My very good Lord, – After my humble commendations, it may please your Lordship that the causes of the sorrowful widow, and orphants, by Almighty God recommended to the superior powers, together with the firm confidence my late husband, the Laird of Ledington, put in your Lordship's only help is the occasion, that I his desolat wife (though unknown to your Lordship), takes the boldness by these few lines, to humblie request your Lordship, that as my said husband being alive expected no small benefit at your hands, so now I may find such comfort, that the Queen's Majestie, your Sovereign, may by your travell and means be moved to write to my Lord Regent of Scotland, that the body of my husband, which when alive has not been spared in her hieness' service, may now, after his death, receive no shame, or ignominy, and that his heritage taken from him during his lifetime, now belonging to me and his children, that have not offended, by a disposition made a long time ago, may be restored, which is aggreeable both to equity and the laws of this realme; and also your Lordship will not forget my husband's brother, the Lord of Coldingham, ane innocent gentleman, who was never engaged in these quarrels, but for his love to his brother, accompanied him, and is now a prisoner with the rest, that by your good means, and procurement, he may be restored to his own, by doing whereof, beside the blessing of God, your lordship will also win the goodwill of many noblemen and gentlemen.74
Burleigh lost no time in laying the widow's petition before Elizabeth, and on the 19th of July a letter written at Croydon was dispatched to the Regent Morton: "For the bodie of Liddington, who died before he was convict in judgment, and before any answer by him made to the crymes objected to him, it is not our maner in this contrey to show crueltey upon the dead bodies so unconvicted, but to suffer them streight to be buried, and put in the earth. And so suerly we think it mete to be done in this case, for (as we take it) it was God's pleasure he should be taken away from the execucion of judgment, so we think consequently that it was His divine pleasure that the bodie now dead should not be lacerated, nor pullid in pieces, but be buried like to one who died in his bed, and by sicknes, as he did."75
Such a petitioner as the Queen of England was not to be denied, and Maitland's body was allowed the rites of burial. The other penalties which he had incurred by his treason – real or supposed – were not remitted. An Act of Parliament was passed "for rendering the children, both lawful and natural, of Sir William Maitland of Lethington, the younger, and of several others, who had been convicted of the murder of the King's father, incapable of enjoying, or claiming, any heritages, lands, or possessions in Scotland".
The widow herself was also subjected to petty annoyances at the instigation of Morton. She was called upon to restore the jewels which her royal mistress had given her as a free gift, and in particular, "one chayn of rubeis with twelf markes of dyamontis and rubeis, and ane mark with twa rubeis".76 Even her own relatives seemed to have turned against her in her distress. In a letter written in French to her sister-in-law, Isabel, wife of James Heriot of Trabroun, she refers to some accusation brought against her by her husband's brother, Coldingham – the same for whom she had interceded in her letter to Burleigh – and begs to be informed as to the nature of the charge made to the Regent, "car ace que jantans il me charge de quelque chose, je ne say que cest".77 The letter bears no date, but seems to have been penned when the writer's misery was at its sorest, for it concludes with an earnest prayer that patience may be given her to bear the weight of her misfortunes.
Better days, however, were yet in store for the much-tried Mary Fleming, for in February, 1584, the "relict of umquhill William Maitland, younger of Lethington, Secretare to our Soverane Lord", succeeded in obtaining a reversion of her husband's forfeiture. In May of the same year,78 the Parliament allowed "Marie Flemyng and hir bairns to have bruik and inioy the same and like fauour, grace and priuilege and conditioun as is contenit in the pacificatioun maid and accordit at Perthe, the xxiii day of Februar, the yeir of God Im Vc lxxxij yeiris".
With this document one of the four Marys disappears from the scene. Of her later life we have no record. That it was thoroughly happy we can scarcely assume, for we know that her only son James died in poverty and exile.
MARY LIVINGSTON
Mary Livingston, or, as she signed herself, Marie Leuiston, was the daughter of Alexander, fifth Lord Livingston. She was a cousin of Mary Fleming's, and, like her, related, though more distantly, to the sovereign. When she sailed from Scotland in 1548, as one of the playmates of the infant Mary Stuart, she was accompanied by both her father and her mother. Within a few years, however, she was left to the sole care of the latter, Lord Livingston having died in France in 1553. Of her life at the French Court we have no record. Her first appearance in the pages of contemporary chroniclers is on the 22nd of April, 1562, the year after her return to Scotland. On that date, the young Queen, who delighted in the sport of archery, shot off a match in her private gardens at St. Andrews. Her own partner was the Master of Lindsay.79 Their opponents were the Earl of Moray, then only Earl of Mar, and Mary Livingston, whose skill is reported to have been – when courtesy allowed it – quite equal to that of her royal mistress.
