[Portrait of the Earl of Rothes.]












I venture to hope that the Work which I have the honour to present, as my contribution to the Club, may be generally acceptable to its Members. It embraces a short, but very interesting and eventful period of Scottish History; and the conspicuous part which its noble Author performed in the public affairs of the kingdom, by which he was enabled to observe all the private and confidential passages of the transactions of the time, entitles the following narrative to be regarded as a source of genuine and authentic information. In its manuscript state, the Earl of Rothes' Relation has been referred to by several Historians;—in particular, by Mr. Malcolm Laing, in his History of Scotland, by Mr. George Brodie, in his History of the British Empire*, and by my accomplished relation and much-valued friend, Dr. Cook, in his History of the Church of Scotland.

Of the noble Author it would not become me to say much. His life is, indeed, matter of history. But I may be permitted to observe, that his Lordship was the fifth Earl*, and was born in 1600; served heir to his grandfather, Earl Andrew, in 1621, and was the father of John, the sixth Earl, who, in 1667, was promoted to the office of Lord High ii Chancellor of Scotland for life, and on 29th May, 1680, was created, by patent, Duke of Rothes, Marquis of Ballinbreich, Earl of Leslie, Viscount of Lugtown, Lord Auchmutie and Caskieberry.

According to the Peerage*, the Author was a nobleman of popular talents and persuasive eloquence, fertile in expedients, but of a disposition prone to levity and addicted to pleasure. He was one of the leaders of the opposition to the measures of Charles I. in the Parliament 1633, when he asserted that the votes were erroneously reported, and he warmly embraced the Covenant. He married Lady Anne Erskine, second daughter of John Earl of Mar, who predeceased him*. They had an only son (the Duke) and two daughters, the elder of whom, Lady Margaret, was successively, Lady Balgonie, Countess of Buccleuch, and Countess of Wemyss, and had issue by all her husbands. Lady Mary*, the younger daughter, married Lord Montgomery, afterwards Earl of Eglinton, and also had issue.

Of Lord Rothes' History the original manuscript is not known to be preserved; but one which has been described as such, along with four other manuscript copies of it, have been used in preparing this work for the press. A brief description of these manuscripts will be found in the Appendix; and I am gratified in having it in my power to express my obligations to the Curators of the Advocates' Library for the free use of four of these manuscripts. The fifth, which was communicated by my much-respected friend, the learned Vice-President of the Club, is now also deposited in the same Library. I have likewise pleasure in stating how much I am indebted to my friend, Mr. D. Laing, Secretary of the Club, for the great care with which he has collated the various manuscripts, and for his kindness iii in relieving me of the details of the publication, for which my professional avocations ill fitted me.

To the Secretary, also, I am indebted for the articles and notes which form the Appendix, with the exception of the communication contained in it, which I owe to Mr. Madden of the British Museum, for whose attentions in directing and aiding my researches in that Institution, I feel grateful.

Desirous to adorn my volume with a Portrait of the Author, I directed my enquiries with that view in various quarters; and I am proud to acknowledge the readiness with which the Earl of Breadalbane acceded to my request, made through the medium of my friend Mr. Charles Baillie, (Mellerstain,) for the use of a Portrait, in his Lordship's Collection at Taymouth Castle. As this Portrait, however, from its date, was supposed to be the likeness of John, afterwards Duke of Rothes, mentioned by Pennant*, my attention was next directed to Leslie House; and for the purpose of inspecting the family Portraits there, I was kindly accompanied by the Secretary. We were fortunate enough to find, in that large collection, at least two genuine portraits of the Author. One of these, a full length, in antique dress, according to the inscription, was painted by Jamesone in 1625, when his Lordship was twenty-five years of age—undoubtedly a curious picture; and there is a companion to it of his lady, Anne, Countess of Rothes, and two of their children; but these pictures unfortunately have been much injured, probably at the time when the house was destroyed by fire in 1763*, as pictures of so large a size would not be easily removed. The second Portrait, which may also have been painted by Jamesone*, is in iv better preservation, and a more pleasing likeness, and probably represents his Lordship in the year when he died. But we preferred the earlier Portrait, as, on examining the other, we observed these initials,

    I     R. Æt. 42

which might appear to throw some doubt on its genuineness, as his Lordship certainly died before September 1641, aged 41*. But from whatever cause such a singular mistake might have arisen, (as the letters appear to be of the same age with the picture,) there is too great a resemblance between this and the full-length portrait, to leave any serious doubt as to the person represented*. A miniature portrait of the Author was also shown to us, as bearing some resemblance to the one dated 1642, but without any mark or name to identify it, or from which the date of its execution might be ascertained.

Having obtained the permission of Lady Mary Leslie to copy the full-length picture, (and to her Ladyship's affability and kindness we were much indebted while examining the extensive and interesting series of family pictures preserved in Leslie House,) I sent over a Portrait-Painter, from whose copy the Engraving prefixed to the volume has been made.

I owe it to myself to add, that I went to press within a week of my admission as a Member of the Club, and that the great delay in the publication of my volume has been occasioned by circumstances over which I had not any control.

J. N.

Picardy Place, August, 1830.

[Fac-simile of a letter from The Earl of Rothes to one of the Lords
of the Privy Council, concerning this book.]


Heir followes ane Historicall Informatioune of these Proceidings to the 21st December 1637, which was divulged; wherewith ar inserted some private Passages which ar not in the Informatioune, but put in for the Owners private use.

Since the re-entering of Bischops in this kingdome, they have still neglected the observatione of the caveats and conditions taken of them by the Generall Assemblie, which they purposlie omitted out of their Ratificatione in Parliament; and haveing encroatched so by degrees, as they have obtained ane uncontrolable dominione over the church, by censureing at their plesour in judicatories not allowed by the lawes of this state, and being comptable to no other judicatories bot Generall Assemblies, which they have alwayes corrupted or supprest, or any appeall from them allowed to the subjects grieved; yit did they exercise this power sumwhat spairinglie (altho by encreasing degrees), onlie in sum few persones and single constitutions. This doeing by piece meale did make the same more comportable to the subjects (altho' they had sum difficult patience to endure these intermitted blasts), till they lowsed the flood of illegall violence, to overflow the truth 2 of religione and liberties of the subjects; first, by printing and setting forth the Book of Canons and Constitutions for the government of this Kirk, a fitt preface for the Book of Comone Prayer, (promiseing the same, and appoynting none to speake against it), which, following efter, was composed by the knowledge of bischops, The Kings letter, 18 October, 1636. and commandit by his Majesteis letter (18 October 1636) to be practised through the kingdome, as the onlie forme of Gods publict worschip, and that, upone the counsell of the bischops, called the clergie. Proclamatione, 20 October. Heirupone followed a Proclamatione, the 20 October, 1636, for the establisching of it, and the buying of two for the use of ilk paroche by the ministers therof, under the payne of horneing. Sum of the framers of this popisch book and their followers had asseyed the mynds of the people by many unsound sermons, by poynts of divinitie taught in the schoolls for infecting the youth, by fals tenets in the ordinarie discours, and cherrising and preferring such as followed that course, opposing and dishartning such as wes repute fitt for places in the church for learning and pietie. The patient tolleratione of all these made them apprehend their project ryper then it proved, and not to think on the least oppositione, especiallie haveing obtained the authoritie of the Counsell for the practise of the said book, thoghe that meiting of Counsell was rare and chosen expresslie for the purpose, ilk one begining to repyne, and apprehend the greatnes of that change to be scarslie comportable. This book, long keipit up in misterie, begane to be discovered als soon as published and put to seall. The Bischops, not yit apprehending how much the people abhored poperie, did enjoyne the practise of the book in their severall synods; and the Bischop of Edinburgh (who had given to some of his ministers whill the next synod to examine it) did resolve, within a fortnight therefter [the first practise] of this new peice of episcopall begetting, by himselfe, in the great church of Edinburgh (the 23 July, 1637. principall citie in this land), on the 23 July last. The lyke was intendit in other churches in that toun, efter publict intimatione (yit without a publict determinatione of any particular day for practise) by the ministers on the Sabboth preceding. These people, formerlie patient under all uther new devyces that wer brought in by degrees, wer unable to bear at ane instant so great a 3 change as appeired, in the mater, to those of best understanding, and, in the maner and forme, to the weakest, even to change the whole externall frame of Gods publict worschip formerlie practised. This alteratione of religione appearing so sensiblie to the hearts, eyes and ears, (the greatest cause under heaven of discontent,) the unwarrantable introductione thereof, and superstitious mater contained therin, the fear that their own lawfull service once dispossessed wold hardlie be repossessed, and that new illegall service being permitted to take footing and possessione it wold hardlie be removed, and the means of remedie seiming to be closed up from the Magistrats who had consented, from the Bischops who wer repute authors, from his Majestie, by whose authoritie abused it was imposed, and betuixt whose favour and them flood a great many misinformers, whose conditione preferred them to better hearing and trust, made sum out of zeall, sum out of griefe, and sum from astonishment at such a change, vent their words and cryes, that stayed the said service to be red that forenoon. Sum Bischops and Ministers, efter the ordinarie time of divyne service in the efternoon, returneing privatlie, and with closed doores intending the practise therof, as it wer by possessione to give lyfe and being to that unlawfull service, provocked a number of the Commons (who believed that Service to be Masse, which they had alwayes bein taught by the lawes of the countrey and sermons of their pastors formerlie to distaste and resist) to cry out, and, it is alledged, to throw stones at the Bischops. Bot when, for the tryall therof, the Magistrats of the toun, the Bischops themselves, and the Lords of the Secret Counsell, conforme to their Proclamatione Proclamatione, 24 July. at Edinburgh, 24 July, 1637, (wherin the Bischops procured the paine of death, without all favour or mercie, to be denunced against all those who sall any wayes raill or speak against any of the Bischops, or any of the inferior clergie, or against this Service-book) had taken great paines, keiped many dyets, and examined all parties suspected, they could find no relevant probatione therof; so that the Magistrats of the toun wer permitted by the Counsell, upone the Bischops warrand, to set at libertie sindrie persons, whome they upon suspitione had imprisoned. On the same day, the Ministers and reiders of 4 Edinburgh, who denyed to use this book, wer discharged their wonted service; and the publict morneing and evening prayers, reiding of scripturs, [and] singing of psalmes wer interdyted for a long tyme.

The Bischops called befoir them Mr. Andrew Ramsay and Mr. Harie Rollok, tuo of the speciall Ministers of the toun, who refuised to reid the book, and they silenced them; also did inhibit the ordinarie morning and evening prayers customable in Edinburgh since the Reformatione (which was the Bischop of Ross' motione); and deposed the ordinarie reader in the great kirk, Mr. Patrick Hendersone, who hath bein ther these many yeirs. Service-book red in sum places. Altho this was refuised in Edinburgh, yit did sundrie Bischops establisch it at their speciall residence and cathedralls, as the Bischop of Ross in the Chanrie, Brichen at the kirk of Brichen, Dumblane at Dumblane. It was not fullie practised at St. Andrewes; onlie a few of the prayers wer red by the Archdeacon, and, haveing no assistance, left the same, efter a months practise of a pairt of it onlie. The minister of Brichen, Mr. Alexander Bisset, wold not practise it; bot the Bischop red it by his owne servant. At Dumblane, the ordinarie minister, Mr. Peersone, a corrupt worldling, red it; and being enjoyned by the Bischop to reid it thrie Sabboths without preaching, and preached the fourt, which the said minister practised a whyll; that being a tenet held and vented by the bischops these five or six years past, that there was too much preaching in the land, and people did bot loath it when it was too frequent: Yitt the said Peersone, efter consideratione of the general dislyk of the Service-book, at a meitting of the small barrens of Stratherne, did subscryve the Supplicatione against the Service-book, as laird of Kippenross, which he had practised as minister of Dumblane. At Chanrie it was red by one appoynted by the Bischop. And except these places, it was not entered nor practised in no place in Scotland; except Doctor Scrimgour at St. Phillens red it, and nether being dexterous, nor having any to assist him, as it begane to be discountenanced, he dishaunted it. Also in Dingwall in Ross, be one Mr. Murdo M'Kenzie, under censure for divers haynous and foull crymes, [who] practised the same, to obtain remissione of his offences. Certane prayers therof wer also red in the New Colledge 5 at St. Andrewes, sum of these that ar not of themselves corrupt, thogh joyned with the rest; and this obedience given by that fearfull man Doctor Howie, who hath fallen back from the trewth of his first professione. The gift of printing and selling the said books was obtained by the Bischop [of] Ross. The same was gainstood, and was thoght fitt each bischop should have the buying of such as served their owne dioceis.

Act of Counsell for the Service-book, 13 June. On the 13 June last the Bischops had obtained ane other Act of Counsell, ordaining all the Ministers in the kingdome to buy two of the saids [Service-]books for the use of their paroches, under the payne of horneing, upone a false narratione that the learndest and soundest ministers had embraced the same, and sum only refuised out of curiositie and singularitie. Sum ministers in Fyffe, and in the West, about the 10 August, wer charged to buy the saids books. These in the countrey, who had been formerlie quiet till they wer picked out by persuite, did forbear to appear in any multitudes.

Supplicatione of Ministers, 23 August. Bot the Ministers charged did appear in Counsell the 23 August following, wher they gave in a Supplicatione to the Lords of Counsell for a suspensione; becaus this said book wanted the warrand of the Generall Assemblie, the representative Kirk of this kingdome, which hath onlie power, and was ever in use to give directione in maters of Gods worschip; and wanted the warrand of Parliament, which hath bein ever thoght necessar in such caices; becaus the liberties of the Kirk of Scotland, and forme of worschip receaved at the Reformatione, ar established in Generall Assemblies and ratified in Parliament, and in continuall possessione since; and becaus the book inforced departeth from the worschip and reformatione of this Kirk, and in poynts most materiall doeth draw neir to the Kirk of Rome, which, in supperstitione, heresie, idolatrie, tirranny, is als Antichristiane now as ever scho was; with a great many moe reasons. They gave informatione to the Counsell, schewing that book destroyed both doctrine and discipline establisched in the church in sundrie poynts. Ane nomber of letters wer written by noblemen and gentlemen (to whose knowledge the reasons of that fear reached) to the Lords of Counsell, wherin they remonstrate both the evills in the book, and the illegall introductione therof, believing that 6 advertisement sould have bein sufficient to have procured the suppressing thereof. Act of Counsell, 25 August, anent buying the Service-book. Counsells letter to the King. The Lords of Counsell, the 25 August, made ane Act, declairing the saids letters of horneing to extend allenarlie to the buying of the books, and no further; and did writ ane letter to his Majestie, shewing their willingnes to have given their concurrence to the Lords of Clergie for establisching the Service-book; that notwithstanding of the tumult occasioned by the rascall people, they wer hopfull to have brought it to practise, bot wer, at meiting of the Counsell, August 23, far by their expectatione, surprysed with the clamors and fears of many subjects from divers corners of the kingdome, even those who formerlie had lived obedient to the lawes, both civill and ecclesiasticall; that they found this to be a mater of so heigh importance, as they durst neither conceale it from his Majestie, neither dyve further in the cause of these fears nor remedies therof, till his Majestie sould prescryve the way, efter heiring particulars, either by calling sum of the Counsell Clergie and Laytie to his presence, for taking course to pacifie the present commotione, and establisch the book, or utherwayes by such other means as his Majestie out of his great judgement sould think fitt; and that they had appoynted the 20 September for attending his Majesteis answer.

Sum and substance of Noblemens letters to Counsellers. The letters written by the noblemen and gentlemen to the Counsellers, 20 August, signified the generall regraite of these books, which was introduced without consent of the Church, which was the Generall Assemblie or Parliament; expressing the manifold errors in the book, which did quyt subvert both the doctrine and discipline of that professione we had receaved and long practised, and which wes allowed by the lawes of the kirk and state, and ratified by his Majesteis Father and himselff in severall Parliaments; desyreing the Counsell might stay any further enjoyneing therof, or any executione upone the charges given to ministers to buy it and use it, till their Lordschips sould receave further informatione wherby they might judge of the book, and be able to informe his Majestie; expressing, if they took not this course, all wold generallie refuse it, and numerouslie and confusedlie petitione his Majestie, breid a generall exclamatione and suspitione of the Counsells cair, and diminische the peoples respect to his Majestie, which sould be 7 cairfullie cherrished. The Lords of Counsell receaveing the letters, and being solicited by the said ministers that were cited, and sum noblemen present in towne, the Bischops wold gladlie passed by the said petitions, being remembred be sum. The Chanceler told, ther was onlie sum few ministers and tuo or thrie Fyffe gentlemen in toune, and what neidit all that sturr? Sum of the noblemen (Southesk) told, that if all ther pockets wer weill ryped, it wold be found that a great many of the best of the countrey resented these maters. Wheron the Chanceler wold onlie have looked sum of the petitions that wer worst exprest; bot Roxburgh named St. Andrewes presbitrie to be red also, which spoke most freilie. And the Counsell thinking the mater of great importance and much taken to heart, did cleir the former Proclamatione, and writ to his Majestie.

20 September. At this appoynted meiting of the Counsell, the rumor that the Duik of Lennox (who was occasionally present, in his returne from Paslie towards court) had commissione from his Majestie to establisch the Service-book, and the great discontent that thrie or four bischops and ministers (efter such considerable advertisement given to the Counsell,) had begune the practise of the book in sum churches, did move sum 20 Noblemen, and a great many of the gentrie nearest adjacent, with about four or five scoir of ministers, and certane burrowes, to resort to Edinburgh. This whole number drew a Supplicatione of Noblemen. Supplicatione, and did present the same to the Lords of Counsell; the tennor wherof is heirto annexed. This Supplicatione the saids Lords receaved. The Kings letter to the counsell. They also receaved the answer of their Letter to his Majestie the 25 August, the which did show some discontent at the propositione of their comeing up; bot did appoynt a sufficient number of the Counsell to attend at Edinburgh dureing the vacatione tyme, for settling the Service-book; schew discontent, both at the Counsell and Citie of Edinburgh that suffered it to goe out of practise efter the first Sunday it was red, and that delinquents who wer accessorie to the tumult that day wer not censured; appointed each Bischop to caus reid it in his diocies, as the Bischop of Ross Act of Counsell. and Dumblane had done in theirs alreddie. The said day the Lords of Counsell made ane Act, appoynting seven of their number to attend constantlie 8 dureing the vacatione tyme, the Chanceler and Thesaurer being alwayes on; supperceiding answer to the Supplicatione given in by the Noblemen, till his Majestie, after due consideratione, sould signifie his gracious pleasure, wherwith the Petitioners sould be acquainted tymouslie. Intimatione was maid heirof judiciallie to the Earles of Sutherland and Weymes, in name of the rest of the Petitioners. And the Petitione from the noblemen, &c. with other two petitions, and ane list of 66 more, (which wer delyverit to the Counsell that day,) wer sent with the Duke of Lennox to his Majestie from the Counsell, desyreing him, as ane eare and eye witnes, to represent the Counsells letter to the King. state of the busines. The saids Lords gave answer also to his Majesteis letter forsaid, daittit the 10 September, and receaved the 20; promising their dilligence for establisching the Service-book; schewing the numerous confluence of all degrees and ranks of persons, humblie supplicating for opposeing the receptance of the Service-book, as by sixty-eight Petitions, with one in name of the Nobilitie, which may cleirlie appear; one wherof is from the exercise of Auchterairder, in the dyocie of Dumblaine: all resolving in one alledgance, that the Service-book enjoyned is against the religione presentlie profest; that it is unorderlie broght in, without the knowledge of Parliament or Generall Assemblie; that it is disconforme to the service used in Ingland; which the Petitioners undertook to qualifie.

