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
advice take order for preventing the troubles that might arise by their dissensions The King liking the advice commanded letters to be written for all the Noblemen in the countrey to meet at Striveling the tenth day of March yet the advertisement went only the two Earls having the direction of the letters to those that were their own friends and enemies to the Regent Amongst others the Lords Maxwel and Ogilvy were invited to come of whom the first had been lately dispatched from his office of Wardanrie in the West Marches and committed in the Castle of Blackness the other had of a long time been confined in the City of S. Andrews How soon the Regent was advertised of Argile and Athols being with the King and that they had moved him to call the Nobility to a meeting upon a pretext of trying Argiles complaint he sent the Earl of Angus the Lord Glammis Chancelcellour and the Lord Ruthven Thesaurer with a letter and certain notes under his hand to be communicated to the King In the notes he made a particular relation of the contempt done by the Earl of Argile to his Majesties authority and of his practises with Athol to disturb the common peace desiring to know his Majesties pleasure concerning them that if his Highness would allow him to follow the course of law he might do his duty if otherwise his Majesty thought fit to oversee their disobedience that he would be pleased to disburthen him of his office and not suffer his own name and authority to be despised in the person of his servant for as he had at sundry times made offer to dimit the Regiment whensoever his Majesty was pleased to take it in his own hands so will he now most willingly resign the same so as a substantial course were taken for the preservation of his Highness person the ordering of his Majesties house and the dispensing of the revenues of the Crown Herewith he recommended the keeping of the peace contracted with England because of the danger that a warre might bring not only to the Realm but also to his Highness title and right of succession in that Kingdom And having recounted the services done by himself from his Majesties birth unto that present specially his assistance at the Kings Coronation the danger whereunto he exposed himself and his friends in Lanside field and at the siege of Brichen The legations which he had undertaken to England the recovery of the Castle of Edinburgh the pacification of the Realm which at his entry to the government he found in great trouble the redeeming of the jewels and moveables pertaining to the Cown and the restoring of the royal Patrimony to some reasonable estate in regard of all these services he craved no more but an allowance of what he had done in his office and a discharge of his intromissions by the Estates of Parliament These notes being shewed to the Noblemen who were about the King for numbers were come upon the rumour of a change that was in hand they did all advise him to take hold of the offer of dimission made by the Regent and accept the government in his own person after which he might deliberate upon such things as the Regent had moved Some were of opinion that the King should write to the Regent and require of him a dimission but the greater part misliking delays did reckon it more sure to do that which was meant at once and not to protract time with a communing such as that manner of proceedings would necessarily breed The King liking best the perswasions that were given him to reign a thing natural to Princes resolution was taken to discharge the Regent of his authority and publish the Kings acceptation of the government This conclusion was the same day imparted to the Regent who thereupon sent the Laird of Whittingham to desire the King before any innovation was made to reconcile those of the Nobility that were in variance with others thinking this way to hold off the publication intended at least for some days But it availed nothing for immediately were the Chancellour and Lord Hereis sent with this Commission to him in writing That his Majesty considering the dislike which many had of his government and the apparent troubles to fail upon the Realm had by the advice of the Nobility determined to accept the rule in his own person and because delay of time might breed some further grudge and inconvenience he did therefore require him to send his Declaration in writ with all speed for testifying his obedience and allowance of what was done and to abstain from all further administration or exercise of the office of Regency As concerning his desires for the surety of his Majesties person the ordering of his house and revenues of the Crown with preservation of the peace with England and the setling of the Borders and Highlands his Highnes should omit nothing that lay in his power to do for effecting the same and therein would follow the counsel which he and the rest of the Nobility should give unto him and for the discharge of his administration he should have all granted which with reason he could require the form whereof his Majesty did will him to draw up that he might deliberate with his Councel what was fit to be done therein assuring him that he should be well and graciously used With this Commission they did likewise carry a letter written by the King himself in very loving terms declaring that because he saw no other way to maintain concord amongst his subjects he had accepted the government in his own hands and that he was confident to have the defects of his age and experience supplied by his Nobility especially by himself whom he would ever love and acknowledge as his trusty Coâ—sen most tender to him in blood these be the words of the letter and one of his true and faithful Counsellours In the mean time the Kings acceptation was published at Striveling and the next day being the 12th of March proclaimed at Edinburgh where the Regent himself was assisting and took instruments of his dimission in the hands of two Notaries It grieved divers of his friends that he had so easily condescended to quit the place which they thought he might with good reason have kept till a Parliament had been called for that purpose Amongst others the Lord Boyd who was most intire with him and came to Edinburgh some few houres after his dimission did chide him bitterly speaking to this effect That he did presume too much of his own wit who in a matter of so great moment would not once ask the opinion of his friends and that in a short time he should find that he had done unwisely to forsake the place committed to him by the whole Estates of the Kingdome at the pleasure of his enemies For it is sufficiently known said he that the King is a childe and that these motions
with a common consent This I thought likewise fittest but in the mean time I prepared to depart and would have been gone if contrary winds had not stayed me The same Gentleman came afterwards unto me and shewed that they were returned and would shortly be seen at Striveling This moved me to remain albeit doubting of a sufficient concurrence of Noblemen I was not resolved what course to take and lay in a carelesse security at Dundy more inclined to go then to stay I protest always before God that I never heard nor was in counsel of any plot against his Majesties Person Crown or Estate but only studied to keep my self from ruine by the assistance of others At our meeting together unto which time all was deferred it was thought that a course should be taken by common advice for securing our selves in his Majesties favour And whereas I am asked what Noblemen were privy to the enterprise and what was looked for from England I will truly declare all upon the firm assurance of his Majesties clemency At home it was expected that all those who subscribed the bond in that first alteration would joyn themselves with us and besides those divers others namely the Earl of Marshal and Bothwel with the Lord Lindesay and some of the West parts So it was affirmed to me but how truly I cannot say From England we expected a supply but no certain time was appointed and it was said that the Queen minded to intercede for restitution of the Hamiltons if she found the King tractable This is all I know and if there by any other particular tending to his Majesties well or hurt which I do not at the present remember I shall plainly reveal the same whosoever be offended therewith At his coming to Striveling he sent to the King a letter penned in this form Please your Majesty it is neither diffidence nor despair in your Highnesse favour and clemency towards me nor any desire I have to live in this world that moves me to require some short audience of your Majesty But there is a purpose of so weighty importance which I desire to impart unto your Highnesse which might have endangered the life and estate of your mother and your self if I had not stayed and impeded the same the revealing whereof may avail your Majesty more then the lives and livings of 500. such as my self most humbly therefore I beseech your Highnesse that my Petition may be granted I assure my self of your Majesties gracious answer Striveling the last of April 1584. In a Postscript this was added The matter I have to speak is not the concealing of treason but the revealing of a benefit This Petition was denied and the same made a part of his indictment for being brought to his trial the fourth of May Mr. Iohn Grahame sitting as Justice and assisted by Sir Iohn Gordon of Lochinvar Alexander Master of Levingston Alexander Bruce of Airth and Iames Edminston of Duntraith he was indicted of four points First that in the beginning of February Mr. David Home servant to the Earl of Marre came to him privately in the town of Perth under silence of night and communicated to him the treasonable device of surprizing the Burghs of Perth and Striveling at least of one or other of them and that he agreed to the taking and fortifying of the said towns whereby he had incurred the crime of Treason as well in concealing as consenting to that wicked purpose 2. That understanding Mr. Iames Areskin to be a trafficker betwixt Marre Angus and others he did belay the ways to the end he might speak with him and after meeting kept conference with him touching the surprise of the Castle of Striveling and the furnishing thereof with men and ammunition 3. That being charged in Dundy by his Majesties letters to render himself to the Lord Petten Weyme his Majesties Chancellor and Captain of his Highnesse guard he did enter into the house of William Drummond Burgesse of Dundy and with his Complices defended the same by the space of 6. houres making exclamations to the people that he was pursued for Religion and desiring them to aid and assist him 4. That he being obliged to maintain his Majesties person life honour and Crown and having intelligence of a most weighty purpose that concerned the life and estate of the King and the Queen his mother he had treasonably concealed the same and did as yet keep up the specialties thereof albeit he professed he knew it so perfectly that in his letter written to the King he saith that it had not failed to have taken effect if he had not stayed and impeded the same The indictment read he first excepted against Lochinvar that he could not be assessor to the Justice in his trial in regard of the deadly enmity betwixt Gartland who had married his Ladies sister and him This exception was repelled because the propinquity alledged was only affinitas affinitatis Then he complained that the Noblemen who were sent to examine him had not kept their word having promised that whatsoever he had confessed should not be laid to his charge It was answered that the Noblemens word could not warrant him Thirdly he said that being indicted for treason he ought to have been cited upon 40. days and a delation made by some accuser which was not observed The Advocate replied that in matters of Treason the King might arrest any person upon the space it pleased him Fourthly he alledged the license granted him to depart the countrey This was found nought except he did therewith produce a respit or permission To the last point of the indictment he said that what he offered to reveal tended to his benefit if he had vouchsafed him hearing and was no matter of treason It was answered that the concealing of that might tend to the hurt of the Kings life and mothers was treason So the indictment was found relevant and the persons of the Jury called These were Colin Earl of Argile David Earl of Crawford Iohn Earl of Montrosse Iames Earl of Glencarne Hugh Earl of Eglinton Iames Earl of Arran George Earl of Marshal Alexander Lord Seaton Hugh Lord Sommervil Iames Lord Down William Lord Levingston Patrick Lord Drummond Iames Lord Ogilvy Alexander Master of Oliphant and Iohn Murray of Tillibardin They retiring themselves as the custom is and returning within a short space pronounced him guilty whereupon sentence was given that he should be taken to the Market Crosse have his head cut off and be dismembred as a traitor The last part thereof was dispensed and he in the evening beheaded His servants were permitted to take the head with the body and bury it This was the end of that Nobleman who in his life was much honoured and imployed in the chief offices of Court a man wise but said to have been too curious and to have consulted with Wizards touching the state of things in future times yet was
the Warre he had intended These working privately with the Kings chief Counsellours and such of his chamber as he was known to affect dealt so as they kept off things from breaking forth unto open hostility which was every day expected Secretary Walsingham first by a long letter directed to the Lord Thirlstane who was then in most credit and had the chief administration of affairs proponed divers weighty and important considerations that should keep the King from taking any such resolution Because the letter contained the very true reasons that in end moved his Majesty to forhear violence and take a more calm course I thought meet to set it down word by word as it standeth in the Original SIr being absent from Court when the late execution of the Queen your Soveraigns mother happened I did forthwith upon my return impart to Mr. Douglas some things concerning the course was conceived here by your said Soveraigns best friends fit to be holden in this remedilesse accident for continuance of peace and amity between the two Crowns as a thing for the weal of both Nations to be desired But finding him unwilling to meddle therewith I have thought good to write to the same effect unto your self The rather for that I presently understand by some advertisements out of that countrey that the death of the Queen is likely to breed so strange an alienation of his Majesties mind towards this Realm tending as is reported wholly to violence and to revenge of that which hath been so necessarily done by the whole body of the same whereof as for mine own part I should be right sorry so it is generally hoped that his Majesty being of that singular judgement himself by the good help and advice of such as you are in credit and authority about him men of wisdom and experience whom he will hear this mischief will notwithstanding be carefully and prudently prevented considering how every way all things being rightly weighed this course will be found prejudicial as well to your said Soveraigns estate as to his reputation if he resolve to persist therein For first the enterprise will undoubtedly be condemned in the sight of all such as shall not be transported with some particular passion for that they shall see that he takes Armes for revenge of an Action besides the necessity wherein it is grounded full of so honourable and just proceedings as howsoever the effect was contrary to their liking the manner thereof by the late Queens great favourers could not but be approved and allowed And as on the one side the King your Soveraign oppugning the course of Justice of so unlawful unjust and desperate a quarrel cannot be expected any other thing then a most unhappy and miserable issue so we being assured that in the defence of Justice the assistance of his mighty arm will not fail us whose judgement this was need not to fear whatsoever man shall attempt to the contrary against this Realm But not to stand upon the justnesse of the quarrel which every man perhaps will not so much regard It would be considered what means your Soveraign shall have to go through with such an enterprise if he take it in hand For the forces of his own Realm being so farre inferiour to these in England no man is so simple but seeth it were no way safe for his Majesty trusting only thereto to make head against the power of this land neither is it thought that any man will be found so unadvised as to wish him so to do But as it may be that a great number for lack of understanding are carried away with such vain discourses as some without solid ground imagine of that might be done in this case by a King of Scotland backed and assisted as they conceive in the aire with the French and Spanish aid so it is likely enough there shall not want those that either satisfaction of their private passions or supply of their necessities or better affectionating some other their private designes would be content to serve themselves of this present publick occasion and opportunity who will propound and promise also more to his Majesty of such forain assistance then they know in their consciences can be performed if he would declare himself enemy to this Realm which that he should though to his own ruine the enemies of both Realms will do what they can to procure But men of wisdom and understanding laying before their eyes as well the accustomed delayes and after long solicitation and pursuit the simple supplies and support commonly found at these forain Potentates hands as also how doubtful and uncertain the successe of warre may prove England God be thanked being so prepared and in case to defend it self both otherwise and by the conjunction of Holland and Zelands forces by Sea in respect whereof this Realm need not fear what all the Potentates of Europe being bended against us can do for to annoy the same Due consideration I say being taken hereof you will easily judge and find how vain it were for your Soveraign upon so uncertain hopes to embark himself and estate in an unnecessary warre But much more if you shall consider what a sequell and train of dangers and hazards this warre draweth therewith the consequence whereof reacheth to whatsoever your Soveraign possesseth or hopeth for in this life For escaping to be slain in field if he should happen to be taken prisoner or be constrained to retire himself out of the Realm things that have fallen out oft in experience and then having incensed this whole Realm against him he should be disabled from any right in the succession of this Crown as authority is given to do it by the same Statute whereby they proceeded against the mother for attempting the invasion of this land what extremity should he be reduced unto And truly it could not otherwise be the ancient enmity between the two Nations now forgotten being by drawing blood one of another again likely to be in such sort revived as it would be impossible to make them like of a Prince of that Nation and specially him who had been upon so unjust a ground the authour of that unfortunate breach Besides that the greatest part of the ancient Nobility by whose judgement the late Queen was condemned and the rest of the principal Gentlemen of the Realm who confirmed the same in Parliament should have just cause to adventure any thing even to the marching over their bellies rather then to yeild to his government who carrying such a vindictive minde they might doubt would one day call their lives and honours in question And as for the remedy and relief which he might attend standing in these terms of forain Princes there are many examples of the former ages and within fresh memory As the King of Navarres Grandfather by the mothers side and Christiern King of Denmark both were allied to Francis the first and Charles the fist two of the
Noblemen Barons Gentlemen Burgesses and Ministers this day by the mercy of God convened do beseech your Majesty to apprehend the great danger wherein the state of Religion Common-wealth and your Majesties own honour and person are brought by the means of crafty and deceitfull Counsellours who respecting onely their own preferment and standing labour to file your Majesties eyes that you should not perceive their courses for albeit it hath pleased God to endue your Majesty with knowledge wisdome and graces beyond all Princes that have ruled this kingdome at any time yet it is no strange thing to behold good Kings brought upon ill courses by the devices of such as pretend love but in very deed hate them maliciously That such courses are now in hand please your Majesty to consider what a division is made and entertained between your Majesty and the Church who was ever to this time inseparably joyned and how under colorable pretexts the liberty of preaching and faithfull applying of the word is sought to be restrained and taken away which cannot but bring many evils and inconveniencies with it as this days tumult may partly teach And now seeing blessed be God the same is setled without the harm of any person for preventing the like or worse we humbly desire the Articles following to be weighed and considered by your Majesty 1 That professed Papists processed by the Church be not suffered to reside at Court and that the Lady Huntley and Lord Sauwhar be removed and sent home 2 That Alexander Seaton President Mr. Thomas Hamilton Advocate and Mr. Iames Elphingston be not admitted to sit in Councell at least when the cause of Religion and matters of the Church are treated seeing they are enemies to the quietness thereof and have by their devices raised the troubles that presently do vex the same 3 That the Acts of Councel Proclamations Decrees and Interloquutors passed in prejudice of the Church and Ministers these last five weeks be rescinded and annulled 4 That the Commissioners of the Church be recalled by Proclamation and the Burgesses of the Town permitted to remain and attend their callings 5 That the bond advised by the foresaid enemies to be subscrived by all the Ministers under the pain of losing their Benefices and stipends be discharged seeing the same is prejudiciall to the Gospel and that Commission as use is to modifie stipends for the present year Lastly that an Act of Councell be made allowing the proceedings of the Church and the concurrencie given them by the Noblemen Barons and others in the present action It was late and the night fallen before these Articles were put in form the day being then at the shortest the persons chosen to present them were the Lairds of Bargenny Pâ—tarrow Faudonside Mr. David Lindesay and Mr. Robert Rollock Before their coming the Councell had concluded not to receive the Petitions as was promised and to commit those that did present them yet doubtfull what might be the event thereof it was thought fitter to terrifie them from presenting the same for this effect the Lord Ochiltry was appointed to meet them at the utter gate who drawing Bargenny aside advised him to go back because of the anger which the King had conceived and to meddle no more in that business for the King he said knew he was brought upon it unwillingly and would excuse his part if he went no further Bargenny forthinking his imployment and not knowing how to colour it to his associates the Lord Ochiltry drew them aside and said that he had brought the Laird of Bargenny to the Town for affairs that did neerly touch him and that he did not think to meet with such business at his coming therefore desired them to have his friend excused for that time and seeing they were a number sufficient to doe the errand they might goe to it or if they pleased to delay the same to the next morrow he should be with them They answered that they were alse little foreseen at their coming of those matters as he was and seeing they were all joyned in one Commission if he was the principall did decline it they could doe nothing by themselves and so the businese was left for that night In the morning early the King and Councell departed to Linlithgow leaving a Proclamation which was presently published at the Market Cross of Edinbough of this Tenor. That the King considering the late treasonable uproar moved by certain factious persons of the Ministery of Edinburgh who after they had uttered most seditious speeches in Pulpit did convene a number of Noblemen Barons and others in the little Church and sent some of their number to his Majesty being then in the upper house of Session using him in a most irreverent manner and with speeches ill-beseeming any subject And that a multitude of the Townsmen by perswasion of the said Ministery had treasonably put themselves in Armes intending to bereave his Majesty and his Councell of their lives did think the said Town an unfit place for the ministration of justice and had therefore ordained the Lords of Session the Sheriffs Commissioners and Justice with their severall members and Deputies to remove themselves forth of the Town of Edinburgh and be in readiness to repair unto such places as should be appointed commanding in like sort all Noblemen and Barons to dispatch unto their houses and not to presume to convene either in that or any other place without his Majesties licence under the pain of his Highness displeasure This Proclamation with the Kings suddain departing wrought a great alteration in the mindes of the people They began then to see their errour and lookt heavy one upon another the better sort being in a great perplexity what they should doe called their Councel together but could not resolve what course to take To follow the King and plead for the Town they could not think any of them would be accepted and it being the last day of the week hardly would any others undertake the imployment so as they saw no way but to be quiet till they heard what the King and Councell concluded to doe But the Ministers persisting in their first resolution laboured to have the Noblemen and Barons remain together and to send for others well-affected in Religion who as they thought would joyn in the cause A Bond to this effect was drawn up and subscrived by some few The Councell of the Town excused themselves saying Their good will was known and that they were not to leave their dwellings which made divers keep back their hands Alwaies it was thought meet that the Ministers should write to the Lord Hamilton and the Laird of Bacleugh of whose assistance they held themselves assured intreating them to repair to the Town and countenance the cause as likewise that the rest of the Ministers in the Countrey should be convened as unto a Generall Assembly and desired to bring with them the best
letter directed to the E. of Northumberland that we may know the wisdome and piety of the King who had sent him advertisement of the Queens weaknesse and advised him to make sure his title by apprehending possession in time he said That man can neither be religious nor just that dealeth worse with his neighbour then he would be dealt withall and in a man of quality it can be no wisdome to leap hedge and ditch and adventure the breaking of his neck for gathering forbidden fruit before it be ripe when as by attending the due time he may be sure to finde all the gates of the orchard open and with free scope enter take and tast at liberty Sure it were a great weakness and unworthiness in me to come in as an Usurper with offence and scandall to the laws and present estate of government when I may in the right time claim the Crown as nearest Heir to the Prince deceased and possesse with equity should I out of untimely ambition fall to break the long continued and faithfully preserved amity that by the proof of many kinde offices hath taken root among us it were an error inexcusable And howbeit I doe acknowledge your kinde affection in the offers you make of assistance I must tell you freely that no Prince can presume of any subjects loyalty to himself that hath been unsound and unfaithfull to his own Soveraign nor would I ever look to be secure in a Kingdome so trayterously disposed In end he advised the Earl to forbear such writing and when he wrote which he wished him to doe rarely and not but upon great occasions to beware of any thing that might justly offend the Queen lest by interception or other misadventure he might be disabled to serve him another day This was the Kings resolution which God so blessed as it brought him within a short time after against the opinions and desires of many to the quiet and peaceable possession of his right and inheritance for in the Spring the Queens disease encreasing which was judged to be a melancholy incorrigible and by some conceived to proceed from a sorrow for Essex others ascribed it to the accepting of the Rebell Tyrone to peace and all apprehending it to be deadly the hearts of people did so incline to the King as a great many in that State did write unto him That all England was grown to be Scotish The Queen her self continuing constant in her affection when she was askt a little before her death by the Lord Keeper and Secretary who were directed by the Councell to understand her will touching her Successor answered None but my Cousen the King of Scots After which words she spake not much only being desired by the Archbishop of Canterbury whom she would not suffer to go from her all that time to fix her thoughts upon God she said So I doe neither doth my minde wander from him and then commending her soul to God in devout manner died most patiently and willingly A Queen imcomparable for wisdome and fidelity of government she departed this life the 24th of March in the 70 year of her age and 44 of her Reign The same day in the forenoon the King of Scots was proclaimed King first at the Palace of whitehall next at the Crosse in Cheapside within the City of London with an infinite applause of all sorts of people The end of the sixth Book THE HISTORY of the CHURCH OF SCOTLAND THE SEVENTH BOOK The Contents The proceedings after his Majesties going into England unto his death THE news of the Queens death were brought the third day after by Sir Robert Cary a son of the Lord Hunsdon after whom Sir Charles Percy brother to the Earl of Northumberland and Thomas Somerset sonne to the Earl of Worcester were directed from the Councell of England with the Letter following RIght High Right Excellent and mighty Prince and our dread Soveraign Lord as we cannot but confess unto your Majesty that the grief we have conceived by the loss of our late Soveraign Lady whose soul in your palace of Richmond passed from her earthly body to the joyes of heaven betwixt two and three of the clock this morning was nothing less then our loyalty and love to her whilest she lived being a Princesse adorned with vertues meet for Government prosperous in the success of her affairs and under whose obedience we have lived in greater tranquillity these many years then commonly happeneth to Princes so we must acknowledge that our sorrow is extingushed by the impression we have of those heroicall vertues of wisdome piety and magnanimity which we know to be in your Majesties person to whose right the lineall and lawfull succession of all our late Soveraigns dominions doth justly and onely appertain wherein we presume to profess this much as well for the honour which will thereby remain to our posterity as for your Majesties security of a peaceable possession of your kingdomes that we have never found either of those of the Nobility or of any other of the Estates of this realm any divided humour about the receiving and acknowledging your Majesty to be the onely head that must give life to the present maimed body of this kingdome which is so happy as with an universall consent to have received one sole uniform and constant impression of bright blood as next of kin to our Soveraign deceased and consequently by the Laws of this realm true and next heir to her kingdomes and dominions whereof we have made outward demonstration by publick Proclamation this very day a fore noon first in the City of Westminster at your Majesties palace gate at White-Hall and next at the Cross of Cheap-side within your Majesties City of London with an infinite applause of your people and with such solemnity as the shortness of time would permit Of all which we have thought it our duty immediately to advertise your Majesty by these two Gentlemen Sir Charles Percy brother to the Earl of Northumberland and Thomas Somerset Esq son to the Earl of Worcester of whom we have made choice to be the bearers of our Letters humbly beseeching your Highness to accept the same as the first fruits and offering of our tender and loyall affections towards you our gracious Soveraign and to rest assured that the same shall be ever hereafter seconded with all faith obedience and humble service which shall be in our power to perform for maintaining that which we have begun with the sacrifice of our lives lands and goods which we with all our other means do here humbly present at your Majesties feet craving of your Highness that seeing hereby you may perceive in what estate we remain as body without a head or rather without that spirit here amongst us which from the head might give vigor to every member to exercise the duty to it belonging thereby to keep the whole body from confusion you will be pleased to enter
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
