should prefer none thereto but such as was sound in Religion and for other qualities apt and worthy That during his Regencie he should grant no respits nor remissions for hainous crimes That he should not transport the King forth of the Castle of Striveling without the advice of the Councel That he should grant no favour to the murtherers of the Kings Father and Regents That he should neither enter into league with forainers nor denounce warre without the consent of the Estates And that he should be careful to entertain the amity contracted with the Queen of England The Estates on the other part did promise to assist him with all their power against the Kings enemies and to joyn with him in the reformation of whatsoever abuses crept in by occasion of the late troubles without offending at the execution of justice upon their nearest and dearest friend Order was also taken for the entertainment of his house the setling of a resident Councel and the advancing of the revenues of the Crown to the best profit And these were the things done in that meeting Soon after came Sir Henry Killigrew Ambassadour from England partly to declare the content which the Queen had received in the choice of the Earl of Morton to be Regent and partly to renew the Abstinence which was then near the expiring Herein he prevailed so farre with the Duke and Huntley as they were brought not only to prorogate the Abstinence but also to name certain Noblemen who should meet for them at Perth with such as the Regent by advice of the Councel should nominate for concluding a perfect peace The Laird of Grange and those that remained with him in the Castle refusing to be comprehended in that treaty went on in victualling and fortifying the house for impeding whereof the Regent did levie some companies of souldiers to inclose the Castle and because the time of Parliament was approaching he caused erect Bulwarks in divers places of the street to secure the people at their meetings to Sermon and the Judges that convened to the ministration of Justice Grange finding himself thus pent up did by a Proclamation from the Castle wall command all the Queens subjects to depart forth of the town within the space of 24. hours The time expired he made the Cannon thunder upon the town to the great terrour of the Inhabitants yet there was no great hurt done that way which when he perceived he hired one of his souldiers to set fire in the night time to some houses under the wall which destroyed a number of tenements for a strong Western wind blowing in the time the fire did so rage as from S. Magdalens Chappel Westward all was consumed none daring to put hand to quench the fire because of the Canon that played still on the part where they saw any concurse of people This made him extremely hated and even they that otherwise wished him well were greatly offended with this doing The Parliament notthelesse kept and thre in divers Acts were mode partly for maintaining the Kings authority partly for preservation of true Religion which causes were held in those days so conjoyned as the enemies of the one were likewise esteemed enemies to the other Therefore was it then enacted That none should be reputed loyal and faithful subjects to the King or his authority but be punished as rebels who made not profession of true Religion And that all such as made profession thereof and yet withstood the Kings authority should be admonished by their teachers to acknowledge their offence and return to his Majesties obedience and if they refused that they should be excommunicated and cut of from the society of the Church as putrid and corrupted members The Parliament breaking up the Regent by advice of the Councel directed to the meeting at Perth the Earl of Argile then created Chancellour the Earl of Montrosse the Abbot of Dunfermlin Secretary the Lords Ruthven Boyd and Sir Iohn Ballenden Justice Clerk There met with them the Earl of Huntley and Lord Iohn Hamilton Commendatory of Aberbrothock authorised by the rest that maintained the Queens authority The English Ambassadour assisting them after some days conference they were brought to agree upon these Articles 1. That all persons comprehended in the present pacification should acknowledge and professe the true Religion established and professed within the Realm and maintain the Preachers and professours thereof against all opposers specially against the confederates of the Councel of Trent 2. That the Earl of Huntley and Lord Iohn Hamilton with their friends and followers should submit themselves to the King and to the government of the Earl of Morton his Regent and his successours in the same acknowledging themselves the Kings subjects by their oaths and subscriptions 3. That they should confesse all things done by them under colour of any other authority since the time of his Majesties Coronation to have been unlawful and of no force nor effect 4. That an Act of Parliament should be made with all their consents ordaining that none of the subjects should assist fortify supply or shew any favour directly nor indirectly to those who should happen to practise against the religion presently professed the Kings person his authority or Regent And if they should be tried to do any thing to the contrary the remissions granted to them with all other benefits of the pacification should be null and they pursued for their offences past as if they had never obtained pardon for the same 5. That all persons professing his Highnesse obedience who had been dispossessed during the late troubles should be reponed to their houses lands livings benefices and whatsoever goods belonging to them if so the same were extant in the hands of the intrometters horses and armour only excepted 6. That the Master of Forbes Iames Glen of Barre and all other persons should be set at liberty as likewise the bonds given by the Lord Semple and others for entry of prisoners or for paiment of any ransomes be discharged 7. That the Earl or Huntley and Lord Iohn Hamilton should dimit and cause all souldiers hired or maintained by them or any of their party to be forthwith dimitted 8. That all processes of forfeiture which had been led especially the sentences given against the Earl of Huntley Lord Iohn Hamilton and Lord Claud his brother William Bishop of Aberdene Alexander Bishop of Galloway Adam Gordon of Awchindown and the rest of their friendship for any crimes or offences done in the common cause against the King and his authority since the 15th of Iune 1567. or for any other cause contained in the summons of forfeiture raised against them should be declared null and of no force without any other special declaration And that the foresaid persons should have liberty given them to reduce the said forfeitures as they should please 9. That all persons then returning or who should return to the Kings obedience and
promising how soon the forfeiture was past to follow forth the same Onely at the 7. he tooke exception where it was desired that the subjects should put themselves in armes upon urgent â—ccasions for he had not as yet forgotten the stirs of the year preceding and would have none to arm but upon his own warrant Withall he sent Sir Robert Melvill and Alexander Hume of North Berwick with certain instructions to the Assembly whereof one was That they should inhibit the Ministers to utter any irreverent speeches in Pulpit against his Majesties person Councell or Estate under pain of deprivation and because one of their number called Iohn Rosse had in a Sermon preached before the Synod of Perth uttered divers treasonable and irreverent speeches of his Majesty it was craved that they should censure him as his fault had deserved Another was That they should excommunicate Mr. Andrew Hunter for the scandall he had brought upon their profession he being the first open Traitor of their function against a Christian King of their own Religion and their naturall Soveraign A third instruction was That by Act of Assembly Ministers should be ordained to disswade both by publick and private exhortation their flocks from concurring with Bothwell in his treasonable attempts or any other that should make insurrection against the authority established by God in his Majesties person The last was assented unto and an Act made thereof but the censure of the Minister Rosse was carried more slightly and he onely admonished to speak in time coming so reverently and discreetly of his Majesty as there might be no just cause of complaint against him Hunter was deposed from the Ministery as a desertor of his flock and one suspected to have joyned himself with the Kings rebells but the excommunication was not pronounced The Parliament did hold at the time appointed yet because the Noblemen convened slowly 3 or 4. dayes were spent without doing any thing In end when by the excuses that divers made a greater number was not expected they that were present assembled in the Parliament house and keeping the form accustomed made choice of a number for the Articles of Noblemen there were three Earls and six Lords onely present Beginning was made at the summons of forfeiture the Letters and blanks intercepted with Mr. George Ker presented and the hand-writs cognosced by witnesses Some question there was about the Blancks and that which should have been insert in them but the presumptions were so clear as none would doubt what the subject should have been Yet the Noblemen urged a delay of the triall to a more full convention which the King would not admit knowing what misinterpretings that would make and so by pluralities of voices the crimes of Treason were found to be sufficiently proved and the sentence of forfeiture pronounced against the three Earls and Achindown their Scutcheons of Arms as the manner is torn by Herauld and they declared to have lost their honours lands and estates for treasonable practises against the King and their Native Countrey In this Parliament divers Statutes were concluded some in favours of the Church and others very beneficiall to the Countrey as the Stature made for punishment of theft robbery and oppression another against usury and a third against buying of Pleas by Judges and other members of the Court of Justice The next moneth passed in receiving the Ambassadors that came to assist the Baptisme which in the latter end of August next was performed with great solemnity from England the Earl of Sussex was sent the King of Denmark the Duke of Brunswick Megelbrugh with the Estates of the united Provinces had their Ambassadours present But from the French King there came not any though they also were expected at the day appointed for the solemnity The Prince was brought from his own chamber to the Queens Chamber of presence and laid in a bed dressed in a most stately form the Ambassadours entered into the Chamber the Countess of Marre accompanied with a number of Ladies took up the Prince and delivered him to the Duke of Lennox who presented him to the Ambassadors Sussex as having the first place received him and carried him in his arms to the Chappell the rest marching in their ranks and followed by the Ladies of honour the Mistresse nurse and others of inferiour note Before them went the Lord Hume carrying the Ducall Crown the Lord Levingston carried the Towell or Napkin the Lord Seaton the Bason and the Lord Semple the Laver. Above the English Ambassadour there was a Pale or Canabie born by the Laird of Cesford Buclerogh Duddope and Traquier The Princes train was sustained by the Lords Sinclar and Urqhart In this manner they walked toward the Chappell a guard of the youths of Edinburgh well arrayed standing on each side of the way and the trumpets sounding Being entred the Chappell the King arose from his seat and received the Ambassadours at the doore of the Quire and then was the Prince delivered to the Duke of Lennox who gave him to the Nurse After which the Ambassadours were conveyed to their places which were ordered in this manner Upon the Kings right hand a chair was set for the French Ambassadour but this was empty next to him the Ambassadour of Denmark was placed on the left the English Ambassadour and Legier did fit and next after them the Ambassadours of Brunswick Megelburgh and the States every chair had a tassell boord covered with fine Velvet and the Ambassadour of England besides the others had office men standing by him to wait The Service did then begin and upon the end thereof the English Ambassadour arose and presented the Prince to the Bishop who was appointed to administer the Sacrament This was Mr. David Cunningham Bishop of Aberdene The action finished Mr. David Lindsey Minister at Leith had a learned speech in French to the Ambassadours After which they returned to the Chappell in the same order that they came Then was the Prince laid upon a bed of honour and his Titles in this sort proclaimed by the Lyon Herauld Henry Frederick Knight and Baron of Renfrew Lord of the Isles Earl of Karrick Duke of Rothsay Prince and Stewart of Scotland This done certain pieces of silver and gold were cast forth at a window among the people and a number of Knights created at night for it was in the afternoon that the Baptisme was ministred The Ambassadours with their train and the Noblemen present were royally feasted nothing lacking that was required to such a triumph The rest of the moneth was spent in Playes running at Tilt and such other exercises as might give delight to the strangers Amidst these joyes the King was not forgetting his own serious affairs sent his Secretary Sir Richard Cockborne of Clerkinton to England to desire the Queens assistance in pursuing the Popish Lords according to the many promises made by the Lord Souche and Mr. Bowes that how soon he should
next day being the 12. of Iune the Lords gave out a Proclamation wherein they declared That the Earl of Bothwel having put violent hands in the Queens person warded her highnesse in the Castle of Dumbar and retaining her in his power had seduced her being destitute of all counsel to an unhonest and unlawful marriage with himself who was known to have been the principal authour deviser and actor in the cruel murther committed upon the late Kings person and that he was daily gathering forces and strengthening himself by all means of purpose as appeared to get in his hands the young Prince that he might murther him in the like sort as he had done his Father which the Nobility of the Realm had resolved to withstand and to deliver the Queen out of his bondage Therefore did they charge all and sundry the Lieges within the Kingdom to be in readiness upon three houres warning to assist the said Noblemen for delivering the Queen from captivity and bringing the said Earl and his Complices to underlie the trial and punishment of Law for the foresaid murther Commanding all such as will not joyn with the said Noblemen to depart forth of the Town of Edinburgh within four hours after the publication made under the pain to be reputed as enemies c. But the Queen having escaped as we shew there resorted to her from all quarters numbers of people so as within few houres she had an Army about her of 4000. men and above a force sufficient to oppose the enterprisers The Lords on the other side were cast into many difficulties for the heat of the common sort of people being quickly cooled as ordinarily it happeneth and the greater part of the Nobility being either enemies or behaving themselves as Neuters few of them came to offer their assistance yea had they been never so many lacking munition and other necessary provisions for the besieging of forts they saw no way to attain to their purpose whereupon they began to think upon dissolving their forces and quitting the enterprise at least for that time But the resolution which the Queen took altered their counsels and gave them the opportunity they wished for She partly considing in her power and numbers and partly animated by a sort of flatterers who made her believe that the Lords would flee upon the first bruit of her coming resolved to march with her Army to Leth whereas nothing had been so much to her advantage as a little protracting of time for had she remained three days longer at Dumbar the Lords without all peradventure had retired every one to his home But where mutations are destined the worst counsels seem ever the best and are most readily embraced Being advanced so farre as Glaidsmoore where she caused master her forces a Proclamation was made bearing That a number of Conspirators having discovered their latent malice borne to her and the Duke of Orkney her husband after they had failed in apprehending their persons at Borthwick had made a seditious Proclamation to make people believe that they did seek the revenge of the murther of the King her late husband and the relieving of her self out of bondage and captivity pretending that the Duke her husband was minded to invade the Prince her sonne all which were false and forged inventions none having better cause to revenge the Kings death then her self if she could know the authors thereof And for the Duke her present husband he had used all means to clear his innocency the ordinary Iustice had absolved him and the Estates of Parliament approved their proceedings which they themselves that made the present iâ—surrection had likewise allowed As also he had offered to maintain that quarrell against any Gentleman on earth undefamed then which nothing more could be required And as to her alledged captivity the contrary was known to the whole subjects her marriage with him being publickly contracted and solemnised with their own consents as their hand writs could testify Albeit to give their treason a fair shew they made now a buckler of the Prince her sonne being an infant and in their hands whereas their intention only was to overthrow her and her posterity that they might rule all things at their pleasure and without controlment Seeing therefore no wilfulnesse nor particularily but very necessity had forced her to take Armes for defence of her life as her hope was to have the assistance of all her faithful subjects against those unnatural rebels so she doubted not but such as were already assembled would with good hearts stand to her defence considering especially the goodness of her cause promising them in recompence of their valorous service the lands and possessions of the Rebels which should be distributed according to the merit of every man This proclaimed the Army did set forward the Queen lodging that night in Seaton a little before midnight word was brought to Edinburgh of the Queens approach who without long suspence made to their Armour And at Sun rising putting themselves in order they marched directly to Mussilburgh a Village two miles distant from Preston there they refreshed themselves with food and a little rest for the Queens Camp was not as yet stirring About the middest of the day the horsemen who were sent to observe when the Queens Army did advance brought word that they were marching The Lords thereupon made haste and drawing their companies forth of the Village ranged them in two battels The first was conducted by the Earl of Morton and the Lord Home the second by the Earls of Athel Marre and Glencarn the Lords Lindsay Ruthven Semple and Sanqâ—uar with the Lairds of Drumlanrig Tulibardin Selfourd Grange and divers others of good sort were assisting in number not much inferiour to the Queens Army and in this superiour that the most part of them were Gentlemen practised and of good experience in warre The Queen stood with her Army on the top of the hill called Carberry hill which the Lords because of the ascent wherewith it riseth could not come at in a direct course but to their disadvantage wherefore they inclined a little to the right hand both to find a more plain way and to get the Sun in their backs when they should come unto the fight This deceived the Queen who supposing they were flying towards Dalkeith a little Village pertaining to the Earl of Morton but when they were past the strait of the hill and that she saw them making directly to the place where she with her Army stood she perceived her errour The French Ambassadour seeing them ready to joyn interposed himself and coming to the Lords desired that matters might be composed without bloodshed for the good of both parties saying that he found the Queen peaceably inclined and disposed both to forgive the insurrection they had now made and to forget all by past oflences The Earl of Mâ—rten replyed That they had taken
