a prisoner deceive his keepers Concerning the intelligence he kept with forain Princes for the entertaining of civil peace that he did not think the Assembly would disallow it seeing diversity of Religion made not leagues of friendship unlawful And that they should meddle with the choice of his servants he held it strange This he hoped they would remit to himself and not to be too curious in examining the occasions of their placing or displacing And where they complained that since his accepting of the government the liberties of the Church had been refringed he said that since that time more good and profitable lawes had been made for the advancement of true Religion then ever before and if any thing lacked in the execution the fault was not his For that which concerned the Church rents he answered that those things must be helped in Parliament and that he should assist the reformation thereof at his power As for the punishment of the abominations mentioned that the fault could not be imputed to him sith he was willing to give Commission to such as the Ministers should judge most fit for the execution of lawes And for Ecclesiastical Acts which his authority was said to impede he knew none of late onely he had stayed the remove of Mr. Alexander Arbuthnet from the Colledge of Aberdene to be Minister of S. Andrews which being rightly considered would not be found prejudicial to the Church nor impertinent for him to deal in Lastly for the murmur of people perverting of lawes and difference amongst the Nobility his Majesty said that he was ready to hearken to any good advice for reformation of that which should be found amisse The answers all most reasonable and proceeding from the King ought to have been well taken but the discontent they had received for the late change in Court made every thing distasteful and still the displeasure betwixt the King and Church did grow as we shall hear In the beginning of November Lodowick eldest son to the late Duke of Lennox arrived at Leth and was conveyed by the Earls of Huntley Crawford and Montross to the King who lay then at Kinneill Soon after the advertisement of the Noblemans death the King had sent the Master of Gray into France to bring home all his children But Lodowick excepted who then was 13. years of age the rest were young and not able to indure so long a journey The King receiving him with great expressions of love did presently invest him in his Fathers lands and honours committing the trust of his affairs to the Earl of Montrosse till he should grow up to maturity for his education in letters Mr. Gilbert Moncreef the King his principal Physician was appointed to attend him a man wise and of good learning Some years after two of his sisters were brought into the countrey Henrietta the eldest was married to George Earl of Huntley Mary the younger of the two to Iohn Earl of Marre to the third the King had provided an honourable match but she having vowed her self to God would not be wonne from the Cloyster by any perswasion a younger son came to the King after he went into England and was by him advanced to great honours Thus the untimely losse of their Father did turn to the childrens benefit by the constant and unmatchable kindness of a loving King In the countrey matters grew daily more and more troubled Those that disobeyed the charges given them for entering in Ward pretended the time assigned for their entry to have been so short and the distance of the place so great as there was no possibility in them to obey yet under hand they were still seeking to strengthen themselves and associate others to be of their faction To take from them this pretext the first of December was allowed them for their entring in Ward and so many as should find surety to obey had favour promised them The Laird of Braid Colluthy Mr. David Lindesay and Mr. Andrew Hay were licenced also to conferre with them and with all that had any part in the attempt of Ruthven for informing them of his Majesties gracious inclination towards all of that number who should acknowledge their offence and live obedient and peaceably from thenceforth But little or nothing was wrought this way whereupon the King took purpose to convene the Estates this 17th of December and having exponed his whole proceeding in that business an Act was passed by an universal consent of this tenour Albeit the late surprise and restraint of our person perpetrated in August bygone a year was a crime of laesae Majestatis hainous in it self of dangerous sequel and most pernicious example meriting the more severe punishment because the committers thereof for the most part besides the allegiance and common duty of subjects were specially bound to us by particular favours and benefits bestowed on them yet out of our natural disposition to clemency we resolved to reduce them by all gentle means to their duties and not only forbare to use them with rigour but made offer of pardon and mercy to such as would acknowledge their offence and continue thereafter in a dutiful obedience satisfying our selves with that moderate declaration which tended not in any sort to their detriment and prorogating days and moneths to see what they could perform Hereof we gave our promise to the Queen of England which was certified to them by divers and of late by certain Ministers and well disposed Gentlemen whom we licenced to conferre with them for perswading them of our sincere meaning behaving our selves in all this as a kind Father that seeketh to recover his children and not as a Prince that respected his estate But our lenity not having produced the effects which were wished we took counsel to assemble our Estates and make them witnesses of our clemency whatsoever might happen to their persons hereafter and now by their advice we have determined to prosecute with all rigour such of that number as shall continue in their disobedience and shall not embrace the offers of pardon made unto them In the execution whereof our Nobility and Estates convened have solemnly promised their assistance and for the greater authority both We and our said Estates have subscribed this Act with our hands Further by their advice We have ordained and ordain the Act of Councel past in October 1582. touching the attempt at Ruthven to be delete forth of the Books inhibiting all and sundry of whatsoever estate quality and degree to allow by word writing or otherwise the foresaid fact which We being now at liberty and our Estates have so publickly condemned This Act made the Earl of Rothes protested that his subscription to the Act in October 1582. approving the attempt of Ruthven for good service should not be laid to his charge seeing he did the same unwillingly and by his Majesties special command and direction like as soon after the
delation only it served to discover the falshood of the suborner In December following a Parliament was held at Linlithgow for ratifying the peace and abolishing the memory of things past In this meeting the Ministers who returned in company of the Lords did earnestly urge the repealing of the Acts concluded the year preceding against their discipline which the King did utterly refuse ordaining that none should either publickly declare or privately speak or write in reproach of his Majesties person estate or government as is to be seen in the first Act of the parliament The Ministers offending greatly therewith especially with the Lords who had promised to see these Statutes repealed stirred up one Mr. William Watson in his preaching before the King to complain of the neglect that was made of the Church and condemn the acts above mentioned This young man the Bishop of S. Andrews had placed in Edinburgh after the departing of the Ministers of England and he to this time had carried himself very orderly but now either fearing that his admission by the Bishop should be questioned or to insinuate himself this way in the favours of the Ministers who he thought would rule all matters of Church as they pleased he took the boldnesse to reprove the King to his face This his unseasonable and insolent doing was by all wisemen condemned and he therefore committed to the Castle of Blacknesse Notthelesse another of the same humour called Iames Gibson Minister at that time at Pencaitland usurping the Pulpit at Edinburgh where the sicknesse was somewhat relented fell out in the like impertinent railing saying That Captain James with his Lady Jesabel and William Stewart meaning the Colonel were taken to be the persecutors of the Church but that now it was seen to be the King himself against whom he denounced the curse that fell on Jeroboam That he should die childless and be the last of his race This man called before the Councel confessed the speeches and proudly maintained the same for which he was likewise committed Watson upon promise to amend and behave himself more dutifully was suffered to return to his charge but the businesse with the other lasted to a longer time as we will afterwards hear A few days before this Parliament deceased Mr. Iohn Spottiswood Superintendant of Lothian a sonne of the house of Spottiswood in the Mers within the Barony of Gordon of which Surname it seems his first progenitors were by the armes they have common with the Gordons his Father was killed at Floudon in the unfortunate battel wherein King Iames the fourth died and he left an Orphane of four years old When he was come to some years his friends put him to Schoole in Glasgow where he took the degree of a Master of Arts and having a purpose to study Divinity which he most affected was wholly diverted from following the same by the perfecutions he saw used against those they called hereticks So leaving the countrey he went into England and there falling in familiarity with Archbishop Cranmer was by his means brought to the knowledge of the truth Soon after the death of King Iames the fifth he returned to Scotland and stayed a long time with Alexander Earl of Glencarne who was known to be affected that way In his company he came to be acquainted with Matthew Earl of Lennox and was by him imployed towards Henry the eighth at the time that France did cast him off by the Cardinals dealing as we touched before Matters succeeding to the Earl of Lennox his mind and he setled in England he remained with him some moneths after which longing to visit his friends he returned and being known to Sir Iames Sandylands of Calder a man of great authority in those times he was by him allowed to accept the Parsonage of Calder which fell then void And living sometimes with him sometimes with the Prior of S. Andrews in whose company he went to France at the time of the Queens marriage he made no great stay in any one place till the work of reformation began at which time he took himself to reside in Calder and was how soon those troubles ended chosen Superintendent of the Churches of Lothian Mers and Tiviotdale which by the space of 20. years he governed most wisely his care in teaching planting of Churches reducing people and