new business in September complained to the Councell of the disobedience given to their charge order was taken hereupon to summon them before the Councell and a beginning made with the two Leaders of the rest Mr. Forbes and Mr. Welch being charged to a certain day of the same moneth They appeared and standing to the defence of that which they had done were committed to the Castle of Blackness direction was likewise given for citing the rest to the third of October At the day all appeared and being charged for disobeying his Majesties letter thirteen of the number acknowledging their offence and protesting that what they did was not out of disobedience intreated the Lords to intercede with his Majesty for their Pardon the rest taking contrary course and maintaining their proceedings were Committed to severall prisoners their names were Mr. Charles Farum Mr. Iohn Monro Mr. Iames Irwyn Mr. William Forbes Mr. Nathaniell Inglis Mr. Andrew Duncan Mr. Iames Grey and Mr. Iohn Sharp Some of these being sent to Dunbarton others to Blackness and some to the Castle of Down the others that had confessed their offence were dimitted suffered to return to their charges These proceedings of the Councell were openly condemned by divers preachers and to make them more odious it was every where given out that the suppressing of Assemblies and present discipline with the introduction of the rites of England were the matters intended to be established whereupon the declaration following was by his Majesties command published Whereas we have ever since it pleased God to establish us in the imperiall Crown of great Britain equally regarded the good of both kingdomes now happily united in our royall person in one Monarchy ever minding to maintain and continue the good and laudable customes and laws whereby each of them hath been these many ages so worthily governed nevertheless some malicious spirits enemies to common tranquillity have laboured to possesse the mindes of our well affected subjects with an opinion that we do presently intend a change of the authorized discipline of the Church and by a suddain and unseasonable laying on of the rites ceremonies and whole Ecclesiasticall order established in this part of our kingdome of Britaine to overturn the former government received in these parts which none of our good subjects we trust will be so credulous to believe knowing how carefull we have been to maintain both Religion and Justice and to reform the evills that did in any sort prejudice the integrity of either of the two whereby justice hath attained under our government to a greater perfection and splendor then in any of our predecessors times and many abuses and corruptions in the discipline of the Church amended that otherwise might have brought the purity of Religion in extreme danger neither of which was done by our soveraign and absolute authority although we enjoy the same as freely as any King or Monarch of the world but as the disease of the civill body ever was cured by the advise of our three Estates so were the defects of the Church by the help and counsell of those that had greatest interest therein And however in rule of policy we cannot but judge it convenient that two estates so miserably disjoyned should be drawn to as great conformity in all things as the good of both may permit and that no Monarchy either in Civill or Ecclesiasticall policy hath yet obtained to that perfection that it needs no reformation or that infinite occasions may not arise whereupon wise Princes will foresee for the benefit of their estates just cause of alteration yet are we and ever have been resolved not to make any suddain and hasty change in the government of that part of our kingdome either Civill or Ecclesiasticall but with grave advise and consent of our Estates and the wisest and best sort of them whom it most properly concerns much less to trouble them with an unnecessary alteration of indifferent and ceremoniall matters and to do it upon such foreseen advantages and prevention of confusion and evill to come as the greatest enemies to peace and obedience to Princes shall not obtrude any inconvenient to the contrary And as by Gods holy assistance we have drawn that part of our kingdome out of infinite troubles factions and barbarities reducing the utmost borders and confines thereof to Gods obedience and acknowledging of our laws a condition never heard of since this Isle was first inhabited so by the same divine providence and our fatherly care over the whole Island we intend to transmit the same in good order happy quietness and flourishing policy to the posterity wherewith God hath blessed us and after them to the worlds end Like as for the more verification of his own honourable intention and to stop the mouths of those unquiet spirits raisers of that false scandall of alteration we have appointed a generall Assembly to be holden at Dundie the last Tuesday of Iuly whereat we expect a reparation of these disorders in as farre as belongeth to their censure and to be freed in time coming of all such calumnies Given at our Honour of Hampton Court the 26 of September 1605 and in the third year of our reign of Great Britain France and Ireland The Copies of this Declaration were sent to the Ministers remaining in ward that they might see the vanity of these rumors and be induced to acknowledge their offence but they still continuing in their obstinacy and shewing no tokens of penitency were again called before the Councell the 24th of October to receive their censure for the disobedience of his Majesties commandements At which time being enquired what they had to say for themselves and how they could excuse the contempt of his Majesties directions after some speeches tending to justifie their doings they presented a write a Declaration formed in this sort Please your Lordships the approbation or disallowance of a Generall Assembly hath been and should be a matter spiritual and alwaies cognosced and judged by the Church as Iudges competent within this Realm and seeing we are called before your Lordships to hear and see it found and declared that we have contemptuously and seditiously convened and assembled our selves in a Generall Assembly at Aberdene the first Tuesday of Julyâ—ast â—ast and the said Assembly to be declared unlawfull as at more length is contained in the summons executed against us We in consideration of the premises and other reasons to be given by us have just cause to decline your Lordships judgment as no waies competent in the cause above specified and by these presents we simpliciter decline the same seeing we are most willing to submit our selves to a triall of a Generall Assembly that is only the Iudge competent Subscribed with our hands the 24th of October 1605. The subscribers were Mr. Iohn Forbes Mr. Iohn Welch Mr. Iohn Monro Mr. Andrew Duncan Mr. Alexander Straghan Mr. Iames Greg Mr. William
Commissioners chosen to present these Petitions were the Archbishop of Glasgow the Earl of VVigton the Lord Kilsith Mr. VVilliam Couper Minister at Perth and Iames Nisbit Burgess of Edinburgh together with the Petitions they received a Letter from the Assembly conceived in these terms HAving convened in this Generall Assembly by your Majesties favourable licence and permission and shadowed under your Majesties wings with the presence of your Majesties Commissioners we did set our selves principally to consider the cause of the late growth of Papists among us and found by an universall complaint the chief cause to be this that where the Church in these parts was accustomed to be nourished by your Majesties fatherly affection as the most kinde parent of piety and Religion we have been left in the hands of unkinde stepfathers who esteeming us an uncouth birth to them have intreated us hardly and cherished our adversaries by all means they could as your Majesties highness will perceive more clearly by the overtures for remedy which in all humble submission we present to your Majesty by these honourable Commissioners and brethren humbly intreating your Majesty to take compassion upon us your Majesties loving children in this land that we may be taken out of the hands of these who are more ready to deliver the heads of the Kings sons to Jehu if the time were answerable to their wishes then to nourish and bring them up to perfection There is no cause Sir why the Apostates who have lately grown up in this land should be feared whatever they be in estate or number for with them are the golden Calves which God will destroy with them is Dagon whose second fall shall be worse then the first but with your Majesty is the Lord your God to fight for you and under your standard are the best of the Nobility the greatest number of Barons and all your Majesties Burgesses unspotted in Religion and resolute all of them for Gods honour and your Majesties preservation to spend their goods and lives and whatever is due to them VVe also your Majesties humble servants the Bishops and Ministers of the Gospel in this land now reconciled to others with a most hearty affection by your Majesties only means and the carefull labours of your Majesties trusty Counsellor and our very good Lord the Earl of Dunbar are for out parts most ready to all service in our callings to stirre up your Majesties subjects by the word that God hath put in our mouths to the performing of that obedience which God and nature doth oblige them unto and by Gods grace shall go before them in all good eâ—sample These things we leave to be delivered by our Commissioners whom we beseech your Majesty to hear graciously and after some favourable consideration of our case and present suits to give such answer as in your Highness wisdome shall be thought fittest And now with our humble thanks to your Majesty for the liberty granted to meet in this Assembly and our most hearty prayers to God Almighty for your Highness long life and prosperous reign we rest This letter was subscribed by the Earls of Crawford Glencarne and Kinghorne the Lords Lindesay Baclugh Salton London Torphichen Blantire Scone Halirudhouse and a great number of the Clergy and Barons The Chancellor hearing of the Assemblies proceedings and supposing himself to be specially aimed at in all that business wherein he was not mistaken moved the Secretary to take journey to Court for obviating these courses so farre as he might But he at his coming did meet with a business that concerned himself more nearly for about the same time Cardinall Bellarminâ— had published an Answer to the Kings Apology and therein charged him with inconstancy objecting a Letter that he had sent to Clement the eighth whilst he lived in Scotland in which he had recommended to his Holiness the Bishop of Vaison for obtaining the dignity of a Cardinall that so he might be the more able to advance his affairs in the Court of Rome The Treatise coming to the Kings hands and he falling upon that passage did presently conceive that he had been abused by his Secretary which he remembred had moved on a time for such a letter and thereupon began to think that among the letters sent to the Dukes of Savoy and Florence at the time another might have been shuffled in to the Pope and his hand surreptitiously got thereunto The King lay then at Royston and the Secretary coming thither he inquired if any such letter had been sent to the Pope at any time The Secretary apprehending no danger and thinking that his policy in procuring the Popes favour to the King should not be ill interpreted confessed that such a letter he had written by his Majesties own knowledge But perceiving the King to wax angry he fell on his knees and intreated mercy seeing that which he had done was out of a good minde and desire to purchase the Popes favour which might at the time have advanced his title to England The King then putting him in minde of the challenge made by the late Queen in the year 1599 for writing the same letter and how being at that time questioned thereupon he had not onely denyed his own knowledge thereof but likewise moved Sir Edward Drummond who carried the letter to the Pope to come into Scotland and abjure the same he answered That he did not think the matter would be brought again in hearing and that fearing his Majesties offence he had denyed the letter and had moved his Cousin Sir Edward to do the like but now that he saw that which he had done in the politick course turned to the Kings reproach with many tears he besought his Majesty to pardon his fault and not to undo him who was own creature and willing to suffer what he thought meet for repairing the offence The King replying that the fault was greater then he apprehended and that it could not be so easily passed enjoyned him to go to London and keep his chamber till he returned thither After some eight days the King returned to White Hall where the Secretary was brought before the Councell and charged with the fault which the Lords did aggravate in such manner as they made the same to be the ground of all the conspiracies devised against the King since his coming into England especially of the Powder Treason For the Papists said they finding themselves disappointed of the hopes which that letter did give them had taken the desperate course which they followed to the endangering of his Majesties person posterity and whole estates The Secretary having heard their discourses kneeled to the ground and fetching a deep sigh spake to this effect Curas leves loquuntur ingentes stupent My Lords I cannot speak nor finde words to express the grief I have conceived for the offence committed by me against my gracious Soveraign for on the one side when I call to minde
that it should be lawfull to Superiours and Lords of Regalities to refuse the entry of all such to their lands by precepts of Clarè constat or any other way Lastly that persons excommunicated for not conforming themselves to the Religion presently professed should neither in their own names nor covertly in name of any other enjoy their lands or rents but that the same should be intrometted with and uplifted to his Majesties use These were the Acts concluded touching Religion for the punishment of rapes which was grown as then too common his Majesty by a speciall letter did recommend to the Estates some overtures for restraining such violences As if any widow woman or maid should be forced and abused against her will the crime should be capital and not purged by the subsequent consent of the woman In like manner if any woman should be taken away albeit no further injury was done and she relieved either by her friends or by the Magistrate or by what so ever means the onely violence intended should be punished by death in regard the party had indevoured to do his worst And for those that did intice any woman to go away without their parents or tutors consent that they should be secluded from any part of the goods or lands belonging to the woman so inticed Some other Acts for the publick good of the kingdome were passed at the same time neither was it remembred that in any one convention so much good of a long time was done as in this In the beginning of February the Secretary was brought to Edinburgh and delivered to the Magistrates who received him at the neither port and conveyed him as a Prisoner to the lodging that was appointed A great gazing there was of people which troubled him not a little as he shewed by his countenance The next day he was delivered to the Lord Scone who with a guard of horse did convey him to the prison of Falkland there he remained to the 10 of March and was at that time taken to S. Andrews to abide his triall with the Justice there sate as Assessors the Earls of Dunbar Montross and Lothian the Lord Privy seal and Clerk Register His indictment was to this effect That in the year 1598 by the instigation of his Cousin Sir Edward Drummond a professed Papist he had stoln and surreptitiously purchased his Majesties hand to a letter written by the said Sir Edward and directed to Pope Clement the eighth in favour of the Bishop of Vaison for the said Bishops preferment to the dignity of a Cardinall And that notwithstanding the many denialls the King gave him in that busines he had treasonably conspired with the said Sir Edward to deceive and abuse his Majesty shuffling in a letter among others that were to be signed and filling it up after it was signed with the styles and titles usually given to the Pope and sealed the letter with his Majesties fignet the keeping whereof was intrusted to him by virtue of his office and in so doing had mostundutifully and treasonably behaved himself to the indangering of his Majesties Honour Life Crown and Estate and to the subversion of true Religion and the whole professors thereof Upon the reading of the indictment he was enquired if he would use any friends or advocates to speak in his defence as the order of the Court did allow him his answer was That he stood never in so great need of a Proloquutor the matter concerning his life estate and all that he possessed in this world yet he had choosed to keep silence and not employ either friends or advocates the offence he had committed being such as could admit no defence for howsoever he conceived that the keeping of intelligence with the Pope might advance his Majesties succession to the Crown of England yet knowing as he did his Majesties resolution never to use any crooked course but to rest upon Gods providence and his own right it did not become him to have medled in a matter of that importance Therefore did he intreat all gentlemen and others that were present to bear witness of his confession and the true remorse he had for the offence committed which he esteemed so great as neither his lands nor life may not twenty thousand lives such as his could repair onely two things he asked liberty to protest one was that he never intended to work an alteration of Religion or a toleration of the contrary the thing he had done being a meer worldly course whereby he judged some good might have been wrought at the time Next he protested that neither the love of gain nor hope of commodity had led him on that having never received nor expected benefit from any Prince living his Master the King onely excepted but an opinion he foolishly conceited that he might that way promote his Masters right In end he said that he would not make the Iudges any more business that he had confessed the truth and as he wished God to be mercifull to his soul in that great day his Majesty was most falsely and wrongfully charged with the writing of that letter to the Pope and that he never could move him to consent thereto The Jury was then called and the persons following sworn in face of Court David Earl of Crawford George Earl Marshall Iohn Earl Wigton Patrick Earl of Kingborne Iohn Earl of Tillibarden Alban L. Cathcart Iohn L. Salton David L. Scone Alexander L Garlies William Master of Tillibarden Sir Iames Douglas of Drâ—mlanrick Sir Robert Gordon of Lochinvar Sir William Levingston of Kilsith Sir Iohn Houston of the Ilke and Sir Patrick Home of Polwart These going apart returned after a short space into the Court and by the mouth of the Earl of Marshall pronounced Iames Lord Balmerinoch guilty of treasonable surreptitious fraudulent and false stealing of his Majesties hand to the letter specified in the indictment without his Majesties knowledge and contrary to his will declared As also of the treasonable affixing of his Majesties signet to the said letter and of assisting known and professed Papists in their treasonable courses to the danger of Religion the overthrow of the true professors thereof and drawing of his Majesties life estate and right of succession to the Crown of England in most extreme perill besides the bringing of most false and scandalous imputations upon his Majesty as well in Religion as honour and of art and part of the whole treasonable crimes contained in the said indictment The King being advertised of his conviction for he had commanded before any doom should be pronounced by a warrant directed to the Justice he was brought again to Edinburgh and in a Justice Court kept the first of Aprill decerned to be taken to the place of execution and there to have his head cut off his lands heritages Lordships Baronies taks steadings rooms possessions offices benefices cornes cattell c. forfeited and escheated to his
recover But neither this nor the other poisons that were continually put in his meats serving to dispatch him Mistresse Turner the preparer of all procured an Apothecaries boy to give him a poysoned glyster which brought him to his end Overbury thus dead was presently buried and because of the blanes and blisters that appeared in his body after his death a report was dispersed that he dyed of the French Pox which few believed and still the rumour went according to the truth that he was made away by poyson The greatness of the procurers kept all hidden for a time but God who never suffereth such vile acts to go unpunished did bring the same to light after a miraculous manner It happenned the Earl of Shrewsbury in conference with a Counsellour of Estate to recommend the Lieutenant of the Tower to his favour as a man of good parts and one that desired to be known to him The Counsellour answering that he took it for a favour from the Lieutenant that he should desire his friendship added withall that there lay upon him an heavy imputation of Overburies death whereof he wished the Gentleman to cleer himself This related to the Lieutenant he was stricken a little with it and said That to his knowledge some attempts were made against Overbury but that the same took no effect which being told to the King he willed the Counsellor to move the Lieutenâ—nt to set down in writing what he knew of that matter as he also did thereupon certain of the Councell were appointed to examine and finde out the truth From Weston somewhat was found whereupon he was made prisoner Turner and Franklin the preparers of the poyson being examined confessed every thing and then all breaking forth the Earl of Somerset with his Lady and the Lieutenant were Committed Weston at his first arraignment stood mute yet was induced afterwards to put himself to the triall of the Countrey and being found guilty was hanged at Tyburne Mistresse Turner and Iames Franklin were in like sort executed The Lieutenant who had winked at their doings was judged accessary to the crime and condemned to death which he suffered expressing a great penitency and assurance of mercy at the hands of God In the May following the Earl and his Lady were brought to their triall which by their friends they laboured earnestly to eschew but the King would not be intreated for the love he had to maintain justice The Judge by Commission was Thomas Lord Ellesmore Chancellour of England and Lord High Stewart for that time his assistants were Sir Edward Coke Lord Chief Justice of England Sir Henry Hubbart Lord Chief Justice of the Common Pleas Sir Laurence Tanfield Lord Chief Baron of the Exchequer Judge Althared one of the Barons of the Exchequer Judge Crook Judge Dodderidge and Judge Haughton Judges of the Kings Bench and Judge Nicols one of the Judges of the Common Pleas. The Peers by whom they were tryed was the Earl of Worcester Lord Privy-seal the Earl of Pmebroke Chamberlain the Earls of Rutland Sussex Montgomery and Hartford the Viscount Lisle the Lord Souch Warden of the Cinque Ports the Lord Willowby of Eresby the Lord Dacres the Lord Monteagle the Lord Wtentworth the Lord Rich the Lord willowby of Parham the Lord Hansdon the Lord Russell the Lord Compton the Lord Norris the Lord Gerard the Lord Cavendish and the Lord Dormer With the Lady there was not much ado for she with many tears confessing the fact desired mercy The Earl who was the next day presented before the Judges made some defences but the confessions of those that were executed and a letter he had sent to his Majesty did so cleerly convincehim of being accessary to the crime at least that they were both sentenced to be taken to the Tower of London and from thence to the place of execution and hanged till they were dead It was a foul and hatefull fact on the Earles part especially who did betray his friend for satisfying the appetite of a revengefull woman yet by his Majesties clemency the lives of both were afterwards spared A new business was about the same time made by the Marquis of Huntly some eight years before he had been excommunicated and giving hopes from time to time of his reconcilement did not onely frustrate the same but breaking out in open insolencies had caused his officers discharge his Tenants from hearing the Sermons of some Ministers with whom he made shew to offend Being for this called before the high Commission he was committed in the Castle of Edinburgh and had not remained there two or three days when upon the Chancellors warrant he was put to liberty The Bishops that were in Town complaining to himself of that he had done were disdainfully answered That he might enlarge without their advice any that were imprisoned by the high Commission and when it was told that the Church would take this ill said that he cared not what their Church thought of him whereupon the Ministers made great exclamations in the pulpits as against one that abused his place and power Complaints hereupon were sent from all hands to the King The Bishops complained of the Chancellour his usurping upon the Commission and to this effect directed Alexander Bishop of Cathnes to Court The Chancellour complained of the turbulency of the Ministers and the liberty they took to censure the publick actions of Statesmen in their Sermons The Marquis upon a suit he made before his imprisonment had obtained licence to come unto Court and had taken his journey thither But the King upon the Clergies complaint sent Mr. Patrick Hamilton then waiting as Secretary deputy at Court to command the Marquis to return and enter himself in the Castle of Edinburgh for satisfying the high Commission withall he carried a letter to the Councell sharply rebuking them for releasing the Marquis he being warded by the Lords of the Commission The Gentleman meeting the Marquis at Huntingdon within a daies journey to London did use his message who intreated him to go back and shew the King that he was come to give his Majesty satisfaction in every thing he would enjoyn and to beseech his Majesty since he was so farre on his journey not to deny him his presence The offer of satisfaction pleased the King very well and permitting him to come forward to Court directed him to the Archbishop of Canterbury with whom he offered to communicate His excommunication standing in the way and it being contrary to the Canons that one excommunicated by the Church should without their consent who had so sentenced him be absolved in another it was a while doubted what course they should take The King on the one side was desirous to win him home and on the other loath to infringe the Order of the Church yet inclining to have the Marquis absolved it was thought that the Bishop of Cathnes his consent in
the Minister himself to give the Elements in the celebration out of his own hand to every one of the Communicants and that he may performe this the more commodiously by the advice of the Magistrates and honest men of his Session to prepare a Table at which the same may be conveniently ministred Truly in this we must say that the Ministers ease and commodious sitting on his taile hath been more lookt to then that kne eling which for reverence we directly required to be enjoyned to the receivers of so divine a Sacrament neither can we conceive what should be meant by that Table unless they mean to make a round Table as did the Jews to sit and receive it In conclusion seeing either we and this Church here must be held Idolatrous in this point of kneeling or they reputed rebellions knaves in refusing the same and that the two foresaid Acts are conceived so scornfully and so far from our meaning it is our pleasure that the same be altogether suppressed and that no effect follow thereupon So we bid you farewell Newmarket the 11 of December 1617. These letters were accompanyed with another to the Councell for inhibiting the payment of Stipends to any of the rebellious Ministers refusers of the said Articles either in Burgh or Landwart till they shew their conformity and that the same was testified by the subscriptions of the Primate or ordinary Bishop Which letters being shewed to the Ministers of Edinburgh and others that happened to repaire to that City for augmentation of stipends did cast them into a great fear and repenting their wilfulnesse as they had reason became requesters to the Archbishop of S. Andrews to preach as he was commanded on Christmas day at Edenburgh trusting his Majesty should be mitigated by his obedience and intercession for the rest Neither did he fail to use his best means for diverting the King from these rigorous courses and after a little time so loath was his Majesty to exerce any rigour against Ministers obtained a warrant for staying the execution of the former letters till their behaviour should be tried in the particular Synods and their disposition for accepting the Articles Mr. Archibald Sympson who all this while remained prisoner in the Castle of Edinburgh hearing that the King was so greatly displeased did supplicate the Lords of his Majesties Commission by whose command he was committed for liberty promising not to fall again in the like errours and professing a great sorrow for his medling with the Protestation as likewise for writing that letter wherein he had taxed the Church of England Being brought before the Commission after he had set his hand to his supplication he was permitted to return to his charge at Dalkeith Yet ere many days passed finding the countenances of the holy brethren cast down upon him he dispersed an Apologetick as he entituled it wherein making a gloss upon every word of his confession he concluded that whatsoever weakness or frailty had befallen him he hoped to be like Peter qui ore negavit corde confessus est and never to betray the Lords cause with Iudas This I have remembred by the way to make the humours of these men seen and the small regard they take of saying and gainsaying when it maketh for their purpose But to proceed the Bishops upon advertisement given them convened at Edinburgh the 29 of Ianuary and considering the hurt that the Church might receive if the Commission granted in Parliament for provision of Ministers which was to expire at Lambmas next should take no effect did by a common letter intreat his Majesty for a warrant to proceed in that Commission giving hopes that in their Synods they should induce the Ministers to obey The answer returned in February next was to this effect That howbeit his Majesty did interpret well their doings as intended to the good of his service yet considering the obstinate resistance of the Ministers to all his just and religious desires he could not expect any thing from them in their meetings but a further expression of their former misbehaviour Nottheless as he had once already upon the Archbishop of S. Andrews his intreaty suspended the execution of his last directions so at their requests he was pleased that the Commissioners for Stipends should meet and go on with the providing of Churches they in the mean time in their own persons and in their own Cathedralls observing the festivities that should intervene between and the Synods and ministring the holy Communion with the reverence required at the feast of Easter next Thus were maters pacified for that time and the Commission for augmentation of Stipends by the warrant of this letter put in practise Most of the next summer was spent in that work but with greater detriment then benefit to the Church for what augmentation soever was granted the same was recompensed to the givers by prorogation of their former leases for numbers of years and thereby the Church more damnified then bettered In the Synods all things were carried with reasonable quietness so as upon the Bishops humble requests licence was granted for meeting in a generall Assembly and the same indicted at Perth the 25 of August The Lords Hadington Carnegy and Scone were Commissioners in this Assembly for the King who upon the end of the Sermon presented his Majesties Letter conceived as followeth We were once fully resolved never in our time to have called any moe Assemblies here for ordering things concerning the policy of the Church by reason of the disgrace offered unto us in that late meeting of S. Andrews wherein our just and godly desires were not onely neglected but some of the Articles concluded in that scornfull manner as we wish they had been refused with the rest yet at this time we have suffered our selves to be intreated by you our Bishops for a new Convocation and have called you together who are now convened for the self same business which then was urged hoping assuredly that you will have some better regard to our desires and not permit the unruly and ignorant multitude after their wonted custome to oversway the better and more judicious sort in evill which we have gone about with much pains to have had amended in these Assemblies and for that purpose according to Gods ordinance and the constant practise of all well governed Churches we have placed you that are Bishops and overseers of the rest in the chiefest rooms You plead much we perceive to have things done by consent of Ministers and tell us often that what concerneth the Church in generall should be concluded by the advice of the whole neither do we altogether dislike your opinion for the greater is your consent the better are we contented But we will not have you to think that matters proponed by us of the nature whereof these Articles are may not without such a generall consent be enjoyned by our authority This