came in end to desire the Assemblies approbation of their proceedings as that which would incourage them much and dishearten the common adversary This proposition made first it was voyced whether the dangers of the Church and disorders of State were such as in their hearing were related which being affirmatively answered by the whole Assembly Mr. Iames Lawson Mr. David Lindesay and Mr. Iohn Craig were appointed to signifie unto the King what the Assembly had found and to require his own judgement therein The King esteeming it most sure for himself to temporize said That he believed Religion was in hazard and indirect courses taken to overturn the same wherewith he acknowledged his own danger to be conjoyned and for abuses crept into the Commonwealth as they were too many so he expected that all good subjects and they for their own parts would help to remove the same This answer returned to the Assembly they concluded an Act in this form For as much as the Noblemen and others joyned with them in the late action of reformation out of a desire to have the Church and whole professors of the true Religion understand the grounds and occasions moving them to repair towards the Kings Majesty to seek redress of the disorders fallen out in the Commonwealth have made publick attestation to the whole Assembly that the motions and grounds of their enterprise were and are to deliver the Church of God within this Realm and the true Religion therein professed from the evident peril and danger wherein all men perceived the same to stand as likewise to guard and preserve the innocent person of the King his Majesty and Estate being in no less hazard then the other and to remove the corruptions and confusion entered into the body of the Commonwealth wherein as they are well perswaded themselves to have done good service to God and to have performed their duty to their Soveraign and countrey so they wished all that feared God should judge and esteem well of their action especially that the brethren of this Assembly should declare their good liking and approbation thereof and ordain all the Pastors and Ministers within the Realm to publish in their particular Churches the causes and grounds moving them to the said enterprise exhorting all Noblemen Barons and other faithful subjects to give their best concurrence and assistance thereto The Assembly having weighed the said desire with the whole circumstances thereof have in the fear of God after mature deliberation resolved found and voted no man gainsaying That not only the Church of God within this Realm and true Religion professed in the same but also the King his most noble person and royal estate were and stood in extreme danger and hazard besides the manifold grosse abuses that had invaded the Commonwealth before the late enterprise which his Majesty had acknowledged and professed to the Commissioners of the present Assembly And that therefore the said brethren could not but think their Honours imploying themselves hereafter for averting the like dangers to have done good and acceptable service to God their Soveraign and native countrey And the prosecution thereof all partiality aside will be acceptable to all that fear God and tender the preservation of the Kings person and prosperous estate of the Realm And to the effect the same may be made the more manfest and notorious it is thought expedient that all the Ministers within the Realm upon the first occasion shall publickly declare unto their particular flocks the peril wherein the Church of God and true Religion the King his most noble person and estate stood with the grounds that moved the said Noblemen unto the late action recommending the same to the consideration of all good subjects exhorting them as they tender the glory of God and love the preservation of the King and countrey faithfully to concurre and joyne with the said Noblemen in prosecuting the said grounds to the full deliverance of the Church and perfect reformation of the Commonwealth And if any should be found either by word maliciously or violently by way of deed to oppose to that good cause they shall be called before the particular Elderships and order put unto them by the censures of the Church and in case of their wilful and obstinate continuing therein be delated to the King and Councel to be punished for their offence civilly This Act of the date the thirteenth of October 1582. was published in all the Churches of the Realm to the offence of many good men who were grieved to see had cause thus coloured and defended But the Lords knowing that this approbation could not secure them had laboured the King to convocate the Estates for the same purpose The eighteenth of the same moneth being appointed for their meeting there came to the convention for the Church estate the Archbishop of S. Andrews the Bishops of Dunkeld and Orkney the Abbots of Dunfermlin Newbottle Paisley Driburgh Cambuskenneth Culrosse Inchaffray Coldingham and Pittinweyme of the Nobility there were present the Earls of Marche Arrol Marshal Bothwel who some few moneths before returned from beyond Sea Marre Rothes Glencarn Eglinton Gowrie and Morton the Lords Lindesay Home Ogilvy Hereis Boyd ... and Sinclare But from the Burghes there came not any Commissioners nor could they be moved to countenance this action in any sort conceiving as it fell out that how soon the King obtained his liberty he would censure and condemn the fact as treasonable To these alwayes that convened the King had a speech much to this effect That of all the vexations he had tried since his acceptation of the government in his own person the distraction of the Nobility was the greatest and at the present did grieve him most for the removing whereof he had called them together and expected their best counsel and help In other things he said that needed reformation he would be willing to follow their advice One of the Lords I find him not named made answer that the dissensions of the Nobility were caused chiefly by some that having his Majesties ear did abuse his favours ruling all things at their pleasure and disdaining the advice of other fellow counsellors Then falling into particulars he said that the Duke of Lennox and Earl of Arran had misgoverned all affaires and brought divers abuses into the State which unlesse some Noblemen had taken a course to remedy by their repairing to his Majesty both Religion and State in a short time had been subverted After this the Earl of Marre Gowry and Glencarne who had been the chief actors in that attempt rose up and having declared the cause which moved them to take that action in hand did humbly offer to submit themselves to the censure of his Majesty and the Estates and thereupon removing themselves forth of the Convention it was found and declared That in their repairing to the King upon the 22. of August last and abiding with him since
will answer that it is not their purpose presently and out of hand to enforce obedience but by fatherly admonitions and conferences to induce such as are disaffected But if any be of an opposite and turbulent spirit I will have them inforced to a conformity Neither tell me that the wearing of a surplice or using the Crosse in Baptism will diminish the credit of Ministers that have formerly dissallowed the same for that is just the Scotish Argument when any thing was concluded that sorted not with their humour the only reason why they would not obey was that it stood not with their credit to yield having been so long of a contrary opinion I will none of that but that a time be limited by the Bishops of every Diocese to such and they that will not yield whatsoever they are let them be removed for we must not preferre the credit of a few private men to the generall peace of the Church Throughout all this conference in every point that was moved or came to be talked of the King did shew such knowledge and readiness as bred not a small admiration in the hearers Chancellour Egerton wondering to see him so expedite and perfect in all sort of Divinity said That he had often heard and read that Rex est mixta persona cum Sacerdote but that he saw never the truth of it untill that day Let me adde that which I was afterward told by Richard Bancroft Archbishop of Canterbury for Whitgift died the next moneth after the conference one of the great glories of the English Church that when the Rolles were brought in of those that stood out and were deposed which was some years after they were found to be fourty nine in all England when as the Ministers of that Kingdome are reckoned nine thousand and above such a noise will a few disturbers cause in any society where they are tolerated In the March thereafter a Parliament was kept in England where the King after he had given thanks to the State for the generall applause they shewed in receiving him to the place which God by birthright and lineall descent had provided for him did earnestly move the union of the two Kingdomes that as they were made one in the head so among themselves they might be inseparably conjoyned and all memory of by-past divisions extinguished A motion that took well at first and seemed to be generally desired of both Nations but did not succeed as was wished The Parliament alwaies at his Majesties desire and for a demonstration of their obedience did nominate Thomas Ellesmore Lord Chancellor of England Thomas Earl of Dorset Thesaurer Charles Earl of Nottingham Lord high Admirall Henry Earl of Southampton William Earl of Pembroke Henry Earl of Northampton Richard Bishop of London Toby Bishop of Durham Anthony Bishop of St Davids Robert Lord Cecill principall Secretary to his Majesty Edward Lord Souch Lord President of Wales William Lord Monteagle Ralph Lord Eure Edmond Lord Sheffeild Lord President of the Councell of the North Lords of the higher House And Thomas Lord Clinton Robert Lord Buckhurst Sir Francis Hastings knight Sir Iohn Stanhop knight Vice-chamberlain to the Kings Majesty Sir George Carew knight Vice-chamberlain to the Queens Majesty Sir Iohn Herbert knight second Secretary to his Majesty Sir Thomas Strickland knight Sir Edward Stafford knight Sir Henry Nevill of Barkshire knight Sir Richard Buckly knight Sir Henry Billingsly knight Sir Daniell Dunne knight Dean of the Arches Sir Edward Hobby knight Sir Iohn Savile knight Sir Robert Wroth knight Sir Thomas Challoner knight Sir Robert Mansell knight Sir Thomas Ridgway knight Sir Thomas Holcraft knight Sir Thomas Hasketh knight his Majesties Attorney of the Court of Wards and Liveries Sir Francis Bacon knight Sir Lawrence Cawfield knight Serjeant at Law Sir Henry Hubbard knight Serjeant at Law Sir Iohn Bennet knight Doctor of the Lawes Sir Henry VVitherington Sir Ralph Grey and Sir Thomas Lake knights Robert Ashwith Thomas Iames and Henry Chapman Merchants Knights and Burgesses of the house of Commons Giving them or any eight or more of the said Lords of the higher house and any twenty of the said Knights and Burgesses of the said house of Commons full power liberty and Commission to assemble and meet at any time or times before the next Session of Parliament â—or treating and consulting with certain selected Commissioners to be nominated and authorized by authority of the Parliament of the realm of Scotland of and concerning such an union of the said realms of England and Scotland and of and concerning such other matters causes and things whatsoever as upon mature deliberation and consideration the greatest part of the said Lords Knights Citizens and Burgesses being assembled with the Commissioners to be nominated by the Parliament of Scotland shall in their wisdome think and deem convenient and necessary for the honour of his Majesty and the weal and commmon good of both the said realms during his Majesties life and under all his progenie and royall posterity for ever which Commissioners of both the said realms shall according to the tenor of their said Commissions reduce their doings and proceedings into writings or instruments tripartite every part to be subscribed and sealed by them to the end that one part thereof may in all humility be presented to his most excellent Majesty the second part to be offered to the consideration of the next Session of Parliament for the realm of England and the third to be offered to the consideration of the next Parliament for the realm of Scotland that thereupon such further proceeding may be had as by both the said Parliaments may be thought fit and necessary for the weal and common good of both the said realms A Parliament in Scotland for the same purpose was indicted to the tenth of Aprill and thereafter prorogated to the eleventh of Iuly at which time the Lords Spirituall and Temporall assembled by virtue of his Majesties Commission did ordain the persons following they are to say Iohn Earl of Montrosse Chancellor of Scotland Francis Earl of Arroll high Constable of Scotland Iames Earl of Glencarn Alexander Earl of Linlithgow Iohn Archbishop of Glasgow David Bishop of Rosse George Bishop of Cathnes Walter Prior of Blantire Patrick Lord Glammis Alexander Lord Elphingston Alexander Lord Fyvie President of the Session of Scotland Robert Lord Roxbrugh Iames Lord Abircorn Iames Lord Balmerinoth Principall Secretary of Scotland David Lord of Scone Sir Iames Scrimgeour of Dudop knight Sir Iohn Cockburn of Ormston knight Sir Iohn Hume of Couldenknowes knight Sir David Carnegie of Kinnard knight Sir Robert Melvill elder of Murdocarmie knight Sir Thomas Hamilton of Binnie knight Sir Iohn Lermouth of Balcony knight Sir Alexander Straton of Lawriston knight Sir Iohn Sheen of Curry-hill knight Mr. Iohn Sharp of Howston Lawyer Mr. Thomas Craig Lawyer Henry Nisbit George Bruce Alexander Rutherford and Mr. Alexander