persons of all sorts into the right way was great and so successful as within the bounds of his charge none was found refractary from the Religion professed In his last days when he saw the Ministers take such liberty as they did and heard of the disorders raised in the Church through that confused parity which men laboured to introduce as likewise the irritations the King received by a sort of foolish Preachers he lamented extremely the case of the Church to those that came to visit him who were not a few and of the better sort he continually foretold That the Ministers by their follies would bring Religion in hazard and as he feared provoke the King to forsake the truth Therefore wished some to be placed in authority over them to keep them in awe for the doctrine said he we profess is good but the old policy was undoubtedly the better God is my witness I lie not And that these were his ordinary speeches some two years before his death many then alive could witnesse He was a man well esteemed for his piety and wisdome loving and beloved of all persons charitable to the poor and careful above all things to give no man offence His happy life was crowned with a blessed death which happened the 5. of December 1585. in the 76. year of his age But to turn to the history the King having setled with the Noblemen was very desirous to be at rest with the Church and for that effect called some of the principal Ministers to a conference wherein certain Articles were agreed for the better ordering of the Ecclesiastical affairs the full determination thereof being remitted to the general Assembly of the Church which was appointed to meet at Edinburgh the tenth of May following In the mean time Maxwel puffed up with the victory at Striveling the praise whereof he ascrived wholly to himself grew so insolent as that the next Christmas taking with him a company of lewd and dissolute persons he went in procession from Dumfreis to the Colledge Church of Lincluden and caused a Masse to be said complaint being made to the King he was brought before the Councel and committed to the Castle of Edinburgh where he remained some moneths This gave occasion to the Proclamations which followed against Priests Jesuits and traffiquing Papists who were all commanded to leave the countrey before a certain day under pain of death Whilest these things were a doing Mr. Andrew Melvil to be revenged of Saint Andrews who had devised as he imagined the Acts made in the parliament 1584. and penned the
upon the Gates take the keyes from the Porter and go after that to the Kings Chamber and make him sure Within the Palace were divers privy to the conspiracy especially Colonell William Stewart Iohn Neswith Chirurgeon to the King and Iames Dowglas of Spot who was brought to take part in that enterprise by this occasion Some days before it happened George Home of Spot his father in law to be killed by certain Mersemen of the surname of Home and Craw. Sir George Home Nephew to Spot and one of the masters of the Kings Esquiry did charge Iames Dowglas as author or accessary to the murther because of a fear he had conceived that his Father in law should by a new right possess his Nephew Sir George in some part of the lands to which he had right by his mariage upon this suspicion three of his servants were apprehended and detained prisoners within the Palace till they should be tryed by torture The Chancellor on whom Iames Dowglas depended laboured all he could to free his servants from that extraordinary form of trial but the presumptions being pregnant the King would have them to be tortured which when Spot understood and saw that the same would not be eschewed he thrust himself desperately in the action which but a few hours before was communicated to him by one of the Associates This fell out happily for the King and was it that marred the whole conspiracy for when Bothwell with his company had entred by the way named and was come to the inner Court of the Palace Iames Dowglas that minded nothing but the relief of his servants drew a number to break open the doors where they were detained and by the noise thereof all in the palace were put upon their guard The King was then at supper and being told that armed men were in the nether Court leaving the rooms wherein he lodged went up to the Tower as to a place of greater surety Bothwell having directed some to enclose the Chancellors lodgings lest he should escape made towards the Queens rooms where he expected to find entry and perceiving all shut upon him called to bring fire But ere they could find any Sir Iames Sandilands one of his Majesties chamber who had supped without the palace with a number of the people of Edinburgh entring by the Church of Halirud-house did beat him and his company from the doors and was in possibility to have taken them all if there had been any lights but those being all extinguished Bothwell with the principals of his company made shift in the dark and escaped returning by the same way that he entred in his out-going he was encountred by a Gentleman of the Esquiry named Iohn Shaw whom he killed with a Pistoll yet lost some nine of his followers men of small note who were executed the next morning The enterprise thus defeated Bothwell went into the North looking to be supplyed by the Earl of Murray his Cousen germane which the King suspecting Andrew Lord Ochiltry was sent to bring Murray unto the South of purpose to work a reconcilement betwixt him and Huntly But a rumour being raised in the mean while that the Earl of Murray was seen in the Palace with Bothwell on the night of the enterprise the same was entertained by Huntly who waited then at Court to make him suspected of the King and prevailed so far as he did purchase a Commission to apprehend and bring Murray to his triall The Nobleman not fearing that any such course should be used was come to Dunybirsill a house situated on the north side of Forth and belonging to his mother the Lady Downe Huntly being advertised of his coming and how he lay there secure accompanied onely with the Sheriffe of Murray and a few of his own retinue went thither and beset the house requiring him to render The Earl of Murray refusing to put himself in the hands of his enemy after some defence made wherein the Sheriffe was killed fire was set to the house and they within forced by the violence of the smoak and flame to come forth The Earl stayed a great space after the rest and the night falling down ventured among his Enemies and breaking through the midst of them did so farre out-run them all as they supposed he was escaped yet searching him among the rocks he was discovered by the tip of his head-peece which had taken fire before he left the house and unmercifully slain The report went that Huntlies friends fearing he should disclaim the fact for he desired rather to have taken him alive made him light from his horse and give some stroaks to the dead corps This done Gordon of Buckie was dispatched to advertise the King what had happened and Huntly himself took journey Northwards in such hast as he left Captain Gordon his Cousen that was lying on the ground wounded behinde him This Captain was brought the next day to Edinburgh and publickly executed The death of the Nobleman was universally lamented and the clamours of the people so great especially against the Chancellor upon whom all the blame was laid that the King not esteeming it safe to abide at Edinburgh removed with the Councell to Glasgow where he remained untill Huntly did enter himself in Ward in Blackness as he was charged But he stayed not there many dayes being dimitted upon Caution to answer before the Justice whensoever he should be called The corps of the Earl and Sheriffe of Murray were brought to the Church of Leth in two coffines and there lay diverse Moneths unburied their friends refusing to commit their bodies to the earth till the slaughter was punished Nor did any man think himself so much interessed in that fact as the Lord Ochiltry who had perswaded the Earl of Murray to come south whereupon he fell afterwards away to Bothwell and joyned with him for revenge of the Murther The Parliament which had been now twice prorogated did keep in the moneth of Iune In behalf of the Church it was there petitioned 1 That the Acts of Parliament made in the year 1584. against the Discipline of the Church and liberty thereof should be abrogated and annulled and a ratification granted of the discipline whereof they were then in practise 2. That the Act of annexation should be repealed and restitution made of the Churches Patrimony 3. That the Abbots Priors and other Prelates bearing the titles of Churchmen and giving voice for the Church without any power and Commission from the Church should not be admitted in time coming to give voice in Parliament or conveen in their name And 4. That a solid order might be taken for purging the Realm of idolatry and blood wherewith it was miserably polluted The second and third Petitions rejected consultation taken about the other two and satisfying the last it was condescended That saying of Masse receiving of Iesuits Seminary Priests and trafficking Papists against the Kings Majesty and
Wedderburne Merchants or any twelve of them to assemble and convene themselves after the ending of the present Session of Parliament and before the next Session thereof at such time and in such place as it should please his Majesties to appoint with certain selected Commissioners nominated and authorized by the Parliament of England according to the tenour of their Commissions in that behalf to conferre treat and consult upon a perfect union of the realms of Scotland and England and concerning such other matters things and causes whatsoever tending to his Majesties honor and contentment and to the weal and tranquillity of both the Kingdomes during his Majesties life and his royall posterity for ever as upon mature deliberation the greater part of the said Commissioners assembled as is aforesaid with the Commissioners authorized by the Parliament of England shall in their wisdome think most expedient and necessary not derogating from any fundamentall Lawes ancient priviledges and rights offices dignities and liberties of the Kingdome This last clause was added because of the narrative of the English Act wherein it was said That it was not his Majesties mind to alter or innovate the fundamentall lawes priviledges and good customes of the Kingdome of England by the abolishing or alteration whereof it was impossible but that a present confusion should fall upon the whole state and frame of that Kingdome In all other things the Statute in substance was the same with the English Soon after this the King resolving to have Westminster at London the place of the meeting letters were directed to the Noblemen and others nominated for Scotland willing them to addresse themselves to the journey and to be ready to meet with the other Commissioners the 20 of October and lest any disorder should fall out in the absence