tried to provide for afterwards against the like by a new edict it was made capital to disperse libels for defaming any person in that sort and to have keep or read any such that should happen to be affixed or cast into the streets The Earl of Lenox whilest these things were a doing ceased not to solicit the Queen by his letters for taking trial of the murther without delaying the same unto the time of Parliament as she had purposed Particularly he desired the Earl of Bothwell and others named in the libells and placard affixed on the door of the Senate-house to be apprehended and the Nobility assembled for their examination Bothwell perceiving that he was now openly attached did offer himself to triall for which the 12. of Aprill was assigned and the Earl of Lenox cited by the Justice to pursue according to the delation he had made In the mean time to fortifie himself he got the Castle of Edinburgh in his custody upon the Earl of Marre his resignation placing therein Sir Iames Balfour whom he especially trusted The Earl of Marre for his satisfaction had the Prince delivered in his keeping and caried unto Striveling where the Earl then lay heavily sick The Diet appointed for the triall being come and the Court fenced as use is Bothwell was empannelled The Earl of Lenox being called compeired Robert Cuningham one of his domesticks who presented in writing the Protestation following My Lords I am come hither sent by my master my Lord of Lenox to declare the cause of his absence this day and with his power as my Commission beareth The cause of his absence is the shortness of time and that he could not have his friends and servants to accompany him to his honour and for the security of life as was needfull in respect of the greatness of his partie Therefore his Lordship hath commanded me to desire a competent day such as he may keep and the weight of the cause requireth otherwise if your Lordships will proceed at this present I protest that I may use the charge committed to me by my Lord my master without the offence of any man This is that if the persons who pass upon the Assise and enquest of these that are entered on pannell this day shall cleanse the said persons of the murther of the King that it shall be wilfull errour and not ignorance by reason it is notoriously known that these persons did commit that odious murther as my Lord my master alledgeth And upon this my protestation I require an instrument The Justice by the advice of the Noblemen and Barons appointed to assist in that judgement did notwithstanding the said protestation grant process whereupon the Noblemen chosen for the Jury were called These were Andrew Earl of Rothes George Earl of Cathnes Gilbert Earl of Cassils Lord Iohn Hamilton Commendator of Aberbrothock Iames Lord Ross Robert Lord Semple Robert Lord Boyd Iohn Lord Hereis Laurence Lord Oliphant Iohn Master of Forbes with the Lairds of Lochinvar Langton Cambusnetham Barnbowgall and Boyne the Earl of Cassills excused himself offering the penalty which by the Law they pay that refuse to pass upon Assise but could not obtain himself freed the Queen threatning to commit him in prison and when he seemed nothing terrified therewith commanding him under pain of treason to enter and give his judgement with the rest Thus were they all sworn and admitted as the manner is After which Bothwell being charged with the inditement and the same denied by him they removed forth of the Court to consult together and after a little time returning by the mouth of the Earl of Cathnes their Chancellour declared him acquit of the murther of the King and of all the points contained in the inditement with a protestation That seeing neither her Majesties advocate had insisted in the pursuit nor did Robert Cuningham Commissioner for the Earl of Lenox bring any evidence of Bothwells guiltiness neither yet was the inditement sworn by any person and that they had pronounced according to their knowledge it should not be imputed to them as wilfull errour which they had delivered Mr. David Borthwiâ—â— and Mr. Edmund Hay who in the entry of the Court were admitted as his prolocutours askt instruments upon the Juries declaration so he went from that Court absolved yet the suspicions of the people were nothing diminished And some indeed were of opinion that the Judges could give no other deliverance nor find him guilty of the inditement as they had formed it seeing he was accused of a murther committed on the 9. day of February whereas the King was slain upon the 10. of that moneth But he for a further clearing of himself set up a paper in the most conspicuous place of the market bearing That albeit he had been acquited in a lawfull Justice court of that odious crime laid unto his charge yet to make his innocency the more manifest he was ready to give triall of the same in single combate with any man of honourable birth and quality that would accuse him of the murther of the King The next day in the same place by another writing answer was made that the combat should be accepted so as a place were designed wherein without danger the undertaker might professe his name The 13. of April a Parliament was kept for restoring the Earl of Huntley and others to their estates and honours which was not as yet done with the solemnity requisite In this Parliament the Commissioners of the Church made great instance for ratifying the Acts concluded in favour of the true Religion yet nothing was obtained The Queen answering that the Parliament was called for that onely business and that they should have satisfaction given them at some other time The Parliament being broke up Bothwell inviting the Noblemen to supper did liberally feast them and after many thanks for their kindness fell in some speeches for the Queens marriage shewing the hopes he had to compass it so as he might obtain their consents Some few to whom he had imparted the business before-hand made offer of their furtherance the rest fearing to refuse and suspecting one another set all their hands to a bond which he had ready formed to that purpose A few dayes after faigning an expedition into Liddisdale he gathered some forces and meeting the Queen on the way as he returned from Striveling whither she had gone to visit her son he took her by way of rape and led her to the Castle of Dumbar No men doubted but this was done by her own liking and consent yet a number of Noblemen convening at Striveling lest they should seem deficient in any sort of their duties sent to ask whether or not she was there willingly detained for if she was kept against her will they would come with an Army and set her at liberty She answered That it was against her will that she was
hold The other concerned an Ambassage which he intended to send into England For the Parliament he said that he longed to see a meeting of the Estates and would have the time to which it was called precisely observed wishing them all to addrâ—sse themselves thereto in time and to come in a peaceable manner as men disposed to do good and seeking the common profit of their countrey And for the place seeing his own presence was necessary and that he could not conveniently remove from Striveling he desired the Parliament to be fenced at Edinburgh at the day appointed and then prorogated some four or five days and brought to Striveling For the Ambassage he gave divers reasons First that having assumed the government in his own hands he was bound in courtesie to visit the Queen of England and give her thanks for the kindnesse he had received of her in his minority Next that the disorder lately fallen out in the borders for about that time some borderers had entred into England and committed great robberies laid a necessity upon him to clear the countrey of that fact and make offer of redresse Thirdly that he had a private business which touched him nearly his Grandmother the Lady Lennox being newly deceased and he being her only heir it concerned him he said to inquire what her last will was and to see that no prejudice was done to him in his succession to the lands she possessed in England Lastly if they did think meet but this he remitted to their wisdomes he shewed that he could like well to have a motion made of a more strict league betwixt the two Realms during the Queens life and his It grieved the ordinary Counsellours much that the place of Parliament should be changed who therefore laboured to disswade the King from it but perceiving him resolved that way they gave their consents though most unwillingly When they came to speak of the Ambassage to England they acknowledged the necessity thereof but took exception at the league pretending the ancient league with France It was replied That the case of things was much altered from that in former times that England and Scotland had now the same enemies because of their common profession so as for their own safety it was needful they should joyn together in strict friendship and that the league with England might be so contracted as the old amity with France should remain inviolate The King further declared that he did not mean to give power to his Ambassadour for concluding a league wherein he would do nothing rashly nor without the advice of the Estates only be desired the same should be moved and upon the report of the Queens