besought his Majesty to accept graciously that which was done and made offer of their best service in perfecting that work as they should be imployed The king professing a great content did specially thank them for reserving his Prerogative in the preferment of men to offices and honours in either kingdome for inequality said he of liberties and priviledges is not the way to effect the union I desire capacity of offices ought to be equall to both people but the moderation of that equality must be left to me neither you to suspect that I will offer any manner of grievance to either of the Countreys or do any thing that may kindle emulation among them considering the desire I have to see you united in a fast and indissolveable amity This said he recommended the prosecution of that business in the severall Parliaments to their fidelity and trust wishing them to lay aside all jealousies needless fears and other worse passions in a matter that so nearly concerned the good and benefit of both kingdomes Some moneths before the King had assumed by virtue of his Prerogative the title of The King of great Britain commanding the same to be used from thenceforth in all Proclamations Missives and Treaties and the names of England and Scotland to be discontinued except in instruments of private parties and where legality of process would not admit the same this same in both kingdomes took ill but his Majesty esteeming those names whereby they had been called no better then names of hostility would needs have the antient name of Britain received and these of Scotland and England abolished In like manner he did prohibite the name of the borders to be used and ordained all places of strength in these parts the houses of Noblemen and Barons excepted to be demolished their Iron gates to be turned into Plow Irons and the inhabitants to betake themselves to labour and the exercises of peace for the same purpose he did break the Garisons at Barwick and Carlile And in memory of the union so happily begun made divers pieces of gold and silver to be coyned upon some whereof were engraven these inscriptions Quae Deus conjunxit nemo separet and Tueatur unita Deus On others Faciam eos in gentem unam and Henricus rosas Regna Iacobus During this conference the Lord Fivie President of the Session supplyed the place of the Scottish Chancellor and was shortly after preferred to the same office by the Earl of Montross his dismission who in stead thereof was made Commissioner and deputy of Scotland during life Secretary Elphingston was chosen President of the Session and all affairs trusted by his Majesty to the Chancellor and him with a speciall direction that they should be assisting to the Church and maintain those whom his Majesty had preferred in the places of Bishops in the same How they answered the trust committed to them in this particular we shall hear But leaving the matter of State let us now see how things went at that time in the Church The generall Assembly that should have kept at Aberdene in Iuly 1604 was continued because of the union to the same moneth in the year following The King being informed of a great preparation that the Ministers made for keeping that meeting and that they intended to call in question all the conclusions taken in former Assemblies for the Episcopall government directed the Commissioners of the Church to desert the Diet and make no indiction of another till he should be advertised They accordingly did intimate his Majesties pleasure to all the Presbyters and therewith as they were desired declare that his Majesty did purpose to call a number of the Bishops and disaffected Ministers to court and for preventing such disorderly meeting hear the differences that were among them debated in his own person The greater part resolved to obey nine Presbyteries onely of Fifty so many there are reckoned in the whole kingdome sent their Commissioners to keep the meeting The chief leaders of this stir was Mr. Iohn Forbes Minister of Awford and Mr. Iohn Welch Minister at Ayre These two having encouragement given them in private by some principally in the State used all means to bring the Ministers together were in expectation of a frequétassembly yet when the day appointed came there convened thirteen only and after some two or three days seven or eight more The names of the Ministers that convened were Mr. Charles Farum Minister of Fraserburgh Mr. Robert Youngson Minister at Clat Mr. Iames Mill Minister at lnnervry Mr. Alexander Straughen Minister at Creich Mr. David Robertson Minister at Feterangus Mr. Robert Rid Minister at Mr. Iames Irwyn Minister at Towch Mr. Iohn Monro Subdean at Rosse Mr. William Forbes Minister at Rinbethock Mr. William Davidson Minister at Ruthven Mr. Thomas Abernethy Minister at Hawick Mr. Iames Grey Minister at Lâ—wdon Mr. Nathaniel Ingly Minister at Cragy Mr. Iames Rosse and Mr. Archbold Blackburn Minister at Aberdene Iohn Rosse Minister at Blare Mr. Iohn Sharpe Minister at Kilmeny Mr. Andrew Duncan Minister at Cruill Mr. Robert Dury Minister at Anstruther with the said Mr. Iohn Forbes and Mr. Iohn Welch Sir Alexander Straiton of Lowreston Commissioner for his Majesty in Church affairs upon a rumour he heard of a meeting to be kept left any imputation of negligence should be laid on him prevented the same And by letters he had obtained from the secret Councell caused discharge the Assembly at the market Crosse of Aberdene they nevertheless convened the next day which being reported to the Commissioner he went to the place and in his Majesties name commanded to dissolve They replying That they were warranted by the laws of the Countrey and that they could not betray the liberties of the Church by giving way to such unlawfull prohibitions He shewed them that the libertie granted for keeping Assemblies could not annull his Majesties power nor denude him of his Prerogative in the continuing or discharging these meetings when he should finde cause For even the Parliament which is the highest Court of the kingdome said he is disposed as the King thinketh meet at his pleasure it is called prorogued dismissed and deserted as he judgeth most convenient And you will not I trust equall your Assemblies to the Parliament of the three Estates Besides you are not a number you want the ordinary Clark neither is the Moderator of the last Assembly present and can do nothing orderly After a little debating they request him to remove till they should del berate among themselves what were best for them to do but he was no sooner gone but then they choose Mr. Ihon Forbes Moderator and that done continued the Assembly to the last day of September thinking by this means to preserve their liberty Lowreston finding himself in this abused caused to execute the letters and denounced them Rebells And left they should make a
Brichen Mr. David Lindsay then Minister at Dundy At Edinburgh between the Magistrates and Ministers a great strife and discontent was raised because of the Peoples straying from their Churches at which the Magistrates were thought to connive Their usurpation besides in Church affairs especially the intending of a Clerk upon the Church Session did minister no small cause of offence The matter was brought before the King where in behalf of the Ministers it was said That they were unkindly used for the obedience given to the Acts of Perth Assembly the Magistrates by their Commissioner did on the other side inform That the Ministers were the cause of the peoples disobedience some of them having directly preached against the Acts of Perth and all of them affirmed that these Acts were concluded against their hearts His Majesty remitting the triall of these complaints to his Secretary and to the Archbishops of S. Andrews and Glasgow when as they had examined the same it appeared that both the one and the other were in fault and that the mistakings among them were not the least cause of the disorders in that Church whereupon they were admonished to lay aside their grudges and to keep one course for the retaining the people in the obedience of God and his Majesty The Magistrates and Councell were likewise commanded as the King had given direction to provide four other Ministers besides those that were in present service and perfect the division of the Town in Parishes which had been often promised And so shortly after this were Mr. William Forbes Minister at Aberdene Mr. Iohn Guthry Minister at Perth Mr. Iohn Maxwell Minister at Murchlack and Mr. Alexander Thomson Minister at Cambuslang translated from their severall Churches and placed Ministers at Edinburgh The next year beginning the year 1620 the wars of Bohemâ—a growing hot and the Palatinate invaded the King took in minde the defence of his daughter and grandchildren in their Patrimony and because a supply of money was required to such a business the Councell was desired to travell with the Noblemen the Members of Session and the Town of Edinburgh for a voluntary contribution knowing that others by their example would be drawn thereto The Noblemen meeting to this effect the 24 of November expressed a great forwardness to satisfie his Majesties desire yet fearing that all the contributions when they were brought together should prove unworthy advised the Councel rather to call a Parliament and impose upon the subjects by way of Tax a reasonable proportion according to the wealth and substance that every man had This being signified to the King he refused to have any supply by Tax for he considered that the collection would require a time and a burthen should that way be cast upon the Commons and poor labourers of the ground which would make an outcrying among the people therefore he desired as before that Noblemen and those others he had named in his first letter should be urged to shew their liberality A new meeting for this business being kept in Ianuary there after divers overtures were made for giving his Majesty content The Noblemen that were present made offer to give a benevolent according to their abilities and divers of their rank being minors and others abroad in their travells they saw not who would undertake for them The Town of Edinburgh being pressed with an answer excused themselves as being one Burgh only and lacking the concurrence of the rest without which any supply they could make would be of little worth The Advocates Clerks and other members of the Session gave in effect the like answer so as they were forced to turn unto the first overture for a Parliament And for that the difficulties of the contribution could not so well be expressed by letter it was thought meet that one of the Councel should be sent to inform his Majesty of the reasons and necessity they had to call a Parliament This employment being laid upon the Archbishop of S. Andrews he took journey about the end of the same moneth and obtained after a little insisting his Majesties warrant for a Parliament thus was it indicted to keep at Edinburgh the first of Iune and prorogued to the 23 of Iuly thereafter In this mean time it happened that Sir Gedeon Murray Thesaurer deputy being then at Court an information was made against him for abusing his office to the Kings prejudice The informer was Iames Stuart stiled the Lord Ochiltry who out of malice carried to the Gentleman for the strictness which he had used in calling him to an account for the duties of Orkney made offer to justifie the accusation and by the assistance of some of better credit then himself prevailed so farre that the matter was remitted to the triall of certain Counsellors at home the Gentleman being of a great spirit and taking impatiently that his fidelity whereof he had given so great proof should be called in question upon the information of a malitious enemy by the way as he returned from Court did contract such a deep melancholy as neither counsell nor comfort could reclaim him so farre was he overgone that no advice given by friends nor offer of their assistance nor the company and counsell of any whomsoever could reduce him to his wonted estate And so after he came to Edinburgh within a few days departed this life It was not doubted if he should have patiently attended the triall but he had been cleered and the accusation proved a meer calumny nor was it thought that the King did trust the information but only desired to have the honesty of his servant appear yet such was his weakness courage I cannot call it as giving scope to his passions of anger and grief he suffered himself to be therewith oppressed By his death the King did lose a good servant as ever he had in that charge and did sore forethink that he should have given ear to such delations But of that pestilent sort some will never be wanting in the Courts of Princes and happy is the King that can rid himself of lyers in that kind The Gentleman alwayes dyed happily and had his corps interred in the Church of Halyrudhouse The time of Parliament drawing neer the Marquiss of Hamilton was employed as Commissioner for keeping the same at his first coming having understood the business that some turbulent Ministers were making to impede the ratification of the Acts of Perth Assembly he caused discharge all the Ministers out of the Town the ordinary Preachers excepted and two of the number that would not be made quiet he sent prisoners to Dumbarton all that time he did carry himself and the matters committed to his trust with such wisdome and foresight as within a few days he brought them all to the end which he wished without any open contradiction The subsidie desired was granted the Acts of Perth Assembly ratified and divers
questioned if at any time since his last coming into England he had preached he answered That he had not preached but in some places where godly people were assembled he did read the prayers of the the Communion Book set forth in the Reign of King Edward the sixth And being asked what his judgement was of the said book he confessed That he did approve the same as agreeing in all points with the word of God The Bishop used many perswasions to make him recant and detained him some weeks in prison to try what he would do but finding him resolute and constant in his profession he brought him forth to be judged Where one Morgan a Bishop of S. Davids assisting he was charged first That being a Priest and in Orders he had married a wife next That he refused to use the Latine Service and thirdly That he would not go to the Masse To the first point he answered That Orders were not an impediment to marriage and that he had done lawfully in taking a wife To the second and third he said If he were to live Methuselahs dayes he would neither use the Latine Service nor be present at Masse which he counted abominable Upon these answers he was condemned degraded and put in the hands of the secular Magistrate who the next morning being the 21. of November caused him to be burnt in Smithfield Thus ended that worthy Minister and Martyz of Christ of whom I thought fit in this place to say so much though his sufferings fell out some years after The summer following about the beginning of Iune the absolution promised to those of the Castle returned from Rome whereupon the Keepers were required to render the house according to the capitulation made But they alledging the absolution not to be sufficient because of some words contained in the Bull wherein it was said remittimus crimen irremissibile we remit a crime which cannot be remitted refused to accept the same It was answered that such a clause was insert only for aggravating the crime and that the absolution was in it self valid enough But they would not be satisfied and so complaining that promise was not kept with them resolved to stand to their defence In the end of the same moneth there arrived twenty one Gallies sent from France under the command of Leon Strozius within sight of the Castle The Governour was at that time in the borders and upon advertisement of the Gallies arriving came with such diligence as divers who belonged to the Castle being in the City had no leisure to re enter and some who were gone thither for private businesse were forced to stay within Shortly after his coming the siege was confirmed by sea and land trenches cast and the Canons planted some in the Abbey steeple some in S. Salvators and some in the street that leads to the Castle Then began the battery both by sea and land but that of the sea did not great harm The siege continuing all the moneth of Iuly upon the twenty nineth day in the South-quarter on which the Canon had played furiously that morning a great breach was made this terrifying the defendants who to that time shewed great courage expecting reliefe from England and indeed a navall Army was prepared to come but King Henry dying about the same time it was stayed beside the danger they apprehended of the breach the plague within the house was hot thereof every day a number died So perceiving no help and the sickness increasing they came to a capitulation where it was agreed that the lives of all within the Castle should be saved the Principals transported unto France and if they liked not to remain there be conveighed upon the French Kings charges to what countrey they pleased Scotland excepted Immediately the Castle was rendered to the French Captain who sent his men to receive the prisoners and make spoile of all that was in the house They found of victuals great store wherewith they furnished the Gallies But the Cardinals treasure and household-stuffe which was very precious pleased them better All this with the wealth the defendants had for they had brought all their substance thither fell into the hands of the French the fourth or fifth day after the Gallies put to Sea and about the midst of August arrived safe at Roan in Normandy where some of the prisoners were incarcerated others detained all the winter in the Gallies especially Iohn Knox Mr. Iames Balsom with his brothers David and Gilbert The Castle after the French were gone was by act of Councel demolished which some said was done to satisfie the Popes law that ordaines the places where Cardinals are slain to be ruinated but the true cause was the fear the Governour had that England should take the house and fortifie it as they did some others a short while after This revenge taken of the Cardinals death gave the Priests some satisfaction who reckoned it a part of their happinesse to be rid in this sort of Iohn Knox and others that they knew to be their enemies But the Duke of Somerset entering with a strong Army into Scotland in September next put all in a new feare The Governour sent Proclamations through the countrey charging all that could bear Armes to meet at Edinburgh for the defence of the Realm many of all sorts assembled and with greater diligence then was expected which made the Duke of Somerset who was a Nobleman well inclined and hated the shedding of blood to write unto the Governour and Nobility intreating them to consider That both the Armies consisted of Christian men who above all things if they were not forgetful of their profession ought to wish peace and quietnesse and have in detestation warre and unjust force as likewise to remember that the cause of the present invasion did not proceed from covetousnesse or malice but from the desire of a perpetual peace which could not be so firmly made up by any mean as by marriage which they knew was promised and by the publick consent of the whole Estates ratified upon conditions more beneficial to the Scots then to the English insomuch that they were called not unto a servitude but unto a common fellowship and a liberal communication of all their fortunes which could not but be more commodious to the Scots then to the English the hope of advantage and the fear of injuries being alwayes greater from the party that is more strong to that which is the weaker And for the businesse in hand he desired them to consider this especially that seeing there was a necessity of giving their Queen in marriage to some man if they did either respect their profit or honour they could not make a better choice then of a King their neighbour born in the same Isle joyned in propinquity of blood instructed in the same lawes educated in the same manners and language superiour in riches and in all