of the Chancellor and others of the Councell the Lord Newbottle was appointed to attend and reside in Councell unto their return The day and place of meeting was precisely observed by the Commissioners of both Kingdomes who after many dayes conferences agreed unto certain Articles to be presented to his Majesty and to the Courts of Parliament of both Kingdomes there to receive such strength and approbation as in their wisdomes should seem expedient the Articles were as followeth It is agreed by the Commissioners of England and Scotland to be mutually proponed to the Parliament of both realms at the next Sessions That all hostile lawes made and conceived expressely either by England against Scotland or Scotland against England shall in the next Sessions be abrogated and utterly extinguished It is also agreed that all Lawes Customes and Treaties of the Borders betwixt England and Scotland shall be declared by a generall Act to be abrogated and abolished and that the subjects on either part shall be governed by the Lawes and statutes of the Kingdomes where they dwell and the name of the Borders extinguished And because by abolishing the Border Lawes and Customes it may be doubted that the executions shall cease upon those sentences that have heretofore been given by the opposite Officers of those Borders upon wrongs committed before the death of the late Queen of happy memory It is thought fit that in case the Commissioners or Officers to be appointed by his Majesty before the time of the next Sessions of Parliament shall not procure sufficient redresse of such filed Bills and Sentences that then the said Parliaments may be moved to take such order as to their wisdomes shall seem convenient for satisfaction of that which hath been decerned by some Officers as also how disorders and insolencies may be hereafter repressed and the countrey which was lately of the Borders kept in peace and quietnesse in time to come As likewise to prescribe some order how the pursuits of former wrongs preceding the death of the late Queen and since the last treatise of the Borders in the years 1596 and 1597. which have never as yet been moved may be continued and prosecuted to a definitive sentence And forasmuch as the next degree to the abolition of all memory of hostility is the participation of mutuall commodities and commerce It is agreed first concerning importation of Merchandise into either realm from forein parts that whereas certain commodities are wholly prohibited by the severall lawes of both realms to be brought into either of them by the natives themselves or by any other the said prohibitions shall now be made mutuall to both and neither an English man bring into Scotland nor a Scotch man into England any of these prohibited Wares and Commodities Neverthelesse if the said Commodities be made in Scotland it shall be lawfull to bring them out of Scotland to England and so reciprocally of the Commodities made in England and carried to Scotland Whereas a doubt hath been conceived against the equall communication of trade betwixt English and Scottish subjects in matter of importation grounded upon some inequality of priviledges which the Scots are reported to have in forain parts and namely in France above the English whereby the English might be prejudged And that after a very deliberate consideration had of the said supposed inequalities both private and publick examination of divers Merchants of either side touching all liberties immunities priviledges imposts and paiments on the part of the English and on the part of the Scottish either at Burdeaux for their trade of wines or in Normandy or any other part of France for other Commodities it appeared that in the Trade of Burdeaux there was and is so little difference in any advantage of priviledges or immunities or in the imposts and paiments all being reckoned and well weighed on either side as it could not justly hinder the communication of trade In the trade of Normandy likewise or any other parts of France the advantage that the Scottish subjects by their priviledge is acknowledged to have is such as without much difficulty may be reconciled and reduced to an equality with the English by such means as is hereafter declared It is agreed that the Scottish men shall be free for the transporting of wine from Burdeaux into England paying the same customes and duties that the English men doe pay and the English men shall be likewise free for transporting of wine or other commodities from Burdeaux into Scotland paying the same Customes and duties that the Scottish men doe pay there And likewise for clearing and resolving the doubts touching the advantage that the Scots are supposed to have above the English in buying and transporting the commodities of Normandy and of other parts of the Kingdome of France excepting the buying of wine in Burdeaux which is already determined It is agreed that there shall be sent some meet and discreet persons into France two for either side to take perfect notice of any such advantage as either the English have above the Scots or the Scots above the English in the buying or
constitutions for the profit and good of the Countrey as in the Acts imprinted may be seen At the closing of the Parliament which was the fourth of August such abundance of rain with such thunderings and lightnings did fall as the Noblemen and others of the Estates were compelled to leave their horses and betake them to their Coaches which the factious sort did interpret to be a visible sign of Gods anger for ratifying the Acts of Perth others in derision of their folly said that it was to be taken for an approbation from heaven likening the same to the thunderings and lightnings at the giving of the law to Moses This was the last Parliament of King Iames in this Kingdome and that wherein he received greatest content for the Puritan faction had boasted that the Acts of Perth should never pass in a law so confident they were of their favourers in the Parliament house and now that they failed in their hopes he trusted they would become more wise But the King no less carefull to have the Acts obeyed then he was to have them pass in a law did commend the same by two severall letters to the Bâ—shops and Lords of the Councell To the Bishops he said That as they had to do with two sorts of enemies Papists and Puritans so they should go forward in Action both against the one and the other That Papistry was a disease of the minde and Puritanisme of the braine and the antidote of both a grave settled and well ordered Church in the obedience of God and their King whereof he willed them to be carefull and to use all means for reducing those that either of simplicity or wilfulness did erre In his letter directed to the Councel he put them in minde of that he had written in his Basilicon dorâ—n That he would have reformation begin at his own elbow which he esteemed the Privy Councel and Session with their members to be as having their places and promotions by him Therefore commanded them and every one of that number to conform themselves to the obedience of the orders of the Church now established by law which he trusted they would readily do otherwise if any Counsellor or Sessioner should refuse and make difficulty he did assure them that if within 14 dayes before Christmas they did not resolve to conform themselves they should lose their places in his service And if any Advocate or Clerk should not at that time obey they should be suspended from the exercises of their offices and the fees and casualities thereunto belonging unto such time as they gave obedience In the same letter he willed the Councell to take order That none should bear office in any Burgh nor be chosen Sheriffe Deputy or Clerk but such as did conforme themselves in all points to the said orders This letter was of the date At the Honour of Hampton the 29 of September 1621. By this may the Reader judge of that which hath been commonly affirmed That the Nobleman who was Commissioner should have promised at the passing of the Acts that none should be pressed with the obedience of them but all left to their own pleasures That his Majesty gave no such warrant it appears by the foresaid Letters and that the Nobleman would go an inch from that he was trusted with none that knew will believe The truth is that in most perswasive words and with that majesty which became the place he represented he did require them all to acquiesce and willingly obey the conclusions taken and not to draw upon themselves by their disobedience his Majesties anger assuring them in that case that his Majesty should not in his daies presse any more change or alteration in matters of that kinde without their own consents And this was all the Nobleman spake as divers yet living may remember In the beginning of the next year the Chancellor died at his house of Pinky neer to Mâ—silburgh in a good age and with the regrate of many for he exerced his place with great moderation and to the contentment of all honest men he was ever inclining to the Roman faith as being educated at Rome in his younger years but very observant of good order and one that hated lying and dissimulation and above all things studied to maintain peace and quietness Sir George Hay Clerk of Register being then at Court was preferred to the place and by his dismission Mr. Iohn Hamilton brother to the Earl of Hadington made Keeper of the Register About this time upon advertisements sent from England of the enlargement of certain Priests and Papists that were there imprisoned a rumour was dispersed that the King was inclining to a toleration of Popery and would grant liberty of conscience This rumour was increased by occasion of certain directions sent from the King to the Bishops of England for reforming certain abuses crept into the Church whereby the Preachers and Lecturers were commanded on Sundaies and Holy-daies in the afternoon to teach the Catechisme only or then some text taken out of the Creed the ten Commandements or Lords Prayer and in their preaching to abstain from handling the deep points of Predestination Reprobation Election the universality efficacy resistibility or irresistibility of Grace leaving these themes as fitter for the Schools then for simple auditors as likewise not to presume in any Lecture or Sermon to limit and bound by way of positive doctrine the power prerogative jurisdiction authority or duty of soveraign Princes or to meddle with matters of State having reference betwixt Princes and people otherwise then they were instructed and presidented in the Homily of Obedience and others of that sort set forth by publick authority These directions were interpreted to be a discharge of preaching at least a confining of Preachers to certain points of doctrine which they called a limiting of the Spirit of God and as people will ever be judging and censuring publick actions every one made the construction whereunto their humours did lead them The better and wiser sort who considered the present estate of things gave a farre other judgment thereof for as then the King was treating with the French King for peace to the Protestants in France and with the King of Spain for withdrawing his forces from the Palatinate at which time it was no way fitting that he should be executing the rigour of his laws against Papists at home while he did labour for peace to them of the Religion abroad the most likely way to obtain what he did seek of these Princes being a moderation of the severity of laws against Priests Papists at least for a time And as to the directions given to the Preachers the same they judged both necessary and profitable considering the indiscretion of divers of that sort who to make ostentation of their learning or to gain the applause of the popular would be medling with controversies they scarce understood and
