quhairof he wiffis his Maieftie to be cleirit: ffyrst, of all fufpicioun that his Maiestie was ony wayis acquent with the wryting of that vnhappie Letter, that fwa his hienes innocencie and finceritie mycht be knawin to the haill warld; ffor he declarit, as he wald wifs God to be mercifull to his faull, in the grit day, that his Maieftie wes most falslie and vniuftlie chargeit with that Letter writtin to the Paip; and that he could newir draw his Maieftie to lyk, or with patience to heir of that wickit motioun; bot his Maieftie did vterlie and abfolutlie refuife, vpoun ony respect or conditioun, to wryte to the Pope, as ane mater altogidder aganis his confcience to tak ony fic cruikit courfis, or to gif to the Paip thais ftyles and attributes quhilk the Paip affumit to him felf. Quhilk refufall could nocht fatisfie nor content him, bot in his politik warldlie reach, as ane naturall man, he went fordwart, in his awin vayne confait, aganis his Maiefteis declarit will, to that quhilk he thocht fould (have) advanceit his Maiefteis tytill, as hopeing thairby to flay the cenfure of the Paippis Excommunicatioun, intentit aganis his hienes, quhilk he ferit mycht haif brocht him preiudice to his Maiefteis fucceffioun, nor yit could he be ftayit from his vnhappie courfis, by his Maiefteis moft religious refolutioun ; quha, att findrie tymes, protestit and declarit to him, that his hienes wald nevir burdene his confcience with ony fic vnlauchfull and cruiket courfis, bot wald only leane and reft vpoun Godis Providence and his awin rycht, with fic vther lauchfull and rycht meanis as his Maieftie mycht juftlie vse Beseikand all gentilmen and vtheris present, to beir trew recoird of his Confeffioun of fa haynous ane offence, committit aganis fa gratious and bountyfull ane Souerane, quho, be his vndeferuit fauour, had raisit his base fortoun fa bountifullie, that his landis, guidis and lyffe could be na reparatioun for fa grit ane offence.

The fecund poynt, quhairof he defyrit his Maieftie mycht be fred and cleirit, is ane opinioun, quhich ather fum in malice, or his freindis in the commiferatioun of his eftait, mycht confaue and think, that his Maieftie, in ane mater of this moment, (the fuggeftioun of ane Letter of Recommendatioun,) mycht ferue to proceid with grit regoure and crewaltie aganis his lyffe and eftait; bot he wald haue thais and all vtheris to remember, that his Maieftie hes gevin mony testimoneis of his clemencie, in materis gritlie concerning him; and thairfore, thay fould nocht judge of his Maiefteis difpofitioun to mercie, by his hienes proceiding, be justice, aganis him, bot wiffit thame rather to turne thair eis to his vnhappines, quha hes offendit his facred Maieftie, in fic ane poynt, as na favour can be extendit to him, without the hurt and interes of his Maiefteis honour, quhilk being deirar to his hienes than his lyffe, he man think and confefs, that tuentie thowfand fic lyves as his is, ar nocht to be compairit with it, or ballanceit aganis it; nor did he defyre that his lyffe fould be fpairit, att fa deir ane rait as the leift tuich (Fr. tache) of his Maiefteis honour.

Forder, he cravit pardoun to proteft thais tua thingis, for him felff. Fyrft, that he had na fic intentioune, as fum hes fuppofit, to draw in ony alteratioun of Religioun or tolleratioun, or quhat thay pleis to terme it; bot any meane warldlie course and devyfe, quhilk he confaitit mycht be for the behuif of his Maieftie, quhilk he proteftit to be of treuth. The fecund thing is, he wald haif na man to think, that itt wes any gayne or priuat commoditie that drew him to that wicket cours; ffor he proteftit that he nevir reffauit nor exfpected ony reward, from ony Prince leving, except from the Kingis Maieftie, his maister, allanerlie. And fa concludit, that he had spokin fa much of the treuth aganis him felff, that he wald defyre na man to fpeik for him; and wald gif als littill buffines to the Aduocat, Juftice, Affeffouris and Affyfe, as he could; and was content that the Dittay fould pas to the knawledge of ane Affyse.

IN refpect of the quhilkis, THE JUSTICE Ordanit the faid Dittay to be putt to the knawlege of ane Affyfe, of the perfonis following. Thay ar to say.

Quhilkis perfounnes of Affyfe being chofin, fworne and admittit, and Inftrumentis tane thairvpoun, be our fouerane lordis Aduocat; the faid James Lord Balmirrenoch, being accufit be the said Dittay, oppinlie red in judgement to him, in presens of the said Affyfe; and for verificatioun thairof, the Aduocat, haifing produceit the faid James Lord Balmirrenochis Depofitioun, fubscryuit with his hand; togidder with his Letter, writtin all with his hand and subscryuit be him, contening his fpeich, vterit be him befoir the Lordis of his Maiefteis honorabill Previe Counfall of Ingland, togidder with ane Letter fend be his Maieftie to the Aduocat, contening fum of the Lord Balmerinochis fpeichis to his Maieftie, att fic tyme as he preiffit to haif perfwaidit his hienes to wryte to the Pope: And the faidis three writtis, being oppinlie red in judgement, in his presens and in prefens of the faidis Affyfouris; quhairof the tennour followis.