of no mean power who made him daily advertised of things that passed there and the small numbers that were with the Queen willing him to take the opportunity Whereupon resolving to follow his enterprise before the forces of the Queen were further increased for charge was gone to all that could bear Armes in Lothian Fife Angus Stratherne and Mernis to come and attend her at Aberdene he advanced with some 800. in company looking to find no resistance And like enough the enterprise had succeeded to his mind but that the same morning letters were intercepted sent by Sutherland and Buquhaine to Huntley which detected all their counsel Sutherland upon discovery escaped Buquhaine was pardoned upon his confession and from thenceforth served the Queen faithfully Huntley advertised of these things was advised by his friends to turn back yet hearing the Earl of Murray was coming against him he made a stay resolving to fight The place of standing he chused was naturally fenced with mosse and quagmire and so of difficult accesse 300 they were in all for many of his followers the night preceding were slipt from him Neither had the Earl of Murray any great number and few whom he might trust for howbeit of the countrey about divers gathered unto him most of them were corrupted by Huntley as appeared when the companies came in sight one of another all of them in sign of treason and that they might be discerned by the enemy putting a bush of heath or header in their helmets and how soon they came to joyn giving back and retiring in great disorder The Earl of Murray who stood a little off with an hundred in a troop discovering the treason called aloud to his men that they should bend their Spears and not suffer those that fled to enter amongst them So forced to take another course they went aside leaving him and his troop when they had taken their standing Huntley imagining upon that flight and disorder the day to be his commanded his men to throw away their lances and with drawn swords to run upon them as to a slaughter But when they were come to the place where Murray with his company stood they were born back and compelled to fly as fast as before they followed They who had played the Traytors seeing this to clear themselves turned upon Huntley and made all the slaughter which was committed that day There fell in the conflict on Huntleys side 120. near as many were taken prisoners on the other party not a man died Amongst the prisoners was the Earl of Huntley himself with two sonnes Iohn and Adam Gordon The Earl was aged and corpulent and by reason of the throng that pressed him expired in the hands of his takers the rest were carried to Aberdene late in the night The Earls of Murray Morton and Lord Lindesay for these last two had been in the field with Murray went first into the Church where Mr. Iohn Crage Minister of that City gave solemn thanks to God for the victory and their safety This ended they went unto the Queen who received them graciously yet expressed no motion of a mind either troubled or much joyed The next day was spent in taking counsel concerning the prisoners the conclusion whereof was that punishment should be taken according to the laws of Iohn Gordon That Adam his brother should be spared because of his tender age the other captives fined according to their wealth and those of meaner estate banished the countrey The day following Iohn Gordon upon a scaffold erected in the street of Aberdene was publickly executed His death was much lamented not by his friends only but even by strangers and persons unknown for he was a youth of most brave and manlike countenance of a valorous spirit and one who by his noble behaviour had raised great expectation of himself Abused he was by the hopes of a royal match and which grieved all the beholders pitifully mangled by an unskilful Executioner This defeat of Huntley brought the North parts in a great obedience and mightily discouraged those of the Popish faction throughout the whole Realm for all that sort had placed their hopes on him and his greatnesse both in the Court and countrey The eldest of his sonnes named George after the losse of that field fled to the Duke his Father in law and was delivered by him to the Queen who sent him prisoner to Dumbar In the end of Ianuary he was accused and convicted of treason his lands declared to be forfeited and himself committed to prison Shortly after Iohn Hamilton Archbishop of S. Andrews was committed in the Castle of Edinburgh for saying and hearing of Masse The Abbot of Corsragnal and Prior of Whithern were used in the like sort and divers Priests and Monks for the same cause censured The severe proceeding against Papists put many in hope that the Queen should be brought to embrace the Religion which was further assured by the countenance she gave unto the Church in the Parliament kept at Edinburgh the May following wherein divers statutes passed upon their Petitions as in the Acts of that time may be seen In this Parliament was the Act of oblivion agreed unto at the treaty of Leth first ratified but without any respect to that treaty which the Queen would never acknowledge Wherefore it was advised that the Lords in the house of Parliament should upon their knees entreat the passing of such an Act which accordingly was done The rest of this summer the Queen spent in hunting in the countries of Athol and Argyle But in August the same year there happened a thing that was like to have caused much trouble certain of the Queens family that remained in the Palace of Halirudhouse had a Priest attending them who did his ordinary service in the Chappel divers of the town of Edinburgh resorting unto it great offence was taken and the disorder complained of by the Preachers The Citizens being informed that many of their people were gone thither one day went down and being denied entry forces the gates Some were taken and carried to prison many escaped the back way with the Priest himself The uproare was great and advertisement gone to the Queen thereof she was mightily incensed avowing not to come to the Town till some exemplary punishment were inflicted upon the doers yet by the mediation of the Earls of Murray and Glencarne she was pacified Iohn Knox only was called before the Councel and charged to have been the author of the sedition as likewise for convocating the subjects by his missive letters whensoever he thought meet He answered That he was never a Preacher of rebellion nor loved to stirre up tumults contrariwise he taught all people to obey their Magistrates and Princes in God As to the convocation of the subjects he had received from the Church a command to advertise his Brethren when he saw a necessity of their meeting
with the Citizens of Glasgow the Harquebusiers were planted in the Village beneath and within the hedges upon the high-way Before the joyning both sides played with their Ordinance upon others but the advantage was on the Regents part the Queens Canoniers being forced to quit their munition His Cavalrie on the other side being much inferiour to the Queens was compelled to give ground but when they entered upon the foot thinking to put them in disorder the Archers from the Regents side rained such a shower of arrowes upon them as they could not hold up their faces and were forced to turn back The left wing of the Queens Army advancing it self in the mean while howbeit greatly annoyed by the Harquebusiers that beat them in the strait on both sides got into the plain and displayed it self Then did the Armies joyn and enter into a hot fight striving in thick ranks to maintain their places and by force of spears to break and bear down one another for the space of half an hour and more the fight continued doubtful and so eagerly they strove that they whose spears were broke stood throwing their poynards stones and what came readiest to their hands in the faces of their adversaries The Regents second battel perceiving that none came against them and fearing the other should be overlaid for they saw some in the last ranks recoiling went unto their aid whereupon the Queens Army gave back and so were put to rout The Regent and those on his side shewed great manhood all their hopes consisting in the victory nor were his enemies any lesse couragious but the advantage of the ground were to those of his part no small help There were not many slain on the place most of the slaughter being made in the chace and unlesse the Regent had with his presence wheresoever he came and by sending horse into all parts stayed the fury of those that pursued the victory had been much more bloody The Queen who stood a mile off from the battel on a litle height perceiving the field lost made towards the borders The rest that escaped fled the readiest way they could find every man to his own home The number of the slain was about 300. many were taken prisoners amongst whom the most eminent the Lords of Seaton and Ross the Masters of Cassils and Eglington Sir Iames Hamilton of Avendale and the Sheriffes of Aire and Linlithgow Of the Regents side one only was slain the Lords Home and Ochiltrie wounded All the rest a few excepted that followed the chace too farre returned with him to Glasgow where they went first to Church and gave thanks to God for the victory they had obtained almost without any effusion of blood This conflict happened upon the 13th of May. the eleventh day after her escape from Lochlevin The French Ambassadour who had conceived an assured hope of her prevailing perceiving things fall out otherwise took horse and made away to England not once saluting the Regent to whom as he pretended he was sent By the way he fell in the hands of some robbers that rifled all his baggage which the Laird of Drumlanrig for the respects he carried to the title of an Ambassadour caused to be restored The rest of that day the Regent bestowed in taking order with the prisoners some he freely dimitted others upon surety but the Principals were detained they especially of the Surname of Hamilton and committed to several prisons The next day taking with him 500. horse he rode unto Hamilton and had the Castle thereof with the house of Draffan another strong hold belonging to the Duke rendered in his hands Such a terrour this defeat wrought that the whole inhabitants of Cluid did relinquish and forsake their houses upon the like fear did the Queen against the counsel of her best friends take Sea at Kirkcadbright and sail into England landing at Wirkinton in Cumberland near to the mouth of the river Derwent from which place she sent a letter to Queen Elizabeth declaring that she was come into her Kingdome upon hope of aid and assistance from her requesting she might be conducted to her with all speed because of her present distresse Iohn Beaton one of her domesticks was some days before sent with the Diamond she had received from the Queen of England for a token of kindnesse to signify her purpose of coming into England if she should be further pursued by her subjects who did shortly return with large promises of love and kindnesse if she should happen to come But as soon as her coming was known the directions sent by Sir Francis Knowles were not so loving for by him she was desired to go unto Carlile as a place of more safety whither the Lieutenant of the countrey should conduct her and stay there till the Queen was informed of the equity of her cause This direction did much displease her and then began she to see her errour but seeming to take all in good part she sent the Lord Hereis to intreat the Queen for an hearing in her own presence where she might both clear her self and shew how injuriously she had been dealt with by those whom at her intercession she had recalled from exile or if that could not be obtained to crave that she might be permitted to depart forth of England and not detained as a prisoner seeing she came willingly thither in confidence of her kindnesse often promised and confirmed as well by letters as messages Queen Elizabeth moved with these speeches said that she would send to the Regent and desire him to stay all proceeding against the subjects that stood in her defence till matters were brought to an hearing For the Regent at the same time had called a Parliament to the 25. of Iune for proceeding against those that had accompanied the Queen in the fields by course of law They of the Queens faction were in the mean time preparing to hinder the meeting and when as the Diet drew near the Earl of Argile with his forces met Lord Claude Hamilton at Glasgow the Earl of Huntley brought from the North 1000. foot with as many horsemen almost and came as farre as Perth but was not permitted to crosse the river of â—ay the channels and passages being all guarded by the Lord Ruthven and such in those quarters as maintained the Kings authority So being forced to return home the Earl of Argile and other Lords not seeing how they could hinder the meeting of the Parliament dissolved their companies and returned to their own countrey At this time came the letters promised by the Queen of England whereby the Regent was desired to delay the Parliament and not to precipitate the giving of sentence in these matters till she was rightly informed of the whole cause But the Regent considering that the delay of the Parliament would be constructed to proceed of fear resolved to keep the Diet. At the meeting it was long disputed
passe out of the fields as suspected of the Kings murther till the same might be tried and that she would go with them and follow the counsell of the Nobility which if she would do they would honour serve and obey her as their Princess and Soveraign whereunto her Majesty for the love she bare unto her subjects and to avoid the effusion of Christian blood did willingly assent In verification whereof the said Laird of Grange took the Earl of Bothwell at the same time by the hand and willed him to depart giving his word that no man should pursue him So as nothing is more clear then that he passed away by their own consents for if they had been minded against him only would they not have pursued him so long as he was in the Countrey for he remained a great space after that in his own house and might more easily have been taken there then upon the Seas where they in a coloured manner did pursue him Hereby said they may all men of found judgement perceive that they cared not what became of him if so they might advance their own ambitious purposes and designes Thirdly where she is charged to have used them with threats and menacings that they said was not to be thought strange considering their undutiful behaviour and the rude and vile usage her Majesty suffered by them For when the Earl of Morton at her highnesse first coming to them had reverently as it became him said Madame here is the place where your grace should be and we will honour and serve you as truly as ever the Nobility of the Realm did any of your progenitors in former times ratifying thereby the promise made by the Laird Grange in their names to her Majesty and that she trusting their speeches had gone with him to Edinburgh they first lodging her in a simple Burgesse house and contrary to their promises did most rudely intreat her whereupon she sent Lethington her Secretary and made offer unto them that for any thing wherewith they or any of the subjects were offended she was content the same should be reformed by the Nobility and the Estates of the Realm her Highnesse being present and permitted to answer for her self yet would they not hearken once to the motion but in the night secretly and against her will carried her to Lochivin and put her in prison As to that they say that she wearied with the molestations of government did make a voluntary resignation of the Kingdom in favours of the Prince her sonne appointing the Earl of Murray his Regent during his minority The falshood thereof did as they said many ways appear For first her Majesty is neither decayed by age nor weakned by sicknesse but praised be God both in mind and body able to discharge the most weighty affairs As also the truth is that the Earl of Athol the Lairds of Tullibardin and Lethington who were of their Councel sent Robert Melvil with a ring and some other tokens to her Majesty advising her to subscrive the letters of resignation and what else should be presented unto her to save her own life and avoid the death which was assuredly prepared for her if she should happen to refuse the same and at the same time the said Gentleman did bring unto her Majesty a letter written by Sir Nicholas Throgmorton Ambassadour of England requesting her Highnesse to set her hand to whatsoever they should desire of her To whom her Majesty answered that she would follow his counsel praying him to declare to her dearest sister the Queen of England how she was used by her subjects and that the resignation of the Crown made by her was extorted by fear which her Highnesse doubted