behaved him∣selfe so well, that within a short time hee acquired the favour of the King by obedience; of his Courtiers, and servants, by liberalitie, and of all men by gentlenesse, courtesie, and modestie, and put the people in hope that he would prove a meeke and sober-minded man.

The wiser sort doubted (say our Writers) whither so sudden a change would turne. But why should wee thinke it a change? or if it were a change, it was very casuall, very apparant, and nothing to be wondred at: for it is this in effect: he had been untoward to base men, why should he not yeeld to his King? hee had slighted the shadow of authority in them, why should he not acknowledge and reverence the beames of it in his Prince? he had beene froward to his enemies, why not gentle to his friends? he had sought to make them smart that wronged him, why not cherish those that did him good offices? he had warred on them, that had

warred against him: why should hee not keep friendship with those who kept friendship with him? certainly, these are not changes, nei∣ther of nature, nor of manners, but are commonly (wee see) in one and the same nature, and proceed from one and the same cause, which is greatnesse of courage, and regard of due honour. The greater de∣spiser of basenesse, the greater reverence of true greatnesse, the greater repiner against compulsion: the gentler and calmer being used cour∣teously: the harder enemy, the faithfuller and sweeter friend: so that wee may suspect these mens wisedome, that did so farre mistake his true courage, and accounted that a change, which was but a continuation of his inbred disposition.

Two men are designed to have taken fray at the matter, whose consci∣ences were guilty of what they had deserved: Alexander Levingston, and William Creighton, not for the change of his manners, but for the change of his credit. They had traiterously slain three innocent Noblemen, his two Cousins, and Malcolme Fleming. They had kept himself back from his Prince, and his Prince from him, and were sory that ever they should have met in a friendly sort. They would have been glad to have blowne the bellowes of dissention, to have irritated the one, and misinformed the other, made their owne quarrell the Kings, and so have caused the King and Countrey to esteem of it. They were now disappointed of that, and the Earle had accesse to informe the King of their misdemeanour in their Office, and to move him to call them in question for it. They knew hee would remember the wrong done to his Cousins: they knew how unable they were to answer for many of their facts, and therefore they retire them∣selves from Court: Levingston to his owne house Creighton to the Castle of Edinburgh which hee had still in his keeping. Neither was the Earle Douglas negligent in this occasion, that was thus offered to seeke justice by law and by justice, to be avenged of his enemies for the wrong done by them against law. Wherefore he diligently informed the King from point to point, of their misbehaviour in their Office: how they had abused him, abused his rents to their owne private use, and moved him to call them to an account thereof, whereupon being summoned to a certain day, they durst not compeir; but to set a faire face on the matter, they answered by Procuratours, or by letters:

That they were ready to give an account of their government, that they had beene very carefull of the King and Countrey, desired nothing so much as to give an account thereof before equall Judges. But for the present, when the minds of men were pre∣occupied with the favour of their enemies, and all accesse closed with armed men, the King behoved to pardon, that they did eschew not to come to judgement, but to come in the danger of their deadly enemies, and keep their lives for better times: when the Captain of theeves, be∣ing removed from the Kings side (which they had of times done be∣fore) they would approve their innocency to the King and all honest men.

These reproaches, and brags touched, and were meant of the Earle Dou∣glas. Him it was they called Captain of theeves, because of the border men, of whom many were his followers. That they removed him often

before was idle boasting: for he had abstained to come to the King, so long as the King was in their custody, so long as he was in the Castle of Edin∣burgh, where they might have murthered him, as they did his Cousins: That he was their enemy, he denied not, and had just cause so to be: but to take that excuse from them, he gave them assurance he should not pro∣ceed against them any wayes, but by order of law; and offered for that purpose to goe from Court, till they should come to it in safetie. And to meet their reproach (of captain of theeves) and their boasting of the just administration of their Offices, hee was ready to prove that they them∣selves were theeves, that they had stollen the Kings revenues, and di∣stributed to their friends, and converted them to their owne particular use, and that they had traiterously against justice murthered his Cousins, whereof he besought the King to grant him justice; and so a new charge was given out, and another day appointed for them to compeir. Which being come, and they not compeiring, they were denounced rebells, in a Convention kept at Stirlin the fourth of November, and their goods and moveables confiscated.

Thereafter John Forrester of Corstorphin (a depender of the Earle Douglas) is sent with a power of men, to intromet with their goods; who having received their houses, some he razed, some he manned with new forces, and provision: and so without resistance he returned, laden with great spoil. Hee was scarce retired, when Creighton assembled his friends and followers so suddenly as none could imagine, furrowed the lands of Corstorphin, together with the lands of Strabrock, Abercorn, and Black-nesse, and amongst other goods, he drave away a race of mares, that the Earle Douglas had brought from Flanders, and were kept in A∣bercorn, doing more harme then he had received. This may seem strange to any man; neither do our Histories sufficiently cleare it, either where he got these forces, or whither he carried the goods. They insinuate, that he was aided and assisted under-hand by Bishop Kennedie, and the Earle of Angus and Morton. Angus was the Kings Cousin germain, sonne to his fathers sister, and by her, brother to the Bishop: Morton had married the Kings owne sister. But of these, the Bishops power lay beyond Forth; (for he was Archbishop of Saint Andrewes) and the Earle of Angus fur∣ther (beyond Tay): so it is hard to conceive, either how they could sud∣denly assemble to their folks, or that they could conveene many (except such as Angus had on the South side of Forth in Liddisdale, Jedward Forrest, and Bonkle; likewise Mortons lands and friends were (most part) on the same side of Forth) to make assistance against the Earle Douglas. But how ever apparantly, they did it not openly; and this, it was against order, against authority, and against Law: and if the Earle Douglas had done it, it would assuredly have been called an open Rebel∣lion against the King, theft, oppression, presumption, arrogancie, inso∣lencie, and faction, as we heard it was before, when he contemned the Governours onely, and as it will be called (perhaps) hereafter. If men alledge, that the King was guided with the Earle Douglas counsell, and his name used to a particular onely: tell me (I pray you) was there ever any thing more formally than this against Creighton? And if the

Earle Douglas his particular was in it, what then? how many actions of justice are otherwise done without instigations of private men? with∣out the mixture of their cause? without their particular suiting? and particular insisting? and if it be lawfull to any to seek justice for his own particular, the Earle Douglas his particular was such, as very well became him to insist in: the wrong so manifest, the murther so vile and trai∣terous. And if that which is done against the lawes shall not be accompt∣ed wrong, nor esteemed to touch the King, because parties have their particular in that law, none or few things shall be accounted to be done against the king, or against law; for there is almost ever some particular joyned: and the same hath been and wil be the Earle Douglas his case. This therefore cannot be accounted innocencie; yea no lesse then open vio∣lence, and plaine rebellion, and presumption against the Earle, clad now with justice and lawes, and against the king as protector, and Patron of justice. No marvell then if the Earle Douglas was offended herewith, both for his own cause, whom the losse touched so neere, and for such manifest contempt of the King, and if therefore he seeke to be avenged thereof.

But there was a different forme to be used, according to the different actours; of which we see there are two sorts, Creighton and Levingston were open enemies, open actours; they themselves obnoxious to the law; against them the law will strike, and so he proceeded with them: he be∣sieges openly Creighton in the Castle of Edinburgh, and no question he had taken from him before whatsoever was without it. The others, not open enemies, and actours themselves, they were but secret stirrers up, abetters, and assisters of his enemies; and among them Bishop Kennedie was the chiefe plotter and deviser; the law could not well be had against him; he must be met with in his owne way, he had done besides the law, he must be met with besides the law: he had done disadvowedly, he must be met with disadvowedly. Therefore he writes to the Earle of Crawford, who with Alexander Oglebee of Innerwharitie gathered a great hoast, entred, life, and without resistance spoiled the Bishops lands, either because they could not get himself, or because they had a greater minde to the bootie, then to the quarrell. The Bishop using his own weapons, curseth them; but they made small reckoning of his curses. Neverthelesse shortly after there fell variance between Crawfords eldest sonne (the master of Crawford) and the Oglebees about the Bailliarie of Arbroth: for the Monks had given it from the Master to Innerwharitie, and hereupon having assembled their forces on both sides, they were readie to fight it out. But the Earle of Crawford (having gotten advertisement) came into the field to have composed the busines, and trusted they would have re∣spected him, and not have offered him any violence, he entred in between the two parties; where having stayed his sonnes companie; he was go∣ing over to speak with the Oglebees to have brought matters to a parlee, and treatie. In the meane time one that neither knew what he was, nor what his intent was, runnes at him with a spear and slayes him: hereup∣on the battells joyning the victorie fell to the Master of Crawford, there being 500. slaine of the Oglebees side, Alexander Oglebee taken, and the Earle of Huntly escaping on horsback. This victorie was obtained

chiefly by the valour of the Cliddisdale men, of whom the Earle Dou∣glas had sent about 100 to assist the Master of Crawford. This Master of Crawford was now Earle (his father being slaine) and was called Earle Beardie, of whom there will be mention made hereafter, he being that Earl with whom Douglas is said to have entred into league; though we see there was friendship betwixt them now, the Earles Ladie Beatrix being a sister daughter of the house of Crawford, besides the old friendship that had been (ever since the first Earles time) betwixt the two houses.

