she could habitually trust none but Catho- cally different from that of their southern lics; and the rapid progress of the reforma- neighbors, and marked them as belonging tion obliged her to resort to French succor, to a perfectly different race of men. But -a measure too insidious and unpopular to the few natives, who were thinly scattered be adopted without imminent danger. The over a rugged country, in which a parish lords of the congregation (so the Protest- was often as large as a diocese, and among ant nobility were called) were driven by whom the religious houses were too rare an imperious necessity to address them- to supply the want of parochial care, were selves to England as soon as that kingdom so slightly tinctured with religious opinwas ruled by a Protestant princess. Their ions, or rather with superstitious usages, success in Scotland was indispensable to that they without difficulty followed the the safety of Elizabeth: hence arose her fashion of their chiefs, who were theminducement to favor them, and hence also selves partly tempted to assume the name sprung her justification for entering into a of Protestant by the lure of a share in the connexion with them. spoils of the church, and were possibly Although Scotland was represented at also influenced by the example of the Câteau-Cambresis by the French plenipo- southern barons, from whom the greater tentiaries, and had been expressly compre- part of the Highland chiefs professed to hended in the general pacification con- derive their pedigree. cluded at that place,* yet the pretensions, In the summer of 1560, the princes of not renounced, of Mary to the crown of Lorrain, anxious to prepare, by the conEngland, kept up an irritation and caused centration of all their force, for the extremhostilities between the two courts, of ities which were now approaching, rewhich the particulars are sufficiently nar- solved to withdraw their troops from Scotrated by the historians of Scotland. Eng- land, and to be content, for a season, with lish troops entered Scotland to protect the obtaining as favorable terms from England, Protestants against the French auxiliaries and for the royal authority, as circumwho were employed by the queen; the stances would allow. death of that princess, in June, 1560, contributed to prolong the Scottish troubles; while that of Henry II., in the summer of 1559, hastened the approach of civil war in France, by giving full scope to the vast projects of the family of Guise. A treaty of peace between England and France, comprehending the affairs of Scotland, which were the cause of difference, was concluded at Edinburgh, on the 6th of July, 1560, after long negotiations, which were principally conducted by Sir William The progress of the reformation was Cecil, on the one part, and on the other by rapid and universal in Scotland. The igno- Monluc bishop of Valence, a prelate of rant multitude continued to frequent the profligate manners, but an experienced churches of their establishment long after negotiator, who had more than once exermost of them had caught a vague inclina- cised his abilities among the fierce Scots, tion towards the reformed faith, easily and was known as a minister to the haughty combining in their unreflecting practice and fanatical court of Constantinople. The what was irreconcilable in principle. The principal stipulations of the treaty were, ascendency of the Protestant lords, and the the evacuation of Scotland by the military presence of an English force, encouraged forces of both parties, and a solemn enthem to throw off the mask, and to give gagement that Francis and Mary should the rein to their strong preference for the desist from assuming the title or bearing reformation. The Scottish nation, which the arms of England. It was found diffihad one day appeared faithful to the church cult to prevail on the French ministers to of Rome, on the next day took up arms for consent to any stipulations on behalf of the the Protestant cause. The commerce of Scottish insurgents. These were proposed the Lowlands with England and Flanders by the English queen on behalf of her naturally spread the new opinions in those allies; for though, in diplomatic forms, more cultivated and better peopled prov- Francis and Mary represented their Scotinces. It is not so easy to discover how tish subjects, in truth Elizabeth was bound the Highlanders, instead of imitating their to secure the rights of the Scottish nation Irish brethren in attachment to traditional against the vengeance of their sovereigns. opinions, transferred their veneration so An article couched in courtly and mysterilightly to novelties which might have been ous language was devised, which, after expected to be unacceptable to rude and stating that Francis and Mary had been uninquisitive mountaineers. They seemed pleased to show their clemency to the to be secured from the contagion of innovation by their language, which was radi † Sir James Melvil's Memoirs, 10. Edin. 1827; where the amours of the bishop in the house of O'Docharty, an Irish chief, are freely and calmly *Dumont, Corps Diplom. v. part i. 28. 