not but the said Nicholas performed Further it is notorious that the Lord Lindesay at the presenting of the letters of resignation unto her Majesty did menace to put her in close prison if she refused to put her hand to the same adding that in that case worse would shortly follow and that her Highnesse never looked what was in the writings presented but signed the same with many tears protesting that if ever she should recover her liberty she would disavow that which he compelled her at that time to do And to testify that the said resignation was made against her will the Laird of Lochlevin who was then her Keeper refused to subscrive it as witnesse and did obtain a Testificat under her Majesties own hand declaring that he refused to be present at the said resignation Neither can that renuciation be sustained by any reason considering that no portion of Revenue was reserved for her to live upon neither was her liberty granted or any security given her of her life All which weighed in the ballance of reason will to men of indifferent judgement make manifest that the alledged dimission so unlawfully procured can never prejudge her Majesty in her Royal estate especially considering that at her first escape out of prison she did revoke the same and in the presence of a great part of the Nobility at Hamilton by a solemn oath declared that what she had done was by compulsion and upon just cause of her life For the Coronation of her Highnesse son they said that the same was most unorderly done because there being in the Realm above an hundred Earls Bishops and Lords having voice in Parliament of whom the greatest part at least ought to have consented thereto it being an Action of such consequence four Earls and six Lords the same that were present at her apprehension with one Bishop and two or three Abbots and Priors were only assisting and of the same number some did put in a protestation that nothing then done should prejudge the Queen or her successor by reason she was at that time a captive Nor can any man think that if the dimission had been willingly made her Highnesse she would ever have nominated the Earl of Murray Regent there being many others more lawful and that have better right thereto then he of whom some have been governours of the Realm in former times and during her Majesties minority had worthily exerced that place It is to as little purpose that they object of the Parliament and the ratification made therein Seeing the principalls of the Nobility disassented and put in their protestations both to the Lords of the Articles and in the open Parliament against their proceedings affirming that they would never agree to any thing that might hurt the Queens Majesties person her Crown and Royall estate further then her Highnesse self being at liberty would freely approve Lastly where they would have it seen that the authority established by them was universally obeyed in the Realm and all things well and justly administred both these are alike untrue for a great part of the Nobility have never acknowledged another authority then that of the Queen keeping and holding their Courts in her Majesties name And for the administration of affairs it
punish the committers of that insolence The Councel returning many thanks to the Queen for her kind Ambassage excused themselves by the present troubles that no determinate answer could as then be given to his propositions and therefore besought him to have patience unto the first of May at which time the Estates of the Realm were to meet by whom her Majesty should receive all satisfaction The Estates convening at the day William Douglas of Lochlevin brother uterine to the late Regent preferred a Petition to the Councel for some course to be taken in the revenge of his brothers murther considering he was taken away in the defence of the common cause of the Realm and not upon any private quarrel The Petition was held reasonable by all that were present every one consenting to the pursuit and punishment of the murtherer and his complices But in the manner they agreed not some advising that not the murtherer only but all who were suspected to have had a hand in the treachery should be called to underlie the ordinary trial of law at a certain day Others esteeming such a form of processe unnecessary with them who had already taken Arms to maintain the fact and that the best course were to pursue with all hostility both these that were delated of the recent crime and such as had been forfeited in the Parliament preceding Many inclined to the last course yet because it was opposed by divers of special note there was nothing concluded in the businesse which was generally ill taken of the people who construed the delay to proceed of some private favour carried to the enemies and to be done of purpose that either with time the hatred of the murther might be lessened or the adversaries might have leisure to make themselves more strong The Assembly of the Church in the mean while which was then convened at Edenburgh to declare in what detestation they had the murther committed did ordain the murtherer to be excommunicated in all the chief Burghs of the Realm and whosoever afterwards happened to be convicted thereof to be used in the same manner In this Assembly divers constitutions were made for discipline and amongst others an Act for the publick inauguration of Ministers at their entry whereunto the revolt of some Preachers gave occasion that forsaking the Pulpit took them to the pleading of causes before the Lords of Session It was then also condescended that forth of the thirds five thousand merks should be yearly paid for the furnishing of the Kings house and the Church burthened with no further duty Some few days after the principals of the Queens faction being convened at Glasgow the Earl of Argile and Lord Boyd did write to the Earl of Morton and offer to joyn with the rest of the Nobility in the trial and punishment of the Regents murther so as the meeting were appointed at Striveling Falkirk or Linlithgow for to Edenburgh they would not come This letter as he was desired he communicated with the Secretary who was after the Regents death come forth of the Castle and by the Earl of Atholl brought again unto the Councell having first purged himself of the accusation laid against him and promised to submit himself unto the most severe triall that could be taken his advice to the Earl Morton was that the Noblemen should all be brought to Edenburgh which for those of the Queens party he undertook to do and to that effect he sent letters unto the principalls of that faction shewing that they had no cause to fear being in forces superiour to the others and having the Lord of Grange on their side for he had then plainly declared himself for the Queen who was both Provost of the Town and commanded the Castle Thus about the midst of March the Earls of Huntley Atholl and Crawford with the Lords Ogilvy Home and Seaâ—on did meet at Edenburgh The Earl of Argile the Hamiltons and the Lord Boyde came as far as unto Linlithgow but by occasioned of a tumult raised amongst some souldiers they were forced to disperse their companies and return home to their dwellings Within a few dayes the Earls of Marre and Glencarne came likewise to Edenburgh after whose coming the Lords of both factions meeting to confer did think fit to continue all things till the Earl of Argile was advertised whose authority was great in those times And when it was known that he was gone back from Linlithgow the Earl of Huntley followed to perswade his return but he would not consent They write the Secretary should have privily disswaded him as one who loved to keep all things loose but I do not see what advantage he could expect that way and think rather that as his estate then stood he did earnestly desire to have matters accorded The true cause of Argiles declining that conference seems to have been the averseness of his brother and others of his friendship who refused to follow him in that quarrel and carried a constant affection to the maintaining of the Kings authority When as the other Noblemen perceived that Argile would not come they began to treat of the choice of a Regent in place of him who was taken away Here first they fell to question their own power and authority which some maintained to be sufficient because of the Patent the Queen had given at first for the administration of affairs in her sons minority in which seven Noblemen were named besides the late Regent and that of this number they might choose as they said any one Others reasoned that no respect ought to be had to that Patent the same being expired by the creation of the last Regent for which only at the time it was granted The more moderate gave their opinon that all proceeding in that businesse should be delayed till the convention of the Estates in May next This was likewise opposed by a number that esteemed the protracting of time dangerous and thought that it concerned the Noblemen who had first assisted the Coronation of the King and continued firm in his obedience to nominate a Regent that would be careful of the young King his preservation and of the quiet and tranquillity of the Realm But this opinion as tending to the fostering of discord was rejected So that meeting dissolved without any certain conclusion At the same time one Monsieur Verack Cubiculare to the French King landed at Dumbarton bringing letters to the Noblemen of the Queens faction full of thanks for the constant affection they had shewed in maintaining the cause and promises of present succours This did so animate them as in a frequent meeting kept the first of April at Linlithgow they began to discover the intention which before they had concealed of making war upon England for this as they judged would serve to oblierate the late Regents murther And to give the more authority to their proceedings they took purpose to remove to
and then rendered at discretion Cap. Cowts with 30. of his souldiers were executed because they had once served and made defection The rest were pardoned upon surety not to carry arms against the present authority This expedition ended the Regent returned to Edinburgh In the the Moneth of August by letters from Denmark it was advertised that Colonel Iohn Clerk who had served the King there in his warres with Sweden was imprisoned by the suggestion of some countreymen that laboured for Bothwels liberty Whereupon Mr. Thomas Buchannan brother to Mr. George Buchannan the Kings Tutor was sent in Ambassage to Denmark to require that Bothwel might be delivered and sent into Scotland to the effect justice might be done upon him or then that he might be judged there for the detestable murther committed upon the person of the Kings father and receive his due punishment This had before that time been often desired but was delayed by divers occasions and now the report of Bothwels greater liberty and that he had been permitted to accuse colonel Clerk a Gentleman well esteemed of good reputation for his service done both at home and in parts abroad the Regent and Councel took occasion to put that King in remembrance of their former requests and if any doubt was made in those parts of Bothwels guiltiness they offered to clear the same by evident probation thereupon intreated him by the communion of blood and nigh kindred betwixt him and the King of Scotland that he would not suffer such a nefarious person to escape In the same letters they requested that the Colonel might be set at liberty and restored to the Kings wonted favour or then be licenced to return into Scotland where there was present use for his service This Ambassage was not without fruit and put Bothwel out of all credit so as desperate of liberty he turned mad and ended his wicked life some years after as before was touched most miserably All things now went ill with the Queens saction neither saw they a way to subsist but by labouring an Abstinence which the Secretary earnestly went about and prevailed so farre with the two Liegers of France and Spain as they brought the Queen of England to a new Treaty with the Scots Queen and to hearken unto some overtures which she did make both for the Queens assurance and for the setling of a perfect peace betwixt her and her son and those that stood in his obedience This moved the Regent he did greatly oppose it yet the Queen of England would needs have him agree to the Abstinence for the space of two moneths in which it was thought the Treaty should take an end Great dispute there was about the tenour and form of the Abstinence which at last was accorded in these terms That the Regent should oblige himself and his partakers to cease from Arms and not to molest any that pretended obedience to the Kings mother during the space of two moneths which should be understood to begin the third day of September providing that no innovation should be made in the government and all things continue in the same estate wherein they were at the death of the late Regent As also that the ordinary administration of the Law and Justice in Parliament Session and other Courts with the punishment of thieves and trespassers might proceed in the mean time by law or force in the Kings name and under his authority without any opposition This granted by a second letter the Queen of England signified That she had appointed Sir William Cecill her principal Secretary and Sir Walter Mildmay Chancellour of the Exchequer to repair to the Queen of Scots and learn what offers she would make for her Majesties surety and the not disturbing the Realms if she should be put to liberty In which treaty she minded not to neglect the surety of the young King and the estate of the Nobility adhering to him whereof she would be no lesse careful then of what concerned her self most But in regard that treaty could take no good effect if the Regent and the Nobility on his side should do any thing to the prejudice of the Queen of Scots and her party she desired that no Parliament should be kept during the time of the treaty or if it had taken beginning before the receipt of the letter that nothing should passe therein which might give her cause to complain And for the Abstinence taken unto the third of November seeing there was no likelihood the treaty should take an end in so short a time he was further desired to prorogue the same for other two moneths The letter dated at Windsor the seventh of October was brought to the Regent the thirteenth some two days after the Parliament was begun This treaty did much perplex the Regent for albeit he was advertised before of the Queen of Englands condescending to hear what the Scottish Queen would say in her own cause yet he did not expect any such suddain dealing or that it should have begun without his knowledge But making the best construction of all things he answered That the Parliament had taken a beginning before her Majesties letters came to his hand and for the reverence he did carry to her he had abstained from all proceeding in any matters only his office of Regiment was confirmed and the Parliament adjourned unto the moneth of January before which time he hoped the fruit of that treaty would appear For the prorogation of the Abstinence he had declared at the first how hurtful the same was to the King his affairs and that there was no true meaning in the adverse party ad did manifestly appear by the arresting of the ships and goods of the Scottish Merchants professing the King his obedience in the Kingdome of France and other divers insolencies practised at home since the granting thereof That howsoever he was perswaded her Majesty had not a mind under colour of the Abstinence to ruine the young King and those that stood in defence of his authority yet they had received more hurt thereby then they could have done if open hostility had been professed Therefore he desired that before he was urged with a further cessation the ships and goods stayed in France might be set free the injuries committed at home repaired and all things innovated in the Government since the late Regents death disannulled by Proclamation which things performed he should willingly obey her Majesties desire Upon this last part of the letter many debates arose amongst the parties and divers particulars on either side were exhibited in writing to the Earl of Sussex for verifying a breach of the Abstinence against others That which I find most insisted upon was the denouncing of Secretary Lethington Rebell who being cited to appear at a certain day before the Regent and Councel was for his contumacy sentenced to lose his office and have his goods consiscated The Regent challenged of