In the mean time the siege of the Castle of Edinburgh (where Creigh∣ton was shut up) had now continued some six or seven moneths, from the midst of July (as appeareth) unto the beginning of February in the next year: for there being a Parliament called, to be held at Perth, it was removed to Edinburgh, that the siege might not be interrupted, and sate down in the beginning of February 1445. The siege lasted two or three moneths after, which makes in all some nine moneths, or thereby: at last both parties (the besieger and the besieged) being wearied, the Castle was surrendred to the King, on condition that Creighton should be par∣doned for all his offences which he had committed against the King, and should be suffered to depart life safe, which was granted unto him: Our Writers term them the offences which he was said to have committed against the King: As if they should say, There was no offence indeed done to the King: And more plainly a little after, as in all contention, he who is most strong would seem to be most innocent: which sayings are to be judiciously considered, and accurately weighed, whereof we have spoken before: But if they will needs have it so, we will not be conten∣tious. Thus Creighton, not so much hurt, as terrified, escaped due punish∣ment by meanes of the Castle, which could not easily be taken, but by composition. Whether this was through the impatience of the Earle Douglas, that would not take leasure to wait on the siege, untill they should have been forced to yeeld for want of victuals; Or whether Creighton hath had some secret friends at Court, who did make use of this occasion to work his safetie, there is no mention. But Levingstone leapt not so dry-shod, being no lesse guilty of his Cousins murther. The Earle had bent his just indignation against him also, and caused summon him to the Parliament of Edinburgh, together with his sons, James and Robert Levingstons (this Robert had been Thesaurer) and David Leving∣ston his Cousin: His friends also, Robert Bruce of Arth, with James and Robert Dundasses. The Lord Levingston himself, with the two Dundasses, were convict, forfeited, and condemned to perpetuall prison in the Castle of Dumbarton. The other three, James, and Robert his sons, and David his Cousin, and Bruce also, were execute: What the crimes were that were laid to their charge, whereof this difference of punishment did arise, it is not written, either by the old or late Historians. This appears, that it hath been no particular of the Earle Douglas (of which the father was most guiltie) and that their Processe hath not been guided and ruled by him, nor framed according to his spleen, which would have aimed most at the old man, as accessary to the death of his Cousins, whereas we see he escapes with imprisonment onely: His sons are hardlier used,

being put to death: So that it must needs have been for some other crime, whereof the acts of Parliament that are extant in print makes no mention, or particular relation, as the forme is; and James Levingston in his speech at his death purgeth himself, as free of all true crime, what by being innocent of some, & having obtained a remission of others; yet he mentions not what was alledged against him; wherefore we must leave it as uncertaine. Some conjecture, that it was for keeping of some castles, and strong houses, and not rendring them to the King being summoned, against an act of Parli∣ament made by Creighton before, by which act Creighton also himselfe was forfeited afterward; but we know no ground for that opinion. They alledged also another act (which only is extant) the other not being ex∣tant (and may seeme to sound something that way) made in the second Parliament, in the yeare 1488. against the re-setting of rebells in castles; which imports no keeping of houses after they be charged, or summonedto render by the Kings officers; but only commands to arrest their persons, or to take surety, and baile for them that they do no harme: Neither is there any penaltie (much lesse forfeiture) annexed thereto; only it sayes, they shall be forced and constrained to do it. This execution of the Levingstons is cast into the yeare 1447. (after that Queen Marie, the Duke of Ghel∣ders Daughter was married to the king) at which time it is said, that Creigh∣ton was also forfeited, notwithstanding he had been Embassadour in pro∣curing and making that marriage. The cause of his forfeiture is given out to be the keeping of the castle of Creighton when it was summoned and charged by an Herauld of armes, according to, & by vertue of the same act forsaid: But we have already spoken of that act, and we finde no mention of any Parliament that year. Neither from the year 1443. until the year 1449. wherein he should have been forfeited. And this we observe, that judgment may be adhibited in the reading of those, and such like things, however Creighton thus dashed, the Levingstons some executed, some imprisoned, forfeited, and condemned, there seemed to be some compensation of the murder of his Cosins, also their assister Bishop Kennedie received his part, so it is said that he had much ado to save himself, by leaving his goods a prey to them that pleased to take them.

These things are imputed to the Earle Douglas as faults: why I cannot tell, unlesse we require of him that exact philosophicall disposition, to be free from all humour of revenging, which few have brought with them that have been conversant in the affaires of State, or common wealth. No not these who have been accounted as Philosophers, and that very precise ones, such were both the Catoes, whose common ordinary course was to be avenged of their enemies by publick accusations, and pur∣sute of law: wherein if there be a fault, let there be no law, that permitts it, yea that allowes it, and exhorts unto it; it is recorded of Cato called Censorius, that having met a young man in the street, who had accused his fathers enemie, and gotten him condemned, he cherished him and em∣braced him, saying, It was farre better so to celebrate the funerall of his father with the teares and condemnation of his adversaries, than to sacri∣fice with kids and Lambes. It is naturall to men to resent injuries, and as naturall to seek the repairing of them; and he is excused who recom∣penses

a wrong received; and he is accounted also just who does it byorder and modestie, that hath patience to sute it, and abide the delayes of a Court-sute, it being a mean to purge blood out of the land. Neither does either Philosophie, or Religion forbid it but; by the contrary, commands & allowes it. Only the caution is, that the minde of the pursuer be voide of malice, and his eye set upon justice: of which intention the searcher of hearts can only be the competent judge. If some Imperfections, and weak∣nesse of nature do mingle with the action; we must not alwayes for that either utterly reject the action, or condemne the authour. But we must acknowledge that as right, which is right, and pardon the imperfection, which none wantes. We must not exclaime against it as if it were no∣thing but partialitie: Nor against the doer, as meerly vindictive, cheifely in a fact so very enormous, as the murthering of his Cosins was, where∣fore if we shall without partialitie in our selves consider this whole pur∣suit, and give it the right name, we shall call it kindnesse to his kinsmen: equitie, justice, modestie, and patience, rather than wrong and malice: and praise him for his kindnesse, and faithfulnesse in friendship in revenging their quarrells, which hath been his very inclination, as will appeare here∣after yet not only this his just pursuite, but every thing that fell out in the countrie is laid upon him to brand him: as the slaughter of James Stuart by the Boydes, and the like: the taking of the castle of Hales by Patrick Dumbarre, which he is said to have taken, and killed the keeper thereof: be∣cause the Lord Hales had then received the Queen mother into the castle of Dumbarre: who had fled hither to eschew the troubles of the times. The Earle Douglas within a few dayes after got the castle of Hales againe, on condition to suffer the said Patrick Dumbar and his men to de∣part with their lives safe. Likewise he is said to have constrained Sir James Stuart (the blacke knight of Lorne) who had maried the Queen mother, to goe out of the countrie, upon some speeches uttered by the said Sir James against the ill government of the affairs of the kingdom: But neither is it set down what the words were, neither what sort of constraint was used towards him. This Sir James as he was sailing into France, his ship was taken by the Flemings, and he himself died soone after.

The next year (which was 1448) there fell out warre with England, and incursions made on both sides by the Borderers: where the Earle Douglas began again after so long an intermission (to wit from the entrie of King James the first in the yeare 1423. the space of twenty five years) to take upon him the managing of the warre, which his house had ever done, and he now also discharging with honour, and following the foot∣steps of his predecessours, for Dumfreis being burnt by the Earle of Shreus∣burie (or Salisburie) Dumbar spoiled by the Earle of Northumberland, James Douglas (the Earles brother) burnt Anwick in England, where ha∣ving gotten great store of bootie, and many prisoners, as the others had done in Scotland, being almost equall, the & prisoners goods, & were chan∣ged by consent & agreement of the captains. But this was only a small assay before a greater matter, which followed this same year, as should seem, yet there was some cessation for a while, and truce taken for seven years. In which time the Earle who (as we see) was so zealous in prosecuting the

revenge of the wrong done to his Cosins, showes another propertie no lesse commendable, which is to be as kind and forward to advance his friends as he had been to quell his enemies.

For the same year James Dumbar (Hollinshed calles him John) Earle of Murray being dead, first he obtaines the foresaid Earles daughter (who was Neece to King Robert the second by his daughter) for his third Brother Archbald; then the title of Earl of Murray from the King; notwithstand∣ing that she whom his brother had married was but the youngest sister, the elder being married before her fathers death unto James Creighton, of whom the house of Fenderet is descended; how it came that he was pre∣ferred before Creighton, who married the elder sister; whether because the titles of Earles do not go by succession unto the heirs of Line, but by the pleasure of the Prince, and that he had more court then Creighton, or whether there was some respect also had to the kinred, or what ever cause there were of it, it gave matter of speech to his enviers, and to our his∣tories it hath furnished matter of Censure, as a wrong done to the elder sister, to whom they think it belonged: he obtained also his fourth brother Hugh to be made Earle of Ormond; and his fifth brother John to be Lord of Balvenie, and Baron thereof, with many rich, and fruitfull lands. In which actions of his, when men can finde no ground of alledging that he did any wrong, they blame him as immoderate in augmenting too much the greatnesse of his house.