Names of Nobleman Supplicants. Ther wer present at this meiting, of the nobilitie, Sutherland, Rothes, Cassells, Home, Louthiane, Kinnoull, Weymes, Dalhousie, Lords Montgomerie, Fleeming, Lyndesay, Elcho, Yester, Sinclair, Loudon, Balmerinoch, Burley, Dalziell, Cranstone, Boyd; with a great many barrons, speciallie out of Fyff, none almost being absent: and the West pairt sent all commissioners, some out of each presbitrie, divers out of other places, few out of Angus, above 80 or neer 100 ministers, the whole presbitrie of Stirling being present, and had avowed never to receave that book, except one or tuo; also some of them befoir had not been adverse to the Articles of Perth. Many who had formerlie given way, and practised these, begane now to distaste them, and suspect the former course was bot a preparatione to this, as this book is for poperie itselfe. All the noblemen met at my Lord Weymes lodging, in one 9 Aikman's, wher they resolved to draw a Petition for the Counsell; 2. To attend the Duke of Lennox, be ranking themselves over against the entrie to the Tolbooth, and to attend him; 3. Particularlie to speak to him, such as had any interest or acquaintance, for being a good instrument betuixt his Majestie and his faithfull subjects in this countrie. When the Duke came up the way, the ministers wer all Gentrie and ministers ranked at the Dukes comeing up the way. ranked betuixt the Croce and Gentrie and the Lukinbooths, on the south side of the gait; the nobilitie and gentrie all ranked on the north side, over against the said Lukinbooths, even till they reached up forgainst the stinking styll, saluteing the Duke very low. They attendit all the forenoone, giveing in their Petitione; bot gott no hearing, the Counsell comeing out at tuelve a-cloak. The Duke went to dinner in the Abbay. The Petitione given in was againe reteired from the clerk, not being touched nor red; and was by the Earle of Supplication mendit. Rothes caried downe to the Thesaurer to look on it, who drew a great deall of it, which requyred Bischops to concurr with the petitioners in the Remonstrance to his Majestie, and made it very smoothe. He wold not advyse us to irritate any; wherupone it was of new drawne, according to the copie writ in the book, marked Given the 20 September. The Thesaurer came up the way without the Duke, at half thrie efternoone, the noble men, ministrie, and gentrie being in that same order they keipit befoir noon, and waiting upon the Thesaurer into the Counsell hous. He reteired with the Chanceler, uther bischops, and uther counsellars, into the banqueting hous within the Counsell house, wher they stayed ane hour and ane halfe; sent for the Duke, who comeing, they usched the hous. The Earle of Sutherland presented the Supplicatione to the clerk, and desyred it might be red. The noblemen reteiring to the Laich hous, where the Justice sitts, awaited the Counsells answer; who delaying till immediatlie befoir their rysing, called in Sutherland and Weymes, and told, the Counsell had taken their Petitione to consideratione, and sould recommend it, and send it to his Majestie with my Lord Duke, who could trulie declair everie thing. These two noblemen comeing backe to the rest, and declairing this answer, the rest of the noble men desyred them to returne to the Counsell, and intreat they might be 10 advertised at the returne of his Majesteis answer; nixt, that no novatione sould be pressed any wher untill the returne of his Majesteis answer: Bot the Counsell had risen befoir they could returne, who had determined to send the generall Petitione from the whole above written, with tuo or thrie other such.

Rothes conferred with the Chanceller; The Earl of Rothes, before he parted, went to see the Chanceler; who falling in discourse of the book, disapproved the same, as unorderlie broght in and unsound. The Chanceler denyed it was unsound, and desyred ane instance. He instanced, anent the Communione, and anent Baptisme, wher it declairs Infants baptized to be regenerat. The Chanceler alleadgit it was worse interpret then was reason; and, laughing, said, the Bischop of Dary, in Ireland, had receaved one from him, who declaired himselff greived that Scotland should have prevented Ingland in such a work; and that the Prince Tutor had commendit it; both declaireing ther was not such a Liturgie since the first 600 yeirs efter Christ. Rothes told, that Dary was repute the most unsound man in Ireland, a great Arminiane, as the Prince Tutor was thoght in Ingland; and that it was the worse of any of their testimonies, or the Bischop, of Canterburies. Wherupone he laughed, caring litle of the caus of just griefe was in the land, and said, What neidit this resistance? If the King wold turne papist, we behoved to obey: Who could resist Princes? When King Edward was a protestant, and made ane reformatione, Queen Mary changed it; and Queen Elizabeth altered it againe; and so ther was no resisting of princes; and ther was no Kirk without trubles. Rothes said, They gott it soon changed in England: the tuo professions wer neir equally divydit; bot ther was few heir to concurr to such a change, all being reformed, and wold never yield: Nixt, the reformatione of England was not so full as that of Scotland, and had not so much law for it: It was bot halfe reformed. And so speaking bot slightlie of these maters, they sundered. The Earle of Rothes being in the Dukes lodging that morning the Duke departed, and taking occasione to tell a jest, wherin one had forgiven another and desyred fair play in tymes comeing, he desyred the book might be abolisched and fair play in tymes 11 and with the Bischop of Edinburgh. comeing. The Bischop of Edinburgh said, it was mistaken, and was not so ill as it was called, and asked what was the faults he found in it. He told, if he had the book he wold demonstrate many; bot remembered one anent the Communione, that it had rejected that expressione used by all reformed kirks, which shew Christs presence to be sacramentall, and had assumed that expressione only contained in the Missall of Salsburie, wherin the papisticall error stands: wheron the Bischop said, it was no tyme to reasone. The Committie of Counsellers appoynted for establisching the Service-book did endeavor the same by all means; notwithstanding that, first by privat letters, nixt by publict petitions and informations of so many of the nobilitie, gentrie, ministrie and burrowes, they were advertised of the unsoundnes and illegall introductione therof; which did extreamlie grieve not only the bodie of the Toun, and the whole inhabitants attendants upone the Sessione, and uther ordinarie residents ther for their laufull affairs: bot also most of the nobilitie, gentrie and other burrowes of the land, finding that if their owne laufull service once dispossessed, it wold be hardlie repossessed ther; and if that popish service sould get once footing or possessione ther, it could be the more hardlie removed, and wold nixt be forced upone other burghes, and so by degrees upone the whole countrie. This made all to cry out and except against Edinburgh; [and] distractione begane to increase in that citie, becaus the Magistrats had never shewne their dislyke of that book, The Toune of Edinburghs letter to my Lord Stirling; as the rest of the countrie. Efter the first resistance of the same, the Magistrats did writ a letter to my Lord Stirling, shewing, they wer bot rascalls who [had] opposed; and as for them, as they have bein always obsequious, so wold they still be in this or any service his Majestie wold recommend them. Nixt, at a meitting with the Thesaurer and some bischops, they had offered increase of mantainance to their second ministers for reading of the and to the Bischop of Canterburie. book; and upone the ministers refuisall, did writ to the Bischop of Canterburie, schewing their willingnes to offer good means above their power to such as wold undertake the service, and giving assurance of obedience on their pairt in this purpose, or in any other purpose wherin they might contribute to advancement of his Majesteis service; promising to account it ane 12 accumulatione of favours, if his Majestie, by the Archbischops means, sould be pleased to rest assured of their obedience. For the which assurance of their obedience, and their offer to undergoe the charges to their second ministers, the Archbischop of Canterburie, in his answer to their former letter, doeth thank them heartilie, both in his Majesteis name and in his owne. So the laid offer and these tuo letters appearing, to signifie the Magistrats consent to the Service-book, begat great occasione of suspitione of them; yit, by the importunitie of the whole body and inhabitants of the toun, concurring all in one minde and one voyce that they could never receave the Service-book, and many powerfull informationes from the countrie, the said Magistrats begane to find it necessar, for the good of religione and peace of the countrie, and weilfare of the toun, to petitione against the said book. Wherupon, in the name of the Toun, they gave in to the Committie of Counsell ane Supplicatione, Edinburghs petitione to the Committie; humblie craving they might be in lyk caice with the rest of the kingdome, and the Service-book not to be pressed on them untill the Kings answer wer returned. Which Supplicatione (efter that the narrative therof was mendit by the Archbischop of St. Andrewes, who wold not suffer the ministerie to be called the Clergie, as ane name, onlie proper and reciprocall to Bischops) the Committie did accept it, and promised to send it up to his and Second letter to Canterburie. Majestie, and report his answer againe the 17 October. Wherupone the Magistrats of Edinburgh, in the answer to the Bischop of Canterburies letter, schew, that wheras they had written of befoir anent the Service-book, the dutifull and obedient resolutions, not onlie in themselves, bot in the greatest and best pairt of the inhabitants, of whom from tyme to tyme they have taken most confident assurance; bot since their last, by innumerable confluence of people from all the corners of the kingdome, at two Counsell dayes, such things were suggested to their poor ignorant people as had rased that which by continuall paines they had imprinted in their mynds, and had diverted them altogether from their former resolutione; so that they wer forced to supplicat the Lords of Secret Counsell to continue them in lyk estate as the rest of the kingdome; bot that they wold not forbear to doe their masters service to their power; and that they sould studie to 13 reimprint in their mynds their former resolutions, which had bein taken away. In the lyk tennour, and to the same effect, and of the same date, they writ a letter to my Lord Stirling.

17 October 1637. The rumour of that day of the 17 of October, appointed for answer of the Supplications of Edinburgh going throw the countrie, made a great number of nobilitie, gentrie, [ministerie and] burrowes resort thither at that tyme, in expectatione of ane answer to the commone Supplicatione sent long befoir. At which tyme, diverse of the supplicants did solicite the bailyies, counsell and people of Edinburgh to choose commissioners to joyne with the rest of the countrie in the commone Supplicatione for keiping out the Service-book. They propose the mater to the Provest. He dislykit the conjunctione, bot [yet] appoynted to meit at their counsell the nixt day. That Proclamatione discharging the Supplicants off the Toune within 24 hours. same day, at night, Proclamatione was made at the mercat croce, dissolveing that meitting of counsell, in so far as concerned the maters of the Church; and ordained ilk one that was come to attend that bussines to returne home within tuentie-four hours, under the payne of horneing; which was done by warrand of his Majesteis letter to this effect, daitted the 9 October. The whole people and inhabitants in Edinburgh wer now very sensible of the corruptions of that book, which had bein pressed on them by the Committie efter publict discoverie of its unsoundnes, and found their Provest unwilling they should joyne with the rest of the countrie in the commone way of supplicating, altho he profest his own great dislyke of the book, and assured [them] to obtaine that it should not be urged on Edinburgh: yit dealling underhand with many of the counsell and other speciall men in the toun, onlie to draw in a privat way by his advyse; his disappoynting them, in not sending his Majestie their Supplicatione presented to the Committie, wheras they had promised to report ane answer therof against the 17 October; and his promising [againe] with the other magistrats, in the foircited letters to the Archbischop of Canterburie and Lord Stirling, to re-imprint in the peoples mynds their former (alleadgit) resolutions to obey and practise the Service-book, and for to abolische out of their mynds all these suggestiones, wherby the inhabitants of the toun wer diverted from their former resolutions, and 14 had forced them to give in a Supplicatione to the Committie to be in the lyk caice with the rest of the kingdome, commoved the peoples mynds, and confirmed the common report, that the Provest had bein set over them expresslie for establisching the Service-book; and that this course, in keiping them from conjoyning, was, that it might be the more easilie imposed on them; that thus, left to themselves (divydit from uthers among themselves), they might be exposed, by threats of punischment and assurements, to admitt the same.

The Proclamatione appointing the sudden departure of the Supplicants off the Toun, and notifieing the Counsell wold not so much as take notice of the eminent and sencible grievances of the subjects, made the whole numbers of all estates present to apprehend the continueing plott to settle that book in Edinburgh, by labouring to remove from them all the lawfull concurrence of the rest of the subjects; and so made the Supplicants to deall the more earnestlie with the people of Edinburgh not to accept the [said] book, bot in so just and lawfull way of petitioning against so great evills, to obtaine commissionars to joyne with the rest of the countrie, and so to show befoir God and man, their dissasent and dislyk of these alledgit resolutions and unwarrandit assurances made, in the name of the greatest and best pairt of the inhabitants, be their Magistrats in their forecited letters. This made the people conveine when the Magistrats went to counsell, upone the eightein day of October, and ther, with many earnest cryes, beseeching them for Gods sake to care for the preservatione of true religione. Thrie of the oldest bailyies, Johne M'Nath, David Johnston, and Gilbert Achisone, wer sent with a bill from most [part] of the honest men in the toun, desyreing they might concurr in the common way of supplicating against the Service-book. The Provest assured them, his Majestie had alreadie discharged the Service-book by proclamatione, which wold be found at James Prymrose chamber, who is clerk to the Counsell. They sending to try the same, finding ther was never word of any such proclamatione, which, with the Provest's slighting of their desires, and his still pressing of his own private way, did justlie irritate the people, that nothing was done by their Magistrats to hold out the Service-book they believed to be idolatrous. They did again press ane Act of 15 their Counsell for chooseing Commissionars to supplicat with the rest of the kingdome for restoring their ordinarie common prayers, their lawfull pastors, The Toun of Edinburgh obtaines Commissioners to joyne in supplicating, from their Counsell, 18 October. and usual readers; ane great caus lykwayes of the peoples commotione. The Magistrats granted this act very willinglie to them, which the whole toun counsell hes confirmed since. No violence nor wrong was intendit nor performed by the said multitude, no weapons used, nor present, as the Lords Thesaurer and Wigtone (who went up to the Provest), heiring ther was so many about the toun counsell-hous, wher he was sitting, can testifie; onlie with cryes and tears they desyred the preservatione of religion, and the keiping away the Service-book, and restoreing their owne, and many prayers for them wold stand for the truth. The multitude, who desired earnestlie to vent these their prayers and wishes to the counsellers, made a great prease about the Thesaurer and Wigtone, who, as they returned, withdrew the most pairt of them efter them; and many went away efter the act forsaid was granted be the toun counsell. A few stayes the Provests outcomeing, who did no further injurie then by preasing a litle to be near for crying thanks for that act he had granted; till the Provest reproached sum of them with evill words, which was answered perhaps be some women with the lyk.

This being the truth, let any who have found the comfort, and knoweth the binding power of true religione, judge if this people deserve that censure and imputatione which their bischops wold especiallie rub upone them for opposeing their project; who pressed that forme of service, contrair to the lawes of God and of this kingdome, and being the root of this evill, dared in their conventicles contryve and allowe a forme of Gods publict worschip, contrair to that establisched by the generall consent of this kirk and state; and, to borrow a patern from these inferior to us in reformatione, with sum impudent additions from Rome itselfe; and takeing the Privie Counsell at so privie a tyme, as they did by very few exceid seven; that is a quorum (which they may have alwayes out of their owne number for any their accustomed good turnes, ther being nine or ten of the fourtein bischops on the Counsell,) obtained that small number of the Counsell to add their authoritie to the book, who had no more power to authorize, then the 16 bischops to frame it; this being a work onlie for a nationall assemblie, and that could proceid onlie from the Parliament, to whom the Counsell is subaltern, and by whom, for this, is censurable. So that if any fault or violence had bein committed by any of the subjects, in resisting or seiking the abolitione of that book, they might retort, the Bischops frameing, and the Counsells authorizeing, to be the first and principall causes necessitating either disobedience to God and breach of our lawes, (wherunto our gratious Soveraigne, being right informed, doeth and will allwayes most religiouslie adhere); or els, the not obeying their more private command, proceiding from their misinformation and suggestions, abuseing his Majesteis ears; and so delay or even resist these evills (being pressed) which wold bring the judgment of God on the land, untill his Majestie sould be informed to take order therwith.

After the Proclamatione, sum of the counsellers haveing intimate to sundrie of the noblemen that they could not hear nor receave any thing from them concerning church maters, becaus of his Majesteis command; and the Bischops haveing fortold they wold procure that stop, both for affronting of the Petitioners, and staying the progres of that bussines; forced the Supplicants of all estates to resolve, 18 October, on a letter to the Lords of Counsell, showeing that many of them had their lawfull affairs befoir the terme in the toun, and that their Lordships behoved either to stay creditors from seeking their debts, or els give them more tyme to take order with their bussines.

Supplication of Noblemen, 18 October. The end of this letter had reference to a Supplicatione, (which was also drawen up and closed in the letter,) wherin they complained of the archbischops and bischops, for frameing and introduceing the Book of Canons and Common Prayer, and such other novations as wer hurtfull to [his kirk and commonewealth; being forced by their dutie to God, his Majestie, and] this kirk and state, to discover and complaine of the frutes of their boundles power, like to undoe religione, prejudice his Majesteis honor, and over throw the liberties of the subjects, (as the coppie of the Supplicatione heirto annexed will informe): they had muche patience to bear many former grievous 17 burdeings, bot not to be altogither smothered; for these their last novations extinguisched the very lyfe of religione and policie, as wilbe sufficientlie cleired.

The Counsellers, being in the Counsell-house, did desire the Noblemen and others to be with them for keiping off the prease; who willinglie waited on them, first to the Thesaurer his lodgings, and then to the palace of Halyrudhouse, with [out any] great prease and cryeing, bot of sum few of the commones, who, by mutuall conferrences, exorted one another to care for religione.

At Halyrudhouse the Counsellers receaved the Letter, and gave twentie-four hours more for convenient dispatche of the Petitioners out of toun; and such as sould declair to any Counseller laufull bussines that requyred longer stay, they sould receave it answerablie. As for the Supplicatione, efter they had opened it, and found it concerned Kirk maters, they professed they wold reid none of it; and were offendit, the Petitioners sould present any thing which they had declaired themselves unable to receave; taxing the Petitioners of impatience, that wold not wait his Majesteis answer. The Petitioners shew the importance of the matter which forced their so plain dealling, that they wold alwayes most patientlie wait his Majesteis pleasour, beseeching their Lordships earnestlie againe to recommend and informe their humble and just desyres to his Majestie, which indeed requyred speidie remedy, and that they expected the same fra his Majesteis goodnes Galloway and Clerk Registers motion of petitioning by Commissioners. and justice. The Bischop of Galloway and Clerk Register, regraiteing the numerous meitting of Petitioners, wer answered, that the evill being generall, thoch every one had come ther with a few (as they did), yitt the persons grieved wer a multitude, and, haveing no other means to represent and get remedie of thir evills, had come in persone to petitione. They desired the Petitioners might come by a few Commissionars; wherupone many of the Petitioners, meitting efter supper, did resolve to meitt againe the 15 November ther, and choose their Commissioners in a quyet manner.

The way of conveining, 20 August. It is to be observed how strangelie these were conveined at all tymes. For, first, when the Ministers wer befoir the Counsell, 20 August, sum few of 18 their paroshiners and particular freinds and acquaintance goeing along with them, other neighbours hearing therof could not abstaine from goeing also, which made them a considerable nomber; and it was strange to find what discontent both Gentlemen and Ministers not advertised had that they gott no notice of their goeing, and went not with them; yea, that any nomber sould then appeared was against the advyce and resolutions of some specialls, with whom the same was advysed; and no externall meane [that] was used seemed to do so much good, at the ministers first appeiring, as the many letters proceiding from the speciall men in severall corners of the countrie neirest hand, which proceidit from the motione of one that employed himselfe that way, and caused the rest be remembred, all of them running upon the lyk reasons, which ar formerlie touched; and he was sturred up to bethink the same bot a short whyll befoir the Counsells meitting, upone the regraite of a good and religious woman, that no ordinare nor lawfull means wer used for withstanding that Book, and sorrowed to find many sensles of the evill, and others inclyned to a stupide kynd of patience and suffering.

20 September; The second meitting, 20 September, was alluterlie dissuadit by the most pairt that was thoght to be of best skill, and who broght good reasons for the same. Bot rumour of the Duke of Lennox comeing to establische the Book at Edinburgh made most of these to whose knowledge that report came ever to rush thither upon exceiding litle warneing; and did not byde invitatione.

17 November; The thrid meitting, 17 November, when notice did run abroad that the Toun of Edinburgh wer then to get the answer of their petition, and the answer to the generall Petitione was expected with it, which begote a generall desyre in all who hard hereof to come foreward, advertisments did run abroad to stay all Petitioners, becaus the Counsells act did bear they sould be tymouslie advertised when his Majesteis answer come; and therfoir it was not fitt to anticipate many other reasons for giveing offence, for wearying the petitioners, &c. Bot the advertisments missed sum by the evill weather, other came becaus they could not find content in their mynds if 19 they stayed at home, others heiring of their neighbour comeing could not be withheld.

and 15 November. The fourth meitting was fittlie appoynted for choysing Commissioners to eschew multitudes in tyme comeing, as is efter declaired; so that in all thir meittings the inward propensione of mens hearts wer their conveiners, and the trew detestatione of the Book did move the same; wherby they ar. teached only to look to the Lord, who hath yet led them right, thogh they knew not wher nor how, and in such a fair and lawfull way as wanteth all resone of reproof. The daylie groweing detestatione of that Book, and of the Bischops inbringers of it, and many other evills, the generall resentments therof, the disposition of many people encreasing in a desire of greater knowledge then they aimed at befoir, and some growth of christian affectione amongst neighbours, may prove this cord to be tuisted be a hand from above.