12th described. March, 2d and 3d April, 1559. Rymer, xv. 595. nobles and people of Scotland, by assenting causes of offence given by the princes of to the prayer of their petitions presented Lorrain to Elizabeth, and some of the on the day of the treaty, declared the grounds of just alarm which they had desire of these illustrious princes to make afforded to her, by asserting the pretenknown this proof of their benignity towards sions of their niece Mary to the English their own subjects, to their dear sister throne. In relating facts so important, it Elizabeth, whose requests had increased may be pardonable to remind the reader their readiness to grant these concessions; that the title and arms of England were and it was finally agreed that the most assumed by Francis and Mary immediately Christian king and queen should fulfil all on the death of Mary Tudor, so as to mark that they had promised to the Scottish na- without doubt that they were then used tion, so long as the nobles and people of because the possessor was an usurper. Scotland fulfilled the terms to which they The bull, by which the dying hand of Caon their part had agreed.* The particulars raffa had deprived all heretical princes of of the petitions thus incorporated in the their dominions, was obtained by Francis treaty, are stated in a dispatch from Cecil and Mary as an additional weapon against to the queen. That great minister, with Elizabeth:§ and it has already been seen, justice, tells his mistress, "As for the that the threatening titles were introduced surety and liberty of Scotland, we have into private legal documents, to familiarize been the means to obtain all things requi- the minds of men to them, and to intersite; so as the nobility here acknowledge weave them with the ordinary securities the realm more bounden to your majesty of property. A constant succession of the than to their sovereign. In getting of like acts followed, equivalent to a perthings we have so tempered the manner of petual claim of the English crown. The granting thereof, that the honor of the heralds of Francis were, at a tournament French king and queen is as much con- in Paris, apparelled in the arms of Engsidered as may be. The country is to be land; the ushers cried out, in going before governed by a council of twelve, out of Mary, "Make way for the queen of Engtwenty-four to be named by parliament; land;" and the arms of England, as those and of the twelve, seven are to be chosen of Mary, at the marriage of Philip II. with by the queen, and five by the three the princess Elizabeth of France, were inestates." scribed on arches erected for that occasion, But the most immediately important of with Scottish verses, one of which dethe concessions was the engagement of signed her, "Of Scotland queen and EngMonluc that an assembly of the states land too." The same proclamations and should be holden on the 10th of July, inscriptions followed her in her progress "which should be in all respects as valid throughout the provinces.** The secret as if it were called and appointed by the acts of the French government correexpress commandment of the king and sponded with their avowed pretensions for queen.' The adjournment of the meeting Mary. In the summer of 1559, they privily from the 10th of July, was probably in- sent to Scotland a staff of state with a tended to give time for the royal negative great seal, on which were engraved the from Paris, if it were thought advisable. arms of France, Scotland, and England; The only exception made by Monluc re- of which John Knox, a passenger in the lated to religion, as not being within his ship which bore these symbols of ambitious commission; with respect to which it was claims, obtained a sight under injunctions agreed, that a deputation of the three of profound secrecy. We are assured by estates should proceed to Paris with their Castelnau, that though the English ambasown ratification, in order to satisfy the sador was amused by promises, the French queen of the necessity of ratifying the con- ministers did not desist from the use of the cessions. This treaty was a master-stroke arms of England; "because," says that minof policy, which bound to Elizabeth that ister, "they were fearful of doing irrepagrowing majority of Scotsmen who favored rable injury to Mary, by impairing her title the reformation. They were now taught to the crowns of England and Ireland."‡‡ to feel that she whose safety and faith were embarked with them ought to be regarded by them as their sole protectress. We have already noted some of the * Rymer, xv. 595. † Secretary Cecil to the queen. Camp before Leith, 6th July, 1560. Haynes, 351. Keith, 137. Cott. MS. Calig. b. ix. 126. It is astonishing that, in defiance of this document, Keith should venture to call the assembly a pretended parliament. Cecil in "a Brief Consideration of the Weighty Matter of Scotland." 