And fyrft, followis the tennour of HIS DEPOSITIOUN.

ATT FALKLAND, the fecund day of Februar, the yeir of God I".Vj°. and nyne yeiris. THE DECLARATIOUN and CONFESSIOUN of THE LORD BALMERRENOCHE, concerning ANE LETTER fraudulentlie and furreptitiouЛlie pro

cureit to be writtin and sent from his Maieftie to POPE CLEMENT (VIII.) in the yeir 1598; maid in prefens of my Lordis of his Maiefteis Secreit Counfall of Scotland, eftir namet; The Earles of Dumbar, Wigtoun and Lowtheane, the Lordis of Scone, the Justice Clark, the Collectour, Justice and Aduocat.

THE LORD BALMIRRENOCHE, being examinat, fworne and chargeit with pe offence of praktefing and furreptitious procureing of pe faid Letter, (quhairby hath growne ane moft fals and fcandalous imputatioun to his Maieftie, both in poynt of honour and of Religioun,) eftir diuers meanis vfit by him, of denyall, conceilling, transferring and extenuatting the faid offence, doeth att pe laft expreflie acknawledge and confefs: That, in pe 3eir of our Lord 1598, att pe motioun of pe lait Archbifchop of Glasgow,' his Maiefteis Ambaffadour, than refident in France, the Bifchop of Vaizon, and fum vtheris, and att þe folicitatioun of Sir Edward Drummond, directit from pame, for procureing of fum correfpondence betuix his Maieftie and THE PAIP, be the faid Lord Balmirrenoche, affenting to pe faid motioun, did diuers tymes preife his Maieftie pairin, and did offer to his Maieftie the fram of fic ane LETTER as he wald haif had figned be his Maieftie to pe Paip; quhom, quhen he fand nocht onlie vnwilling to wryte att all, bot abfolutlie to condem the motioune, or any correfpondence with a perfoun that did expect thais tytillis and attributes, quhich his Maieftie, out of his confcience, could nocht zeild him, for any caus quhatfumeuir; he, the faid Lord Balmirrinoche, confpyring with Sir Edward Drummond, on pe meanis how to diffaue and begyle his Maieftie, in pe procureing fuch a Letter, with pe faid Sir Edward Drummondis hand, as from his Maieftie to pe Paip, expreffing pairin (as he fayeth) only thankis for pe Paipis kyndnes and favour, in former tymes, with recommendatioun of pe Bifchop of Voyzin to be a Cardinall; thairby to be moir abill to forder him in all thingis neidfull for his effairis. For the better convoyance and paffage of pis Letter by his Maiefteis hand, the faid Lord Balmirrenoch confeffeth this course to haif bene by him contryveit; fyrst, that itt fould be cheftit3 in amangis diueris vperis Letteris to be figned; fecundlie, that the famin, with the reft, fould be prefentit to his Maieftie, att fum tyme of his going furth haiftelie, on hunting, fo as, being on the fudden surpryfit, he fould haif nocht laifour to obferue and perufe the Letteris; and thrydlie, that fuch wordis of tytill and ftyle (as) ar vfuallie gevin to pe Paip, fould be forborne to be fett doun in itt; leift perhappis his Maiefteis eé lichting vpone any of pame, quhillis he wer figneing, he mycht pairby tak occafioun to obferve that Letter: and that convenient fpecis being left for pame, thay fould efterwardis be accomodattit and infertit: According to qubich courfe, he the faid Lord Balmirrenoch confeffing, that he, abuseing the truft repofit in him be his Maieftie, one day, in þe moirning, quhen his Maieftie wes going on hunting in haift, amangis vperis Letteris, writtin in Latine, to pe Duikis of Florence and Savoy and fum Cardinallis, in favour of pe Bifchop of Veyzon, did also present to his Maieftie (haveing formerlie refufit to wryte to pe Pope, and na thing fufpecting that any fuch fould be offerit to his hand) the said Letter to pe Paip, and procureit it to be fignit; quhich being done, he the faid Lord Balmirrenoch confeffit, that by his directioune, Sir Edward Drummond did efterwardis add and infert the Popes tytillis and styles, baith in pe beginning of pe Letter, and in pe end pairof, betuix the Letter itt felff and his Maiefteis fubfcriptioune, as the word Sanctitas' and the word 'ffilius,' and fuch vperis as he thocht proper for pe Letter to pe Paip: And that, by his directioune, the Letter wes feilit vp be ane of his feruandis, and the Signet alfo putt to itt. Concerning pe Letteris to the Cardinallis, he the faid Lord Balmirrenoch fayeth, that thay wer cloife fealit vp; bot left without fuperfcriptioun, and fo delyuerit to Sir Edward Drummond, to be directit be pe aduife of the (Arch)bifchop of Glafgw: And that he did efterwardis vnderstand, that two of pe faidis Letteris wer gevin to pe Cardinallis Aldobrandino and