The next item of information is to be found in the matter-of-fact columns of an account book, in which we find it entered that the Queen gave Mary Livingston some grey damask for a gown, in September, 1563,80 and some black velvet for the same purpose in the following February.81 Shortly after this, however, there occurred an event of greater importance, which supplied the letter-writers of the day with material for their correspondence. On the 5th of March, 1564, Mary Livingston was married to James Sempill, of Beltreis. It was the first marriage amongst the Marys, and consequently attracted considerable attention for months before the celebration. As early as January, Paul de Foix, the French Ambassador, makes allusion to the approaching event: "Elle a commencé à marier ses quatre Maries", he writes to Catharine de' Medici, "et dict qu'elle veult estre de la bande".82 In a letter, dated the 9th of the same month, Randolph, faithful to his habit of communicating all the gossip of the Court in his reports to England, informs Bedford of the intended marriage: "I learned yesterday that there is a conspiracy here framed against you. The matter is this: the Lord Sempill's son, being an Englishman born, shall be married between this and Shrovetide to the Lord Livingston's sister. The Queen, willing him well, both maketh the marriage and indoweth the parties with land. To do them honour she will have them marry in the Court. The thing intended against your lordship is this, that Sempill himself shall come to Berwicke within these fourteen days, and desire you to be at the bridal."83 Writing to Leicester, he repeats his information: "It will not be above 6 or 7 days before the Queen (returning from her progress into Fifeshire) will be in this town. Immediately after that ensueth the great marriage of this happy Englishman that shall marry lovely Livingston."84 Finally, on the 4th of March, he again writes: "Divers of the noblemen have come to this great marriage, which to-morrow shall be celebrated".85 Randolph's epistolary garrulity has, in this instance, served one good purpose, of which he probably little dreamt when he filled his correspondence with the small talk of the Court circle. It enables us to refute a calumnious assertion made by John Knox with reference to the marriage of the Queen's maid of honour. "It was weill knawin that schame haistit mariage betwix John Sempill, callit the Danser, and Marie Levingstoune, surnameit the Lustie."86 Randolph's first letter, showing, as it does, that preparations for the wedding were in progress as early as the beginning of January, summarily dismisses the charge of "haste" in its celebration, whilst, for those who are familiar with the style of the English envoy's correspondence, his very silence will appear the strongest proof that Mary's fair fame was tarnished by no breath of scandal. The birth of her first child in 1566, a fact to which the family records of the house of Sempill bear witness, establishes more irrefutably than any argument the utter falsity of Knox's unscrupulous assertion.
John Sempill, whose grace in dancing had acquired for him the surname which seems to have lain so heavily on Knox's conscience, and whose good fortune in finding favour with lovely Mary Livingston called forth Randolph's congratulations, was the eldest son of the third lord, by his second wife Elizabeth Carlyle of Torthorwold. At Court, as may have been gathered from Randolph's letters, he was known as the "Englishman", owing to the fact of his having been born in Newcastle. Although of good family himself, and in high favour at Court, being but a younger son he does not seem to have been considered on all hands as a fitting match for Mary Livingston. This the Queen, of whose making the marriage was, herself confesses in a letter to the Archbishop of Glasgow, reminding him that, "in a country where these formalities were looked to", exception had been taken to the marriage both of Mary and Magdalene Livingston on the score that they had taken as husbands "the younger sons of their peers —les puînés de leurs semblables".87 Mary Stuart seems to have been above such prejudices, and showed how heartily she approved of the alliance between the two families by her liberality to the bride. Shortly before the marriage she gave her a band covered with pearls, a basquina of grey satin, a mantle of black taffety made in the Spanish fashion with silver buttons, and also a gown of black taffety. It was she, too, who furnished the bridal dress, which cost £30, as entered in the accounts under date of the 10th of March: —
Item: Ane pund xiii unce of silver to ane gown of Marie Levingstoune's to her mariage, the unce xxv s. Summa xxx li.