1 Forbes's State Papers, 387. lord Fleming by Francis and Mary bears date on the 16th of January, 1559, two months after Elizabeth's accession, and within a few days of her coronation. It is very observable that the grant of land to T June 28, 1559. July 16. July 27. Cecil's Diary, in Murdin, 747, 748. ** Ibid. 749. Nov. 25, 1559. ‡‡ Castelnau, liv. ii. c. 4. The treaty of Edinburgh was ratified by in a dispatch from Sir Nicholas ThrogmorElizabeth within two months of its com- ton to Elizabeth, in which that able minpletion; but the Guises prevented their ister relates his conversation with the carill-fated niece from ceasing to provoke and dinal of Lorrain, who joined the arts and alarm England. For nearly a year she manners of Rome with the aspiring spirit refused, deferred, or evaded the ratification of his family. The cardinal's main plea demanded repeatedly by Elizabeth, by resi- against ratification was, that the Scots had dent ministers at Paris, and even by solemn not performed their part, by a complete reembassies expressly charged to obtain it, turn to their obedience. "The Scots, I as well after the death of Francis, in De- will tell you frankly," said he to Throgcember, 1560, as before; and such was the morton, "perform no point of their duties: pertinacity of her guides, that she would the king and the queen have the name of not consent to an act which renounced a their sovereigns, and your mistress hath the present claim to the English crown, in obedience. They would bring the realm order to obtain a safe return to Scotland. to a republic. Though you say your misIt is here necessary to inform the reader, tress has in all things performed the treaty; that the states of Scotland had assembled we say the Scots, by her countenance, peron the 1st of August, 1560, which was the form no point of the treaty." The same prescribed day. The attendance, especi- argument was repeated by Francis II., ally of the more popular estates, the un-Catherine de Medicis, and queen Mary, at titled gentry, and the burgesses, was the audiences which they gave to Throggreater than in any former parliament. morton. "To tell you of the particular The session began with a debate on the disorders," said the cardinal," were too legality of the assembly, which was ques-long;" which is his only apology for not tioned on account of the absence of any specifying any. Throgmorton, in his prirepresentative of the sovereigns, and of vate audience of queen Mary, assured that any commission from them. The express princess that if she would be graciously words of the concession justified the ma- pleased to observe all that Randan and the jority in overruling the objection. A stat- bishop of Valence had promised, "the ute was passed to abolish the papal author-states of Scotland would perfect their duty ity in Scotland. A confession of faith, to their majesties, by sending a suitable founded on the doctrine of Calvin, and a embassy to Paris;" for the only grievance book of discipline, on the worship and gov- which the king, or the queen, or the cardiernment of the church according to the re-nal, had deigned to specify was, that the publican equality of the Genevese clergy, Scottish parliament had sent "a mean were established by the assembly. They man" to Paris to convey their prayers, passed one remarkable act in civil matters, though the person so described was Sir in which they offered the hand of the earl James Sandilands, preceptor [head] of the of Arran, the presumptive heir to their order of St. John of Jerusalem (or Malta) kingdom, in marriage to queen Elizabeth, in Scotland. The cardinal neither urged and agreed to settle the Scottish crown that the ambassadors had exceeded their upon them and their heirs, in failure of powers, nor complained of the parliament queen Mary and her posterity.f for having overpassed the concessions by From circumstances related by a writer a change of religion. If the temporary nearly contemporary, it should seem that government had acted as a republic, he these great measures were almost unani- should have remembered that the legismously assented to. The Catholic prelates lative, and in effect the executive, power were silent: only three lay peers, the earl had been ceded to them by the agreement of Athol, the lords Somerville and Borth-at Leith. He made no distinction between wick, muttered their dissent, saying, "We the treaty with Elizabeth and the grants to shall continue to believe as our fathers the people of Scotland. If he had objected before us have believed." Sir James San- to the latter part of the treaty as containdilands, a knight of Rhodes, was dispatched ing a promise to a foreign sovereign, that to lay these proceedings before the queen, the king and queen of Scotland would obbut he was rejected with scorn. serve the conditions which they had grantA specimen of the negotiations in one ed to their own subjects (which he never of the attempts to persuade queen Mary to does), at least he ought to have offered to ratify the treaty of Edinburgh, is preserved ratify the prior article, which_recognized the undisputed right of Elizabeth to her own throne; and to engage that they * September 2, 1560. Rymer, xv. 602. † Acta Parl. Scot. ii. 525.; and for the statute re. lating to Arran, same vol. Appendix, 605. The records of Scotland appear to be peculiarly deficient in this turbulent period. Archbishop Spotswood's History of the Church of Scotland, 151. VOL. I. 28 § Throgmorton to Elizabeth, 17th Nov. 1560. 