1 James Beaton, (2d) Abbot of Aberbrothock, elected 1551, quitted the see in 1560, and was restored by Act of Parliament, in 1588. * Williame Chisholme. See Note on Dittay, p. 569. 3 Shifted, shuffled.

Bellarmine, and pe thrid to Cardinall Caietane, Protectour of the Scottish Natioun. ffordermore, the faid Lord Balmirrenoch Confeffeth, that quhen his Maieftie cam efterwardis in queftioun, in pe lait Quenis tyme, (by meanis of hir Ambassadour, that expoftulattit with his Maieftie, concerning such a Letter writtin from him to the Pope,) he the faid Lord Balmirrenoch, being afkit pairof by his Maiestie, did vterlie deny that thair was any fuch mater: And lykwayis Confeffeth, that he defyred Sir Edward Drummond (being cum att pat tyme from bez ond the Seas, and examinat pairof, vpoun þe Lord Balmirrenochis fending for him,) to juftifie his denyall; and that Sir Edward Drummond did, att his defyre, accordinglie deny that he had careit any fuch Letter to pe Pope; as also, that quhen Sir Edward Drummond wes committit to preafoun for pis caus, to the Caftell of Edinburghe, he the faid Lord Balmirrenoch becam ane ernist futear1 to his Maieftie for his libertie, and wes the meanis to obtene it; quhairvpoun Sir Edward Drummond, being efterwardis to returne to Rome, he the faid Lord Balmirrenoch Confeffit, that he delt erneftlie and inftantlie with Sir Edward Drummond, to laboure to recover agane the faid Letter into his handis, and destroy itt; quhilk Sir Edward Drummond promifit to do, gif by any meanis he could; and that the faid Lord Balmirrenoch pairvpoun deftroyit the copie of pat Letter, quhilk before he had retenit with him felff. J. BALMIRRENOT. DUMBAR, WIGTOUN, LOWTHEANE, D. L. SCONE, (Rd) COKBURNE, Sr To. HAMMILTOUNE, JO. PRESTOUNE, Sr Wm HAERT.

Followis the tennour of

THE LORD BALMIRRENOCHES LETTER, writtin and fubferyuit be him, contening his SPEICHES, vttered be him to the Lordis of his hienes Previe Counfal, in Ingland.

MY VERRIE HONORABLE LORDis,

I FIND trew this day, in experience, that which I haif oft red and hard, that no exceiding joy nor exceiding forrow can be cayried bot with filence. Leues curæ loquuntur (fayeth the tragique) ingentes ftupent. From this it is that pe heavie greif and vnfpeikable forrow of my hart and foul, for my haynous offence aganis my moft gratious Souerane, and his Maiefteis displeasour that he hes most juftlie conceaved aganist me, makis me that I haif no wordis whearwith I can expres pe fame: Quhen I luik vnto his Maiefteis innumerabill fauoris bestowed vpone me, haifing raised my fortounes (moft miferable and vnworthie wretch !) far aboue my mereit and my foule abuse of his Maiefteis trust: which hes brocht this fals imputatioun vpone his Maiefteis vnspotted innocencie: I think pair is nothing in me may amend the fame; and pairfoir I find no vther end of my forrow, bot, with the forlorne fone, to say to his moft facred Maieftie, peccaui in cœlum et in terram!—My offence is fo greit that it can nocht be pardonet,-I am nocht worthie to be rekonet ony moir among his fubiectis or createuris! I haif finceirlie confeffit the veritie of my fact, in all the circumftances, nocht for obedience, or to libe rat his Maieftie, (as fum wald falflie geve out,) bot for pe treuthes faik, and that his Maiefteis innocencie may be knawin to all the world: Bot allace! what vnhappie man was I, that my devilisch affectioun and erroneous course fould haif led to ony thing sould haif offendit my moft gracious Souerane! Micht nocht his Maiefteis rair pietie, finguler wisdome, and vnfpotted finceritie, in all his actiones, whearof I had fo long experience, taucht me, that quhen his Maieftie was vnwilling, and did refuis fuche ane cruikit wordli3 course, the event of it could nocht prove bot vnhappie! Thairfoir, fince his Maiefteis foule is frie of it, let no pairt of the stayne ly vpone his Maiefteis honour; bot, geue1 his Maieftie can nocht vtherwayis be liberat of this imputatioun brocht vpone his Maieftie by that devillisch Letter, let naper my lyfe, my eftait nor credeit be spared; bot, as I haif all by his Maiefteis fauour, fo, let all go, to the last drope of my bloode, befoir any reproche for my most haynous offence fould be broght vpone his innocent Maieftie: Bot my miferie, aboue all, is pe gritter, that it behoved me 2 The Prodigal Son in the Parable. 3 Worldly. Gif, if.

