ther into Melin; (lb. 284 — 5.) just as Colville was pronounced
Cohen or Colviiie, (lb. 188, 197. Inquis. Gen. num. 7392.)
which in some parts of the country is corrupted still farther



NOTES. 411

into Colin, Tliis variety in the appellation occurs in the ear-
liest charters granted by the family, or in wliich they are men-
tioned. " Galatridus de Ma'dvyn' grants to the church ot"
Duntermlin '' ecclesiam de Mailvyn^'' with, common pasture
"in villa de Mailvyn.'' In another: " Galfridus de Malcvhr
grants " ecclesiam de Malevill ; and in this charter occur the
names of" Willi, de Maleviir and " Grej^orius de Malvill.'*
(Registrum Coenobii de Dunfermline, pp. 516, 519. Bibl. Fac.
Jur. Edin. See also Sibbald's Fife, 392. edit. 1803.)

Note C. p. 7.

Gramtnar ScJiools and Elementary Books,-r—^^ About the fyft
yeir of ray age the grace buik was put in ray hand, and Avhen
I was seivine lytle y'^of haid I lernit at hanie. Therfor my fa-
ther put my eldest and onlie brother Dauid about a yeir and
a haffin age abone me and me togidder to a kinsman and bro-
ther in the ministerie of his to scholl, a guid lerned kynd man
whome for thankfulnes I name, Mr Wilya Gray minister at
Logic Montrose. — There was a guid nomber of gentle and
honest mens berns in the cowntrey about weill treaned vp bathe
in letters godlines and exercise of honest geams. Ther we
learned to reid the catechisme prayers and scripture, to
rehers the catechisme and prayers par ceur also nottes of
scripture efter the reiding y'of. — We lerned ther the Ru-
diments of the Latin Grammair, withe the Vocables in La-
tin and frenche, also dyvers speitches in frenche, w"^ the reid-
ing and right pronunciation of y'^ toung. We proceidit for-
dar to the Etymologic of Lilius and his Syntax, as also a lytle
of the Syntax of Linacer, therew' was ioyned Hunters Nom-
enclatura, the minora Colloquia of Erasmus and sum of the
Eclogs of Virgin and Epist of Horace, also Cicero his epistles
ad Terentiam. he haid a verie guid and protitable form of re-
soluing the authors he teatched grammaticallie bathe accord-
ing to the Etymologic and Syntax, bot as for me the trewthc
was my ingyne and memorie was guid aneuche, bot my iugd-
met and vnderstanding was as yit sn^ored and dark, sa that thej
thing qlk I gat was mair by rat ryme nor knawlage. Ther
also we haid the air guid and fields reasonable fear, and be our



412 NOTES.

maister war teachccl to handle the bow for archerie^ the glub
for goff, the batons for fencing, also to rin, to ieepe, to swoum,
to warsell, to proue pratteiks, everie ane haiffing his matche
and andagonist, bathe in our lessons and play. A happie and
golden tyme indeed gifF our negligence and vnthankfulnes haid
no^ moued God to schortene it, partlie be deceying of the
number qlk caused the maister to weirie, and partlie be a pest
qlk the Lord for sine and contempt of his Gospell send vpon
INIontrose distant from o*^ Logie bot twa myles so y"^ scholl
i^kalled, and we war all send for and brought hame. I was at
that scholl the space of almost fyve yeirs. — Melville's Diary,
pp. L5, 16.

*' Sa I was put to the scholl of Montrose, finding of God's
guid providence my auld mother Mariorie gray, wha parting
from hir brother at his mariage haid takin vpe hous and scholl
for lasses in Montrose, to hir I was welcome again as hir awin
sone. The maister of the scholl a lerned honest kynd man
whom also for thankfulnes I name Mr Andro Miln minister at
sedness. he was verie skilfuU and diligent the first yeir he caus-
it ws go throv/ the Rudiments againe, y'^efter enter and pass
throw the first part of Grammer of Sebastian, y^'w'^ we hard
phormione Terentii, and war exerceisd in composition. Efter y^
entered to the secund part and hard y'^at the Georgics of Wir-
gill and dyvers uther things. — The lard of Done mentioned
befor dwelt oft in the town and of his charitie interteined a
blind man wha haid a singular guid voice, him he causit the
doctor of our scholl teache the wholl Psalmes in miter w"^ the
tones y'^of and sing them in the Kirk, be heiring of whome I
was sa delyted y"^ I lernit manie of the Psalmes and toones y"^-
of in miter, qlk I haifF thought euer sensyne a grait blessing
and comfort." lb. pp. 19, 20.