Wherein I cannot but praise his kindnesse and carefulnesse, in prefer∣ring of his friends by all lawfull meanes, which is a dutie standeth with wisdom, and a right wisdom: neither was it ever, or can it be ever justly discommended, where there is no injurie committed. Whereas, not to do it (if a man be able) and not to seem to do so, proceeds either of carelesnes, or that which is worse, wickednesse, selfe love, and in some, envi and malignity, even to their owne friends. Which kind of doing, deserves no commendation, when it is but carelesnesse, farre lesse when it is done of malice: last of all, when men doe not onely not labour to advance their friends, but even endeavour to keep them under, by a point of wisedome which they thinke very deep, that they may remain servants to them; fearing that if they come to any preferment, they would not be so ready to serve them, and might perhaps grow up above them. This humour, as it is malignant, and an ill disposition, so it is no great good wisedome, whatsoever subtilty it may seem to have in it•…•… for they advert not, that they hinder them, who would stand them in stead, and cut them short in power to be steadable to them, and so cut down the props of their owne standing, and such as would support them in their need & necessity. And while they feare that their friends out-strip them, they give place and matter to their enemies to overtop them both. Now the feare which they apprehend of their friends neglecting their duetie to them, is very farre off, and if ever it come to passe, it should not be envied, providing that kindnesse remain among them, though they should grow greater then they; and howbeit they answered not our expe∣ctation in kindnesse (except it were joyned with extremitie of wicked∣nesse, and perhaps not then neither) ought we to repent, or repine? it be∣ing

much more tolerable then to bee overmatched by an enemy, as it of∣ten falleth out, and can hardly choose but fall out, when a house stand∣eth alone by it selfe, having no honest member thereof to underprop and uphold it. Besides, while men thus seeke to make their friends al∣together servile to them, their friends perceiving it (as it can hardly but bee perceived, what ever cunning bee used to cover it) are the lother to serve; as mens nature is, in whom love-service (questionlesse) is the best: yea, onely fruitfull service. And therefore they will either re∣pine the more, or withdraw themselves altogether, if they bee of any spirit; and if they bee not, their service is not worth having. So that men lose even their service (which they so effect) and sometimes turn it by unkindnesse, into unkindlinesse and enmitie, which hath ever been found by experience: neither did ever any house flourish so well, or any man in any house, as when they concurred with one minde to a mutuall helpe one of another: and none ever prospered so well as hee, who used and shewed his care (not to keepe backe his friends, or to neglect them) but to advance them, and take their businesse to heart as his owne.

This is a true patterne of kindnesse, and no lesse of true wisedome, howsoever men may subtillize as they please, which is seriously, and sincerely followed by our Earle Douglas, and deserveth both commenda∣tion and imitation. Neither will it bee found that this is it which did him hurt, but (questionlesse) made him strong, and not easie to bee med∣led with, and so difficult that they could get no other mean to overthrow him, but that which they used, unto which they were forced, and of which, constraint is the onely excuse, as we shall see where hee is slain. Therefore, to say his greatnesse was the cause of his wrack, is more sub∣tle, then solid; even as it may be said (in some sort) that a mans riches are the cause of his throat being cut by robbers, and that a mans vertues and good qualities are oft times the cause of his overthrow, which should not (for all that) bee eschewed. But shall there then bee no moderation! (will some say) and is it not fit, that Subjects should keepe themselves within some certain bounds, that are not envious, or suspect to Princes? Moderation is good both in Prince and Subject, and it were to bee wish∣ed that all would moderate their greatnesse, at least their appetite and desire of greatnesse: or if not that, yet so that they would limit the meanes of attaining it, and the end for which they desire it; and that they would have that wise conference of Cyneas with Pyrrh•…•…s before their eyes, that they might lesse affect it, or lesse erre in affecting of it: But where the end is good, and the mean right and lawfull, who craves further moderation, and limitation, whether in Princes, or Subjects, of their Empire (as Augustus) or of their greatnesse (as this Earle here and many others) whatsoever shew it carry, and however Histo∣ries speake thereof, (besides their moderation that duety and religion re∣quires) in so farre as touches Policy, will be found but Sophistry, and no good Policy, when it is well examined. In all this therefore wee can acknowledge no fault; but on the contrary, kindenesse, effectuall freind∣ship, and a due and provident wisedome in strengthening himselfe

against his enemies, and underpropping his house most wisely, and most circumspectly.

Where is then his fault? ye will say, and what was the cause of his ruine? for we finde he did ruine in the end. Truely we must not account of all that have fallen, that they have faulted, that is a great errour in our judgements, and too common, that by finding faults in others, we may be thought the wisest: yet it is not hard to finde his fault if wee will be∣leeve his enemies speeches set downe by our Historians; for though his friends feare nothing, and see nothing but his greatnesse (which is but a vain feare) his enemies see further (as enemies are quicker sighted) in faults, or would seeme to espy further: in their speech yee shall finde these grosse and lewd faults. 1. An unsatiable cupidity (and then they explain in what) in avarice: 2. Then an impotent Tyranny, two great faults (Tyranny and Avarice) sufficient to bring downe, and such as oft brought down Kings let be Subjects. And that we may not think that there was but an idle disposition in him, and but a naturall inclinati∣on, which he bridled, and suffered not to debord, they tell us the effects of them. Of his 1. avarice (and that unjust, as all avarice is, if it bee properly avarice) He seased on Noblemens Patrimontes, hee himselfe by law, and without law: 2. Of his tyranny and oppression, He gave the Patri∣mony of mean men as a prey to his dependers; and yet further, Them that withstood his pleasure, hee harried or caused make them away by theeves and briggands: he advanced new men to the highest honours, placing them in the roomes of ancient Families. If any man spake a free word, tasting of li∣berty it cost him no lesse then his life: These faults indeed are great ones, if they were true, and such as merited that their end should have been as it was: These are indeed errours both in policie and humanitie, in pri∣vate men or in Princes, in small or great, in what ever person; and they were worthy to be detested, and abhominated by all men, if they were true, for our Authours say not that they were true. I say again, if they were true expressely; for they doe but report them as the voyce of his enemies, who did exaggerate things as enviously as they could (as that amongst other speeches of theirs) doth witnesse, where they say, That all the riches of the Countrey were heaped upon one Family: that there were so many great Earles and Barons of them, that they had so much power and potencie, that the King reigned but by their license, and courtesie as it were. As for the Authours owne judgement hereof, (besides what he said be∣fore, that they were amplyfied in the most odious manner) hee sub∣joynes these, and such like speeches as those, Many of them were true many besides the truth, and augmented above it, to procure hatred unto them. So he leaves the judgement uncertain, and tells not what things were true, and what false and augmented, which we ought to discerne and separate (if it be possible) to make a right judgement: for this is indeed the craft of Calumny, to mingle truth with falsehood, that something being knowne to be true, the rest may passe for such also. But Prudencie will sift, and separate them, and winnow them in a right judgement, both that which is true, from that which is false, and in every point laid against him so much as it hath of truth, from that falsehood is mingled with

it for Calumniators are excellent in their mixtures, and compositions of truth and falshood, so that there is great attentivenesse required to distin∣guish betwixt them, yet if we will attend to them, it may be they be dis∣cerned. Let us then consider the particulars, and what particulars we find in any of those to be true, let us acknowledge it; what is not so, let us reject as false, and reckon amongst those that are but amplified, and aug∣mented for envie: After which rule we shall finde in effect the last three to be those which are most true. 1. The riches: 2. The number: 3. The puissance of the house and name of Douglas. And yet not simple true as they set them downe, for they amplifie them also to stirre envie, unlesse we interpret it favourably: for not all the riches of the Countrey, nor all the honour was in their hands, though there were more in theirs, then in any others at that time: yet there hath been more (both riches and ho∣nours) in the hands of some other before; for the Cummines are account∣ed to have been greater, and that their power was beyond the Kings power: it was false, their power being but a dependant, and subordi∣nate, and could not be supposed to have been so great, so united (though they were of one name) as was seen afterward. And however we find it was thought so of before in the first Earles time, yet he never used it to the Kings prejudice after that he was informed of his right, which was now out of question: but these carry no fault in them. The rest which carry fault in them, the first two (avarice and tyranny) are to be tried by the effects: the third (taking to himselfe the Noblemens Patrimony) by law and besides law: what he did by law take from them, was not theirs; what besides law we heare of no instance given: There is a fact may seem so in the Earledome of Murray, which he tooke not to himselfe, but to his brother. Neither was that the Patrimony, but the Title and Digni∣ty, of which we have spoken already, and it was but a small peece of matter. The fourth and fifth (his killing and robbing by theeves, and his dependers invading of other mens Patrimonies) are of the same quali∣ty, for we heare of no instance bearing any wrong, Neither of the sixth, and seventh, advancing of new men wrongfully, or killing of men for free speeches. And truely raising of new men, and mean men was the thing that he and all his house did ever dislike very much, and was the ground of their discord, with the Levingstons and with Creighton. And I hope no man will call his brother a new man. So that to be short, when we have sifted them all, we see nothing but falsehood, and calumnies, and aggravations to move envie, which makes it no truth: for a truth augmented or diminished, is no longer truth, though otherwise it were true in substance.

Wherefore leaving these speeches as the speeches of his enemies, that is to say, for Calumnies (as they are called, and as they are indeed) wee will come to that which is of greater weight, and followes in the Au∣thours owne name, Animus per se insolens, hee was of an insolent minde of himselfe saith one, which being the judgement of one of the most learned and judicious Writers, I will not contest, but leave it in the middle, and soberly crave to have it weighed, that wee may see whether there bee any necessitie to make us thinke so or not, for