sufficiently warranted fell to gather the voices of such as were present who all uniformly consented to her deprivation So by an Act and Decree of Councell wherein were reckoned out all the enormities alledged to have been committed by Queen Regent namely the pursuing of the Barons and Burgesses of the Realm with open hostility no proces nor order of law being first used nor they called and convict of any crime in lawful judgement The thrusting in of Magistrates upon people within Burghes against their liking and without any order of election The inbringing of forainers into the Realm without the advice and counsel of the Nobility The laying of Garisons in some Towns to the oppression of peaceable subjects The coyning of base money to the impoverishing of the country The placing of a stranger in one of the greatest offices within the Realm as the office of Chancellary which she had conferred to Monsieur Rubie a French man The sending of the great Seal forth of the Realm against the advice of the Councel The altering of the Lawes and Customes of the Realm especially in graces and pardons granted to the Lieges and the obstinate refusing of the Nobility and Barons their request when they sought redress of these evils they in name and by the authority of their Soveraigns did suspend the Commission granted to Queen Regent discharging her of all authority untill the next Parliament that should be called by their advice and consent Prohibiting likewise the officers and others serving her under colour of the said authority to exerce their offices from henceforth and to coyn either gold or silver without express consent of the Councel and Nobility conform to the lawes of the Realm This Act ordained to be published in all the head Burghes of the Kingdom was subscribed in this manner By us the Nobility and Commons of the Protestants of the Church of Scotland Assoon as this Act was by found of Trumpet proclaimed the Herald whom they had detained two dayes was dismissed with an answer conceived in this form By the letters and instructions you have sent by the Herald unto us we take up how ill you are set against God his truth the liberty of this our native countrey and the common good of all To defend these as in duty we are bound we in the name of our Soveraign Lord and Lady suspend your Commission and all administration publick which you thereby may pretend as being assured that your proceedings are direct contrary to their mindes which we know are inclined to the weal and common good of the countrey And seeing you refuse us who are natural born subjects of the Realm to be your Counsellors we will no longer acknowledge you for our Regent and lawful Magistrate considering the authority if any you have committed unto you by our Soveraignes is for most just and weighty reasons suspended by us in their name whose Counsellors we are by birth in these matters chiefly that concern the safety of the Commonwealth And howbeit we have determined with the hazard of our lives to set that Town at liberty wherein you have most injustly planted your mercenary souldiers and strangers yet for the reverence we bear unto you as being the mother of our Queen we earnestly beseech you to depart thence at this time when we constrained by publick necessity are by force of Armes to recover it We further request you to bring forth of the Town with your self all that carry themselves as Ambassadours and are come unto the countrey either for taking up of controversies or assisting the government of publick affaires within the space of twenty four houres and to cause the Captains Lieutenants and souldiers whose blood we would gladly spare because of the old amity and friendship betwixt us and the Realm of France which the marriage of our Soveraign Lady to that King ought rather to encrease then diminish to remove themselves within the same space This letter was subscribed By all the Nobility and Barons present the twenty third of October 1559. The 25. day of the same moneth was the Town summoned and all the Scots and French men of whatsoever state and degree commanded to leave the same within the space of 12. houres This denied and defiance given on both sides there followed some light skirmishings without any great slaughter The Lords had resolved to enter the Town by scalade and were preparing ladders for that use which being dressed in S. Giles Church did impede the ordinary meetings to Sermon and Prayer to the great offence to the Preachers who in their Sermons did sharply reprove that intermission of religious exercises foretelling that the enterprise could have no good successe which brought with it in the beginning such a neglect of God his service And so indeed it proved for upon the sudden they became so terrified as not only was that purpose of the scalade broken but very nigh they were to have utterly forsaken the cause The Duke grew fearful by the falling away of some to the Queen the souldiers mutinied in default of their pay they found their most secret counsels also disclosed and had lately intercepted letters with a servant of Iames Balfour as he was going to Leh giving intelligence of all their purposes These things with some others more did cast them in a great diffidence one of another But such as were of better courage taking counsel how to remedy those evils made it their first care to content the souldiers And because there was no way to do this but by present money it was devised that a collection should be made amongst the Lords and Barons by whom some being unprovided others nigardly disposed the summe could not be made up which was required Thereupon it was agreed that every Nobleman should give his silver plate to be coyned for supply of the present necessity But when that came to be done the irons and instruments of the Minthouse could not be found This failing their only hope of relief was from England and that they considered could not come in due time whereupon they resolved to use their private credit with Sir Ralph Sadler and Sir Iames Crofts who had the charge of the Town of Barwick and borrow of them some moneys In this businesse Sir Iohn Cockburn of Ormston was employed whose journey was not so closely carried but the Queen had notice both of it and his errand Thereupon she dealeth with the Earl of Bothwell to lie in Ormston his way and surprise him with the money at his return The Earl had but a few dayes before sworn solemnly to be no enemy to the Lords and had given hopes to joyn with them so as no danger was suspected from him yet not regarding his oath he came upon the Gentleman at unawares and after some wounds given him took him prisoner and robbed him of four thousand Crowns which he had received in loan The rumour hereof coming to the Lords the Earl
severe then of her own nature she was and led her into many errours of State neglecting the Natives and born Noblemen of the countrey and following the counsels of the French that attended her who making no conscience of their promises and minding nothing but the bringing of Scotland in subjection to France as they conceived things to serve unto their ends moved her to follow courses unsure and dishonourable Otherwise she was of a most milde disposition and was heard often to say That if her own counsel might take place she doubted nothing to compose all the dissensions within the Realm and settle the same upon good conditions in a perfect tranquillity The Author of the story ascrived to Iohn Knox in his whole discourse sheweth a bitter and hateful spite against her forging dishonest things which was never so much as suspected by any setting down his own conjectures as certain truths and misinterpreting all her words and actions yea the least syllable that did escape her in passion he maketh in an argument of her cruel and inhumane disposition but when he cometh to speak of her end he will have all her sickness and death though in none of the two there was any thing extraordinary to be the judgement of God inflicted upon her as if death and the ordinary visitations which bring death were not common to Princes as well as others Then for her burial because by direction of her friends and as some say at her own desire order was taken to carry her corps to the Abbey of Rhemes in Campaigne where her sister was Abbesse which of all necessity required a protraction of time he construed the delay to be the punishment of her inhumanity and the want of sepulchre in this Kingdom a prognostick of the short continuance of her race and the Guisian blood as he speaks in this Realm Pardon me good Reader for this digression To detract from the same of Princes and miscensure their words and actions favoureth of malice and no way becometh a Christian much lesse a Minister of Christ. Shortly after the death of Queen Regent truce was taken for hearing the Ambassadours sent from France and England who coming to Edinburgh entred into consultation first amongst themselves upon the best and easiest means to compose the present quarrels Then calling to them certain of the Scottish Nobility began to treat of the sending of the French souldiers forth of the Realm Wherein two difficulties occurred One was that the Commissioners of France did urge the retaining of a number of men of war in some sorts of the countrey for the King and Queen after peace was concluded The other that the companies that should be broken might depart unchallenged with all their baggage The Scottish Noblemen did oppose these desires esteeming it unreasonable that they should be suffered to depart before they gave satisfaction to those they had wronged And to place strangers in forts they thought it could not but breed trouble and occasion a new warre more dangerous then the present This contention held some dayes at last both parties wearying they were brought to agree upon the conditions following 1. That the French men of warre in the town of Leth should be sent home within the space of twenty dayes with bag and baggage and for their better transport should be furnished with ships of England they giving pledges for the safe return of the same 2. That Leth being rendered to the Lords of Scotland the walls thereof should be demolished as likewise the fortifications at Dumbar if so it should seem good to the Lords after they had viewed the same and that the King and Queen should make no new forts within the Realm nor augment these that were already made nor yet repair these that were demolished without counsel and consent of the Estates 3. That a Garison of threescore French men should be permitted to remain in the Castle of Dumbar and as many in the Isle of Inchkeeth untill the Estates should find means to maintain the said forts upon their own charges from all peril of forain invasion the said souldiers in the mean time living obedient to the lawes of the Realm and taking nothing from the subjects without paiment of ready money 4. That an Act of oblivion should be made for abolishing the memory of all injuries and wrongs attempted or committed against the lawes of the Realm since the sixth day of March 1558. untill the first of August 1560. which Act should be ratified in the next Parliament and confirmed by the Queen with consent of her husband 5. That a general peace and reconciliation should be made amongst the Lords and subjects of the Realm so as they who were called of the Congregation and they who were not of the same should bear no quarrel to others for any thing done since the sixth of March 1558. 