Supplications, 17 October. Nota. The Noblemen and Gentlemen that met the 17 October, being greived at the proclamatione appoynting them to depart the Toune, did resolve on the Letter and Supplicatione closed within it, which is before mentioned in the Informatione. The Letter was drawne be my Lord Loudon, and the Supplicatione by Mr David Dick; and the Supplicatione onlie lookit It was done hastelie and subscryvit. upone be Loudon. It was done hastilie, and so could not be done ornatlie and so advysedlie. They did draw up one copie in paper for the Counsell, another in parchment to subscryve, that our hands being at it mycht testifie who joyned with that Petitione. Ther was 500 hands at it that same nycht. When the people of the Toun was in tumult, they came to the gentrie sitting in the laich Tolbuith, desyred to joyne with them, and take one course in advyse. The gentrie acquainting the Noblemen therwith wer desyred not to medle with them. They desyred the gentrie also to come to their Counsell, and be witnes to such conditions as their Magistrats granted them, whom they wold hardlie beleive. The Noblemen desyred them not to go, except the Toun Counsell and Magistrats sent for them.

Theasaurer desyres the Noblemens convoy. The Thesaurer, Provest, Bischop of Galloway, and sindrie others in the Counsellhous, and being past tuo efternoon, could not think how to gaine their lodging for getting some refreshment of meat saiflie and without 20 paine; till the Thesaurer, receaveing approbatione from the Bischop of Galloway and Provest, did send Sir James Murray of Ravilerige to Dauid Homes house, against the Stinking styll, wher the Noblemen wer, and had met these tuo dayes, desireing sum of them to come and speake with the Thesaurer, and that the haill Lords wold glaidlie bein at their lodgings. The Noblemen sent Loudone over to speak to them, and said, they wold wait upone my Lord to his lodging. It is to be rememberit, that the gentrie sate in that Tolbooth wher the Justice useth to sitt, becaus they wer so many that no privat rowme could containe them. The Thesaurer come into them, and in a rude way reproved ther convocating, and in such a publict place and fashione. Bot they answering sumthings for themselves, he called out Arthur Erskine, Sir John Prestone of Valeyfeild, and sum of his acquaintance, and told his mynd to them, reteired into the Counsell hous. When my Lord Loudon went over to the Counsell house, the Counsellers arose, and came out with sum prease. The Noblemen at John Homes hous came doun, and presentlie thrust themselves in about the Thesaurer, sum about the Clerk Register and Provest, some about the Bischop of Galloway, the maine object of hatred, whom they guairded so cairfullie as to safe him from all thrusts and tossings. Their followers keipit off the thronge reasonablie weill, and waited on them to my Lord Thesaurers hous in Nithries wynd. The people called the Bischop of Galloway, Papist lowne, Jesuite loun, Betrayer of religione, and that from the report that he ordinarlie had a crucifix in his cabonet, wher he said prayers, and did wear upone him, commending be discourse the use of them for remembrance. The same people begane againe their cry, wheron the Provest wold have bein back, they being all midway upward; bot the Noblemen besought they might go on, it was bot a pack of poor women. The Provest alleadgit these wold by their cryes convein the rest.

Ther was sitting in Counsell that day, the Thesaurer, Earl of Wigtoun, Bischop of Edinburgh, Bischop of Galloway, Clerk Register, Justice Generall, Mr. Elphingstone; and the Noblemen that went into them, wer Sutherland, Rothes, Yester, and Loudon. That night, at 8 houres, efter 21 the supper, the Noblemen that went into them motioned sum articles; and the Commissioners from the Barrens and ministrie being all mett at Dauid Homes be 9 hours, these followeing articles, proponed befoir among the Noblemen, and sum others added, wer concludit by them all, being these four Articles resolved by the Supplicants in October. poynts:—1. That the Petitione shall be subscryved on both syds; and when it is full, another copie to be drawin, to receave subscriptions, in parchement; and sum paper copies to be made, wherto far different presbetries may put their hand for the present. 2. When any ar cited befoir the High Commissione, the partie useing any appeall or declinator, if the Commissione proceid against them, that we all now Petitioners shall concurr to Petitione the Counsell against such unlawfull judicatories, at least als many hands as may convenience go to a.petition, and the rest to allow it. 3. It is thoght fitt that the Petitione presented, remaine in the clerk's hands, and marked as presented 18 October. 4. To meitt the 15 November, for meitting togither againe anent these things considerable in the bussines. The Commissioners of Edinburgh being present, Mr. Andro Ramsay said the prayer at their conclusione, and so they parted.

The Earle of Rothes being desyrous to speak with Mr. William Hay, the Provests sone, befoir his father sould go to court, who had that nycht gone from the Abbay to Leith, curseing the Toune of Edinburgh, swearing never to come amongst them againe, and prosessing he wold the nixt morning be gone for court; as Rothes was takeing coatch, the Duke came from the Thesaurer, and desyred him come to his Lordship nixt morneing befoir Rothes conference with the Thesaurer. he spoke with the Clerk Register. Nixt morning, Rothes coming to the Thesaurer be 7, he begane to repeat former nights sturr, told him what extreame fear the Provest was in when he came up to the Toun Counsell house to him; how he wold have made ane holl in the roofe of the house, and stollen out for fear of the people; how that he had exprest both ther and in the Counsell, efter that the frequent meitting of the Noblemen and Gentlemen had incensed the people, and bred that sturr, which the Thesaurer alleadgit he took as if he wold have excused the people by laying the blame on the noblemen and gentlemen, and that the Provest sould have 22 said, Sum gentlemen were sein dealling with the people, and stirring seditione amongst them. The Thesaurer said he stood stoutlie to it to bear back that, and offered, shew him the man and he sould lay him fast, for he was sure ther was no Noblemen ther bot wold concurr. The Thesaurer affirmed, that the Toune Counsell was more mutinous then any without, even these within. Rothes told, that they wold not do well to lay the blame on the gentrie, for they had bein tuyce solicite by the people of the Toun to joyne with the Toun and refuised, as is befoir remembered. Thesaurer was earnest to know their names: Rothes denyed, and said it was best to lay the sadle on the rycht horse; nothing was to blame bot the great cause, people apprehending a change of religione, was much commoved therat, and blamed their rasche ongoeing in. Counsell, who sould have looked better to it. He told how partiallie the Bischope went on in Counsell, and how he stopped to give Counsells authoritie. He told how, be Hugh Scrimgours means, he had conferrence with St. Androes, and wer in sum better fashiones, and that they had related St. Androes affectione to the Bischop of Ross had keipit them at much distance; that they had now joyned in this, and wold writ to his Majestie that he might be pleased informe himself be sum of his Counsell of the state of bussines; and told, for all the letters they writ, they got no answer bot in the generall letters, and of no particular ones; that no secretar knew of the Kings last letters, bot wes writ with the Duke of Lennox hand, and they knew not what course the King wold take. My Lord Thesaurer seimed to approve the Ingles service as a good mids, admired Rothes disapproveing of it, curseing he was bred in Fyff. He told he was long a papist, and haveing craved of God knowledge of the truth, he had granted his desyre, which he wold not for a world quytt.

Rothes speiche to Mr. William Hay. Rothes spoke with Mr William Hay, the Clerk Registers sone, made excuse he could not see bis father, being gone away in haste, and he goeing to court, desyred Mr William to tell him it was not good to lay the blame of the Toune of Edinburgh on the Nobilitie nor Gentrie, seing they denyed concourse to the tounes men when they requyred it, as sould be qualified 23 if they preased to lay it upone them; bot best to put it on their oppinione that their religione was to be changed, which indeid was able to change mens mynds; and best to plead for a removeall of the Book, and a pardon to them who was moved by such forcible oppinione: which Mr. William promised to report.

15 November. Sum of the Noblemen comeing to Edinburgh the 15 November, wer desyred by the Thesaurer, who was goeing to Lithgow to attend the Counsell, to deall with the whole Petitioners that was comeing, presentlie to returne home againe befoir the Counsellers coming back from Lithgow; which being considered, was thoght impossible. He desyred they might carie themselves quyetlie, and appear litle on the streets or togither; which was answerablie obeyed, by the sitting of the Gentrie of ilk shyre in severall houses, and communicating their mynds by Commissioners of these that wer then Commissioners chosen, and how many. present. Ther was chosen tuo of the gentrie for ilk province, one Minister for ilk presbetrie, one comissioner for ilk burrow, and bot six of the nobilitie for the whole number; and these to attend his Majesteis answer to their Supplications. These comissionars wer desyrous to meitt with the Counsell and their Lordships, who had mett at Lithgow, appoynting sum of the Counsell Thesaurer, Lauderdaill, and Lorne meitt with the Nobilitie, and confer with them. to speak for hasteing the petitioners out of tonne. The Thesaurer, Lauderdaill, and Lorne came wher the Noblemen wer mett, sheweing that the Counsell (who had mett the preceiding day, the 14 November) wer exceidinglie grieved at so numerous a meitting of the Nobilitie and Gentrie, &c.; wanting both warrand in law and just reasone for the same, seing his Majestie had signified that he wold not press the Service-book till his further advysement, which was als good ane answer as could have bein desyred; and their proceiding seimed as if they wold force sum answer from his Majestie, who had graciouslie accepted ane excuse for their last meitting, and taken notice of their ready obedience and concurrence to all peaceable wayes; bot now to meitt againe, without reasone, might justly irritate, and the rather that this meitting was appointed at the last, the 17 October.

It was answered by the Petitioners, That they war neither impatient nor diffident of his Majesteis answer; bot desirous that the necessitie of so many 24 important maters as their last petitione did bear, (not yitt accepted for ought they knew,) should be made knowne to his Majestie; the presentment wherof was a verie just, warrantable, and necessar reasone in law, equitie and custom of their meitting; that such great maters as they complained of might be presented, (according to King James his uncontroverted axiome, in the begining of his Discourse of the Powder Treasone, that Pro aris focis ac patre patriæ), and the danger of any of these is a tyme wherin no man ought to keip silence, bot that the whole bodie of the commonwealth sould sturr at once, not any more as divydit members, bot as a solid and indivydable lump; that their appoynting in October to meitt now did proceid from the advyce of the Bischop of Galloway and the Clerk Register, and others of the Counsell, counting it fitter to petitione by Commissioners then by multitudes; and that for this effect they wer mett in such a nomber for choseing Commissionars; that their meitting was peaceable, without offence to any, neither was the nomber perceavable, they caried themselves in so peaceable a way and quyet maner; that they wold willinglie wait for his Majesteis answer, if their whole grievances contained in both supplications wer fullie represented.

The Counsell replyed, that indeid the quyett coutching of so many was admirable to those who knew their nomber. Bot againe, pressing the petitioners to pairt off the Toune, they besought the Counsellers they wold be pleased to accept and recommend their former Supplicationes, and one which presentlie they war to give in, which had with other reasons speciallie moved them to meitt at this tyme; [viz.] to complaine of a number of Bischops, Ministers and others their followers, who, greiving at their opposeing of them, scandellouslie and wrongfullie called the Petitioners mutinous and rebellious subjects; the imputatione wherof was intolerable unto them, who had God to be their witness that they will rather undergo death itself then be guiltie of that sinne; that never any such word or motione had bein [heard] among them, that tendit further then humblie to supplicate, as the most submiss way allowed to the meanest of the subjects; that they behoved to clear themselves by a Petitione or Declaratione to his Majestie; and therfoir 25 humblie desired their Lordships to accept and recommend the same; that if they wold not, they behoved themselves. The Counsellers answered, that they could accept none from them, being inhibite by his Majestie; that if they sent any of their own, it was lykelie the carier wold be stayed, and discharged to come to his Majestie. The Petitioners shew, that this Supplicatione was not of Church maters, bot a complaint on such as called them rebellious, and a vindicatione of themselves; that they should mentione no thing of what was past, bot only crave his Majesteis answer of the last tuo Petitions. When the Counsellers affirmed they durst take none from them, the Petitioners requyred that they wold tak informatione from them, and send to his Majestie, since they wold not receave petitions. The Counsellers asked, what they wold informe. They answered, against the Service-book, Book of Canons, and High Commission, and against all other novations. The Counsellers affirmed, that they took too much in hand; that it wer good they wold proceid onlie against the Service book at that tyme. The Petitioners told, they behoved to do their pairt, and remit to his Majestie to doe what he pleased; for they found so much prejudice to the lawes of the Church and State, to the ecclesiastick and civil judicatories lawfullie establisched in both, to the subjects liberties, fortounes, and persones, by the Book of Canons and High Commission, as they could not comport.

At last the Counsellers motioned, if the Noblemen wold depart the toune in a quyet maner, (according as they had caried themselves being ther,) they promised, that, in a few days, they receaving his Majesteis answer to their Petitions, which they expected with the Earl of Roxburghe, they sould give lawfull advertisment to the commissioners chosen by the petitioners to come and receave his Majesteis answer; which, if the Commissioners sould not find satisfactorie to their demands, the Counsell sould, in the meane tyme, requyre from his Majestie power at that tyme to receave Petitions and Informations from them of such things as they wold informe and find omitted, and which they sould represent to his Majestie farther. And because this was their owne motion, they said they behoved to advyse with the Counsell if they wold be content therwith. Therfoir, they took 26 the nixt day to advyse it, and to give the answer of the haill Counsellers that wer in toun; in which tyme the Petitioners promised to advyse with their whole nomber. The Counsellers promised to deall with the Bischops for using no novatione nor rigour untill his Majesteis answer come. The Commissioners for the gentrie, ministers, and burrowes lyked these propositions, that might in any sort please his Majestie or his Counsell, and wherby they had fairlie and warrandably interest to informe his Majestie of these evills, the greater wherof did never presse any people; and acquiesced in that answer, thogh tending to delay, in esperance of the promised hearing and accepting Supplications and Informations.

13 of the Supplicants chosen to wait on the Counsellers, 16 Nov. at the Abbay. The Petitioners chosed four noblemen, thrie barrons, thrie burrowes, and thrie ministers to wait upon the Counsell, the 16 November, in the efternoone, at which tyme, meiting at Halyrudhouse, all the Counsellers agreed to these conditions motioned the night befoir; and anent the maner of advertising the Petitioners concerneing his Majesteis answer, it was promised to be tymeous. Motione was made by some of the Counsell that their advertisment mycht be made be proclamatione. That was not found sufficient, in respect sum wold not know of it. Sum also affirmed, the discharge of the Service-book by proclamatione was ane sufficient answer to the Supplications; which was denyed, becaus the petitions reached further then that, viz. the Book of Canons, High Commission, and other novationes.

They propone 5 desyres to the Counsellers. The Commissioners, as they wer desyred by the rest of the Petitioners, propondit to the Counsell these following desyres: First, If they receaved not content be these courses proposed, and that they found not his Majestie richtlie informed, they craved not to be mistaken if they yitt againe conveined for petitioning, for people could not be other wayes weill satisfied; and that they onlie told them this to eschew mistaking. Secondlie, That their Lordships wold be pleased to mediate with his Majestie to restore his favour, and the ordinarie judicatories as the tokens therof to Edinburgh, and not to raise any persuite against the commone people ther, seing all they did was bot supplicatorie clamours of a multitude, proceiding from their beliefs of a change of true religione, the greatest of all causes to move a 27 christiane mynd; that upon this provisione the Petitioners wold frelie pass by the fault of these who without all reasone have called them rebellious subjects, the greatest imputatione that can be laid against men for transgressing against man, the fault being [so haynous] against the greatest of men. Thridlie, That the Counsell wold deall with the Bischops for the restitutione to the Toun of Edinburgh their ordinarie prayers and ministers. Fourtlie, That they sould deall also with the Bischops that no novatione sould be practised, by reading the Service-book in any part, till his Majesteis answer sould come, and a generall course be taken for the whole kingdome. Fyftlie, That they might have a warrand [to meitt] for choysing commissioners, and warrand to such as wer not ther to meitt in the severall shyres for that effect. The Counsells answer to the Supplicants. The Counsell seimed angry at the First. For the Second, they wold not medle with any thing concerned Edinburgh, becaus their Provest was not present, and they behoved to hear them by their Provest and other Magistrats; requyring the Commissioners not to medle therwith. They said, if their Lordships wold not mediate his Majesteis favour to them, they wold reserve their challenge in law against these that calumniate them. For the Thrid, the Lords spok to the Bischope of Edinburgh, who promised to write to the Chancellar for that effect. For the Fourt, albeit the Lords wold not profess it to the Petitioners, yit they spoke to the Bischope for that end. To the Fyfth, that they, not being a Counsell, could give no warrand for choyseing commissioners. The Kings Advocat being asked, said, they might meitt amongst themselves, and choyse commissioners for Parliament, for Convention of Estates, or for any publict bussines. This ending their meiting Commissioners left to attend at Edinburgh, and to give advertisement. with the Counsell, the nobilitie, barrons, and burrowes resolved to leave everie one of them sum of their Commissioners in toun to waitt and advertise the rest of the Supplicants; speciallie to give notice, if any persuit sould be intendit against Edinburgh, that they all who wer Petitioners, being jointlie interested, might conjoyne in their lawfull defences; it being generallie thoght that the persute of Edinburgh was intendit, that they might be broght under compass, and get their remissione for accepting the Service-book, and the rest of the Supplicants might be therby terrified, and their 28 proceidings by this practick precondemned, and the commone defences arising from the mater and maner of the Service-book prejudged

The godly and loving parting of the Supplicants, 17 November. On the 17 November, at night, the whole noblemen and commissioners for the gentrie, some ministers, and burrowes meitting together wher the noblemen ordinarlie satt, ther passed mutuall exhortations of religious liveing, that all might be lyk the holy professione they petitioned for, and that their adversaries might not be able to object the dissimilitude of their lyfe and professione. Many heartie prayers for his Majestie, both in privat and publict, wer enjoyned, being the speciall meane to end this truble, and purchase the restitutione of truth. More reverence, more expressione of true and religious love to his Majesteis persone, more promises of heartie prayers from all for his spirituall and temporall good, was never amongst subjects; true and lawfull obedience avowed, and promises from all to endeavour the informatione of all such as may mistake his Majestie, and diminisch their affection to him for thir evills, which ar the work of others. After a hartie and publict prayer, (the good wherof will assuredlie reach to his Majestie, proceiding from so many earnest desyres,) they took their good-night of others, (being ther about 24 Noblemen with the commissioners foirsaid;) wher might bein seen such agreablnes and undesolvable amitie and true affectione, (being joyned in so good a caus,) as ane influence from heaven made their hearts find a sort of love and respect to others such as many of them had never formerlie felt, and it might bein sein in their looks and kynd embracements, with a preteritione, or rather a willing forgiveing and forgetting any former mistakings had bein amongst any of them. This fruite is also already found, that many of them profess that they find a better hart to pray then befoir for his Majestie, for themselves, for the success of the cause, which evidenced Gods favour to it; whilst their adversaries dare not, without sin, crave a blessing to their course, which wanted the warrand of Gods law and the law of the land, and the appearance of any further good then the setting up their owne tirranicall power.

Counsells Letter to the King, The same day, the Counsell writ a letter to his Majestie, shewing that the Thesaurer, upon informatione of a numerous meitting of his Majesteis 29 subjects to be at Edinburgh, the 15 November, called a meitting of the Counsell at Lithgow, for consulting upone suche things as was necessar for his Majesteis service; and that they had sett downe the progress and happie success of a bussines of that importance to my Lord and to my Lord Sterline. Sterline, his Majesteis secretary. Another letter was written to my Lord Sterline, shewing that they had mett at Lithgow to consider the consequence of that numerous meitting of his Majesteis subjects at Edinburgh, the 15 of that month, that they might use their best [means] that no prejudice might arise to his Majesteis service by these meittings; that it was thoght fitt, that at that tyme, which was the indicted dyet for intercourse of money, payment of debts, performance of barganes, &c. ther sould be ane forbearance of any prohibitory Proclamatiorie, which they foirsaw would carie their owne dangers; the peoples humours, still boyling and aloaft, might refuise obedience to the authoritie of the Counsell; and if they sould happin to obey the Proclamatione, these who had distressed estates might tak the occasione to neglect the tearme, and defraud their creditors; that therfoir they thoght it more sure to dissipate this cloud by a calme and understanding dealling, and privat intimation of the Counsells pleasour, then to hazard the authoritie of the Counsell to be disobeyed; that my Lord Thesaurer, Earl of Lauderdaill, Lord Lorn, were appoynted to negotiate the bussines with the most eminent of the nobilitie, gentrie, [ministers], and burrowes; and the rest of the Counsell used the best of their endeavours that their travells proved successfull, haveing represented to the Nobilitie that numerous convocatione might be offensive to his Majestie, and mycht have dangerous consequences, by tumultarie confluences of commone and disorderlie people upone such occasiones; that the Nobilitie gave all content by significatione of their loyall intent, and wer come to Edinburgh humblie to attend his Majesteis pleasour anent their former petitions; that they apprehendit the Counsell had not fullie and cleirlie represented to his Majestie their grievances against the Service-book; that they conceaved their fortunes to be drawen in great danger by the vast and unboundit power of the High Commissione, progres and exercise therof, in maner and in the tearmes that it is now conceaved 30 and pressed: that therfoir they made their address to the Counsell, and by humble supplicatione to represent and crave redress of that and others their pressing grievances; that by the dexterous cariage of the thrie Noblemen, and particular and forward assistance of some of the speciall of the nobilitie, gentrie, ministers, and burrowes, they did effectuat, that ther sould be no publict convocations and consultations, and sould not offer to trouble the Counsell with their grievances, till his Majestie sould returne his royall pleasour to their former Supplications; onlie they pressed with undenyable earnestnes, and the Counsell could hardlie utherwayes satisfie them without seiming to give way to this their particular desyre, that whenever his Majesteis pleasour concerneing the Service-book sould be returned, they might be allowed by the Commissioners of the shyres, or by one or tuo discreit men from a shyre or a burgh, to represent their grievances, and receave his Majesteis or Counsells answer therunto, that they might boldlie affirme and assure, that this meitting, wherof the consequences was so much feared, is now dissolved without any harme or noyfe.