advertised of the enterprise of the banished Lords A Proclamation to meet the King at the Castle of Crawford A Proclamation given out by the banished Lords The Ambassadour went not saluting the King A Post is sent after him and his excuse The Lords make haste to Striveling The town of Striveling taken Two of the Councel directed to the Lords The Lords Answer The Kings care of those that attented him The King is pleased to admit the Lords in his presence The Lord Hamilton in name of the rest supplicates mercy The Kings Answer The Kings speech to Bothwel The King his pardon proclaimed The Master of Glammis made Captain of the Guard Thuan. hist. 1. 43. Duntraith confesseth the deposition he made against the Lords to be false A Parliament at Linlithgow The Ministers offend with the reconciled Lords Mr. William Watson Minister committed Iames Gibson committed for the like insolence The Superintendent of Lothian his death with a short description of his life An Assembly of the Church at Edinburgh The Lord Maxwel goâ—th to Masse and is committed An. 1586. A Synod at S. Andrews called against the Bishop April 1586. The Bishop being cited compeireth and protesteth against the Judicatory His accusation He appealeth to the King and Estates The Bishop excommunicated by the Synod Mr. Andrew and Mr. Iames Melvil excommunicated by a servant and Cousen of the Bishop The Appellation with the reasons sent to the King A transaction betwixt the Bishop and the Assembly The reasons moving the King to give way to this transaction The Ministers exhorâ—ed to judge charitably one of another Acts concluded in the Assembly His Majesties answer to the advice given him by the Chancellor A trouble in the Isles betwixt Mackoâ—â—il and Macklain The Earl of Eglington treacherously murthered A league with England concluded The Articles of the league The names of the Commissioners of both Kingdomes A new breach between the King and Queen of England The proceedings against the Queen of Scots Sentence of death pronounced against her William Keith sent into England about the midst of November A letter to William Keith from the King The Queen in passion at the sight of the letter The King excuseth the sharpnesse of his letter The Master of Gray and Sir Robert Melvil sent into England The first audience The second audience and effect thereof A letter from the King to the Master of Gray The Master of Gray drawne upon another course Secretary Walsingham writeth to the Lord Thirlstan The King commandeth the Ministers to remember his mother in their prayers The third of February appointed for solemn prayers in her behalf The Bishop of S. Andrews appointed to preach Mr. Iohn Cowper usurpeth the place The Ministers at Edinburgh discharged The Queen of Scots her request to the Queen of England The Queen of England is doubtful which way to take The Queen of Scots willed to prepare her self for death Her behaviour and preparation She biddeth her servants farewell Her directions to Andrew Melvil her Steward She is brought to the place of execution The Dean of Peterburâ—ow offereth to comfort her She prayeth by her self The manner of the execution A brief description of her fortune The inscription secretly affixed on her Sepulchre The same Englished The Queen of England writeth to the King by Mr. Robert Cary. The King denieth him accesse Mr. caâ—ies Declaration in writing The Declaration giveth no content to the King The Queen laboureâ—h to divert the King from Warre A letter of Walsâ—gham to the Lord Thâ—lsâ—an A Convention of the Estates The King is informed of certain speeches uttered by the Master of Gray 20. Apr. The Master of Gray and Sir William Stewart committed Sir William Stewart insists in the challenge of the Master of Gray Sir William Stewart liberated and the Master of Gray imprisoned Captain Iame information against the Lord Thirlstane An. 1587. Thirlstane created Chancellor A Parliament indicted at Edinburgh The Noblemen reconciled A general Assembly of the Church The Kings propositions to the Assembly by his Commissioners Montgomery resigneth the Bishoprick of Glasgow to Mr. William Ereskin The Churches petition to the Parliament against the Prelates The temporalty of Benefices annexed to the Crown The King forthinketh the passing of the annexation 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lib. 2. pag. 43. The small Barons admitted to give voice in Parliament The Lord Hunsdon hath presence of the King A Proclamation against incursions in England The Ambassadors sent into Denmark return 15. May. Latter end of August A Proclamation against Jesuits and Priests The Jesuits find caution to depart A general Assembly of the Church A Proposition made for the dangers threatened to Religion The advice of the Noblemen and Barons The King refuseth accesse to the multitude A conference betwixt certain of the Councel and the Assembly The grievances of the Church presented to the King The Minister Iames Gibson censured for his speeches against the King An. 1588. Gibson suspended from his ministery The Lord Hereis cleared of the accusation made against him The Borders begin to stirre upon the Lord Maxwels return The Kings expedition to Dumfreis Lochmaben rendred and the Keeper executed The Lord Maxwel taken prisoner at sea by Sir William Stewart and brought prisoner to Edinburgh Sir William Stewart killed by Bothwel Penult Iulii A meeting of the Estates upon the rumour of the Spanish Navy beginning of August His Majesties speech to the Estates The Chancellor his speech seconding the King Bothwel perswadeth the invasion of England Colonel Semple his arrive at Leth. The Colonel apprehended and relieved by the Earl of Huntley * 21. Iuly Huntley offers to present the Colonel to the Councel Sir Robert Sidney sent from England to the King 29. August The History of the Spanish Navy Captain Drakes stratagem The Navy returneth to Spain The death of Archibald Earl of Angus An. 1589. His disposition in his sickness A message from the Prince of Parma to the Catholick Lords Huntley reconciled to the Church Huntley excuseth his reconcilement by a letter A letter from the Earl of Arroll to the Prince of Parma Letters sent to the King of Spain from the Catholick Lords The Jesuits stirre up the Lords to enterprise somewhat by themselves A plot for taking the King A practise against the Chancellor Huntley cometh to the King Huntley committed in the Castle of Edinburgh Huntley set at liberty A letter from the Queen of England to the King The Lords make open insurrection The Subjects warned to accompany the King His Majesties speech to the Noblemen in his Army A question for leading the Vant-guard The Lords dissolve their forces The King goeth to Aberdene He returneth to Edinburgh about the beninning of May. The Earl Marshall goeth to Denmark to accomplish the marriage 10. Iune The Rebels offer to submit themselves Huntley Crawford and Bothwel impanelled The points of their indictment The Lords found guilty and committed to several Wards An Assembly of
Religion The King desireth to have the Noblemen reclaimed He communicated his mind with M. Robert Bruce M. Robert Bruce his answer and advice The King reasoneth with him to the contrary of his advise Mr. Robert's saucy Reply to the King Shortly after the Lords exiled return The Earle of Arroll intercepted in the Low Countreys escapeth A Convention at Falkland The King's judgment of Huntley's supplication A Convention at Dunfermling The Commissioners for the Church upon the report of the Lords meet at Edinburgh A publick humiliation indicted Persons nominated to attend at Edinburgh for the Church The Lord Seaton President of the Session cited to appear before the Synod of Lothian A Conference betwixt certain of the Councell and some moderate men of the Ministery The King offended wâ—th the pertinacy of the Ministers Commissioners directed to his Majesty His Majesties peremptory answer to the Commissioners The grievances of the Church proponed The King his answer A new trouble by Mr. David Blake a Minister at S. Andrews Mr. Andrew Melvill labourreth to make it a common cause The Conditions proponed to Huntley The Conditions give no content A Declinatour advised to be droponed M. David Blake his Declinator M. Blakes answer to the Diet. The Declinatour sent to the Presbyteries to be subserived A Proclamation discharing the meeting of the Commissioners The Commissioners of the Church upon this discharge enter into a new consultation They sent a Commission to the Octavians Commissioners sent to his Majesty for surceasing M. Blakes proeess His Majesties offer to the Commissioners The wiser sort of the Ministers advise to accept of the offer but they are over-ruled M. Blake cited to the last of November The Baptisme of the Princess Elizabeth A Petition presented by the Commissioners to his Majesty and Councell The Petition rejected The points laid to M. Blaks charge Mr. Robert Pont protesteth for the liberties of the Church Mr. Blake declineth the Councell of new The Councell write the Declinatour The Kings care to keep peace with the Church The King conferreth with some Ministers touching Mr. Blakes businesse The Ministers desire a declaration to be made in favour of Church Assemblies His Majestie consenteth to the Declaration Mr. Blake refuseth to acknowledg his offence to the Queen The witnesses examined and Mr. Blake found guilty A new treaty for making an accord Conditions craved by his Majesty The Commissioners refuse to agree to any censure of M. Blake The Ministers indict a fast and complain of wrong done to the kingdom of Christ. His Majesties Declaration published A Bond of obedience subscrived by the Ministers Master Blake charged to go to his ward and the Commissioners to leave the Town A new motion of agreement overthrown by the practise of some of his Majesties Chamber The Ministers deluded by a counterfeit Letter M. Walter Balcanquall in his Sermon inveigheth against the Counsellors He exhorteth the Noblemen and Bâ—rons to a meeting A Petition directed to the King from the meeting Mr. R. Bruce his Speech to those that convened The King offended with the meeting The L d Lindesey his insolent words to the King Atumult raised in the Church and City A Deacon of the Crafts appeaseth the fury of the people Noble men directed from the King to inquire the cause of the tumult The Ministers purge themselves A new Petition moved to the King The Kings answer to the Petions proponed Articles condescended upon to be proponed to his Majesty The Commissioners chused to present the Articles Bargenny declineth the charge the business ceaseth The King with the Councell departeth to Linlithgow A Proclamation discharging all Judicatories to sit in Edinburgh A great alteration in the mindes of people A Bond for mutuall concurrence The excommunication of the President deferred A Fast in the City M. Welch and his Sermon A rumour dispersed that Arroll had some forces assembled The copie of the Letter sent to the Lord Hamilton shewed to the King This Letter did offend many of the better sort A charge for apprehending the Ministers The King refuseth the purgation offered by the Town The tumult declared treason by act of Counsell The Town employed others towards the King The Proposition made by those that were sent by the Town His Majesties answer The King cometh to Leth and the next day to Edinburgh Offers made by the Town for pacifying his Majesties anger The effects of the mutiny contrary to that which was intended Advice given to raze the Town The Queen of Englands letter to the King The letter pleased the King well The tumult declared Treason in the Convention of Estates The Town of Edinburgh charged to appear at Perth The Octavians quit their Commission of the Exchequer Captain Iames Stewart killed A Nationall Assembly indicted at Perth Articles published in print for the better preparation to the Assembly The Ministers greatly perplexed with these Questions Sir Patrick Murray directed to the North to deal with the Ministers The Ministers Answer His Majesties Letter to the Earl of Huntley Letters directed to the Presbyteries for keeping the Assembly The Assembly declared to be a lawfull Generall Assembly Articles presented by his Commissioners to the Assembly The advice of certain Brethren set apart to consider the Articles The Assembly required to meet with the Estates Protestation made by Mr. Tho Buchannan in name of the Church The answers of the Articles reformed Persons nominated to reason the questions Commission given for absolving the Popish Lords The conditions required of the Earl of Huntley The like condition prescrived to Angus and Arroll The King taketh the Ministers in his protection The Assembly intercedes for the Ministery of Edunburgh and others charged with the tumuls The Kings answer The death of Mr. Iohn Lesly Bishop of Rosse The Town of Edinburgh denounced Rebels An. 1597. The Town received into favour at the intercession of Noblemen Articles injoyned to be performed by the Town The Ministers of Edinburgh suffered to return but inhibited to preach An Assembly at Dundy Mr. Robert Rollock elected to preside Order given for absolution of the Popish Lords Proceedings of the Assembly The rest of the questions determined A generall commission foâ— Church affairs Sir Patrick Murray directed to the North. A Proclamation against Mr. Iames Gourdon The Laird of Lady-land having surprized the rock Elsa is drowned The Kings care for removing of deadly fewds A meeting of the Commissioners of the Assembly at Falkland The Secretary complaineth of Mr. Robert Wallace Minister at S. Andrews Mr. Wallace declineth the Commissioners Mr. Nicoll Dalgleish protesteth against the Commissioners proceedings The declination and protestation declared invalid The Witnesses examined doe verifie the complaint Mr. Wallace his obstinacy A visitation of the Church of S. Andrews Sentence given for removing Mr. Blake and Mr. Wallace from the Ministery of S. Andrews Master George Gladstaves admitted Minister of S. Andrews Abuses in the University reformed In the new Colledge all things found out of order
conference at Hampton Court His Majesties proposition at the meeting An. 1603. Doctor Reynolds speech in behalf of the Petitioners The particulars complained of The meeting continued to 18 of Ianuary The effect of the meeting and his Majesties exhortation to the Clergy The Chancellor of England his judgement of the King The number deposed for disconformity An. 1604. A Parliament in England for the union The English Commissioners The power given them by the Parliament A Parliament in Scotland to that purpose The Scottish Commissioners The power granted hâ—em Westminster appointed for the place of meetting Articles of the union Hostile lawes extinguished The name of Borders abolished Order for sentences not satisfied Participation of Commâ—dito be mutuall Inequality of priviledges to be be tried Importation to be free to both people Exportation of Goods prohibited made unlawfull to both Order for Native Commodities Order for Customes Scots may be associated in English Companies Order for transportation Punishment of such as shall transgress Caution to be given by the owners and Masters of Ships Indifferency of fraighting Poâ—â—nati declared free Exception for Offices of the Crown Reservation of his Majesties Prerogative Remanding of malefactors A scroll of the Articles presented to the King The Kings speech to the Commissioners The title of great Britain assumed Peeces of gold and silver coyned The Earl of Montrosse made Commissioner of the kingdom The Lord Fiâ—â— received Chancellor An. 1605. The generall Assembly continued A number convene notwithstanding the discharge The names of them convened The Kings Commissioner dischargeth the meeting The Ministers denounced and cited by the councell for their disobedience Some confess their fault and are pardoned Oâ—hers maintain their meeting and are Committed The proceeding of the Councell condemned by the Ministery His Majesties Declaration touching some rumours dispersed The King his resolution in making no sudden change in the Church policy The form of their Declinatour The Assembly declared unlawfull Some of the Ministers pursued criminally The Indictment Exception proponed by the Advocates The Reply to the Exception The Ministers found guilty of Treason A Proclamation that none should oppose the decision of the Justice A Convention of Estates His Majesties Letter directed to the Estates The Acts passed in the Convention The history of the Powder Treason The Jesuits approve of the enterprise The Conspirers swear secrecy A Cellar hired for the myne A deliberation for the Kings children Contribution for the enterprise Catholicks to be stopped from coming to the Parliament No forain Princes to be acquainted therewith Intention to proclaim Lady Elizabeth Queen The Conspiracy detected The Letter sent to the L d Mounteagle The secrecy of so many very strange An. 1606. Mr. Iames Melvills answer in name of the rest His Majesty proponeth three questions to them A time is desired by them and granted The second audience The Bishops judgement of the meeting at Aberdene Mr. Addrew Melvills answer touching the same Mr. Iames Balfour his answer Mr. Melvill his answer Mr. William Scot his answer interrupted by Mr. Andrew Melvill The Ministers called before the Scottish Councell They are discharged to return into Scotland The Kings pleasure touching the warded Ministers The letter to the Justice prescriving the forme of the sentence A Letter from his Majesty to the Councell The sentence pronounced by the Justice A Proclamation against Jesuits Mr. Andrew Melvill committed to the Tower The Observation of the Writer An Assembly indicted at Linlithgow His Majesties letter to the Assembly An overture sent from his Majesty to the Assembly Some brethren deputed undergoe to consider the overture The overture embraced with some cautions Cautions for the constant Moderators The cautions and overture approved A complaint of the Papists and their ininsolencie Petition from the Assembly to his Majesty His Majesties answer An. 1607. His Majesties pleasure touching the Popish Noblemen Direction to the Councell for constant Moderators The Synod of Perth discharged The Synod of Fife discharged A Provest placed in the new Colledge of S. Andrews The Ministers permitted to return from London Alexander Lord Spynie killed Trouble betwixt the Earl of Morton and Lord Maxwell Maxwell committed maketh an escape The Laird of Iohnston most treacherously killed by Maxwell An. 1608. The Earl of Argile made Lieutenant of the Isles A Parliament in Scotland for the union Provisions for the union An Assembly in Linlithgow for restraining Papists The Marquis of Huntley excommunicated The causes of the defection partly in the Church The remedies of the same The cause of the defection proceeding from others Supplication to his Majesty for redresse of these evils Petitions to his Majesty for repressing Popery The Secretaries journey to Court He is charged for writing a letter to the Pope and stealing his Majesties hand thereto The Secretary charged with the fault before the Councell His answer tothe Lords of the Councell Chancellor Egerton pronounceth sentence against him Sprot his execution The Commissioners of the Assembly have audience His Majesties answer A convention at Edinburgh An. 1609. The Chancellor admitted Counsellor of England Acts made for Religion Acts made against ravishing of women The Secretaries tryall at S. Andrews His indictment The Secretary his speech and answer to the indictment His protestation of two things The Jury sworn The doom pronounced against Balmerinoch A Parliament at Edingburgh An. 1610. An Assembly at Glasgow The moderators paid of the stipend promised A supplication in name of the Popish Lords Huntly freed of his confining The Earl of Arroll troubled for his simulation The Earl of Angus goeth to Paris The Archbishop of Glasgow called to Court The business proponed by his Majesty The Archbishop his answer The consecration questioned The High Commissioners appointed Directions for the High Commissioners and other matters Ecclesiasticall An. 1601. Directions for matters Ecclesiasticall The Clergy doth approve the directions Orders for the Councell An. 1611. A Proclamation against bearing of quarrell The troubles of Orkney The Earl of Orkney committed and his Acts of Court discharged The Clangregore to be rooted out The deuh of the Earl of Dunbarre Somerset his rising Advocate made first Clerk Register afterwards Secretary Sir Iohn Skeen dyeth of grief An. 1612 The Lord Samqhar executed in England Excommunication of persons for criminall and capitall cases if they become fugitive The Clergy agree to reform this point The death of the earl of Eglington and the disposition of his living to his Cousin A Parliament in Scotland A subsidy granted The L d Burleigh removed from Councell An. 1613. The death of Prince Henry The marriage of the Lady Elizabeth with the Palgrave The King acquireth the lands of Orkney Rebellion in Orkney The Earl of Cathnes imployed to suppresse the Rebels Persons executed for the Rebellion The death of the Bishop of Rosse The Earl of Orkney put to triall An. 1614 The Earl of Orkney his indictment The persons named for the Jury The sentence pronounced The execution of
do and to put them off the fields whereas if supply were not sent in time and that matters should happen to be put to a day amongst themselves the issue might prove dangerous Answer was made that the forces should be sent upon sufficient hostages for their surety during their remaining in Scotland Withall he craved that the English Rebels whom the Lords had in their hands and such others as should happen to be apprehended might be delivered to him as the Queens Lieutenant and left to her Majesties disposition For the hastages it was condescended that the chief Noblemen should deliver some of their friends to remain in England during the abode of the English forces and their safe return assured the chance and fortune of Warre only excepted which should be common and alike both to the Scots and them But touching the delivery of the English Rebells the Lords intreated that the same might be continued unto the return of her Majesties answer to the instructions sent by the Abbot of Dunfermlin who was upon his journey and had warrant from them to satisfie her Majesty in that point To this the Earl consented providing the Noblemen would give their bonds for the safe custody of the Rebels and the performance of that which her Majesty and the Ambassadour should agree unto The Laird of Grange and Secretary Lethington who as yet made a show to desire peace laboured by their letters to keep back the English forces offering what satisfaction the Earl of Sussex in name of her Majesty would require That the Earl answered that if the Lords of Linlithgow would disannull the Proclamation of the Queen of Scots authority and discharge all capitulations for aid out of France and all other parts beyond the Sea remitting the present dissension to the hearing and ordering of the Queen his Mistress and oblieging themselves by their subscriptions to stand at her Majesties determination he should stay his forces and detain them with himself till he received new direction from her Majesty Though these answers did in no wayes please them yet to gain some time they gave hopes that after conference with the Lords at Linlithgow he should receive all satisfaction But he smelling their intentions after he had received the bonds and pledges from the Noblemen of the Kings party sent Sir William Drury Governour of Berwick with a thousand foot and three hundreth horsmen into Scotland How soon the Lords that were convened at Linlithgow heard of their coming and that the Earl of Lennox was in their company they departed towards Glasgow and besieged the Castle purposing to raze it lest it should be usefull to the Earl of Lennox who was now returned from England But the house was so well defended by a few young men they passed not 24. in all that the siege after it had continued the space of five or six dayes brake up upon the rumour of the Noblemen and the English forces their approaching The Duke of Chattellerault went with the Earl of Argile into his Countrey the Earl of Huntley and the rest into the North. The Noblemen assisted with the English forces coming to Glasgow after a short stay marched to Hamilton and laid siege to the Castle which at the sight of the Ordinance that was brought thither for the battery was yielded to the English by Andrew Hamilton of Meryton Captain upon promise to have their lives spared The Castle was set on fire and pitifully defaced as also the Dukes palace within the town of Hamilton and divers other houses in Cliddisdale In their return to Edinburgh they destroyed the houses and lands pertaining to the Lords Flemyn and Levingston with the Dukes lodging in the town of Linlithgow the houses of Kinneill Powdowy Peill of Levingston and others that appertained to the Hamiltons in that shire This done the English forces returned to Berwick and were accompanied thither by the Earl of Morton who received again the hostages that were delivered in England Whilest these things were a doing at home the Abbot of Dunfermlin was following his legation in England His instructions from the Noblemen of the Kings party were First to shew the Queen that by the delay of her Majesties Declaration in the cause of the Kings Mother all these commotions had been raised and therefore to intreat her Majesty plainly to declare her self and take upon her the protection of the young King Secondly to inform her of the difficulties they had in electing of a Regent and crave her opinion therein Thirdly to shew what a necessity there was of intreating some forces of foot and horse till the present troubles were pacified and in regard of the publick burthens to request her for moneys to maintain 300 horse and 700. foot which was esteemed sufficient for repressing the adversaries power Lastly concerning the Rebells of England who were in hands to give her Majesty assurance that they should be safely kept and to beseech her Highnes if she would have them delivered that some respect might be had to their credit and mercy shewed so far as could stand with her Majesties safety and the quiet of the Realm For the other Rebells that were as yet in the Countrey he was desired to promise in their name all diligence for their apprehension and if it should happen them to be taken that they should be committed in sure custody till her Majesties pleasure was known These things proponed to the Queen she answered That having heard nothing from the Lords since the late Regents death and being dayly importuned by forain Ambassadours she had yielded to a new hearing of the controversies betwixt them and their Queen and that she intended to have a meeting of the Commissioners of both parties ere it was long Therefore desired them to cease from using further hostility and not to precipitate the Election of a Regent the delay whereof would work them no prejudice This answer reported to the Lords did trouble them exceedingly from the one part they saw a necessity of accommodating themselves and their proceedings to the Queen of Englands pleasure and on the other they did find a great hurt by the want of a Regent That adverse faction having thereby taken occasion to erect another Authority and divers of their own partakers falling back from their wonted forwardness as not knowing on whom they should depend After long consultation this expedient was taken That a Lieutenant should be appointed for certain time with full authority to administrate all affairs and notice sent to the Queen of England of the necessity they stood in of a Regent and that there was no other way to keep the subjects in obedience Choice accordingly was made of the Earl of Lennox grandfather to the King and a Commission of Lieutenandry given him to indure to the 11. of Iuly next at which time the Estates were warned to meet for the election of a Regent Letters were also directed to the
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
his Majesty and the Lawes Secondly that he perceived the Church had obtained some victory For when he was last questioned for his Sermon the Councel did make themselves Iudges of Ministers doctrine Now that he saw the complaint remitted to the Assembly he was glad and willingly submitted his doctrine to their trial Onely that he should not give advantage to his enemies he desired the Apostolick Canon to be kept which prohibiteth an accusation to be received against an Elder but under two or three Witnesses Mr. Thomas Smeton and David Ferynson were upon this directed to shew the King that the Assembly was willing and ready to try the complaint but withall that the liberty craved by the person accused could not be denied he being a Presbyter So if it should please his Majesty to send an accuser assisted by two or three witnesses the accusation should be received and justice done The King not liking this answer for he knew the difficulties he should have to find out an accuser followed the businesse no more but the Minister not contenting that the cause should thus desert would needs have the judgement of the Assembly whether or not he had uttered in his Sermon any scandalous or offensive words for they had been all Auditors of that he spake This being put to voices the Assembly declared his doctrine to have been good and sound and that he had given no just offence thereby to any person When this was told the King he was much offended for not many dayes before when as the same Minister with his Colleague Iohn Dury was called to give accompt of some speeches they had uttered in Pulpit it was excepted that the King and Councel could not be Iudges of their doctrine and now his Majesty having complained to themselves and they being Auditors of the speeches when he expected some censure to be inflicted they had justified all that was spoken and so would force him to take other courses then he desired to follow But to return to Montgomery his cause the Ministers of Striveling as they were enjoyned made a visit of the Church to try what they could find against him All they got delated was that he had baptized some children begotten in fornication not calling the offendors before his Session Upon this declaration he was cited to appear and because he kept not the Diet suspended from his function he notthelesse preached still and exercised all the parts of his Ministery as in former times which they took to be an high contempt and therefore did summon him to the Assembly which was shortly to meet at S. Andrews to hear their sentence approved and to answer to such other things as in that meeting should be laid to his charge and because they understood that against the inhibition of the last Assembly he was still labouring to secure himself in the Bishoprick of Glasgow and had cited the Chaptor before the Councel for refusing to convene to his Election they likewise charged him to compeir before the Synod of Lothian to hear the sentence of excommunication pronounced against him The King being informed of this caused warn the Synod to appear the twelfth of April at Striveling discharging in the mean time all proceeding in the businesse Mr. Robert Pont and with him a few others compeiring at the day he in the name of the rest protested That albeit they had compeired to testify their obedience to his Majesty yet he did not acknowledge his Majesty and Councel Iudges in that matter the same being a cause Ecclesiastick and that nothing done at that time should prejudge the liberties of the Church and Lawes of the Realm This protestation the Councel rejected inhibiting the Ministers to use any proceeding against Montgomery which because of the General Assemblies approaching they yielded unto onely they caused charge him to appear before the Assembly When the Diet came he appeared and first protesting for remedy if they should use him wrongfully he said that the proces of Striveling could not be allowed for that he was never lawfully summoned to hear any sentence given against him The Presbytery of Striveling remitting themselves to the proces the Assembly declared the same to be rightly deduced and ratified the suspension pronounced As they were proceeding to his censure for contempt of the sentence Mr. Mark Ker then Master of the Requests presented a letter from his Majesty inhibiting them to trouble the Bishop for any thing that concerned the Bishoprick or whatsoever cause preceding for that the King would have those things heard and handled in his own presence The Assembly answered that because of his Majesties request they should look more carefully to the businesse and see all things carried rightly according to justice The Master of Requests replying that his Majesty had willed them by his letter to desist and treat no more of that businesse Mr. Andrew Melvil who presided for the time answered that they did not meddle with things belonging to the Civil power and for matters Ecclesiastick they were warranted to proceed in these specially with one of their own number He perceiving that notwithstanding of his Majesties letter they would proceed caused a messenger of Armes whom he had brought with him charge them under pain of Rebellion to desist Then was Montgomery called to see if he would abide by the charges used at his instance But he was retired to his lodging and could not be found and the night drawing on was appointed to be summoned to the next morning to receive his censure After the hour appointed one William Montgomery having procuration from him appeared and appealing from the Assembly to the King and Councel gave this for a reason amongst others that he who was his accuser in the last Assembly was turned to be his Iudge But the Assembly rejecting the Appellation fell presently a reading the enorm crimes so they called them whereof he was guilty nor was there any thing omitted that served to aggravate the same corruption in doctrine dissolutenesse of life contempt of the Churches sentence falshood and breach of promise lying perjury moving of sedition and stirring up certain of the Nobility against the Church Of all these he was declared culpable and ordained therefore to be deprived and cast forth of the Church How soon he heard that this conclusion was taken his courage which seemed before high and resolute began to cool whereupon presenting himself to the Assembly he renounced his appeal desiring conference of some godly and learned brethren which granted he was induced by them to confesse his offence in divers particulars submitting himself to the will of the Assembly and in end to promise solemnly in the presence of the whole number that he should meddle no further with the Bishoprick of Glasgow and neither accept of it nor of any other office in the Church without the advice and consent of the General Assembly Yet this
