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he and others of the protestant nobility made to the Queen Re-
gent, that she would please to concur by her authority in reform-
ing of the churcl).

But the Queen peremptorily refusing not only to comply with
their supplications, but having also violated some articles of paci-
fication, she had very solemnly entered into with the protestant
lords, of which the prior of St. Andrew's himself stood guarantee;
he thereupon kft her, and joined himself with the lords of the
congregation, :is they were called; whereupon the prior, the Lord
James, was summoned before the council; but he did not think
fit to answer the charge otherwise, than to return this answer to
the messenger, " That her Majesty had broken the conditions
with the lords of the congregation, which, by warrant from her-
self, he had made and entered into with them; he would have no
more meddling in such dishonest courses, and would do the best
to repair things he could." This answer gave occasion to the
Queen to signify to the prior, " that she suspected that religion
was the least thing he or his party had in their thoughts; and
that she did not doubt, but that under the covert and pretext of
religion, he intended to make an attempt upon the crown. The
prior in the mean time disowned the charge, and thought himself
obliged, for his further vindication, to make a very solemn protests^
tion, that he had no other view or design in what he had done, than
the advancement of the true reformed religion, and the preserva-
tion of the liberties of his country, which he could not but bewail
he saw so signally invaded by her, at least by those who pretended
to act by, and derive their authority from her; after which he
was so hearty a promoter of the reformation, that he became the
head of the protestant party.

When Queen Mary became a widow by the death of King
Francis IL the prior of St. Andrew's was sent by the protestant
nobility, to invite the Queen home ; and soon after her arrival,
her Mijesty having named a new privy-council, the Lord James,

c Charta in Pub, Arch.



404 PEERAGE OF ENGLAND.

her brother, was appointed one of the number, and not long after
he was sent with a commission of lieutenantcy to the borders, to
suppress an insurrection that was threatened in those parts ; and
he discharged the trust reposed in him with such courage and
hdelity, that upon his return the Queen was graciously pleased to
bestow upon her brother the Earldom of Mar, then in the <irown ;
but the Lord Erskine being found to have right to the Earldom of ,
Mar, that lord was by way of justice restored to that honour, in
lieu whereof the Prior of St. Andrew's was made Earl of Murray,
February 10th, 1562.^

After this the Earl continued in the greatest favour with the
Queen, without any interruption, till in the year 1565 her Ma-
jesty declaring her resolution to marry the Lord Darnley, my
Lord Murray and many others opposed the match^ upon pre-
text of the danger that might arise to religion and to the state by
that union, forasmuch as it had not been practised at any time, to
impose a king upon the nation without the advice and consent of
parliament; and in order to put a more effectual stop thereto,
they made, says Sir James Melvil, an essay to take the Lord
Darnley in the Queen's company at the Raid of Baith, and, as they
alleged, to have sent him to England : but failing in their en-
terprise, they were so closely pursued by the Queen's troops, that
they thought it the safest course for them to flee to England,
where they met but with a very cold reception from Queen Eliza-
beth, though she had very much encouraged them underhand to
enter into those measures, to disturb the peace and tranquillity of
Scotland, and to sully the glory of Queen Mary's reign.

After the Queen's marriage with the Lord Darnley, a parlia-
ment was called, before which the Earl of Murray and his asso-
ciates were summoned to answer a charge of high treason, which
was prepared against themj and the Earl would have undoubtedly
been denounced rebel, and forfeited, had not the murder of David
Rizio prevented it, which happened three days before the sitting
down of the parliament. At the day appointed the Earl of Murray J
returned home, and went straight to the parliament house, and 1
took instruments that he was ready to answer the summons of ^
treason ; but such was the confusion of affairs, that no evidence
came against him, and the Queen believing him innocent of
Rizio's murder, was pleased to .give him a gracious pardon, restore
him to her wonted favour, and to place an unsuspected confidence

•i Charta in Pub. Arch.



LORD STUART. 403

ill him; but the broils of tlie country still increasing more and
more^ especially after the murder of the Lord Darnley, he ob-
tained the Queen's leave to travel, which he did, first into Eng-
land, and thence into France, where he remained till the Queen
had made a resignation of the government, and the Prince, King
JamesAT, her son, set upon the throne, when he was called home
to be Regent to the young King ; to which office he was chosen
by those of the nobility who adhered to the Prince in his absence,
on August 22d, 156/. In December after he called a parliament,
wherein the Pope's authority was abolished, and the true pro-
testant religion received a new sanction ; after having settled the
government, and seeming secure in it, he was, on January 23d,
l.'vO, unexpectedly, as he was riding through the street of Lin-
lithgow, far from apprehending any danger, shot from a window
with a musket, in the lower part of his belly, by James Hamilton,
of Bothwel-haugh, in revenge of a private injury the Regent had
done him, and in the instant falling from his horse, died the same
evening. Few days after his body was removed to Edinburgh,
and with great funeral solemnity interred in St. Giles's church,
where a monument was erected over his grave, with this inscrip-
tion upon it :

Pietas sine Vindice luget :

Jus exarmatum est.