Rothes meiting with the Thesaurer, 13 October. On Monday 13, Rothes came to [the] Thesaurer at night to visit him, who did shew his fears that the frequent meiting of so many wold give his Majestie discontent; and that also he had bein taxed formerlie for keiping correspondance with some of the nobilitie, which he had alwayes done for the good of his Majesteis service, thogh his adversaries interpret the same as unfaithfullnes, and said he had the Masone word among the nobilitie; yitt was he conscious to himself, as he had sought speciallie peace, and had a regaird to the nobilitie, bot his speciall aim was his Majesteis service, and that now he had receaved approbatione of his proceidings; and shew Rothes a letter from his Majestie, at least the end therof, saying, that for the willingnes of these noblemen to his service, he sould think on it, &c. The Thesaurer desyred, that the Counsell being to go to Lithgow and meitt ther the nixt day, he sould returne at night; and requyrit Rothes sould deall with the haill nobilitie and gentrie to be sein als litle in publict as they could, and dispatch themselves out of the toun als speidilie; and said, he knew it was hard to stay them from meitting, bot that they might be soon 31 dispatched; he promised, also, to endeavor to stop the Proclamatione for chargeing them to pairt the toun.

On Tuysday, the Earle of Rothes did endeavour himselfe so among the nobilitie, gentrie, &c. as they did not appear in nombers, bot wer willing Rothes conference with the Thesaurer anent the Toun of Edinburgh, 14 Nov. to tak any course might give content. On the said Tuysday, at night, Rothes had severall purposes with the Thesaurer in privat, and on Monday also, tending to shew his disoblischment to the Toun of Edinburgh, who had bein ungrate to him for all his kyndness to them; how they trusted to their Provest, and miskend him; how he hard their Provest was pressing them to raise 5000 lib. sterling, to give in budds to safe them from censure for the tumult, and to preserve the Sessione with them. When Rothes pleadit for immunitie, and told it wold breid a sturr, he said, none of their lyves nor blood sould be taken, he had rather quyt Scotland; bot a fyne to the King of 20,000 lib. Scotts, their broad sealls, the keyes of their ports, and priviledge of choyseing magistrats to be loosed, and at the Kings pleasour in all tymes comeing. He said, Mr. Alexander Guthrie had said he sould tell who stirred up the people of the gentrie, &c., but that he sould saife both gentrie and nobilitie from any challenge. I said, it might be that some minister or gentleman had acknowledged their first stop to have done good, and wisched them never to accept of that Book, and these wold be broght under compase. He said, they wold not onlie the touns men be punisched, he said, we wold all be sundred and brokin, both nobilitie and gentrie, and, in jest, said Rothes would be sent for, and put in the Tower. Rothes said, he sould goe if the King wold bear his charges, bot no other wayes; and that he feared not that he wold never change so long as he lived. The Thesaurer also told Rothes privatlie, that he heard, at our last meitting, a ticket was cast amongst us from the Puritans in England; also, that Mr. Alexander Guthrie said the fault of the tumult sould never lye on the Toune of Edinburgh, for they wer straited, they could take them by the hand that encouraged them to it. Also, Rothes told them, that we wold prosecute our Petitions for High Commissione and Book of Canons, alse well as for the Service-book; and 32 wold never receave the Inglis service which he seimed so muche to prove as a good mids; and told, we have no forme of service bot by the Generall Assemblie, the ordinarie way of this land for church orders.

Names of Noblemen mett, 15 November. On Weddinsday 15, the noblemen mett at Johne Eliotts house, ther being Sutherland, Rothes, Montrose, Cassles, Home, Lothian, Weymes, Dalhousie, Lords Montgomrie, Fleiming, Elcho, Lyndesay, Yester, Sinclaire, Carnegie, Loudone, Balmerinoch, Cowper, Foster, Cranstone, Burley, Boyd. The noblemen that wer mett togither, thinking upone one of tuo wayes, either to move the Counsell accept ane Petitione of theirs to his Majestie, and recommend it, other wayes to send one of their owne. Durie elder did mediat with the Thesaurer privatlie, becaus the King wold not admitt any with a Petitione from us, and the Counsell durst not admitt any from us, becaus of his last letter, inhibiteing to accept any of our petitions that concerned church maters; therfoir, that being in a moderate straine, he wold undertake to carie or get it caried himselfe, and wold adventure theron.

After the noblemen and commissioners of barrens, and burgesses, and ministers had parted, about the 18 November, sex barrens wer left, with Sutherland and Balmerinoche, and sum burrowes, to attend in Edinburgh; that in caice any punischement wer abruptlie inflicted upone the Toune of Edinburgh, they might petitione for them in the name of the rest, till the whole rest of Commissioners appoynted to attend his Majesteis answer to their Supplicatione, sould be advertised to come and assist the Toune of Provest dealls with Edinburgh to divyde. Edinburgh in all legall wayes. In the meane tyme, the Provest dealt exceiding earnestlie with some of the Touns men for divyding fra the nobilitie, and that their Commissioners sould no more appear with them; promising, if they wold doe so, he sould obtaine his Majesteis pardone to them for any challenge might be laid against them upon their tumults.

Edinburgh Commissioners crave their Counsells censure of their diligence. James Cochrane, Johne Smith, Thomas Patersone, formerlie chosen Commissioners to the meitting the 18 October, had, upone that same commissione, mett with the nobilitie and gentrie, &c. on the 15 of November, and had never gotten their diligence for that second meitting approven by the Toun Counsell, nor ther commissione continued; therfoir craved the Toun Counsell 33 to be conveined, either to approve or challenge their dilligence, and to resolve, whither to continue Commissioners to meitt with the nobilitie, gentrie, and burrowes. Sir John Sinclare and sum others on the Provest syde wer loath to meitt till they wer by the rest of the Counsell challenged for absence, and commandit to appear, wher, except sex voyces, the whole Counsell approved their dilligence, and continued their Commissioners to join with the Nobilitie, &c. to follow the Petitiones given in against the Service-book, Book of Canons, and Highe Commissione, &c.

December 7. The counsell at Lithgow. About the latter end of November, sum of the Commissioners being in Edinburgh, wer told by sum of the statesmen, that my Lord Privie Seall, being come home, had written and appoynted a Counsell to be at Lithgow, 7 December; and therfoir willed tymeous advertisement to be given therof to the rest of the Commissioners. On the 6 December, my Lord Thesaurer and Privie Seall desyred four or five of the Commissioners of the nobilitie and burrowes that wer in Edinburgh to come to them, who dealt most earnestlie that none of the Commissioners might goe to Lithgow. Which motione they communicate to the rest of the Commissioners, who wer exceidingly displeased, thinking it tendit to delay; yit wer at lenth content to obey their desyre, upon their promise to indict a Counsell day within four dayes, wher they should give the Commissioners a full hearing of what they had to say.

Declaratione of the Kings intention at Lithgow, by proclamation. At the meitting of the Counsell at Lithgow, 7 December, they gave out ane Proclamatione, sheweing his Majesteis resolutione to have answered these Petitions given in by his subjects, concerneing the Service-book; but the disorderlie, tumultuarie, and barbarous insolences committed within the citie of Edinburgh on the 18 October, to the contempt of his Majesteis authoritie, by abuseing his Counsellers, Officers of State, and others bearing charge under his Majestie within the said citie, made his Majestie, out of a just resentment of that foull indignitie, delay the significatione of his Majesteis gratious intentione in giveing satisfactorie answers to the Petitiones of his good subjects, which in equitie might have bein expected from so just and religious a Prince: bot his Majestie being unwilling that 34 his faithfull subjects should be possest with so groundless fears, is pleased out of his goodnes to declair, that as he abhores superstitione of poperie, so he will ever be most cairfull that nothing be allowed within his Majesteis dominions bot that which will tend to the advancement of true religione, as it is presentlie professed in this his Majesteis antient kingdome of Scotland; and that nothing is or was intendit to be done therin against the laudable lawes of that his Majesteis native kingdome. His Majestie writ a letter to the Counsell, with trust to the Earle of Roxburgh for declaireing his Majesteis mynd to the Lords of Secret Counsell.

Proclamation anent the seat of Counsell and Session. The Counsell gave out other tuo Proclamations at Lithgow, the one anent the Counsells sitting at Dalkeith weeklie, Tuysday and Thursday, till the first Thursday of February 1638; the other anent the Sessiones sitting at Stirling the first Tuysday of February, and therefter dureing his Majesteis pleasour. The six or seven noblemen commissioners, to eschew that confusione Four gentrie, four ministers, and four burrowes meit with the noblemen Commissioners. which followeth [upon] consulting with a great nomber, agreed, that onlie four of the gentrie, four of the ministrie, and four of the burrowes sould fitt with them, and convoy the motiones of severall Commissoners, and returne back their judgement, or any new advyse they had to give; so that all maters wer treated by mutuall correspondence, and their resolutiones made by full consent to the whole numbers. In that tyme of their meitting together, they advysed and consulted these objections made by their adversaries against their proceidings, which were without questione thoght lawfull and humble; and the resistance made against the Service-book by sum townes verie excusable and easilie maintainable by law, considering both the mater and maner of inbringing it.

9 December, Five of the Supplicants meit with Thesaurer and Privie Seall at the Abbey. Upon Saturday, the 9 December, my Lords Thesaurer and Privie Seal sent for sum of the Commissioners. Four noblemen and one barrone wer sent down to Holyrudhous; wher these tuo Lords shewing how gratiouslie his Majestie had exprest himselfe by his late Proclamation, clearing any fear might be conceaved of the change of religione; desyreing the Commissioners to be wyse in their proceidings, haveing to doe with so good a King; and seing the Service-book was the caus that first moved them to petitione, the 35 same being removed, why sould they not acquiese? It was answered, the Proclamatione was neidles in respect of them, who wer never doubtfull of his Majesteis love to religione, and had declaired it by takeing themselves to other parties, whome they supposed and wold prove guiltie of that great fault, now evident to the world. As for the Service-book, it was not enough to be superceidit, for then it might be introduced againe; bot it was necessar to be removed by that same authoritie that broght it in. As for the Book of Canons and High Commissione, they could not omitt them, becaus they everted all church discipline, and the lawfull judicatories of the kingdome, indangered the estates and liberties; and yitt wer introduced without, yea contrair to all order of law appoynted in this kirk and countrey, for establisching ecclesiastick constitutiones or lawfull judicatories. The Thesaurer and Privie Seall shew, thogh they conceaved all these things complained on necessar to be removed, that haveing to do with a King, it was fitt he sould prescryve the order and tyme of doeing; and that they sould not tak too much in hand at once, least, in stead of censureing Bischops, they got them sett up further; therfoir desyred them to medle with no more at that tyme bot with the Service-book. They desyred also the Petitioners to present their Petitions, severallie, by provinces, and the inhabitants of the provinces to supplicat togither, becaus the King took their maner of supplicating togither to be a combining and mutinous forme. They desyred his Majestie might have all his will in their maner of proceiding, seing it impared nothing from their end. Efter much debate betwixt the [two] Statesmen and the Petitioners, the Statesmen desyred the motione of severall supplicating to be communicated to the whole rest of the Commissioners, and that on Monday the eleventh they sould return their answer. They declaired they did not mynd disunione, and sould receave all the Supplications in a short tyme, to eschew delay.

11 December. The suplicants answer to the Statesmens notions of divydit supplications. The desyre of the Statsmen being communicate to the whole rest of the Commissioners, and fullie represented with all the conveniences proponed by the Statesmen; after much debate, on Satturday efternoon and Monday morning, thir reasones wer given why they could not obey their demands:— 36 1. They wer all of them Commissioners, limited by these who had intruded them with a commissione, and therfore could do nothing without the consent of these who had limited them and intrusted them. 2. The cause wherin they ar employed being equallie commone to all, could not divyde. 3. Haveing already many of them supplicate by severall paroches and presbytries, and found it convenient to joyne in the generall Supplicatione, to disjoyne wer to condemne their former proceidings. 4. Severall Supplications may admitt severall answers, which one and the same Supplicatione could not admitt. 5. The whole Commissioners profest, if they sould appear and petitione severallie, they wold become so hatefull to these who had entrusted them, as they could not be answerable, nor durst not turne home for fear of their dislyk; and wher the generall meitting was brandit with the imputatione of unlawfull convocatione, it was far other wayes, their caus being religione, their end just, their meitting peaceable, and their proceidings orderlie. Tuelve of the Commissioners wer appoynted to declair thir reasones to the Thesaurer and Privie Seall upone Monday efternoon; and that befoir the Counsell nixt day they wold use a Declinator against the Bischops, who could not be their judges, being their parties. Wherat they seimed discontent, bot the Commissioners could not change their injunction.

12 December. The Supplicants attend the Counsell at Dalkeith by twelve Commissioners. On Tuysday, 12 December, the Commissioners goeing to Dalkeith, to at tend the Counsell, and present a bill to their Lordships relative to their former Supplications, wher they desyred their Lordships might either answer this and their former Supplications, or els represent them all to his Majestie, as the copie of the said bill heirto annexed doth bear. The Lords of Counsell sent out their Clerk, desyring them to send in their bill. The Commissioners (smelling this was to shunne the Declinator of Bischops as judges, the Bischop of St Andrewes sitting then in Counsell,) refuised, becaus they wer ther to present it themselves, and had sumthing to speak for further cleiring of their mynds. The Counsell sent out their Clerk againe, and desyred the Noblemen to present their bill, the Barrens theirs, and so furth, everie one of them severallie. This the Commissioners refuised, becaus they 37 wer directed to present one for all. The Clerk was sent forth the thrid tyme, and desyred that seven or eight of them might come in and present their Bill, without distinctione of what Estate they wer. They answered, they wer already few enowe, being bot tuelve, and wer appoynted by the Commissioners who represented the body of the Supplicants of everie Estate. This answer seimes to have been ill reported, as thogh they had called themselves the representative body of the whole Estates. Wherupone the Counsell abruptlie dissolveing, Thesaurer, Privie Seall, and some others of the Counsellers come to the Commissioners, seiming offendit at that ill reported expressione; bot receaving presentlie satisfactione, they craved the bill to carie in, that the Counsell, advyseing therwith that night, might the sooner exped them the nixt day. It was refuised, becaus they had order to present it to the Counsell, and not to Counsellers, and had sumthing to speak for further declairing of their myndes, which requyred a judiciall representing of it; so the hearing was continued till the nixt Thursday. Bot sum Counsellers, viz. Southesk, Angus, Lorne, in private desyred a sight of the Bill and the last Supplicatione, which wer reported to containe such things as wer against the Kings prerogative, and Acts of Parliament; wherof they wer cleired.

December 14. The Supplicants attend the Counsell at Dalkeith. Returning to Dalkeith on Thursday, 14 December, as they wer appoynted, the Counsell sent out two of their number, to shew they wold neither receave their former Supplications nor present Bill, except ther wer sum passages of the Supplicatione changed, viz. wher it is said, in the beginning of the Supplicatione given in the 18 October, "The Archbischops and Bischops of this realme," it might be added, "or at least sum of them;" and in the end therof, wher it is said, "This mater might be put to a tryell, and these our parties taken order with," &c. the words "these our parties" to be left out, and the sentence rune thus, "This mater may be put to tryell, and taken order with," &c. Bot the Petitioners refuised to alter any thing contained in the Supplicatione, they being entrusted with a commissione only for advanceing therof, wherin, since they complained on a fault, they behoved to complaine upon sum partie faultie. After sum treatie, to and 38 fro to this end, the Lords of Counsell raise abruptlie, and departed by an other doore then wher the Commissioners were waiting. The Commissioners Supplicants resolved on a Protestation. being twyse refuised a heiring, resolved upone a Protestatione against the nixt Counsell day, wherin they protested for an immediate recourse to their sacred Soveraigne for a redress of their just grievances, and in a legall way and maner to prosecute their persuits befoir the ordinarie competent judges, civile or ecclesiasticall, against sic persons and crymes as they complained upone, seing the Lords refuised them hearing.

19 December. Twelve Commissioners attend the Counsell at Dalkeith. On Tuysday, 19, the twelve Commissioners forsaid returned to Dalkeith, wher sum of the Counsell dealt with them to continue giving in any Protestatione that day, and they will promise they sall have a full hearing Thursday nixt, at which tyme either the Protestatione or Supplicatione sall be receaved. The Petitioners thoght that might prove a third delay, and therfoir resolved to protest; and fearing least the Counsellers sould have passed away without giveing them answer (the counsell hous having tuo doores), sent a copie of the Protestatione to each doore with sum of the Supplicants; bot the Counsellers was content to assure their full hearing on Thursday, and to give them a judiciall warrand of Counsell therupone. Bot a Bill from the Petitioners behoved to proceid, which they wold not give in with out a Declinator while the Bischop of the Isles removed himself. The Bischop depairting, they gave in the Bill, and obtained the Counsells delyverance.

21 December. The Supplicants get a hearing of the Counsell at Dalkeith, propone a Declinator, and present their new bill and former supplications. Upone Thursday, the Commissioners wer called befoir the Counsell, wher the Thesaurer offering to them a full hearing, the Petitioners proponed their Declinator, and took instruments in the clerks hands, presented their Bill, and the double of their former Supplicationes. And. one of the Noblemen spoke to this effect;—He sumarlie deduced the progress of the whole cause, and the great importance therof, being the defence of religione and the lawes of the kingdome, on which dependeth the weillfair of church and commone weall, the dewtie they owe to the Almightie God, the alleadgence to their Loudones speache. Soveraigne Lord and Master the King, the conditione of lyff, libertie, and fortune heir, and their happines heirefter. He related the particular 39 innovations complained of, contrair to the Acts of Parliament, and Acts of Nationall Assemblies, and the illegall introductione. He remonstrate the extreamitie subjects wer put to either to break covenant with God establisched by the lawes of the land, or fall under the danger of rebellione by charges of horneing and excomunicatione; for eviteing wherof, they had resolved, in a most orderlie and humble way, of supplicating, and wer much encouraged to follow that way by his Majesteis late declaratione, since the innovations complained upon ar contrair both to the religione and lawes of the kingdome, against which his Majestie hath declaired he intends nor will allow nothing; therfoir humblie desyred their Lordships to send sum of their pryme Officers of State to informe his Majestie. Efter him, one of the Mr James Cuninghame his speache. Ministers spoke to this effect;—That their Lordships wold be pleased to tak ane bussines of such a weight to their serious consideration; that it concerned the honour of the ever-living God, and the loyaltie they ought to their Soveraigne, to give his Majestie full informatione wherin and by whom he was wronged; that this was the way to honour and happines, for fearing God, he wold build them houses; that their auncestors had convoyed the truth unto them upon all hazards, and nothing wold more become them then to transmitt it in puritie to their posteritie, without mixture of humaine traditiones abjured in the Confessione of Fath, and by the oath and^covenant of the whole land; that God, whole eyes wer upon them, wold not think it enough that they wer not his enemies, if they shunne their testimony at this tyme, remembering the curse of Meros; that their Lordships, with Esther, wold petitione the King for them, if they wold not that comfort and delyverence might come to Israell another way; that they hoped their Lordships, in a deep and divyne providence, wer appoynted for this tyme; that they had to doe with a good and just King, from the influence of whose fatherlie favour to his native kingdome they expected such a comfortable answer as wold fill their hearts with praises and prayers for his Majesteis long lyfe and happie raigne, and for their Lordships, as the blessing Mr Thomas Ramsay his speache. of the land. Another spoke to this purpose;—That ther had been many weightie affaires befoir their Lordships, bot never any of such importance; 40 that he himself had been oftymes before them about papists, and never parted bot with great contentment, which he expected much more being befoir them about Poperie itselfe, the seids of whose superstitione and idolatrie wer thick sawen in the Service-book, and its hierarchicall tirrany in the Canons and High Commission; that Augustine, on the [110] Psalme, made mentione of thrie sorts of Antichrists, wherof the first was cruel, the nixt craftie, the thrid and maine Antichrist was craftie and cruell; that in the Service-book was craft, in the Book of Canons crueltie; that he had been in Ingland, and had observed the great trouble it broght to the best and ablest ministers, and disturbance in the kingdome, thogh establisched by law; and what may be expected upone a worse without law?