gave not an end to the business for how soon he returned to the Court and perceived the King countenance cast down upon him for that he had done he undertook of new to settle himself at Glasgow and had letters from his Majesty to the Gentlemen of those parts to assist him At his coming to Glasgow with purpose to preach the Sunday following a number of the Students in the Colledge entered into the Church on Saturday at night and excluding him did keep the Chair for Mr. Thomas Smeton their Principal who taking for his Theam that saying in the Gospel He that enters not by the door but by the window is a thief and a robber inveighed against the Bishop for his simonaical entry and the levity he had shewed in all his proceedings The next Sunday the Bishop with a great convocation of Gentlemen came to the Church and displacing the ordinary Preacher Mr. David Weymes made the Sermon himself The Presbytery of Glasgow intending proces against him for molestation of the Church and usurping the place of the ordinary Preacher Matthew Stewart of Minto Provost of the City came and presented a Warrant from the King to stay all proceedings against the Bishop willing them to desist Mr. Iohn Howeson Minister of Cambustange moderating in his course as the custome then was and replying somewhat peremptorily that notwithstanding his Warrant they would proceed some words of offence passed whereupon the Provost pulling him from the Seat made him prisoner in the Tolbuith The rumour of this fact ran quickly through the Kingdom and a solemn fast being kept by the appointment of the former Assembly the causes whereof were made to be the abundance of sin the oppression of the Church the dilapidation of the rents and the danger wherein the King stood by the company of wicked persons who did seek to corrupt him in manners and Religion the insolency committed at Glasgow was likewise adjected and furnished matter of long discourse to the Preachers Amongst others Iohn Dury did exclaime mightily against the Duke of Lennox upon whom the blame of all things was laid and thereby did so irritate the King as he would needs have him removed forth of the Town Charges to that effect were directed commanding the Magistrates within the space of 24. houres to remove him who not daring disobey yet being unwilling to use their Minister in that sort travelled with him to depart quietly and leave the Town The Minister proponing the case to the General Assembly for upon advertisement given by the Ministers of Edinburgh they were there convened desired their advice for to leave his flock at the pleasure of the Court he said might work a prejudice to the Church and to depart privately as the Magistrates advised him might be imputed to fear or then make him to be thought guilty of some fault The brethren after a short consultation did advise him to stay till he should be commanded to depart and then obey Mean while Mr. Thomas Buchannan and David Ferguson were sent to the King who was then at Striveling to intreat his Majesties favour unto him and therewith to request a continuation of the Diet for the appearing of the Ministers of Glasgow at Perth The King desiring to have matters quieted answered the last proposition first saying That if the Assembly would delay the proces which they had against the Provest of Glasgow and his assisters he would likewise dispense with the appearing of the Ministers at the appointed time And as to Iohn Dury he said that upon his suppliâ—ation how soon the Duke returned to Court whose interesse was greatest in that business order should be taken with him and consideration had of the Assemblies request But they not satisfied herewith striving to make good what they had taken in hand went on with the proces of Glasgow and leading probation against Minto and the rest decerned them to be excommunicated and cast forth of the society of the Church onely the pronouncing of the sentence was delayed till they saw what course was kept with their brethren before the Councel Mr. Iohn Davidson then Minister at Liberton pretending a warrant from the Church had in his private Parish pronounced Bishop Montgomery excommunicate which albeit done against all form was allowed and intimated in all the Churches of the countrey The Duke of Lennox notwithstanding did still entertain him in his company and at some occasions had made him to preach publickly Thereupon Mr. Alexander Archbuthnet and Mr. Adam Iohnston were directed by the Assembly to intimate unto the Duke his excommunication and the Acts of the Church against such as kept excommunicate persons in their company The Duke taking them up somewhat hotly asked them Whether the King or the Church were superiours and thereafter answered them directly That he was commanded by the King and Councel to entertain him which he would not forbear to do for any fear he had of their censures This amongst other grievances of the Church was ordained to be represented to his Majesty by the Commissioners appointed to attend the Councel at Perth But touching this the King answered That the excommunication was null and declared such by the Councel as being pronounced against equity and all lawful form no citation being used nor any admonition preceding which all lawes and even their own discipline appointed to be observed To their other grievances they received general answers and for the brethren of Glasgow their trial was continued to the tenth of September next Before which time the surprise of the Kings person at Ruthven fell out which altered the state of all affairs some of the Nobility combining themselves for defence of Religion and the liberty of the Kingdom as they pretended upon notice of the Duke of Arrans absence from the Court placed themselves about the King and detained him some dayes at the house of Ruthven The principals in this attempt were Iohn Earl of Marre William Earl of Gowry Patrick Lord Lindesay Robert Lord Boyd the Masters of Glammis and Oliphant the Abbots of Dunfermlin Paisley Driburgh and Cambush keneth the Lairds of Lochlevin Easter Weemes Cleish and the Constable of Dundy The King at their first coming suspected there was some practise in hand yet dissembled the matter thinking to free himself the next day when he went abroad to his sport but as he was about to go the Master of Glammit stept to the dore of the Parlour and told him he must stay The King askt the reason he answered he should know it shortly When he saw it to be so and found his liberty restrained he grew into a passion and after some threatening speeches burst forth in tears The Master seeing him weep said It is no matter of his tears better that bairnes should weep then bearded men which words entered so deeply into the Kings heart as he did never forget them The newes went quickly of the
flock that was charged to apprehend them in case of condemning these Acts which they could not do and that after a long wrestling they had resolved to depart and reserve themselves to better times which they were assured was the pleasure of God and that he would make the world understand that he had his own work in it In end beseeching them to stand to these things which they had heard from them and imbraced as the truth of God they forewarned them of wolves that should intrude themselves teachers that sought themselves and not Christ Iesus which often they had foretold the contempt of the truth would work And concluded with an hope that they should sustain the present Crosse patiently and be united to them again in God his good time The King hearing of this letter sent for the same and offending greatly thereat would have the Session and Councel to answer them in this form We have received and read your letter for the which offence we have humbly craved his Majesties pardon and not only obtained the same but have likewise purchased liberty to write unto you this present wherein we use you more charitably then ye have used us remitting to learned men and your own consciences to shew you seeing you are not blinded with ignorance nor lack learning at the least some of you how farre ye have strayed from the right way in your letter lately sent to us unreverently affirming his Highnesse Acts of Parliament to be repugnant to the word of God we tell you that the same do fully content and satisfy us seeing we can find no part of Scripture that is contrary thereto And sith we see by the first Act the liberty of preaching the Word as the same is presently professed and ministration of the Sacraments ratified and allowed and that we know there are wise men and fearing God amongst the Estates who concluded these Acts we are râ—solved to follow the Apostles counsel in Rom. 13. whereunto you did seldom exhort us And now in respect you have so contemptuously slandered these good and necessary lawes established by his Majesty and the Estates and laboured so farre as you can to draw men unto dislike thereof fled out of the Realm unchallenged and unpursued and thereby have not only declared your selves guilty but also misbehaved your selves to us your late flock first in leaving us without our knowledge against your duty and the conditions made unto us next in drawing upon us his Majesties suspicion that we foreknew your departure which of new ye have confirmed by sending a letter to us you being his Majesties Rebels and fugitives In respect we say of all the foresaid causes we by these presents discharge our selves unto you esteeming our selves no longer your flock nor you any more our Pastors and thanking God the revealer of secrets that he hath made you manifest to your shame and relieved us of wolves instead of Pastors Thus hoping his Majesty will provide us of good and quieter spirited Ministers we commit you to Gods mercy who may give you to repent of your foresaid offences This letter sent to the Councel and Session of the Church to be subscribed made a great businesse the Town fearing to displease the King and to discharge with their Ministers in such a form laying upon them the reproaches of Fugitives Rebels Wolves and the rest they thought would be ill taken of all good men yet after much ado sixteen of the principals put their hands unto it and so was it dispatcht The Ministers having received and read the letter were mightily grieved especially Mr. Iames Lawson who had taken greatly to heart the troubles of the Church and the advertisements which were given him of the successe of matters at home and now perceiving by this letter that some who professed themselves very forward in the cause had turned their backs upon it he fell in a great sorrow and thereby contracted a sicknesse whereof he died at London in October following A man he was of good learning and judgment of a pious and peaceable disposition but carried too much with the idle rumours of the people After his course of studies passed in the University of S. Andrews he was imployed by the Countesse of Crawford a Noble Lady to attend her three sonnes whom she sent to France and upon their return to shew his gratitude unto the School wherein he was educated gave himself to read the Hebrew tongue to some youths in the same University from thence he was called to be Principal in the old Colledge of Aberdene and after three years profitably spent in that place was brought as we shewed before to Edinburgh where he continued Preacher the space of 12. years in great esteem and reputation untill these unhappy times which bereft his Church and countrey of him and his labours He died in the 46. year of his age and was buried in the new Church yard of London at the side of Mr. Dearing a famous Preacher in that Church His death bringeth to mind other two learned men in this Church Mr. Alexander Arbuthnet and Mr. Thomas Smeton the one Principal of Aberdene and the other of Glasgow Colledge who in the end of the last year nigh about the same time departed this life to the great losse both of the countrey and Church The first a Gentleman born of the house of Arbuthnet in Mernis being trained up in the study of letters and having the course of Philosophy in the same Colledge with Mr. Lawson went to France at the age of twenty three years there applying himself to the laws he lived five years an Auditor of that great Doctor Cuiacius and being made licenciate returned to Scotland in the year one thousand five hundred three score and six of purpose to follow that calling but God otherwise disposing in the year 1569. he was made Principal of the Colledge of Aberdene where by his diligent teaching dexterous government he not only revived the study of good letters but gained many from the superstitions whereunto they were given He was greatly loved of all men hated of none and in such account for his moderation with the chief men of these parts that without his advice they could almost do nothing which put him in a great fasherce whereof he did often complain Pleasant and jocund in conversation and in all sciences expert a good Poet Mathematician Philosopher Theologue Lawyer and in medicine skilful so as in every subject he could promptly discourse and to good purpose he died in the 45. year of his age much lamented and was buried in the Colledge Church at Aberdene the 20. of October 1583. Within some few dayes he was followed by Mr. Thomas Smeton this man born in Gaske a little Village not farre from Perth studied Philosophy in S. Salvators Colledge at S. Andrewes under Mr. William Cranston at that time Provost of the House by whose perswasion he went beyond
Sea and after he had remained a while at Paris took journey to Rome where entering the society of the Iesuits he abode three years Thereafter coming home for some private businesse when he had setled the same he returned to Paris and kept still in that Society in the year 1571. Thomas Metellan travelling through France into Italy did request his company in that journey whereunto he yielded and went with him to Italy but the Gentleman contracting sicknesse by the way and dying he returned by Geneva and was there confirmed in the Religion to which a little before he was inclining when he went to Paris after he had revealed himself to some Principals of the Society he forsook their profession and was in danger to have been killed at the Massacre which fell out at the same time but by the favour of Sir Thomas Walsingham the English Ambassador he was saved and came in his company to England Five years he remained at Colchester in Essex teaching some youths of the countrey and in the year 1578. returned into Stotland In the year 1580. upon the remove of Mr. Andrew Melvil to the new Colledge of S. Andrewes he was chosen Principal of the Colledge of Glasgow and taught the controversies there some three yeares with great profit he was a man learned in the languages and well seen in ancient Fathers the reading of whose works he did ever seriously recommend to the youth The answer he penned in defence of this Church against Mr. Archibald Hamilton and other dictates which are yet in the hands of his disciples do shew his worth and the losse this Church received by his death he deceased at Glasgow the 6. of December 1583. in the 47. year of his age and was buried in the Cathedral Church These deaths falling so quick one after another were taken to be a presage of great troubles in the Church nor was it long before these sturres happened of which we have spoken All this Summer the same continued the Ministers being daily called before the Councel and a great businesse made of their subscription to certain Articles which concerned their obedience to the Bishops they who refused had their stipends sequestrated which caused a great outcrying amongst the people and made the Rebels to be more favoured The King to rid himself of these vexations did call the principal Ministers and having shewed that all his desire was to have the Church peaceably governed and a decent policy established he willed them to set down in writing the Reasons which moved them to refuse subscription that he might consider the same and satisfy their doubts They choosing rather to propound the same by word of mouth were after some conference induced to set their hands to the Articles this clause being added agreeing with the word of God Yet new occasions of trouble were still breaking forth upon information that Mr. Nicoll Dalgleish Minister at S. Cuthberts did in his publick prayers remember the exiled brethren he was called before the Councel and accused for praying for the Kings Rebels as also for keeping intelligence with them by letters The Minister confessed his praying for the brethren maintaining the same to be lawful but the intelligence he denied only granted that he had seen a letter written by Mr. Walter Balcanquel to his wife wherein he was kindly remembred The King offended with his answers commanded the Advocate to pursue him criminally which was done the next day At his appearing before the Justice when he heard the indictment he said That he ought not to be questioned for one and the same fact before two Iudicatories and that having answered these points before the Councel he should not be put again to it The Advocate replying that the Councels proceeding could not stay the criminal Judge he was commanded to answer and to do it advisedly seeing it concerned his life If I must answer said he I do not think that I have offended in praying for my brethren who are in trouble and for the letter I saw if the concealing thereof be a fault I submit my self to his Majesties will The Jury proceeding declared him guilty of treason yet the sentence was continued and he sent to the Tolbuith where he remained some moneths and in end upon his supplication was pardoned and put to liberty In the same Court David Home of Argathy with Patrick Home his brother were condemned to die for keeping intelligence with the Commendatory of Driburgh and in the afternoon executed Yet was it no matter of State but some private accounts that rested undischarged at his parting forth of the Countrey wherein they had interchanged one or two letters This severity was universally disliked but that which shortly after ensued was much more hateful To breed a terrour in people and cause them abstain from communicating in any sort with the exiled Lords a Proclamation was made That whosoever should discover any person offending in that kind should besides his own pardon receive a special reward Hereupon did one Robert Hamilton of Eglismachan delate Malcolm Douglas of Mains and Iohn Cunningham of Drumwhasill for having conspired to intercept the King at hunting and detain him in some strong hold till the Lords might come and receive him A meer forgery yet gladly hearkened unto by those that desired to be rid of them for they were both Gentlemen of good respect and mistrusted of the Court Mains especially because of his valour and manhood To make out the accusation it was devised that Sir Iames Edmonston of Duntraith who had lived in great familiarity with them should be charged with the said crime and upon his confession to be pardoned which by the policy of the accuser to his own perpetual discredit he was menaced to yield unto Matters thus dressed Colonel William Stewart was sent to apprehend them who finding them in their own houses did without any resistance bring them prisoners to Edinburgh The ninth of February they were presented before the Justice Mr. Iohn Ghrame sitting as Deputy and Mr. Edward Bicace as Assessor beginning made with Duntraith he was indicted for conspiring with Mains and Drumwhasill the accuser Hamilton and others for taking and detaining the King in the manner aforesaid which was said to be plotted by the Earl of Angus and imparted to him and the rest on pannel by Iohn Home commonly called black Iohn he without making any defence confessed all betaking him to the Kings mercy Drumwhasill accused of the same conspiracy and of consulting with Duntraith thereupon at the Churches of Strablen and Killern was further charged with the treasonable attempt of Ruâ—hven whereof he had been partaker What he answered I find not in the process but when Mains his indictment was read he denied all and so cleared himself by the unlikelyhood and their impossibility to compasse a businesse of that importance to all that were present as in their hearts they did pronounce him innocent
forces in parts remote from the Realm of Scotland the King upon signification made unto him by the Queen of England should furnish 2000 horsemen and 5000 footmen or a lesser number as it shall please the said Queen to require and should cause them be conducted from the borders of Scotland into any part of the Kingdom of England upon the charges of the said Queen And in case the said Realm of Scotland be invaded in any part remote from the borders of England by any forain force the Queen of England upon requisition made to her by the King should furnish 3000 horsemen and 6000 footmen or a lesser number at the option of the said King and shall cause them to be conducted to any part of the Realm of Scotland upon the Kings charges 6. That in case the invasion should be upon the North parts of the Realm of England within 60 miles of the borders of Scotland the King being required by the Queen should gather all the forces he could make and joyn with the English power for pursuing the said invaders and keep them together for the space of thirty days or so much longer if it be required as the subjects of Scotland are usually accustomed to stay in the fields for the defence of their own Kingdom 7. That upon any invasion or trouble arising in the Realm of Ireland the King upon notice given to him thereof should not only inhibit the repair thither of any of the inhabitants of Argile Isles and places adjacent or any other parts of his dominions but also if it shall happen them or any of them to go into Ireland with a number extraordinary and in hostile manner the King upon signification of the same should denonnce them his Rebels and pursue them as Traitors 8. That neither of their Majesties should hereafter aid supply assist or entertain the Rebels or adversaries of the other nor permit them to reside either privately or publickly in any part of their dominions but upon the first requisition of the Prince to whom they are Rebels they should undelayedly be delivered according to the old leagues and treaties or then expulsed forth of their dominions and redresse made for any injuries they should happen to commit during their abode in the same 9. That all controversies about matters of borders or wrongs committed in the Marches since the time of the Kings accepting the government in his own person and by the space of four years preceding should be friendly determined and satisfied at the sight of Commissioners to be appointed on both sides who should meet at the within six moneths after the date of the presents and decide thereupon 10. That neither of their Majesties should enter into any league or treaty without the consent of the other by letters signed with their hands under their privy signet with any other Prince or State whatsoever to the prejudice of the present Treaty 11. That all former treaties betwixt their Majesties progenitors and both Realms notwithstanding any discontinuance thereof should stand in full force so farre as they should not be found derogatory to the present treaty and that this treaty should not infringe any league made by either of their Majesties or their progenitors with other their friends and confederates in any time by-gone the cause of Religion onely excepted wherein the present league is declared to be offensive and defensive 12. That both their Majesties should confirm the league by their oathes and great Seals which should be interchanged and mutually delivered to others 13. Lastly that the King at his coming to the perfect age of 25. years should cause the present league to be ratified by the States of the Kingdome like as the Queen at the same time should cause it to be confirmed in her Parliament of England These were the Articles of the league concluded at Berwick and signed by Francis Earl Bothwel Robert Lord Boyd and Sir Iames Home of Coldinknowes Commissioners for the King As likewise by Edward Earl of Rutland William Lord Evers and Sir Thomas Randolph Commissioners for the Queen of England It was believed that this amity contracted with such deliberation should have continued firm for besides the publick league the Queen had sent to the King a letter under her own hand wherein she did faithfully promise to suffer nothing to be done that might derogate or prejudge his right and title to the Crown of England And for a further demonstration of her kindnesse had presented him with a gift of annuity answerable to the lands possessed by the Lady Lennox in her time which the King by divers Ambassadours had formerly required as due to him Yet a few moneths after brake out a businesse that put them in worse terms then before and was with no small difficulty pacified the story whereof shall next be related The Queen of Scots being touched in the trial of Babingtons conspiracy as having interchanged divers letters with him a consultation was kept concerning her and what was fittest to be done for they considered that all the conspiracies made against the Queen of England being chiefly intended in hope of the Scottish Queen her succession so long as she lived their Soveraign should never be secured and that therefore the surest course was to put her out of the way But how this should be done the opinions were different The Earl of Leicester advising to dispatch her secretly by poyson Secretary Walsingham did mightily oppose it as that which would draw upon the Queen both danger and dishonour and besides in it self was a thing injust and no better then a cruel murther Wherefore his opinion was that the course of Law should be kept and Commission given for making her process and as the trial should prove for giving sentence and judgement This opinion prevailing certain Noblemen Counsellours and Judges were chosen for the businesse who meeting at the Castle of Fotheringham where the Queen of Scots was kept the eleventh of October and calling her before them did charge her with the said conspiracy and entercourse of letters She refusing to answer and be tried as a subject being her self an absolute Queen they notthelesse went on and finding her guilty pronounced the sentence of death which was shortly thereafter confirmed by the Estates of Parliament and a supplication therewith delivered to the Queen for putting their decree in execution How soon the King was advertised hereof he sent William Keith Gentleman of his chamber to the Queen with a letter to this effect That howbeit it seemed strange to him that the Nobility and Counsellors of England should take upon them to give sentence upon a Queen of Scotland and one descended of the Royal blood of England yet he would think it much more strange if she should stain her hands with the blood of his mother who was of the same Royal condition with her self and of the same sexe which as he could not believe would enter
into her heart to do so if it should be he desired her to consider how much it touched him in honour that was both a King and a sonne to suffer his mother an absolute Prince to be put to an infamous death No answer being returned to this upon new advertisement that the Queen was like to be drawn by the importunity of her Estates to give way to the execution he wrote to William Keith more sharply requiring him to shew the Queen how unjust he held that proceeding against his mother and that it did neither agree with the will of God who prohibiteth to touch his anointed ones nor with the law of Nations That an absolute Prince should be sentenced and judged by subjects and if she would be the first to give that pernicious example of profaning her own and other Princes Diadems to remember her that both in respect of nature and honour it concerned him to be revenged of so great an indignity which if he should not do he should peril his credit both at home and abroad and therefore willed him for to labour for a delay untill he should send an Ambassadour with overtures that might content and satisfy her Majesty For by a letter sent from Mr. Archibald Douglas that stayed as Leiger in England he found him not well disposed in the businesse and thereupon resolved to employ a more honourable person and one of greater trust William Keith having intreated the Queen for a delay when as he could not obtain the same did shew her the direction he had received from the King at which she grew into such a passion that if Leicester and others of the Councel who stood by had not pacified her saying that the King did only request that his mother might be well used which was a thing natural and in him an honourable part and that some ill affected persons possibly had stirred him up to write so sharply she had simply refused him any more hearing But after she had calmed a little she said That she would give no answer in anger and would think of it to the next morning At which time calling him again she said That no precipitation should be used and if any did come from the King within a few days she would stay all proceeding to that time and be glad to hear such overtures as might save the Queen of Scots life and assure her own The King advertised of this and conceiving some hope that matters would draw to an agreement wrote of new to the Queen and shewed he was sorry to understand that his letter sent to William Keith had been construed as if he did threaten her and her Estates whereas his purpose was only to inform her of the rumours going in the countrey and how much his subjects were moved at these forms of proceeding with their Queen That for himself he knew well enough how hardly she was pressed by objecting unto her the perill of her own life and that he never blamed her directly for any thing that was done Therefore prayed her to accompt him her most honest and stedfast friend since he never had nor should deserve any other at her hand and that for his sake she would continue any proceeding against his mother till his overtures should be heard which the Master of Gray should bring with him who was to take journey on the Saterday following This letter was speedily carried to the Queen which gave her some content for thereby she perceived the rumours to be vain which were dispersed that he was minded to break the league and denounce warre The King in the mean time having convocated the Estates and imparted to them the case wherein his mother stood had very liberal promises given him and a present supply of money granted for dispatch of his Ambassadour And being advised by the Estates to joyn Sir Robert Melvil in Commission with the Master of Gray as one that had served his mother long and was truly affected unto her the Commission was given to them both and they put in equal trust So parting from Halirudhouse the 20th of December they came to London the penult of the moneth The next day Master Archtbald Douglas being sent to desire audience the same was refused upon information that they had been with Monsieur Bellieur the French Ambassadour who was imployed in the same errand and had parted from the Queen in wrath yet the contrary being shewed and that they refused to make any visit till they had prefence of her Majesty they had accesse granted the first of Ianuary At her first meeting she quarrelled the letter sent to William Keith asking if they were sent with the like threats They answering that his Majesties letter might receive a good construction and that he had interpreted himself by another directed since that time to her Majesties self she brake forth into these speeches I am unmeasurably sorry that there can be no means found to save the life of your Kings mother and assure mine own I have laboured to conserve the life of us both but now I see it cannot be done The Ambassadour replied that the case was nothing so desperate and that means would be found to put her Majesty in assurance yet because they perceived her to be somewhat commoved they did not think meet to enter at that time more deeply in the businesse At their second audience which was on the tenth day the Queen begun with them in this sort A thing long looked for should be good when it cometh I would now hear what are your Kings offers The Master as having the first place answered no man makes offer but for some cause If it like your Majesty we desire to know if the person be extant for whom we offer for the rumour went constantly that the execution was past As yet said the Queen I think she be but will not promise an hour Nay said the Master we come not to shift but to offer from our Soveraign whatsoever in reason can be required specially that he shall interpose his credit in behalf of his mother and give the chief of his Nobility for pledges that no plot nor practise should be contrived against your Majesty with her knowledge or privity or if that be not sufficient and that it shall please your Majesty to set her at liberty and send her into Scotland a course shall be taken for securing your Majesty from all such attempts by her occasion The Queen calling the Earl of Leicester with the Lords Admiral and Chamberlain who were nigh by repeated in their hearing these offers setting them all at nought whereupon the Master took occasion to ask What should move any man to attempt against her Majesty for the Queen of Scots Because said the Queen they think she shall succeed to me and that she is a Papist And if these means shall be taken away said the Master apparently the danger will cease This