6. That the King and Queen should not pursue revenge or suffer to be revenged any violence or injury that had been done since the said time nor should deprive or seek any colour to dispossess the subjects or any of them of the benefices houses and estates which they have enjoyed before they alwayes continuing in the due obedience of their Soveraigns And that it might be known that the King and Queen were not willing to keep any remembrance of the troubles past it was accorded the Duke of Chattellerault and all other Noblemen of Scotland should be repossessed in their livings and benefices within France after the manner that they did enjoy the same before the said sixth day of March and that all capitulations agreed upon in time past should be observed as well for the part of their Majesties as the part of the Nobility and people of Scotland 7. That where any Bishops Abbots or other Churchmen should alledge themselves to have received any injuries either in their persons or goods the same should be considered by the Estates of Parliament and redresse made according to reason and in the mean time that no man should stop them to enjoy their rents nor do any hurt or violence to their persons and if any should do contrary to this Article he should be pursued by the Lords as a perturber of the Commonwealth 8. That in time coming the King and Queen should depute no strangers in the administration of Civil and Common Justice nor bestow the offices of Chancellary Thesaurer Comptrollary and the like upon others then born subjects of the Realm as likewise that it should not be lawful to give the office of Thesaurary or Comptrollary to any Churchman or other person that is not able to administrate the same Further that the Thesaurer and Comptroller appointed by them and instructed with sufficient commission should do nothing in disposing of casualties without the consent of the Councel to the effect all things may be done for the profit of the King and Queen yet should it not be thought that this Article did either
Queen of England requesting her advice in the choice and an answer to the other Petitions moved by the Abbot of Dunfermlin The Queen who was put in hope that Westmerland and the other Rebells of England entertained by the Queen of Scots faction should be delivered unto her had shewed her self very favourable unto them but hearing that they were escaped she made answer as followes That she did kindly accept the good will of the Noblemen testified by their seeking her advice in the choice of a Regent being a matter of such importance and so nearly touching the estate of their King and Realm That her minde once was they should do best to continue the election for a time but now considering the disorders that were raised and possibly thereafter might arise if some person was not placed in that charge she did allow their resolution And seeing the abilities of men for that place were best known to themselves she should be satisfied with their choice whatsoever it was Howbeit out of the care she had of the young King she would not dissemble her opinion which was that the Earl of Lennox her cousin whom as she was informed they had made Lieutenant of the Realm would be more carefull of his safety then any other But in any case desired them not to think that in so doing she did prescribe them any choice but left it free to themselves to do what was fittest Further she desired them to rest assured notwithstanding of the reports dispersed by their adversaries that she had neither yielded nor would yield to the alteration of the state of their King and Government unlesse she did see a more just and clear reason then had yet appeared For howbeit she condescended to hear what the Queen of Scots would say offer as well for her own assurance as for the good of that Realm a thing w th in honor she could not refuse yet not knowing what the same would be she meant not to break the order of Law and Iustice either to the advancing or prejudging of her cause Therefore finding the Realm governed by a King and him invested by Coronation and other solemnities requisite as also generally received by the three Estates she minded not to do any act that might breed alteration in the Estate or make a confusion of governments But as she had found so to suffer the same continue and net permit any change therein so far as she might impede the same except by some eminent reason she should be induced to alter her opinion In end she desired them beware that neither by misconceiving her good meaning towards them nor by the insolent brags of their adversaries they should take any course that might hinder or weaken their cause and make her intentions for their good ineffectual This letter communicated to the Estates convened at Edinburgh the twelfth of Iuly and a long discourse made to the same effect by Mr. Thomas Randolph her Ambassadour they were exceedingly joyed So following the advice given them they made choice of Matthew Earl of Lennox declaring him Regent and Governour of the Realme unto the Kings majority or till he were able by himself to administrate the publick affaires This was done with the great applause of all that were present and published the next day at the Crosse of Edinburgh In an Assembly of the Church kept the same moneth there was some businesse moved by Mr. Iames Carmichal then Master of the Grammar School of S. Andrews against Mr. Robert Hamilton Minister of the City for some points of doctrine delivered by the said Mr. Robert in Pulpit The points are not particularly expressed but in the sixt Session of that Assembly Mr. Iames Macgill Clerk of Register Mr. Iohn Bellenden of Auchnoâ—le Justice Clerk and Mr. Archibald Douglas one of the Senators of the Colledge of Justice were directed from the Chancellor and Councel to require them to forbear all decision in that matter seeing it concerned the Kâ—ngs authority and contained some heads tending to treason so is it there said which ought to be tried by the Nobility and Councel willing them notthelesse to proceed in such things as did appertain to their own jurisdiction which was judged reasonable and agreed unto by the Church So farre were they in these times from declining the King and Councel in doctrines savouring of treason and sedition as they did esteem them competent Judges thereof In the same Assembly Commission was given to Mr. David Lindesay and Mr. Andrew Hay to travel with the Duke of Chattellerault the Earls of Argile Eglington and Cassils the Lord Boyd and other Barons and Gentlemen in the West parts for reducing them to the obedience of the King and his authority The like Commission was given to the Laird of Dun for the Earl of Crawford the Lord Ogilvy and their assisters in Angus and certification ordained to be made unto them that if they did not return to the Kings obedience the spiritual sword of excommunication should be drawn against them which I cannot think was really intended considering the quality and number of the persons The Regent immediately upon his creation and oath taken according to the custom for maintaining true Religion and observing the lawes and liberties of the Realm prepared to keep the Diet appointed at Linlithgow by the Lords of the Queens party who were said to be gathering forces for holding the Parliament they had indicted And because much depended upon the success of that business he sent to the Earl of Sussex for assistance of his forces And to the Laird of Grange with whom he kept some correspondence for some Field-pieces and other things belonging to their furniture Grange at first made fair promises but shifting those who were sent to receive the munition said This his service should not be wanting to the making of a concord but he would not be accessary to the shedding of the blood of Scotâ—ish men The Earl of Sussex deferred his answer likewise till the Queen should be advertised Notthelesse the Regent observed the Diet accompanied with 5000 Gentlemen none of the adverse party appearing Thereafter a Parliament was indicted to hold at Edinburgh the tenth of October and the Regent understanding that the Earl of Huntley had sent some 160. souldiers to Brichen and given order for providing victuals to the companies who were there to meet him made an hasty expedition thither having sent the Lords Lindesay and Ruthven with Sir Iames Haliburton Provost of Dundy a little before himself went nigh to have intercepted the Earl of Crawford the Lord Ogilvy and Sir Iames Balfour who were there attending Huntley But they escaping the souldiers fled to the Steeple of the Church Castle which they had fortified The steeple at the Regents first coming did yield so many as were therein had their lives saved the Castle held out some days till they heard the Canon was at hand