liking thereof that the conditions of the league should be well and gravely advised After long reasoning the matter being put unto voices it was by plurality agreed that the same should be made one of the Ambassadours instructions against which the Earls of Argile Montross and Cathnes the Lords Lindesay and Innermaith with the Commendatary of Deir took publick protestation These things bred a new heart-burning amongst the Noblemen for they took Morton to be deviser of all and that he was craftily drawing back the administration of affairs unto himself which albeit they dissembled for the present brake forth after a few days in an open dissension The Citizens of Edinburgh were much offended with the Kings remaining in Striveling and the remove of the Parliament from their town and as it happeneth in such times of discontent rumors were dispersed that the King was detained captive and was shortly to be sent into England and the ancient league with France dissolved This being in the mouthes of all men and talked of not in corners but in open and publick meetings a Proclamation was given out the sixth of Iuly Declaring the falshood of those rumors and that the same were raised by some seditious spirits that could not live quiet under any sort of government for as to the Kings detention it was known to be most false and that it was his own choice to remain at Striveling attended by those whom the Councel by common consent had appointed for the safe custody of his person And for the Parliament which they said was to treat of the dissolution of peace with their old confederates and to make up new leagues with others there was no such matter it being his Majesties only purpose to have such things intreated in that meeting as might tend to the advancement of Gods honour the safety of his Royal person and the establishment of good laws for the quietnesse of the Realm Whereof if any made doubt they might be resolved at their coming to the Parliament which was now approaching Therefore were all good subjects advertised not to believe those seditious reports nor suffer themselves to be led by such wicked suggestions into rebellion This declaration prevailed little with the most part for the mindes of men were much exasperated And the time of Parliament come the Lords that remained at Edinburgh took counsel not to go thither but to send of their number one or two to protest against the lawfulnesse of it The Earl of Montross and Lord Lindesay were chosen to that purpose who coming to Striveling shew the King the Noblemens excuse and declared all they had in Commission to say wishing his Majesty to prorogate the Parliament unto a better time and make choice of a fitter place But he resolved by the counsel of those that were present to go on and coming the next day which was the 16th of Iuly to the great Hall where the Estates were advertised to meet he made a short speech touching the liberty of Parliaments and the necessity he had to keep one at that time and in that place assuring all persons who had any thing to move or propone that they should have free accesse and receive satisfaction according to Justice After the King had closed his speech the Earl of Montross and Lord Lindesay arose and in the name of the Councel and others of the Nobility adhering to them protested against the lawfulnesse of the Parliament in so far as it was kept within the Castle whither they could not safely repair the same being in the enemies power The King offended with the protestation commanded them to keep their lodgings and not to depart forth of Striveling without his licence which the Lord Lindesay obeyed but Montross the next day early in the morning went away and returned to Edinburgh where it was given out that he had brought from the King a secret direction to the Lords to convene the subjects in Arms and liberate him out of Mortons hands Thereupon a Declaration was published bearing that his Majesty having assumed the government in his own person because of the enormities committed in the time of Mortons Regiment had appointed the Councel to remain at Edinburgh for the better ministration of Justice
to the Parliament of Scotland for the making of their shipping more proportionable in burthen to the shipping of England the better to serve for equality of trade and a common defence for the whole Isle And because it is requisite that the mutuall communication aforesaid be not only extended to matter of commerce but to all other benefits and priviledges of naturall born subjects it is agreed that an Act be proponed to be passed in manner following That all the subjects of both realms born since the decease of the late Queen and that shall be born hereafter under the obedience of his Majesty and of his Royall Progeny are by the Common laws of both realms and shall be for ever enabled to obtain succeed inherite and possess all goods lands and cattels honours dignities offices liberties priviledges and benefices Ecclesiasticall or Civill in Parliament and all other places of the kingdomes every one of the same in all respects and without any exception whatsoever as fully and amply as the subjects of either realm respectively might have done or may do in any sort within the kingdom where they are born Further whereas his Majesty out of his great judgement and providence hath not onely professed in publick and private speech to the Nobility and Councell of both but hath also vouchsafed to be contented that for a more full satisfaction and comfort of all his loving subjects it may be comprised in the said Act that his Majesty meaneth not to confer any office of the Crown any office of Judicature place voice or office in Parlâ—ament of either kingdome upon the subjects of the other born before the decease of the late Queen untill time and conversation have encreased accomplished an union of the said kingdomes as well in the hearts of all the people and in the conformity of laws and policies in these kingdoms as in the knowledge and sufficiency of particular men who being untimely imployed in such authorities could no way be able much less acceptable to discharge such duties belonging to them It is therefore resolved by us the Commissioners aforesaid not onely in regard of our desires and endevours to further the speedy conclusion of this happy work intended but also as a testimony of our love and thankfulness for his gracious promise on whose sincerity and benignity we build our full assurance even according to the inward sense and feeling of our own loyall and hearty affections to obey and please him in all things worthy the subjects of so worthy a Soveraign that it shall be desired of both the Parliaments to be enacted by their authority that all the subjects of both realmes born before the decease of the late Queen may be enabled and capable to acquire purchase inherit succeed use and dispose of all lands goods inheritances offices honours dignities liberties priviledges immunities benefices and preferments whatsoever each subject in either kingdome with the same freedome and as lawfully and peaceably as the very naturall and born subjects of either realm where the said rights estates or profits are established notwithstanding whatsoever law statute or former constitutions heretofore in force to the contrary other â—en to acquire possess succeed or inherit any office of the Crown office of Judicatory or any voice place or office in Parliament all which shall remain free from being claimed held or enjoyed by the subjects with the one kingdome within the other born before the decease of the late Queen notwithstanding any words sense or interception of the Act or any circumstance thereupon depending until there be such a perfect and full accomplishment of the union as is desired mutually by both the realms In all which points of reservation either in recitall of the words of his Majesties sacred promise or in any clause or sentence before specified from enabling them to any of the aforesaid places or dignities it hath been and ever shall be so far from the thoughts of any of us to presume to alter or impair his Majesties Prerogative royall who contrarywise do all with comfort and confidence depend herein upon the gracious assurance which his Majesty is pleased to give in the declaration of his so just and Princely care and favour to all his people as for a further laying open of our clear and dutifull intentions towards his Majesty in this and in all things else which may concern his prerogative we do also herein profess and declare that we think it fit there be inserted in the Act to be proponed and passed in express terms a sufficient reservation of his Majesties Prerogative royall to denizate enable and preferre to such offices honours dignities and benefices whatsoever in both the said kingdomes and either of them as are heretofore excepted in the preceding reservation of all English and Scottish subjects born before the decease of the late Queen as freely soveraignly and absolutely as any of his Majesties most noble progenitors or predecessors Kings of England or Scotland might have done at any time heretofore and to all other intents and purposes in as ample manner as no such Act had ever been thought of or mentioned And for as much as the severall jurisdictions and administrations of either