23 Januarii, 1570.

Jacobo Stewarto,

Moravise Comiti,

Scotia Proregi,

Viro, yEtatis suae longe optimo, ab Inimicis oranis

Memoriae deterrimis, ex insidiis extincto, ceu Patri

communi, Patria racerens posuit.

As to the Regents character, Mr. Buchanan, his old tutor and
faithful friend, draws a very fair and bright one of him j and some
later writers, whose pens perhaps have been directed as much by
malice as truth, have endeavoured to give the world a very ill im-
pression of him; and I observe, that generally men pass their
judgments upon him according to the party they are of; for these
reasons I shall not take his character from any party writer, either
of the one or the other side. And therefore shall rather choose
to recite that given by Bishop Spotiswood, than add any of my
own. " His death," says that reverend author^ "■ was by all men



405 PEERAGE OF ENGLAND.

greatly lamented, especially by the commons, who loved him as
their father, whilst he lived, and novi^ mourned grievously at his
dratl) : the great things he had wrought in his life (having in the
space of one year and little more, quieted the state which he
found broken and di ordered) made his very enemies speak of him
with praise and conmiendation : above all his virtues, which were
not a few, he shined in piety toward God, ordering himself and
his family in such sort, as it did more resemble a church thin a
court J for theri^in, besides the exercise of devotion, M'bich he
never omitted; tl)ere was no wickedness to be seen, nay not an un-
seemly wanton word to be heard, a man truly good, and worthy
to be ranked amon^^ the best governors that this kin2:dom hath en-
joyed; and therefore to this day is honoured v^ith the title of.
The Good Regent."

So far this account is taken from Crauford. I shall now
transcribe, from the first volume of Robertsoifs HUlory, the in-
teresting account of the dismal close of his miserable days.

" Hamilton, of Bothwellhaugh, was the person who murdered
the Regent, Jan. 23, 15/0. He had been condemned lo death soon
after the battle of Langside, and owed his life lo the Regent's cle-
mency. But part of his estate had been bestovved upon one of the
Rerent's favourites, who seized his house and turned out his wife
naked, in a cold night, into the open fields, where, before next
morning, she became furiously mad. This injury made a deeper
impression on him, than the benefit he had received, and at that mo-
ment he vowed to be revenged upon the Regent. Party rage strength-
ened and inflamed his private resentment. His kinsm.en, the Ha-
miltons, applauded theenterprize. The maxims of that age justified
the most desperate course he could take to obtain vengeance. He
followed the Regent for some time, and watched for an opportu-
nity to strike the blow. He resolved at last to wait till his enemy
should arrive at Linlithgow, through which he was to pass in his
way from Stirling to Edinburgh. He took his stand in a wooden ■
gallery, which had a window towards the street ; spread a feather
bed on the floor, to hinder the noise of his feet from being heard ;
hung up a black cloth behind him, that his shadow might not be
observed from without; and, after all this prepal-ation, calmly
expected the Regent's approach, who had lodged during the night
in a house not fqr distant. Some indistinct information of the
danger that threatened him, had been conveyed to the Regent,
and he paid so much regard to it, that he resolved to return by the
gan-e gate through which he had entered, and to fetch a compass



LORD STUART. 407

round the town ; but as the crowd about the gate was great, and
he himself unacquainted with fear, he proceeded directly along
the street; and the throng of the people oblifjing him to move
very slowly, gave the assassin time to take so tree an aim, that he
shot him, with a single bullet, through the lower part of his
belly, and killed the horse of a gentlem.in who rode on his other
side. His followers instantly endeavoured to break into the house
whence the blow had coniv-, but they found the door strongly
barricaded; and before it could be forced open, Hamilton had
mounted a fleet horse, which stood ready for him at a back pas-
sage, and was got far beyond their reach. The Regent died the
same night of his wound.