King hereupon took purpose to confine some of the principals in several countreys and to commit others who were reckoned most turbulent The Earl of Angus was confined beyond Spey Iohn Levingston of Dunypace and Patrick Drummond of Carnock in the countrey of Galloway Lochlevin and Buchan in Innerness the Master of Glammis Abbot of Dunfermlin and Lord of Cleish were charged to enter themselves in the Castle of Dumbritton William Commendator of Paisley in Blackness and Mr. Iohn Colvil commanded to keep Ward in Edinburgh The whole Angus only excepted disobeying the charge were denounced rebels and Proclamations made commanding all the subjects to be in readinesse for resisting the practises of seditious subjects An oath also was taken of all the Kings domesticks that they should not keep intelligence with any of the rebels or others known to be in his Majesties mal-grace and at this time was Mr. Iohn Metellan who came afterwards to be Chancellour admitted Counsellour of Estate The Queen of England being advertised of this alteration in Court sent Sir Francis Walsingham her principal Secretary to the King to challenge him for breach of promise in readmitting the Earl of Arran and casting off the Noblemen who had maintained his authority and hazarded their lives and estates in defence of his Crown The King answered that he was a free Prince and in ruling his affaires might follow the course which he thought to be most convenient that the Queen would not take it well if he or any other should direct her in matters that concerned her subjects and for the promise alledged he said it was made in time of his restraint to the performance whereof he was not tied As to these subjects of whom the Queen seemed so careful he said that he had freely offered to pardon them upon the acknowledgement of their offence and promise of amendment which he would faithfully observe expecting of the Queen his sister that neighbourhood which became Princes living in amity and friendship and that she would not countenance his subjects in their rebellion The Ambassadour replying Sir the Queen my Mistris will never meddle with your affaires but to work your good and quietnesse Yet she taketh it unkindly that the promises made unto her are so lightly regarded One Holt an English Jesuit who is thought to have an hand in Throgmortons treason that was of late detected being in your prison at the request of the French Ambassadour was permitted to escape whereas the Queen my Soveraign looked daily to have been delivered in England as was promised Nay said the King it was not promised that he should be delivered but as the Queen answered my Ambassadours when I desired Mr. Archibald Douglas to be rendered who is known to be guilty of my Fathers murther I said that the man was charged with certain suspicious practises in my Kingdom which I believed first to try and if the Queen had been pleased to have delivered my subject to me whom I had more then reason to remand I would have made no delay in the rendering of Holt. But for his dimission or my connivence at his escape there is no such thing and if you know or can learn that any indirect means have been used for letting him go the trial and punishment of the doers shall clear my part This said the Ambassadour who was a most worthy and discreet Gentleman declaring that he was satisfied fell to speak of the preservation of peace betwixt the two Kingdomes and of a new league to be made with the Queen whereof the King did shew a good liking and in these termes they left for that time In October next the Church Assembly convened at Edinburgh where great regrates were made and presented in certain Articles to the King First they complained that the benefit of pacification was extended to Mr. David Chalmers a professed enemy to Religion and suspected of the murther of his Majesties Father Next that Papists were grown too familiar in Court and namely the Laird of Fintry who had made defection from the true Religion in which he was educated 3. That Holt a wicked Papist sent to the countrey to traffique against Religion and the State was suffered to escape and no trial taken of the workers thereof 4. That his Majesty seemed to favour too much the enemies of the truth both in France and at home 5. That he had received in his service men of dissolute life and who had never given any testimony of their good meaning either to Religion or the state of the countrey and put others from his service that were known to be zealous of Gods cause and faithful to his Majesties self from his very tender age 6. That since his acceptation of the government the Church had received many fair promises without any performance and that to the contrary the liberties and priviledges thereof were daily infringed 7. That the thirds were set in taks or leases in defraud of the Church 8. That Abbacies were disponed against the Acts of Parliament and no care taken for provision of the Ministers that served at the Churches annexed 9. That spiritual livings were conferred to children and erected in temporal Lordships 10. That there were no punishment for incest adultery witchcraft and the like abominations 11. That there was an universal murmur that no man could be assured of his lands and life the laws of the countrey being wholly perverted 12. That his Majesty did interpone his authority to stay the execution of the Churches Acts in matters properly Ecclesiastical Lastly they regrated the division of the Nobility one part seeking the ruine and overthrow of another for which they did intreat his Majesty to call unto himself the most wise and indifferent amongst them and by their advice to take some moderate course for uniting the hearts of all good subjects to the maintenance of Gods truth the preservation of his Highnesse person and estate and the comfort of all that were grieved at the present division The King desiring to give the Church satisfaction made answer the next day to all these particulars And first concerning Mr. David Chalmers he said that he was only forfeited for the common action for being at Landside field field for which pardon had been given to many so as it should not be thought strange to give him the like benefit especially at their request who had moved him therein and that he no ways intended to grant oversight to him or any others that should be found culpable of his fathers murther or yet professed themselves adversaries to the Religion Touching Fintry he said that he had not impeded the proceedings of the Church against him or any other Popishly affected nor had he been countenanced at Court if the Minister of Edinburgh had not testified that he was willing to conform That for Holts escape he had satisfied the English Ambassadour and that it was no uncouth thing to see
more nigh and then relating the many indignities he had endured at Bothwells hands which they all knew he desired to have their advice touching the Conditions granted to him of late and whether they did think him tyed to the performance thereof the same being extorted by the importunity of those that took on them to mediate betwixt him and Bothwell and yeelded unto by him upon just fear The answer of the Convention was That they judged the fact of Bothwell Treasonable and the Conditions granted in such a manner to carry no necessity of performance that for the remission promised to him and his followers the same depended upon his Majesties own pleasure and that he should doe therein what seemed to him good but to be tyed not to receive in his company his servants and officers they held it not to stand with the honour and dignity of a King For the remission said the King I could be content for the quiet of the Realm to grant the same upon his humble suite and supplication when I am now at liberty but to be forced thereto and by way of capitulation to grant the same I do not think it agreeth with mine honour That which I require of you since I judge the conditions unlawfull and that neither in law nor conscience I am bound to observe them is that by publick Act the same be declared and that as a free Prince I may presently and in all time coming admit and receive into my company such of the Nobility Councell Officiars and other good subjects as I shall think good to use in the administration of my affairs All esteeming this to be most reasonable an Act was made declaring That his Majesty with the advice of the Estates had recalled the grant made to Bothwell in August last and that being a free Prince he might use the service of any of his subjects and call them to him at his pleasure This Declaration made the Prior of Blantyre and Sir Robert Melvill were directed to Bothwell to shew him that albeit the King did not think himself bound in law or hnour to perform the Conditions made at Halyrudhouse yet if he should now make humble suit for pardon to himself and his followers the same should be granted with a double Proviso first that he should supplicate his pardon and pass the same formally before the 20 of November secondly that the remission being exped he should depart forth of the Realm and abide in such parts beyond Sea as the King should appoint and not return into the Countrey without his Majesties licence Bothwell at first did take the offer well and seemed therewith content but when he was returned to Edinburgh for the intimation was made to him at Linlithgow and heard that the Lord Home and those others against whom he took exception were received in Court he was greatly commoved and falling to his wonted forms threatned to make the King observe the Conditions and keep what he had promised To this purpose he advertised the Earl of Atholl desiring he should meet him at Striveling the first of October with his forces Atholl kept the Diet accompanied with the Earl of Montrosse and a great number of men but the King was parted from Striveling and remained then at Linlithgow attended by the Lord Hamilton and divers other noble men which made Bothwell change his purpose and disappoint the interprise The King understanding that Atholl with his forces was come to Striveling sent a messenger to charge him to return home and dissolve his companies which he obeyed pretending that his business was onely to hold a Court at Down Castle a house pertaining to the Earl of Murray whereof he had the Ward and that the messenger might witness the truth thereof he took him along with him the next morning to Down The stay of the messenger put the King in suspicion that the Charge was not obeyed and that Atholl did wait upon Bothwells coming Whereupon he went back to Striveling and understanding that Atholl was gone to Down he followed thither The Lord Home who was appointed to ride before and view the fields encountring the Earl of Montrosse made him prisoner and used him and his men somewhat roughly But he professing to be sent by Atholl to the King for making his excuse and declaring the true cause of his coming in those parts was dimitted the next day upon his promise to appear before the Councell whensoever he should be charged After this the King going to Edinburgh Bothwell was cited before the Councell and not appearing was of new denounced Rebell Leaving these affairs for a while we will now return to the Popish Lotds They had been cited to the Parliament which was kept in Iuly preceding but upon some informalities and defects in the libell the process was remitted by the Estates to the King and Councell This being ill interpreted and taken to be done in their favour the Ministers of the Synode of Fife meeting at S. Andrews in the beginning of October did summarily excommunicate the Earls of Angus Huntley and Arroll the Lord Home and Sir Iames Chisholme They sent letters also to all the Presbyteries desiring their excommunication to be published in all the Churches and particularly required the ministers of Edinburgh to call a meeting of some principall ministers and well affected Barons to advise what course was fittest to be taken for the defence of Religion and repressing the practises of enemies The King upon advertisement of these proceedings called M. Robert Bruce who was then in great favor and willed him to stay the publication of sentence as being unjust and altogether informal for that neither were these persons subject to the Synod of Fife nor were they cited to answer And if this be your order said he that the Ministers of one Synod may excommunicate and at their desire all the rest shall make intimation who can be sure or how shall it be eschewed but number shall this may be brought in troubles M. Robert answering that it was not in his power to stay the publication the brethren having already concluded the same and that the Ministers of Fife had their own reasons and were answerable to the generall Assembly Well said the King I could have no rest till ye got that which ye call the Discipline of the Church established now seeing I have fonnd it abused and that none amongst you hath power to stay such disorderly proceedings I will think of a mean to help it The intimation in the mean time went on and according to the motion made for convening some principal Ministers and Barons there assembled a good number at Edinburgh the 17 of October The King was gone then to Iedburgh for pacifying some tumults in the borders and in his going thither was met at Falaw by the Earls of Angus Huntley and Arroll who humbly intreated a trial and that they should not be condemned