it is Historicall onely, which I must thinke hee hath found in fact as he hath had leisure, and perused his Histories, of which we are scarce; to wit, that he grew by successe to that impotency of commanding his affe∣ctions, that he had his eares closed from the free admonitions of his friends. Nothing is more pernicious, nor is there a more certain prog∣nostick of ruine to follow, then when men are so puft up with the opini∣on of their owne wisedome, that they disdain and contemne to heare, and to weigh the judgement of others. Yet this that followes is an extreame high degree of it, that men might not dissemble their minds in silence, to hold their peace at those things which they could not approve, was not sure nor safe for them, which ought to be safe for all men, to say no∣thing, and keep their minds to themselves and God; which no other man, no not a mans selfe can command altogether. He is obedient that obeyes in the rest: The minde is his that made it, and can search it, over which no man should usurp. The cause of all this ill followes; the aboundance of flatterers, and giving eare to them: a naturall, but a pestiferous fault, naturall to all great men, and small in their owne kinde: men are given to delight in what they beleeve, and to beleeve easily most good of them∣selves, whom they love most of any, and for aboundance of flatterers, who wants them? Diogenes said he had his owne Parasites, the mouse was if men failed! yea, men never fail, and perhaps failed not him; hee whom all the world flattered. King Alexander, did he not flatter Di∣ogenes? what was his speech to him but a flattery both of himself and Di∣ogenes? or else anerrour concerning them both, when he said, If I were not Alexander, I would be Diogenes. So common is it, so naturall is it, but notwithstanding, it is hurtfull, and to be avoyded, and the more care∣fully to be taken heed of, the more common and the more naturall it is: he hath the fairest of the play, that is most wary of it, and accounts it his greatest perfection, to know his imperfection; and he is most accomplish∣ed that best knowes his defects, and wishes for helps, and knowes he hath need of them. Out of doubt these were enough to bring down more then one Earle of Douglas; as for that which is further said of him. His old enemies were drawne to law to plead their cause before the same man, both judge and party, of whom many were spoyled of their goods, some of their lives; some to eschew the in just judgement, tooke voluntary ex∣ile unto them; and that which is said of their dependers, they overshot themselves, carelesse of all judgements (because none could contend with them in judgement) To all sort of licentiousnesse, robbing, and stealing holy things, profane things, and slaying them they could get their hands over: neither keeped they any bridle (or measure) in their wickednesse. Of all this concerning his dependers, being so generally and almost hy∣perbolically conceived: I could wish among so many, that there had been some instance set downe, that we might the better have knowne it, and discerned it. This (I am sure) cannot be without hyperbole: that they did commit some gratuit wickednesse (that is, such as was for no good to them nor profit) and without gain, pleasure or profit, having no cause in the world for them, but onely to keep their hands in ure of wickednesse, lest being disaccustomed from ill, some honest thought might come into

their minde, that might tame them from their wickednesse and vile∣nesse. So strange a conclusion would have had cleare and plaine antece∣dents, and not a few of those. It is hard to beleeve this upon any mans word, chiefly such a one as lived not in those times, nor was an eyewitnesse (as we say) of things, who by such speeches would have us to conceive more then he could, or by any could be expressed in words. But what one man could only gather out of Histories, we might also have gathered by the same Historie, if he had named his Authors, or showne the way of his col∣lecting of it from thence. But there being no footsteps of such enormities in the Histories which we have, that can lead us to this, I know not if we be bound so to reverence any mans person, as to receive it absolutely. That which followes, is of the same kinde, wherein the evils of those times are amplified, That it fell out well for Scotland that England had their owne civill warres in those dayes, otherwise Scotland had sunke under the bur∣den. For first their civill warres from this time (which was from 1444. un∣till 1448.) were not great, and but secret grudgings onely. The commoti∣on of Blue-beard was not untill 1449. and in Kent by John Cade in 1450. Then the forraine warres with England might have moved the discord at home, as they have done often, and men fit for warlike employment, and given to arms, should have had matter to exercise themselvs upon the com∣mon enemie, who in time of peace, for want of such employment as they are inclined to, are the cause of much evill at home. Last of all, we finde the contrarie by experience: for notwithstanding of these dissentions and disorders, yet they obtained a notable victorie of the English by the same Douglasses who are accounted so disorderly in time of peace, but have e∣ver proved in the eyes of all men honourable, and dutifull in warre, their enemies not being able to detract from their manifest and evident worth.

The occasion of this victorie fell out thus. Wee heard how after the burning of Anwicke by James Douglas, younger brother to the Earle, a Truce was taken for seven yeares: notwithstanding of which, in this yeare (as would seeme) or in the next at farthest, the English (without any regard of the Truce) made inroades upon Scotland, spoyled, forrowed, and burnt the Villages farre and wide where they went, which the Scots would not suffer to passe unrevenged. Wherefore to cry quit with them, they en∣tred England, and returned unto them as much hurt as they had received; and the storme fell chiefly upon Cumberland, from whence the beginning of the troubles had arisen, which was by this incursion almost redacted to a wildernesse. When newes hereof were brought to London, they gave order for levying of an Army of 40000. men (as some write) intending to bring Scotland under their subjection, which they thought would not be hard to doe, in respect the Countrey had beene so lately wasted and im∣poverished, as also for that they knew their divisions at home. Therefore having made a levie of the best and choice souldiers, the Earle of Nor∣thumberland is made Generall, and there was joyned with him a certaine man called Magnus (onely a Gentleman borne) who had given good proofe of his valour many times in France, where he had beene brought up, and trained in the warres from his youth. This man bearing great

hatred to the Scots, and being too confident of his owne sufficiency, is said to have obtained of the King of England, for the reward of his service, whatever lands he could winne from them, for himselfe and his heires in perpetuall inheritance. He was remarkable by his long and red Beard, and was therefore called by the English Magnus Red-beard, and by the Scots, in derision, Magnus with the red Maine, as though his beard had beene an horse Maine, because of the length and thicknesse thereof. The Manu∣script calleth him Magnus with the red hand, taking the word (Maine) for the French word, which signifieth an hand: but the attentive Reader may perceive the errour, and how it was a word meerely Scottish, and used by the Scots in derision.

The King of Scots hearing of this preparation in England, caused also levie an Army, wherein he made the Earle of Ormond (George, or rather Hugh Douglas) Generall, who immediately went into Annandale, through which the English Army was to come. Both sides being thus prepared, the English having passed the Rivers of Solway and Annand, pitch their Camp upon the brinke of the water of Sarke. The Scots marched to∣wards them, and they hearing of their approach, made themselves ready, so that being come within sight one of another, they ranged their men in order of battell. In the right wing of the English Army was this Magnus with the red Maine.) In the left Sir John Pennington with the Welsh men. The middle battle was led by the Earle of Northumberland himselfe. On the Scots side was the Earle of Ormond in the middle battell over a∣gainst Northumberland, and William Wallace of Craiggie opposed Magnus, and against Sir John Pennington was placed the Knight of Carlaverocke, called Maxwell, and Johnston of Johnston, with many inland Gentlemen, (saith the Manuscript) because they had no great confidence in their owne Annandale men, who were more set upon spoile then victorie. Ormond exhorted the Armie in few words, telling them, That they had great reason to hope for the victorie, because they had taken armes, being provoked thereto, and that it could not be, but that so just a cause should have a happy event. Onely be∣have your selves valiantly, abate the pride of the enemy with a notable defeat, and so you shall reape a long lasting fruit of a short travell. When the Eng∣lish Archers did annoy the Scots with their arrowes from afarre, William Wallace cried out with a loud voice, so as he was heard by his followers, Why should we stand still thus to be wounded afarre off? Follow me (sayes he) and let us joyne in hand stroakes, where true valour is to be seene: and so marching forward, and the rest following his example, they made so fierce an onset, that they quite overthrew the right wing thereof. Magnus per∣ceiving that, being more mindfull of his honour acquired in time past, then of the present danger, resolved either to restore the battell, or lose his life with credit, pressed forward against Craiggie Wallace to have encoun∣tred him, and ere he could come at him, he was encompassed about by the Scottishmen, and slaine: his death put the English in such a feare (for they had great confidence in his valour and conduct) that they without any fur∣ther resistance turned their backs, and sled in great disorder. The Scots pursued so fiercely and eagerly, that there was more of the enemies slaine in the chase, than in the battell, chiefly upon the brinke of the River of

Solway, where the tide being come in, the river was not passable, and such as adventured to take it were drowned. There were slaine in this battell 3000. English, and amongst those their great Magnus, and the Scots deadly enemie, who had presumed so of victory. A notable example to teach men not to be over confident in things of such uncertaine event, as are the warres; and (as our proverb is) Not to sell the beares skin before he be slaine. There were slaine besides him eleven Knights of good account and note. Of the Scots were lost but 600. There were taken prisoners a great number, amongst whom were Sir John Pennington, and Sir Robert Haring∣ton, Knights, and the Lord Percie sonne to the Earle of Northumberland, whilest he helped his father to his horse, who thereby escaped taking. There was also so great store of spoile gotten, as no man remembred so much to have beene gotten at any battell before. For the English trusting to their number, and the strength of their Armie, together with the opini∣on of their enemies weaknesse, through dissention and variance (as they supposed) had brought with them their best furniture, and richest stuffe, in full assurance of victorie, Wallace of Craiggie being sore wounded in the fight, was carried home, and died within three moneths after. The Earle of Ormond having gotten this honourable victorie, conveyed the chief∣est of the prisoners to Lochmabane, and then repaired to Court, where he was joyfully met, and received of all, with all sort of honour that could be, envie it selfe not daring to open her mouth against him.

The King did highly commend him for this exploit, and exhorted him and the Earle Douglas his brother,

That as their foregoers had often, as they also had done, defended the Estate of Scotland with their labours, and vertue, in most perillous times, and had given large proofe of their valour and courage: That so they would at home accustome themselves to modestie: That they themselves would abstain, and that they would containe their friends from injuries toward the weaker sort: Their pow∣er and puissance, which they had acquired by so many their great deserts, towards their Kings, his Predecessours, and the Countrey, that they would employ it rather in suppressing of robbers and disorderly men, then to make new of giving way to it by connivence. That this only was lacking to their full praise, which if they would adde, they should finde by experience there was nothing more deare unto him then the advance∣ment of the House and Name of Douglas.