" There is no person in that age, about whom histoiians have been
more divided, or whose character has been drawn with such op-
posite colours. Personal intrepidity, military skill, sagacity and
vigour in the administration of civil affjirs, are virtues, which even
his enemies allow him to have possessed, in an eminent degree. His
moral qualities are more dubious, and ought neither to be ])raised,
nor censured, without great reserve, and many distinctions. In a
fierce age he was capable of using victory with humanity, and of
treating the vanquished with moderation. A patron of learning,
which, among martial noble?, was either unknown or despised ;
zealous for religion, to a degree, which distinguished him, even
at a time, when professions of that kind were not uncommon,
his confidence in his friends was extreme, and inferior only to his
liberality towards them, which knew no bounds. A disinterested
passion for the liberty of his country, prompted him to oppose
the pernicious system, which the Princes of Lorrain had obliged
the Queen-mother to pursue. On Mary's return to Scotland, he
served her with a zeal and affection, to which he sacrificed the
friendship of those, who were most attached to his person. But,
on the other hand, his ambition was immoderate ; and events
happened, that opened to him vast prospects, which allured his
enterprising genius, and led him to actions, inconsistent with the
duty of a subject. His treatment of the Queen, to whose bounty
he was so much indebted, was unbrotherly and ungrateful. The
dependance on Elizabeth, under which he brought Scotland, was
disgraceful to the nation. He deceived and betrayed Norfolk,
with a baseness unworthy of a man of honour. His elevation to
such unexpected dignity, inspired him with new passions, with
haughtiness and reserve ; and instead of his natural manner, which
was blunt and open, he affected the arts of dissimulation and re~



408 PEERAGE OF ENGLAND.

finement. Fond, towards the end of his life, of flattery, and im-
patient of advice, his creatures, by soothing his vanity, led him
astra}', while his ancient friends stood at a distance, and predicted
his approaching fall. But, amidst the turbulence and confusion
of that factious period, he dispensed justice with so much impar-
tiality, he repressed the licentious borderers with so much courage,
and established such uncommon order and tranquillity in the
country, that his administration was extremely popular, and he
was long and aftectionately remembered among the commons by
the name of The good regent."

The Regent married Agnes, daughter of William Earl Maris-
chal, by whom he had two daughters,

Margaret, Countess of Murray, the heir of his honour and
estate j and,

Mary, married to Francis Earl of Errol.

"Which Margaret, Countess of Murray, was married to

James Stuart, LordDown, who in right of his wife, became
third Earl of Murray. ^

« King Robert 11- by Elizabeth More, his wife, had several sons, of
whom Robert Stewart, Eail of Fife and Menteath, was their third legitimate
son. He was a man of high accomplishments, equally qualified for the cabinet
or field, and on this account the King, his father, being aged and infirm,
made this his son, governor of Scotland in his own life time ; and his elder
brother King Robert III. after his accession to the crown, being likewise
valetudinary, thought fit to continue him in the regency, and dignified him
with the title of DuLe of Albany in 1399. Upon the death of King Robert
III. his son King James I. being prisoner in England, the Duke of Albany, of
right, became governor of the kingdom for his nephew, in which office he
continued until his decease- He commanded the Scottish army in several en-
gagements against the English, and always behaved vi'ith such courage and
conduct as generally enabled him to come ofFvictorious, though often inferior
in number to the enemy. Having diL^chargcd his trust in all these high de-
partments with wisdom, prudence and integrity ; he died September 3d, 1419,
universally lainented.

By his first wife Margaret, grandchild and sole heir to Alan, Earl of Men-
teith, by which marriage he acquired that honour and a large estate, he had
several daughters, and a son,

Murdoch, secoid Duh of Albany, who succeeded to his fatlier's estates,
and also to the government of the kindom. * In 1424, he had the sole merit
of restoring King James I. to the crown, who had been detained, from his
infancy, during eighteen years, in the court of England, by King Henry. V.f



* Chronicon Scotise, in the I.awyer's Library in Edinburgh, ad ann 1399.
Life of Robert, Duke of Albany, Regent, in the lives of the officers of the
crown and st.tte, by Geo Crawford, Esq. p. 301, and Douglas, p. i5.
■i Rymer's Fcedera, ad anno 1424.



LORD STUART. 409

This Earl was a person of great parts, magnanimity, and
courage, and wanted nothing but age and experience to have ren-
dered him a most accomplished nobleman.



and yet by the wicked means of his half uncle, Walter Stewart Earl of Athol,
Duke Murdoch, wiih two of his sons, suffered death (in 14^5, when his es-
tates and titles were forfeited to the state) on a false accusation, as was gene-
rally thought, of aspiring to the crown, their standing in a degree nearer the
succession than Walter, exciting them, as was believed. He married Isabel,
daughter and heir to Duncan, Earl of Lennox, and by her had two daughters,
the elder married to Archibald Campbell, of Lochow ; and Lady Isabel the
younger, married to Sir Walter Buchanan of that ilk. He had also four
sons, viz.