sayes the Queen I would be glad to understand If her right succession to England shall be made over in our Soveraigns person said he Papists will have no more hope and this I think the Queen his mother will dimit and resign to him But she hath no right said the Queen for she is declared incapable of succession And if she have no right said the Master the hope of Papists ceaseth and it is not to be feared that they will enterprise for her But the Papists said the Queen do not allow our Declaration Then let it fall said he in the Kings person by her resignation The Earl of Leicester obâ—ecting that she was a prisoner and could not dimit the Master answered That the dimission being made to her son with the advice of all the friends in Europe in case as God forbid the Queen by any attempt should be cut off she would have none to partake with her against her son all the princes her friends standing obliged for her resignation that it should be valid and effectual to her son The Queen making as though she did not understand him the Earl of Leicester said that the Ambassadours meaning was that the king should be in his Mothers place Is it so sayes the Queen then I put my self in worse case before By Gods passion this was her oath that were to cut mine own throat he shall never come in that place and be party to me The Master answered that he would be more party if he should come in his Mothers place through her death Well said the Queen tell your King what I have done for him to keep the Crown on his head since he was born and that for my part I mind to keep the league that stands betwixt us which if he break it shall be a double fault And with these words she made away Sir Robert Melvil following her requested for some eight days continuance of the execution whereunto she answered Not an hour The King advertised of this conference and that nothing but extremity was to be expected wrote with his own hand to the Master of Gray as followeth Reserve your self no longer in your dealing for my mother for you have done it too long and think not that any thing will do good if her life be lost for then adicu with further dealing with that State Therefore if you look for the continuance of my favour spare no pains nor plainnesse in this case but read my letter written to William Keith and conform your self wholly to the contents thereof and in this let me reap the fruits of your great credit there either now or never Farewell But before this letter came unto the Master he was drawn upon another course and made more cold in the businesse and as the fame went had taken upon him to pacify the King though the execution proceeded Mean while the Earl of Leicester wrote to the King a letter wherein not obscurely shewing what was resolved he advised him to deal more moderately in that matter of his mother her cause not being worth the losing of such a friend as the Queen his Soveraign was For albeit no man said he can blame your Majesty to speak for the safety of your mothers life yet under your favour your Majesty being a Prince and a King you ought to weigh without partiality the case of other Kings and Princes as if it might be your own Iustice should in the bosome of all Princes have such place that whatsoever affection may draw them if the thing which any of them doth for the preservation of their own life and estate be warranted it ought to be borne withall by others And proceeding in this manner he said Let the case of the Queen my Soveraign be made your Majesties and that any King or Prince being in your hands claiming title to your Crown would raise warre within your Realm against you or conspire with traitors within your Court or countrey to kill you in that case I would fain know what would be thought fit by any faithful or good subject of yours that you should do to such a one Nay give me leave I humbly beseech you to ask even of your self what you would think fit in such a case there is no other difference but that this offence is done to the Queen Majesty by your mother And after that a little for the letter is long If my plain speech may be without offence to your Majesty I would wish you to think well of this case remember how near it is to you and how much nearer it may be to you it is seen to all the world wherefore the life of our Mistris is sought whose death may be as farre out of your way as your mothers liberty hath heretofore been dangerous to your estate And if it be true which I have heard your Majesties self by her will had as well been dispossessed of the possession of that you have as defeated of any remainder you thought to have interest in And therefore as Kings be and ought to be jealous of their own estate so I doubt not but your Majesty will deeply consider of this case of your mothers wherein you may perform both the Office of a Son and of a King And as I have always advised you so do I still except for a just cause which I am perswaded you shall never have give not her Majesty any cause to conceive a breach of love and friendship on your part She is the person and Prince in the world that may do you most good or most harm let no perswasion or device make you think otherwise the world is full of practise and the worst heads most busy c. At the same time Secretary Walsingham writing to the Lord Thirlstan the Kings Secretary with whom he kept intelligence declared that it was wondred by all wise and religious men in England that the King should be so earnest in the cause of his mother seeing all the Papists in Europe that affected the change of Religion in both Realms did build their hopes altogether upon her and that she had shewed her self so passionate in point of Religion as she had transferred her pretended right to both the Crowns untothe King of Spain in case the King her son should persist in his profession It is true that such informations were given out amongst the Papists to divert the King from constancy in his profession but that any such tranflation was made by her it is not probable and a thing not to be believed her Declaration at the time of her death being far other as we shall hear Albeit a Popish Abbot descriving the life of Laurens the Cardinal who was at that time Protector of the Scottish Nation affirmeth the foresaid translation to have been in his hands and to have been delivered to him by Count Olivarez the Spanish Ambassadour at Rome But that doth merit little credit such forged titles would
to flee into England where after 19. years captivity she was put to death in the manner yon have heard Nigh unto her Sepulchre at Peterburrow was affixed at the time by some friend that bewayled her death this inscription MARIA Scotorum Regina Regis filia Regis Gallorum vidua Regina Angliae agnata haeres proxima virtutibus Regiis animo Regio ornata jure regio frustra saepius implorato barbara tyrannica â—rudelitate ornamentum nostri seculi lumen vere regium extinguitur eodémque nefario judicio MARIA Scotorum Regina morte naturali omnes superstites Reges plebeii facti morte mulctantur hîc extat Cum sacris enim vivae MARIAE cineribus omnium Regum atque Principum violatam atque prostratam Majestatem hîc jacere scito quia tacitum regale satis superque Reges sui officit monet plura non addo viator That is MARY Queen of Scotland daughter of a King Widow of the King of France kinswoman and next heir to the Queen of England adorned with royal vertues and a Princely spirit having often but in vain implored to have the right due to a Prince done unto her the ornament of our age and mirrour of Princes by a barbarous and tyrannical cruelty is cut off And by one and the same infamous judgement both MARY Queen of Scotland is punished with death and all Kings living are made liable to the same A strange and uncouth kind of grave this is wherein the living are included with the dead for with the Ashes of this blessed MARY thou shalt know that the Majesty of all Kings and Princes lies here depressed and violated But because the regal secret doth admonish all Kings of their duty Travellour I will say no more The Authour was not known nor could be found out so it was taken away But as soon as it was told the Queen that the execution was done she grieved exceedingly and put on a mourning habit laying all the fault upon Secretary Davison to whom she had said that she would take another way Mean while she sent Mr. Robert Cary one of the Lord Hunsdons sons to the King with this letter of her own hand-writing My dear brother I would you knew though not felt the extreme dolour that overwhelmeth my mind for that miserable accident which farre contrary to my meaning hath befalne I have sent this kinsman of mine whom ere now it hath pleased you to favour to instract you truly of that which is too irksome for my pen to tell you I beseech you that as God and many no know how innocent I am in this case so you will believe me that if I had done it I would have abode by it I am not so base minded that the fear of any living creature should make me afraid to do what is just or done to deny the same I am not so degenerate nor carry so vile a mind but as not to disguise fits most a King so will I never dissemble my actions but cause them shâ—w as I mean them This assure your self for me that as I know it was deserved if I had meant it I would never over anothers shoulders and to impute to my self that which I did not so much as think of I will not The circumstâ—nces you will be pleased to hear of this bearer And for my part think you have not in the world a more loving kinswoman and more dear friend nor any thaâ— will watch more carefully to preserve you and your state And if any would otherwise perswade you think they bear more good will to others then to you Thus in haste I leave to trouble you beseeching God to send you a long Reign Your most assured loving Sister and Cousen ELIZABETH R. The King denying him presence and refusing to receive his Letters he advertised the Queen who willed him if he could not find accesse to his Majesty to deliver his Message and Letters to some of the Councel if it should be the Kings pleasure to take information from them This after the delay of a few days was yeâ—ded unto and with the Letters a writing delivered to be shewed his Majesty of this Tenour WHereas the Queens Majesty my Mistris desiring to have your Majesty certified aright of the death of the Queen your mother and in what sort the same was done hath commanded me since I am denied your presence to declare my message to certain of your Councel I have thought best to put it in writing because words may be mistaken and my charge this way better performed First she commanded me to assure your Majesty that it never entered in her thought to put the Queen your moâ—her to death notwithstanding the daily pâ—â—swasions of her Councel thâ—supplications of the Nobility Knights and Gentlemen and the hourely outcries of her poor people and commonalty wherewith she was wearied and out of measure grieved to see their determination fixed that way And that upon advertisements coming every day unto her of th preparation of ships and men both in France and Spain to invade her Realm and reports â—f the breaking open of Fotheringham Castle and the Queen your mothers escape lest she should in any such extremity be unprovided she had signed a Warrant to her Councel for doing what they thought best with your mother which warrant she delivered to her Secretary Mr. Davison to be kept not intending it should be given out of his hands except some invasion from abroad or insurrection of Rebels at home were made to procure her liberty But her Secretary otherwise then she had purposed having shewed the Warrant to two or three of the Councel they called the whole number together and presently sent a mandate for her execution which was done she protests to God before she knew of it Hereupon the Secretary is committed and will not escape her high displeasure This is the effect of my message which if I could expresse so lively as I did hear her utter it with a heavy heart and sorrowful countenance I think your Majesty would rather pity the grief which she endureth then in any sort blame her for the fact whereunto she never gave consent This Declaration gave the King no content for he could not think that her Councel would have presumed without her own knowledge to take the life of his mother and for the censure of the Secretary he did esteem it but a mockery and not a repairing of the wrong he had received Neither wanted he persons about him to sharpen him to take revâ—nge Some out of a desire to have all things troubled others out of the hatred they bare to Religion and some truly resenting the injury as done to the whole nation Which when the Queen understood and that her messenger was returned without audience she laboured by her Ministers of whom she was ever well furnished to pacifie his mind and divert him from
Ward and submit themselves to the punishment his Majesty should be pleased to impose The Chancellor made the like intercession for Bothwell but for Arroll none did speak After the King had thought a little of it he was content they should enter and present themselves to the Justice but would give no condition For this effect the 24. of May was assigned at the day Mr. Edward Bruce Mr. William Oliphant and Mr. Iames Wardlaw sitting Judges in the criminal Court by Commission the three Earls compiered Of Noblemen and others charged to passe upon their Assise there were present the Lord Hamilton the Earls of Angus Morton Atholl Marre and Marshall the Lords Seaton Somervill Dingwell and Cathcart the Lairds of Pittarrow Closburn Lagg and the Constable of Dundy These taking oath as the manner is the indictment was read which consisted of seven or eight points First they were charged with practising with Jesuits seminary Priests and other strangers against Religion receiving of Spanish gold and hiring souldiers therewith to disturb the quiet of the Realm 2. That they had entered in bond and confederacy with the Earls of Arroll Montrosse and others contrary to the Lawes kept Conventicles and treasonably surprised the Town of Perth of purpose to have fortified the same against his Majesty 3. That they had conspired to take the King prisoner at Halyrudhouse and kill his servants and Counsellours especially Sir Iohn Maitland of Thirlstane Chancellor 4. That they had besieged the house of Kirkhill put fire to the same and forced the Master of Glammis Thesaurer to render himself captive 5. That they had convocated the subjects by open Proclamation and given out that the King was detained prisoner against his will 6. That they came with displayed banners to the Bridge of Dee of mind to invade the King whom they knew to be upon an expedition to the North parts 7. That they had taken the Kings Herauld at Arms in the City of Aberdene spoyled him of his Coat and Letters when he was about to proclaim them The 8. and last concerned Bothwell particularly who besides the rest was charged to have hired souldiers as well strangers as men within the countrey entertaining them in Dalkeith and threatning to invade the town of Leth at his Majesties being in the North. Bothwell confessing that he had waged souldiers and entered in bonds with other Noblemen did therefore put himself in his Majesties will the rest of the points he denied remitting himself to the trial of his Peers Crawford confessed that he was in the fields at the taking of Kirkhill and with the Earl of Huntley in Aberdene but denied the other points Huntley come in will for the whole The Assise removing by themselves found Bothwell guilty of the enterprise at the quarrel holes besides that which he confessed They filed Crawford of surprising the Town of Perth and coming in Arms to the Bridge of Dee Huntley by his own confession was found guilty in all The sentence upon the Kings Warrant was suspended and they committed to divers places Bothwell in Tantallon Crawford in Blacknesse and Huntley in the Castle of Edinburgh In Iune following the Assembly of the Church convened at Edinburgh where the King giving his presence after he had spoken a little of his good affection towards the Church shewed that he was come to desire Mr. Patrick Galloway to be appointed one of his Ministers the Assembly by the mouth of their Moderator rendring his Majesty humble thanks for the beginnings he had made in suppressing the enemies of Religion did intreat him to prosecute the businesse and made offer of their humble service and assistance to the uttermost of their power As to that which he desired they acknowledged that his Majesty might command any Minister wheresoever he served to attend himself and his Court and so ordained Mr. Patrick Galloway to leave his charge at Perth and wait upon the King It was a good beginning and this gave no small content to all well disposed men But things continued not long in that case for before that meeting took an end a fresh offence was given The year preceding the King having contracted his Cousen the Duke of Lennox his sister to the Earl of Huntley had caused the Bishop of S. Andrews celebrate the marriage at which the Ministers of Edinburgh taking exception they complained of the same in a preceding Assembly and had obtained a Commission to the Presbytery for calling and censuring the Bishop according to the Acts of the Church Whether the Bishop would not ackowledge them for Judges or that he esteemed his Majesties command a Warrant sufficient for what he had done whilest as he neglected their proceedings they pronounce him deprived from all office and function in the Church and presenting the processe in this assembly the same was found formal the sentence ratified and ordained to be published in all the Churches of the Kingdome only to make the Bishop hateful and contemptible He complaineth to the King who shewed himself extremely displeased with their doings but what course he should take he was doubtful for every day he was expecting the arrival of his Queen and loved to have all things quiet and setled at her coming especially in the Church with whom it grieved him not a little to be still in question but espying no better way he resolved in end to dissemble his anger towards them and to take the imprisoned Lords in favour lest he should make himself too much businesse Thereupon he returneth to the Northâ— gives Arroll a pardon putteth Crawford to liberty and fully remits him Huntley and Bothwell he freeth from imprisonment but to hold them in awe he deferres the Declaration of his will concerning them The Lord Maxwel upon his bond not to practise against Religion under the pain of an hundred thousand pounds is likewise dimitted And in this case stood things when advertisement came that the marriage was accomplished and the Queen ready to take Sea All diligence was thereupon used to prepare for her reception and nothing left undone that was required for so great a solemnity But a second and unlookt for message cometh shortly after shewing that the Navy appointed for her conduct was driven by a tempest into Norway and that it was thought she should stay in those parts unto the spring The King taking this impatiently concludeth with himself to go thither in person and because he knew many impediments would be made if his purpose were known he giveth out that he would send the Chancellor and Justice Clerk to transport her in Scottish Vessels if the Danes would not adventure theirs in that season How soon the ships were prepared for their journey no man expecting any such matter he taketh Sea himself leaving direction to the Councel for the government of affaires during his absence with the following Declaration written all with his own hand but not seen to
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
renew the former complaints of Bothwel his resset and entertainment in the borders of England and to crave his delivery according to the league But while he was pressing that businesse in England Bothwel surprised the King at home and for a while made all these purposes to sleep so as he returned without effecting any thing The occasion and manner of the surprise was this The Chancellour who had all that year been absent from Court upon a discontent the Queen conceived against him had sent to the King a Letter requesting his licence to depart forth of the Countrey since he could not with safety attend his service for that to remain at home and live deprived of his Majesties presence he said was to him a very hell which he could hardly indure promising to return at such time as his Majesty should find convenient to recall him to his service The King did shew the letter to the Queen because in the same he had protested much of his sincere affection towards her and being loath to quite him whom he had tried to be so able a servant moved her to forget all quarrels so as he would resigne the Lordship of Mussilbrugh which had bred this dissension The resignation made and the Chancellour being on the point to return to Court the Duke of Lennox by the advice of Atholl Ochiltrie and others of the name of Stewart resolved to prevent his coming by the inbringing of Bothwell The Parliament had broke up some two dayes before and the Noblemen resorting to the Palace to take their leave of the King the Gates were kept patent and lesse heed taken of those who entred Atholl with his Lady had lodged all that time in the house then pertaining to the Earl of Gowry at the back of the Palace and kept Bothwell private with Mr. Iohn Colvill one of his followers So early in the morning the Lady pretending to bid the King farewell and making her entry through the Postern Gate taketh Bothwell and his companion along with her and bringeth them unperceived of any into the Kings bedchamber The King was then private in a retiring room and when he came back and saw them stand with their swords in their hands cried aloud Treason treason They falling on their knees called for mercy Nay said the King you have dishonoured me and placing himself in his chair Strike Traitor saith he to Bothwell and make an end of thy work for I desire not to live any longer He protesting with many oaths that he came only to beg pardon and to put himself in his Majesties will the King replyed That mercy extorted by violence was not mercy and that it was not the form of supplicants to come with weapons in their hands Whilest the King was thus talking the Earl of Marre and Sir William Keith entred into the Chamber and presently after them a number of Bothwells faction who by this time had possessed the utter Court and assumed the charge of the Gates The report of this accident going to the City the people went to armes and conducted by Sir Alexander Home their Provost made towards the Palace to give the King relief but he was then become somewhat pacified and following the Earl of Marre his advice after he had shewed himself from a window to the people and given them thanks for their readiness he willed them to return to their houses attend his advertisement All that day matters were caried fairly in a sort 〈◊〉 using speeches and offering himself to trial for the consultation which began his trouble for his other misdemeanors he desired mercy excusing himself by the want and necessity whereunto he and his friends were driven But when he perceived the Kings countenance not to be towards him as he wished he changed his forms and letting some words fall that sounded not well gave divers to suspect that he should attempt some violence This did set the English Ambassador on work who being assisted by the Ministers of Edinburgh did after long travell and much perswasion induce the King to set his hand to the Articles following 1 That remission should be granted to Bothwell his friends and partakers for all attempts against his Majesties person and authority in any time past and promise made never to call or pursue him and his foresaids for any by-past fact as likewise to repossess them in their houses and lands notwithstanding whatsoever process laid against them 2 That a Parliament should be called in November next and such an Act past in his and their favours as was made at Linlithgow Anno 1585 for their greater security 3 That during that time the King should not receive in his Company the Chancellor the Lord Home the Master of Glammis and Sir George Home knight 4 That from henceforth the Earl Bothwell his friends and followers should be esteemed as good and lawful subjects and used with much favour as if they had never offended These Articles the King did in the word of a Prince promise to perform and for Bothwells greater satisfaction after he had signed the same with his own hand caused so many of the Councell as were present together with the Magistrates and Ministers of Edinburgh subscrive as Witnesses The subscribers were the Duke of Lennox the Earl of Atholl the Lords Forbes Ochiltry Spiny and Urquhart the Master of Gray M. Iames Elphinston Mircarny the Clerk of Register Nicoll Edward Iohn Morison George Fodrick and David Williamson Baylifes of Edinburgh M. David Lindesay M. Robert Bruce M. Robert Rollock M. Walter Balcanquell and M. Patrick Galloway Ministers For Bothwell it was promised that he should leave the Court and not come towards the King till he was called by his Majesty These things were done at Halirudhouse the 14 of August 1593. some twenty days after the surprise The next day the King went to Falkland attended by the Duke of Lennox the Lord Ochiltry and Chreichton of Clany a follower of Atholl who did promise to waite upon the the King unto November and debarre those others that by the Articles were not to be admitted The rest of the moneth the King stayed at Falkland and in that time Bothwell did obtain himself purged by an Assise of practising and consulting with Witches which had been the original of his mischief In the beginning of September the King went to Striveling where he had appointed a Convention to meet for taking order with the broken men of the Highlands and borders Thither came the Lord Hamilton the Earls of Marre Morton Glencarne and Montrose with the Lords Lindesay and Levingston of the Church estate the Bishops of Dunkeld and Aberdene the Prior of Blantyre and Abbot of Lundors and divers Commissioners of Burghes After some speeches concerning the borders and Highlands and the means to quiet them which was the errand pretended the King declared that he had called them to that meeting for business that touched him
the sentence be a stay unto them considering it was done many moneths after the pronouncing of the sentence and that the absolution they should give might in the like manner be ratified at the next Assembly much lesse ought the prohibition of the Presbyterie of Edinburgh whereof his Majesty was informed be any hindrance to them seeing they were neither subject nor subordinate to them but as free in all respects as themselves And if any doubt should arise upon the form of the Earls satisfaction he was to remember them that the same is expresly defined in the Act of Parliament An. 1572 made against Apostates and other adversarâ—es of the true Religion where it is said That they which have made defection from the truth should not be received to our Soveraigne Lords mercy and favour till they have given of new the confession of their faith and promised to continue in the profession thereof all time coming and to fortifie the Preachers of the same against whatsoever enemies Last of all he was appointed to deliver them a Copie of the imprinted Questions and to desire the most discreet of their number to be sent Commissioners to the Assembly appointed at Perth with promise of speciall favour to them in all their businesse his good will towards the Ministery being no way altered by the wrong he had received from those insolent Ministers of Edinburgh This was the substance of his instructions The Ministers with the reverence that was due That for the Tumult of Edinburgh they were ignorant of the Ministers behaviour therein as likewise of their flight and having no jurisdiction over them they could give forth no judgment or censure only in the generall they would say that whosoever with just triall should be found authors of that Insurrection deserved to be punished as Traytors and if they were Ministers to be doubly punished For their subscription to the Bonds They answered That at their acception of the Ministery they had taken oath for acknowledging his Majesties power and authority and would not decline the same but where the Bond did mention speeches uttered in pulpit because the same concerned application of doctrine which his Majesty had proponed as a Question to be decided in the approaching Assembly they did humbly entreat his Majesty to spare them in that point unto that time which they promised precisely to keep For the Earl of Huntley they said His repentance should be most acceptable to them that they were content to give him conference and use all means for his resolution but they did not finde him so willing to conform as they wished nor very earnest for his absolution This was the summe of their Answer which the King did accept the better because of the hopes given to his servant of all satisfaction on their parts at the meeting of Perth which they also performed for both then and afterwards in all Assemblies and conventions they did stick fast unto him But the King being made to understand that Huntley did linger and delay to make offers for satisfying the Church he sent him the Letter following written all with his own hand My Lord I Am sure ye consider and doe remember how often I have incurred skaith and hazard for your cause therefore to be short resolve you either to satisfie the Church betwixt the day that is appointed without any more delay or else if your conscience be so kittle as it cannot permit you make for another Land betwixt and that day where ye may use freely your own conscience your Wife and Barns shall in that case enjoy your living but for your self look never to be a Scotish man again Deceive not your self to think that by lingring of time your Wife and your Allies shall ever get you better conditions And think not that I will suffer any professing a contrary Religion to dwell in this Land If you obey me in this you may once again be setled in a good estate and made able to doe me service which from my heart I would wish The rest I remit to the bearer whose directions ye shall follow if you wish your own well Farewell From Dunfermlin JAMES R. Such was the Kings care for reclaiming the Nobleman to the profession of the truth whilest people suffered themselves to be abused with rumors that he himself was declining Letters in the mean time were directed to all the Presbyteries advertising them of the meeting at Perth and desiring they should send their Commissioners thither instructed with power to treat and conclude in all matters proponed When the day came the Assembly was frequent enough but divers Commissioners bearing a power only to convene hear and report and not to question any thing concluded in former Assemblies the King sent Sir Iohn Cockborne of Ormeston Sir Iohn Preston and Mr. Edward Bruce to ask those that were convened Whether they did accompt that meeting a lawfull Generall Assembly having power sufficient to treat and conclude in the Articles that should be proponed according to his Majesties missive Letters directed to the severall Presbyteries After long reasoning answer was made That they did esteem the meeting to be a lawfull Generall Assembly called extraordinarily by his Majesties Letters and that they would hear treat and conclude of things that should be moved unto them according to the Commissions wherewith they were authorized This Answer given note they presented the Articles following Seeing the quietnesse of the Church and the freeing of the same from slander which upon the contrary effects would necessarily follow is the principall scope and end at which his Majesty aimeth in this present Assembly foreshewing fashions and long disputes whereupon controversies and debates might arise his Majesty hath thought good to remit the decision of a great number of the Questions imprinted to better opportunity and will content himself with the determination of a few that he hath made choice of which with a greater could not be longer delayed As first that it be not thought unlawfull either to the Prince or any of the Pastors at any time hereafter to move doubts and crave reformation of any points in the externall policy and discipline of the Church which are not essentiall concerning salvation nor expresly defined in Scripture providing it be done decenter in right time and place animo aedificandi non tentandi 2 That seeing the civill and politick government of the Countrey belongs properly to the Kings office and his Counsellours and it is no way pertinent to the spirituall Ministery of the Word that no Minister should thereafter meddle with matters of Estate in Pulpit or with any of his Majesties laws statutes or ordinances but if any of them seem hurtfull to Religion they should complain to the King and Councell 3 That it should not be lawfull to Ministers to name any particular mens names in Pulpit or so vively to descrive them as may be equivalent to their naming except upon the
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