realm may be abused by malefactors by their own impunity if they shall commit any offence in the one realm and afterwards remove their person and aboad unto the other It is agreed that there may be some fit course advised of by the wisdomes of the Parliaments for tryall and proceeding against the persons of offenders remaining in the one realm for and concerning the crimes and faults committed in the other realm And yet nevertheless that it may be lawfull for the Justice of the realm where the fact is committed to remand the offendor remaining in the other realm to be answerable unto justice in the same realm where the fact was committed and that upon such remand made the offender shall be accordingly delivered and all further proceeding if any be in the other realm shall cease so as it may be done without prejudice to his Majesty or other Lords in their Escheats and forfeitures with provision nevertheless that this be not thought necessary to be made for all criminall offences but in speciall cases onely as namely in the cases of wilfull murther falsifying of moneys and forging of Deeds Instruments and writings and such other like cases as upon further advice in the said Parliaments may be thought fit to be added These were the Articles agreed upon which written in their severall scrolls of Parchment were subscribed and sealed at Westminster the sixth of December by the Commissioners of both Parliaments and one thereof presented the same evening to his Majesty by the Earl of Salisbury who in name of the whole number there present having shewed what pains they had taken in that business and how after many conferences they were grown to the resolution contained in that scroll
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
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
is permitted or carry themselves unquietly either in teaching or otherwise at these meetings in that case the Bishop shall discharge the meeting and censure the offenders according to the quality of their fault 7 Considering that laick Elders have neither warrant in the Word nor example of the Primitive Church and that northeless it is expedient that some be appointed to assist the Minister in repairing the fabrick of the Church providing elements to the holy Communion and collecting the contributions for the poor with other necessary services the Minister is to make choice of the most wise and discreet persons in the Parish to that effect and present their names to the Ordinary that his approbation may be had thereto 8 That the Ministers of the Parish be authorized to call before them and his associates so allowed all publick and notorious offenders and enjoyn the satisfaction according to the Canons of the Church or if they be obstinate and contumacious declare their names to the Bishop that order may be taken with them 9 That no Minister be admitted without an exact triall preceding and imposition of hands used in their Ordination by the Bishop and two or three Ministers whom he shall call to assist the action and to the end an uniform order may be kept in the admission of Ministers that a form thereof may be imprinted and precisely followed of every Bishop 10 That the election of Bishops shall in time coming be made according to the conference Anno 1571. and whilest the Bishoprick remaineth void the Deane of the Chapter be Vicarius in omnibus ad Episcopatum perÃnentibus and have the custody of the Living and Rents till the same be of new provided 11 That the Deane of every Chapter convene thereof once at least in the year and take order that nothing pass except they be Capitulariter congregati and that a Register be made of every thing done by the Archbishop or Bishop in the administration of the Rents and safely in the Chapter house 12 That when it shall be thought expedient to call a generall Assembly a supplication be put up to his Majesty for license to convene and that the said Assembly consist of Bishops Deans Archdeacons and such of the Ministery as shall be selected by the rest 13 And because there hath been a generall abuse in that Church that youths having passed their course in Philosophy before they have attained to the years of discretion or received lawful Ordination by imposition of hands do engyre themselves to preach that a strict order be taken for restraining all such persons and none permitted but those that received Orders to preach ordinarily and in publick These directions being exhibited to the Bishops and some principalls of the Clergy convened with them at Edinburgh in February next were approved of all and at the same time was the High Commission published to the great discontent of those that ruled the estate for that they took it to be a restraint of their authority in matters ecclesiasticall nor did they like to see Clergy men invested with such authority The King no less carefull to have all things ordered rightly in the Estate did prescrive the number attendants and manner of proceeding which the Councell should keep in their meetings As that the number should not exceed thirty and seaven at least be present in every meeting that at their admission they should take the Oath of allegiance and swear fidelity and secrecy in matters to be communicated unto them That they should convene twice in the week once every Tuesday for matters of State and once on the Thursday for actions That none should be permitted to stay with in the Councell house but the Lords and Clerks of the Councell nor any solicitations be made within the house but that all should take their places at their coming in and none stand on foot unless they be to answer for themselves and in that case to rise and stand at the head of the table That four dayes absence of any Counsellor in the time of sitting without license from the rest should inferre the loss of their place That if any of the number were denounced Rebell or did not at least once in the year communicate they should be likewise excluded That wheresoever they remained or happened to come if they should be informed of any trouble like to arise betwixt parties they should charge them to keep the peace and if they refused they should command them to enter in Ward the disobedience whereof should be punished as if the whole Councell were disobeyed Lastly to keep their persons and places in the greater respect they were commanded in the streets either to ride with foot clothes or in coaches but not be seen walking on foot With these directions a command was given to inhibit by Proclamation any persons to bear quarrell to another with intention of private revenge requiring those that should happen to be in any sort injured to complain to the ordinary Judge within the space of forty days after the injury committed and insist for justice wherein if they should fail and yet be perceived to carry a grudge towards him by whom they were injured they should be called before the Councell and if they refused to reconcile be punished as despisers of the royall authority and violators of the publick peace In the Isles of Orkney and Yetland at this time were great oppressions by the Earl thereof for which he was committed in the Castle of Edinburgh and the Bishop of Orkney imployed by the Councell to examine the particular complaints This Nobleman having undone his estate by riot and prodigality did seek by unlawfull shifts to repair the same making Acts in his Courts and exacting penalties for the breach thereof as if any man was tried to have concealed any thing that might inferre a pecuniary mulct and bring profit to the Earl his lands and goods were declared confiscated or if any person did sue for justice before any other Judge then his deputies his goods were escheated or if they went forth of the Isle without his license or his deputies upon whatsoever occasion they should forfeit their moveables and which of all his acts was most inhumane he had ordained that if any man was tried to supply or give relief unto ships or any vessels distressed by tempest the same should be punished in his person and fined at the Earl his pleasure These Acts produced by the Complainers and confessed by the Earl himself were by the Councell decerned unlawfull and the execution thereof in all times thereafter prohibited The Clangregore a barbarous and theevish race of people that could by no means be repressed nor reclaimed from their roberies were at the same time ordained to be rooted forth and the service committed to the Earl of Argile who made some beginning and presented certain of the principalls to justice but the neglect of their
