tained captive, then he was shortly to be sent to England, and now the ancient league with France was to be dissolved by the new parliament, and the country delivered in bondage to their ancient enemy, together with numberless other similar reports.

To counteract these, the council published a proclamation a few days before the parliament met, asserting, that it was the king's choice to remain in Stirling, denying that any interference would take place with the foreign relations of the nation, and affirming, that the only object in calling this parliament was, to authorize such measures as would tend to the advancement of the honour of God, the safety of the king's person, and the prosperity of the kingdom. This proclamation, however, produced little effect. The lords who were at Edinburgh determined to remain there, and send a deputation to protest against the legality of holding parliament within the walls of a fortress surrounded by armed men, where all freedom of discussion must be effectually destroyed; and to pray his majesty to prorogue the meeting to a better time, and a fitter place.

On the day appointed, however, the parliament met in the great hall of the castle, and was opened by the king himself in a short speech, immediately after which, the earl of Montrose, and lord Lindsay rose, and in the name of the council, protested against the legality of the session, from its being held in a place whither they could not repair, inasmuch as it was wholly in the power of their enemies. The two noblemen were ordered into confinement in their own lodgings, and the parliament disregarding the protest, proceeded to business. The king's assumption of the government was recognized, the act of indemnity granted to Morton confirmed, and a pension for life settled upon the countess of Marr.

Lindsay submitted to the order of court, and retired to his lodgings, but Montrose made his escape to Edinburgh, and joined the lords there, asserting that he brought his majesty's instructions to effect his rescue from the thraldom in which he was held by those he hated. Athol, the chancellor, who, together with Argyle, was at the head of the faction, on the arrival of Montrose, published a declaration, accusing Morton

of surprising by his instruments, the castle of Stirling, and the king's person; of keeping the king captive, so that his best subjects could find no access to him; of changing the place of meeting of parliament, and of levying soldiers, under the title of the king's authority, to support his own usurped power, and therefore, they were determined to deliver the king from captivity, and the kingdom from oppression. This declaration, which was widely dispersed over the kingdom, was followed up by preparations for hostilities on both sides. Athol

and Argyle, were already at the head of a considerable force, and the earl of Angus, Morton's nephew, who was appointed the king's lieutenant, found himself in a few hours, in command of an army, little inferior in numbers, but superior in rank, and backed by the authority of the king, who, thus early initiated in the art of duplicity, was constrained to issue a counter manifesto, in which he declared that it was at his own desire he remained at Stirling, and was attended by the earl of Marr, in whose fidelity he could repose more confidence than in theirs, who had excited such commotions in the kingdom. When this proclamation arrived at Edinburgh, the nobles would not allow it to be published, but quickening their = operations, collected their troops, and marched towards Stirling. When they halted at Falkirk, they mustered about seven thousand men. The earl of Angus, who, on hearing of their progress, had also advanced, encamped on the opposite side of the Carron with five thousand. Both parties were unwilling to strike the first blow, and Sir Robert Bowes, the English ambassador, taking advantage of this disposition, laboured incessantly to promote an accommodation.

While the negotiations were going forward, and the two armies lay in sight of each other, an incident took place, which, as omens have always had a powerful effect upon large bodies of men, might perhaps have had some influence in inclining the parties to come to a readier arrangement. One Tait, a follower of Kerr of Cessford, who was then with Athol, advanced vauntingly in front of the lines, and dared any of the horsemen of the opposite party to shiver a lance for his mistress. A retainer of the master of Glammis, named Johnston, accepted the challenge, and a small plain by the side of the

Carron, was chosen as the spot to decide the combat, both banks of the river being covered with the horsemen of the adverse armies, to witness the issue. At the first charge Tait fell, pierced through the body, and instantly expired, which the king's army accepted as a sure pledge of victory, and the others, somewhat disheartened, returned to their camp. But extremities were at this time avoided, and the endeavours of the English ambassador being successful, a treaty was concluded, by which it was agreed, that the forces on both sides should be disbanded, except a few horsemen to be kept by the king, for preserving peace on the borders; that the earls of Athol and Argyle, should have a residence appointed them in Stirling castle; that the noblemen, barons, and gentry, should have free access to the king; Montrose and Lindsay be added to the privy council, and a committee of eight noblemen chosen by the king, four from each party, be appointed to investigate all causes of dispute, and effect a perfect reconciliation.