1 Hard. State Papers, 125-146. Rymer, xv. 393. Dumont, Corps Diplomat. v. part. i. 63. should never assume, nor allow to be used[ These reasonings on the justice and by others, to them or for them, the title or policy of armed interference for a friendly arms of England. To this article there party, where the safety of a state requires was no objection on the ground either of it, are in substance common to all ages and Elizabeth's illicit interference in Scottish nations; though they were not expressed affairs, or of the default of the Scottish by the statesmen of the sixteenth century parliament. The refusal or the delay and in the artificial language of what was afevasion of so harmless a stipulation, which terwards called international law. Their was important to England, manifested a principal defect is, that they may often be hostile mind against Elizabeth, and an in- used with equal plausibility by several conflexible purpose to keep very formidable tending parties; though it is generally evipretensions hanging over her head; ready, dent that one only has justice on its side. whenever she was weak or they were In the particular case before us, the defect strong, to crush her throne. Probably it does not seem to be considerable. The was not considered by either party in true question always being, which party these conferences, that the effect of a re- is really influenced by self-defence, and fusal of ratification was to restore the which employs it merely as a pretext, it state of war. Either party might indeed cannot be doubted that Elizabeth sought forbear from actual warfare, but that for- an ascendant in Scotland for her own bearance would be an abstinence from the safety, while the house of Guise pursued exercise of a right; for when either party the same object for their aggrandizement. refused to complete the contract which To this may be added, that the first wrong was to close a war, the belligerent rights was done by the princes of Lorrain, in of the opposite party were necessarily re- setting up their niece as a pretender to the vived. English crown; and that this wrong was Cecil, however, from the beginning, grievously aggravated by their persevefounded the advice which he gave his rance in it. They obstinately persisted in sovereign to take a part in Scottish affairs, using the royal arms of England as a flag on the more comprehensive principle of round which every discontented and disafthe justice and policy of self-defence. "It fected Englishman might rally; and this, is agreeable to God's law," said he, "for even after their own ministers had pledged every prince and public state to defend them by a solemn treaty to discontinue itself not only from present peril, but from such an incentive to revolt. It has already perils that may be feared to come. It is been observed, that the reasonings of Cecil manifest that France cannot any way so and of Maitland were not conveyed in the readily, so puissantly offend, yea invade specious and subtle language of modern and put the crown of England in danger, jurists: they were, nevertheless, conformas if they recover an absolute authority able to the most approved principles. over Scotland. The long deep-rooted ha- These ancient statesmen do not seem to tred of the house of Guise, which now have been aware of the difficulty of reconoccupieth the king's authority against Eng- ciling the rights of self-defence with the land, is well known. What chiefly stays apparently conflicting duty of every comthe execution of their purpose against munity to respect the independence of England, is the resistance in Scotland, every other, and to manifest their sense of where they have lately sent a great seal justice by abstaining from interference in with the arms of England." Maitland of the internal affairs of independent counLethington, who destroyed the effect of tries. The solution, however, of that diffigreat abilities by a capricious inconstancy, culty flows from the simple principle which repelled all trust, seconded with his which is the basis of Cecil's advice. The wonted talents the reasoning of Cecil.+ right of defence, whether exercised to “The fear of conquest," says he, "made repel an attack or to prevent it, is the selfthe Scots to hate the English and love the same right, and extends to conventions French. The case changed,-when we see with contending parties in a community, them (the French) attempt conquest, and as much as to those which subsist with you (the English) show us friendship,- contending states. When a contest for shall we not hate them and favor you? supreme power prevails in a country, for especially now that we are come to a con- eign states, who have no jurisdiction in formity of doctrine, and profess the same the case, are neither bound nor entitled to religion with you, which I take to be the pronounce a judgment on the armed litistraitest knot of amity that can be de- gation. Their relations with each other vised." being formed for the welfare of the subjects of each, they must treat the actual * A Brief Consideration of the Weighty Matter rulers of every territory as its lawful gov of Scotland. 