with the crown before his death But ere he returned the King was dead and his brother Kinnatellus crowned King This accident troubled Columba and made him doubtful what to do For if he should send Aidanus back he knew not how Kinnatellus would takeit and to go on not knowing how the King stood affected towards Aidanus he held it dangerous After a little debating with himselfe he resolved to hold forward and taking Aidanus in company did present him to the King who against the expectation of most men accepted him most lovingly bidding him be of good heart for he should in a short time inherit his fathers Crown mean while because of his own age and infirmity he committed to him the administration of affairs and designed him his successor After a few dayes Kinnatellus dying Aidanus was crowned King Columba performing the ceremonies at which time he is said to have made a most pithy and eloquent speech exhorting the King to the love of Iustice the Nobles to the observance of Peace the people to obedience and them all to constancy in the Christian profession wherewith the whole Assembly was so much affected as by holding up their hands they did solemnly swear to continue loyal subjects to the King and to be obedient to him as their spiritual Pastor The Coronation ended Columba retired to the Isle Iona for he loved to remain in that place and Aidanus applying himself to order the Estate went through the countries of Gallaway Cathnes and Loqhaber holding Justice-Courts in all these parts and reforming what he found amisse But as no prosperity is lasting it happened in a sport of hunting that some Noble-men falling at discord there was a great slaughter committed the Authours whereof fearing the severity of Law fled to Breudeus King of the Picts and being remanded according to the conditions of the league were after some delayes directly refused Aidanus taking this to heart whilest he sought to recover them by force had his son Arthur Buchannan calleth him Griffin a Prince of great hopes and Brenden his Nephew with divers of his Nobles killed Columba grieved with this accident came to the King and rebuked him bitterly for making warre with his neighbour upon so light an occasion wherewith he is said to be no lesse moved then with the losse he had received for Columba striving to be gone he caught him by the hand and confessing he had been too hasty entreated his best advice and counsel how to repair things But he replying that no advice could redresse the harm that was done the King burst forth into tears Columba fell also a weeping and after a little space said that he would counsell him to make peace which he was content to do at his sight The matter moved to Brudeus he likewise agreed to remit all to Columba who shortly after brought them to be friends But the heart-burning between the two people ceased not which Ethelfrid King of Northumberland a wicked and avaritious man craftily entertained stirring the Picts to make fresh incursions upon the Scots so as Aidanus was compelled to take Arms Columba being advertised of the necessity the King was put to gave order that private supplications should be made for his safety and the overthrow of his enemies which falling out according to their wishes was generally ascribed to Columba his devotion For as the report went in the same hour wherein the enemies were defeated he did call his Collegues together and willed them to turn their prayers into thanskgiving for that the King had obtained the victory yet was the place of the conflict distant from Iona where Columba lived 200. miles at least The year following which was the year of our Lord 603. Columba died being of a good age neither did the King Aidanus long survive him The Irish contend that Columba died in the City of Down and was buried in St. Patricks Tomb and for verifying the same alledge an old Distick which was they say engraven upon the Tomb and defaced only in the dayes of King Henry the eighth Hi tres in Duno tumulo tumulantur in uno Brigida Patricius atque Columba pius But it carrieth no likelihood that Columba being so farre in years would make a journey into Ireland or that Aidanus who loved him so dearly would suffer him to depart whilest he lived It may be that upon some occasion his bones were translated thither yet the pilgrimages made in superstitious times to the Isle Iona for visiting his grave do shew what the received opinion was of his death and burial Kentigern commonly called St. Mungo was famous also at this time and one most familiar with Columba he was the son of Thametes daughter to Loth King of Picts begotten as was supposed by Eugenius the third King of Scots his father not being certainly known posterity not being willing that his birth whom they so greatly esteemed should be in any sort stained gave out that he was born of a Virgin which was believed of simple and credulous people But the reproach which lay upon him that way he overcame by his singular vertues in his yonger yeares being trusted to the education of Servanus Bishop of Orkney he gave tokens of his rare piety for he was in prayer more frequent then yong ones are usually seen to be of a spare diet and so compassionate of the poor as all that came in his hands he distributed among them Servanus his Master loving him beyond others was ordinarily wont to call him Mongah which in the Norish tongue signifieth a deare friend and this way came he to be called Mungo After Servanus death he went to the countrey of Wales in England where living a solitary life he founded a Monastery betwixt the Rivers of Elwid and Edwy They write that in his Monastery there were daily entertained six hundred threescore and three persons of which number three hundred were kept at some manual work within the Monastery other three hundred did labour in the fields and practise husbandry and the rest being appointed for divine service had the day and night divided among them so as one company succeeding to another there were some alwayes in the Church praying and praising Almighty God Having stayed there a few years he resigned his place to Asaph a godly and vertuous man and returning to Scotland he made his abode at Glasgow where he layed the foundation of a stately Church and was therein at his death interred It is affirmed that after he came to years of understanding he did never eat flesh nor taste wine or any strong drink and when he went to rest slept on the cold ground having a stone for his pillow and that notwithstanding he lived thus hardly he did attain to the age of ninescore and five years Many lying miracles have been ascribed unto him but certainly he was a man of rare
betwixt the Queen of Scots and the French King and a year after should employ her best means for and in their defence 2. That her Majesty should send with all convenient diligence into Scotland a sufficient aid of men of warre horse and foot with artillery munition and other instruments of warre as well by sea as by land to joyn with the forces of Scotland for the expelling the French forces presently within that Realm and stopping so farre as may be all others to enter therein in time coming 3. That her Majesty should continue her aid to the Nobility and subjects of Scotland untill such time as the French enemies to the said Realm should be utterly expelled thence and should transact agree nor conclude any league with the French except the Scots and French should be also agreed and the Realm of Scotland left in freedom neither should she leave the maintenance of the said Nobility and other subjects whereby they might fall as a prey into their enemies hands so long as they did acknowledge their Soveraign Lady and Queen and should endevour themselves to maintain their own liberty and the estate of the Crown of Scotland 4. If in case any Forts or Strengths within the Realm shall be recovered out of the hands of the French by her Majesties aid the same shoudl be immediately demolished or delivered to the Duke of Chattellerault and his partakers at their election neither should the power of England fortifie within the ground of Scotland but by the advice of the said Duke Nobility and Estates of Scotland 5. That the said Duke and Nobility as well such as be already joyned as such as hereafter shall joyn with him for defence of the liberty of the Realm should to the uttermost of their power aid and support her Majesties Army against the French and their assisters with horse and foot and all manner of other aid they possibly can make and shall provide victuals to the Army by land and sea and continue so doing during the time her Majesties Army shall remain in Scotland 6. That they should be enemies to all such Scottish men and French as shall in any wayes shew themselves enemies to the Realm of England for the aiding and supporting of the said Duke and Nobility and should never assent nor permit the Realm of Scotland to be conquered or otherwise united to the Crown of France then it is at the present only by the marriage of the Queen their Soveraing to the French King and as the Lawes and liberties of the Realm do allow 7. That if it should happen the French men at any time thereafter to invade or cause the Realm of England to be invaded they should furnish the number of 1000 horsemen and 2000. footmen at the least or such part of either of them as should be required at the charge of the Queen of England and should conduct the same to any part of the Realm of England that should be appointed upon the charges alwayes of the Queen of England And in case the invasion should be made on the North part of England either upon the North of the water of Tyne towards Scotland or against Berwick on the North side of the water of Twede they should convene and gather their whole forces upon their own charges and should joyn with the English power and continue in an earnest pursuit of the quarrel of England during the space of 30. dayes or so much longer as they are accustomed to abide in the fields for defence of Scotland 8. That the Earl of Argyle Lord Justice of Scotland