Mr. James Cuninghame. My Lords Thesaurer and Privie Seall exhorted the ministers to possesse the people with loyall affections to the King. It was answered, that their consciences and hearts could bear them witnes how they had endeavoured themselves therto; neither ever had they a thoght to the contrair; and whatever had escaped his Majesteis hand concerneing these books and other novations, that his Majestie was wronged, efter the maner that Haman wronged Ahasuerus. Rothes. It was added by a nobleman, that inter assurance therof had past among the Supplicants of all Estates long befoir that tyme, it being a speciall point of all their cares.

The Commissioners being removed, and staying a whyle, wer called in againe, and told by the Thesaurer, that, least ther sould be ambiguitie in words, the Lords had set doune their answers in writt, which he commandit the Clerk to reid as followes:—

Counsells answer to the Supplicatione, 21 December. The Lords of Secret Counsell haveing heard and considered the supplication and petitiones, given in by the noblemen, barrens, burgesses, and ministers, and finding the matters therin contained to be of that weight and importance that they cannot determine therin till his Majestie be acquainted with the same, and his royall pleasour returned theranent: Therfoir, the saids Lords, for answers to the saids petitions, Declaire that they will represent the same to his Majesteis royall consideratione, and that without prejudice of the Declinator given in by the saids Supplicants wherupone they 41 salbe heard in tyme and place convenient, and in the mean tyme sall receave no prejudice.

Conclusione of the First Informatione In this short Relation is contained the haill proceidour anent the Books of Canons and Commone Prayer, with the High Commissione, and that, since the 18 October, 1636, till the 21 of December, 1637; wherby the high presumptione of Bischops, intending so great alteratione on the publict worschip of God, without warrand in law and consent of the church, cannot be so weill understood as by a more full and large Informatione of our Reformatione, the perfectione wherof, both in doctrine and discipline, the often ratificatione by Nationall Assemblies and Parliaments, and the continuall practise of the same, may make the course to appear the more absurd. The want of arguments to persuade, or force to compell, or any considerable number to countenance or give way, makes it seim admirable that they interprysed to impose so many and hudge novations upon frie subjects, in custome to be ruled be the lawes, and not ignorant either of law or religion as to admit any of so many bad injunctiones. This course wanted religious consideratione and warrand, and was even against the rules of civile policie, which forbid any change in religione without the appearance of some farr greater good, and people prepared to believe so, or very great force to compell their embracement, religione having greatest power of all things over the hearts of men, either in oppinione or really; and we may perceave it hath proceidit from the blind fouldit mynds so preposterouslie hasting to fill up the measor now discoverable, and no more supportable. This confusione may be one of these wherof the Lord many tymes bringeth order, and wherin, appearantlie, we may expect the purgatione of this our professione by that his wonderfull dealling in withholding from them both spirituall and civile wisdome and counsell, and so ruleing his owne in the whole course of this bussines as they have never bein moved to use any such violence as hath bein often practised in the lyke cases of provocatione. The ruder and more ignorant sort have gone no further then crying and speaking, and these of better qualitie and understanding have only petitioned, solicited, and informed his Majestie by his Counsell; yea, with all patience 42 hath endured such delayes as could not bein expected in so important maters, proponed by so considerable parties, knoweing the same procured by their adversaries interest in the highest places of the state. Everie one resenting the generall evill now come to so great a hight, wer carried by secret motiones and inclinationes of their own hearts to these places in publict meittings wher they might expect hearing and redresse, and so wer gathered to petitione and informe together, being conveined for the most part by the warneings of him who moveth immediatlie the hearts of men, who did regulate all their proceidings in a religious and legall way, with patience to tollerat the false and groundles reproaches of their adversaries. And althogh by daylie growing numbers they wer tuentie for one, yitt did they vent no word nor act of violence, bot still seiking remead by law, do undoubtedlie expect the same from the hands of their just King, efter that his Majestie is rightlie informed of their proceiding. And to that end, they ar hopefull and confident, these statesmen (who ar intrusted by the Lords of Counsell for representing to his Majestie their judgments anent the thrie Supplications given in to them,) will by this preceiding true Relatione of the humble behaviour of the Petitioners in so great and weightie ane affair, clear his Majesteis mynd from all misconceptiones arysing from the misinformatione of their adversaries of the Supplicants or their proceidings; that by the continuance of his Majesteis wonted favour to the whole Supplicants, and speciallie to his Majesteis antient citie of Edinburgh, in restoring to them their ordinarie judicatories (wherof the removeall is a prejudice to the whole kingdome) in the accustomed seatts of justice, as the gratious tokens and fruits of his Majesteis favour, they may be encouraged to continue in all humble service of dutifull subjects, and to pray for his Majesteis prosperous and long raigne over us.

43 Heir followes all the private passages, from the 6 December to the end therof, not contained in the Historicall Informatione, bot marked with inclosers.

The Supplicants choyse advocats, and advyse with them. The Noblemen choysed advocats, with whom they advysed all their bussines, viz. Messrs. Roger Mouat, James Baird, Thomas Piersone, Thomas Nicholsone younger, and Archibald Johnestone, anent the High Commission, and illegalitie therof; anent their meitings, if they might answer for them in law, being for a just cause, and in a peaceable maner, with a legall proceiding; anent these who ar introducers of these innovationes and exclames against them as seditious, how farr they may proceid against them in law; anent the proceidings of the people in Edinburgh, Glasgow, and Brichen, how far they might be broght within compass or defendit by law. The noblemen advysed anent the Universities, to be advertised about reading of books of unsound philosophie, and unsound divinitie, and sum Commissioners to be sent for that effect.

Rothes meits with Thesaurer. Thesaurer and Southesk meitting in Duries house at their returne from Lithgow, sent for Rothes on Fryday, 8 December, at night, Dury being present, wher the Thesaurer spoke to Rothes more frelie then ever; having never befoir shown directlie his owne particular dislyke of the Servicebook, did ther declair he wold rather lay doune his whyte staffe then practise it, and wold writ his mynd frelie to his Majestie; bot did rune much upone some satisfactione to the Kings Majesteis honour, by getting Edinburgh Thesaurers overture anent the Toun of Edinburghs satisfactione to the King. submitted, either by legall persuite or voluntarie submission; and gave all vowes and oathes that he sould bleed sooner then any of them lose lyfe or blood; bot only that the King might be ryghted in the eyes of the world for the contempt which appeared to proceid from this people to his authoritie. When Rothes was gone, Thesaurer exprest to Southesk and Dury that he wold have the keyes of the toun, and charter of their liberties, delyvered to the King, and six Commissioners from the toun publictlie prostrate themselves befoir the King as he wes goeing to the chappell at 44 Whytehall tuo severall dayes; and upone the thrid day, upone the Scots Counsellers that wer at court their prostrating themselves with the Commissioners befoir the King, the King wold redelyver their keyes and charter of their liberties, and pardon them.

Names of the Commissioners. The Commissioners that went the 9 of December wer Rothes, Montrose, Lyndesay, and Loudone, and the Laird of Auldbarr. And ther went upone the eleventh day the four noblemen forsaid; and of barrens, Auldbarr and Keir, Cuninghamheid; and of burrowes, James Cochraine and Thomas Patersone for Edinburgh, and [    ] for St. Johnstone; of ministers, Roxburghes passione. Mr. Alexander Hendersone and Mr. David Dick. My Lord Roxburgh did flee out in many great oathes, that we wold irritate a good King, in dealing with him in so peremptorie and rude maner; acknowledging, withall, that the hand of God was in it, and that he feared he wold imploy all his power to maintaine that which we sought in so rude a maner to overthrow. Mr. Hendersone did reprove him for his oft swearing.

A Letter from the Counsell to my Lord Sterline, efter the tuo first Dyetts at Dalkeith.

Our verrie honorable and good Lord,

Counsells Letter to my Lord Sterline, 14 December. The Earle of Roxburgh, upon the 7 of this instant [produced] to his Majesteis Counsell his Majesteis letters directed to them, to wait on for a frequent meiting of the Counsell; for obedience wherof letters wer ordained to be directed to all these of the Counsell who wer not present; which was done. The other letter was the letter of trust, and with all commanding the Counsell to take the readied way for vindicating his Majesteis honour and setling the peace of the kingdome. Therefter the Earle of Roxburghe did signifie his Majesteis pleasour anent the places of Counsell and Sessione; according to the which, the Lords preferring his Majesteis commandements to all particulars, ordained the Counsell to sitt at Dalkeith till the 1 of February, and the Sessione than to be begune and held at Stirling. Therfoir, the Earl of Roxburghe represented his Majesteis favour and declaratione anent the mistake of his Majesteis intentione in the maters of the Service-book, according wherunto the Counsell ordained proclamatione to be made, (wherof we have heirwith sent your Lordship a double,) which was published at all the publict places of this kingdome, and which we caused to be done at Lithgow befoir our removal, and therefter at the Mercat Croce of Edinburgh, in most solemne manner, with displayed coat of armes and sound of trumpet; which gratious expressione was accepted in all humilitie and thankfulnes be his Majesteis subjects. Therfoir, the Counsell mett at Dalkeith on Tuysday and Wedinsday, being the 12 and 13 December, wher they entered upone consideratione of the way of the tryells of the trubles of Edinburgh, and of the causes and effects, authors, actors, and whole circumstances therof, and continued the mater till 45 Tuysday nixt, upone a motione made to the Counsell be the Provest of Edinburgh. Therefter, some of the noblemen, barrens, and burgesses, and ministers, in a most humble and modest way, according to the order taine the 15 November, desyred to be heard, and offered to give in a Petitione; hot the Counsell, being carefull to follow his Majesteis gratious commandments and directions, which wer represented to them by the said Earle of Roxburghe, entered in a serious consideratione how far they might receave petitions, and in what nature; wherin the Counsell debated and laboured the most pairt on Tuysday and all Wedinsday, and finding sum things to tend to informations against Bischops, in their cariage concerneing the Service-book, the Lords absolutlie refuised to receave any thing of that nature, and expected to hear no more of this petitione; and upon Tuysday we ar to meit again at Dalkeith for prosecuting this mater, according to his Majesteis commandements. And we rest. From Dalkeith, 14 December, 1637.

Supplicants resolve on a Historicall Informatione, December 21. After their return to Edinburgh, on Thursday 21, that same night it was thoght fitt in the Committie to draw up a Historicall Informatione for cleiring our proceidings from calumnies; to draw up informatione against the Service-book, Book of Canons, High Commission; and to speak the Thesaurer and Privie Seall;—1. By four Noblemen speak Thesaurer and Privie Seall. Since they wer the pryme statesmen, and this was a bussines of cheif importance, they wold be pleased to be the cariers of what was to be addressed to his Majestie; 2. That the use of the Service-book might be discharged in us als weill as it is left off in other pairts; 3. Concerneing the impunitie of the Toune of Edinburgh. For speiking with the statsmen, the fore-named noblemen wer appoynted, and upone the morne spok with them. To the First they show their irresolutione concerneing the way of sending things to his Majestie; and for themselves they wer unwilling to undertake, except they wer called for by his Majestie; 2. They could not, except sum of us wold supplicate for that effect; for if they did, the Bischop wold complaine of them, as dischargeing it ther wher it was in peaceable possessione; 3. They did give nothing bot shifting and doubtful answers to Lyndesay, who did propone it.

Supplicatione of the Ministers in St Andrewes Presbitrie, 23 August 1637.

Supplicatione of Ministers. See page 5. My Lords of Secret Counsell, unto your Lordships humblie meanes and showes, Wee, your servitours, Mr. Alexander Hendersone minister at Lewchares, Mr. George Hamiltone minister at Newburn, Mr. James Bruce minister at Kingsbarnes, that wher we wer requyred of late by the Moderator of our Presbetrie to receave tuo copies of the new Book of Commone Prayer, and declairing ourselves willing each of us to receave one of the saids books to reid, that we might 46 know what it contained befoir we could promise to practise it, alleadging that in the maters of Gods worschip we are not bound to blind obedience, it was refuised us, and taken out of sum of our hands; and yitt we ar now charged with letters of horneing directed be your Lordships, upone a narrative that we refuised the said books, out of curiositie and singularitie, to provyde each one of us tuo of the saids books for the use of our paroches, which hath made us, who wer never befoir acquainted with any charge from authoritie, and knowing no other way so just and void of offence, to have our recourse to your Lordships, most humblie intreating that the charges may be suspended, for the Reasones following:—

1. Becaus this Book is neither warrandit by the authoritie of the Generall Assemblie, which ar the representative kirk of this kingdome, and hath ever since the Reformatione given directione in matters of Gods worschip, nor be any Act of Parliament, which in things of this kynd hath ever bein thoght necessarie by his Majestie and the Estates.

2. Becaus the liberties of the true church, and the forme of worschip and religione receaved at the Reformatione, and universallie practised since, is warrandit by the acts of Generall Assemblies and diverse Acts of Parliament, especiallie the Parliament 1567, and the late Parliament 1633.

3. The Kirk of Scotland is a free and independant kirk, and her owne pastors sould be most able to discerne and direct what doeth best beseem our measour of reformatione, and what may serve most for the good of the people.

4. It is not unknowne to your Lordships what disputing, division, and trouble hath been in this kirk about sum few of the many ceremonies contained in this Book, which being examined, (as we salbe ready, a competent tyme being assigned by your Lordships, to shew,) will be found to depairt farr from the forme of worschip and reformatione of this kirk, and in points most materiall to draw near to the Kirk of Rome, which, for her heresies in doctrine, superstitione and idolatrie in worschip, tyrranie in government, and wickednes everie way, is as Anti-christian now as when we came out of her.

5. The people have bein other wayes taught by us, and be our predicessours in our places, ever since the Reformatione; so it is lyklie they will be found unwilling to the change, [when they shall be assayed,] even wher their pastors ar willing.

In respect wherof, the saids Letters of horneing, whole effects and executiones therof, ought to be suspendit simpliciter in tymes comeing.

Heirfoir, we beseich your Lordships that we may have Letters direct, chargeing the persones who have caused use this charge against us to compeir personallie, bringand and produceand the saids Letters of horneing, with the executiones and indorsationes therof, befoir your Lordships at a certane day, to be sein and considered, &c. And in the mean tyme to suspend, &c. and your Lordships answer.

Informatione for Noblemen Counsellers given by Ministers, 23 August, 1637.

[In formatione for Noblemen Counsellers.] First, The Book of Commone Prayer hath no warrand of Nationall Assemblies, which in all nationes sould direct, and in this natione doth direct in the maters of Gods worschip ever since the Reformatione.

2. It hath no warrand of the States of Parliament, without whose consent to alter the forme of worschip, and to enjoyne all his Majesteis subjects, alsweill civile as ecclesiasticall, to receave 47 eny forme of worschip, under the payne of rebellione, we desyre to consider how important it is.

3. The forme of worschip here is ratified by the Parliament 1633, and consequentlie all different formes (such as this is) are forbidden.

4. This kirk is a free and independant kirk, such as the kingdome is a free and independant kingdome, and our owne Parliament can best judge what is for the good of the kingdome; so our owne pastors sould be most able to judge what forme of worschip best beseemeth our measour of reformatione, and what serveth most for the good of the people.

5. This Book destroyeth all the order of kirk-sessions, presbitries, and assemblies, and putteth the censure of doctrine, admissione of ministers, and the whole governement of the kirk assemblies, in the hands of Prelats.

6. It establischeth a reading minister; whoever can reid the Book may be a minister; and he who is best gifted must say no more nor he readeth, whether in prayer, baptisme, or communione.

7. It prescryves Apocripha to be red, as it wer the foundatione of the prophets and apostles; hath many gross points of Poperie, and oppeneth a wyd doore by generalities and ambiguities of speach to many moe; as we salbe readie, and ar most desirous to be employed to manifest in particular, upon a competent tyme granted to us by authoritie.

Supplicatione, 20 September.

[Supplicatione of Noblemen, &c. See page 7.] My Lords of Secret Counsell, unto your Lordships humblie meanes and shewes, Wee, Noblemen, barrons, [ministers,] burgesses, and commones, occasionallie here present, being most desyrous to testifie our loyaltie to our dread Soveraigne, and to give obedience to his Majesteis royall commandements, and considering that this new Book of Commone Prayer, which all his Majesteis subjects, both ecclesiasticall and civill, by open proclamatione, ar commandit to receaue with reverence, as the only forme to be used in Gods publict worschip in this kingdome, and the contraveiners to be condignlie censured and punisched, is introduced and urged in a way that this kirk hath never been acquainted with, and containeth many verrie materiall poynts contrarie to the acts of our Nationall Assemblies, his Majesteis lawes of this kingdome, and the religione and forme of worschip establisched and universallie practised, to the great comfort of all Gods people, his Majesteis subjects, since the Reformatione, which may tend to the great disquyeting of their consciences, and to the hinderance of that harmonie and comfort, which from the influence of his Majesteis government all do pray for, and we doe still expect; We doe, therfoir, in all humilitie, supplicate that your Lordships, out of your care of religione, so seriouslie recommendit to your Lordships by his Majestie, and your compassione of our present caice, wold be pleased fullie to represent unto his Majestie these and the lyke considerationes knowne to your Lordships, that this affair of so great importance may not appear to his Majestie to be a neidless noise; hot as it is indeed the verrie desyre of our hearts for the preservatione of true religione amongst us, which is dearer to us then our lyves and fortunes; and if this be refuised, We humblie crave a hearing of your Lordships of our just grievances befoir your Lordships conclusione, that by your Lordships counsell sum way may be found wherby we may be delyvered from the fear of this and all other innovationes of this kynd, and may have the happines to enjoy the religione, as it hath bein, by the great mercie of God, reformed in this land, and is 48 authorised by his Majestie, who may long and prosperouslie raigne over us; and your Lordships answer.

Supplicatione of the Toune of Glasgow, 20 September, 1637.

[Supplicatione of the Town of Glasgow. See page 8.] Unto your Lordships, his Majesteis most honorable Privie Counsell, humblie meanes and showes, Wee, his Majesteis most humble and loyall subjects, the Burghe and Citie of Glasgow, That wheras our pastors, in obedience to your Lordships charge, haveing cost for us the Book of Commone Prayer, and communicate the same with us and the inhabitants of the said burghe, wee find many things therin so farr discrepant from the forme of the publict worschip of God, which, according to the lawes of this realme, both civill and ecclesiasticall, we have practised since our happie reformatione from Poperie, and many lykwayes which our weak judgements cannot comprehend whither they tend, and some also vareing from the rites of our sister Church in Ingland, that our hearts doe tremble, and our weak consciences will not suffer us to embrace and practise. We have bein unwilling to oppose the beginings of alteratione from the uniforme practise in publict worschip in this realme since the first Reformatione, bot gave way to what was concludit by the acts of a Generall Assemblie and Parliament, being put in hopes from tyme to tyme that the alteratione sould proceid no further; bot now ar appealled with fears to see our selves brevi manu depryved of that libertie in serving God, which both state and church approved by publict authoritie, and constrained to embrace another, never so much as either agitate in Generall Assemblie or authorized by Parliament. In such extreamitie, whither shall we have recourse but to your Lordships, the commone fathers of this countrie, and his Majesteis most faithfull Counsellors, whose deep judgement, credit with our Soveraigne, and zeall of Gods glorie, is such, that we took some comfort in this our straite, and hope that your Lordships will not disdaine this our humble suite, but will represent this our present case to our Sacred Majestie, and find out sum safe way to delyver us from our fears, and innovatione of religione, that we may be encouraged to serve God and his Majestie, and pray as for his Majesteis prosperitie, so for your Lordships honour here on earth and happines in heaven; and your Lordships answer.

Supplicatione of Auchterairder Presbitrie, 20 September, 1637.