To this the Earle Douglas replied (he being the elder brother, and finding that this speech was chief∣ly directed to him) with great submission, and promised to doe as his Ma∣jestie had exhorted them: and so they were dismissed, and returned home to their owne houses with great honour and applause both of Prince and people, to whom they had by this victorie purchased great quietnesse. For neither were the English Borderers able to invade them any more, nor the King of England to send downe a new Army (which faine he would have done) by reason of the civill warre which ensued shortly after at home. So that he chose rather to have peace with Scotland, in regard of the case he was then in, then warre. Wherefore he sent Ambassadours, and ob∣tained a Truce for three yeares, the Scots thinking it no lesse expedient for

them in a case not unlike to his, through intestine dissention, though not o∣pen insurrection against the King. For notwithstanding all this service done to the King and Countrey, the malice of such as were the enemies of the Douglasses was no whit abated, nay, their worth the more it was showne, and the more brightly that it did shine, it did so much the more stirre envie in their ill-willers, whose secret practises still continued, and whose credit in Court seemed still to increase against them. Creighton, who before had beene sent Ambassadour to Charles the seventh of France, for procuring a wife to the King, had concluded a match for him with Mary daughter to Arnold Duke of Gelders, who by her mother (the Duke of Burgundies sister) was come of the Bloud Royall of France, was now returned into Scotland with her in this yeare 1448. This service and her favour increased his credit greatly with the King; which the Earle Douglas perceiving, was nothing pleased with it, but being discontented, obtaining leave of the King, he withdrew himselfe from Court, seeing his errour of having beene contented that Creighton should be imployed in that honou∣rable message, thinking himselfe well rid of him by this his absence; which practice of Court succeedeth sometimes happily (as it did against the Boyds in King James the thirds time, in the very like case) yet it did not so now, but turned to the greater advantage and advancement of his enemie. Creighton was well contented with his retiring, esteeming it his gaine to be so rid of him from the Kings eare and presence.

Whilest they concorded thus in their discord, both willing one thing in so contrary mindes (to wit, the Earle Douglas absence) there fell out an accident that occasioned his longer absence, not from the Court onely, but out of the Countrey also. Richard Colville of Ochiltree was an ene∣my and bare deadly feud to John Auchenlech of Auchenlech, a friend and depender of the Earle Douglas; whom the Earle having sent for to come to him to Douglas Castle for such businesse as he had to do with him, the said Richard having notice of the said Auchenlechs journey, notwithstanding he knew he went toward the Earle, whether stirred up by the Earles ene∣mies at Court, so to put an affront upon him, or leaning to their credit for impunitie, or out of impatience, or presumption, or contempt of the Earle in respect of his withdrawing from Court, not regarding him, or fearing his displeasure or anger, he lay in wait for him by the way, and set upon him with a number of armed men, where, after some small conflict, Au∣chinlech was slaine, and divers of his friends and servants with him. The Earle Douglas having notice hereof, the fact touching him so neerely in the person of his friend and follower, in his service, comming toward him, and sent for by him, he was so incensed therewith, that whether distrust∣ing the ordinary course of justice (as wherein he might be eluded by his e∣nemies then guiders of Court) or impatient of delay, or not accounting it so honourable for him, nor so awefull in example to others, concluding immediately to revenge it, and vowing solemnly he should be avenged before he either eat or dranke, he tooke horse immediately, and with the readiest of his friends rode to the Castle of Ochiltree, forced it, and slew the said Richard Colvill, and all the males within the Castle that were come to the age of men. This opened the mouths of men diversly, ac∣cording

to their diverse humours, some condemning his cruelty, some commending his courage, some saying that he had gone too farre, and done too much; others that he could doe no lesse, that he had just cause, and that he had been ill used, his friend slain, his honour interessed, that such kinde of justice best became him; his enemies at Court tooke hold of it, aggravating it to the King, an insolent fact against law and custome, and however Colvill had deserved it (which they could not deny) yet it was a perillous example, prejudiciall to all order, and to the King, to whom the punishing of such things belonged; So that the King be∣came highly offended therewith.

Hereupon the Earle Douglas, partly to give place to his Princes anger, partly upon some remorse (as all bloud hath ever some touch and sting of Conscience with it:) the next yeare beeing the yeare of Jubilee, hee purchased a license from the King to goe to Rome, pretending he would doe pennance for the said slaughter, (but as his enemies did interpret it) to shew his greatnesse to forraigne Princes and Nations. Before hee tooke his journey, having a care of his house, and being out of hope to have children of his owne (as having been seaven or eight yeare married with∣out children) he procured his second brother James to be received by the King, and confirmed in the Earledome after himselfe. There went with him in company a great number of Noblemen and Gentlemen, such as the Lord Hamiltoun, Gray, Salton, Seaton, Oliphant and Forbesse; also Cal∣der, Urwhart, Cambell, Fraiser, Lawders of Crumartie, Philorth and Basse, Knights, with many other Gentlemen of great account. Hee (went first to Flanders, and from thence by land to Paris, where he was honou∣rably received by the King of France, whom some call Lewis the elea∣venth, but it must needs be Charles the seaventh, who lived till the yeare 1460. some tenne yeares after this Jubilee, which behoved to bee in the yeare 1450. The remembrance of the good service done by his Uncle at Bauge, and his Grandfather at divers times, and at last, for spending his life for him at Vernoile, was not yet worne out of Charles his memory, in regard whereof, and for the place he carried, and the publick League between the Countreyes, he omitted no kind of honour undone to him that was fit for his qualitie and ranke: from thence he tooke his journey towards Rome, which was filled with the expectation of his coming. He had taken from Paris with him his youngest brother George, a young man who was there at Schooles, and of whom there was great expecta∣tion; but he died by the way, to his great griefe, he is said by the manu∣script, to have been nominated Bishop of Dunkell, and that he was to be inaugurated at Rome; Buchannan also saith it, perhaps following the ma∣nuscript: but they both forget that his eldest brother Henry is said by the same manuscript, in the life of their father, to have beene Bishop of Dunkell: and this George died before he was fifteene yeares of age. I take it also to be an oversight in this same Buchannan, that hee saith that this George was destinated to be Earle by the Kings permission, after his brother, who had no children. For it is against reason that hee being youngest of many brethren (worthy men) should have been preferred be∣fore them, while he was but yet a childe at school.

While the Earle was thus in his pilgrimage, his enemies slept not at home, but taking the opportunitie of his absence, did both blame him at the Kings hand by all invention they could devise, and stirred up such of the common people as had received any wrong of any man, to complaine to the King, alledging they had received it by the Earle Douglas friends or servants, and by such wayes moved the King to cause seeke Siminton, then Bailiffe to the Earle in Douglas dale, and to cite and summon him to answer to such crimes as were laid to the Earles charge, for the actions (perhaps) of his dependers and clients, or (at least) for such things as his Lord had neither commanded, neither (happely) heard of. Siminton look∣ing for no equitie at their hands, who moved such a citation, choosed not to come into judgement, suffering things to passe rather for non-com∣peirance, than to compeire, not knowing the state of things, nor how to answer, having neither knowledge of them by himselfe, nor direction, nor information from his Lord. Upon this occasion his enemies laid hold, interpreted this his non-compeirance in the most odious sort, and called it contumacie, and what grievous name they could devise. So they moved the King to send his servants and apprehend him, and would gladly have proceeded with all extremity against him, exclaiming a∣gainst his presumptuous contempt of the King, and telling the King, that his royall authoritie was become a mockerie, and despised by every base fellow: That by his lenitie he did but foster the malapertnesse of the wicked sort: That by impunitie new doores were opened to new mis∣doers: with such other speeches, in the most vehement maner they could, to have dipped the King in bloud, and cut off all hope (as farre as in them lay) of reconcilement betwixt them. But he, not being so farre alienated as yet from Douglas, howbeit the complaints of so many had stirred up some dislike, and taken impression in his minde, was not moved with their speeches in that high nature, but persisted in his opinion to recompence the Complainers in their losses of goods by goods, but not to meddle with any mans bloud: wherefore he caused Siminton to be set at libertie, and commanded him onely to satisfie the Complainers. But hee who could neither answer without information, nor satisfie without direction, humbly besought his Majestie, that since he had not information, and could not answer, being but a servant, and unacquainted with businesse; seeing also he was not Collector of his masters rents, but onely comman∣der of his servants, it would please him to delay the matter till his Lord returned, (whom he expected within few moneths) who (he doubted not) both could and would answer to whatsoever complaint, and satisfie suffi∣ciently at his Princes pleasure whatsoever dammage he should have beene found to doe to any man. This seemed most reasonable, that the Earle himselfe should be heard first, and not condemned unheard, and in his absence; and there could bee no great prejudice in a short delay. Where∣fore the King condescended to it, and yet not withstanding being impor∣tuned by the multitude of new complaints, he sent William Sinclair Earle of Orkney (a near Cousin to the Earle Douglas) being Chancellor for the time, to intromet with his goods and rents in Galloway and Douglas, to sa∣tisfie Complainers therewith: but it was to no purpose, for hee was

eluded, and almost mocked by the tenants. He alledged, and reported to the King, that was done by the instigation of the Earle of Ormond, that he was so frustrate; for the Earle Douglas had committed to him the mannaging of his estate in his absence, and he greatly disdained that Ork∣ney, being so neare of bloud and alliance to them, should have under∣taken that charge. The King irritated herewith, as a contempt of his au∣thoritie, caused Heraulds to be directed (or Pursevants) to summon all of the name of Douglas, and their favourers, to compeire upon a cer∣taine day, and the Earle himselfe within threescore dayes; which being expired, and none compeiring, they were denounced Rebels. Then the King himselfe went with an Army into Galloway, where at his first entrie, having forced their Captaines to retire to their strengths, a small number of his hoast, whilest they followed the Rebels uncircumspect∣ly through strait places, were beaten backe upon the King, not with∣out some disgrace. The king moved with great indignation hereat, went and assaulted their chiefe fortes: And first he tooke the Castle of Loch∣mabane without great trouble or travell; thereafter with great toile and wearying of his men, the Castle of Douglas, which he razed to the ground. He commanded the Farmers, Tenants, and Labourers of the ground, to pay their Meales to his Collectours, untill such time as the complainers were satisfied with their Lords goods.