he not charged with this nor seemed he to be touched therewith in his death which to the judgement of the beholders was very peaceable and quiet He was heard to make that common regret which many great men have done in such misfortunes That if he had served God as faithfully as he had done the King he had not come to that end but otherwise died patiently with a contempt of the world and assurance of mercy at the hands of God The same day Archibald Douglas called the Constable and Mr. Iohn Forbes servant to the Earl of Marre were executed the rest who were taken in the Castle had their lives spared and were banished the countrey and David Home of Argaty and one Iohn Shaw were pardoned The King after this returned to Edinburgh where he gave order for charging the houses of the fugitive Lords and their friends and upon information made that certain of the Ministery had dealing with the Rebels summons were directed to charge Mr. Andrew Hay Parson of Ranfrew Mr. Andrew Polwart Subdean of Glasgow Mr. Patrick Galloway and Mr. Iames Carmichael Ministers to compeir before the Councel Mr. Andrew Hay compeired and nothing being qualified against him was upon suspicion confined in the North. The other three not compeiring were denounced Rebels and fled into England The Parliament declared current at the time for the more speedy dispatch of businesse convened the 22. of May In it his Majesties declaration concerning the attempt of Ruthven was ratified The King his authority over all persons in all causes confirmed The declining of his Majesties judgement and the Councels in whatsoever matter declared to be Treason The impugning of the authority of the three Estates or procuring the innovation or diminution of the power of any of them inhibited under the same pain All jurisdictions and judicatures spiritual or temporal not approved of by his Highnesse and the three Estates discharged and an Ordinance made That none of whatsoever function quality or degree should presume privately or publickly in Sermons Declamations or familiar conferences to utter any false untrue or slanderous speeches to the reproach of his Majesty his Councel and proceedings or to the dishonour hurt or prejudice of his Highnesse his parents and progenitors or to meddle with the affaires of his Highnesse and Estate under the pains contained in the Acts of Parliaments made against the makers and reporters of lies Whilest these statutes were in framing the Ministers who were informed thereof to work at least a delay sent Mr. David Lindesay to intreat the King that nothing should pass in Act concerning the Church till they were first heard Arran getting intelligence of this caused arrest him as one that kept intelligence with England so as he was not permitted to come towards the King The first night he was kept in Halirudhouse and the next morning sent prisoner to Blackness where he was detained 47. weeks Mr. Iames Lawson and Mr. Walter Balcanquell Ministers of Edinburgh hearing that he was committed forsook their charge and fled into England leaving a short writing behind them to shew the reasons of their departing Iohn Dury some weeks before was removed and confined in the Town of Montrosse so as Edinburgh was left without any Preacher Mr. Robert Pont Minister of S. Cutberts and one of the Senators of the Colledge of Justice because of the misregard of the Church as he pretended in concluding these Acts as the Heraulds were proclaiming them according to the Custome took instruments in the hands of a Notary of the Churches disassenting and that they were not obliged to give their obedience thereto which done he likewise fleeing was denounced Rebel and put from the place in Session Rumours hereupon being dispersed that the King was declined to Popery had made divers Acts to hinder the free passage of the Gospel and abolish all order and policy in the Church Command was given to form a brief declaration of his Majesties intention in those Acts that concerned the Church and to publish the same for detecting the falshood of those rumours In this declaration the occasions that enforced the King to the making of these statutes were particularly set down and the equity thereof maintained by divers reasons Amongst the occasions were reckoned the allowance of the fact of Ruthven by the assembly of the Church Mr. Andrew Melvil his declining of the King and Councel the fast kept at the feasting of the French Ambassadors general fasts indicted through the Realm without the King his knowledge the usurping of the Ecclesiastical jurisdiction by a number of Ministers and Gentlemen the alteration of the lawes at their pleasure and a number of like abuses And for satisfying good people strangers as well as subjects touching his Majesties good affection towards the maintenance of Religion certain Articles were drawn up and subjoyned to the said Declaration to make it appear that his Majesty had intended nothing but to have a setled form of policy established in the Church But these things gave not much satisfaction so great was the discontent and were replied unto in Pamphlets defamatory libels and scurril poems which daily came forth against the Court and the rulers of it To furnish the vacant places of Edinburgh till some were moved to undertake the charge the King did appoint his own Ministers Mr. Iohn Craig and Mr. Iohn Duncanson the Archbishop of Saint Andrews supplying the ordinary preaching at Court Soon after there came a letter from the Ministers directed to the Session of the Church at Edinburgh and to the Councel of the town of this tenour That seeing they were assured many calumnies would be forged against them for absenting themselves from their flock they had good to write unto them the true causes thereof which were as they said The great indignation conceived against them by the rulers of the Court for resisting the dangerous courses then in hand the Acts made in the late Parliament repugnant to the word of God and doctrine oftentimes by them preached the iniquity committed in the passing the said Acts and violence wherein they were defended the Articles penned and presented to some Ministers for submitting themselves to the tyrannical Regiment of Bishops whom they called gross libertines belly-gods and infamous the charge given to the Provost and Bayliffes of Edinburgh to take and apprehend all Ministers that should convene to the Eldership and those that in Sermon should utter any thing against the Acts and present unhappy course with the insolent words cast forth against them That if they followed the same course they were in though their heads were as haystacks they should be laid at their heels These things they said did cast them in a grievous temptation for to go from their good course they could not unlesse they should be traitors to God to continue in it and stay would be counted treason against the King and be hazardous of their
Declaration thereafter published did in a Synod holden at S. Andrews raise a new stirre calling a number of Barons Gentlemen and Ministers together as to a Synod Mr. Iames Melvil his Cousen made the exhortation in which after a bitter Invective against the devisers of the foresaid Acts he admonished the Assembly to censure him that was known to have had a chief hand therein meaning the Bishop The exhortation ended Mr. Robert Wilkie Professour of Philosophy in S. Leonards was chosen Moderator and their doctrine as their manner was being approved it was proponed that according to the admonition given them they should proceed in censuring the Bishop The opinions were divers some holding it dangerous and doubting what might be the consequence of it others inquiring if he was cired to the Diet a third sort more zealous then the rest cried out that it was the cause of God in which no man ought to forecast or fear any danger and that a citation needed not where the iniquiry was so manifest or if that was thought necessary that he might be warned to the next Session being then in the City This course was held most formal and so was he ordained to be cired In the afternoon he compeired and protesting that he did not acknowledge that Iudicatory desired to understand what they could charge him with that he might justifie himself They misregarding the Protestation did accuse him of devising the Statutes made in the year 1584. of penning the Declaration published thereafter by his Majesty of traducing the brethren that fled into England in the time of his Ambassage and a number the like To this the Bishop repeating his protestation answered That the Statutes were not of his devising but when they were proponed he gave his opinion that they were good and lawful Acts and therein had served his conscience the very second Act of that Parliament being an express confirmation of Popery in so farre as by it the dignity and authority of the three Estates was ordained to stand unaltered according to the ancient custome of the Realm This said they is a ratifying of the Episcopal jurisdiction according as it was in time of Popery The Bishop replied That the Bishops were not by themselves an estate but they represented in a part the estate of the Church which was ever reputed the first estate of the Realm since the Kingdome became Chiristian and that in the Act alledged no jurisdiction was established howbeit for the Episcopal power there was enough to be said if the time and place were fitting But if they had no further to say he would leave them putting them again in mind that they were not his Iudges and that these were matters too high for subjects to meddle in At last perceiving they would proceed with their censures he appealed to his Majesty the Councel and three Estates of the Realm or any other lawful Assembly convened by his Majesty and so departed When he was gone they entered into consultation what to do many were of the judgment that after appellation there could be no proceeding others though that the appellation was not to be regarded The matter being put to voices it was concludeded only by two voices more that he should presently be excommunicated The Moderator by his place was to pronounce the sentence but he refused albeit he was no friend to the Bishop at that time nor would any other of the Assembly take on them to do it In end when all were dissolving and a great part gone forth out of the Schools for the Assembly was kept in S. Leonards a yong fellow named Mr. Andrew Hunter willed them to stay professed that he was warned by the Spirit to pronounce the sentence and so ascending the chair he read the same out of the book a few only remaining as witnesses This scornful and disorderly proceeding was the next day required in a form nothing better Two of the Bishops servants going to the Church at the time of prayer caused one Mr. Samuel Cunningham Cousen to the Bishop go unto the Readers seat and pronounce the same sentence against Mr. Andrew and Mr. Iames Melvil and some others of the Ministers of Fife who had been most eager and forward against the Bishop The Appellation was sent by the Bishop to the King wherein first he excepted against the Synod as being unlawfully convened Next against their unjust proceedings The first he proved saying That convention was expresse against the Statutes of Parliament and neither convocated by his Majesties letters nor by the Bishop of the Dioces moderated by a Laick person that had no imposition of hands made up of a company of Barons Gentlemen Masters of Schools and Colledges who bare no function in the Church and ought not to have any suffrage in Ecclesiastick Assemblies and no sufficient number of Ministers assisting who though they had been present by the Apostles rule were subject ot the Bishops censure and he not to theirs The injustice of their proceeding he qualified first by their citation which neither contained a lawful cause nor did allow him a reasonable time for his appearing 2. That at his compeiring which was under protestation that he did in no sort acknowledge that judicatory they accused him for defending his Majesties authority in matters Ecclesiastick and for his consent given to the Statutes made in Parliament 1584. which were the lawes of the King and three Estates which they ought not to take on them to condemn 3. That they transgressed the order set down in their own Assemblies which appoints admonitions and prayers to be used for persons before the sentence be pronounced 4. That the conclusion they took to excommunicate passed not with consent of those who were present and was carried only by the voices of two ignorant Ministers 5. That the Moderator of the pretended Synod refusing to pronounce the sentence one Hunter servant to Mr. Andrew Melvil had taken on him to do the same alledging he was moved thereto by the Spirit of God which was a conceipt of the Anabaptists and ought to be severely punished And 6. That Ministers in their Synods were they never so lawfully convened may not excommunicate any person without consent of the Church whereof he is a member Saint Paul on whose example they grounded their excommunications not presuming by himself to cast forth the incestuous man but writing to the Church of Corinth that when they were convened together they should do the same In end he intreated his Majesty whom it specially concerned to take cognition of their unruly and tumultuous proceeding and to consider how dangerous a thing it was to put the spiritual sword in the hands of such men who might possibly attempt the like against his Majesties self others of the Councel When the King heard of this business he was greatly commoved yet because the Diet of the Assembly was approaching he thought best to continue the
same with all rigour against those that he should trie culpable but willed her to consider how dangerous it was for him to have so many great men his Rebells and what a businesse it would be to hunt them out of those holes and desert places where they lurked That he would stand in need of her help and supply which he doubted not to finde it being more dangerous for her estate to have the Spaniard set foot in his Kingdome then either in France or the Low-Countries both which she had liberally helped and supplyed with men and moneys But what particular supply he would crave his own Ambassadour whom he minded to send speedily should declare This was the effect of the conference kept with the Lord Burgh at his first hearing At the next audience the Ambassadour falling again upon the same purpose said That her Majesty did wish the King to fortifie himself with a wise sound and well affected Councell that might help to discover such wicked practices and represse them when they were detected and then casting in somewhat of the punishment that the Queen had taken of those that had given Bothwel countenance in England he wished the King to consider what course was best to be held with him in so troublesome a time and if it were not for his Majesties quiet having so many rebells to receive him upon his submission in favour The King passing that which he had told of the punishing of Bothwells ressetters albeit he knew no such thing was done answered That if the Queen did either respect his countenance or her own honour she would be so far from giving him refuge in her Dominions as he thought certainly she would deliver him according to the tenour of the league standing among them But for taking him in favour his offences were unpardonable and to be abhorred of all soveraign Princes therefore desired him to shew the Queen his Mistresse that if he should understand any resset to be given Bothwell after that time he could not but joyn with her greatest enemies for his own safety As for his resolution in persecuting the triall begun he should have it with him in a Letter of his own hand This done he was dimitted Sir Robert Bowes residing still as Legier In the end of April there was an Assembly kept at Dundy wherein his Majesty directed Sir Iames Melvill of Halhill with certain Articles in the first whereof he declared That he would not suffer the priviledge and honour of his Crown to be diminished and Assemblies to be made when and where they pleased Therefore willed them before the dissolution of the present Assembly to send two or three of their number by whom they should know his mind touching the time and place of their next meeting By the second it was desired That an Act should be made inhibiting Ministers to declame in Pulpit against the proceedings of his Majesty Councel under pain of deprivation both in regard of his Majesties good intentions known to themselves for maintaining Religion and Iustice and for the easie accesse that divers of the Ministery had unto him by whom they might signifie their complaints and grievances if any they had Thirdly In regard of Mr. Craigs decrepit age his Majesty desired to have five or sixe nominated to him by the Assembly that he might chuse some two of them to serve in his house Fourthly Seeing the standing of Religion and safety of his person were so straightly eonjoyned as they that were enemies to the one could not be friends to the other that some of every Presbytery should be appointed to inform and advertise his Majesty of the practises of the Papists and the ressetters of Bothwell whose whole courses tended to the subversion of Religion no lesse then the indangering of his Majesties person And fifthly That they should appoint some of their number to cause the Magistrates of Burghes where there are any Sea-ports try those that came into the Countery or passed forth of the same to delate their names that the plots and practises against Religion might be better discovered These Articles especially the first two savouring of discontent were answered generally by the Assembly concerning their Meetings they said that they should follow the Act of Parliament made the year preceding and for the declaming in Pulpit an Act was made prohibiting any Minister to utter in Pulpit any rash or irreveverent speeches against his Majesty and Councell or their proceedings and to give their admonitions upon just and necessary causes and in all fear love and reverence Which the King esteeming to be no restraint but rather to minister an excuse to the unruly sort when they transgressed then otherwise rejected as not satisfying his demand whereupon the Petitions of the Church proponed against Papists at the same time and against the erections of Tithes in Temporalities were not much regarded In this Assembly it was enacted That none professing Religion within the Church of Scotland should from thenceforth repair to any of the King of Spains Dominions where the tyranny of Inquisition was used for traffick of Merchandise or other the like negotiations till the King did obtain liberty from the King of Spain to his Subjects for traffick in these bounds without any danger of their person or goods for the cause of Religion under the pain of Excommunication The Merchants offending hereat did petition his Majesty and Councell for maintaining their liberty of traffick which was granted Notwithstanding whereof the Ministers proceeded in their censures till the Merchants made offer to surcease their trade with Spain how soon their accompts were made and they payed by their creditors in those parts But the abolishing of the Mondayes Mercat in Edinburgh though assented unto by the Councell of the Town and past in an Act took not the like effect for the shoomakers who were most interessed in that businesse hearing that the same was to be put in execution tumultuously gathering themselves together come to the Ministers houses menacing to chase them forth of the town if they did urge that matter any more after which the motion ceased the Mercat continuing as before This did minister great occasions of sport at that time in Court where it was said That rascalls and sowtars could obtain at the Ministers hands what the King could not in matters more reasonable In the beginning of Iune Sir Robert Melvil was sent in Ambassage to England his Commissionwas to signifie what had been done in the prosecution of the Authors and contrivers of the last practises since the Lord Burgh his return and to require some aid and assistance for inabling the King to follow that businesse to an end and particularly he was desired to crave a supply in money for levying 600. Souldiers and entertaining them some moneths till the service was finished and the Rebells either apprehended or forced to quit the Realm withall he was appointed to