Suitor.

offend evin in that point whairin his Maieftie hes ever bene moft tender, his confcience, which for ane thowfeand kingdomes he wald nocht hurt, and his reputatioun for finceir deilling, quhilk hes maid him famous throw all the world! In all theafe, his Maiefteis extraordiner delyuerances, miraculouslie wrocht be God, for no cause so muche as for his Maicfteis incomparable finceritie of heart to God, and just dealing to all the world. My Lordis, it fall nocht be neceffar to tranfmit my Confeffioun to Scotland, or to remit my judgement or tryell pair, fence for my offence, and his Maiefteis difpleafour confauit pairupoun, I haif abfolutelie fubmitted my felf in his Maiefteis royall will. I raper' my life and all war takin, befoir I fould ly ony longer vnder this moft importable burding of his Maiefteis heavie difpleafour. Thairfoir, my humbill fute to 3our lordfchipis is, that 3e will, in commiferatioun of my miferable eftait, move his Maieftie to be plesed to luike vpone my Confeffioun, accept my becoming in will, and but3 more delay, declair what oucht be done for reparatioun of his Maiesteis honour, which, to my greit greif, is tuiched be my moft haynous offence; which, in all reuerance and humilitie, evin with the laft drope of my bloode, I will obey and performe.

Followis the tennour of the

J. BALMERINOT.

LETTER Send be HIS MAIESTIE to my LORD ADUOCAT, anent THE CONFERENCE betuix his Maieftie and the Lord Balmerinoche, befoir the cheffing of his hiegnes fubfcriptioun to the LETTER to the POPE.

TO OUR truftie and weilbelouit Counfalour, SIR THOMAS HAMMILTOUN

of Bynnie, knyt, our Aduocat, in that our Kingdome of Scotland,

JAMES R.

pur

TRUSTIE and weil belouit counfalour, Wee greit 30w weill. Quhairas, We haif concludit to haif þe Lord Balmirrenoche tryed before certane our Juftices, by Commiffioun, vpoun that his most treffonabill and damnabill fact, committed by him, in the thifteous purcheffing and fteilling throwch of Letteris, vnder our hand, directed to THE POPE OF ROME; We nocht being of pe knawledge pairof; bot vtherwayis, vpoun his moving of pat mater vnto ws, wer altogidder difaffenting pairfrome: We haif thocht mete, (for 3our better informatioun and gritar licht in pis matter, and to pe effect that 30w may pairvpoun ground 3our Dittay, and in his accufatioun vrge the fame as ane particular evidence of his giltines heirin,) to fett doun, fo far as our memorie can ferue, the verie wordis of pe Conference paft betuix ws att pat tyme, quhen he moved ws for pat Letter, quhich fo falflie and vndewtiefullie, without our knawlege, he thaireftir purchest to be past our hand, about fum nyne or ten zeiris ago. One day, he infifted that We wald be pleased to wryte a Recommendatioun to pe Pope, in favouris of pe Bifchop of Vaizon, with a request for promoving of him to pe hatt:5 He than schewit vnto ws, that by the vther his continewall stay att Rome, and by reasoun of the aduerteismentis he wald mak from tyme to tyme, he wald ferue for a fpie to acquent ws with quhat courses they had there; and that therewith, it wald be a greit credite to pe Natioun to haif thair countreymen Cardinallis: At quhich tyme We schewed vnto him, that We could nocht, in confcience, zeild vnto pe Pope thais tytillis quhich he did affume vnto him felff; and that We wald nocht, for any warldlie respect, do that, quhairof We had no warrand in confcience: The wryting to pe Pope, in such soirt as he wald accept pairof, being vnlauchfull for ony trew Criftiane: Vnto pe qubich, We do perfytelie reme aber, that he did then anfuer, that nochtwithstanding quhatfoevir fchew of difcontentment We vterit aganis Puritanis, he could perceave no thing but We wald turne more preceife than any of pame, quha for such a small mater as a naked Letter of Recommendatioun fould be so squeamisch and nice. He farther added, att pe fame tyme, that We fould nocht cair quhat wer done pairin; bot willit ws to leue to Sir Edward 1 I would rather that my life, &c. 2 Unbearable, intolerable. 3 Without farther delay. ♦ Procuring. • Viz. By the uninterrupted residence of the Bishop of Vaizon at Rome, &c.

A Cardinal's hat.

VOL. II.

4 D