1 Forbes's State Papers, 387. † Robertson, Hist. of Scotland, App. No. II. ernment. In all ordinary cases, they should treat the pretenders as alike legitimate | parish, and tendered for subscription to wherever they are obeyed; and preserve every individual in the kingdom. The the same neutrality in the war between subscription was to cancel past offences; parties as if it were waged between inde- but defaulters were to be punished by conpendent states. It is a very obvious infer- demnation and confiscation, to be followed ence from these premises, that foreign by banishment or death.* The execution sovereigns may ally themselves with a pos- of these or the like designs was postponed sessor of authority, if defence and safety for twelve years, and reserved for other require it, on the same ground that they chiefs, by the death of Francis II.,-a form alliances with the most anciently nominal king, whose insignificant name established government. Whenever it is was the tool of the Guises, and only served lawful to make war, it is equally lawful to to fix a few dates, or to mark the limits of obtain strength by alliances. It would, a brief period, distinguished by no condoubtless, be more for the general welfare spicuous occurrences. But the reign of of mankind to adjust their differences by Francis, thus unimportant in itself, was big institutions making some approach to a with the confusions which ensued. discerning and honest judgment, than to By his death, Catherine de Medici releave them to the blind and destructive covered part of the authority which the arbitrament of war. But as long as na- princes of Lorrain had engrossed. In the tions assail their neighbors by arms, they mean time Mary Stuart, in the flower of must be resisted by the same cruel and un- her youthful beauty, accustomed to sway distinguishing expedient. The laws of in a gallant court, hating the queen-mother, war (as they are called) are the same in over whom she had wantonly triumphed, civil as in foreign warfare. It is as much was soon weary, either of enduring Catheforbidden by international morality to rine's new superiority at court, or of league with an unjust state, as it is in dragging out her lonely widowhood in a private litigation to support an unjust province, without favor, and deserted by suitor. But as independent nations have her followers. The Catholics of her own no common superior, their wars must be country early sent to her John Lesley, afpractically treated, by those who desire to terwards bishop of Ross, a minister of remain neutral, as if they were just on ability, an elegant scholar, and an adboth sides. In some extraordinary in-herent of devoted fidelity, with earnest adstances of notorious and flagrant wrong, vice that she should land on the north-east neutral nations may be entitled, and even coast of Scotland, where the house of perhaps sometimes bound, to interpose for Gordon, a powerful family of zealous Caththe prevention of injustice and inhuman-olics, might assemble their vassals, and acity. In such extraordinary emergencies, company her to Edinburgh, with a force whether a nation is influenced by a regard sufficient for the restoration of religion and to its own safety, or by a disinterested royalty. reverence for justice, both these principles The confidential ambassador of the Propoint to the same practical result. For as testants was James Stuart, prior of St. the general prevalence of a disposition to Andrew's, a natural son of James V. by act justly and humanely is the principal Margaret Erskine (a daughter of the noble safeguard of nations as well as of individ- family whose title to the earldom of Mar uals, to which the terrors of law or even was afterwards recognized), a person surof arms are only occasional and inadequate passed in ability by no man of his age; auxiliaries, it is not possible to set the ex- and, if not spotless, yet with a public life ample of bidding open defiance to human-as unstained as it was perhaps possible to ity and justice without impairing the se- bear through scenes so foul. He urged curity of states, in proportion to the extent the necessity of her return to Scotland, of such acts of criminal audacity. mainly with a view to place her in the Had Francis II. lived a little longer, the hands of Protestants; but also because he princes of Lorrain meditated an exercise was convinced that her return to her doof his authority, which would have antici- minions and a compromise with the prevapated some of the tragical scenes of a succeeding period. All the great lords, officers of the crown, members of the privy council, and other considerable persons, were commanded to attend an assembly of the states-general, to be holden at Orleans, at king Francis her sonne, because she had na guiding of him, but only the duke of Guise and the cardiChristmas, 1560, that they, as well as the nal his brother, by reason that the queen our mais. deputies of the three estates, might sign tress was their sister dochter. So the queen mother confession of the Catholic faith, which was for their cause she had a great mislyking of our afterwards to be circulated through every queen."-Melville's Mem. 86. ed. Edin. 1827. a *Castelnau, liv. ii. c. 12. Vol. i. 58. ed. de Brux. 1731. folio. The same project is adverted to by De Thou, Hist. sui Temp. lib. xxvi. c. 2. ii. 39, 40. ed. "The queen-mother was blythe of the dethe of was content to be quyt of the house of Guise, and |