The "Inuentair of the Quenis movables quhilkis ar in the handes of Seruais de Condy vallett of chalmer to hir Grace", records, further, that there was "deliueret in Merche 1564, to Johnne Semples wiff, ane bed of scarlett veluot bordit with broderie of black veluot, furnisit with ruif heidpece, thre pandis, twa vnderpandis, thre curtenis of taffetie of the same cullour without freingis. The bed is furnisit with freingis of the same cullour." To make her gift complete, the Queen, as another household document, her wardrobe book, testifies, added the following items: —
Item: Be the said precept to Marie Levingstoun xxxi elnis ii quarters of quhite fustiane to be ane marterass, the eln viii s. Summa xii li xii s.
Item: xvi elnis of cammes to be palzeass, the eln vi s. Summa iiij li xvj s.
Item: For nappes and fedders; v li.
Item: Ane elne of lane; xxx s.
Item: ij unce of silk; xx s.
The wedding for which such elaborate preparation had been made, and for which the Queen herself named the day, took place, in the presence of the whole Court and all the foreign ambassadors, on Shrove Tuesday, which, as has already been mentioned, was on the 5th of March. In the evening the wedding guests were entertained at a masque, which was supplied by the Queen, but of which we know nothing further than may be gathered from the following entry: —
Item: To the painter for the mask on Fastionis evin to Marie Levingstoun's marriage; xij li.88
The marriage contract, which was signed at Edinburgh on the Sunday preceding the wedding, bears the names of the Queen, of John Lord Erskine, Patrick Lord Ruthven, and of Secretary Maitland of Lethington. The bride's dowry consisted of £500 a year in land, the gift of the Queen, to which Lord Livingston added 100 merks a year in land, or 1000 merks in money. As a jointure she received the Barony of Beltreis near Castle Semple, in Renfrewshire, the lands of Auchimanes and Calderhaugh, with the rights of fisheries in the Calder, taxed to the Crown at £18, 16s. 8d. a year.89
A few days after the marriage, on the 9th of March, a grant from the Queen to Mary Livingston and John Sempill passed the great seal. In this official document she styles the bride "her familiar servatrice", and the bridegroom "her daily and familiar serviter, during all the youthheid and minority of the said serviters". In recognition of their services both to herself and the Queen Regent, she infeofs them in her town and lands of Auchtermuchty, part of her royal demesne in Fifeshire, the lands and lordships of Stewarton in Ayr, and the isle of Little Cumbrae in the Firth of Clyde.
After her marriage "Madamoiselle de Semple" was appointed lady of the bedchamber, an office for which she received £200 a year. Her husband also seems to have retained some office which required his personal attendance on the Queen, for we know that both husband and wife were in waiting at Holyrood on the memorable evening of David Rizzio's murder. The shock which this tragic event produced on Mary was very great, and filled her with the darkest forebodings. She more than once expressed her fear that she would not survive her approaching confinement. About the end of May or the beginning of June, shortly before the solemn ceremony of "taking her chamber", she caused an inventory of her personal effects to be drawn up by Mary Livingston and Margaret Carwod, the bedchamber woman in charge of her cabinet, and with her own hand wrote, on the margin opposite to each of the several articles, the name of the person for whom it was intended, in the event of her death and of that of her infant. Mary Livingston's name appears by the side of the following objects in the original document, which was discovered among some unassorted law papers in the Register House, in August, 1854: —
Quatre vingtz deux esguillettes xliiij petittes de mesme facon esmaillez de blancq.
Une brodure du toure contenante xxv pieces esmaille de blanc et noir facon de godrons.
Vne brodeure doreillette de pareille facon contenante xxvij pieces esmaillees de blanc et noir.
Vne cottouere de semblable facon contenante lx pieces de pareille facon esmaillee de blanc et noir.
Vng carcan esmaille de blanc et noir contenant dixsept pieces et a chacune piece y a vng petit pandant.
Vne chesne a saindre de semblable facon contenante liiij pieces esmaillees de blanc et noir et vng vaze au bout.
Vne corde de coural contenante lxiij pieces faictes en vaze.
Vne aultre corde de coural contenante treize grosses pieces aussy en vaze.
Vne aultre corde de coural contenante xxxviij pieches plus petittes aussy en vaze.
Vng reste de patenostres ou il a neuf meures de perles et des grains dargent entredeux.
Vne saincture et cottouere de perles garnie bleu et grains noir faict a roisteau.
Item: haill acoustrement of gold of couter carcan and chesne of 66 pyecis.