These things being reported (thus as they were done) to the Earle Douglas while hee was yet at Rome, moved him greatly, and greatly astonished them that were in his company; so that many withdrew them∣selves, fearing what it might turne to; and he, with the few that remained with him, made what haste they could homeward.

As hee came through England, hee was honourably entertained by the King and Queene there: but when hee approached neere to the bor∣bers of Scotland, hee stayed a little time, and sent his brother James before to trie the Kings minde toward him; which when hee found to be placable, hee returned home, was kindely received, and lovingly ad∣monished to put away from him disorderly persons, especially the men of Annandale, who had in his absence committed many outrages and cruelties. This when hee had faithfully promised to performe, hee was not onely received into his former place of favour, but was made also Lieutenant Generall of the whole Kingdome of Scotland. And this was the bitter fruit of his perillous Pilgrimage, that hereby hee loosed the reines to his enemies, and gave them power so farre to prevaile, as to embarke the King in open quarrell against him, even to the casting downe of his Houses, and intrometting with his Revenues. This notwith∣standing was either his wisedome, or the account and respect of his place and person, that the King, who had done him such harme and disgrace, could bee contented so to forget it, receiving him so farre into favour, and advancing him, whatever blame or impu∣tation may bee laid upon him for his journey, which was so rashly taken on, and which had so dangerous a sequell; yet this retreate from that storme cannot but bee commended, and his dex∣teritie (whatever it were) acknowledged to have beene great,

which guided him through such billowes and surges to so peaceable a Port and Haven. And it were to be wished that Writers had set downe by what means this was brought to passe, for the more perfect understand∣ing of the History; but we must beare with this amongst many more de∣fects that are to be found in them.

Now what ever wisedome (though undescribed in the particular) may appeare to bee in this; as much unadvisednesse is evident in that which hee did immediately after, in his journey to England. For without acquainting the King, hee went to the Court of England, and had privie conference with that King and Queene, hee pretended that it was for restitution of some goods taken out of Scotland, and not restored by the Wardens of England: but this cause, the lighter it was, the greater suspition did it move in his owne King, who could not thinke it pro∣bable, that hee being of that place, of that courage, of that nature, would upon such an occasion onely, take such a journey: The true cause is thought to be, that he went to treat of certaine conditions for his assistance to be given to the King of England against his Nobilitie, with whom he was then in hard termes, the warres of the house of Yorke be∣ginning to spring up, which increased afterward so mightily, and prevailed, to the ejecting him out of the Kingdome.

This the Queene of England either foreseeing, or fearing some other such like enterprise against her husband had dealt with the Earle Douglas when he came home through England from Rome the yeare before, to strengthen them by his help, and appointed him to return for performance, and perfecting of all conditions of agreement. But we finde no effect of this agreement and conditions, whether because that conspiracie of the Duke of York was not yet come to maturitie, and so Douglas was not employed, being prevented by death (which fell out shortly after this) or because they were not fully agreed, is uncertaine. Neither is it specified what the conditions were: onely it is conjectured, that they were the same, or such like, as the same King (Henry the sixth) granted afterward to the Earle of Angus in the time of King James the third, which if they were, they were no wayes prejudiciall to the King of Scotland (as shall appeare there) yet being done without his knowledge, it gave occasion either to the naturall jealousie of Princes to think hardly of it, by his owne meere motion, or to his enemies, so to construct it to the King, and stirre him up by their speeches to that suspicion which he enclined to. Of both which he ought to have beene warie, and not to have given such ground to the one, or to the other, by such a journey undertaken without the Kings allowance.

Whether at his returne he acquainted the King with what had past betwixt him and the Kings of England, it is not certaine, and our Wri∣ters seeme to say the contrary, yet in that hee brought letters from the Queene of England to the Queene of Scotland, and shee thereupon in∣terceded for him, it is not improbable that he hath acquainted her (and so the King also) with the truth of the whole businesse: which whether the King did not beleeve, or if his jealousie remained not the lesse, and that hee was not willing there should bee such an accession and increase

of the Earles greatnesse, who (he thought) was greater already then was safe for a King; hee pardoned him the fault at the intercession of the Queene and some Nobles, but he tooke from him the Office of Lieute∣nant, and all other publicke charge, that so he might be made unusefull and unsteadable to the King of England, or at least not so able to aid him, and so he might be frustrate of the conditions so liberally promised unto him from thence. Hee restored also his old enemie Creighton to the Office of Chancellour, and the Earle of Orkney was made Lieutenant. Thus not onely disappointed of his hopes, but disgraced at his Princes hands, both by being himselfe depressed, and his enemies advanced, he was incensed against all the Courtiers, taking all to proceed from their instigation. But more especially his anger was bent against Creighton, both as the ancient enemie of his House, and also as the chief Authour of all this present dis-favour by his surmisings, transported herewith, hee gave way to his passion to carry him to a course somewhat more then civill, which un∣till that time hee had tempered, retaining it with the bridle of equi∣tie, and himselfe within the compasse of the lawes. Now whether al∣together, and onely for these causes foresaid, or if irritated by a new occasion of malicious speeches uttered by Creighton (That the King∣dome of Scotland would never be at rest so long as the house of Douglas was on foot: That in the ruine thereof stood the good of the Realme, and peace of all Estates: That it was necessary a man of so turbulent a nature, so puissant and powerfull by his Kindred and Alliance, whom no benefits could appease, nor honours satiate, should bee cut off, and the publicke peace established by his death,) or if Creighton contrived this speech to make Douglas the more odious, and his owne quarrell seeme the juster against him (for both are written) so it is, that the Earle cau∣sed certaine of his friends and servants lie in wait for him as hee was riding from Edinburgh toward Creighton: but he escaped, being acquaint∣ed with the plot (as some write) well accompanied, and excellently well mounted, but not without being wounded himselfe, and having slaine some of his adversaries in his escape. Others, attribute his escaping not to any foresight or fore-knowledge, but sayeth that hee was as∣sailed in the night at unawares, and being astonished at the first, yet af∣terward recollecting himselfe (for he was a man of good courage) hee slew the formost he met with, and having received some wounds, brake through them, and saved himselfe in Creighton Castle, where he remain∣ed not long; but his wounds being scarce well cured, he conveened his friends, and coming on the sudden to Edinburgh, had almost surprised the Earle Douglas, who was there in quiet manner, and looked for no such thing, but he getting advertisement hereof, did advertise the King that he could no longer endure Creightons hidden malice and practises against his life, and estate, and his now open attempts also: wherefore hee desi∣red to bee excused, th•…•…t hee could no more repair to Court, so long as Creighton was there, and so retired himselfe to his house to remain as a male-content for a season.

In the meane time finding his enemies thus to increase in credit at Court, and with their credit (as commonly it cometh to passe) in num∣ber

and power, hee, to strengthen himselfe also on the other side against them, entered into a new confederacy with the Earles of Crawford, and Rosse, men of greatest puissance and force next the Douglasses, that were in Scotland in their times; or rather he renewed the old friendship that had been betwixt them. For their houses were in old time in great friendship with the houses of Douglas (as hath beene shewed) and the house of Crawford was particularly obliged unto them by divers good Offices, from the dayes of Robert the second: and in this same mans time had been helped against the Ogelbees at Arbroth: as his father also had at the Earle Douglas desire spoyled the Bishop of Saint Andrewes (Kenne∣dies) lands: And besides, this Beatrix Douglas (the Earle Douglas Lady) was daughter to one of the Earles of Crawford, and could not but bee of kinne to this Earle. The summe of their band was, That they should every one assist and defend another, together with their friends and de∣penders, against all men: That they should have the same friends, and the same enemies, with reservation alwayes, and exception of their duety to their Prince. But whether this band was made of new (as some write) or if it were of old continued from hand to hand, and then re∣newed as though it were intended in speciall against Creighton and his partakers, and due exception of the King expressely contained in it, is un∣certain: however, they so possessed the King, that hee interpreted all as done against himselfe. And therefore matters being come to publick Hostilitie betwixt Douglas and Creighton, and the Countrey divided in∣to factions, when the Earle of Crawford and Rosse had sent to Creigh∣ton, and given up all friendship with him as an enemy to their dearest friend, by vertue of the foresaid League; hee acquainted the King there∣with, and with all vehemencie exaggerated the League, as a conspiracy against him and his royall Authority, and that it was very dangerous for him when such great houses, and powerfull men had combined together. The King apprehending it to bee so, having once settled that opinion in his minde, did upon that ground build all his interpretations of the Earle Douglas actions, and framed his owne actions accordingly against him; Neither was Douglas so fortunate, or circumspect, as to avoid the occa∣sions of fostering that opinion in the King: but (as commonly happen∣eth) when ruine is to come on men, all things worke that way, so fared it with him in two facts. The first was on the person of the Lord Harris, who was too hardly used of him, as appeares: The other on the Tutor of Bombee, more justly; yet so, that his carriage in it seemed to confirme that which his enemies alledge against him, that he exercised his authority, and used his priviledges more absolutely then the King had reason to be contented with. The occasion of the first, and the forme thereof was, Sir William Harris of Terreglis having been the Earle Dou∣glas ancient dependar, had now in this frowne of Court, and diversity of factions (whether to please the Court, and because he accounted it jus•…•…lest to follow it, or because indeed he misliked things done by the borderers who followed Douglas) withdrawn himselfe from his dependance; and if he sided not openly with the other party (which hee could nor durst hardly doe, lying so neare to Douglas) yet did hee not follow him as hee