[Supplicatione from the Presbitrie of Auchterairder. See page 8.] Unto your Lordships of his Majesteis most honourable Privie Counsell, humblie meanes and shows your Lordships servitors, Wee, the Bretheren of the Presbitrie of Auchterairder, within the diocie of Dumblaine, That wheras ther is a Proclamatione, commanding a Book of Commone Prayer to be receaved within this kingdome, which is nether warrandit by the authoritie of Generall Assemblie nor Parliament, (which has bein ever used in this kingdome in like cases,) and hath many things contrair to the Confessione of Faith and forme of publict worschip allowed by authoritie, and practised in this kingdome ever since the Reformatione, and also containeth many gross and superstitious points maintained by the Romish Church contrair to Gods word, as may be made cleir efter due examinatione taken theranent. Therfoir, Wee most humblie supplicat your Lordships, for the Lords cause, to consider the premisses, and to doe your best endeavours that wee may be free of the same; and your Lordships answer.


Supplicatione against the Service-book, with a complainte upon Bishops, 18 October, 1637.

[Supplicatione against the Servicebook. 18 October. See page 16.] My Lords of Secret Counsell, unto your Lordships humblie meanes and shewes we undersubscrybers, noblemen, barrens, ministers, burgesses, and commones, That wheras we wer in all humilitie and quyet maner attending a gratious answer of our former Supplications against the Service-book imposed upone us, and ready to shew the great inconveniences which upone the introductione thereof might ensue, we ar, without any known desert, farr by our expectationes surprised, and charged by publict proclamatione to depart of the toun within 24 hours next therefter, under the payne of rebellione; by which peremptorie unlawfull charge our feares of a more summar and strict proceiding in thir maters are augmented, and the course of our Supplications intercepted. Wherfor we ar constrained, out of the deep griefe of our hearts, humblie to remonstrate, That wher the Archbishops and Bishops of this realme, being intrusted by his Majestie with the governement of the affairs of the Kirk of Scotland, have drawne up and set furth, or caused to be drawne up and sett furth and enjoyned upon the subjects, tuo Bookes; in the one wherof, called the Book of Commone Prayer, not only are sawen the seeds of divers superstitions, idolatrie, and false doctrines, contrair the true religione establisched in this realme by diverse acts of Parliament, bot also the Service-book of Ingland is so abused, especiallie in the matter of the communione, by additions, substractions, interchenging of words and sentences, falsefying of titles, and misplaceing of collects, to the disadvantage of reformatione; as the Romish masse, in the maine and substantiall points, is made up therin (as we offer to instruct in tyme and place convenient) close contrair unto, and for ranversing the gratious intentions of the blessed reformers of religione [in Ingland]. In the other book, called Canons and Constitutions for the governement of the Kirk of Scotland, they have ordained, that whosoever shall affirme that the forme of worschip contained in the Book of Commone Prayer and Administratione of the Sacraments (wherof heirtofore and now we most justlie complaine,) doeth contain any thing repugnant to the Scriptures, or ar corrupt, superstitious, or unlawfull in the service and worschip of God, shalbe excommunicat and not restored, bot by the Bishop of the place, or Archbishop of the province, after his repentance and publict revocatione of these his wicked errours; besides 100 canons moe, many of them tending to the renueing and fostering abolisched superstitiones and errors, and to the over throw of our churche discipline, establisched by Acts of Parliament, opening a doore for what further innovations of religione they please to make, and stoping the way, which law befoir did allow to us, for suppressing of errour and superstitione, and ordaineing that wher in any of the canons ther is no penaltie expresslie sett doun, the punischment shalbe arbitrarie, as the Bishop shall think fittest; all which canons wer never sein nor allowed in any Generall Assemblie, bot ar imposed contrair to order of law, appoynted in this realme for establisching of matters ecclesiasticall; unto which tuo Bookes the forsaid prelats have under trust procured his Majesteis royall hand and letters patent for pressing the same upone us his loyall subjects; and yitt ar they the contryvers and devysers of the same, (as doth cleirlie appear by the frontispeice of the Book of Commone Prayer,) and ar begune to urge the acceptance of the same, not onlie by injunctions given in provinciall Assemblies, bot also by open Proclamatione and charges of horneing, wherby we ar driven in such straitts, as we must either by process of excommunication and horneing suffer the ruin of our estates and fortouns, or else, by breach of our covenant with God, and 50 forsaking the way of true religione, fall under the wrath of God, which unto us is more grievous then death. Whairfor, we being persuadit that these their proceidings ar contrair to our gratious Soveraigne his pious intentione, who, out of his zeall and princelie cair of the preservatione of true religione, establisched in this his ancient kingdome, hes ratified the same in his Hienes Parliament, 1633, and so his Majestie to be heighlie wronged by the said Prelatts, who have so far abused their credit with so good a King as thus to ensnare his subjects, perill our kirk, undermyne religione in doctrine, sacraments, and discipline, move discontent betuixt the King and his subjects, and discord betuixt subject and subject, contrair to severall Acts of Parliament, do, out of bounden dutie to God, our King, and native countrey, complain of the forsaid Prelatts, humblie craveing that this matter may be put to a tryell, and these our parties taken order with, according to the laws of this realme, and that they be not suffered to sitt any more as our judges, untill this cause be tryed and decydit according to justice; And if this shall seim to your Lordships a matter of higher importance then ye will condescend unto befoir his Majestie be acquainted therwith, then we humblie supplicat that this our grievance and complaint may be fully represented to his Majestie, that, from the influence of his gratious government and justice, thir wrongs may be redressed, and we have the happiness to enjoy the religione, as it hath bein reformed in this land; and your Lordships answer.

Bill of the Supplicants given in at Dalkeith, 21 December, 1637.

[Bill given in 21 December. See page 38. My Lords of Secret Counsell, unto your Lordships humblie meanes and shewes, wee, noblemen, barrones, ministers, and burrowes, appoynted to attend his Majesteis answer to our humble petitiones and complaints, and to give in remonstrances, and to preferr new grievances, and to do what else may lawfullie conduce to our humble desyres, haveing now at length, both severallie and with them that hath sent us, more larglie considered how deep this matter drawes, and how important the consequences therof may be, farr above any thing that doth or may concerne us in this present lyff; that wheras, upone the 20 September last, we presented a humble Supplicatione to your Lordships, and another upone the 18 October last, wherunto we now adhear, and did therin humbly remonstrate our just exceptiones against the Service-book, Book of Canons, as also against the Archbishops and Bishops of this kingdome, as the contryvers, mainteiners, and urgers therof, and against their sitting as our judges untill this caus be decydit, earnestlie supplicatting withall to be freed and delyvered from these and all other novations of that kynd, against the laudable laws of this kingdome, as that of the High Commission and other evills particularlie mentioned and generallie contained in our forsaid Supplicationes and Complaint, and that these our parties, delinquent against our religione and lawes, may be taken order with, and these our pressing grievances may be redressed, according to the lawes of this realme, as our forsaid Supplications and Complaint, and the just doubles therof heirwith reproduced, at more length doth bear; and seimg we, your Lordships humble Supplicants, have, with a great deall of patience expected, bot as yitt hath received no answer at all to these our humble desyres, and so ar still lyable to the great danger of these pressing evills, which tendeth to the utter ruine of true religione, establisched and practised in this kingdome, and of our whole estates and liberties; lykas, since the presenting of these our humble Supplications, as at dyverse tymes befoir, many of these prelatts have putt in publict practise by themselves, and have pressed to be 51 practised by others, the forsaid unlawfull Bookes, that containe diverse supperstitions and points of Poperie, which his gracious Majestie doth heartilie abhore, as being contrair to the word of God, and against the laudable lawes of this realme, according to his Majesteis intentione gratiouslie declared in the last Proclamatione made at Lithgow and Edinburgh, 7 and 9 days of December instant; lykeas, sum of the ministers of Edinburgh and other places have privatlie in their speaches, and publictlie in their sermons, traduced and sclandered our legall proceidings and humble Supplications with the odious and intolerable imputatione of rebellione and conspiracie against authoritie, and have laboured to defame us his Majesteis good subjects with the names of rebells and seditious bankrupts; therfoir, we do most earnestlie crave that your Lordships wold be pleased to reid, consider, and give present answer to our forsaid Supplicatione and Complaint, or represent the same fullie to his Majestie, as the equitie of our cause, and great importance therof, doth requyre; and for the better satisfieing our just desyres, we humblie beseiche your Lordships to interceid with his Majestie, that, by your Lordships mediatione, warrand may be obtained to the judges competent, alsweill civill as ecclesiasticall, for a formall and finall determinatione of these our pressing grievances; and that warrand may be given be your Lordships for pressing and calling befoir you all these who have thus wronged us in the point of our alleadgence and loyaltie to our gratious Soveraigne, against law, and contrair to his Majesteis late declaration; and your Lordships answer.

Declinatour given in that same day.

[Declinatour, 21 December. See page 38.] Wee, noblemen, barrens, burrowes, ministers, appoynted to attend his Majesteis answer to our humble Petitiones, and to do what else may conduce lawfullie to our humble desyres, do crave that all Archbishops and Bishops may be declyned, and not permitted to sitt as our judges, nor to vote or judge in the answer or answers to be made or given by your Lordships to our Supplicatione and mater of our Complaint therin conteined, becaus the said Archbishops and Bishops ar by the said Supplicatione, and whole strain therof, made our direct parties, as contryvers, devysers, introducers, and mainteiners, and urgers upone us and others his Majesteis good and loyall subjects, of the book called the Book of Commone Prayer, and the other called the Book of Canons and Constitutions for the government of the Kirk of Scotland, both altogether unlawfull; and also they are made our parties for being authors of sundrie other innovations and just grievances, in maner and for the reasons at length mentioned and sett doune in our said Supplicatione, or in one or other of them; and therfoir, out of bund dutie to God, our King, and native countrey, have, by our said severall Supplicationes, complained to your Lordships upone the saids Prelatts, and have humblie creaved that the mater therin conteined may be putt to tryell, and the Prelatts our parties taken order with, according to the lawes of this realme, and not suffered to sitt as our judges untill the cause be tryed and decydit according to justice; and so the saids Prelatts being our onlie parties upone whom we have at this time complained, they cannot sitt as our judges, and therfoir must be declyned, according to the laudable lawes of this and all other nations in the lyke caice.

52 First Historicall Informatione drawn up. On the day of December, the meiting of the noblemen, barrens, &c. dissolved; and ther was appoynted to stay behind, for drawing up the Historicall Informatione, my Lords Rothes, Loudon, and Balmerinoche. Rothes haveing finished his draught, upone the 28 December delyvered it to Balmerinoche, who shewing the same to Loudon, and he did take out sundrie things therof which he had omitted in his owne relatione. Both being put in the hands of Balmerinoche, wer delyvered by him to Mr. Archibald Johnestone, who made choyse of Rothes draught, and by Balmerinoche his advyse added sumthing therto, viz. concerneing the letters writ by the Toune of Edinburgh to the Bishop of Canterburie and Lord Sterline, and the letters from Canterburie to them, which he did upone the sight of letters that Rothes had never sein; also mendit sum words.

Provest dealls with Edinburgh Counsell to supplicate severallie, because a Nobleman had said they wold forsake them if they wer persued. Upon the 29 December, the Provest of Edinburgh comes to the Toune Counsell, wher he had not bein of a long tyme, and ther pressing them to petitione by themselves, and sunder from the commone Supplicatione, upon that reasone that a Nobleman had said to a Privie Counsellor, that the noblemen wold leave the toun to themselves, if they sould be perseued criminallie for their tumults; which lying heavie on the Toune Comissionars, James Cochrone, Johne Smyth, and Thomas Patersone, who had persuadit the whole Toun of the contrair, upone the many assurances given by the noblemen to them, made sum of the nobilitie, gentrie, burrowes, and ministers who wer still in the toun meit togither at Johne Eliotts house, and reassure the Commissionars of their constant promised unione with the Toun. The nixt morneing they mett againe, and Sir Johne Sinclair, William Gray, and William Dick, wer desyred to meit with them; to whome they affirmed, that what their Provost had spoke was bot a lie, willing them to give the Toun Counsell assurance that they wer still myndit to the utmost of their power to assist the Toune in all their lawfull defences, and to believe nothing that their Provest spoke to the prejudice of the nobilitie. The Toun Counsell being conveined that same day, the Provost still pressed the severall way of supplicating, alledging that he had a commission fra the Chanceller, 53 Thesaurer, and Privie Seall, to deall with them for that effect. It went to voteing, and ther was not one vote to second the Provest. My Lord Thesaurer and Privie Seall also professed that he had no such commissione from them, for they had employed Southesk and Lorne in the bussines; and so Edinburgh dealt with to give the King a complement. the Provest was tuyse taken with a lie. Ther was much dealling with the Toune efterward to give his Majestie some complement by the Thesaurer, and to crave the returne of Counsell and Sessione, without acknowledging any guilt. Bot neither the Toune Counsell, nor the Noblemen, nor the Commissionars of barrons and burrowes that wer in toune, lyked weill of this motione; so that nothing was done to that end, save a word cast in the end of the Historicall Informatione.

President posts up against promise. The President of the Sessione had gone away the 22d December, notwithstanding that his father, the Chancellor, had promised to the Thesaurer and Privie Seall (who had requyred it at the desire of the nobilitie) that he sould not take journey for ten or tuelff dayes to come. He caried pestiferous directiones and wrong informationes concerneing the haill proceidings of The Informatione goes up in the Thesaurers company. the Supplicants, as the event did testifie. The Thesaurer goeing for court, the        January, was desyred to carie with him the Historicall Informatione, which he refuised; yitt was content that the Justice-Clerk (wo rode in his companie) sould carie it along with him. The Commissioners that wer in toune desyred to have copies of the Informatione, bot it was thoght fitt that it sould be sein by their advocatts befoir it was dispersed. Mr. Advocate opinions of the Informatione. Robert Balcanquhell, minister of Tranent, (who had heard the Informatione read in the meiting of the Commissionars,) did preoccupie the advocats, alleadging, that it was too salt and bitter against the Bischops. Wherupone they did condemne it in many things. Bot efter that the mater was dispute with them, and they understood what advantages the adversarie wold take upone their exceptions being rightlie informed, they acquiesced, and wer ashamed at the rashe rigid censure.

54 Heir begines the Historicall Informatione, of or fra the 15 February, 1638, to the ——— March, 1638.

Second Historicall Informatione begins. The Lords of Secret Counsell having receaved from the Supplicants their petitione, complaint, bill, and declinatour of Bischops, at Dalkeith, the 21 December last, promising to represent the same to his Majesteis royall consideration, as containeing maters of that consequence wherin they could not determine by themselves; their Lordships wer then earnestlie pressed by the Supplicants not only to recommend these, but to entreat the Thesaurer and Privie Seall to carie the Informatione, and informe his Majestie in these maters, which did weill befitt their places, being the greatest affair that ever did fall within the compass of their considerations; becaus a dumbe informatione (though never so exact) was not capable of replyes, nor could it anticipate such doubts as his Majestie might propone. This desire was oft repeated in private to my Lords Thesaurer and Privie Seall by diverse of the Supplicants, with a demonstratione of these evills which might flow from his Majesteis want of informatione and knowledge of the true state of bussines heir.

February 15. Tuo Supplicants sent to Thesaurer. The longing desire of the Supplicants for their answer made them appoint sum of their number to attend at Edinburgh, for getting and giveing notice of my Lord Thesaurers returne from Ingland; and upon advertisment that he was expected about the 12 or 14 of February, many of the Supplicants resorted thither; who being togither at his comeing to Edinburgh, February 15, and expecting then answers to their supplications, tuo of their number were sent to enquyre for the same. Being with the Lord Privie Seall, his Lordship denyed his haveing any answer to them, or that he knew any certane tyme when they might expect the same, or by whom; only he believed they sould have it shortlie. He acknowledged not that the Counsell had recommendit to him the carying and informeing anent the Supplications, bot that his Majestie had receaved the Supplications, and considered them. The Thesaurer and Privie Seall, taxing the 55 petitioners for impatience in waiting his Majesteis answer, wer answered, It is now neir halfe a year since the first Supplicatione was delyvered to the Counsell in September; and the mater concerneing wrong done to religione ought to have been speedilie repaired by his Majestie, as being the Lords deputie over his people, especiallie for that religione wherto himself is subject alsweill as his people, God haveing alwayes expressed such displeasure at the corruptione of his true worschip, or introduceing of any seeds of superstitione or idolatrie, which wer alwayes informed of these things we petitioned against, that they are confident they wold have obtained a speidie redress from so good and religious a prince, if his Majestie had been trulie informed, or not prevented by such suggestions as excused or covered the unsoundnes of these books, and wickednes of these other novationes; and assured, if the mater had only concerned their owne lyves and fortounes, they wold have patientlie endured the longest delay of his Majesteis resolutione; bot this mater might excuse importunitie in them, and requyred expeditione from his Majestie. They found the Thesaurer spare to discover any thing that concerned that bussines; [and they] parted to make ane accompt of their obscure answer.

Rothes conference with Thesaurer. Upone Fryday morneing, Rothes all alone came to the Thesaurer, becaus the nyght befoir when he and Lyndesay was with him, he told Rothes he had many things to tell him in private that most concerned themselves, and had discourse with him the space of tuo hours; wher the Thesaurer seimed to regraite that all our proceidings wer reported to the King by way of Sederunts, Supplicants proceidings all writ to the King by their adversaries. sic a day, sic barrens, sic burgesses, &c. and sic conclusiones; that his Majestie had all our Supplicationes, and all our motiones in December, befoir his comeing ther, especiallie that of no alteratione, wherat great exceptione was taken, meaning therby, the answer was given to the motione was made and pressed of disjoyning Supplications; that the King knew who had penned evrie particular, who corrected it, who approved it, and who objected against it; who wer our lawiers, nameing Mr. Johne Nisbet for one of them, who was not; and reporting sundrie other things, which wer meer mistakings and misinformations; thoghe he knew many other things 56 which we thoght had been keipt more close. Rothes enquyred, if the King had sein the Historicall Informatione which went up with the Justice-Clerk. The Thesaurer said, he neidit not, for it was at the presse befoir his comeing up. Rothes replyed, that could not be; for ther was not a copie of that Informatione ready befoir that which the Justice-Clerk receaved. The Thesaurer said, the King had all the particulars, thogh he had not the verry body of that Informatione, and he believed the King had sein that Informatione. Also he told how treacherouslie he had bein used; for whyll Privie Seall and he wer dealling with the Chanceller for drawing things to a pacificatione, and had condiscendit upone sum articles, and wer writting accordinglie to Court, letters wer written underhand to the contrair; and by the reproaches he did putt on them, it appeared he meaned sumwhat by the Chanceller, but much by the Clerk Register. He told how farr the King was misinformed of Rothes. Rothes told him what a glorie it wold be to the King to right his subjects, and free them of these illegall oppressions they lay under. When he objected, we soght the The desyres of the SUpplicants. destructione of Bishops, which the King wold never hear. Rothes answered, we creave no more but the discharge of the Service-book, Canons, and High Commissione; that no oath sould be taken of Ministers be their ordainatione bot that which is allowed be the Act of Parliament, which gave Bishops the power of ordaination; that Bishops might be restrained be these caveats wheron the Kirk and King condiscendit, that they might not be incontrolable, bot lyable to censure as the rest of the leiges; and that a Generall Assemblie might be appoynted evrie yeir, that so errors and absurdities in all churchmen might be taken order with; and without these meines of censure and restrictione, thogh Poperie wer now held out, yitt it might efterward enter, so long as such unlimited power remained with the Bishops, which behoved to be remeadit; and if the King wold willinglie discharge the Acts of Pearth, which added nothing to his power, honour, nor just contentment, and was the subjects just grievance, he might expect a 600,000 lb. subsidie, which he neidit not expect. Rothes said to him, in jest, if no other order could be had of the Bishops, the noblemen, barrons, 57 and burgesses wold sitt upon them and hang them. Wherat he said againe, in jest, Rothes was madd.

February 16. Upoon the report of a Proclamatione, sum Supplicants spok with the Thesaurer and Privie Seall. On the 16, sum of the Supplicants gott notice of a Proclamatione to be made, which contained his Majesteis approbatione of the Service-book as onlie fitt for the life of this Church, and takeing on himselfe the causeing frame it; a dispenseing with the noblemen and gentlemen for the bygone meitings, and a discharge of all their meittings heirefter, under the paine of treasone. Wheron four or fyve of the Supplicants wer sent fra the rest to the Lords Thesaurer and Privie Seall, who meitting first with Privie Seall, and discloseing to him the tennor of that Proclamatione, he seimed unwilling to speak any thing therof, professing he had no commissione, and knew nothing of that bussines. Goeing to the Thesaurer, and expressing of their griefe at the said Proclamatione, they desyred to know the truth of him; who refuised to make knowne to any what he was commandit to delyver to the Counsell only; and keiping all verrie close, yitt seimed to presse the necessitie of inhibiting meittings, and that by Proclamatione. It was answered, The obedience to that discharge was the way to let all these evills come upone them, wherwith the Church and State wer threatned, for they mett togither for advyseing anent supplicateing, and consulting about the best wayes for preventing evills; and as their end was lawfull, so had they never fallen in disorders at their meittings, neither in word nor actione, bot had alwayes concurred in the electing the best and humblest motiones, restraineing these that wer rude, which would have appeared and given offence: if ilk shyre had petitioned apart, and if they sould stay at home, what could they doe but everie one endure what wer imposed, and so the Church and State to suffer?