notoriety of a crime which notoriety must onely be defined by the guilty persons being fugitive for the crimes or the declaration of an Assise or their excommunication for the same 4 That every Minister in his particular application have onely respect to the edification of his own flock and present auditory without expatiating in other discourses no way pertinent to their congregation 5 That every particular Presbytery be commanded to take a diligent accompt of the doctrine of their Ministers and see that they keep themselves within bounds in the premises 6 That summar excommunication be utterly discharged and that three lawfull citations at least of eight daies intervall betwixt every one of them precede the sentence 7 That no Session Prebytery or Synod use Censures upon any but those that are within their bounds otherwise their decreets and sentences to be null 8 That all summons contain a speciall cause and crime and none be used super inquirendis quod est merè tyrannicum 9 That no meeting or convention be amongst the Ministers without his Majesties knowledge and consent except the ordinary Sessions Presbyteries and Synods 10 That in the principall Burghs no Ministers be placed without the consent of his Majesty and the flock and this order to begin presently in Edinburgh 11 That all matters concerning the rest of his Majesties Questions be suspended and neither condemned nor rebuked either in pulpit or any other judicatory till the same be decided in the next Generall Assembly especially that no matters be called before the Ecclesiasticall judicatories as importing slander wherein his Majesties authority may be prejudged but that they meddle only with causes meerly Ecclesiasticall 12 That some wise and discreet Ministers to the number of seven or eight be authorised by Commission to reason upon the rest of the Questions when opportunity of time shall serve Lastly that the present Assembly grant Commission to the Ministers of the North Countrey to absolve the Earl of Huntley from his Excommunication if he satisfie the Church For the better determining of the said Articles it was thought meet that some brethren should be desired to conferre of them apart and report their opinions to the Assembly which they did the next morning Touching the first Article they said that they held it not expedient to make any law or act concerning that matter lest a door should be opened thereby to turbulent spirits otherwise they did think it lawfull to his Majesty by himself or by his Commissioners to propone in a Generall Assembly whatsoever point his Majesty desired to be resolved in or to be reformed in specie externi ordinis seeing substantia externae administrationis Ecclesiasticae est plenissimè prodita in sacris literis And as the Generall Assembly hath accepted well of this manner of doing in all times past so in their opinion they should doe the like in time coming For the second their advice was that the Acts already made which are hurtfull to Religion and prejudiciall to the liberty of the Word should be discharged and no Act thereafter past concerning Religion without the advice and consent of the Church As for matters of Estate mentioned in the Article they craved a further explanation of that point The third they esteemed reasonable that no mans name should be expressed to his rebuke in pulpit unlesse the fault was notorious and publick but they esteemed notoriety must be defined otherwise then by the three waies set down in the Article for contumacy after citation the publick commission of a crime such as was Bothwell's treasonable contempt at Leth the Burning of Dumebirsell and the like make also a notoriety As to the vive description said to be equivalent they thought it hard to set any law to that seeing every guilty person will think himself descrived when his fault is rebuked albeit the Minister doth not think of him The fourth and fift Articles they judged lawfull but for the sixth which craves a simple charge of summar Excommunication they advised to remit the same to the next Assembly suspending the practice thereof in the mean time the seaventh they thought likewise was to be remitted to the eighth they agreed and for the nineth that concerned the meeting of Pastors they said that besides Sessions Presbyteries and Synods Pastors are accustomed to meet for visitation of Churches admission of Ministers taking up of feods resolving of questions The tenth they esteemed reasonable the eleventh Article seeming to import a discharge of many points of discipline they said was so large that it could not be presently answered and the last two they remitted to the full Assembly judging that they ought to be granted These answers shewed to the King were not liked and held unsufficient whereupon the Assembly was desired to repair to the place where his Majesty and the Estates were convened for treating upon the foresaid Articles at their coming the King had a speech much to this purpose That they could not be ignorant either of the occasion or of his purpose in calling the present Assembly and for the occasion that it grieved him to remember it not for any injury or displeasure done to himself but for the shame and slander cast upon Religion for have not the adversaries said he too just a ground against us who say that our profession teacheth the contempt of Princes and maintains insurrections against them I know it is the fault of men and not of the profession and none of you that are met here I take to be guilty of the late attempt but it is in your hands to clear your selves if any think otherwise and so to free your profession of that scandall As for the purpose for which I have called you together at this time it is to mend such things as are amisse and to take away the questions that may move trouble afterward if you for your parts be willing to have matters righted things may yet go well I claim nothing but what is due to every Christian King within his dominion that is to be Custos vindex disciplinae Corruptions are crept in and more daily growing by this liberty that preachers take in the application of their doctrine and censuring every thing that is not to their mind This I must have mended for such discourses serve onely to move sedition and raise tumults Let the truth of God be taught in the Chair of truth and wickedness be reproved but in such sort as the offender may be bettered and vice made more odious To rail against men in Pulpit and express their names as we know was done of late there being no just cause and make the word of God which is ordained to guide men in the way of salvation an instrument of sedition is a sin I am sure beyond all other that can be committed on earth hold you within your limits and I will never blame you nor suffer others to work you any vexation The civill
Government is committed to me it is not your subject nor are ye to medle with it After such words as these he began to speak of the Articles proponed desiring to hear what reasons they had to the contrary Mr. Thomas Buchannan as he was appointed did first protest in the name of the Assembly That their coming to that place was onely to testifie their obedience to his Majesty and to hear what shall be proponed but not to submit matters Ecclesiastick either concerning doctrine or discipline to their Judicatory or yet to make themselves one Assembly with the Estates and that therefore they should be permitted to return to the place of their Assembly to treat reason and conclude in the points moved unto them according to the word of God and good consciences which protestation was admitted Then he did humbly thank his Majesty for his good affection to the Church and care he had to redress things that were amiss in so peaceable a manner And for the particulars proponed he shewed what was the minde of the Assembly and the reasons that led them unto it saying they were willing to hear and give place to better information Hereupon ensued a reasoning which kept a long time and ended in a good agreementL so the ministers were dimitted and Assembling again in the ordinary place they corrected their first answers in this sort 1 That it is lawfull to his Majesty by himself or his Commissioners or to the Pastors to propone in a generall Assembly whatsoever point his Majesty or they desire to be resolved or reformed in matters of externall government alterable according to circumstances providing it be done in right time and place animo aedificandi non tentandi 2 That no Minister should reprove his Majesties Laws Acts Statutes and Ordinance unto such time as first he hath by the advice of his Presbytery Synodall or generall Assemblies complained and sought remedy of the same from his Majesty and made report of his Majesties answer before any further proceeding 3 That no mans name should be expressed in Pulpit to his rebuke except the fault be notorious and publick which notoriety is thus defined if the person be fugitive convict by Assise excommunicate contumax after citation or lawfull admonition nor yet should any man be descrived vively by any other circumstances then publick vices always damnable 4 That no Minister should use application wherein he hath not a principall respect to the edifying of his own flock and present auditory 5 That every Presbyter take diligent accompt of the Pastors doctrine and that he keep himself within the bounds of his words 6 That the answers of the sixth Article shall be superseded unto the next generall Assembly suspending in the mean time all summary excommunication unto the said Assembly 7 That the seventh