was wont, and so either by a reall enmitie in private, or a kinde of neutra∣lity in publick, had procured the like behaviour of the Earle to him, to behave himselfe as neutrall in his affaires: and as hee had abstracted his dependance and attendance from him, so the other abstracted his Prote∣ction from him. This when the Annandians perceived, they (ready up∣on all such occasions) made a rode, and furrowed his lands: hereof when he complained to the Earle, and had received answer according to the foresaid coldnes betwixt them, he would needs attempt some redresse by his own power; and hereupon assembling a number of his friends, he rode into Annandale to have rendered them the like, and either to recover his owne, or repaire his losses out of their goods. But he was overthrowne by them, and taken prisoner, and so brought to the Earle Douglas, hee esteeming him as his owne servant, and taken within his bounds where his jurisdiction (by regallity or otherwayes) was extended, put him to assise. They of the Jury found him guilty, being taken after hee had seized the goods, (with red hand as they term it) and so being convict of theft, he was condemned, executed, and hanged as a thiefe, and that notwithstanding the Kings earnest request for his life by letter. A piti∣full matter, and greatly to be lamented! and though he had some colour of justice, yet it tasted not so much of justice as of malice; no not of in∣differency (which would be injustice, having eye to the due circumstan∣ces) so much as of partiality, joyned with contempt of the King, and his equall request; and so it was constructed, and gave more just occasi∣ons to his enemies surmising, and the increasing of the Kings indignati∣on, which by yeelding, and remitting a little of his priviledges, and showing respect to the Kings entreaty, he might have mitigated in some measure; and that without any danger he could have incurred by the said Lord Harries enmitie (although he should have been his enemy, and per∣haps he might have regained him to his friendship by remitting the of∣fence.) The other fact which ensued upon this, not so unjust, but made as odious (as carrying the odiousnesse of the other with it) was, Macklalane Tutor of Bombee, the chiefe of that name, and one of the principall hou∣ses in Galloway, falling at odds with a servant of the Earle Douglas had slain him, and was (therefore with his brother who was partaker of the slaughter) apprehended and put in prison in the Trevie, a strong house belonging to the Earle. His friends made means to the Courtiers, and by them to the King; informing him that Douglas carried a spleene against the man, more for being a friend, a favourer and follower of the best side (so they called their owne; then for killing of the man: where∣fore they besought him that he would not suffer a Gentleman of his rank, who was also a good man otherwise (however that had fallen out in his hands) to bee drawne (not to judgement, but) to certain and destinate death, before one, who was both judge and party. By this and such like information (whereby the eares of Princes are deceived, while men go about to withdraw their friends from due punishment) they perswade the King to send for Bombee, and take the triall and judgement of him in his own hands, desiring the Earle Douglas, that if he had any thing against him, he should come and pursue him before the King. Amongst the fur∣therers

of this sute Patrick Gray of Fowls (uncle to the Tutor) was chiefe: he was directed with the Commission, as one that both would be earnest therein, being so neare to the party, and would also bee respected, being some way in kinne to the Earle; Douglas having notice of his Commission, and perceiving thereby they meant no other thing, but to defraud him of justice for killing of his servant (which he thought he could not suffer with his honour) that he might doe what hee had de∣termined the more calmely, and with the lesse offence (as hee thought) he courteously received the said Patrick Gray, and intertained him with diverse purposes, and caused the Tutor in the meane time to be tried by an Assise, and being condemned, to bee quickly conveyed a mile from thence to a place called Carling-work, and there executed. Afterward when Patrick Gray (ignorant of what was done) had delivered his Com∣mission from the King; he answered, he was sory he was come too late, and then told him what was done, and desired him to excuse him to the King. When he heard that, and saw himselfe so deluded, he presently (in a great chafe and rage) renounced all kindred and friendship, and whatsoever band besides might seeme to tie him to the Earle; vowing that from that time forth he should be his deadly enemy in all sort, and by all means he could, which the other little regarding, dismissed him: But however he little regarded it, the French Proverb proveth true, and is worthy to be regarded of all men, That there is no little enemy: for he had the power to be his death afterward with his owne hands, and plot∣ted it by his Counsell, or set it forward, being plotted and devised by others: for being come to the King, and relating the issue and effect of his message, all was by him and the other Courtiers of the faction ag∣gravated in the most haynous sort: That the Kings commandments were contemned, eluded and mocked: That it was likely that the Earle Dou∣glas was King: That doubtlesse he aimed to be so, yea, hee behaved him∣selfe already as such: That that was the meaning of his private con∣ference with the King of England, on that ground he gave licence to slay so many honest men, to spoil and robbe: That innocency now was con∣temned for brutishnesse, faithfulnesse to the King punished for unfaith∣fulnesse; That by the Kings indulgencie the common enemy was become insolent: That it became him once to take upon him his place as King, and do things by authority, and by his power, that then it would appeare who were friends, who were foes. These, and such as these, were the speeches of the Courtiers and interpretations of his actions: such as it pleased them to make, following their humour of faction or judge∣ment.

But they neither considered the equitie that was done in punishing bloud by bloud, nor the authority by which it was done, for hee had au∣thority and sufficient jurisdiction of old granted to him, and given by for∣mer Kings to his Predecessours and their Heires for his service. Neither did they observe what order and formality hee kept in his proceedings, nor his honour interested in the revenging his servants death: Neither what scorne to him it was on the other part, if he had sent the party: ha∣ving thereby his priviledges, infringed, his servant slain, and no satis∣faction

for it, but to bee eluded by a Commission, purchased by his e∣nemies, justice defrauded, and the guiltie pulled out of his hands: and by their credit with the King, procuring him to hinder justice, who should have beene the furtherer of it, onely upon their particular pri∣vate motion, and by their factions, inclining of his Majesty that way. Upon these considerations, what had beene more extraordinarily done, would have beene excused by the same men, in another then Douglas. Now in him (though done orderly) it is thus traduced, aggravated, ex∣aggerated, amplified, and named contempt of the King, and affecting the Crowne.

Such is the misery, when Princes are moved by parties, to command or request things that are unjust, there being perill and inconvenients, either in obeying or refusing their requests, receiving hurt and preju∣dice in their rights, scorne of their adverse party, or denying to offend whom they would fain serve: and happy is that man that can steere a∣right betwixt these rocks! Happy hee who falleth into the hands of such a Prince, as measureth and moderateth his commands according to equitie; or if they bee inique, when it falleth out so (for what Prince may not fall into such weaknesse) who tempereth his passion, and moderateth his minde, in the just refusall thereof, taking it in good part, and accounteth not his authority contemned, when an unjust com∣mand is refused by his Subjects.

Whether it were on the displeasure of this fact, or jealousie concei∣ved of this and other actions of the Douglasses, it is hard to discerne: but so it was, that his enemies making use for their owne ends of the Kings credulous suspition, prevailed so farre, that they perswaded the King to resolve to make him away (and seeing it could not bee done by open force) in any sort it could bee done; whereof when they had ad∣vised of all the meanes they could, this they found to bee the most ex∣pedient way, that hee should bee sent for to Court, by faire promises, and being come, the King should enter into termes of quarrelling: And thereupon they that were appointed for the purpose, should dis∣patch him. So they caused a certain Courtier of their faction, but such an one as was free from all suspition of bearing enmity to the Earle, to ad∣dresse himselfe to a Gentleman, who was Douglasses friend, and to shew him how Creighton was retired to his owne house, and that in his absence it were fit the Earle should take that good occasion, to come and see the King, with whom hee might bee assured to finde favour, if hee would crave it humbly: and this hee told as a great secret, not to bee revealed, but to his Lord, and dealt earnestly with him to follow this advice.

The Gentleman beleeving, went and dealt very earnestly with his Lord, but hee suspecting Creightons craft, and having the murther of his Cousins before his eyes, flatly refused to goe thither, where he had so many enemies, so potent and of so great credit, and some of which (had not long agoe) lien in wait for his life, unlesse hee saw assurance of his life and liberty. Hereupon he was directly sent for to come to Court, with promise of all freedome, and with assurance under the broad Seal: and to

remove all feare & doubt that he could conceive, the Noblemen that were present at Court were moved to send a warrant to him, subscribed with all their hands, and sealed with all their seals, with the greatest oathes and protestations interposed therein that could be; and not onely so, but eve∣ry man wrote his owne particular letter apart, assuring him of the Kings good will; and further promising him, that if it should so fall out, that the King would be so disposed as to breake his faith and promise, and to interprise any thing against his person, life, lands or liberty, they should send him home safe neverthelesse: What could hee seeke more at their hands? Or what could hee devise more? And who would have doubted after such assurances? Yet, that hee might not onely re∣pose upon his enemies credit all his safety, hee accompanieth himselfe for his honour and suretie with as many as might secure him, and keepe him free from being in danger of any private mans forces. So relying (for the Kings part) upon his safe Conduct, and the Nobilities credit interposed therewith, hee cometh to Stirling, where the King was well attended and followed by his friends and servants, but in a peaceable manner; being come into the Kings presence, after some sort of admonition to lead a more peace∣able and orderly life, hee seemed to pardon him what ever was past, and kindely invited him to supper in the Castle: After they had supped cheerfully and merrily together, the King taketh him aside, and leadeth him into an inner roome, where there was none present besides them two and Patrick Gray, of whom wee spake before, how of his friend and Cousin hee was become his enemy, for the execution of the Tutour of Bombee. There the King beginning his speech from the valour and loyall fidelity of his Predecessours, came shortly to his owne indulgencie towards the whole Familie, and towards himselfe in particular. Then sharpely upbraiding him how oft hee had pardoned him, and what insolencies hee had committed: Douglas answered sub∣missively, and craved pardon for what hee had offended against him∣self in any sort; saying, his intention was not against him, but against his enemies: That as for others that would complaine, hee was ready to satisfie them according to justice, and at the Kings owne pleasure: There rests yet one thing (saith the King) the League betwixt you, and the Earle of Crawford and Rosse, I will have you presently to quite it. At that word the Earle was somewhat astonished at the first, yet ga∣thering his spirits again, hee answered, that for him, hee knew no∣thing wherein that League could bee offensive to his Majesty, seeing that all duetie to him was especially reserved. The King replyed, I will have you presently to breake the same. Douglas answered, that if hee would have him to doe so, hee would bee pleased to give him leave to advertise the said Noblemen, and then hee would doe it, other∣wise, hee would bee accounted a faith breaker, if having entered in∣to friendship with them, hee should forsake them, not giving a rea∣son why: And therefore besought him to have patience. The King replied in an angry manner, speaking aloud; If you will not breake it, I will: And with those words, hee stabbed him

in the breast with a dagger. At the same instant Patrick Gray struck him on the head with a Pole-axe. The rest that were attending at the doore, hearing the noise, entered, and fell also upon him; and, to shew their affection to the King, gave him every man his blow after hee was dead.