The following paper contains information as to the elemen-
tary books prepared for the Scottish youth.

*' Ane letter maid to maister W"i Nwdrye his factouris and
assignaris Mackand mentioun. That quhair ye said maister
Will'" hes set furth, foi; ye better instructioun of young chyld-
rene in ye art of grammer, to be taucht in scholis, diuerse vol-



NOTES. 413

umes following That is to say Anc schort Introductloun Ele-
mentar digestit into sevin breve taiblis for y*^ conimodius ex-
peditioun of yame yat ar desirous to read and write the Scottis
toung — Orthoepiatrilinguis, compendiariae latinaj lingua^ notae,
Calographiae index, Tables manuall brevclie introducing y*"
vnioun of y^ partis of orisoun in greik and latene speichis with
thair accidencis, Meditationes in gramaticam dispautorianam,
Meditationes in publium niemographum ct sapicntuni dicta,
Trilinguis literaturae Syntaxis, Trihnguis grainmaticae qua?s
tiones, Ane instructioun for bairnis to be lernit in Scottis and
latene, Ane regement tor educatioun of zoung gentillmen in
literature et> virtuous exercitioun, Ane A. B, C, for scottis men
to reid the frenche toung with ane exhortatioun to y^ noblis
of Scotland to fauour yair aid friendis, The geneologie of Ing-
lische Britonis, Quotidiani Sermonis formulae, E Pub. Terentii
Afri comediis discerpta," — Special licence granted to him for
the sole printing of the above, for the space of ten years, cSrc.
At Edinburgh Aug. 26. 1559. (Register of Privy Seal, Vol.
30. fol. 5.)

Note D. p. 8. .

Ante- Ft e format ion in Scotland. — Notwithstanding the learned
and useful labours of sevefal foreign writers, justice has not
yet been done to the history of, what has been called, the ante-
reformation. Considering the honour which it does to Eng-
land, it is surprising that no individual of that nation has at-
tempted accurately to trace the progress of that light which
was struck out by Wicliffe, and the influence which his opinions
had in exposing established errors, and in exciting and main-
taining a spirit of opposition to the abuses of the church, both
in Britain and on the Continent. Wliat a meagre and uninter*
esting life have we of the English Proto- Reformer, the most
wonderful man of his age, or that had appeared In the world for
many centuries! And, since the meritorious labours of the
martyrologist Fox, what has been done to connect the exertions
of Wicliffe with those of TIndal and Cranmer ? although there is
scarcely a city in England, I am persuaded, whose records.



414 NOTES.

would not furnish an accession to the ample materials for such
a work already deposited in her public libraries.

It is known, from our common histories, that the sentiments
taught by Wicliffe were embraced by many respectable families
in the south-west parts of Scotland. (Knox, Hist. 2. Spots. 60.)
Before the year 1500 Murdoch Nisbet being driven from his
native country, procured a copy of the New Testament in manu-
script (of Wiclifie's translation, no doubt) which on his return he
concealed in a vault, and read to his family and acquaintance
during the night. This was preserved as a legacy in his family
till the end of the seventeenth century. (Life of John Nisbet
in Hardhill, p. 3.) Gordon of Earlston was an early favourer of
the disciples of Wicliffe, and had in his possession a copy of the
New Testament in the vulgar language, which was read at
meetings held in a wood near to Earlston house. (Wodrow,
ii. 67.) Some additional particulars respecting these witnesses
for truth are contained in a rare poem, by John Davidson t
A Memorial of Robert Campbell of Kinyeancleugh and his
wife, Elizabeth Campbell. (Edin. 1595.)

But to be plainer Is no skaith.