into consideration how soon and in what manner it shall seem best to your Majesties excellent wisdome to inspire a new life into this languishing body the circumstances whereof are wholly to be left to your Majesty holding it enough for us humbly to acknowledge our selves your true subjects ready to obey all your commandments assuing you with all that as we have hereby as many of us as have underwritten this letter declared our recognition and humble submission to your Majâ—sties soveraign power and right so we do know by all good proofs that the minde of the rest of the Nobility and all others who are absent in their severall qualities places and charges whom the time permitted not without the prejudice of your affairs to assemble so soon as we were desirous this should be performed are wholly and absolutely with us in all zeal and duety for all things that shall be imposed upon them by your royall will and pleasure Further we have thought meet and necessary to advertise your Highness that Sir Robert Cary this morning departed from hence towards your Majesty not onely without the consent of any of us who were present at Richmond at the time of our late Soveraigns decease but also contrary to such commandement as we had power to lay upon him and to all decency and good manners and respect which he ought to so many persons of our degree whereby it may be that your Majesty hearing by a bare report onely of the death of the late Queen and not of our care and diligence in establishment of your Majesties right here in such manner as is above specified may conceive doubts of other nature then God be thanked there is cause you should which we would have clearly prevented if he had born so much respect to us as to have stayed for a common relation of our proceedings and not thought it better to anticipate the same for we would have been loath that any person of quality should have gone from hence who should not with the report of her death have been able to declare the first effects of our assured loyalties And lastly it may please your Majesty to receive this advertisement that of late there was made ready by the commandement of the Queen our Mistresse a good fleet of eight or ten of her ships well manned and furnished under the charge of Sir Richard Lawson Knight to have been employed upon the coast of Spain which employment by her decease is ceased for want of Commission to exercise the saine and now is kept together in the narrow Seas to prevent any suddain attempt against the Low Countreys and that now there is nothing either of land or sea that is not yours it may please your Majesty to signifie your pleasure concerning that Fleet and whether you will have it or any part thereof resort to your coast of Scotland where it may serve you either for the safe convoy of your person to this realm if there shall because to use it in this manner or to transport any of yours whilest you come by land or any other service In which point we humbly beseech you to make known under whose charge it shall beyour pleasure the whole Fleet or any part thereof shall come unto you And this being all that for the present doth occurre to be advertised to your Majesty by us whose mindes are occupied about the conservation of this your realm in peace as farre forth as by any power for your Majesties service onely assumed the interruption thereof may be prevented saving that we have sent a Copy of the Proclamation made here to your Majesties deputy of Ireland to be published in that kingdome we will and with our humble prayers to Almighty God that we may be so happy as speedily to enjoy the comfortable presence of your Highness royall person amongst us the onely object of that glory and those felicities which in the earth we have proponed to our selves Written in your Majesties City of London the 24 of March 1603 at ten hours of the clock at night This Letter was subscribed by Robert Leigh Mayor John Canterbury Thomas Egerton Thomas Buckhurst Nottingham Northumberland Gilbert Shrewsbury William Darby Edward Worcester Geo. Cumberland R. Suffex Henry Lincoln Pembroke Clanrickard G. Hunsdon Tho. Howard Richard London Robert Hartford John Norwich Morley Henry Cobham Thomas Laware Gray Edward Cromwell R. Riche Lumley Chandois W. Compton W. Knowlles Edward Wootton John Stanhop Raleigh John Fortescue and John Popham The King having imparted this letter to the Councell it was thought meet that the Contents thereof should be published for begetting a greater kindness betwixt the people and the two Kingdomes whereupon a Proclamation was made shewing That the Queen before her death continuing in that loving affection which she professed to his Majesty all the course of her life had declared him her only true heir and successor in the imperiall Crownes of England France and Ireland and that the Lords Spirituall and Temporall assisted by the Lord Maior of London and others of the Gentry of good quality had upon the 24 of March last proclaimed him their only liege Lord and undoubted Soveraign which being the most cleer demonstration that a people could give of their affection and a sure pledge of their future obedience ought to move all true hearted subjects to account of them no otherwise then as their brethren and friends and to forget and bury all quarrels and grounds of former dissensions That therefore none should pretend ignorance nor carry themselves in any unkind sort towards the inhabitants of England his Majesty with the advice of the Lords of Councell had ordained Proclamation to be made of the premisses assuring them that should so apply themselves of his gracious favour when occasion presented and certifying such as did in the contrary that they should incurre his wrath and extreme displeasure This notwithstanding the word no sooner came of the Queens death then the loose and broken men in the borders assembling in companies made incursions upon England doing what in them lay to divide the two Kingdomes which the year following was severely punished the principals that were tried to have been partners in that business being all executed to the death The King in the mean time giving order for his journey did appoint the Queen to follow him some twenty dayes after and for his children ordained the Prince to remain at Striveling the Duke of Albany his brother to abide with the Lord Fyvie President of the Session and the Princess Elizabeth their sister with Alexander Earl of Linlithgow To the Lords of Councell an ample Commission was given for the administration of all affairs receiving resignations hearing the accounts of the Exchequer continuing daies of law adjoining assessors to the justice granting of licences to depart forth of the Realm altering the place of their residence as they should find it convenient repressing the troubles of the
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
Forbes Mr. Nathaniel English Mr. Charles Farum Mr. Iames Irwyn Mr. Iohn Sharp Mr. Robert Dury Mr. Iohn Rosse and Mr. Robert Youngson The last of these was one that had acknowledged his offence and craved pardon yet at this Diet compeired with these others professing That he was troubled in conscience for the confession he had made and that he would now take part with the brethren who stood to the defence of the good cause as he termed it The Councell repelling the Declinatour declared the Assembly to have been unlawfull and those that met in the same contrary to his Majesties command punishable But because they had added to their former fault the crime of Treason it was thought meet to deferre the Censure till the King should be acquainted therewith and his pleasure known No sooner was his Majesty advertised of the Declinatour then direction was sent to the Councell for proceeding against them according to the laws whereupon the six that were imprisoned in Blacknesse that is to say Mr. Iohn Forbes Mr. Iohn Welch Mr. Andrew Duncan Mr. Iohn Sharp Mr. Robert Dury and Mr. Alexander Straghan were upon the tenth of Ianuary thereafter brought to the Town of Linlithgow and presented upon Pannell before the Justice who was assisted by a number of Noblemen and others of the Privie Councell The Indictment made which was grounded upon the Statute of Parliament holden in May 1584. touching his Majesties Royall Power over all Estates and the presumptuous fact committed by them in declining the judgment of the Councel Certain of their brethren did supplicate the Justice for licence to conferre with them apart that they might perswade them to an humble submission and acknowledgment of their offence This obtained they were most earnestly dealt with as well by their Brethren as by the Advocates that came to plead for them to relinquish their wilfulness and not to exasperate the King by standing to the defence of their Declinatour but no perswasions could avail So returning to the Barre they were desired to answer and shew a reason if any they had why the matter should not passe the triall of a Jury The Advocates that stayed with them for the two principalls refused to plead because of their obstinacy excepting against the Indictment said that the Statute 1592. Whereby it was declared That the Act made against declining of the Councells judgment should not derogate any thing from the priviledges which God had given to the spirituall office-bearers in the Church concerning heads of Religion in matters of heresie collation and deprivation of Ministers or any such essentiall censures having warrant of the word of God and that thereupon inferred that their meeting at the time libelled in Aberdene being an essentiall censure warranted by Gods word they might lawfully have declined the Councells judgment from taking cognition therein It was answered by his Majesties Advocate That the exception was naught because the keeping of an Assembly at a certain time and place and the appointing of another contrary to his Majesties direction and the charge of the Councell was neither a head of Religion nor matter of heresie nor excommunication nor an essentiall censure and so being no waies comprehended under that limitation their declining of the Councell when as they were called to answer for the keeping of that Conventicle in the Town of Aberdene must of necessity come under the generality of the Statâ—te 1584 and bring them under the punishment of Treason The matter after some dispute being put to triall of an Assise all the six were found guilty of Treason and returned to their severall prisons till his Majesties pleasure concerning their punishment should be certified what this was in the story of the next year shall be declared Mean while a Proclamation went out discharging all the subjects of what rank place calling function or condition soever either in publick or private to call in question his Majesties authority Royall or the lawfulness of the proceeding against the said Ministers or to make any other construction of the Statute concerning the declining of his Majesties and the Councells judgment then made in that decision of the Justice with certification of those that contravened that they should be called and severely punished as seditious persons and wilfull contemners of his Majesties most just and lawfull government Before these stirres in the Church a Convention of the Estates was kept the sixth of Iune at Edinburgh where a Letter was presented by his Majesty to the Estates full of affection The Letter was to this effect That his Majesties love being nothing diminished through his absence towards that his native and antient Kingdome he did wish them to contend in a laudable emulation who should live most vertuously and be most obedient to the laws That the Nobility should give assistance to the execution of justice and be in all things a good ensample to their inferiours The Barons should set themselves to procure the good of the Kingdome And the Burgesses apply their mindes to the increase of trade especially the trade of fishing which had been long neglected and to the working of cloth that had made their neighbour Countrey so famous To them all be recommended the rooting forth of barbarity the planting of Colonies in the Isles and peopling the same with civil and industrious persons assuring them that they so behaving themselves their liberty should be as dear to him as either his life or estate This was the substance of the Letter which the Chancellour having resumed and thereunto added many perswasions for the following of those wholsome and profitable counsells the Estates did expresse a great forwardness that way and after a long deliberation condescended upon divers good Acts which if they had been all carefully put in practise as they were wisely devised the Kingdome had long before this time tried the benefit thereof Amongst other directions the removing of the barbarous fewds was recommended to the Councell whereof they were desired to make a Roll and urge the parties to reconcile and if they refused then to assure them to the peace and commit them to ward till the same was secured And whereas the custome had been to cause parties assure one another the King did prohibit the same as a thing dishonourable and arguing too great presumption in the subject seeing the Law should be to every man a sufficient assurance The Councell reverencing his Majesties direction did ordain that course from thenceforth to be observed and all assurances to be taken for the peace thereafter and not of one party to another Beginning being made with the Lord Maxwell and the Lord of Iohnston they were moved to joyn hands and reconcile in presence of the Councell This Summer the enterprise of the Lewes was again set on foot by Robert Lummisdale of Ardrie and Sir George Hay of Netherliffe to whom some of the first undertakers had made over
the intended tragedy to be performed when as that which was so secretly hatched came to be discovered after a wonderfull manner The Lord Monteagle son heir to the Lord Morley being in his lodging at seven of the clock at night had a Letter given him by one of his footmen who received the same upon the street from a person unknown with a charge to put it in his Masters hand The tenor whereof was as followeth My Lord OUt of the love I bear to some of your friends I have a care of your preservation therefore would I advise you as you tender your life to devise some excuse to shift off your attendance at this Parliament for God and man have concurred to punish the wickedness of this time Think not slightly of this advertisement but retire your self into your Countrey where you may expect the event in safety for though there be no appearance of any stirre yet I say they shall receive a terrible blow in this Parliament and shall not see who hurteth them This counsell is not to be contemned because it may doe you good and can doe you no harm for the danger is passed as soon as you have burnt the Letter and I hope God will give you the grace to make good use of it in whose holy protection I commit you It was some ten daies only before the Parliament that Monteagle received this Letter and but twelve hours before the meeting of the Estates that the Plot was found out Where it is a sort of wonder to think that so many being made privie to the conspiracy the same should not have burst out one way or other in so long a time For it was the eleventh of December 1604 when they began to work at the myne and so the space of a year and more the conspiracy went concealed Some advertisements were sent to the King and diverse of his Majesties Councell from beyond sea That the Papists were preparing to present a Petition for toleration of Religion at the meeting of the Parliament which should be so well backed as the King would be loath to refuse it But these advertisements were contemned and thought to be invented for putting the King in fear Yea and the Nobleman when he received the Letter not knowing what construction to make of it doubted much that it had been a device to scare him from attending the Parliament notthelesse out of his care of the Kings preservation he resolved to communicate the same with the Earl of Salisbury his Majesties principall Secretary and going the same night to Whitehall delivered the Letter to him The Secretary acquainting the Chamberlain Admirall and some others of the Councell therewith and examining every line thereof resolved to shew the same to the King at his return for he was then at hunting at Royston and not to search further in the matter till they should hear what was his judgment The King returning to London the Thursday after which was Alhallowes evening the Letter was shewed him the next day in the afternoon who having read the same once or twice said That it was not to be contemned and that the style seemed more quick and pithy then is used in libells pasquills and the like The Secretary perceiving the King to apprehend the matter more deeply then he expected told him that the letter seemed to be written by a fool or mad man and pointing at the passage the danger is past as soon as you have burnt the letter said that the warning was to little purpose if the burning of the letter might make the danger eschewed But the King willing him to consider the former sentence wherein it was said that they should receive a terrible blow at the Parliament and not see who did hurt them and when he should joyn that with the other he should finde it to be suddain danger as by blowing up by Powder that was thereby meant Therefore willed all the rooms in the Parliament house to be searched both above and below to prevent the danger if any there was This belonging to the Chamberlain his office he was desired to make the search and for staying the idle rumours to delay his going to Monday in the afternoon the day before the first Session of Parliament At which time the Chamberlain taking with him the Lord Mounteagle who was carefull to see what the warning given would prove went and viewed all the rooms where he perceived in the vault under the upper house great store of fagots billets and coals and asking the keeper of the guardrobe named Whinyard to what use he had put those low Cellars for they appertained to him he answered that Thomas Percy had hired the house and Cellar and the billets and the coals were the Gentlemans provision for winter The Chamberlain casting his eye aside and espying a fellow in the corner of the vault asked who he was and received answer that he was Percies man who kept the house for his Master Thus having lookt upon all things in a careless manner as it appeared he returned to the King and made report of that he had seen which encreased his Majesties first apprehension and thereupon was order given for turning up those billets and coals even to the bottome if nothing should be found it was devised that Whinyard should pretend the stealing of some of the Kings stuffe which he had in his keeping and that made the colour of search Sir Thomas Knevet Gentleman of his Majesties privie Chamber and Justice of Peace within Westminster being appointed for this business went thither with some few in company about midnight and finding a man standing without doors in his cloathes and boots caused him to be apprehended This was Guido Faulks whose hand should have fired the train and gave himself out for Percies man Thereafter entring into the house he made the coals and billets to be turned up under which they found 36 barrells of Powder more and less Then turning to the fellow they had apprehended and questioning him touching the Powder he did instantly confess swearing That if he had been within the house when they took him he should have blown them up with the house and all Sir Thomas taking the man a long went immediately to the place and shewed the Chamberlain and Secretary how he had sped they making themselves ready and warning the Counsellors that lay within the Palace went all together to his Majesties Bed chamber The King awake the Chamberlain not able to conceal his joy cried aloud that the Treason was discovered and the traitor in hands The command was given to command the Councell to examine the Prisoner touching his partakers he nothing dejected nor moved a whit with so honorable a presence did boldly avow the fact repenting onely that he had failed in the execution and saying The devill envying the success of so good a work had discovered the same All that day nothing could be drawn from him
King and that one of the Privy Counsellors had said that the conspiracy proceeded of a meer discontent the people had conceived at his Majesties Government he was mightily offended and from that forth held his affection to his service continually suspected Information was made at the same time that some of the Ministers imprisoned at Blackness did blame the Chancellor for their meeting at Aberdene offering that they had warrant from him to meet and his promise that they should incur no danger for the same The King to understand the truth thereof directed his servant Sir VVilliam Irwyn to inquire at the imprisoned Ministers what dealing they had with the Chancellor in that business their answer was That a little before their meeting at Aberdene Mr. Iohn Forbes and Mr. Iohn VVelsh had sought his advice touching their convening and that he asking them what they intended to do they answered that fearing the establishment of Bishops they were to do their best for withstanding the same And that he to encourage them did promise all the assistance he could give that way which they took to be an allowance of their meeting A letter hereupon was directed to certain of the Councell to call the Ministers and if they stood to their saying to hear what the Chancellor would answer They maintaining that which they had said and the Chancellor called to his Answer affirmed that he was intreated by them to oppose the restitution of Bishops temporalities which then was in working promising that he should not be questioned for his Religion which they understood to be Popish This denyed by the Ministers they fell in a sharp contest which continued some space withwords not seemly on either part The Ministers for clearing his approbation of their Assembly did further alleadge that he had uttered so much to Mr. VValter Balcanquell and Mr. Iames Balfour Ministers at Edinburgh who being examined touching their knowledge Mr. VValter Balcanquel Balcanquell did affirm That the Chancellor in private to himself had commended them for maintaining the liberty of the Church which was not a little prejudiced as he said by the continuation of Assemblies from year to year The same he was said to have spoken to Mr. Iames Balfour but he excused himself by forgetfulness saying he did not remember any such speeches This report made to the King he said That none of the two deserved credit and that he saw the Ministers would betray Religion rather then submit themselves to government And that the Chancellor would betray the King for the malice he carried to the Bishops By this contest always the Chancellor was made more tractable in the restitution of Bishops temporalities which he had strongly resisted unto that time And in the Parliament kept at Perth in the beginning of Iuly shewed a great desire to promote the same This Parliament had been indicted to keep at Edinburgh in Iune preceding and the Earl of Dunbar imployed to see all matters carried therein to his Majesties minde The Chancellor whether out of emulation to shew his greatness or that he feared some affront by the Earl of Dunbar went on the streets accompanied with the Burgesses in great numbers who otherwise then was their custome did walk with their swords Dunbar taking this in ill part yet dissembling his offence caused adjourn the Parliament to the first of Iuly and therewith presented a warrant for removing the same to the Town of Perth which coming unlooked for made the Burgesses forthink their doing At Perth it happened the very first day the Lord Seaton and Alexander his brother to encounter the Earl of Glencarn in the Bridgegate where drawing their weapons against others a great tumult was raised which continued a certain space and disturbed the Councell that as then was sitting the Lord Seaton being tryed to have invaded the other which he did for revenge of his uncles slaughter he was cited before the Councell for troubling the Parliament but leaving the town he went home and for his not appearing was denounced Rebell It was held an ominous beginning and gave many to think that matters would not succeed well but the Earl of Dunbar did so wisely and with so great care prevent every thing that was like to breed trouble as all things were carried from that time forth in a most peaceable sort There were attending in the town aboundance of Ministers labouring all they could secretly to make some perturbation The Earl calling them to his lodging did rebuke them sharply saying That it seemed strange to him that they who had so often petitioned to have the Act of annexation dissolved should go about to hinder the same now when the King was to do it in part specially considering there was nothing to be moved in prejudice of their discipline And that for removing the differences that were amongst them in that point his Majesty had resolved as they knew by the letters some of them had received to call the most learned and discreet of both sides before himself and have matters composed so far as might be to their content More fitting he said it were for you to whom his Majesty hath addressed his letters to have been preparing your selves for the journey And I should advise you for your own good and the peace of the Church not to write to the King any more but rather study by your peaceable behaviour to procure favour to your brethren that are in trouble With these speeches he did quiet them and so the Parliament went on and after some few days ended in great peace In this Parliament divers good constitutions were made but the two principall were the Acts of his Majesties Prerogative and the Act entituled The restitution of the estate of Bishops which title giveth many to mistake the truth of things and think that before this time the estate of Bishops was overthrown and cast down whereas the same was never so much as intended Only by this Act the temporalities of Bishopricks which by the Act of Annexation were made to belong to the Crown were restored in regard it was seen that the Bishops were disabled to attend their service in the Church and State by the want thereof Soon after the Parliament dissolved such of the Clergy as his Majesty called to Court went together of the one side went the Archbishops of S. Andrews and Glasgow the Bishops of Orkney Galloway and Mr. Iames Nicolson who was destinate Bishop of Dunkeld on the other part were Mr. Andrew Melvill Mr. Iames Melvill Mr. Iames Balfour and Mr. William Watson Mr. William Scot Mr. Iohn Carmichall and Mr. Adam Colt All these arriving at London about the beginning of Sept. had warning given them to attend the 20th of that moneth at Hampton Court The King had appointed some of the Bishops of England to attend during the conference and preach by course upon the subjects presented to them Dr. Barlow Bishop of Lincoln began taking for his text the 28 verse
of the 20 chap. of the Acts whereby he took occasion to prove out of the Scriptures and Fathers the supremacy of Bishops above Presbyters and to shew the inconveniencies of Parity in the Church with the confusion arising from the same Dr. Buckridge Bishop of Rochester took for his text the Precept of the Apostle Omnis anima c Rom. 13. 1. where falling to speak of the Kings supremacy in causes Ecclesiasticall he did handle that point both soundly and learnedly to the satisfaction of all the hearers only it grieved the Scots Ministers to hear the Pope and Presbyterie so often equalled in their opposition to soveraign Princes Dr. Andrews Bishop of Chichester followed who choosed for his text the first verses of the 10 chapter of Numbers confirming thirdly the power of Kings in Convocating Synods and Councells The fourth was Dr. King Bishop of London he took for his theam the 11 verse of the 8 chapter of Canticles and thereupon discoursing of the Office of Presbyters did prove lay Elders to have no place nor office in the Church and the late device to be without all warrant of Precept or example either in Scripture or in Antiquity This course his Majesty took as conceiving that some of the Ministers should be moved by force of reason to quit their opinions and give place to the truth but that seldome happeneth where the minde is prepossessed with prejudice either against person or matter The first audience was at Hampton the 22 of September at whichâ— besides the Bishops and Ministers from Scotland were present the Earls of Dunbarre Argile Glencarne Sir Thomas Hamilton Advocate and Sir Alexander Straiton Of the English Dr. Montague Dean of the Charpell was only admitted to stay There the King declaring the purpose for which he had called them spake a few words to this effect That having left the Church of Scotland in peace at his parting forth of it he did now hear of great disturbances in the same whereof he desired to understand the true cause and to have their advice how the same might best be removed This being said he the errand in generall for which I have called you I should be glad to hear your opinions touching that meeting at Aberdene where an handfull of Ministers in contempt of my authority and against the discharge given them did assemble and though they were neither a sufficient number nor the accustomed order kept they would take upon them to call it a generall Assembly and have since proudly maintained it by declining my Councell and such other means as they pleased to use The rather I would hear your minds because I am informed that divers Ministers doe justifie that meeting and in their publick preachings commend these brethren as persons distressed which in effect is to proclaim me a tyrant and Persecutor Mr. Iames Melvill answering first said that there was no such discharge given to those Ministers that met at Aberdene as was alledged adjuring Sir Alexander Straiton who was said to have given the charge to declare in his Majesties presence how that matter was carried As to the absence of Moderator and Clerk he said that none of these were essentiall parts of an Assembly and that the Moderator absenting himself of purpose and the Clerk refusing to serve the brethren convened might lawfully create others in their places so as the Ministers having warrant to convene from the word of God and from his Majesties laws as also coming thither by direction of their Presbyteries he could not in his conscience condemne them Well then said the King I shall desire you to answer me three things that I will ask First if it be lawfull to pray publickly for persons convicted by the lawfull Iudge as persons being in distress and aflicted 2 Whether I may not being a Christian King by my authority royall convocate and prorogue and desert for just and necessary causes known to myself any Assemblies or meetings within my Dominions 3 Whether or not may I by my authority-call and convene before me and my Councell whatsoever person or persons Civil or Ecclesiastial for whatsoever offences committed by them in whatsoever place within my Dominions and if I may not take cognition of the offence and give sontence therein And further whether or not are all my subjects being cited to answer before me and my Councell obliged to compeir and acknowledge me or them for judges in these offences Mr. Iames answering said that the questions were weighty and craved a great deliberation wherefore he would humbly entreat his Majesty to grant them a time to conferre and advise together that they might all give one direct answer This desire granted they were commanded to advise and meet together that night and be ready to answer the next day At this meeting the Earls of Salisbury and Northampton with divers of the English Clergy were present The Ministers desiring to have the meeting more private requested the Earl of Dumbarre to move the King therein and that none but Scotsmen should be present fearing as they said that some unseemly words might escape them But this was denied and they warned to speak with that respect which became subjects It was believed that the King should have begun with the questions proponed in the former meeting but his Majesty taking another course required them to declare one by one their judgements touching Aberdene Assembly The Bishops being first askt did all condemn the meeting as turbulent factious and unlawfull Mr. Andrew Melvill then being enquired made answer That he could not condemn the Assembly being a private man that he came into England upon his Majesties letter without any Commission from the Church of Scotland and though he had Commission in dicta causa and not hearing what they could say for themselves he could not give his judgement Sentence he said was given against them in a justice Court how justly he did remit that to the great Judge but for himself he would say as our Saviour did in another case Quis me constituit judicem Mr. Iames Balfoure being next asked Did pray his Majesty not to press him with any answer for that he knew nothing would be well taken that proceeded from his mouth and that Mr. Andrew had answered his minde sufficiently Mr. Iames Melvill without giving a direct answer began to tell That sinceâ— his coming to London he had received divers letters and with them a Petition that should have been presented to the late Parliament in behalf of the warded Ministers which he was desired to offer unto his Majesty and as he thought the Petition would make all their mindes known The King taking the Petition and falling to read the same willed the Advocate to goe on and receive the answer of the rest And as the Advocate was questioning Mr. William Scot and urging him with a distinct answer for he used many circumlocutions according to
have persecuted that worthy man in his life made him a long time after his death the subject of their sermons interpreting the miseries whereunto he was brought to be the judgement of God inflicted upon him for withstanding their courses of discipline If now one should take the like liberty and say That God to whom the Bishop at his dying did commend his cause had taken a revenge of him who was the chief instrument of his trouble it might be as probably spoken and with some more likelyhood then that which they blasted forth against the dead Bishop But away with such rash and bold conceits the love of God either to causes or persons is not to be measured by these externall and outward accidents But leaving this the King being very desirous to have the Church quieted and a solid and constant Order established for preventing the like offences did call a generall Assembly to meet at Linlithgow the 10 of December and for the better ordering of business directed the Earl of Dunbarre to attend the meeting At the day many convened both Ministers and others Of Ministers there were reckoned one hundred thirty six of Noblemen Barons and others thirty and three Mr. Iames Nicolson elected to preside the Earl of Dunbarre presented a letter from his Majesty to this effect That it was not unknown what pains he had taken whilest he lived amongst them as well to root out Popery as to settle a good and perfect Order in the Church and that notwithstanding of his care bestowed that way he had been continually vexed by the jealousies of some perverse Ministers who traducing his best actions gave out amongst the people that all he went about was to thrall the liberty of the Gospell Neither content thus to have wronged him they had in his absence factiously banded themselves against such of their brethren as had given their concurrence to the furtherance of his Majesties just intentions upon the knowledge whereof he did lately call the most calme and moderate as he esteemed of both sides unto his Court thinking to have pacified matters and removed the divisions arisen in the Church but matters not succeeding as he wished he had taken purpose to convene them for setting down such rules as he hoped should prevent the like troubles in after times which he had intrusted to his Commissioner the Earl of Dunbarre willing them to consider what was most fitting for the peace of the Church and to apply themselves to the obedience of his directions as they did expect his favour After the reading of the letter the overture was presented conceived in this forme That his Majesty apprehending the greatest causes of the misgovernment of Church affairs to be that the same are often and almost ordinarily committed to such as for lack of wisdome and experience are no way able to keep things in a good frame for remedying this inconvenient thinketh meet that presently there be nominated in every Presbyterie one of the most grave godly and of greatest authority and experience to have the care of the Presbyterie where he remaineth till the present jarres and fire of dissension which is among the Ministery and daily encreaseth to the hinderance of the Gospell be quenched and taken away and the Noblemen professing Papistry within the Kingdome be either reduced to the profession of the truth or then repressed by justice and a due execution of the lawes and for encouragement of the said Moderators and the enabling them to the attendance of the Church affairs his Majesty is graciously pleased to allow every of them one hundred pounds Scots or two hundred marks according to the quality of their Charge but where the Bishops are resident his Majesty will have them to moderate and preside in these meetings As likewise because it often falleth out that matters cannot be decided in Presbyteries by reason of the difficulties that arise and that the Custome is to remit the decision thereof to the Synod of the Diocie It is his Majesties advice that the moderation of these Assemblies be committed to the Bishops who shall be burthened with the delation of Papists and solicitation of justice against those that will not be brought to obedience in respect his Majesty hath bestowed on them places and means to bear out the charges and burthens of difficill and dangerous actions which other Ministers cannot so well sustain and undergoe This overture seeming to import a great alteration in the discipline was not well accepted of divers but his Majesties Commissioner having declared that it was so farre from the Kings purpose to make any change in the present Discipline as he did not long for any thing more then to have it rightly setled and all these eyelists removed which had given him so just occasion of discontent they desired a time to deliberate and that a number of the most wise and learned might be selected to conferre thereupon and report their opinions to the Assembly The brethren named in this conference having debated every point at length and considered the inconveniencies that might arise by the change especially the usurpation that was feared these constant Moderators should make upon their brethren resolved that the overture proponed was not to be refused so as certain cautions were added which were condescended to in manner following First That the Moderators of Presbyteries and Provinciall Assemblies should not presume to doe any thing of themselves without the advice and consent of their brethren 2 That they should use no further jurisdiction nor power then Moderators have been in use of by the constitutions of the Church 3 If it should happen the Moderatours to be absent at any time from these meetings it should be in the power of Synods and Presbyteries to nominate another for moderating in their absence 4 When the place of a Moderatour in any Presbyterie should be void the election of one to succeed should be made by the whole Synod with consent of his Majesties Commissioner 5 If any of the Moderatours should depart this life betwixt Assemblies it should be lawfull to the Presbyteries to nominate one of the most grave and worthy of their number for the place unto the meeting of the next Synod 6 That the Moderatours of the Presbyteries should be subject to the tryall and censure of the Synod and in case they usurped any further power over the brethren then is given them by the Assembly the same should be a cause of deprivation from their Office of Moderation and they deprived thereof by the said Synods 7 In like manner the Moderatour of the Provinciall Assembly should be tried and censured by the generall Assembly and in case he was found remiss or to have usurped any further power then the simple place of a Moderatour he should be deprived therefore by the generall Assembly 8 That the Moderatours of every Presbyterie and Synod with their Scribes should be astricted to be present