which purpose some was left at Edinburgh to make timely warning to the rest The King being informed of this conclusion at his return to Edinburgh called the speciall Ministers that were in town and shewed that it was an undutifull part in them to convocate the subjects and cause them take armes without his warrant prohibiting any such advertisement to be given as was appointed They excusing themselves said That it was the cause of God and in defence thereof they could not be deficient Hereupon a Proclamation was made Declaring the course that his Majesty had taken to try the Conspiracy of the Popish Lords and how after some pâ—ins taken in that businesse he had indicted a Parliament in Iuly last for that cause at which time nothing being done albeit not in his default and he impeshed a long time after by the practises of Bothwell and other troubles in the Countrey was no sooner received forth of his hands then he fell again upon the same thoughts and that now he had appointed a Convention of Estates at Linlithgow for taking their advice touching the surety of his own person the relief of the subjects oppression and the ordering of all that businesse especially since the said Lords had by their letters and otherwise most humbly desired a triall which he doubted not the Estates would consider and so proceed therein as might best serve to the preserving of Religion and the quietnesse of the Countrey his own intention being no other but to have them satisfie the Church or if they refused to cause them to be expulsed and banished the Countrey And for that end he had commanded them to remain at Perth and attend the resolution of the Estates dissolving their forces if any they had assembled Whereof his Majesty did think meet to give all his subjects notice that they might know his care for the maintenance of true Religion against all the enemies thereof And therefore inhibited the subjects to make any Convocations or if any were already made by the sinistrous informations of ill disposed people they were commanded to dissolve and turn to their houses till they should be advertised either by missive Letters or Proclamations and not otherwise under the pains appointed for seditious persons and disturbers of the publick peace Notwithstanding of this discharge there came great companies to Edinburgh and in all parts of the Countrey were people stirring so that the Convention which was called to meet at the same time being not very frequent kept a short while together The offers and Petitions of the Popish Lords being onely read the consideration thereof was remitted to certain chosen by the Estates These were the Lord Thirlestane Chancellour the Earls Marshall Marre Montrosse and Rothes the Lord Levingston Scot of Balwery Iohn Murray of Tullibarden Alexander Bruce of Airth Mr. George Lowder of Basse William Scot of Abbotshall Mr. David Carnagie of Colluthie Sir Alexander Hume of North-Berwick Provost of Edinburgh Clement Core Baily with the Commissioners of the towns of Dundie Couper Striveling and Linlithgow to these or any four of every estate together with his Majesties Officers power was given to consider the Petitions and offers of the said Lords to try their accusations purgations and the truth thereof and to conclude therein as they should think most expedient for the surety of Religion and redressing of disorders within the Realm ordaining their determination to be as valid and effectuall as if the same had been concluded in Parliament or Convention It was likewise ordained that Mr. Robert Lindesay Mr. Robert Bruce Mr. Robert Rollock Mr. Patrick Calloway and Mr. Iames Carmichael and Iohn Duncauson should be admitted to the said conference if they should desire And that in the absence of any of the Estates nominated such as were present should appoint others at their pleasure The Commissioners nominated having conveened at Edinburgh the 12. of November after many dayes reasoning grew to this conclusion That the King for the publick peace of the Realm and to remove all troubles and the occasion thereof after mature deliberation and conference kept with the Ministers had by the advice of the Commissioners elected by the Estates declared and by irrevocable Edict ordained That the true Religion established in the first year of his Majesties reign should be onely professed and exercised in all time coming within the Realm and that none should supply or resset any Iesuits Priests and other adversaries of Religion under the pains contained in the Acts of Parliament That such as have not embraced Religion or made defection from the same should conform themselves before the â— of February next satisfie the Church and obey such things as shall be prescribed to them by the King and the Church or if any of them did think it difficile so to do for any scruple of Conscience that they should depart forth of the Realm to such parts beyond Sea as his Majesty should appoint betwixt and the said day and not return till they were resolved to imbrace the truth and satisfie the Church they alwaies and their heirs enjoying their lands and livings and their procurators being licensed to appear before the ordinary Iudges for debating their actions notwithstanding of any prâ—cesse laid against them That the Earls of Angus Huntley and Arroll the Laird of Achindowne and Sir James Chisholme should be unaccusable of the crimes contained in the summons executed against them by occasion of blanks and letters intercepted and concerning their traficking with strangers to the prejudice of Religion and the said processe extinct for ever discharging the Iustice Advocate and other Officers present and to come of all calling and proceeding against them and their heires therefore in time coming But in case they have sent or after this time shall send any pledges forth of the Realm for fulfilling of Conditions tending to the overthrow of Religion in that case the said abolition should be null neither should it be further extended then to the crimes contained in the summons and no way comprehend any murders fire-raisings or other crimes committed by them That such of the said Earls and others as should resolve to obey his Highnesse Lawes in professing the true Religion before the 1 of February should remain in the places and bounds to be appointed for them and forbeare all practising or intelligence with the Iesuits Priests and other Papists debarring them from and forth of their company That they should neither dispute nor permit disputing at their Tables against the truth or in favour of Popery and entertain in their houses a Minister and be ready to hear conference and resolve themselves of doubts that they may be the better prepared to subscribe the Confession of Faith at the day appointed unlesse it please the Chrrch to prorogate their subscription for some longer space That the Earls of Huntley and Arroll should before the 1 of February remove out of their company Mr. James
meet in the same place where the dishonor was done unto him and would follow their advice both in the triall and punishment With this answer they were dimitted The last of December which was the day preceding the Convention the King came to Leth and stayed there all night giving order for his entry into the Town the next morning which was in this manner The keys of the Town being delivered to one of the Kings Officers a guard of armed men was placed in the streets and the Citizens being commanded to stay within their houses and forbidden to carry any weapon The Earl of Marre with the Lord Seaton and Ochiltrie had the charge of the Town given them without the admission of the Magistrates and they having disposed all things in the best fashion the King accompanyed with a great train of Nobles entered the Town and riding up the street lighted at the Tolbuith where the Estates were appointed to meet after some generall discourses of the Tumult the King was advised to call the Magistrates and hear what they could say in behalf of the Town Sir Alexander Hume of North-berwick Provost Roger Matmath George Todrick Patrick Cothran and Alexander Hunter Bayliffes with a number of the Town Councell compeiring and falling on their knees after some few words delivered by the Provost did present in writing the offers following That for pacifying his Majesties wrath and satisfying the Lords of Councell they should upon their great oath purge themselves of all foreknowledge and partaking in that seditious Tumult And as already they had made a diligent search to find out the authors so they should not cease till they had brought the triall unto the uttermost point or if his Majesty and Councell doe think any others more fit to take the examination they should willingly resigne their places to such as his Highnes would appoint and assist them at their power And because his Majesty had taken that Tumult to proceed from certain Sermons preached by their Ministers who were now denounced Rebels they should promise never to readmit any of those Ministers unless his Majesty did command otherwise As also that the like should not fall out thereafter the Town should be obliged never to receive any Minister in time coming but by his Majesties advice and approbation and in the election of their Magistrates they should yearly present their lites to his Majesty and the Lords of Session to be allowed or disallowed at their pleasure and propone such others as his Majesty should think more apt and sufficient for the Charge and to that effect should alter the time of their election and make the same on some day of November when the Lords of Session were conveened aâ—d might give their advice thereto They did lastly offer to fulfill whatsoever his Majesty and Councell should think fit to be done in the premises under protestation that they did not take upon them the crime and that it should not be thought to have been committed of their foreknowledge Thus it proved true which Tacitus saith that all conspiracies of the Subjects if they succeed not advance the Soveraignty for by this Tumult was the Kings authority in matters Ecclesiasticall so farre advanced as he received little or no opposition thereafter The offers of the Town howbeit made in great submission were not accepted and counsell given by some Noblemen to raze the Town and erect a Pillar in place thereof for a monument of the insolency committed and the just punishment taken thereof Others were more mild in their opinions but for that time nothing was concluded The Queen of England upon notice sent to her of these broiles did write to the King a letter which for the loving advice it contained I thought meet here to insert My deare brother If arare accident and ill welcomed news had not broken my long silence I had not used now Pen-speech as being carefull of your quiet and mindfull of your safety To omit the expressing of both by letting you know how untimely I take this new begun phrensie that may urge you to take such a course as may bring into opinion the verifying of such a scandall as ye avowed to me to be farre from your thought In this sort I mean it some members of the Church with their companies have over audaciously emboldened themselves to redress some injurious acts that they feared might overthrow their profession which though I grant no King for the manner ought to bear with yet at the instant when the new banished Lords returned and they seen to be winked at without restraint and the spring time going on when promised succour is attend together with many letters from Rome and elsewhere sent abroad to tell the names of men authorized by you as they say though I hope falsly to assure your conformity as time may serve you to establish the dangerous party and fail your own I wail in unfeigned sort that any just cause should be given you to call in doubt so disguised acts and hope that you will so try this cause as that it harm not you though it ruine them Of this you may be sure that if you make your strength of so sandy a foundation as to call to your aid such as be not of your flock when as the one side be foolish rash headstrong and brainsick yet such as may defend you having no sure anchorage for themselves if you fail them and the others who have other props to sustain them though they lack you yea such as though your private love to their persons may inveigle your eyes not to pierce in the depth of their treason yet it is well known that their many petitions for forain aid might have tended to your perill and your Countreys wrack for seldome comes a stranger to a weaker soyl that thralleth not the possessour or indangereth him at least I trust you think no less or else they must justifie themselves to condemne you for without your displeasure not feared for such a fact no answer can shield them from blame Now to utter my folly in seeming busie in anothers affairs I suppose you will not mislike since the source of all is care of your good to desire that nought be done that may embolden the enemy decrease your love and endanger your surety This is in summe the line whereto I tend and God I beseech to direct your heart in such sort as ye please not your worst subjects but make all know in a measure what is fit for them and make difference between errour and malice So God bless you with a true thought of her that means you best Your most affectionate sister ELIZABETH R. This letter was to the Kings mind for albeit he judged the offence great yet it was not his purpose to use rigour but to assure the obedience of the subjects in time coming and make his own advantage of their disorders Therefore in the
only 18 What are the matters belonging to the jurisdiction of the Presbytery which may not be entreated in particular Sessions 19 What form of processe in libelling and citation what terms and diets and what probations should be used before the said particular Sessions and Presbyteries respective 20 What matters should the Synodall Assemblies treat upon which may not be decided in Presbyteries 21 Should not all who have voice in Presbyteries and in the particular Sessions have voice in the Synodall Assemblies 22 Should each University or College or every Master or Regent within Colleges have voice in Presbyteries and Synods the Towns and Countreys where they are as likewise what form of voice should they have in Generall Assemblies 23 Is it lawfull to convocate the Generall Assembly without his Majesties licence he being pius Christianus Magistratus 24 Is it necessary that the Generall Assembly should be ordinarily convened for weighty causes concerning the whole Church 25 Have not all men of good Religion and learning voice in the Generall Assembly 26 Is every particular Pastor obliged to repair to the Generall Assembly or is it sufficient that only Commissioners come from every particular Session Presbytery or Synodall 27 Who should chuse the Commissioners to come from every Shire to give voice in the Generally Assembly 28 What is the number of those that give voices which is necessary to the lawfulness of a Generall Assembly and how many of the number should be Pastors and how many other men 29 May any thing be enacted in the Assembly to which his Majesty consents not 30 Is it necessary that the twe part of them who have jus suffragii should consent to any things decerned in Ecclesiastick judgments that matters passe not by one voice mo or lesse 31 Hath not every judgment inferior to the Generall Assembly a Territory limited without the which they have no power of citation or jurisdiction 32 What is the ordinary Ecclesiastick judgment for his Majesties houshold and Councell removable with his Majesty to any part of the Realm 33 Should there be libelled precepts containing the cause of the citation and certification of the Censures before all Ecclesiastick judgments or should they answer super inquirendis 34 Have the Inferiour Judgments power to summon any to compeir before the Superiour or should men be summoned only by the authority of that Judgment before which they ought to compeir 35 Is it not necessary that private admonitions with reasonable intervalls of time passe before all manner of Citations 36 What intervall of time is necessary between every private admonition and between the first Citation and the day of Compeirance and betwixt the Citation and the last admonition in every one of the said Judgments 37 How many citations should inferre contumacie 38 Is simple contumacie without probation of a crime or is any crime without