being presently joyned with the said Duke should employ his force and good will when he should be required by the Queen of England for reducing the North parts of Ireland to her obedience conform to a mutual contract which should be made betwixt her Majesties Deputy of Ireland for the time and the said Earl wherein should be expressed what each of them should do for support of others in case either of them had businesse with Macc-o-neale or any other of the Isles of Scotland or Realm of Ireland 9. That the Scots for performance and sure keeping of their part of this contract should deliver such pledges to the Duke of Norfolk before the entrie of her Majesties Army in Scottish ground as the said Duke did presently name who should remain in England for the space of six moneths and be exchanged by deliverance of new hostages for six moneths to six moneths or four moneths to four moneths at the pleasure of Scotland the pledges alwayes being of the like or as good condition as the former and the lawful sonnes brethren or heirs of some of the Earls or Barons of the Parliament and the time of the continuance of the said hostages should be during the marriage of the Queen of Scots to the French King and a year after the dissolution of the same till further order may be had betwixt both the Realms for peace and concord 10. That the Duke and Nobility joyned with him being Earles and Barons of Parliament should subscrive and â—eale these Articles within the space of twenty or thirty dayes at the furthest after the delivering of the said hostages and should procure and perswade all others of the Nobility that should joyn themselves thereafter with the said Duke for the cause above specified to subscrive and seal the same Articles within the space of twenty dayes after their conjunction upon requisition made by them of England 11. That the said Duke and Nobility joyned with him certainly understanding that the Queens Majesty of England was moved to grant the present support only upon respect of Princely honour and neighbourhood for defence of the freedom of Scotland from conquest and not of any sinister intent did by these presents testifie and declare that neither they nor any of them do mean by this contract to withdraw their due obedience from their Soveraign Lady the Queen or yet to withstand the French King her husband in any lawful thing which tendeth not to the subversion of the just and ancient liberties of Scotland for the preservation whereof they acknowledge themselves bound to spend their goods lands and lives This contract of the date at Berwick the 27. of February 1559. was confirmed by the Queen of England and a Patent thereof delivered under the great Seal of England to the Duke and Nobility the Lords of Scotland did in like manner ratifie the same by their subscriptions at the Camp before Leth the tenth of May following How soon the French heard that the Lords were removed from Dysert they marched forward according to their first purpose towards S. Andrews and kept the Coast partly because of the ships which carried their victuals partly by reason of a great snow which then was fallen and made the nearest wayes unpassable After that they had crossed the water of Leven and were come unto Kincraige they espied a fleet of ships bearing up
was that they should be hanged their heads cut off their bodies quartered and cast into the fire A manifold execution which the treacherous Parricide they had committed did well deserve At the opening of the spring the Regent purposing to hold justice Courts through the whole Kingdom made his beginning in the West parts because of some broken people in the Lenox and Highlands adjoyning whilest he remained at Glasgow for the first Court was there affixed the Queen made an escape from Lochlevin to the great contentment of many who stood in fear of the Regents severity or as the vulgar called it cruelty And even some that were the principal workers of her imprisonment having changed their minds did earnestly wish her liberty Lethington who hating Bothwel to the death was enemy to the Queen for his respect as soon as he understood of his arresting in Denmark and saw that he was no more to be feared desired greatly to have her restored as thinking his credit and safety should that way be most assured Sir Iames Balfour followed alwayes his course William Murray of Tulibardin though he had shewed great forwardnesse at the hill of Carberry where the Queen was taken yet being Popishly set upon some private discontents forsook the Regent and carried with him divers of his friendship The Hamiltons were known to desire nothing more then her freedom The Earls of Argile and Huntley howbeit they had been present at the late Parliament and given their assistance for establishing the Kings authority turned their Coats and joyned with the rest for repossessing the Queen and besides these many others some led with hopes of advancement and some trusting to have their distressed estates bettered by a change longed much to have her relieved which by this means came to passe George Douglas the Regents youngest brother a Gentleman of good spirit who remained with her in the Castle of Lochlevin allured by her courtesies and fair promises having corrupted the Keepers although he himselfe upon suspicion was some days before sent forth of the Isle got her transported whilest the rest were at dinner in a little vessel to the side of the lake where he with the Lord Seaton and some horsemen were attending The first night she lodged at Nudrie in West Lothian and the next day was conveighed to Hamilton whither repaired unto her the Earls of Argile Cassils Eglington and Rothes the Lords Sommervil Yester Borthwick Levingston Hereis Maxwell Sanqhuar and Ross with many other Barons and Gentlemen The Lords meeting in Councel the Queen declared that the resignation she had made of the Crown was extorted by fear as likewise the Commission granted for inaugurating the Prince her son qualifying the same by the testimony of Robert Melvile there present and others Thereupon was the resignation decerned void and null and Proclamations made in her Majesties name commanding all the Lieges to meet in Armes at Hamilton for pursuing the rebels that had usurped the Royal authority The news hereof brought unto Glasgow which is only eight miles distant where the Regent then abode were scarce at first believed but within two houres or less being assured a strong alteration might have been observed in the mindes of most that were there attending The report of the Queens forces made divers to slide away others sent quietly to beg pardon for what they had done resolving not to enter in the cause any further but to govern themselves as the event should lead and direct them And there were that made open defection not a few nor of the meaner sort Amongst whom the Lord Boyd was especially noted and in the mouthes of all men for that being very inward with the Regent and admitted to his most secret counsels when he saw matters like to turn he withdrew himself and went to the Queen Yet the Regent nothing discouraged and esteeming his life could not be more honourably bestowed then in the defence of the King albeit many did advise him to retire unto Striveling would not condescend to stirre saying That his retreat would be interpreted a flight and the adversaries thereby animated and his friends disheartened In the mean season he sent advertisement to his friends in Mers Lothian and Strivelingshire The Earl of Glencarn and Lord Semple with the men of Lenox and others well affected to the cause that lay near to the City made haste unto his succourse so as in a day or two his company increased to 4000. and above There was with the Queen a French Ambassadour who had arrived a few days before and moved the Regent for accesse to the Queen before the escape she made he was still posting between Hamilton and Glasgow rather to espie and observe things then to make the peace he pretended for when he saw the Regents forces to be few as at first they were and that the Queens power was much greater he did perswade her to take the fields and put it to the trial of a day which she resolved to do Thereupon warning given to make ready against the next morning the Earl of Argile was proclaimed Lieutenant and conclusion taken to march with the Army by Glasgow towards the Castle of Dumbarton where they pruposed to place the Queen and either to give battel or draw the warre at length as they pleased or if the Regent which they did not expect should meet them in the way to fight him accounting the victory certain because of their numbers The Regent advertised of the Queens intentions took the fields the next day early and stood with his companies some houres in battel array upon the Moore of Glasgow where it was believed the Queens Army should passe but when he saw them keep the other side of the River he directed the horsemen to passe the Foords the water being then ebbed and leading the foot along the bridge went towards Landside which lay in the way to Dumbarton This is a little Village upon the water of Carthe situated at the foot of a hill towards the West on the East and North the ascent unto it is somewhat steep the other parts of the hill are more even and plain both Armies contending who should first possesse it that of the Regents prevented the other by occasion of Argiles sicknesse who was on the suddain taken with a fit of the Epilepsie and so retarded the march of the Queens Army When they approached near and saw themselves prevented they went to a little opposite hill and there ranged themselves in two battels placing in the first their whole strength almost for if they should at the first encounter repulse their enemies the rest they made account would soon disband and take the chace The Regent had likewise put his troops in two battels on the right hand were placed the Earl of Morton the Lords Home Semple and Lindesay with their clients and vassals on the left the Earls of Marre Glencarn and Menteith