First, Robert, who died without issue before his father.

Second, Sir Walter; and, third, Sir Alexander, who shared their father's
fate; and.

Fourth, Sir James Stewart, who on the unfortunate reverse of his father's
fortune, and the consequent deprivation of his estates and honours, fled to
Ireland, where he spent the rest of his days, and died in 1449 * By a daugh-
ter of the hoifse of Macdonnell, t he had seven sons, viz. first, Andrew ; se-
cond. Sir Murdoch, who died without issue ; third, Arthur; fourth, Robert •
fifth, Alexander ; sixth, Walter, of "whom hereafter; and, seventh, James Beg
ancestor to the Stewarts of Baldoran. J

Sir Andrew, the eldest son, (created Lord Evandale,)]^?^^^ oi ntdix
afRnity to the serene house of Stewart, King James II. commiserating his
condition with that of his brother Walter, was pleased to recall them from
Ireland, also to promote Sir Andrew to be first lord of his bedchamber, and
warden of the west marches towards England ; wlio in 14^6 vv?is created a peer,
by the title oi Lord Ev^uidale ; and his Lordship was nominated first guardian
of King James III- during his long minority, and was appointed to preside
over all aflairs, foreign, and domestic. ^ He was afterwards sent by King
James to the court of Denmark, to demand iVIargaret, daughter of that King,
for his master in marriage, which embassy he concluded || He was also ap.
pointed Lord Chanceller of Scotland, which high office he held till 1488, when



* So says the pedigree; but Douglas, in the Peerage of Scotland, p, ijoi,
says, that on his father's imprisonment he came down from the Highlands
with a considerable party, burnt the town of Dunbarton, killed Sir John
Stewart of Dundonald, governor of the castle, with many others, for which he
was obliged to fly to Ireland, where he died in 145 1.

+ It has been contended, that these children were illegitimate, because
born before their father's marriage; but it is replied, that the subsequent
marriage by the laws of Scotland, legitimated them to all intents and pur-
poses. Still for. their greater security they obtained an act of legitimation
from the crown, dated April 17th, 1479.

X Douglas's Peerage of Scotland, p. joi.

^ Maitland's Hist. vol. ii. p 652.

\ Buchanan, lib ii. Maitland, vol ii- p. 665,



410 PEERAGE OF ENGLAND.

Upon some matters of interest there fell a misunderstanding
betwixt him and the Earl of Huntly, which grew into such an

rleceasing without issue male, a great estate devolved upon his next heir, the
son of his brother Walter.

Which Walter, married Elizabeth Arnot of that ilk, an ancient family
in the county of Fife, and by her had Matilda, married to Sir William Ed-
monston, of Duncreath ; Margaret, to Alexander Cunninghame, of Drum-
quhastle; Alexander, who succeeded his uncle; and John, ancestor to the
Stewarts of Kilbeg *

Alexander, the elder son, succeeded to his uncle's estates : beingpos-
sessed of an ample landed property, he was entitled to a seat in parliament,
firiute tenune, in right of his barony, yet he never received the investiture of
a lord of parliament Dominus Parliatnentiy nor was he ever otherwise designed
than Alexander Stewart, Laird of EvanJale, in which quality he died in 1492,
when he was succeeded by his eldest son,

A N D R Ew Stewart, cf Evandale, whom King James IV. for the honour of
the proximity of blood, in which he stood to the crown, was pleased to raise
to the dignity which his great uncle enjoyed, by solemn investiture in
parliament, and by the heraldi and sound of trumpets without doors, as was
the custom of creating Lord Barons in that and the preceding reigns, f This
Lord EvanJale was high in the esteem of that King, to whom he was first
lo.d of the bed-chamber, and lost his life with his royal master at the battle
of Flodden, September 9th, 1513 X

He married Margaret, daughter of Sir John Kennedy, of Blairquhan, and
by her had.

First, Andrew, his heir.