contumacie a sufficient cause of Excommunication 39 Are there not divers kindes of Censures such as prohibitio privati convictus interdictio à coena not published to the people and last of all publica traditio Satanae 40 Should the Presbyteries be Judges of all things that import slander and if so be whereof are they not Judges 41 Can Excommunication be used against thieves murtherers usurers and not payers of their debts and if so it may be why are not the Highland and Border-thieves cursed as also all the forswearing merchants and usurers amongst the Burroughs 42 Is there any appellation from the Inferiour to the Superiour Judgment and is not the sentence suspended during the appellation 43 Should not all Processes and Acts be extracted to parties having interesse 44 Is summary Excommunication lawfull in any case without admonition and citation preceding 45 Have any others but Pastors voice in Excommunication 46 Hath every Ecclesiasticall Judgment a like power to excommunicate 47 Is it lawfull to excommunicate such Papists as never professed our Religion 48 A woman being excommunicated having a faithfull husband should he thereafter abstain from her company 49 Is it not reasonable that before any Letters of horning be granted by the Session upon the processe of excommunication that the partie should be cited to hear them granted 50 Hath not a Christian King power to annull a notorious unjust sentence of excommunication 51 May any Councell or University be excommunicated for what cause by whom and the manner thereof 52 When the Pastors doe not their duties or when one Jurisdiction usurpeth upon another or any other Schisme falleth out should not a Christian King amend such disorders 53 May Fasts for generall causes be proclaimed without a Christian Kings command 54 May any Ecclesiasticall judgment compell a man to swear in suam turpitudinem 55 Should there any thing be entreated in the Ecclesiasticall judgment prejudiciall to the Civil jurisdiction or private mens rights and may not the Civil Magistrates stay all such proceedings How soon these Questions were divulged and that it s seen they all touched upon the abuses crept into the discipline the Ministers that stood affected to the present order were much perplexed neither did any thing more offend them then that the government should be brought in dispute which they had given out alwaies to be a part of the Gospel This at any hand they thought was to be prevented and many private Conferences were kept to this purpose neither did the King neglect to provide himself of a party against that meeting and thinking he should gain most easily the Ministers in the North parts he employed Sir Patrick Murray Gentleman of his Chamber to deal with them giving him direction first to shew what a slander the Ministers of Edinburgh had brought upon Religion by stirring up of the late uproar and the inciting of the Lord Hamilton and others of the Nobility to open Rebellion against him how for the same they were become Fugitives and denounced his Majesties Rebells and thereupon to desire them by some publick Act or Declaration to utter their dislike of the seditious and treasonable courses He was next desired to urge their subscription to the Bond which was appointed to be subscribed by the Ministers for acknowledging his Majesties Royall power above them in all causes of sedition treason and other civill and criminall matters and in all speeches uttered by them in Pulpits Schools or otherwise which might import the said crimes or any of them 3ly To require them to accept the Earl of Huntley his offers for satisfying the Church and to absolve him from his Excommunication they finding his offers reasonable seeing the bosome of the Church ought alwaies to be open to penitents and that they should be more ready to receive then cast out wherefore as the Presbytery of S. Andrewes to the which he was not subject had pronounced him excommunicate they under whose jurisdiction he lived might and ought with better reason declare him absolved Neither should the pretext of the Generall Assemblies ratification of
that professed penitencie for their errors gave warrant to recall him and he appearing before the Commissioners of the Church at Perth the 25 of Iune where his Majesty was present acknowledged his error professed his resolution touching the guiltiness of those unhappy brothers and promised if his Majesty should licence him to return to his place to declare the same publickly in the first Sermon he should have to the people The King doubting his performance for he had often in other matters tried his inconstancy caused the same to be set down in writing upon the back of the Letter he had sent to the Earl of Marre and after he had subscribed the same made all the Commissioners that were present eleven in number to set their hands thereto as Witnesses This done he was admitted to kisle his Majesties hand and licenced to return to his place but as the King had conjectured so it fell out for coming to Edinburgh where it was expected he should have done what he had both promised and subscribed he left the Town pretending that his Ministery should thereby be discredited and he esteemed to preach by injunction The Generall Assembly of the Church meeting in November following the King to remove this pretext after he had shewed all the particulars of his proceeding with Mr. Robert and produced the Letter sent by him to the Earl of Marre together with his subscription in the meeting of Perth desired the voices of the Assembly whether or not be ought to utter his resolution in pulpit as he had promised They all not one gainsaying declared That he was bound both in duty and conscience to fulfill his promise so much the rather that by his distrust and disobedience to the Councells charge he had confirmed ill-disposed people in their suspicions Yet this Ordinance did not content him and so delaying to give satisfaction he was by the Commissioners of the Church discharged from the Ministery of Edinburgh the year following In this Assembly Mr. Patrick Galloway being chosen to preside made a Speech to the King wherein he shewed That the Church was oppugned by two sorts of enemies to wit Papists and sacrilegious persons and therefore in the name of the whole Church entreated his Majesty that as he had with great travell and happy successe made the principalls of the Popish profession to conform themselves in outward obedience so he would use his princely authority towards the other sort and compell them if not to restore all at least to grant a competent allowance to Ministers forth of the tithes they possessed The King accepting the Petition graciously said That it should not be well with the Church so long as Ministers were drawn from their Charges to attend the yearly modification of stipends and that he held it fittest once to condescend upon a competent provision for every Church and deal with those that possessed the tithes to bestow a part thereof to the foresaid uses and seeing that business would require a longer time then they could well continue together that they should doe well to make some overtures to those that had the Commission for Stipends promising for himself that he should stand for the Church and be an advocate for the Ministers After a long deliberation these overtures were proponed First that the Ministers having stipends assigned to them forth of the tithes of the Churches where they served a perpetuall security should be made to the Takesmen and a certainer gressome condescended on for every chalder of victuall which should be paid for nineteen years lease at the expiring whereof another lease upon the like conditions should be renewed for as many years the principall Takesmen being obliged to grant the like security for his Subtakesmen 2. That the Prelacies should be disponed to actuall Ministers the Churches annexed thereto being sufficiently provided and the tenth of the superplus paid to the King or otherwise that all the great Benefices should be dissolved the Prelate enjoying the principall Church and temporall lands and the Churches annexed disponed to Ministers both they and the Prelate paying a yearly duty to the King And 3. that all inferiour Benefices should be provided to the Ministers serving the Cure The first of these overtures the King held reasonable and most advantagious to the Church but the Assembly esteeming it dangerous to make tithes heretable deferred to give their consent so as nothing at that time was concluded and the overtures remitted to a more deep consideration The Synod of Fife did after this present some grievances complaining That the Generall Assemblies were not kept at the ordinary times and both places and daies altered without the knowledge of Presbyters and Synods That Ministers were called before the Councell in prima instantia for matters of doctrine and discipline That the government of the Church continued in the hands of a few Ministers under the name of a Commission to the prejudice of the liberty of the Church That Doctors being an ordinary calling in the Church were debarred from coming to Assemblies That no triall was taken concerning the observation of Caveats That the Ministers of Edinburgh being the principall watch-tower of the Church were not permitted to attend their charge That the land was polluted with the French Ambassadors masse and excommunicates suffered to abide in the Countrey And lastly that the letters and practises of Papists were kept secret and not communicated to the watchmen These complaints being known to proceed from the private discontents of such as grieved to see the affairs of the Church carried by others then themselves were not much regarded yet to shew that they had no just cause to complain a particular answer was made to every one of them And first it was said That the Assemblies both were and should be kept according to the Act of Parliament That Ministers should not be called before the Councell but upon just grounds That Commissions given by the Assembly and rightly discharged were lawfull That Doctors authorized with a Commission from the University where they lived were not denied a voice in Assemblies and that if the Caveats were not observed they might instance the point and have the person after triall censured To the rest of the heads his Majesty by himself made this reply That the French Ambassadors masse was private and could not be refused to him considering that the Minister directed with his owne Ambassadours the yeare before was permitted to preach within the City of Paris And for the Ministers of Edinburgh they had received all the favour they desired As to him that lay back it was his own fault and no mans else But where saith he it is craved that the letters and practises of Papists should be communicate to Ministers as that were the ready way to procure the escape and no punishment of the practises so the proponers would remember that secrets must be imparted at the Kings pleasure
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
whether all they that had taken Armes against the King and not sued for pardon should be forfeited or if sentence should be given against a few only to terrify the rest and hope of favour left unto others upon their obedience Secretary Lethington who did secretly favour the other faction maintained the calmest course to be the best and by the perswasions he used wrought so as the processe against the better sort was continued and some of meaner note only proscribed which was interpreted even as the Regent conceived to proceed of fear and not of a mind to reclaim them The Earl of Rothes only of all the Noblemen of that side reconciled himself accepting three years exile for his punishment Some others of meaner sort the Regent received into favour and such as stood out he pursued by force of Armes making an expedition into the countries of Nidisdale Annandale and the lower parts of Galloway where he put Garisons in the Castles and strong Forts that were judged necessary to be kept others he demolished threw to the ground and had in a short space as it was thought reduced the whole countrey to his obedience if he had not been stayed by other letters by the Queen of England for the offending that he should have gone on in that manner whereas she had willed him to deferre all things till she was informed of the whole cause sent by one of her servants called Middlemore a sharp letter unto him declaring that she would not endure the sacred authority of Kings to be in that sort abused at the appetite of factious subjects and howsoever they had forgot their duties to their Soveraign she would not neglect her sister and neighbour Queen Therefore willed him to direct certain Commissioners to enform her how matters had passed men that could answer the complaints made by the Queen of Scotland against him and his complices which if he failed to do she would restore her to her Kingdome with all the power she could make The Regent took it grievously that matters determined in Parliament should be brought again in question and to plead before forain Judges he held it dishonourable yet considering the adversaries he had the Cardinal of Lorain abroad who swayed all things in the French Court and at home many of the Nobility and that if he did offend the Queen of England his difficulties should be every way great he was glad to yield to the conditions required though against his will Thus it being condescended the Commissioners should be sent when as they could not agree upon the persons the principal Noblemen refusing the imployment the Regent himself offered to undertake the journey and to accompany him choice was made of the Bishop of Orkney and Abbot of Dunfermlin for the spiritual estate of the Earl of Morton and Lord Lindesay for the temporal and of Mr. Iames Macgill and Mr. Henry Balnaves Senators of the Colledge of Justice besides these there went with him Secretary Lethington and Mr. George Buchannan The Secretary had long withstood the sending of any Commissioners thither and simply refused to go in that journey yet the Regent not holding it safe to leave him at home whom he knew to be a busie man and a practiser under-hand with the other party did insist so with him as in end he consented The Commission was given in the Kings name under the Great Seal to the Regent the Earl of Morton the Bishop of Orkney the Abbot of Dunfermlin and Lord Lindesay or to any three of them for convening with the deputies of the Queen of England at York or any other place or places they should think expedient there to make plain and ample declarations to them I keep the very words of the Commission for informing his good sister of the true causes whereupon divers of the Nobility and good subjects during the time that the Queen his Mother was yet possessor of the Crown took occasion to put on Armes to take detain and sequestrate her person for a time with all causes actions circumstances and other their proceedings whatsoever towards her or any other subjects of the Realm since that time unto the day and date of the said Commission or that should fall out untill the return of the said Commissioners whereby the Justice of their cause and honourable dealing might be manifested to the world As likewise to commune treat determine and conclude with his said sister or her Commissioners having sufficient authority upon all differences causes or matters depending betwixt the subjects of either Realm or for further confirmation or augmentation of any treaty of peace heretofore made and concluded betwixt the Realms or for contracting and perfecting any other treaty or confederation as well maintenance of the true Religion publickly professed by the inhabitants of both the Realms as for resisting any forain or intestine power that might be stirred up within the same to disturb the present quietnesse that it hath pleased the Almighty God to grant unto both the Kingdomes in the unity of the said Religion and for increase of amity peace and concord betwixt him and his said sister their Realms dominions people and subjects And generally to do and conclude all things which by them or any three of them should seem convenient and necessary for the premises or any part thereof promising to hold firm and stable c. This Commission is of the date aâ— Edinburgh the 18th of September 1568. In Iuly preceding there was an Assembly of the Church kept at Edinburgh wherein Mr. Iohn Willock Superintendent of the west being elected to moderate the meeting made difficulty to accept the place unlesse some better order was observed then had been in former times for even then the multitudes that convened and indiscreet behaviour of some who loved to seem more zealous then others did cause a great confusion Obedience being promised by the whole number he assumed the Charge And there it was enacted That none should be admitted to have voice in these Assemblies but Superintendents Visiters of Churches Commissioners of Shires and Universities and such Ministers as the Superintendents should chuse in their Diocesan Synods and bring with them being men of knowledge and able to reasâ—n and judge of matters that should happen to be proponed And that the Assembly should not be troubled with unnecessary businesse it was ordained That no matters should be moved which the Superintendents might and ought to determine in their Synods Some Acts of discipline were also concluded as that Papists continuing obstinate after lawful admonitions should be excommunicated and that the committers of murther incest adultery and other such hainous crimes should not be admitted to make satisfaction by any particular Church till they did first appear in the habit of penitents before the general assembly and there receive their injunctions A supplication also was put up to the Regent and Councel wherein amongst other