These returneing to the rest of their number, they all resolved only to send four or fyve to Stirling, to give Informationes to the Counsellours concerneing the Proclamatione, as efter followes:—

Informatione anent the Proclamatione. First, That the Supplicants had from tyme to tyme bein put in good hopes of a gratious answer, especiallie by the Act of Counsell in August last, declaireing that the buying of the Service-book, and not the using of 58 it, was only intendit, and by his Majesteis declaratione in December last; bot by this Proclamatione their former hopes wold be turned to fears.

2. That the proclaming a dispensatione to the Supplicants, for that which they ar assured they were doeing in dutie both to God and the Kings Majestie, wold either make his mercie misregardit, or force them to condemne their owne doeing, so justifiable before God and the world.

3. That the prohibiting such lyk peaceable meittings under the paine of treasone wold make the Supplicants either incurr the imputatione of treasone, or else be casten all in the hands of their adversaries, and cast themselves lowse of religione, libertie, and peace, against the dutie they owe to God, the King, the Kirk, [and] the countrie.

4. That contrair to the Kings Majesteis Declaratione in December last, this Proclamatione transferred the guilt of these novationes fra the Prelats upon the Kings Majestie, not that he can be judged the authour therof, bot that they may escape censure; wherby it is hard to say whither his Majestie be more dishonored or justice frustrated, or his Majesteis good subjects disappoynted.

5. That the Supplicants tremble to think, that efter so many Supplicationes and Declarationes, bearing the manifold seeds of heresie, superstitione, and idolatrie to be contained in the Service-book, it sould be declaired by Proclamatione to be the forme of Gods publict worschip, and the ready meane of maintaineing religione, and holding out superstitione, which most make the subjects either receave what their consciences doth condemne, or directlie to oppose themselves against this Proclamatione.

6. That since many worthie Counsellours hath regraited the first Act in favours of the Service-book, and made many excuses for the same, the Supplicants ar confident, that since their Lordships have a new occasione of more mature deliberatione, will rather give counsell to his Majestie to chuse a course that may give satisfactione to the desyres of his good people, then, by confirmeing so sumar a conclusione, grieve many, wound their owne hearts, and work further disturbance in kirk and countrie.

The Thesaurer and Privie Seall, hearing that sum wer to be directed to 69 Stirline, sent for three or four Supplicants, and understanding their resolutione preased to dissuade the same. Bot these shew the necessitie they conceaved therof, and that for preventing the inconvenients of the proclamatione, which wold prove so hurtfull; falling upone these particulars in the Informatione, and upone the report that the Burrowes wer excludit from the dispensatione offered to the nobilitie and gentrie, by the Proclamatione that a criminall persuite might be intendit against Edinburgh, did shew a resolutione in the whole Supplicants to intend a persuite against the Bischops and their followers alse soon as the other sould be wakened, and that Supplicants resolutione of a criminal persuit against the Bishops of Edinburgh wer persued. for sclandering of so many of the faithfull subjects to be mutinous and rebellious, for innovationes broght into religione by them against the lawes, for exerciseing judicatories not establisched by Parliament, to the heavie oppressione of the leidges; for the which faults, as in law their lyves could not escape, so these of Edinburgh did not fall within the compase of law for lyfe or syne, considering how little they did, how great evills wer inforced on them, and what was their Magistrats dealling towards them. The Supplicants, upone better advysement, found a necessitie of using a Declinatour at Sterline, least the Bishops sould sitt in judgement, and give out any act in that bussines wherin they wer declaired parties, and oght to be so declaired, resolveing to propone the said Declinatour only by tuo of their number.

February 18. The Supplicants resolve to go all to Sterline, upone a report of violence to be used. They wer advertised upon Sunday morning, that sum of the Bishops followers had said the Proclamatione would inhibite any of the Supplicants to appear wher the Counsell satt, and if any sould propone a Declinatour they wold be put fast; which made the Supplicants determine to go togither to Sterline, and to be present in toune at the proponeing therof, thinking that being togither they wer more able to give the Counsell informatione and satisfactione then by so few, who might be dazled with difficultie of new propositiones and acts not expected.

Lothian and Balmerinoche had a meiting with the lawiers, who resolved the Supplicants of a necessitie of a Declinatour. Upone that advertisment on Sonday, the noblemen took a sudden resolutione of dispatcheing advertisments to the rest of the Supplicants that might attend at Sterline. 60 Rothes only advertised Eglintoun and Balvaird, and a verrie few advertisments broght in a great many; the forme wherof following:—

Copie Advertisement, 19 February. Ther is a Proclamatione to be at Sterline Tuysday nixt, 20 February instant, condemneing all the former proceidings of the Supplicants and their meittings, supplications, subscriptions, solicitationes, commissions, &c.; prohibiteing all meittings and proceidings of that kynd in tyme comeing, under the paine of treasone; transferring the Book of Canons and Service-book fra the Prelats, who wer challenged for our parties and authours therof, upone the Kings Majestie, as the onlie authour and actor of the whole bussines; and declaireing the Service-book to be the only forme of Gods publict worschip, and the only meane for mantaineing religione and holding out supperstitione and idolatrie out of the land.

This Proclamatione to be concludit in Counsell makes an absolute necessitie of renuing our Declinatour given in at Dalkeith; and in caice of refuisall, to use a Protestatione according to order of law.

Becaus ther be just grounds of fear that, in case sum few goe to Sterline for this end, the mater may be miscaried, and the cause, by their weakness, receave sum prejudice, which may be helped by the presence and solicitations of many; it is by commone consent thoght necessar that advertisment be given to all that love the cause and the Kings honour, both pastours and professours of all sorts, that they use all possible dilligence to be at Sterline upone Monday at night, or Tuysday tymlie, or at least how soon possible they can, efter the advertisment cometh to their hands, and not to stay, althogh they cannot come thither on Tuysday; and in caice they find not the Commissioners at Sterline, to follow them to Edinburgh, that ther may be a generall meitting to take a solid legall course in thir maters of our religione, liberties, and lyves for tyme comeing, unto which our Protestatione maketh a legall way.

Thesaurer and Privie Seall dissuade the Supplicants from goeing to Sterline, but in vaine. A few hours efter this resolutione, sum of the Supplicants, by the permissione of the rest, declaired the same to the Thesaurer and Privie Seall for preventing of mistake, who immediatlie sent for four of the Supplicants, wishing them to change their resolutione of goeing to Sterline, and expos 61 expostulating with them for their way of careing bussines; alleadgit, if the Supplicants had followed their advyse in supplicating a pairt, and against the Service-book, Book of Canons, and High Commission only, it had succeidit better with them; that efter, they might have petitioned about the rest of their grievances, efter once hearing and proveing fullie their first complaints; that by appearance the King wold never hear them so long as they complained of Bishops, and assured that the Supplicants did now see their owne errour in not following their former advyse.

It was answered, that being a publict bussines, that concerned the whole kingdome, and the maters of sic consequence, it could not be caried in so private a way as their Lordships proposed, the mater being such, religione and policie wer extreamlie wronged. The subjects hearat grieved, behoved to have recourse to their Prince, for commanding redress by ordinarie course in law, which hath been alwayes customable to subjects in the lyke case, and if the whole Supplicants could have bein so trustfull in a mater so great and universall, as if it had bein any of their owne particulars, their Lordships could not engadge lyff, fortoune, and honour for a good succes to follow their advyse; and thoghe their Supplicationes, being restrained as their Lordships desyred, might get audience, yitt if, efter supplicating against these other evills, which ar the root that hath produced such fruits, his Majestie sould then refuise to hear any further, wold it not grieve them to see the subjects suffer by the relying on their unpaundit trust, and the whole envye transferred from the Bishops upone their owne heads? They askeing then, what course the Supplicants wold take, wer answered, They wold propone their Declinatour at Sterline, for the reasons forsaid. They saying it wold be refused, wer answered, The Supplicants wold then protest for immediat recourse to his Majestie upone their denyall of justice, and present ane Supplicatione to his Majesteis selfe. They doubting his Majestie wold accept the same, wer answered, The Supplicants behoved to doe their dutie, and commit the event to God Almightie, who is sufficientlie able to protect his owne cause and their peaceable proceidings.

The Earle of Rothes drew by the Thesaurer, told him his respect to him, Rothes speaks the Thesaurer apart not to avert his friends from the truth. and that his Lordship had oblished him to him by his favours, so that if he had the dispositione of his place he wold not take it from him to bestow it on another so long as he remained faithfull to this cause, which might evidence his respect to him, having so many freinds in Scotland to whom he had neerer relatione; and speciallie becaus his Lordship had endeavoured, at his last being at court, to rectifie his Majesteis estimatione of him, and desyred him to consider that these things wherin his Majestie did imploy him and others wer motiones suggested by Bishops to his Majestie, destructive both of religione and of the laws of the countrie, haveing no other end bot setting up their tirranicall and illegall power, and that it did become Counsellers to resist them, and show freelie the inventions of it. If his Lordship wold, in respect of his place, go further in the way of obedience, then it was safest and fairest not to endeavour the averting of his freinds, kinsmen, and these of whome he had power, from the Supplicants their course; bot to accept willinglie from them the reall excuse how far this cause for religione and the countrey did bind them, reserving alwayes their respect to him before other particular men, according to their interest. And thus the Supplicants, standing togither in one bulk, whatsoever his Majestie commandit he might endeavour a personall performance; and not being able, in regard of the great and lawfull oppositione, he might be excusable at his Majesteis hands, and the cause receave no prejudice: bot if he and others, in so ill a cause, wold prease to make a partie, it wold certanlie bring the judgement of God upon their persons and estates; and thoghe it bred a greater difficultie, and wold byd ane longer tyme, yitt they could not carie it, for God wold protect his cause, being his owne, and we haveing no worldlie interest for ourselves.

Rothes speaks Roxburghe to the same effect. Parting from him, and convoying Roxburghe home, Rothes repeated the most pairt of the former discourse concerneing the not diswading of his friends. Roxburghe took it weill, and said, Ther wold be a considerable partie, thoghe he had no hand in it, mentioning the Marquess of Huntlie. Wherto Rothes replyed, He wold not give a salt sitron for him, for tuo Fyff lairds could keep him from croseing Dundie ferrie, and halfe a dossone of 63 Angus lairds could keip him from crossing the Carnemonth; that thrie parts of his name is decayed, and he wants his two sherrifships.

February 19. Thesaurer and Privie Seall are mounted earlie, but outriden by sum of the Supplicants. Thus parteing, and returneing to the rest of the Supplicants, he appoynted four or fyve of their number to go verry tymlie to Sterline, for preventing the Thesaurer and Privie Seall their accustomed dilligence, in omitting no means that may conduce to their ends; and althoghe the Counsell-day was appoynted to be the following Tuysday be ten a-cloak, yitt was the Thesaurer and Privie Seall on horsback by tuo a-cloak in the morning, and was at Sterline by eight morning on Monday the 19 day; bot wer outriden by sum of the Supplicants, whose being before them made them expect the present comeing of the rest, and so conveined all the Counsellours present in toune to heast out the Proclamatione befoir their comeing. The Counsellours Proclamatione at Sterline, and Protestation. ther present could not make a quorum, yitt did they proceid with their Proclamatione at the mercat croce, be ten a-cloak, wher the Supplicants made Protestatione.

The Supplicants appoynted to go to Sterline wer the Earle of Home, Lord Lindsay, Lairds Weatherburne and Lammintoun.

Thesaurers footman discovers his Master was gone. A footman of the Thesaurers calling for sum aill at Johne Elliotts, wher my Lord Lindsay lay, happined (by Gods providence) to tell his master was away, wherof Lindsay advertised gave notice to Earle Home, and they wer on horsback be four hours, overtook the Thesaurer and Privie Seall at the Torwood, [and] was in Sterline befoir them.

The Earle Home and Lord Lindsay stood on the Cross, made the Protestatione, and took instruments therof in the hands of nottars.

The Supplicants crave a sight of the Proclamation, and ar refused. The rest of the Supplicants comeing efternoon, and hearing of the Proclamatione, went to the Thesaurer and Privie Seall, and other Officers of Estate, requyring a sight of the Proclamatione, that they might advyce with the same, who denyed a sight therof till it sould be proclaimed in other places; bot by relatione, they smoothing the contents therof, and differing much fra others who hard it at the Crose, made the Supplicants uncertane what it contained; who resolveing to leave no lawfull means unassayed, sent one of their number to the Clerk of Counsell, requyreing only a sight 64 of the Proclamatione for their directione; upone whose refuisall, instruments\ war taken.

20 February. The Counsellours grudged to see so many resort ther to Sterline, who had come verrie frequentlie from all the nerrest adjacent places, and that upon small advertisment. Wherupone the Thesaurer and Privie Seall sent for sum of the Supplicants, who being asked what they wer myndit to doe ther, shewed them they wold use a Declinatour, and in caice that wer refuised, a Protestatione, as they had told them at Edinburgh. They renueing their often repeated motiones of divisione without succes, wer earnest the Supplicants sould all remove out of toune, seing they wer to doe no more in these bussines. The Supplicants objected the ratificatione of the Proclamatione in Counsell, which as yitt wanted that warrand. They assured them of the contrair verrie firmlie, as also gave assurance that no prejudice sould be offered to those who presented the Declinatour and Protestatione. Wher upone they undertook to deall with the rest of the Supplicants, to whom they returned, (who being conveined in the Kirk, did fill the same,) and with verrie great difficultie obtained their consent to remove efter dinner Upone assurance the Proclamatione sould not be ratified, neither they who gave in the Declinatour troubled, the Supplicants remove fra Sterline. towards Edinburgh, upone the relatione of the assurance they had gotten the Proclamatione sould not be ratified in Counsell. And having appoynted sum of their number to stay and propone the Declinatour and Protestatione forsaid, efter dinner, as they wer going to horse, two or thrie of the Supplicants went to Thesaurer and Privie Seall, haveing sum other Counsellours with them, and desyred their stay sould not be interpret to proceid from contempt, for they could not obtaine a sight of the Proclamatione, neither from their Lordships nor from the Clerk, (having asked it, and taken instruments of his refuisall,) therby to be informed what it enjoyned; and altho it had no legall strenth, yitt, conceaving it to be a declaratione of his Majesteis mynd, which they had bein, and wold be alwayes, most willing to obtemper, without prejudice of the cause they had in hand, they wer resolved to parte.

Ther was tuo parts of all Fyff at Sterline upone Monday at night and Tuysday in the morning, with a great many of East and West Lothiane, 65 and sum out of the West, in all about seven or eight hundreth in toune; and the Supplicants sent for wer Rothes, Montrose, and Weymes.

Supplicants meit in the kirk to consult about their removall. The noblemen, commissioners of shyres, sum ministers and burrowes, reteiring to the sessone-house within the kirk, Montrose did signifie the desyres of the Counsellers concerneing their removeall from that toune, utherwayes assured the Counsell wold presentlie remove. A great many begane to sturr, and refuise the motione; bot Rothes desyred them all to consider that now they had no more to do at Sterline, since the Statesmen had given assurance that the Proclamatione sould not be ratified in Counsell, and that the Supplicants who stayed to give in the Declinatour and make Protestatione sould receave no prejudice; that it was fitting they sould remove out of Sterline, therby to prevent a callumnie of their adversaries, who wold suggest they had chased the Counsell out of Sterline, because the Counsell was resolved to remove thence if the Nobilitie stayed there; that the necessitie of the bussines craved a generall meitting, which might be more commodiouslie at Edinburgh, since the few that wer come had scarce rowme, and could hardlie get lodging there.

This opinione caried it in reasone, thogh it was once motioned to be put in voting, which Rothes resisted, except there were sum reasons proponed, which might make the case seim dubious. Montrose and Lyndsay went to the barrones of the several shyres, and Rothes to those of Fyffe, who wer als many as all the rest, told them the resolutiones and reasones therof, wheron they wer content to be gone.

Declinatour and Protestations given in to the Counsell in the castle of Sterline. When the noblemen wer gone, the Counsellers went to counsell in the Castle at four acloak; wher tuo of the Supplicants gave in the Declinatour, which being refused, contrair to the Act of Counsell at Dalkeith, they protested, and offered to take instruments in their nottars hands. And being reproached, that they broght in commone notars befoir the Counsell, they offered to take instruments in the Clerk of Counsell his hands, which he refuised; wheron they took instruments in their own nottars hands.

Proclamatione ratified, That night the Counsell ratified the Proclamatione. One who had the Informationes, and by the foir-mentioned promise was put in securitie, hearing 66 therof, caused delyver sum of them the nixt morning to sum of the Counsellers. These that relisched religione, and best knew the Service-book, being informed, found them ensnared by their consent, and wer heartilie grieved.

By all the Counsellors save the Advocat. Arthour Erskine and Sir William Murray of Powmaes gave in the Declinatour and made the Protestatione; and all that wer present in Counsell except the Advocat, did subscryve the Act, viz. Chanceller, Thesaurer, Privie Seall, Wintone, Angus, Naper, Bischops Galloway, Brichen, Justice-Generall, Thesaurer Depute, Clerk Register; wher my Lord Downe was created a Counseller, and gave his assent at ten hours at night. Rothes went to the Thesaurer, and stayed a good whyll with him. Rothes not knowing they had ratified the Proclamatione, the Thesaurer repeated his wonted The Thesaurer regrateth he is abused by letters to court, speciallie of the Clerk Register. [John Hay, lord Barra.] discourses concerning a private way of supplicating. He regraited againe how he had bein abused by letters to court, affirmeing he had sein sum of the Clerk Registers letters to the prejudice of himselfe and the cause, do that he wondered how any that loved him could bear the other any good countenance, insinuating that everie one sould hold him in a great deall of despite; withall he regraited his present perplexitie, in regaird of his Majesteis command, and the course the Petitioners took, and the difficultie of the bussines itselfe.

Proclamatione and Protestatione at Lithgow 21, and Edinburgh the 22 of February. The Proclamatione was made at Lithgow the 21 of February, wher Protestatione was made, as at Sterline, by thrie or four of the Supplicants; and at Edinburgh the 22, where a great many noblemen, barrens, ministers, standing within and about the Cross, efter the Proclamatione was red publictlie, and instruments were taken in the hands of nottars.

Arthour Erskine, Creiche, and Lamintone made the Protestatione at Lithgow. On Wednesday, be four hours at night, the noblemen met at James Wallaces house, with barrens, burrowes, and ministers that wer in toune; Lord Johnstone joynes with the Supplicants. wher my Lord Johnestone mett with them who had attendit the two preceiding dayes, if the Proclamatione had been made at the Cross of Edinburgh, to have protested. And becaus certane gentlemen took exceptions at the so speedie returneing from Sterline, Rothes was forced to repeat the discourse 67 he had in the kirk session-house at Sterline, containeing the reasons of their returne; adding, withall, that it was best for them to be at Edinburgh, for countenanceing the toune, and conferring upon it all the benefit that could aryse of their being togither, to lessen at least the lose they sustained, for abyding in conjunctione with the Supplicants, by the absence of the Counsell and Sessione. They resolved, that all the noblemen sould go up to the Cross, and assent to the Protestatione, which Mr. Archibald Johnestone was desyred to read, and the Earle of Cassles was appointed to take instruments.

The Noblemen present on the Cross at the Protestatione. Nixt morning ther mett togither Earles Rothes, Montrose, Cassles, Home, Lothian, Weymes, Dalhousie, Lords Lindsay, Yester, Sinclair, Boyd, Loudon, Balmerinoche, Cranstorie, Elcho, Johnestone, and Foster, who did ascend the Crose at elleven hours, heard the Proclamatione, and made the Protestatione, which was so reasonable that it mightilie commoved the hearers; the tennor wherof is annexed. After dinner, they resolved to dispatch advertisments through the countrey. Rothes drew up the forme of a letter for noblemen, barrens, and others, that had not yit appeared in this cause, and lived in such parts of the countrie as had not yit conveined for Supplicating; the tennor wherof followes:—

Letters of advertisement to such as had not yit appeared in this cause.