In the late parliament, it had been agreed to send an embassy to the queen of England, to announce the king's assumption of the power in his own hands, to thank her majesty for the kindness she had shown him during his minority, and to draw the bonds of union closer between the two kingdoms. The abbot of Dunfermline, was accordingly despatched to the English court, but besides his public despatches, he carried private instructions from the king, to examine the will, and secure possession of the estates of the countess of Lennox, his grandmother, who had died lately. That lady's second son, had left one daughter, Arabella Stuart, who was born in England, and the chief objection to James' claim, being the maxim of English law, which excludes aliens from any right of inheritance within the kingdom, Elizabeth's waving this with regard to the king of Scots, would have been at once to acknowledge his right to the throne, by setting aside the English heiress. She, therefore, without allowing the subject to be discussed, ordered the rents of the estate to be sequestered by lord Burleigh, master of the wards, on purpose to teach the Scottish king a lesson of caution, as to the manner in which he should urge his more important demands. The

other parts of the embassage were graciously received, and answers expressive of the highest regard returned.*

Notwithstanding the treaty which had been signed by the two factions, they were far from being completely reconciled. The earls of Athol and Argyle, still bearing in mind the conduct of the earl of Morton, while regent, and endeavouring to subvert his influence at court, nor was it without difficulty, that they were brought together in the king's presence at Stirling, where, after some days spent in mutual recrimination, the explanations of Morton were admitted, and the parties brought, if not to a cordial, at least to an apparent agreement. In order to celebrate this agreement, Morton gave a splendid banquet to the principal nobility of both parties, which he pushed to the utmost extent of what was then termed Scottish hospitality. Athol, the chancellor, who was one of the number, either through the effects of the debauch, or in the common course of human events, sickened immediately, and in four days after, died at Kincardine. The violence of his disorder, and the suddenness of his death, gave rise to a suspicion that he had been poisoned, and although the physicians and surgeons who opened the body, declared upon oath, that they observed no symptoms of any deleterious substance having entered the stomach, or the least mark of any extraordinary disease, yet the relations of the chancellor protested that these declarations were unsatisfactory, and should not interrupt the course of justice; and the evident advantage which Morton derived from the opportune removal of so formidable an opponent, easily gained credit to a rumour which followed him to the scaffold. Argyle was promoted to the office of chancellor, and reconciled to Morton, who once more obtained the administration of the kingdom into his hands.

Untaught by his late narrow escape, no sooner did Morton feel himself again seated securely, as he thought, in power, than he resumed his attempts against the nobility, and his first attack was upon the house of Hamilton, who were now the only family in opposition, from whose power or influence, he imagined, he had any thing to dread, and whose extensive

VOL. III.

* Spotswood, pp. 284, 384. Robertson, Book vi.

E

estates offered a tempting bait to his cupidity, and that of the members of his faction. The earl of Arran had been confined in Draffan castle, as insane, for a considerable length of time. Lord John Hamilton, the second brother, abbot of Aberbrothick, acted as administrator of his estates, and lord Claude, was commendator of Paisley. The first, from the nature of his distemper, was incapable of committing any crime, but the two last had been accused as accessory to the death of the regents Moray and Lennox, and included in the general act of attainder on that account. In the general amnesty, granted by the articles of Perth, they who were concerned in these murders had been excepted. To them, therefore, it was resolved to apply the rigour of the law, and without bringing them to trial, it was determined to proceed upon the former sentence, as the formality of summoning them, it was alleged, would only be giving them notice to flee. A commission was in consequence, issued to the earls of Morton, Marr, and Eglinton, and lords Ruthven, Cathcart, and Boyd, to apprehend them by surprise.

To facilitate the execution of this design, Morton had previously hired a band of mercenaries, whom he kept in readiness to assemble on a few hours' notice, at whose head the commission set out without delay, to seize the persons, and confiscate the estates of the accused. The two brothers had fortunately heard of their approach. Lord John fled on foot, disguised in a seaman's dress, into England, whence he made his escape to France, and lord Claude, after lurking privately for some time in Scotland, found refuge with a friend of the late earl of Northumberland's, till an opportunity occurred for allowing him to join his brother. Their castles were, however, seized. Draffan was given up on the first summons, but Hamilton being defended for two days, on its surrender, the garrison were marched as felons to Stirling, and their captain, on the gibbet, paid the penalty of his fidelity to his chief. Still, however, there were no legal grounds for seizing the estates, as whatever might be the offences of his brothers, Arran was guiltless. By a gross perversion of law, this difficulty was overcome, the unhappy nobleman, though in a state of mental abstraction, was found answerable for the acts of his