whether all they that had taken Armes against the King and not sued for pardon should be forfeited or if sentence should be given against a few only to terrify the rest and hope of favour left unto others upon their obedience Secretary Lethington who did secretly favour the other faction maintained the calmest course to be the best and by the perswasions he used wrought so as the processe against the better sort was continued and some of meaner note only proscribed which was interpreted even as the Regent conceived to proceed of fear and not of a mind to reclaim them The Earl of Rothes only of all the Noblemen of that side reconciled himself accepting three years exile for his punishment Some others of meaner sort the Regent received into favour and such as stood out he pursued by force of Armes making an expedition into the countries of Nidisdale Annandale and the lower parts of Galloway where he put Garisons in the Castles and strong Forts that were judged necessary to be kept others he demolished threw to the ground and had in a short space as it was thought reduced the whole countrey to his obedience if he had not been stayed by other letters by the Queen of England for the offending that he should have gone on in that manner whereas she had willed him to deferre all things till she was informed of the whole cause sent by one of her servants called Middlemore a sharp letter unto him declaring that she would not endure the sacred authority of Kings to be in that sort abused at the appetite of factious subjects and howsoever they had forgot their duties to their Soveraign she would not neglect her sister and neighbour Queen Therefore willed him to direct certain Commissioners to enform her how matters had passed men that could answer the complaints made by the Queen of Scotland against him and his complices which if he failed to do she would restore her to her Kingdome with all the power she could make The Regent took it grievously that matters determined in Parliament should be brought again in question and to plead before forain Judges he held it dishonourable yet considering the adversaries he had the Cardinal of Lorain abroad who swayed all things in the French Court and at home many of the Nobility and that if he did offend the Queen of England his difficulties should be every way great he was glad to yield to the conditions required though against his will Thus it being condescended the Commissioners should be sent when as they could not agree upon the persons the principal Noblemen refusing the imployment the Regent himself offered to undertake the journey and to accompany him choice was made of the Bishop of Orkney and Abbot of Dunfermlin for the spiritual estate of the Earl of Morton and Lord Lindesay for the temporal and of Mr. Iames Macgill and Mr. Henry Balnaves Senators of the Colledge of Justice besides these there went with him Secretary Lethington and Mr. George Buchannan The Secretary had long withstood the sending of any Commissioners thither and simply refused to go in that journey yet the Regent not holding it safe to leave him at home whom he knew to be a busie man and a practiser under-hand with the other party did insist so with him as in end he consented The Commission was given in the Kings name under the Great Seal to the Regent the Earl of Morton the Bishop of Orkney the Abbot of Dunfermlin and Lord Lindesay or to any three of them for convening with the deputies of the Queen of England at York or any other place or places they should think expedient there to make plain and ample declarations to them I keep the very words of the Commission for informing his good sister of the true causes whereupon divers of the Nobility and good subjects during the time that the Queen his Mother was yet possessor of the Crown took occasion to put on Armes to take detain and sequestrate her person for a time with all causes actions circumstances and other their proceedings whatsoever towards her or any other subjects of the Realm since that time unto the day and date of the said Commission or that should fall out untill the return of the said Commissioners whereby the Justice of their cause and honourable dealing might be manifested to the world As likewise to commune treat determine and conclude with his said sister or her Commissioners having sufficient authority upon all differences causes or matters depending betwixt the subjects of either Realm or for further confirmation or augmentation of any treaty of peace heretofore made and concluded betwixt the Realms or for contracting and perfecting any other treaty or confederation as well maintenance of the true Religion publickly professed by the inhabitants of both the Realms as for resisting any forain or intestine power that might be stirred up within the same to disturb the present quietnesse that it hath pleased the Almighty God to grant unto both the Kingdomes in the unity of the said Religion and for increase of amity peace and concord betwixt him and his said sister their Realms dominions people and subjects And generally to do and conclude all things which by them or any three of them should seem convenient and necessary for the premises or any part thereof promising to hold firm and stable c. This Commission is of the date aâ— Edinburgh the 18th of September 1568. In Iuly preceding there was an Assembly of the Church kept at Edinburgh wherein Mr. Iohn Willock Superintendent of the west being elected to moderate the meeting made difficulty to accept the place unlesse some better order was observed then had been in former times for even then the multitudes that convened and indiscreet behaviour of some who loved to seem more zealous then others did cause a great confusion Obedience being promised by the whole number he assumed the Charge And there it was enacted That none should be admitted to have voice in these Assemblies but Superintendents Visiters of Churches Commissioners of Shires and Universities and such Ministers as the Superintendents should chuse in their Diocesan Synods and bring with them being men of knowledge and able to reasâ—n and judge of matters that should happen to be proponed And that the Assembly should not be troubled with unnecessary businesse it was ordained That no matters should be moved which the Superintendents might and ought to determine in their Synods Some Acts of discipline were also concluded as that Papists continuing obstinate after lawful admonitions should be excommunicated and that the committers of murther incest adultery and other such hainous crimes should not be admitted to make satisfaction by any particular Church till they did first appear in the habit of penitents before the general assembly and there receive their injunctions A supplication also was put up to the Regent and Councel wherein amongst other
all the late treaties as however she favoured the Kings party most the other party did never despair of her good will The two Ambassadours having tried the minds of both parties they found them more tractable then they expected and after some travel taken amongst them obtained a cessation of Arms and for the space of two moneths continuing from the first of August to the first of October upon the conditions following 1. That the Regent and all other subjects of the Realm partakers with them in the present troubles should faithfully promise during the said space to abstain from all hostility 2. That before expiring of the said Abstinence the Nobility and Estates should convene and advise upon the best means to establish a final peace and if any difficulty should arise in the said treaty which amongst themselves could not be composed that the same should be remitted to the determination of the most Christian King and Queen of England 3. That the town of Edinburgh should be set at liberty and made patent to all the subjects and no place thereof be withholden or fortified with Garrisons the Castle only excepted which before these troubles arose was accustomed to be kept and guarded with souldiers 4. That all the subjects of whatsoever quality and condition they were should freely converse together without trouble or molestation to be offered them by word or deed excepting such as should be found guilty of the murther of the King his Father and Regents The thieves and broken men of the Borders and Highlands with the disturbers of the publick peace betwixt the Realms of Scotland and England none of which should be comprised in the present Abstinence but remitted to the trial and censure of the Common law and wheresoever they might be apprehended