Thus died he by the hand of the King, but by the practices of his ene∣mies, they being the choise movers, and the king yeelding to their mo∣tions, as if it had been his quarrell, (for so they made it seeme to him) whereas indeed it was but their owne particular; or if his, it was but thus farre his, that he tooke it on him as his, espoused theirs as his owne, and imbarked himselfe therein. A common practice of Courtiers, who have Princes eares; what ever is contrary to their will, is all against the King, is all presumption, is all high treason; whereas indeed they are oft times themselves his greatest enemies, what ever shew of service and affection they make; and they whom they call his enemies farre more heartily affected to him. They make the King alwayes wed their quar∣rells, beare their errours, and the whole hatred and envie of their ene∣mies; and oft times drawes him into great absurdities, besides and con∣trary his owne naturall disposition, to his great disgrace, or diminishing his grace, in the eyes of his Subjects, not without great perill of his life and estate. Happy the Prince that can rightly take up, and rightly dis∣cerne the quarrells which are indeed his owne, from those which others would have him thinke to bee his owne, and so understandeth the dis∣position of his Subjects, that hee account not all that is against his Courtiers, is against him, or all that is done by his Courtiers, is done for him.

These Courtiers had gained this point of the King, and by that mean had brought him to doe that hard fact against this man as his owne ene∣my, as one aspiring to his Crowne; where indeed never any such thing appeared to have been intended by him, or aimed at, but onely revenge against his private enemies. And for the other crimes that his enemies alledged against him; small presumptions, cold conjectures, and no appearance there was of them. But above all this, the greatest pitie is, that they had power to bring such a King to commit such a fact, contra∣ry to his faith and promise, solemnely sworne and sealed by himselfe, and by his nobility, to breake the bonds of all humane society. It is wor∣thy the considering, to see their pretences and arguments set downe by Writers, which they used to move and induce him to consent and yeeld to this strange, and unnaturall fact. A Paradox in truth, though a Maxime in Matchivellisme: one of them is, Necessitie; for they make him beleeve, first that the Earle Douglas did aspire; then, that hee was so powerfull, that there was no other remedy for his aspiring; all they bring, is but weake presumptions: and for his strength and power, hee was strong enough indeed to defend himselfe against his enemies, or an unjust force and violence; but it had beene another matter unjustly to have invaded the Kingdome, for which hee was not so strong, as justice and a just title to a Crowne, which are of great force: and against which, that force, which otherwise and in another case may bee great,

will prove nothing, for God hath given his image of authority with it, which so affects the hearts of men that they cannot but regard it, and this image being imprinted in their hearts is not easily abolished but by very enormous faults, and even scarce by any faults though never so ex∣traordinary. So that it was errour in them to thinke, or craftinesse to perswade that there was no remedy in a just authority to defend it selfe by it selfe, and without forgoing it selfe and becoming injustice, and that in such a hatefull manner. Whereas by the contrary, this their way was not so safe and so certain a mean to defend himselfe, but had almost been the meane to deprive him of what hee would have had men thinke hee preserved by it; that is, his Crowne, for the fact being so vile and base, it not onely moved the friends and followers of the Earle Douglas his house to rebellion, but also incensed the whole common people: for that if his brother who succeeded, had beene as politicke as hee was power∣full, the King might have beene set beside his Throne. And as it was, he was once in a great brangling, and had resolved to quit the Countrey, had it not beene for James Kennedies counsell, who was Bishop of S. An∣drewes; so farre was this fact from establishing his Throne, as they made him beleeve it would doe.

Then for the honesty and lawfulnesse of it, it is to be diligently weigh∣ed: It is lawfull (say they) to catch fraud in the owne craftinesse. And indeed that saying is most true, good and conforme to all wisedome, be∣ing rightly understood, thus: Let fraud worke on fraudfully, untill hee be intangled and intrapped in his owne fraud, and so become guiltie and obnoxious to a lawfull and orderly avengement by justice: but that men to meet fraud, may justly use fraud, and that against all promises, seales, subscriptions, or oathes, to the extremitie of murthering, changing justice into injustice, in the very seat of justice, is not, nor ever was, nor ever can bee justified under any pretext whatsoever; as being that which breaketh the bands of humane society. It is an un∣worthy Kingdome, which cannot otherwise defend it selfe, and it is un∣worthy of a King to stoupe to such unworthy and base wayes: It hath also beene by some pretended elsewhere to cover the foulnesse here∣of, that hereby much bloudshed is eschewed, which would have beene, before such a man could have beene cut off, which I marvell is not al∣ledged here also.

But that is frivoulous amongst the rest, for it is the cause of much more bloud shedding, because it takes away all trust, and so peace, untill the warres end by the destruction of one party, which without trust can∣not end by reconcilement, besides this, they insinuated it unto the King, as a point of want of courage in him, and cowardise, if hee durst not so much as deceive his enemy; whereby they would meane, that it was courage to deceive him: An unhappy dareing to dare to doe wrong, and very far mistaken, and misnamed!

And last of all, they halfe menace to abandon him, and provide for themselves and their own safety, by taking part with Douglas as the stronger partie; whom if the King did not make away, they would follow him, and that there was no other remedy left to them.

Such boldnesse were they come to, thus to threaten their master, and So∣veraign! And such is the weaknesse of that place, where it submitteth it selfe to servants! By these meanes was this good King (farre contrary to his owne nature) drawne on by them who had his eare to this unna∣turall fact, as to that which was most lawfull and flat necessary, yet was neither this pretended necessitie, nor alledged lawfulnesse sufficient to de∣fend it even in the judgement of the doers themselves. And therefore the Courtiers found out another mean to put some faire face, at least some colourable excuse upon it as they thought, for being ashamed of those allegiances, or distrusting that they would bee accepted for just causes of breach of faith, and fearing they should be detested of all men: they gave it out that the slaughter was not committed of set purpose, but that it fell out onely by chance, and that the King had no intention to kill him, till he himselfe by his indiscretion procured it, having irritated the King by his presumptuous answers.

But this is a weake excuse, to commit murther contrary to promise, although hee had answered so: but there is no appearance of it, that it was but a sudden passion, neither was it beleeved in those dayes, as may be seen by the perswasions given him by the Courtiers: which while Writers set downe, they witnesse it was a set draught and fore plotted. For they say plainly also that the Courtiers would have had it appearing that it came by his arrogancy in his carriage and answers, but not that it was so indeed: besides there is a received tradition, that James Hamil∣toun of Cadzow pressing in to follow the Douglas, Liviston being Uncle to James, and knowing the Earle was to die, gave him a blow on the face, and thrust him backe from the gate. James Hamiltoun drew his sword, which the other little regarding, held him off with a long hal∣bert, and made the guard shut the gate against him, was exceeding an∣gry at this affront in the time, but after when hee heard the Earle was killed, hee knew it was done for his safety. Hee had given too much matter for his enemies to worke on by his rash journey into England, and private conference with the King and Queene there: but this had beene forgiven him, as an oversight onely, which the King had (appa∣rently) tried, and found to bee nothing else; hee had beene vehement in the revenge of the murther of his Cousins and servant John Auchin∣leck, but that (though vehement) was not injust, and therefore wee finde him never charged with it as injustice: hee had against equitie ex∣ecuted the Lord Harries, yet hee had done it legally and by forme, and order of Law, whereof the particulars not being perfectly knowne, the judgement is difficult, yet is it not (for any thing wee see) any way to bee excused. The execution of the Tutor of Bombee was very good justice and irreproveable, though it bred him most hatred and ill will at Court. Other particulars are not mentioned. Onely they say that hee bore with theeves to have their assistance: An ill and un∣wise course, and ever pernicious to the users of it, for harming of such as they hate! A farre worse, and unworthy fact, unfit for a gene∣rous minde to companion it selfe with them whom hee should pu∣nish, and to participate of the guiltinesse hee should correct!

But how farre he went in this point is not certain, at least is not special∣ly set downe: and as for the speeches of his enemies reproching them unto him in the hatefullest sort, all must not bee taken for truth they say.

All agree that he was a man of great power, great policy, great perfor∣mance and execution, and greater expectation, in whom the name of Douglas rose to the greatest toppe of height, and with whom it began to fall, which was afterward accomplished in his successour, as shall bee said; he was slain the 13. of February 1452. esteemed to have beene Fastings-Eve, (or Shrove-Tuesday.) after the Romane supputation, or in the yeare 1451. as Major reckoneth it according to the account of Scot∣land. He was Earle the space of nine yeares or thereabout, but left no chil∣dren behinde him. Where he was buried, or what was done with his body, there is no mention made in History.

Me laetho ante diem Chrightonus Rexque dedere, Ille necis causam praebuit esse manum.

By Crighton and my King too soon I die, He gave the blow, Crighton the plot did lay.