Only on one occasion after this do we find mention of Mary Livingston in connection with her royal mistress. It is on the day following the Queen's surrender at Carberry, when she was brought back a prisoner to Edinburgh. The scene is described by Du Croc, the French Ambassador. "On the evening of the next day," he writes in the official report forwarded to his court, "at eight o'clock, the Queen was brought back to the castle of Holyrood, escorted by three hundred arquebusiers, the Earl of Morton on the one side, and the Earl of Athole on the other; she was on foot, though two hacks were led in front of her; she was accompanied at the time by Mademoiselle de Sempel and Seton, with others of her chamber, and was dressed in a night-gown of various colours."90
After the Queen's removal from Edinburgh the Sempills also left it to reside sometimes at Beltreis, and sometimes at Auchtermuchty, but chiefly in Paisley, where they built a house which was still to be seen but a few years ago, near what is now the Cross. Their retirement from the capital did not, however, secure for them the quietness which they expected to enjoy. They had stood too high in favour with the captive Queen to be overlooked by her enemies. The Regent Lennox, remembering that Mary Livingston had been entrusted with the care of the royal jewels and wardrobe, accused her of having some of the Queen's effects in her possession. Notwithstanding her denial, her husband was arrested and cast into prison, and she herself brought before the Lords of the Privy Council. Their cross-questioning and brow-beating failed to elicit any information from her, and it was only when Lennox threatened to "put her to the horn", and to inflict the torture of the "boot" on her husband, that she confessed to the possession of "three lang-tailit gowns garnished with fur of martrix and fur of sables". She protested, however, that, as was indeed highly probable, these had been given to her, and were but cast-off garments, of little value or use to anyone. In spite of this, she was not allowed to depart until she had given surety "that she would compear in the council-chamber on the morrow and surrender the gear".
Lennox's death, which occurred shortly after this, did not put an end to the persecution to which the Sempills were subjected. Morton was as little friendly to them as his predecessor had been. He soon gave proof of this by calling upon John Sempill to leave his family and to proceed to England, as one of the hostages demanded as security for the return of the army and implements of war, sent, under Sir William Drury, to lay siege to Edinburgh Castle.
On his return home, Sempill found new and worse troubles awaiting him. It happened that of the lands conferred upon Mary Livingston on her marriage some portion lay near one of Morton's estates. Not only had the Queen's gift been made by a special grant under the Great and Privy Seals, but the charter of infeofment had also been ratified by a further Act of Parliament in 1567, when it was found that the proposal to annul the forfeiture of George Earl of Huntly would affect it. It seemed difficult, therefore, to find even a legal flaw that would avail to deprive the Sempills of their lands and afford the Regent an opportunity of appropriating them to himself. He was probably too powerful, however, to care greatly for the justice of his plea. He brought the matter before the Court of Session, urging that the gift made by the Queen to Mary Livingston and her husband was null and void, on the ground that it was illegal to alienate the lands of the Crown. It was in vain that Sempill brought forward the deed of gift under the Great and Privy Seals, the judges would not allow his plea. Thereupon Sempill burst into a violent passion, declaring that if he lost his suit, it would cost him his life as well. Whiteford of Milntoune, a near relative of Sempill's, who was with him at the time, likewise allowed his temper to get the better of his discretion, and exclaimed "that Nero was but a dwarf compared to Morton". This remark, all the more stinging that it was looked upon as a sneer at the Regent's low stature, was never forgiven. Not long after the conclusion of the lawsuit, both Sempill and Whiteford were thrown into prison on a charge "of having conspired against the Regent's life, and of having laid in wait by the Kirk, within the Kirkland of Paisley, to have shot him, in the month of January, 1575, at the instigation of the Lords Claud and John Hamilton". After having been detained in prison till 1577, John Sempill was brought up for trial on this capital charge. His alleged crime being of such a nature that it was probably found impossible to prove it by the testimony of witnesses, he was put to the torture of the boot, with which he had been threatened on a former occasion. By this means sufficient was extorted from him to give at least a semblance of justice to the sentence of death which was passed on him. In consideration of this confession, however, the sentence was not carried out. Ultimately he was set at liberty and restored to his family. His health had completely broken down under the terrible ordeal through which he had gone, and he only lingered on till the 25th of April, 1579.
Of Mary Livingston's life after the death of her husband but little is known. From an Act of Parliament passed in November, 1581, it appears that tardy justice was done her by James VI, who caused the grants formerly made to "umquhile John Semple, of Butress, and his spouse, to be ratified". Her eldest son, James, was brought up with James VI, and in later life was sent as ambassador to England. He was knighted in 1601. There were three other children – two boys, Arthur and John, and one girl, Dorothie.
The exact date of Mary Livingston's death is not known, but she appears to have been living in 1592.