of the Church The Synod being cited before the Councell for this presumption was discharged to meet thereafter and the Presbyteries within the bounds commanded under pain of Rebellion to accept their Moderators In Fife the resistance was no lesse for the Synod being continued twice first from April to Iune then from Iune to September meeting at that time in Dysert and pressed by the Lords Lindesay Scone and Halirudhouse Commissioners from the Councell to accept the Archbishop of S. Andrews for their Moderator did obstinately refuse and dissolved without doing any thing hereupon was that Synod likewise discharged and all the Burghs inhibited to receive them if perhaps they should reassemble after the Commissioners were gone The Presbyteries of Mers were also very troublesome and the Councell so vexed with complaints of that kinde as not a day passed without some one or other But all this opposition proved vain and they in end forced to obey did finde by experience this setled course much better then their circular elections A Commission came in this mean time for planting some learned and worthy person in the place of Mr. Andrew Melvill at S. Andrews The Commission was directed to the Archbishop of Saint Andrews the Bishops of Dunkeld Rosse and Birchen the Lord Balmerinoch the Advocate the Laird of Balcomy and Commissar of S. Andrews who meeting in the new Colledge the 16 of Iune after the reading of his Majesties Letter whereby it was declared That the said Mr. Andrew being judged by the Councel of England to have trespassed in the highest sort against his Majesty and for the same committed to the Tower till he should receive his just punishment was no more to return to that charge they according to the power given them did proceed and make choice of Mr. Robert Howy to be Provost of the said Colledge ordaining him to be invested in the said office with all the immunities and priviledges accustomed which was accordingly performed in the Iuly thereafter and he entred to his Charge the 27 of that moneth It remained that some course should be taken with the Ministers that were stayed at London as it was once purposed were to be provided with some Livings in England but that Church not liking to entertain such guests they were all permitted to return home upon their promise to live obedient and peaceable M. Iames Melvill was only retained who lived a while confined at Newcastle was after some months licensed to come to Berwick where he deceased A man of good learning sober and modest but so addicted to the courses of Mr. Andrew Melvill his Uncle as by following him he lost the Kings favour which once he enjoyed in a good measure and so made himself and his labours unprofitable to the Church Now let us see what happened in the Kingdome during this time The King was ever seriously commending to the Councell the removing of the barbarous fewds wherewith he had been so greatly troubled divers whereof by their travells were this year agreed yet new occasions daily arising they were kept in a continuall business David Lindesay younger of Edyell seeking to revenge the slaughter of his Uncle Mr. Walter Lindesay whom David Master of Crawford had killed as he lay in wait of the said Master who was then by the decease of his Father succeeded in the Earldome through a pitifull mistake did invade Alexander Lord Spynie and killed him in stead of the other The Noblemans death was much regrated for the many good parts he had and the hopes his friends conceived that he should have raised again that noble and antient house of Crawford to the former splendor and dignity all which perished with him he that was in place and escaped the perill being a base unworthy prodigall and the undoer of all that by the virtue of his Ancestors had been long kept together Another business no lesse troublesome did also then happen betwixt the Earl of Morton and the Lord Maxwell for holding of Courts in Eskdale unto which both did pretend right The preparation on both sides was great and like to have caused much unquietness if the same had not been carefully prevented both parties being charged by the Councell to dissolve their forces and not to come towards the bounds the Earl of Morton obeyed Maxwell contemning the charge went on and by a cartell did appeal Morton to the combate whereupon he was committed in the Castle of Edinburgh and after some two moneths stay made an escape No sooner found he himself at liberty then he fell a plotting the Laird of Iohnstons murther which he wrought in a most treacherous manner he pretending to use his friendship in obtaining his Majesties pardon employed Sir Robert Maxwell of Orchardtowne whose Sister Iohnston had married to draw on a meeting betwixt them as he did at a little hill called Achmanhill they did bring each of them one servant only as was agreed the said Sir Robert being present as a friend to both At meeting after they had courteously saluted one another and conferred a little space very friendly the two servants going aside the one called Charles Maxwell a Brother of Kirkhouse the other William Iohnston of Lockerby Charles falleth in quarrelling the other shooteth a pistoll at him the Laird of Iohnston making to part them the Lord Maxwell shooteth him in the back with two bullets whereupon he falleth and for a while keeping off the Lord Maxwell who made to strike him with his sword expired in the place it was the 6th of April in the year 1608 that this happened The fact was detested by all honest men and the Gentlemans misfortune sore lamented for he was a man full of wisdome and courage and every way well inclined and to have been by his too much confidence in this sort treacherously cut off was a thing most pitifull Maxwell ashamed of that he had done forsook the Countrey and had his estate forfeited some years after stealing quietly into the Kingdome he was apprehended in the Countrey of Cathnes and beheaded at Edinburgh the 21 of May 1613. The purpose of civilizing the Isles was this year again renewed and a long Treaty kept with the Marquis of Huntley thereupon but he breaking off by reason of the small duty he did offer for the North Isles the Earl of Argile was made Lieutenant thereof for the space of six moneths in which time it was hoped that some good should be wrought and the people reduced to good manners yet nothing was done to any purpose the great men of those parts studying only the increase of their own grandeur and striving whose command should be greatest In the Parliament of England that held in November preceding the matter of union received many crossings and of all the Articles condescended among the Commissioners only that was enacted which concerneth the abolishing of hostile laws The King grieved at this exceedingly and conceiving that the
his Majesties favors bestowed upon me having raised me out of the dust to a fortune farre exceeding my merit and on the other side I look to my foul fault in abusing his Majesties trust bringing thereby such an imputation upon his innocency as will hardly be taken away but with the forlorn childe to say Pecavi in coelum terram my offence is great I confess nor am I worthy to be reckoned any longer among his Majesties subjects or servants his Majesties rare piety singular wisdome and unspotted sincerity in all his actions whereof I had so long experience might have taught me that when he refused to have any dealing with the Pope the event of the course I took could not be good but I unhappy man would needs follow the way which to me seemed best and whereof I finde now the smart If no other thing can liberate his Majesty of this imputation caused by my folly let neither my life nor estate nor credit be spared but as I have all by his Majesties favour so let all go even to the last drop of my blood before any reproach for my offence be brought upon his Majesty Then rising up he said It shall not be necessary to remit my tryall to Scotland which I hear your Honours do intend for I do simply submit my self to his Majesties will and had much rather not live then lye any longer under his Majesties displeasure Therefore my humble suit to your honours is that in consideration of my miserable estate and ignominious confession you would be pleased to move his Majesty for accepting me in will and that without delay whatsoever may be done for reparation of his honour may be performed whereunto most willingly I submit my self The Chancellor Sir Thomas Egerton without taking any notice of these last words declared that his Majesties pleasure was to remit the tryall of his offence to the Judges in Scotland and that he should be conveyed thither as a Prisoner the Sheriffes attending him from shire to shire till he was delivered in Scotland in the mean time he did pronounce him deprived of all places honours dignities and every thing else that he possessed in England Whether or not I should mention the arraignment and execution of George Sprot notary in Eymouth who suffered at Edinburgh in the August preceding I am doubtfull his confession though voluntary and constant carrying small probability This man had deponed that he knew Robert Logan of Restalrig who was dead two years before to have been privy to Gowries conspiracy and that he understood so much by a letter that fell in his hand written by Restalrig to Gowry bearing that he would take part with him in the revenge of his fathers death and that his best course should be to bring the King by sea to Fascastle where he might be safely kept till advertisement came from those with whom the Earl kept intelligence It seemed a very fiction and to be a meer invention of the mans own brain for neither did he shew the letter nor could any wise man think that Gowry who went about that treason so secretly would have communicated the matter with such a man as this Restalrig was known to be as ever it was the man remained constant in his confession and at his dying when he was to be cast off the ladder for he was hanged in the publick street of Edinburgh promised to give the beholders a sign for confirming them in the truth of what he had spoken which also he performed by clapping his hands three severall times after he was cast off by the executioner To return to the Commissioners of the Assembly they had presence of the King in Hampton Court the 10 of September where the Archbishop of Glasgow having declared the occasion of their coming did present the Assemblies letter together with their Petitions The King having read both the one and other said That the difference between the lawfull and unlawfull meetings might be perceived by the fruits arising from both for as that unlawful conventicle at Aberdene had caused a schisme in the Church and given the enemies of Religion a great advantage so in this Assembly they had not onely joyned in love among themselves wich is the main point of religion but also had taken a solid course for the repressing of Popery and superstition that he did allow all their Petitions and would give order for a Convention which should ratifie the conclusions of the Assembly assuring them that the Church keeping that course should never lack his Patrociny and Protection Letters were immediately directed to publish his Majesties acceptation of the Assemblies proceedings and the Councell joyned to commit the Marquesse of Huntley in the Castle of Striveling the Earl of Angus in the Castle of Edinburgh and the Earl of Arroll in Dumbritton A convention was likewise indicted at Edinburgh the sixth of December which was afterward prorogued to the 27 of Ianuary The Archbishop of Glasgow was in the mean time sent home to inform the Councell concerning Balmerinoch his business and how these matters had been carried in England This report made The Chancellor who had been much ruled by the Secretary was greatly afraid as suspecting the next assault should have been made upon him self But the King who knew his disposition and expected that the Chancellor would carry himself more advisedly especially in the matters of the Church the Secretary being gone did hast the Earl of Dunbar home with a warrant to receive the Chancellor in the number of the Counsellors of England and therewith appointed him Commissioner with Dunbar in the Convention of Estates all which was done to make it seem that his credit was no way diminished with his Majesty In this convention divers Acts were made in favours of the Church As first that Noblemen sending their sons forth of the Countrey should direct them to places where the reformed Religion was professed at least where the same was not restrained by the Inquisition and that the Pedagogues sent to attend them should be chosen by the Bishop of the Dioces wherin if they should happen to transgress the Nobleman being an Earl should incur the pain of four thousand pounds if he was a Lord five thousand Marks and if a Baron three thousand Marks And if their sons should happen to decline from the true Religion that their Parents should withdraw all entertainment from them and finde surety to that effect That the Bishop of the Dioces should give up to the Treasurer Controller Collector and their deputies the names of all persons excommunicated for Religion to the end they might be known and that no confirmations resignations nor infestiments should be granted to any contained in that Roll. That the Director of the Chancery should give forth no briefes directories precepts of returns nor precept upon comprisement till they produced the Bishops Testificate of their absolution and obedience and
and that people were terrified by this means from falling into these odious crimes Others reasoned That the principall end of all Church censures especially of Excommunication was the reclaiming of offenders and the bringing of them to the acknowledgment of their sin and that where the principall use had no place that other secondary ends ought not to be respected and so in case of Fugitives what could any Censure avail to their reclaiming they not being in place to answer or to receive any admonition yea and might it not fall that by proceeding against men in such case men truly sorrowfull for their sin should be sentenced and so the persons bound by the Church whom God hath loosed They did therefore judge it more safe in these cases to advertise people of the hainousness of the fact committed warning them to make their own profit thereof and to forbear all proceeding against the fugitive person till his condition should be made known This turned to be the resolution of the whole number and thereupon direction was given to the Ministers not to intend or follow any processe against fugitives in time coming This year the Earl of Eglington departed this life who having no childe nor heir male to succeed made a disposition of his lands and honours to Sir Alexander Seaton his Cousin germane with a proviso That he and his children should take the name and use the arms of the house of Montgomery The king who was alwaies most tender in the conveyance of honours being informed of the disposition made by the deceased Earl did by a Letter written to the Councell witness his displeasure at such alienations shewing that howsoever he could not stay Noblemen to dispose of their lands he being the fountain of all honour within his Kingdoms would not permit the same to be sold or alienated without his consent and thereupon did inhibit the said Sir Alexander to use the title of Lord or Earl notwithstanding the disposition made to him Some two years after his Majesty was pleased to bestow the honour upon him and so was he received into the place and honour formerly belonging to the house of Eglington In the month of october a Parliament was kept at Edinburgh the Chancellor being Commissioner for the King wherein the conclusions taken in the Assembly at Glasgow were ratified and all Acts and constitutions especially the Act made in the Parliament 1592 rescinded and annulled in so farre as they or any of them or any part of the same were derogatory to the Articles there concluded In this Parliament a subsidy was urged and a great contest made for the quantity which was required in a more large measure then in former times because of his Majesties affairs especially for the marriage of Lady Elizabeth with the Palsgrave who in the same moneth arrived in England The poverty of the Countrey with a fear that what was then granted should be made a Precedent for after times was pretended by those that withstood the motion albeit the true cause was known to be the dislike that the Popish faction had of the Match which by all means they laboured to crosse nor was any more busie then the Lord Burleigh to impede the subsidy he being a little before come from Court did affirm that the King in a private speech with him touching the same had said That he required no more then was granted in the Parliament 1606 and thereby made the opposition greater then otherwise it would have been yet in the end after long debating it was concluded that the supply should be more liberall in regard of the present occasion then at any time before The King upon advertisement of the Lord Burleighs business gave order to remove him from the Councel and to inhibit him from coming any more at Court which he apprehending to be the Lord Scones doing and that he had informed against him took so ill as he did send him a challenge and appeal him to the combat Hereupon he was committed in the Castle of Edinburgh where he remained some two moneths thereafter upon the acknowledgment of his offence and being reconciled with the Lord Scone he was put to liberty In Court at this time was great rejoicing and the marriage of the Lady Elizabeth with Prince Palatine daily expected when on the suddain all was turned to mourning by the death of Prince Henry who departed this life at S. Iames in the beginning of November A Prince of excellent virtues and all the perfections that can be wished for in youth He died at the age of 18 years and 8 moneths greatly lamented both at home and abroad The Councell esteeming it their duty to express their doleance for that accident made choice of the Chancellor and the Archbishop of Glasgow for that business But the King having received an hard information of the Chancellors carriage in the late Parliament sent his servant William Shaw to discharge him from coming to Court who encountring him at Morpet caused him to return The Archbishop who was no further advanced then Berwick accompanied the Chancellor to Edinburgh and after a short stay there as he was willed went to his journey again towards Court whither he came a little before Christmas The Nuptials in regard of the Princes death were put off to the February following at which time the sorrow being a little worn out the same were performed with great solemnity It was shewed before concerning the oppressions of the people of Orkney that the Acts made by the Earl in his Courts were judged unlawfull and he discharged to put the same thereafter in execution Notthelesse going on in his wonted course he sent his base son called Robert into the Countrey in shew to uplift his rents and duties but in effect to trie and punish the transgressours of these Acts whereupon new complaints being preferred to the Councell the King was advised to make purchase of Sir Iohn Arnots right to whom the Earl had impignorated his estate as being the only means to relieve that distressed people from his oppressions the bargain shortly was made and the King possessed in the lands Sir Iames Stewart Captain Iames his sonne being made Chamberlain and the Sheriffe of the Countrey The Earl himself was transported from Edinburgh to the Castle of Dunbarton and had allowed to him six shillings eight pence sterling a day for his entertainment where he had not long remained when as he received advertisement that the Castles of Kirkwall Birsay and other his Houses in these Isles were all rendered to the Sheriffe This put him in a great passion and many waies he essayed to make an escape but finding no possibility he sent his base son who was lately returned with an expresse command to take back the houses and expulse the Deputy Mr. Iohn Finlason whom the Chamberlain had left there The young man at his coming to Orkney being assisted with some loose people made
forward to God which I for my part doe hope and firmly believe that you all will endevour according to the wisdome and prudence which Almighty God hath given unto you And thus as your Lordship hath ever been desirous that I should give you the best assistance I could with his Majesty for the reducing or restraining this Nobleman so you see I have done it with the best discretion I could which I doubt not but all our brethren with you will take as proceeding from my desire to serve God and his Majesty and the whole Church of Scotland I send you herewith the form which I used in absolving the Lord Marquiss in the presence of the Lord Primate of Ireland the Lord Bishop of London and divers others And so beseeching the blessing of God upon you all that in your Assembly with unity of spirit you may proceed to the honour of Christ and to the beating down of Antichrist and Popery I leave you to the Almighty From my house at Croyden Iuly 23. 1616. This letter being shewed to the Clergy and others that were offended with the absolution of the Marquiss gave them content yet was it resolved that the Marquiss who then was returned from Court should present a supplication to the generall Assembly which was to meet at Aberdene the 13 of August acknowledging his offence not despising the admonitions of the Church and promising to continue in the profession of the truth and make his children to be educated in the same and that upon his supplication he should be new absolved according to the form used in the Church of Scotland This was very solemnly performed the first day of the Assembly the earl of Montrose being then Commissioner for his Majesty In the Assembly it was ordained That for as much as his Majesty had by Proclamation recalled such as were gone forth of the Countrey to be educated in the Colledges of Jesuits or other Popish Universities within the space of a year upon pain to be declared uncapable of succession either to goods or lands a triall and exact search should be made of all those that were sent or gone into forain parts within these last ten years and that every Minister should send a particular note unto his Ordinary of those within his Parish that were gone to follow their studies in places abroad with their age profession and families whereunto they appertained to the end they may be known and the dangers prevented wherewith their corrupt education did threaten the Church It was likewise enacted That no man should be permitted to practise or profess any Physick unless he had first satisfied the Bishop of the Dioces touching his religion That a Liturgie or book of Common prayer should be formed for the use of the Church That the Acts of the generall Assemblies should be collected and put in form to serve for Canons to the Church in their Ministration of discipline That children should be carefully catechised and confirmed by the Bishops or in their absence by such as were employed in the visitation of Churches That Grammar Schooles should be established in all Parishes where the same might be conveniently done And that a Register should be kept of baptismes marriages and burialls by the Minister of every Parish These Acts being put in form were ordained to be presented to his Majesty by the Archbishop of Glasgow and Bishop of Rosse who were sent from the Assembly to intreat his Majesties confirmation of the thing concluded By the answer returned with them his Majesties good liking of all that had proceeded in the Assembly was understood only against the Act of confirming young children by Bishops he excepted saying it was a meer hotch potch and not so cleer as was requisite and therefore directed the same to be reformed and among the Canons of the Church the Articles following to be inserted First That for the more reverend receiving of the holy Communion the same should be celebrated to the people thereafter kneeling and not sitting as had been the custome since the reformation of Religion 2 If any good Christian visited with sickness which was taken to be deadly should desire to receive the Communion at home in his house the same should not be denied to him lawfull warning being given to the Minister the night before and three or four of good Religion and conversation being present to communicate with the sick person who must provide for a convenient place and all things necessary for the reverent administration of the blessed Sacrament 3 That the Sacrament of Baptisme should not be longer deferred then the next Sunday after the child is born unless some great and reasonable cause declared and approved by the Minister doe require the same And that in the case of necessity tried and known to the Minister it should be lawfull to administrate Baptisme in private houses the same being alwaies ministred after the form it would have been in the congregation and publick declaration thereof made the next Sunday in the Church to the end the child might be known to have been received into the flock of Christs fold 4 Seeing the inestimable benefits received from God by our Lord Iesus Christ his birth passion resurrection ascension and sending down of the Holy Ghost have been commendably remembred at certain particular dayes and times by the whole Church of the World every Minister from thenceforth should keep a commemoration of the said benefits upon these days and make choice of severall and pertinent texts of Scripture and frame their doctrines and exhortations thereto rebuking all superstitious observation and licentious profaning of the said times 5 The Act of confirmation of Children his Majesty desired to be reformed in this manner Seeing the confirmation of Children is for the good education of youth most necessary being reduced to the Primitive integrity It is thought good that the Minister in every Parish shall catechise all young children of eight years of age and see that they have knowledge and be able to rehearse the Lords prayer the Belief and ten Commandments with answers to the questions of the small Catechisme used in the Church and that the Bishops in their visitations shall cause the Children be presented before them and bless them with prayer for the encrease of Grace and continuance of God his heavenly gifts with them The difficulty of admitting these Articles being represented in an humble letter to his Majesty by the Archbishop of S. Andrews and a reason given why the same could not be inserted with the Canons as having at no time been mentioned to the Church nor proponed in any of their meetings he was pleased to forbear the pressing of the same for that time thinking at his coming into Scotland which he intended the next Summer to satisfie such as were scrupulous and to obtain the Churches consent Shortly after a letter was sent to the Councel To assure them of the
Kings resolution to visit the Kingdom which he said did proceed of a longing he had to see the place of his breeding a Salmon-like instinct as he was pleased to call it and because he knew that evill disposed persons would disperse rumours as if he came to make alterations in the civill and ecclesiasticall Estate he commanded Proclamation to be made for certifying the subjects of the contrary It was true he said that he desired to doe some good at his coming and to have abuses reformed both in the Church and Common-wealth yet foreseing the impediments that his good intentions would meet with and regarding the love of his people no less then their benefit he would be loath to give them any discontent and therefore willed all his good subjects to lay aside their jealousies and accommodate themselves in the best sort they could for his receiving and the entertainment of the Noblemen of England who were to accompany him in the journey The Earl of Marre was at that time made Thesaurer and Sir Gedeon Murray continued in his depuâ—ation A motion had been made a little before for appointing a Commissioner or Deputie in the Kingdome which was hearkened unto by the King as that which would ease him of many vexations and in his absence maintain a face of court and breed a great respect among the people and so farre was that purpose advanced as both the King had made offer of the place to the Earl of Marre and he yielded to accept the same but this breaking out and coming to the Chancellors knowledge whether that he desired not to have any in place above himself or as he pretended wishing the Noblemans good he diverted him from accepting that charge and brought him to embrace the office of Thesaurer as the most profitable and that which should bring with it a less envy Sir Gedeon had the intromission withall as when Somerset was in place and did provide things so carefully and with such foresight as when the King came he found nothing lacking that was required for a Royall and Princely entertainment Among other directions sent from the King one was for repairing of the Chappell and some English carpenters employed who brought with them the portraits of the Apostles to be set in the Pews or Stalls as they were proceeding in their work a foolish and idle rumour went that Images were to be set up in the Chappell and as people are given to speak the worst it was current among them that the Organs came first now the Images and ere long they should have the Masse The Bishop of Galloway then Dean of the Chappell moved with these speeches did pen a letter to the King entreating his Majesty for the offence that was taken to stay the affixing of these portraits To this letter he procured the subscriptions of the Archbishop of S. Andrews the Bishops of Aberdene and Berchin and divers of the Ministers of Edinburgh The answer returned by the King was full of anger objecting ignorance unto them that could not distinguish betwixt pictures intended for ornament and decoration and images erected for worship and adoration and resembling them to the Constable of Castile who being sent to swear the peace concluded with Spain when he understood the business was to be performed in the Chappell where some anthems were to be sung desired that whatsoever was sung Gods name might not be used in it and that being forborn he was content they should sing what they listed just so said the King you can endure Lyons Dragons and Devills to be figured in your Churches but will not allow the like place to the Patriarchs and Apostles His Majesty alwaies gave order for some other form and staying the erecting of these portraits which in the same letter he said was not done for ease of their hearts or confirming them in their errour but because the work could not be done so quickly in that kind as was first appointed This letter was of the date at Whitehall the 13 of March 1617. The King was much laboured to deferre his journey to the next year when as he should find things better prepared but he refusing to hearken to any such motion made the greater haste and in the beginning of May came to Berwick where he was met with divers of the Councell and by their advice the Parliament which had been indicted to the 17 of May prorogued to the 13 of Iune All this time intervened the King spent in a progress through the Countrey makingâ— his entry in the speciall Burghs after a most Royall manner and welcomed with all the expressions of joy that could be devised At the day appoynted the Estates were frequently assembled where his Majesty made a long speech for the establishing Religion and Iustice neither of which he said could be lookt for so long as a regard was not had to the Ministers of both For Religion he complained That notwithstanding of the long profession of the truth numbers of Churches remained unplanted and of those that were planted few or none had any competent maintenance for this he wished some course to be taken and certain Commissioners to be chosen for appointing to every Church a perpetuall locall stipend such as might suffice to entertain a Minister and make him able to attend on his charge of justice He discoursed long remembring the pains he had taken as well when he lived among them as since his going into England and how he had placed Iustices and Constables a most ladable kind of government for the preserving of peace and the keeping of the laws in due regard which he understood as he said to be much neglected partly in default of some that were named to those places and held it a scorne to be employed in such a charge and partly by the opposition which the Lords and great men of the Countrey made unto them and to their settling but he would have both the one and other to know that as it was a place of no small honour to be a Minister of the Kings Iustice in the service of the Common wealth so he did esteem none to deserve better at his hands then they who gave countenance thereto as on the other part whosoever should shew themselves hinderers thereof should be accounted with him enemies to his Crown and the quiet of the Kingdom In end he said that he had long striven to have the barbarities of the Countrey which they knew to be too many removed and extinct and in place thereof Civility and Iustice established and that he would still indevour to doe his best that way till he might say of Scotland as one of the Emperours said of Rome Inveni lateritiam relinquo marmoream The King having closed and the Lords gone apart to choose those that should be upon the Articles the humours of some discontented Lords begun to kithe for whosoever were by the