presented 5. And last because there were divers persons who in the time of these troubles had possessed themselves in other mens lands and the tenth whereof in that season were to be collected To the effect no impediment should be made to the peace intended it was agreed that the corns and fruits growing upon the said lands should be gathered and put in Granges or stalked upon the fields and not applied to any private use before the expiring of the Abstinence These Articles were published the first day of August both at Edinburgh and Leth and the same day the Duke with the Earl of Huntley and their followers departed from Edinburgh leaving the town free and patent as was agreed This beginning of peace joyed not a little the good subjects for which publick thanks were given in all the churches and solemn prayers made for the continuance and perfection thereof At this time or much about the same the Earl of Northumberland who had been kept a long time at Lochlevin was delivered by the Earl of Morton to the Lord Hunsden Governour of Berwick and shortly after beheaded at York Hereat many did offend esteeming the fact dishonourable and a discredit to the whole nation others did excuse it by the necessity of the time and the inconvenience that the publick affairs might receive if the Queen of England should be in any sort displeased But so much the worse it was taken that as the rumour went Morton received for his delivery in England a great summe of money and so the Nobleman thought rather to be sold then delivered The next day after the publication of the Abstinence the Regent and Nobility adhering to the King did enter into Edinburgh where the Ambassadours after thanks given them for their pains they had taken were courteously dimitted It was the 27 of September some three days only before the expiring of the Abstinence that the Noblemen â—id meet as was appointed to consult upon the means of a perfect peace Whereupon it was first agreed that the Abstinence should be prorogued unto Ianuary next after that falling to treat of the businesse it self they agreed in many points and even then had made a final accord if the Laird of Grange had not marred the same with his petitions These were as followeth 1. He craved a discharge to himself and all that were in the Castle of all things which they or any of them had committed since the beginning of the troubles and that all Acts Decrees and Sentences pronounced against them either in Parliament secret Councel or before the Justice general and his Deputies might be declared null and of no effect 2. That they should be repossessed in their rooms heritages and possessions without any challenge to be made thereafter of the same by whatsoever person or persons 3. That the heirs of the Lord Fleming the Lord of Wormeston and others who were slain in the Queens cause might enter to their heritage and rooms as though they had never been forfeited 4. That the Castle of Edinburgh should be consigned in the hands of the Earl of Rothes with the whole furnishing munition and rent belonging there to the Captain making an account of the Jewels and other goods which he received with the house As also restoring all the goods of the people of Edinburgh that were put in his custody which he was content to do he being freely discharged of all and secured by Act of Parliament 5. That the Castle of Blacknes should be put in the keeping of some one of their side and the rents appertaining thereto assigned for the entertainment of a Garrison within the same 6. In respect of the great debt he had contracted in these warres he craved the summ of twenty thousand merks to be given him for satisfying his creditors 7. That the Earl of Morton should resign the superiority of the lands of Grange and other lands annexed thereto to be holden of the Crown in all time coming And lastly that the Lords within the Castle might be licenced to go into the Kingdom of France or any other countrey they pleased forth of Scotland and that the Earl of Rothes should be surety for the accomplishment the whole premises These Articles being presented to the Regent and Councel were for the first three judged reasonable but to commit any places of strength to others then those who had constantly adhered to the King they esteemed it not safe and to give him any recompence that was known to be the author of the last troubles they said it would be a matter of ill ensample For the licence craved to those of the Castle to goe out of the countrey they held the petition very suspicious and could not think there was a sound meaning in them that had moved the same yet was it not thought meet to answer him by a simple denial at that time but rather to keep him in hope and appoint a new diet for pursuing the treaty begun Thus by consent the Abstinence was prorogued and the last of Octob. assigned for a new meeting at Perth The delay grieved the Regent exceedingly and as it was supposed partly for this and partly for
sick And being askt what words she used when she called the spirit she said her words was Holla Master and that he had learned her so to do She further confessed That the Earl Bothwel had moved her to enquire what should become of the King how long he should reign and what should happen after his death and that the spirit having undertaken to make away the King after he had failed in performing and was challenged by her confessed it was not in his power speaking words she understood not but as she did take them the words were I l ' est homme de dieu Richard Graham another notorious Sorcerer being apprehended at the same time made the like confession of Bothwel which was the cause of his committing in April following for such curiosities are not thought to possesse the mindes of those that wish well to their Princes and hath proved the cause of many mens ruine In the end of the year died Iohn Ereskin of Dun Superintendent of Angus and Mernis a man famous for the services performed to his Prince and Countrey and worthy to be remembred for his travels in the Church which out of zeal to the truth he undertook preaching and advancing it by all means Before the Reformation his house was to those who in that time were called Hereticks a special place of refuge afterwards such was the scarcity of Ministers that he took upon him the charge and was chosen with the first to have the oversight of the Churches in these North parts which he governed to his death most wisely and with great authority giving no way to the Novations introduced nor suffering them to take place within the bounds of his charge whilest he lived A Baron he was of good rank wise learned liberal of singular courage who for divers resemblances may well be said to have been another Ambrose he died the 12. of March in the 82. year of his Age leaving behind him a numerous posterity and of himself and his vertues a memory that shall never be forgotten Bothwel had not stayed above a moneth in Ward when seducing his keeper he made an escape and thereby increased the suspicion of his guiltinesse whereupon the King gave order to pronounce the doom of forfeiture against him according to the conviction passed in May 1589. and causing denounce him Traitor did inhibit by Proclamation all the subjects to intercommune or keep intelligence with him And lest the proceeding should have been thought too rigorous it was declared in the Proclamation that he being tender in blood to his Majesty and advanced by him to sundry honours and offices had out of his ungodly and unnatural humour after divers slaughters committed by him and overseen taken Armes against the King and practised with strangers for subversion of Religion and endangering his Majesties Crown whereof being convicted in a Justice Court holden in Edinburgh the 24. of May 1589. the doom and sentence was superseded in hope of his amendment And that notwithstanding all these favours he continued in his wicked course and heaping treason upon treason had now at last consulted with Witches and Negromancers for bereaving his Majesty of his life as was manifest by the confession of some that had already suffered and others yet alive who were shortly to be executed and for the same being committed in the Castle of Edinburgh he had broken Ward and thereby taken the crime upon him whereupon the doom which at that time was delayed being now pronounced his Majesty did will all his subjects to acknowledge him for no other but a Rebel and Traitor Bothwell taking the course of all Rebels which is to turn their malice against some about the King laid the blame of all upon the Chancellor and drew together some companies of men as intending to be revenged to him With him the Lord Hume and divers others did joyn but to little purpose for Hume upon better advice forsook him and submitted himself to the King and others following his example used their best means to obtain pardon so as Bothwell was compelled to flee into England with some few that went with him In the Assembly of the Church that convened this summer at Edinburgh fell out a great contest betwixt them and the Lords of Session upon this occasion Mr. Iohn Graham one of the Senators had intended in right of his wife an Action of removing against certain fewars of Halyeards within the Parish of Kirkliston and to bear out the plea suborned