Of surname they were Campbell^s baith:

Of ancient blood of the Cuntrie

They were baith of Genealogie :

He of the Shirefs house of Air

Long noble famous and preclair :

Scho of a gude and godly stock

Came of the old house of Cesnok :

Quhais Lard of many yeares bygane,

Professed Christs religion plaine :

Yea eighty yeares sensyne and mare.

As I heard aged men declare :

And als a cunning Scottish Clark,

Called Alisius in a wark

Written to James the fifth our king,

Dois this man for his purpose bring ;

Quha being to the scaffold led



NOTES, 415

In Edinburgh to have thold dead,

For Christs Evangell quhilk he red,

By James the fourth from death was fred :

Some sayes death was alswel prepard

For Priest and Lady as the Lard :

This story I could not passe by,

Being so well worth memory :

Whereby most clearlie we may see,

How that the Papists loudly lie :

Who our Religion so oft cald

A faith but of fiftie yeare aid :

Wlien euen in Scotland we may see

It hes bene mair than thrise fiftie :

As by the storie ye may knaw

Of Reshby burnt before Paul Craw

The thousand yeare four hundrethe five,

In Perth, while Husse was yet aliue.

A Memorial, &c. sig. a 6.

Spotswood says, that John Resby, an Englislmian, was
** de schola Wicliffi." Petrie, by mistake, says he was " burnt
at Glascow" (Hist. 557.) Paul Craw, burnt at St Andrews
in the year 1432, was a native of Bohemia. (Spots. 56.) At
a Congregation of the University of St Andrews, held on the
tenth day of June 1416, it was enacted that all who commenced
masters of arts should swear, among other things, that they
would resist all adherents of the sect of Lollards. ^' Item
Jurabitis quod ecclesiam defendetis contra insultum lollardorum,
et quibuscunque eorum secte adherentibus pro posse vestro
resistetis." (Rec. of University.)

Some interesting particulars respecting the early state of
the reformation in Fifeshire, are given in the second edition of
the Biographia Britannica from a MS. in the possession of the
family to whose ancestor they relate. John Andrew Duncan,
a son of the laird of Airdrie, in Fife, was induced by youth-
ful ardour to leave the University of St Andrews in 1513,
along with some of his fellow^tudent.s, and having joined the



416 NOTES.

standard of James IV. at the head of a few of his father's
tenants, was taken prisoner at the battle of Flowden. Being
a young man of gallant appearance, he was treated with in-
dulgence by the Earl of Surrey, and wlien carried into York-
shire was suffered to reside at large in the town of Beverly
with Mr Alexander Burnet, a near relation of his mother. Mr
Burnet, who was a zealous Wicliffite, found his young kinsman
eagerly disposed to imbibe his principles. An uncommon
spirit of enquiry, with a passion for exposing to contempt every
abuse of reason and religion, had already distinguished young
Duncan at St Andrews. His conversation with Mr Burnet
raised, to a degree of enthusiasm, the aversion he had before
conceived against the absurdities and anti-christian tenets of
Home. Upon the termination of the short contest with Eng-
land he returned to his native country ; but, having joined the
party that opposed the regency of the Duke of Albany, he was
soon obliged to return to Beverly. His excellent friend reproved
him for abetting factions in which neither the religion nor liber-
ties of his country had any great concern ; and having exacted
from him a promise that he would reserve his activity for a bet-
ter cause, gave him his daughter in marriage. When Albany
took his final departure into France, Duncan returned to
Scotland, and passed about ten years in the enjoyment of do-
mestic tranquillity at Airdrie, and in literary intercourse with
the members of the neighbouring University of St Andrews.
The opinions and spirit of the reformers were now more openly
avowed, and the house of Airdrie became occasionally the
resort of all the chief maintainers of the new doctrines. This
led him into a particular intimacy with Patrick Hamilton,
the protomartyr of the Reformation in Scotland, who was in-
siduously drawn into disputes at St Andrews by the artifices of
Beaton, and in 1527 fell a sacrifice to the nwhce and bigotry of
his persecutors. The young Laird of Ardrie, who suspected the
event, and had been threatened himself, armed and mounted
about a score of his tenants and servants, intending to have
entered St Andrews by night, most probably with the view of



NOTES. 417

attempting to rescue his friend, and to carry him off to some
place of safety. But his small party was surrounded, and him-
self apprehended by a troop of horsemen, commanded by
Patrick Duncanson, a gentleman of Angus, wlio had married
his sister. It is doubtful whether his captor engaged in this
enterprise from a desire to preserve his life, or to obtain his
property, which Duncan, being forced to leave the country,
made over to his sister's children. (Biog. Brit. v. 492.)