King recommended as fit persons were passed by as men suspected and others named who stood worse affected to his Majesties service Another question they made for admitting the Officers of State refusing to admit any but the Chancellor Thesaurer and Clerk of the Rolls This being long and sharply debated was in end agreed by the admission of the whole number Among these Articles proponed the first was of his Majesties authority in causes Ecclesiasticall concerning which it was desired to be enacted That whatsoever conclusion was taken by his Majesty with advice of the Archbishops and Bishops in matters of externall policy the same should have the power and strength of an Ecclesiasticall law The Bishops interceding did humbly intreat that the Article might be better considered for that in making of Ecclesiasticall laws the advice and consent of Presbyters was also required The King replying That he was not against the taking of Ministers their advice and that a competent number of the most grave and learned among them should be called to assist the Bishops but to have matters ruled as they have been in your Generall Assemblies I will never agree for the Bishops must rule the Ministers and the King rule both in matters indifferent and not repugnant to the Word of God So the Article passed in this form That whatsoever his Majesty should determine in the externall government of the Church with the advice of the Archbishops Bishops and a competent number of the Ministery should have the strength of a law This coming to the Ministers ears they began to stirre as if the whole Rites and Ceremonies of England were to be brought upon them without their consents whereupon the Ministers that were in Town were called together and warned to be quiet for that such a generall Act did not lay upon them any bond and if any particular was urged the same should be communicated to them and nothing concluded without their consents It was further told them that there would not be wanting informations enough to stirre them up unto unquietness but they should doe well not to irritate his Majesty whom they knew to be a gracious Prince and one that would hear reason and give way to the same This they did all promise yet upon the suggestion of some discontented people the very next day Mr. William Struthers one of the Ministers of Edinburgh did unhappily break out in his Sermon upon these matters condemning the Rites received in the Church of England and praying God to save Scotland from the same This reported to the King by some of the English Doctors that were his hearers he became greatly incensed But the Ministers not contented with this did the same day in the afternoon tumultuously convene and form a Protestation in the words following Most gracious and dread Soveraign most honourable Lords and remanent Commissioners of this present Parliament We the Ministers of Christs evangel being here convened from all the parts of this your Majesties Kingdome doe in all reverence and submission intreat your Majesties and honours patient and favourable hearing of this our reasonable and humble supplication And first it will please your Highness honorable Estates presently convened to be informed that we are here a number of the Ministery out of all the parts of the Kingdome and that the Bishops have protested to a great many of us since our coming that nothing should be agreed nor consented unto by them in this present Parliament in matters concerning the discipline order of the Church without our knowledge and advice affirming that neither we nor they have any power to consent to any novation or smallest change of the order established without the advice of the Generall Assembly whereupon we resting in security have received a sudden report of an Article to passe for a law in the Parliament decerning and declaring that your Majesty with the advice of the Archbishops and Bishops and such a competent number of the Ministery as your Majesty out of your wisdome should think expedient shall in all time coming have full power to advise and conclude all matters of decency and which any way may concern the policy of the Church And that such conclusions shall have the strength and power of laws Ecclesiasticall wherein it will please your Majesty and honourable Estates to hear our own just griefs and to consider our reasonable desires and not to put us your Majesties humble subjects to that poor and simple part of protestation Which if remedy be not provided we shall be forced to use for the freedome of our Church and discharge of our consciences We then first plead our reformation and that the purity of our Church in doctrine ministration of the sacraments discipline and all convenient order with the best reformed Churches in Europe hath been acknowledged rather as a pattern to be followed of others then that we should seek our reformation from those that never attained to that perfection which we by the mercy of God this long time past have enjoyed under your Highness protection Next we plead the liberty of our Church which by the laws of your Majesties Kingdome and divers Acts of Parliament is established with power of publick meetings and annuall Assemblies and allowance to make Canons and constitutions such as may serve for the comely order thereof all which by this conclusion that is intended will be utterly overthrown Thirdly we plead for the peace and tranquillity of our Church that being nearest the Divine and Apostolicall institution hath lived without schisme and rent in the self and by introduction of any novelty against order may be miserably divided and so our peace broken Fourthly we have been at divers times sufficiently secured from all suspicions of innovation and specially by your Majesties Letter sent down this last Winter to take away all fear of any alteration which might arise upon your Majesties lovingly intended journey which Letter by your Majesties speciall will and direction of your Highness Councell was intimated in pulpits as also by that Proclamation given out the 26 of September 1616 when rumours of an intended conformity with the Church of England were dispersed whereby your Majesty sufficiently avoided all such suspicion and setled the hearts of honest men in a confidence that no such thing should be attempted These and many other reasons have moved us in all reverence by this our humble supplication to entreat your Highness and honourable Estates not to suffer the aforenamed Article or any other prejudiciall to our former liberties to passe at this time to the grief of this poor Church that the universall hope of thousands in this land who rejoiced at your Majesties happy arrivall be not turned into mourning wherein as we we are earnest supplicants to God to incline your Majesties heart this way as the most expedient for the honour of God and well of your subjects so if we shall be frustrated of this our
did beseech his Majesty to think of them as his most humble and obedient subjects and to permit them to confer a little space among themselves that they might return with an uniforme answer This granted they went to the parish Church and after some two hours returned making petition for a generall Assembly wherein these Articles being proponed might be with a common consent received The King asking what assurance he might have of their consenting they answered that they found no reason to the contrary and knew the Assembly would yeeld to any reasonable thing demanded by his Majesty But if it fall out otherwise said the King and that the Articles be refused my difficulty shall be greater and when I shall use my authority in establishing them they shall call me a tyrant and persecutor All crying that none could be so mad as to speak so Yet experience sayes the King tels me it may be so therefore unless I be made sure I will not give way to an Assembly Mr. Patrick Galloway saying that the Bishop of S. Andrews should answer for them the Bishop refused for that he had been deceived by them they having against their promise in the time of Parliament taken the course which they did Then said Mr. Patrick If your Majestie will trust me I will assure for the Ministers The King replying that he would trust him it was condescended that an Assembly should be called for that end at S. Andrews the 25. of November next Mr. Archibald Sympson the subscriber of the Protestation had been called to the meeting but falling sick by the way he excused himself by a letter and therein was very earnest to have the brethren oppose the Articles which he called tricas Anglicanas using some other disdainfull words The letter being shewed to the King he asked for the bearer This was Mr. David Catherwood who carrying himself unreverently and breaking forth into speeches not becoming a subject was committed in the Town house of S. Andrews and afterwards banished the kingdome Sympson for his letter was warded in the Castle of Edinburgh where he remained unto December following The King after this taking his Journey to London by the west parts was all the way through Scotland royally entertained and at Dumfreis had a farewell Sermon preached by the Bishop of Galloway which made the hearers burst out in many tears When the diet of the Assembly came the Earle of Hadington and Viscount of Stormont were sent thither as Commissioners from his Majesty the Archbishop made the exhortation wherein having deduced the Story of the Church from the time of reformation he shewed that the greatest hinderance the Church received proceeded from the Ministers themselves who for the pleasure of ill disposed people spared not to provoke his Majesty to just anger exhorting them for the glory of God the honour of the Gospell and their own good to take another course and preferre the favour of their King under whom they enjoyed so many blessings to the vain applause of factious persons It seemed at first that matters should have gone well for the first two dayes there was much calmenesse and the reasoning very formall and free but then upon a motion to delay the conclusion to another Assembly that the Ministers might have time to informe the people of the equity of the Articles the greater part went that way and all almost cried for a delay His Majesties Commissioners declaring that the King would take in ill part the delay and that nothing should be done considering the promises they had made if a generall Assembly should be granted to receive the whole Articles a fashion was made to a condescending to private Communion and the Ministers ordained to give the elements in the ministration of the holy Supper out of their own hands to the people which two acts with a letter of excuse for the continuance of the rest were sent to his Majesty how the same was excepted may appear by the answer that came a few dayes after which was this We have received your letter and thereby understand what your proceedings have been in that Assembly of S. Andrews concerning which we will have you know that we are come to that age as we will not be content to be fed with broath as one of your Coat was wont to speak and think this your doing a disgrace no lesse then the protestation it self Wherefore it is our pleasure and we command you as you will avoid our highest displeasure the one of you by your Deputy in S. Andrews and by your self in Edinburgh and the other of you in Glasgow keep Christmas day precisely your selves preaching and chusing your Texts according to the time And likewise that ye discharge all modification of Stipends for this year to any Minister whatsoever such excepted as have testified their affection to our service at this time by furthering at their power the acceptation of the Articles proposed and in the premises willing you not to fail we bid you farewell Newmarket the 6 of December 1616. In a postscript to the same letter it was said So many Bishops as you can get warned in time to preach at their Seas on Christmas day urge them to it Thus much in haste for this time after two or three daies ye shall hear further from us With his Majesties own hand after all was written Since your Scottish Church hath so far contemned my Clemency they shall now find what it is to draw the anger of a King upon them This letter was directed to the Archbishops of S. Andrews and Glasgow the other which followeth to S. Andrews him alone After we had commanded the dispatch of our other letter we received an extract concluded we know not how in your Assembly and subscribed by the Clerk thereof The one concerning private Communion and the other concerning the forme to be used at the receiving of the holy Sacrament both so hedged and conceived in so ridiculous a manner as besides that of the whole Articles proponed these two were the least necessary to have been urged and hastned The scornfull condition and forme of their grant makes us justly wish that they had been refused with the rest for in the first concerning the Communion allowed to sick persons besides the number required to receive with such patients and a necessity tying them upon oath to declare that they truely think not to recover but to dye of that disease they are yet further hedged in with a necessity to receive the Sacrament in case foresaid to be ministred unto them in a convenient room which what it importeth we cannot guess seeing no room can be so convenient for a sick man sworn to dye as his bed and that it were injurious and inhumane from thence in any case to transport him were the room never so neat and handsome to which they should carry him And as to that other Act ordaining
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
constitutions for the profit and good of the Countrey as in the Acts imprinted may be seen At the closing of the Parliament which was the fourth of August such abundance of rain with such thunderings and lightnings did fall as the Noblemen and others of the Estates were compelled to leave their horses and betake them to their Coaches which the factious sort did interpret to be a visible sign of Gods anger for ratifying the Acts of Perth others in derision of their folly said that it was to be taken for an approbation from heaven likening the same to the thunderings and lightnings at the giving of the law to Moses This was the last Parliament of King Iames in this Kingdome and that wherein he received greatest content for the Puritan faction had boasted that the Acts of Perth should never pass in a law so confident they were of their favourers in the Parliament house and now that they failed in their hopes he trusted they would become more wise But the King no less carefull to have the Acts obeyed then he was to have them pass in a law did commend the same by two severall letters to the Bâ—shops and Lords of the Councell To the Bishops he said That as they had to do with two sorts of enemies Papists and Puritans so they should go forward in Action both against the one and the other That Papistry was a disease of the minde and Puritanisme of the braine and the antidote of both a grave settled and well ordered Church in the obedience of God and their King whereof he willed them to be carefull and to use all means for reducing those that either of simplicity or wilfulness did erre In his letter directed to the Councel he put them in minde of that he had written in his Basilicon dorâ—n That he would have reformation begin at his own elbow which he esteemed the Privy Councel and Session with their members to be as having their places and promotions by him Therefore commanded them and every one of that number to conform themselves to the obedience of the orders of the Church now established by law which he trusted they would readily do otherwise if any Counsellor or Sessioner should refuse and make difficulty he did assure them that if within 14 dayes before Christmas they did not resolve to conform themselves they should lose their places in his service And if any Advocate or Clerk should not at that time obey they should be suspended from the exercises of their offices and the fees and casualities thereunto belonging unto such time as they gave obedience In the same letter he willed the Councell to take order That none should bear office in any Burgh nor be chosen Sheriffe Deputy or Clerk but such as did conforme themselves in all points to the said orders This letter was of the date At the Honour of Hampton the 29 of September 1621. By this may the Reader judge of that which hath been commonly affirmed That the Nobleman who was Commissioner should have promised at the passing of the Acts that none should be pressed with the obedience of them but all left to their own pleasures That his Majesty gave no such warrant it appears by the foresaid Letters and that the Nobleman would go an inch from that he was trusted with none that knew will believe The truth is that in most perswasive words and with that majesty which became the place he represented he did require them all to acquiesce and willingly obey the conclusions taken and not to draw upon themselves by their disobedience his Majesties anger assuring them in that case that his Majesty should not in his daies presse any more change or alteration in matters of that kinde without their own consents And this was all the Nobleman spake as divers yet living may remember In the beginning of the next year the Chancellor died at his house of Pinky neer to Mâ—silburgh in a good age and with the regrate of many for he exerced his place with great moderation and to the contentment of all honest men he was ever inclining to the Roman faith as being educated at Rome in his younger years but very observant of good order and one that hated lying and dissimulation and above all things studied to maintain peace and quietness Sir George Hay Clerk of Register being then at Court was preferred to the place and by his dismission Mr. Iohn Hamilton brother to the Earl of Hadington made Keeper of the Register About this time upon advertisements sent from England of the enlargement of certain Priests and Papists that were there imprisoned a rumour was dispersed that the King was inclining to a toleration of Popery and would grant liberty of conscience This rumour was increased by occasion of certain directions sent from the King to the Bishops of England for reforming certain abuses crept into the Church whereby the Preachers and Lecturers were commanded on Sundaies and Holy-daies in the afternoon to teach the Catechisme only or then some text taken out of the Creed the ten Commandements or Lords Prayer and in their preaching to abstain from handling the deep points of Predestination Reprobation Election the universality efficacy resistibility or irresistibility of Grace leaving these themes as fitter for the Schools then for simple auditors as likewise not to presume in any Lecture or Sermon to limit and bound by way of positive doctrine the power prerogative jurisdiction authority or duty of soveraign Princes or to meddle with matters of State having reference betwixt Princes and people otherwise then they were instructed and presidented in the Homily of Obedience and others of that sort set forth by publick authority These directions were interpreted to be a discharge of preaching at least a confining of Preachers to certain points of doctrine which they called a limiting of the Spirit of God and as people will ever be judging and censuring publick actions every one made the construction whereunto their humours did lead them The better and wiser sort who considered the present estate of things gave a farre other judgment thereof for as then the King was treating with the French King for peace to the Protestants in France and with the King of Spain for withdrawing his forces from the Palatinate at which time it was no way fitting that he should be executing the rigour of his laws against Papists at home while he did labour for peace to them of the Religion abroad the most likely way to obtain what he did seek of these Princes being a moderation of the severity of laws against Priests Papists at least for a time And as to the directions given to the Preachers the same they judged both necessary and profitable considering the indiscretion of divers of that sort who to make ostentation of their learning or to gain the applause of the popular would be medling with controversies they scarce understood and
answer Captain Iames Stewart his reply Morton is commited 2Ì„â— Ianuarii 18. Ianuar. An Assembly of the Church with their proceedings against the Bishops The iniquity of their proceedings A letter from the Earl of Lennox to the Assembly Iohn Dury committed to the Castle The death of Mr. Iohn Row An Ambassadour from England His Majesties answer to the Ambassadour An Assembly of the Estates The Ambassadour laboureth with Noblemen to take Arms for Mortons liberty Forces sent by the Queen of England to the Borders An. 1581. The proceeding against Mortons friends at Court The Ambassador departeth secretly to Berwick Sir Iohn Seaton denied passage into England Morton brought from Dumbritton to Edinburgh Morton his indictment Sentence pronounced The Ministers conference with the Earl of Morton The sentence mitigated Arran desireth Morton to subscribe his confession Morton his Answer Morton his behaviour at his death Mortons qualities and good parts Arrans proceeding against Morton and his servants approved Arran his marriage with the Countesse of Marche Montgomery his Simoniacal bargain for the Bishoprick of Glasgow Inquisition made of Montgomehy his life and doctrine The Articles against Montgomery communicated to the King Mr. Walter Balcanquel questioned for speeches in Pulpit Balcanquels answer The King ceaseth from pursuing the complaint Balcanquels Sermon approved by the Assembly An. 1582. Montgomery suspended by the Presbytery of Striveling He is cited to appear before the Synod of Lothian The Synod inhibited to proceed An Assembly at S. Andrews Mr. Mark Ker sent to discharge the Assemblies proceeding The Assembly discharged under pain of Rebellion to desist The Assembly proceedeth and findeth him culpable of divers crimes Montgomery falling from his resolution submits himself to the Assembly Montgomery changeth and returneth to his first course Mr. Thomas Smeton his Sermon at Glasgow Montgomery processed for preaching at Glasgow The Moderâ—tor of the Presbytery imprisoned in the Tolbuith A solemn Fast kept Iohn Dury Minister at Edinburgh was removed from his charge Ministers directed to the King Mr. Iohn Davidson excommunicated Montgomrie The surprise of the King at Ruthven 23. Aug. 1582. The King stayed from his sport by the Master of Glammit Arran withholden from the the King The Duke of Lennox sendeth to enquire of the Kings Estate The Duke of Lennox willed to retire to France A Proclamation declaring the Kings contentment with his stay at Perth The Duke is advised to go unto Dumbritton An Ambassador from England September 12. The Earl of Angus received in favour October 12. The Lords bring the King to Halirudhouse Octob. 8. An Assembly of the Church at Edinburgh The Lords â—end to obtain the Assemblies approbation The Assemblies ratificacation of the attempt at Ruthven A Convention of the Estates at Edinburgh The Kings speech to the Estates The attempt of Ruthven declared to be good service The Earl of Arran ordained to be detained till the Duke was gone The Duke falling sick at Seat taketh journey by land The Duke dering to see the King before he went away is denied Two Ambassador from France La Mott and Menevil The purpose of association renued The Ministers declared in their Sermons against the Ambassadors The Magistrates of Edinburgh desired to feast the Ambassadors The Ministers proclaim a fast Febr. 16. The Duke of Lennox dieth at Paris 26. May 1583. The King directeâ—h Amâ—assadours to England An. 1583. The negotiation took no effect The life and death of Mr. George Buchannan The King freeth himself of his attenders Ianuar. 28. The Earl of Gowry confesseth his fault and is pardoned An Act following the service of Colonel Stewart The Earl of Arran called again to Court His Majesties Declaration touching the attempt of Ruthven The discontented Lords confined All of them Angus except for their disobedience were denounced Rebels Ambassage from England the beginning of September His Majesties answer to the Ambassador The Ambassador complains of a Jesuits escape His Majesties answer An Assembly of the Church Grievances presented to his Majesty by the Church The King his answer to the grievances The answer did not satisfy the Church Lodowick son and heir to the late deceased Duke of Lennox cometh into Scotland Novemb. 13. The King his kindnesse to the Duke his children A Convention of Estates Prorogation granted to those that were charged to enter in Ward An offer of pardon to those who will acknowledge their offence at Ruthven The Earl of Rothes his protestation Iohn Dury questioned for allowing the attempt of Ruthven An. 1584. Mr. Andrew Melvil fleeth into England The King his Proclamations misregarded The Earl of 〈…〉 Being at Dundy he is apprehended by Colonel Stewart April 16. The Castle of Striveling surâ—â—â—ed April 18. The King 〈◊〉 to go towards Striveling The Rebels flee into England The Castle rendred April 27. Gowry examined touching the conspiracy His confession set down by himself in writing A letter from Gowry to his Majesty He is denied audience and put to the trial of a Jury The points of his endictment His exceptions repelled The names of the Assisers Gowry found guilty and sentence pronounced His execution and manner of death Archibald Douglas and another executed The houses of the Rebels charged Ministers called in question for the conspiracy Mr. David Lindesay Minister at Leth committed The Ministers at Edinburgh flee to England Mr. Robert Pont protesseth against the Acts. Libells and pamphlets against the Rulers of the Court. A letter from the Ministers of Edinburgh to the Session of the Church and Councel of the Town By the Kings direction an answer is returned in this form The letter grieveth the Ministers exceedingly Mr. Iames Lawson died at London Mr. Alexander Arbuthnet his death Mr. Thomas Smeton his death The Ministers charged with the subscription of certain Articles Mr. Nicol Dalgleish condemned David Home and his brother executed Robert Hamilton of Eglismachan delateth the Lairds of Dâ—uwwhasil and Mains Drumwhasil and Mains put to a trial They are found guilty and executed The unhappy end of Hamilton the delator Arran his power and credit at Court Arran laboureth to gain the Queen of England 12. Augusti An. 1585. The Master of Gray sent into England the beginning of October The Archbishop of S. Andrews sent into England The Queens answer to the Master of Gray The Justice Clerk directed into England April 1585. The banished Lords challenged by the Justice Clerk Arran draweth much envy upon himself His falling out with the Lord Maxwel Troubles betwixt the Maxwels and Iohnstons Johnston taken prisoner and shortly after dieth Sir Francis Russel sonne to the Earl of Bedford killed at a meeting in the Borders Arran and Farnherst confined Farnherst dieth at Aberdene Sir Edward Wotton Ambassador to Scotland about the beginning of Iune 1585. A convention of the Estates at S. Andrews A league continued with the Queen of England Lord Claud after his agreement with the banished Lords taketh a course by himself Ambassadors from Denmark Iuly 12. The King
the Earl of Orkney Iohn Ogilvy a Jesuit apprehended His examinamination by certain Commissioners A direction from his Majesty touching their proceeding with him Certain Questions moved to the Jesuit His Answer to the Questions His Answer sent to his Majesty Commission for the Jesuits triall The Jesuits defence at his indictment The exception proponed by the Jesuit The exception proponed by the Jesuit The Jesuite convicted and executed Moffet another jesuit licenced to depart An. 1615. The Archbishop of S. Andrews his death Bishops translated by this occasion The History of Somersets fall Sir Tho Overburie his free advice to Somerset Overbury committed to the Tower Overbury poysoned and dyeth The murther discovered and laid open An. 1616. Somerset and his Lady brought to triall The persons of the Jury The Earl and his Lady convicted and sentenced The Marquis of Huntly called before the Commissioners He is Committed He is released by the Chancellour The Bishops complain to his Majesty A Command to the Marquis to return to his ward The Marquis permitted to come to Court The form of the absolution His Majesties letter to the Bishops for justifying the absolution The Archbishop of Canterbury's excuse for the absolution The Archbishops letter giveth some content An Assembly at Aberdene The Marquiss of new absolved Acts concluded in the Assembly Commissioners directed to the King from the Assembly His Majesties answer returned Articles craved to be incerted among the Canons Reasons why the Articles could not be inserted among the Canons A Proclamation touching the Kings purpose to visit the Countrey The Earl of Marre made Thesaurer A direction for repairing the Chapell The Bishops entreat the stay of some carved pictures upon fear of offence Ann. 1617. His Majesties answer The King refutech to deferre his journey as he was desired A Parliament in Scotland His Majesties speech to the Estates A Trouble in choosing the Lords of the Articles Article concerning his Majesties prerogative in caâ—ses Ecclesiasticall A stir among the Ministers because of the Article The Ministers Protestation The subscrivers of the Protestation Mr. Peter Hewet undertakes the presenting of the Protestation The Clerk of Register commanded to pass by the Article of Prerogative The Bishops warned to meet at S. Andrews His Majesties speech at the meeting The Ministers promise obedience upon permission of a general Assembly Mr. Arâ—hibald Sympson and Mr. David Catherwood committed The King departeth towards London An assembly at S. Andrews The Assembly inclineth to a delay The Commissioners obtain a grant of private Communion The King offended with the Assemblies proceedings writeth to the two Archbishops Another letter to the Archbishop of S. Andrews Letters to the Councell for inhibiting the payment of Stipends Mr. Archibald Sympson put to liberty His inconstancie and change A warrant to proceed with the Commission of Stipends A generall Assembly indicted at Perth His Majesties Letter to the Assembly An. 1618. The five Artiticles concluded Article for kneeling Private Communion Private Biptisme Confirmation of Children Observation of Festivities The Articles ordained to be intimated in all Churches The Earl of Argile falleth from his profession A Comet or blasing Starre Queen Anne dieth Ann. 1619. The Synod of Dordrecht said to have condemned the five articles of Perth The Bishop of Galloway dieth The Bishop of Brichen translated to Galloway A distraction betwixt the Ministers and Magistrates of Edinburgh The disorder pacified Four other Ministers planted at Edinburgh An. 1620. A contribution required for defence of the Palatinate Ann. 1621. A Parliament desired by the estates Sir Gideon Murray his death The Marquis of Hamilton keepeth the Parliament Matters concluded in Parliament The King receiveth great content by the things concluded A Letter from his Majestie to the Bishops A Letter from his Majesty to the Councell The Marquis of Hamilton wronged by a false rumour An. 1622. The Chancellor Seaâ—on dieth Rumors dispersed of Tolerations intended The judgment of the wiseâ— sort His Majesties speech in a Parliament held at that time in England An. 1623. His Majesties directions to the Councell of Scotland The Princes journey to Spain and the occasion thereof The Princes entertainment in Spain The Letter of Pope Gâ—gory the 15 to the Prince The successe of the Match intended with Spaiâ— The Prince returneth to England An. 1624. A trouble in Edinburgh raised against the Minisâ—es The death of Lodovick Duke of Richmond and Lennox An. 1625. The death of Iames Marquis of Hamilton The King much affected with these deaths contracts a feaver and dieth An Epitaph upon King IAMES his death written by the Reverend Divine Dr. Morley C. C. C. Oxon.