a Notary in Striveling called Robert Ramsay to give him forth an instrument that made for his purpose The defendants having offered to improve the instrument did in the mean time upon a private Warrant obtained from his Majesty apprehend the Notary who confessed that the Instrument which he subscribed was brought formed to him by William Graham brother to Mr. Iohn and that he knew nothing of the businesse and being pursued criminally was upon his confession condemned of falshood and executed to the death The pursuer as he was a man bold and impudent to maintain the truth of the instrument did intend Action against Mr. Patrick Simpson Minister at Striveling who had dealt with the Notary to bring him to a confession alledging that he had seduced the man and made him deny the instrument The Minister complaineth to the Assembly and thereupon Mr. Iohn Graham was summoned to answer for the scandal raised upon one of their members He compeiring answered That he would prove what he had alledged before the Iudge competent The Assembly replied That he must qualifie it before them otherwise they would censure him as a slanderer Hereupon was the Lord Provant President with the Lords of Culros and Barnbarrogh two of the Senators sent to desire the Assembly not to meddle in causes proper to their cognition especially in the cause depending before them at the instance of the Lord Halyeards so they styled him against Mr. Patrick Simpson The Assembly answered That what they did was no way hurtfull to the priviledges of Session nor were they minded to meddle in any Civill matter but in the purging of one of their own members they might proceed without the prejudice of the Civill judicatory therefore wished them not to take ill the Churches dealing in the triall of one of their own number The Lords dimitted with this answer Mr. Iohn Graham was called who excepted against the Judgement affirming the cause to be Civil and that the judgement thereof belonged to the Lords of Session primariò in regard the same was depending before them The Assembly repelling the declinatour found themselves Iudges in the cause therefore willed him to say what he could in his own defence otherwise they would give processe and minister Iustice. But he taking documents of their Interloquutor and protesting for remedy of law departed The Lords esteeming this an encroaching upon their priviledges and that upon such grounds all actions that
the custome Mr. Andrew Melvill in a great passion said That he followed the instructions of Mr. John Hamilton his uncle who had poysoned the North with his Papistry and that he was now become 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Northampton asking what he meant by that speech the King said he calleth him the mickle Devill and then foulding up the Petition said I see you are all set for maintaining that base Conventicle of Aberdene But what answers have you to give to the questions I moved It was answered that they had conferred together and finding them to concern the whole Church they would not by their particular voices prejudge the same But you will not I trust said the King call my authority in question and subject the determination of the same to your Assemblies This they said was farre from their thoughts but if his Majesty should be pleased to set down in writing what he required they should labour to give him satisfaction Thus were they dismissed for that time and being the next day called before the Scottish Councell for after this they were no more admitted to his Majesties presence they were enquired whether they had in their publick prayers prayed for the warded Ministers as persons afflicted and sufferers for Gods cause Some of them confessed that they had prayed for them as persons in trouble and distress others that they had commended them to God but remembred not in what words The 20 of October they were again brought before the Scots Councell and had the three questions delivered to them in writing which they were commandâ—to answer severally mean while they were discharged to return into Scotland without his Majesties license and prohibited to come towards the Queen and Princes Court The Bishops and others of the Clergy that assisted them were permitted to return The conference breaking up in this sort matters made worse rather then better his Majesties pleasure concerning the warded Ministers which to this time had been delayed was signified by two severall letters to the Councell and Justice The letter to the Justice was as followeth Whereas in our Justice Court holden at Linlithgow the 10 of Ianuary last Mr. Iohn Forbes Minister of Awford Mr. Iohn Welch Minister at Aire Mr. Robert Dury Minister at Anstruther Mr. Andrew Duncan Minister at Crail Mr. Alexander Straghan Minister at Crech and Mr. Iohn Sharp Minister at Kilmeny were convicted of the crime of Treason for their contemptuous and treasonable declining the judgement of us and the Lords our secret Councell by a Declinatour subscribed with their hands and presented in judgement before the said Lords and that the pronunciation of the doom was upon grave and weighty respects continued till our pleasure was declared We now considering the great insolency committed by them and how dangerous the example of such a fact may prove if it should goâ— unpunished specially since we of our accustomed lenity have given to these declared Traitours more then sufficient time to have acknowledged their offence and made sute for our pardon and that yet nothing hath appeared in them but an obdured obstinacy without any token of resipiscence albeit the greatness of the offence in men of their function whose actions should be patterns of duty and obedience to others hath demerited most justly the extremity of punishment appointed by law yet according to our wonted clemency being willing to dispense with the rigour of law at this time and not to inflict the punishment of death upon them Our will and pleasure is that you affix a Justice Court at Linlithgow or any other place our Councell shall appoint the 23 of October and then cause doom of punishment forth of our Dominions during their naturall lives to be pronounced against the said Traitours After which you shall return them to their wards there to remain for the space of a moneth till they have made their preparations to depart before the expiring whereof if they doe not depart wind and weather serving or being departed shall return unto our Dominions without our licence the ordinary death usually inflicted upon Traitours shall be executed upon them And because this our clemency extended towards these above named may perhaps move others to think that for trespasses of this quality no greater rigour will hereafter be used to remove all such conceits and that notice may be taken of our full determination in the like case you shall in open Court make intimation to all our lieges That if any hereafter shall offend in such an high trespass they shall be punished with all severity and the death due unto Traitours be inflicted upon them with all rigour the example of this our present lenity not withstanding And that it is our will you cause to be recorded in your books of Adjournall and publication made thereof at the Market Cross of Edinburgh and all other places needfull By the letter directed to the Councell Mr. Charles Farum was ordained to be confined in the Isle of Bute Mr. Iohn Monroe in Kintire Mr. Robert Yongson in the Isle of Arran Mr. Iames Irwin in Orkney Mr. William Forbes in Yeteland Mr. Iames Grey in Cathnes Mr. Nathaniel Inglis in Southerland and Mr. Iohn Rosse in Lewis The Justice as he was commanded did keep his Court at Linlithgow and pronounced the sentence and doom in the manner prescribed Messengers were also directed to charge the other Ministers to enter into the parts appointed for their confining and not to exceed the same without licence under pain of death After which a Proclamation was made inhibiting all Ministers to recommend either in their sermons or prayers the persons so sentenced And lest the Iesuits Seminary Priests and others of their faction should presume of any oversight to be given to them because of these proceedings against the seditious Ministers they were in like sort commanded by Proclamation to depart forth of the Realme and all the subjects inhibited to resset or entertain them under the pain of his Majesties displeasure Mr. Andrew Melvill that would not be idle and was still speaking against the Orders of the English Church having dispersed some bitter and scornfull verses against the Rites used in his Majesties Chappell which was brought to the King by one of the Chaplains was called before the Councell of England and charged with the injuring of the State and Church where in stead of acknowledging his offence he behaved himself insolently and more like a mad man then Divine for which he was committed in the Tower of London There he remained three years and more and afterwards upon the Duke of Bulloign his request was sent to Sedan where he lived in no great respect and contracting the Gout lay almost bedfast to his death Whilest I am writing this there cometh to my mind the hard and uncharitable dealing that he and his faction used towards Patrick sometimes Archbishop of St. Andrewes who not content to