It is stated in the Biograj)hia, upon the authority of the MS.
history of the family, that Mark Duncan, doctor of medicine
and professor of philosophy at Sanmur in the beginning of the
17th century, was the grandson of John Andrew Duncan, and
was born in England. But the truth is, that this learned man
was a native of Scotland. This appears from the verses of his
son, Mark, (known in France as a wit and a soldier by the
name of De CerisantesJ prefixed to a work of his father's.
(Marci Duncani Institut. Logicae, edit. 3. Salm. 1643.)

Ecce Caledoniis Dvncanvs natus iu oris.
And again, addressing the book,

Scotia cumprimis pernice adeunda volatu,
Namque patrem tellus edidit ilia tuum.

If any other proof of this fact be wanting, it is supplied by the
following document. " Carolus, Szc. Certum facimus et testa-
mur prenominatum Marcum Duncanum legitimum ex legitimo
matrimonio et generosis parentibus, oriundum esse, splendi-
disque familiis tarn a paterno quam a materno genere descen-
disse, patre scilicet generoso viro Thomae Duncano de Max-
pofle infra Vicecomitatum nrum de Roxburgh, avo etiam ge-
neroso viro Joanne Duncano de Logic infra Vicecomitatum
nfum de Perth," &c. &c, (Litera Prosapiae Marci Duncani
Medicinae Doctoris in inclyta civitate Salmuriensis in Gallia,
Oct. 5. 1639. MSS. Diplom. in Bibl. Jurid. Edin. W. 6. 26. p.
23.) A letter from Mark Duncan (A Saumure le 14 d'Aoust
1639) requesting this attestation of his pedigree, and another
from his son, Fr. Duncan Sainte Helene, are preserved among
the Scotstarvet Papers. (Ibid. A. 3. 19. Nos. 82, 87.)
VOL. I. D d



418 NOTES.

Note E. p. 12.

Of Melville s academical education. — The foUowinfr is the
matriculation list for the year in which he entered the univer-
sity.

Decimus Rectoratus Mgri Joannis Douglasii, praepositi Novi
Collegii Mariani 1559.

Nola Incorporatorum sub eodem Anno suprascripto, scilicet
1559.
In Novo Collegio Mariano In Collegio Leonardino

Tliomas Maytlande Joannes Gordoun

Jacobus Lundie David Leirmonth

Robertus Lundie Robertus Leirmonth

Michael Wemis Valterus Heclyng

Joannes Ramsay Gulielmus Collace

Andreas Mailuile Andreas Symsone

Joannes Moncur Archibaldus Hoige

Jacobus Lowsone Gulielmus Braidfute

Jacobus Hamyltoun Thomas Beggart

Duncanus Skeyne Archibaldus Bankheid

Jacobus Fullartoun David Houesone

Johannes RouU.

" None (says Dr Lee) are mentioned as having entered St
Salvator's College this year, but in 1560 there are more in that
seminary than in both the others ; or, to speak more correctly,
in 1560 there are seven in St Mary's, /owr in St Leonards,
and seventeen in St Salvator's. — There is a red line under Ja-
cobus Lowsone. I have reason to believe that this was drawn
by the pen of Andrew Melville, as there are some marginal
notes throughout the volume, which appear to me to be in his
hand writing, all in red ink. Similiar lines are drawn under
such names as Robertus Kilpont, Johannes Rove, and Johannes
Robertsoun, in 154-5."

That Melville took his degrees at St Andrews is attested by
his nephew. (Diary, p. 33.) This is not authenticated by the
records of the university, which are defective at this period. In
l''5G2 there are only y?ve bachelors, and in 1563 eight masters
of arts. In 1564' there is no list of either bachelors or masters.



NOTES. 419

Note F. p. 28.