Article be remitted to the next Assembly 8 That all summons contain the speciall cause and crime and none to be given out super inquirendis 9 That no conventions shall be amongst the Pastors without his Majesties knowledge and consent except their Sessions Presbyteries and Synods the meetings of the visitations of Churches admission or deprivation of Ministers taking up of deadly fewds and the like which have not been found fault with by his Majesty 10 That in all principall Towns the Ministers shall not be chosen without his Majesties consent and the consent of the flock 11 That all matters concerning remnant questions shall be suspended and neither damned nor rebuked in Pulpit or other Judicatories till they be decided in the generall Assembly and that no matters importing slander shall be called before them in the mean time wherein his Majesties authority is prejudged causes Ecclesiasticall onely excepted Lastly for reasoning the said questions according to his Majesties desire the Assembly did ordain Mr. Iames Nicolson Mr. Iohn Coldelewch Mr. Andrew Clayhills Mr. Thomas Buchannan Mr. David Lindsey Mr. Iames Melvill Mr. Robert Wilky Mr. William Cowper Mr. Iohn Cowper Mr. Robert Rollock Mr. Patrick Galloway Mr. Robert Howy Iohn Duncanson and Mr. Iames Bryson to convene at such time and place as his MaJestie should be pleased to appoint and to report their opinion and advice to the next generall Assembly These conclusions taken which for a beginning did satisfie the King a Commission was also given at his Majesties desire to the Ministers of Aberdene and Murray with some others of Mernis and Angus for reconciling the Popish Lords The conditions required of Huntley to be fulfilled before his absolution were 1 That he should appear before the Commissioners appointed by the Assembly the 22 of March at Aberdene and remain in that City during the time of their conference with him to the effect he might be instructed in the truth and brought to condescend with knowledge unto the religion professed and to the detestation of the contrary 2 That he should acknowledge the Church of Scotland to be a true Church and adjoyn himself thereto hear the Word receive the Sacraments and be obedient to the discipline thereof 3 That he should solemnly promise to remove forth of his company and from the bounds that were under his power all Jesuits Priests and excommunicate persons 4 That he swear and subscribe the confession of the faith in presence of the whole Commissioners 5 That he acknowledge the sentence of excommunication to have been justly pronounced against him for his apostasie from the truth the slaughter of the Earl of Murray and burning of Dumbrissill and that he declare himself penitent therefore promising asfithment to the partie whensoever he should be moved to accept the same 6 That he provide sufficient maintenance to the Churches within his bounds by the advice of his best advised friends and have an ordinary Minister to reside with him in his family And lastly that he be content to reconcile with all that he is esteemed to carry any grudge unto and profess no quarrell to any of those that assisted the King in his pursuit The like conditions were required of Angus and Arroll that which concerned the Earl of Murray only excepted All matters being thus peaceably accorded the King caused publish the good agreement he had made with the Church taking in his protection the Ministers with their families goods and possessions and charging all Papists those excepted that were in tearms of satisfaction to depart forth of the Countrey before the first of Iune The Assembly finding the King so well pleased made bold to intercede for the Ministers the Town of Edinburgh and the Gentlemen that were challenged for the tumult For the Town his Majesty answered that he was not minded to trouble innocent men and should shortly settle with them Touching the Gentlemen he said they should doe well to present their supplications by their friends But for the Ministers he esteemed them most guilty and knew not what course to take with them It being replyed that by the examinations taken
King recommended as fit persons were passed by as men suspected and others named who stood worse affected to his Majesties service Another question they made for admitting the Officers of State refusing to admit any but the Chancellor Thesaurer and Clerk of the Rolls This being long and sharply debated was in end agreed by the admission of the whole number Among these Articles proponed the first was of his Majesties authority in causes Ecclesiasticall concerning which it was desired to be enacted That whatsoever conclusion was taken by his Majesty with advice of the Archbishops and Bishops in matters of externall policy the same should have the power and strength of an Ecclesiasticall law The Bishops interceding did humbly intreat that the Article might be better considered for that in making of Ecclesiasticall laws the advice and consent of Presbyters was also required The King replying That he was not against the taking of Ministers their advice and that a competent number of the most grave and learned among them should be called to assist the Bishops but to have matters ruled as they have been in your Generall Assemblies I will never agree for the Bishops must rule the Ministers and the King rule both in matters indifferent and not repugnant to the Word of God So the Article passed in this form That whatsoever his Majesty should determine in the externall government of the Church with the advice of the Archbishops Bishops and a competent number of the Ministery should have the strength of a law This coming to the Ministers ears they began to stirre as if the whole Rites and Ceremonies of England were to be brought upon them without their consents whereupon the Ministers that were in Town were called together and warned to be quiet for that such a generall Act did not lay upon them any bond and if any particular was urged the same should be communicated to them and nothing concluded without their consents It was further told them that there would not be wanting informations enough to stirre them up unto unquietness but they should doe well not to irritate his Majesty whom they knew to be a gracious Prince and one that would hear reason and give way to the same This they did all promise yet upon the suggestion of some discontented people the very next day Mr. William Struthers one of the Ministers of Edinburgh did unhappily break out in his Sermon upon these matters condemning the Rites received in the Church of England and praying God to save Scotland from the same This reported to the King by some of the English Doctors that were his hearers he became greatly incensed But the Ministers not contented with this did the same day in the afternoon tumultuously convene and form a Protestation in the words following Most gracious and dread Soveraign most honourable Lords and remanent Commissioners of this present Parliament We the Ministers of Christs evangel being here convened from all the parts of this your Majesties Kingdome doe in all reverence and submission intreat your Majesties and honours patient and favourable hearing of this our reasonable and humble supplication And first it will please your Highness honorable Estates presently convened to be informed that we are here a number of the Ministery out of all the parts of the Kingdome and that the Bishops have protested to a great many of us since our coming that nothing should be agreed nor consented unto by them in this present Parliament in matters concerning the discipline order of the Church without our knowledge and advice affirming that neither we nor they have any power to consent to any novation or smallest change of the order established without the advice of the Generall Assembly whereupon we resting in security have received a sudden report of an Article to passe for a law in the Parliament decerning and declaring that your Majesty with the advice of the Archbishops and Bishops and such a competent number of the Ministery as your Majesty out of your wisdome should think expedient shall in all time coming have full power to advise and conclude all matters of decency and which any way may concern the policy of the Church And that such conclusions shall have the strength and power of laws Ecclesiasticall wherein it will please your Majesty and honourable Estates to hear our own just griefs and to consider our reasonable desires and not to put us your Majesties humble subjects to that poor and simple part of protestation Which if remedy be not provided we shall be forced to use for the freedome of our Church and discharge of our consciences We then first plead our reformation and that the purity of our Church in doctrine ministration of the sacraments discipline and all convenient order with the best reformed Churches in Europe hath been acknowledged rather as a pattern to be followed of others then that we should seek our reformation from those that never attained to that perfection which we by the mercy of God this long time past have enjoyed under your Highness protection Next we plead the liberty of our Church which by the laws of your Majesties Kingdome and divers Acts of Parliament is established with power of publick meetings and annuall Assemblies and allowance to make Canons and constitutions such as may serve for the comely order thereof all which by this conclusion that is intended will be utterly overthrown Thirdly we plead for the peace and tranquillity of our Church that being nearest the Divine and Apostolicall institution hath lived without schisme and rent in the self and by introduction of any novelty against order may be miserably divided and so our peace broken Fourthly we have been at divers times sufficiently secured from all suspicions of innovation and specially by your Majesties Letter sent down this last Winter to take away all fear of any alteration which might arise upon your Majesties lovingly intended journey which Letter by your Majesties speciall will and direction of your Highness Councell was intimated in pulpits as also by that Proclamation given out the 26 of September 1616 when rumours of an intended conformity with the Church of England were dispersed whereby your Majesty sufficiently avoided all such suspicion and setled the hearts of honest men in a confidence that no such thing should be attempted These and many other reasons have moved us in all reverence by this our humble supplication to entreat your Highness and honourable Estates not to suffer the aforenamed Article or any other prejudiciall to our former liberties to passe at this time to the grief of this poor Church that the universall hope of thousands in this land who rejoiced at your Majesties happy arrivall be not turned into mourning wherein as we we are earnest supplicants to God to incline your Majesties heart this way as the most expedient for the honour of God and well of your subjects so if we shall be frustrated of this our