Second, Henry, fwho married the Queen-mother of Scotland, widow of
King James IV. and mother of King James V. but left no surviving issue by
the Queen : he was created Lord Methzien in 1528, and was killed at the battle
of Pinkie in 1547, having issue by his second wife. Lady Janet Stewart, several
daughters, and a son Henry, in whose son Henry the title failed.] ^

Third, Sir James, ancestor to the Earl of Moray

Agnes, married to John Boswell, of Auchinleck ; Anne, to Bartholomew
Crawfurd, of Carse; and Barbara, fiist to James Sinclair, of Sanday, and se-
condly, to Roderick Macleod, of Lewes. ||

Andr EW, the elder son, succeeding to the estates and title, became the
third Lord Evandale : 5 in the year 1534, during the minority of Queen Mary,
and under the regency of James Hamilton, Earl of Arran, whose sister, the



* Douglas, p. ^01, 502.

+ Register of Parliament in the keeping of the Lord Register of Scotland.

X Charter in Pub. Archive. 1516.

§ Douglas, p. 476, 477- || Idem, p 502.

5 " Douglas makes Andrew, the second Lord Evandale, or as he calls him

third Lord, to be the first Lord Ochiltrie, omitting the circumstance of his

father's not sitting in parliament. We are always inclined to Mr. Douglas's

opinion ; in the present instance, however, v.<e have adopted a very accurate

pedigree, the communication of Lord Castle-Stuart." ArcMall's Iriih Peerage.



LORD STUART. 411

animosity between them, that the King very much apprehended
the danger of those divisions, there having been some blood shed.



Lady Margaret, be had mariied, he relinquished the title of E-vaudale, and
was created Lord Suiuart rf Ochiltrie, * but still observing the precedence of
Evandale, and accordingly is> in the rolls of parliament, and other records,
styled Lord Ochiltrie and Fuilford. + He was one of the first men of quality
that zealously fell in with the reformation of religion. He died in 1548, % or
1549, and was succeeded by his eldest son,

Andrew, Lord Stetuart of Ochiltrte, commonly called the good Lord
Ochiltrie. He and his father had zealously pushed forward the reformation
of religion, and voted for it as a peer in the parliament of 1560. At a con-
vention of the estates, previous to the marriage of Queen Mary with the
Lord Darnley, wiio was a papist, Loid Ochiltrie alone, oi^enly protested
he would never give his consent to a King of the popish religion. § He ob-
tained four ciia:terb containing several lands and baronies, under the great seal
of Scotland between 1570 and 15921 in all which he was styled Domino Ochil-
trie, znAhy Agnes, his wife, daughter of John Cunningham, of Caprington,
he had issue Label, married to Thomas Kennedy, of Bargeny; Margaret, first
to John Knox, the reformer, and secondly to Sir Andrew Ker, of Faudenside ;
also five sons, viz.

First, Andrew, his heir.

Second, Sir James, of Bothwel-AIuir, after £.zr/ of Arran, who was in
great favour with King James VI. and thought to be one of the evil ministers
of that time. His enemies, to render him odious to the people, charged him
with laying claim to the crown, calling himself James the VJL by his descent
from Murdock., Duke of Albany. And in the parliament, anno i58<;, to clear
himself of that aspersion, as w-as supposed, he renounced any title he inight
have to the crown that way, by the following protestation, as it stands enrolled
in the records of parliament.

" James, Earl of Arran, &c. protests for himself, and in name of his
father's house of Okhiltrie, that neather the Duke of Lenox's Grace, nor nae
other has right to carrie the crown, or be nearest to the King's Majestie's
person at any meetings of parliament, conventions of estates, &c. before the
said Earl's father's house, in regard to the nearness and proximity of bluid
they stand in to his Highness, since it is well known to sundry here present,
who are ready to attest the samyn, that the Lord Okhiltrie the said Earl's



* He exchanged, says Douglas, his lordship of Evandale in Lanerkshlrc,
with Sir James Hamilton of Fyiiart, for the lordship of Ochiltrie in Au'shire,
and got charters under the great seal, of the lands and barony of Ochiltrie,
and several others, Andrece d:mit/o Evandale inter 1536 et i^.\o. He then, with
consent of the crown, got the title of Evandale exchanged for that of Ochil-
trie, which was confirmed to him by act of parliament anno 1545. He after-
wards got three charters under the great seal [Andrecs domino Ocbiltrit, oi dif-
ferent lands and baronies /«/■?)- 1543 '•/ 1546. (Douglas, p. 52i.j
+ See Knox's Hist, ot tne Reformat '.on, lib. iv. p.343.
X Buchan, lib xvii Spotswood, p. iSy- Maitlund, vol ii. p 952.

\ Ibid.



412 PEERAGE OF ENGLAND.

and men killed upon their private contests, so that the count ry



Online LibraryArthur CollinsCollins's peerage of England; genealogical, biographical, and historical → online text (page 37 of 56)