Civil Law prohibited to be taught in the University of Paris.
— The author of " Melanges tires d'une grande BibHotheque"
(toni. ix, pp. 24<5 — 6. a Paris, 1780.) says, that Roman Law
was taught in the University of Paris from the first discovery
of the Pandects, and that Budaius was appointed professor of
it in the Royal College by Francis I. I suspect that Budseus
never held that situation. It is true, that occasional lectures
on this science were delivered at Paris. {See above p. 28.)
But these were of an extraordinary kind, similar to '• shag-
ling lectures" in England, (Wood's Athenae, by Bliss,
vol. i. col. 43.) which were read by individuals who obtain-
ed a dispensation to this purpose, in consequence of the ce-
lebrity which they had obtained in their profession. The writ-
er above referred to endeavours to explain away the pro-
hibition of Honorius III., by alleging that it refers only to
ecclesiastics ; but it is sufficient to read the papal decree to
be satisfied that it does not admit of such an interpretation.
It proceeded not only on the ground of the University
of Paris being properly a seminary of theology, but also
upon the assumed fact that causes were not decided in
that part of France upon the principles of Roman Law.
(Bulaeus, Hist. Univ. Paris, torn iii. 96.) In 1562, a re-
quest was presented, in behalf of certain students driven
by the civil war from the other French universities, that
the doctors of canon law should read lectures on civil law.
But it was not granted. In 156s a permission of this kind was
granted, on the powerful consideration that young men were in
danger of imbibing heretical opinions at the other seminaries ;
but in 1572 the universities of Orleans, Poitiers, &c. obtained
a decree prohibiting the Canonists of Paris from granting
licences to Advocates. This decree, though superseded for
some time, was finally confirmed in 1579. (lb. tom. vi. pp.
552, 658, 662, 727.) The author of Melanges (ut sup. p. 248.)
insists, but without good reason, that the ordonnance of
Blois in 1579 merely prohibited the taking of a degree in
civil law, without, at the same time, graduating in canon law,

D d 2



4f20 NOTES.

Tlie following facts and illustrations, for which I am indebted
to Dr David Irving, will set the matter in a clearer light.

in the year 1220, Pope Honorius the third strictly pro-
hibited the civil law from being taught in Paris, or any place
adjacent. " Sane licet sancta ecclesia legum secularium Hon
respuat famulatum, quae aequitatis et justitias vestigia imitantur:
quia tamen in Francia et nonnullis provlnciis laici Romanoriim
imperatorum legibus non utuntur, et occurrunt raro ecclesias-
ticae causae tales, quae non possint statutis canonicis expediri ;
ut plenius sacrae paginae insistatur : firmiter interdicimus, et
districtius inhibemus, ne Parisiis, vel civitatibus, seu aliis locis
vicinis quisquam docere vel audire jus civile praesumat." (De-
cret. Gregor. ix. lib. v. tit. xxxiii. § 28.) The spirit of this
law is sufficiently explained in an ordonnance of Philippe le
Bel, issued in the year 1312. " Ut autem liberius ibidem stu-
dium proficeret theologiae, primogenitores nostri non permis-
erunt legum saecularium, seu juris civilis, studium ibidem in-
stitui, quittimo id etiam interdici, sub excommunicationis poena
per sedem apostolicam procurarunt." (Terrasson, Hist, de la
Jurisprudence Romai?ie, p, 442.)

That the same prohibition continued in force during the
sixteenth century, is clearly evinced by an anecdote of the
great civilian Cujacius. The civil w^ars having obliged him to
relinquish his station in the university of Bourges, he retired
to Paris ; where he could not be permitted to read lectures on
the civil law without a special dispensation. By an arrest of
the parliament of Paris, dated on the second of April 1576, he
was authorised to teach in the university, and, in conjunction
with the professors of the canon law, to confer degrees in his
own faculty. " Ladite Cour, attendu la qualite du terns, et
sans tirer a consequence, a permis et permet audit Cujas faire
lectures et profession en droit civil en I'universite de Paris,
a tels jours et heures qu'il sera par lui avise, avec les docteurs-
regens en droit canon en cette ville : permettant audit Cujas
et docteurs donner les degres a ceux qu'ils trouveront avoir
fait cours le tems requis, et selon que par Texamen ils les
auront trouves capables : validant ce ([ui aura ete fait en cette
part, comme si fait avoit ete en I'une des autres universitesj



NOTES. 421

fcimeuses de cTe royaume.' This arrest may be found at the
end of Terrasson's History of the Koman Jurisprudence.

The prohibition of teaching the civil law at Paris was soon
afterwards renewed by the ordonnance of Blois, issued in the
year 1579 ; and it was only removed by an edict which thc'
parliament registered on the eighth of May 1679.

Note G. pp. 39, 40.

Of Henrij Scrimger. — It has been stated by different writers
that this learned man was allied to the ancient and lionourable
house of Diddup. His genealogy may be more exactly traced
from the Diary of James Melville. That writer, in speaking of
Scrimger, calls him " my earn" (Diary, p. 35.) The word ea7n
or erne (from the French amie, a friend or relation,) had then
the appropriated meaning of uncle. Thus, Alexander Erskine
of Gogar, Master of Mar, is called erne to the Earl of Mar,
and in the same document he is called his uncle. (Act. Pari.
Scot. iii. 158, 159. comp. 101, 102.) Again, James Melville
calls Alexander Young " my cousing" (lb. p. 26.) and we
know that Young's mother was a sister of Henry Scrimger's,
(See above, p. 52.) Now James Melville's mother was " Isa-
bell Scrymgeour, sister to the laird of Glaswell for the time."
(Diary, p. 14.) It is proper, however, to state, that the only
ground which I have for saying that Walter was the name of
the father of Henry Scrimger, is the following. " Oct. 1. 1549.
Jacobus Scrymgeor haeres Walteri Scrymgeor de Glaswell pa-
tris." (Inquis. Spec. Retorn. Perth, num. 8. comp. num. 40.)

Scrimger distinguished himself at the University of St An-
drews. In the register of graduations for the year 1534, after
"Rotulus graciosus," containing the names of three who obtain-
ed the degree of master " propter importunas supplicationes,"
there follows : " Rotulus istorum sequeciu rigorosus secundum
rigorem examinis et meritorum. Hen. Scrimgeo' pus ;" in-
timating that he was placed at the head of the list, not ia
virtue of his rank, but in consequence of his having submitted
to a strict examination. In 1533, when he passed bachelor,
he is marked d. or dives, and of St Salvator's college.

^t appears from his preface to the Greek text pf Justinian's



422 NOTES.

Novells, that Scrimger intended to publish a Latin version of
that work, as well as annotations. His edition is mentioned
with commendation by several civilians. Cujas says : "In
postrema editione Novellarum, qiiam Henricus Scrimgerus vir
doctissimus hoc anno procuravit, qua re equidem pro mea parte
ei multum me deberi confiteor." (Cujacii Observ. p. 170.)

The only other work which he appears to have published,
was a narrative of the case of Spira. It was printed along
with the narratives of the same case, written by Petrus Paulus
Vergerius, Matthaeus Gribaldus, and Sigismundus Gelous, un-
der the following title ; " Francisci Spierae, qui quod suscep-
tam semel Euagelice ueritatis professione abnegasset, dam-
nassetq ; in horrenda incidit desperationem, Historia, A quatu-
or sunimis uiris, summa fide conscripta cum clariss : uirorum
Prefationibus, Caelii 8. C. & Jo- Caluini, & Petri Pauli Ver-
gerii Apologia : in quibus nmlta hoc tempore scitu digna
grauissime tractantur. Accessit quoq ; Martini Borrhai, de
usu quem Spierae tum exempluni, tum doctrina efferat, indici-
um. 2 Petri 2. Satius fuisset eis non cognouisse uiam iustitiae,"
&c. 12° p. 200, including Index, besides seven leaves at be-
ginning : A to M in eights. It has neither name of printer,
place, nor date, but was probably printed at Basil in 1550 or
1551. At p. 62, Scrimger's narrative commences: " Exemplum
memorabile desperationis in Francisca Spira propter abiura-
tam fidei confessionem Henrico Scoto autore." Extends to
end of p. 95. It begins : " Citadella est agri Patauini muni-