We have heir in present consideration the most important bussines that ever concerned this natione, both in respect of the dangerous estate wherin our religione, our kirk, liberties, lyves, and fortunes presentlie stands by these innovations of the Service-book, Book of Canons, and High Commission, and divers Proclamationes, and other courses daylie intendit and ploted by our adversaries; not onlie to restrain our libertie, bot also to take from us all meanes of ordinarie and lawfull remedy, and neiding serious advysment for taking a generall course for preventing the imminent evills that concerns all the subjects, it is thoght fitt that all considerable persons sould be once heir, to receive true informatione of the bussines that so neirlie concerneth all who love the truth, the weilfair of their posteritie and estate, how mean soever, and desire to enjoy the libertie of frie subjects, that they may give their opinione heirin. The burthen of giveing you advertisment being layed on us, in respect of our interest in you, or acquaintance, wee doe earnestlie intreat you be pleased, immediatlie after the reseat heirof, with all possible dilligence, to come heir to Edinburgh, wher, speaking with us, and receaving informatione, you may then resolve either to joyne with these heir in that way they have hitherto gone or shall heirester prosecute, which is and shall be just, legall, and necessarie, or else coming and heiring your freinds heir privatlie, not getting satisfactione, you may freilie returne, and observe your owne way, if ye be not pleased with the course we take, which none have ever disapproven that heard it, and was 68 informed by us. You cannot answer to God and your countrie to be ignorant of this great bussines: Therfor, we beseiche you immediatlie to haste hither; and if terrors of Proclamations inhibiting meitings sould be objected to stay you, by these who heirtofoire and now will use such means, you shall never be urged to meit in publict, till you be cleired of all such difficulties.

Loudon and Mr. David Dick drew up ane Informatione, with tuo lynes of a letter at the end, for such as had bein formerlie joyned, and had their Commissioners chosen for that effect, that the Commissioners sould send the advertisments throw the shyre; the tennor wherof followes:—

Advertisment to such as had formerlie joyned.

The noblemen, commissioners of shires, and barrones, and others conveined upon advertisment for this commone cause, which concernes the preservatione of true religione, and the lawes and liberties of this Kingdome, understanding how the Prelats, by misinformatione of the Kings Majestie, hes efter their accustomed maner procured a Proclamatione to be made for establisching the Service-book, and dischargeing all meitings under the paine of treasone, have, in Gods providence, legallie obviate the publicatione and ratificatione thereof, by tymeous protestatione and Declinatour of the commone adversaries the Bischops, at the Crose of Sterline, the Counsell-table ther, the Crose of Lithgow, and Crose of Edinburgh, and ar resolved to doe the lyke at other places as neid salbe; where throw, in the judgement of such as understand best, their proclamations and proceidings is made of no legall force to hinder the absolute necessar meitings of all that have interest in this commone cause and extraordinarie exigence. And seeing maters ar now come to that hight, as either we mull forsake the way of true religione establisched by law, and betray the lawfull liberties of the kingdome, or else upone such a solid course as may in a right maner prevent these imminent and irrecoverable evills and ruine of all, wherunto our sins and the Prelats treacherie is liklie to dryve us, except by tymeous humbleing of ourselves befoir God, and Gods blessing upone our lawfull consultationes, we preveine the same. Let all these, therfor, whome this cause concernes, and who tenders Gods glorie, the Kings honour, the weilfair of the kingdome, address themselves with all possible dilligence to this solemne meiting which is now at Edinburgh, wher their comeing is attendit for consultatione how his Majestie may be yit better informed, and this present perrill preveined, if so sall please the Lord. Meanewhyll, lett everie one who shall heir thir presents humble themselves befoir God, for deprecating his fearfull wrath, wherunto our Lord now, of a long tyme, by disobedience of his word and despising of his glorious gospell and the ordinance of this kingdom, is provoked; and their comeing heir, we are persuadit to make our loyaltie and lawfull proceidings cleer to them, as we have done to all such whom we have acquainted therwith.

Sir, so soon as thir presents sall come to your hands, faile not by yourselfe, and such as ar most able to further this weightie bussines, to direct this advertisment, or copies therof, through the Shyre, so as none may be overpast, and all may be broght on their way soe quicklie as may be, and report your dilligence particularlie to Edinburgh with expeditione.

69 My Lords Fraser and Lovate, the name of Forbes, the Lairds of Philorth, Grant, Ballingowne, were advertised. Ther was ane committie chosen of four barrens, four burrowes, and four ministers, to joyne with the noble men. And speaking generallie what was to be done, they fell upone the consideratione of ane band of unione to be made legallie; also, efter his Majestie was supplicat, and wold not returne ane answer, a Declaratione was thought on as the last act.

23 February. The Supplicants perceave the wayes used for divisione, &c. On Fryday, 23, the nomber of Noblemen and uthers being much increased, at their meitting they traced the suggestione of Counsellers to sunder the Supplicants, labouring divydit Supplicationes, which was generallie dislyked, and a new dealling with the Counsell, by way of Supplicatione, restrained to the Service-book, Book of Canons, and High Commissione, which was approved by verrie few. This made all to consider the particular conditione and former proceidings of these pryme Statesmen, principall suggesters of such motiones; that although the Thesaurer and Privie Seall, both for the greatnes of their fortune and hereditarie conditione, wer considerable, with the best of this land as deeplie interest in the good of the state, which, with their approved understanding, might induce the expectatione of all neidfull care and faithfull cariage beseimeing their place, interest, and knowledge. And although they seimed extreamlie grieved for the present evills, and by frequent Informatione fully perceaved the root whence they flow; yitt the preservatione of their places and credit with his Majestie, by appearance, hath made them forbear to doe or informe fullie about these who they thought was so acceptable to his Majestie. And many of the Bischops being yoak-fellowes with them in the burthen of this State, and they and others of that mynd watching over their wayes, ready to informe against them for anything that appears not conduceable to their end, and obtaining solicitationes from persones of power in their owne favours to the saids Statesmen, hath made them all this whyll to labour rather the quenching the paine then the cure of the disease, and to make a diversione from the root of evills, by a fair address of the Supplicants, to the present pruning of the branches. All their proceidings in this bussines, being fullie considered, was found bot to 70 intend to this end; such complying being fitter for the servants of a persone then of a state. Sum of them by words and actions have so much laboured amids betwixt right and wrong, as they will (except they mend it) get the lyk recompence to them who endeavours reconciliatione betwixt Protestant and Papist, which is neither thanks nor trust from either, as our owne late experience proveth. Bishops had their emissaries also, who came out, lyke Joab to Abner, under fair pretences, affirmeing they wer now so desyreous of peace to the churche and countrey, as they wold become intercessours to his Majestie for removeing the Service-book and Canons, and for restraineing the High Commissione, yea wold undertake to obtaine it; they wold gratifie the Supplicants one crop so they might keip the inheritance. Bot all resolved to stop their ears at these charmes; and as they wer not gathered mutinouslie by one or a few men, bot by God and a good cause, so did all perceave his continuing conduct by moveing a conjunct motione from the nobilitie, gentrie, burgesses, and ministers, of reneuing that same Covenant subscribed be our ancestours, with such additions as the corruptiones of this tyme necessarilie requyred to be joyned, and such Acts of Parliament as was against Poperie and in favours of the true religione. This being drawen, Confessone of Faith subscribed, February 28, and 1 March. was revised and corrected by divers learned ministers, and subscribed by many thousands of the nobilitie and gentrie, at the Grayfrier kirk, on Wedinsday the last of February; and by many hundreths of ministers, on Thursday the first of Marche, and by many of the burrowes; with such mutuall contentment and joy as these, who, haveing long befor bein outlawes and rebells, ar admitted againe in covenant with God, and advowe their obedience to him as their protectour, who can and will safe them from these present and all suche evills; wherby also their hearts ar stronglie united one to another. Blessed be the Lord God of Israell, the author, preserver, and restorer of this unione and communione!

Upone Fryday, meiting againe, the Erle of Eglintoun and his sone my Lord Montgomerie mett with them. Motione was made, becaus the gentilmen of severall shires wearied, That to the four barrens that satt ordinarlie with the noblemen other four sould be added, who everie day might be 71 changed, and so the change might go thorow the whole prime men of everie shire, till all wer acquainted with, and had learned the way of their proceidings; which motione was approven. It was moved also, and resolved upon, That when motions were made to the noblemen, sum of the noble men sould communicate with the barrons. The Earle of Rothes went doune, and communicate the same with the barrons, which had bein their private desire, and was heartilie accepted by them. He also shew them that sum Statesmen, and especiallie the Chanceller, had given furth that they wold deall with his Majestie for removeing the Service-book, Book of Canons, and tempering the High Commissione, provyding the Petitioners Statesmens fair words sould not slacken the Supplicants hands. wold crave no further; that this was ane appeirance the bussines sould succeid weill, since their adversaries were forced to use sic meanes to divert them and make them slack; bot entreated them that they sould not take heed to such reports, bot goe on in their owne way; for the stronger they wer in their own way the better conditions they might expect.

That day, also, they thought upon the renueing of the Covenant, and to that effect Mr. Alexander Hendersone, minister, and Mr. Archibald Johnestone, advocate, wer appoynted to draw up the Confessione of Faith, with sic additiones as the change of tymes, and the present occasione requyred; and for preparatione to that actione, upon Sonday they resolved to have a February 23. A fast before the reneuing of the Covenant. fast. Mr. David Dick was desyred to help Mr. Harie Rollock in the absence of his collegue; and Mr. Johne Adamsone, Mr. Andro Ramsay his collegue, was desyred to accommodate himselfe to the occasione.

24 February Upon Satturday, the noblemen did meit againe, wher Rothes, Loudon, Balmerinoche, wer appoynted to revise what Mr. Hendersone and Mr. Johnstone had done. My Lord Loudon made a motione, That notwithstanding of the Bishops expressions, and the Thesaurers commissione by Gathgirth to the same effect, concerneing the removeall of the Bookes, and moderating the High Commissione, it was bot to trap the Supplicants, and wrap them up in securitie; and therfoir desyred that none of the noblemen sould have any dealling with the Statesmen or other Counsellers without the knowledge or consent of the rest. A motione was made by Rothes the 72 Motione anent a contributione. same day concerneing the raising a contributione among the shires, for deraying the commone charges which this bussines might requyre. The barrons wer desyred to impart it to their number, and the burrowes to theirs. Rothes mentioned, that the stent might be made by the noblemen among themselves, or by sex or eight barrens for everie shire in their shires, not according to their lands, but according to their abilities, without pressing any; and efter they had stented all, to receave of these who willinglie gave, and who gave not to give up their names blank; by this meanes the contributione might be raised, and mens affectiones tryed.

February 26. Upone Monday the 26, in the morning, the noblemen met againe at Mr. Johne Gallowayes house, wher Mr. Hendersone and Mr. Johnestone shew that it was impossible to gett that which was put upone them ready so soon; desired Rothes, Loudon, Balmerinoche, to revise it againe, and they sould use all expeditione for haveing it ready against Tuysday in the morning. About this motione concerneing the raiseing of the contributione, at efternoon the Laird of Caprintone proponed, that he feared the renueing the Covenant and subscryving the Confessione of Faith sould breed sum divisione among their Westland people, who objected, that to renue the Covenant wold import that it was null befoir; and that sum who wer of sufficiencie to impugne the Service-book would not consent to subscriveing the Confessione of Faith, which was contrair both to their judgement and practise in sum other things; which wer cleerlie answered and refuised. He proponed it not as his owne, but as the oppinione of others.

February 27. Upon Tuysday, the noblemen met againe at Mr. Johne Gallowayes house, wher Rothes delyvered the note he had drawne up for raising the contributione. The Confessione of Faith was red, and the additiones which concernes us according to the difference of tyme, with certaine Acts of Parliament establishing the true religione and policie of the kirk, and favouring our present way. Certaine objections wer moved, which wer then loosed, and sall be sett doune as they wer againe repeated by the ministers. Rothes and Loudon wer appointed at efternoon to go to the ministers mett at Tailyours Hall, to show them the former draught, and move their consent 73 therto. Mr. Johne Adamsone, haveing dyned with the noblemen, went with the tuo appoynted, and was chosen moderator. From the barrens was directed Auldbarr and Aithernie, from the burrowes Johne Smythe and Mr. Robert Barclay, to goe with the noblemen. Loudon spoke, as is related efterward in his declaratione to the barrens; for his speach to both was much of the same purpose.

Commissioners of presbitries dealt with in the matter of renueing the Covenant, and agree. It was thoght fitt that the Commissioners of presbitries sould be first spoken to apart; and so they went into the summer-house in the yaird, wher the draught being red, it was objected be sum, That as concerneing the forbearing the practise of the novations formerlie introduced, they could not promise that, since they wer established by Assemblie, and ratified by Parliament. It was answered, The Act of Pearth Assemblie was not per modum precepti, bot per modum consilii; and therfoir, since it did not command and ordaine, they might weill forbear; and for the Act of Parliament, it ratified no more bot what was concludit at Pearth Assemblie, viz. a Counsell. 2. That the reasone of the law was the force of the law; bot the reasone of the Act of the Assemblie and Parliament was becaus the memorie of superstitione and idolatrie was past; therfor, they reassumed that gesture which had been condemned formerlie at the Reformatione. Bot since we find that ther is now greater appearance of superstitione and idolatrie then ever, therfor the law is weakned, and the force therof extenuate, in so farr as concernes us. Nixt, it was agreed upone to mend that passage which binds the judgement, in so farr as concernes the Articles of Pearth, and to oblische onlie to the forbearance of practise, which charitie itselfe did indite, and the good of the cause; for if all abstained from practise, the Bischops could not censure any; and if sum practised while others abstained, this wold make a way to the censureing, with deprivatione of the forbearers, and so to the introductione of these present evills, when so many honest men as resisted wer removed.

The whole Ministers, being 200 or 300, assent. The votes being collected, all the Commissioners wer of one judgement; and returneing againe to the rest or the ministers, who wer betuixt tuo or three hunder, they shewed the unitie which had bein among the 74 Commissioners. The draught was againe red befoir all as it was mendit, and no objectione was made against it, notwithstanding they wer desired to tell their minds befor they voted. It was declaired to them, that althogh upon the precedent of the Confessione of Faith, and finding out sum Acts of Parliament, the nobilitie had drawne up a certaine forme, which they wer requyred to subscryve; yitt it behoved to receave it whole, being from them of the ministrie, since it was most part theologicall; that the Commissioners had made all the objections could be made, and had receaved sattisfactione, partlie by cleer and full answers, and partlie by reasoning sumthing; so that now they looked for the lesse stopt amongst them. They assented all with verrie great heartines, blessing the instruments of so good a work, while it came to Mr. Coline Adame, minister at Anstruther, who craved to be sattisfied in some points. Ther followed him Mr. Harie Fithie, minister at          , and             , minister at             . Their principall objections wer, That they had sworne to the Five Articles, and to swear the contrair wold inferr perjurie. It was answered, That these of their judgements had moderate that alreadie, and their judgement was not tyed, only they promised forbearance of practise; that the law wheron the Bishops acted the oath haveing now lost the force, the reasone of the law being removed did lowse them from their oath. This sattisfied Mr. Colin Adame and             ; bot Mr. Harie Fithie was not yit therwith sattisfied, alledging that positivlie he had sworne to practise during the tyme of his ministrie. He was pressed by Rothes with this, If the Kirk did enjoyne sitting, he wold then think he was frie of his oath, sicklyke he was free in this case, becaus that same reasone that moved the law to be made, which was all the warrand that the Bishops had for craveing that oath, did now conclude a forbearance of the practise. Then the memorie of superstitione and idolatrie was past, and therfor it was thoght good to kneell. Now superstitione and idolatrie is re-entring, why sould we not also abstaine from the gesture? A man is not tyed to a unreasonable oath. When the oath appears now unreasonable, he was no longer bound. He took to advyse till the nixt day. Mr. Johne Home 75 minister at Eccles objected, That ane oath could not be exacted bot by a superiour; how could then this oath be exacted of them? It was answered by Rothes, That, by Acts of Parliament and Acts of Counsell, the minister was warrandit to crave his oath to the Confessione of Faith of their paroshiners; bot no law pretendit for these who was willinglie myndit to give it; and most pairt of their ministers wer ther, or at least the Commissioners of the presbitries, who represented the whole ministers; and besydes, this was ane oath wherto none were to be compelled, bot it was expected all wold willinglie condiscend, and all make their oath to God Almightie; wherwith he rested satisfied.

Rothes speach to the ministers. Mr. Johne Adamsone, who moderated for the tyme, gave the Lords and these that wer with them thanks for takeing the paines to come and communicate things with them; affirmeing they had bein singular instruments, both now and befor, in so honest a cause. Rothes replyed, That they deserved no praise; all the praise was due to God alone: that in other nations, when the lyke affairs had bein handling, it had pleased God to use sum eminent instruments one or other, who wer taken notice of as haveing a great hand in the bussines; bot heir, by his singular providence, he had made the hearts of a great many of all ranks, from many parts of the kingdome, to come togither, and concurr in a cause wherin all wer commonlie interest; that, by the whole progresse, it did evidentlie appear that the good hand of the most high God had especiallie guydit them; for many courses had bein projected by them as most convenient for prosecuting their bussines, and God had taken them off these, and put them on others that wer hid from their eyes at the first, and by the sequel had shewed them, that the wayes of their owne wisdom had bein inconvenient, and their only wisdome was to hold on the way which he pointed out to them; that the keiping of so great a multitude in ane unanimous concord (notwithstanding of the craftie machinationes of these who laboured a divisione,) was Gods work, and wonderfull in our eyes; that all ought, with one mynd and mouth, ascryve the glorie to the God of Peace, who had preserved them hitherto in unione, and had broght them now in a way to bind themselves 76 togither all in one bodie, wherof Christ is the head; that even sum of their adversaries wer now forced to acknowledge that it was no private interest that had ingadged them, hot onlie the respect of religione; and he desyred their prayers that this mynd might always remaine with the Supplicants, and God might make his owne work prosper in their hands who aimed at the glorie of God, the peace of the kirk, and honour of the King. The prayer being said by the moderator, the meeting dissolved.

February 28. Loudones speach to the commissioners of barrons. Upon Wedinsday morning, about half eight, Rothes and Loudon come wher the Commissioners of barrens wer mett, at Mr. Johne Gallowayes house. Loudon brak of, and showed that the divisione and disunione of the Supplicants had bein especiallie laboured by the adversaries, as that which weakned the Supplicants, and made way to their intendit novations; that by the contrarie the Supplicants sould cairfullie use all lawfull means for keiping themselves togither in a cause that was commone, and wherin all and everie one wer so deiplie interested; that the examples of their predecessours gave them a president how to bind themselves one with another for the mainteineing true religione, and the Kings Majesteis honour and authoritie, which are so lincked togither as they have commone freinds and foes; that the hearing of the way itselfe read in their hearing wold give them a more full informatione; that they had first proponed the same to the ministers, becaus much therof was theologicall; that the ministers, thogh much suspected befoir, had freilie assented therto; that now it was to be proponed to them, whome he wished to propone their doubts, if they had any that wer materiall, and they sould receave satisfactione, and to abstaine from wranglings of words about things that wer not of moment. That which was objected befoir, concerneing the forbearance of practise in these things that was established by Parliament, was againe objected, and was Loudones reasones, &c. answered as befoir. Bot Loudone pressing that it alwayes stood in force of a law till the law wer rescinded by a Parliament. Rothes answered, That the law had lost its force, the reasone therof being taken away; and added, for illustratione, If ane Act of Parliament sould ratifie to any persone ane infestment of lands, upone a narrative that he had gotten a dispositione and 77 resignatione of these lands, and obtained ane infestment therupone from the partie; if efterward the author sould plead and prove the narrative to be false, could the Act of Parliament barr him from access to his inheritence, the gift being groundit on a false cause, which appeared then to be true to the Parliament? Nay, whyll the Parliament satt, he might evidence the injurie he sustained to ane subordinat judicatorie, viz. the Session, and gett reparatione therby, becaus the Act of Parliament was buildit on a false ground: So here, the narrative, the memorie of superstitione and idolatrie is removed, being false, the law is of no force, and the subjects may forbear practise; and if they be charged with letters of horneing, they may evidence to the Counsell that gives out the letters that the Act is buildit on a false ground, and so reduceable. It was said, The reasone of the law could not be taken away bot be a Parliament. It was answered by Rothes, That if the States, not weill informed, nor forseeing the ill of things, sould enact them by law, and efterward, being better informed, and finding by experience that law destructive of religione, and introductorie to a mass of superstitione and idolatrie of the Masse, the whole body of the kingdome, or the most part therof, might suspend their practise in obedience to that law, which was not a formall rescinding of the law, bot a forbearing the practise whyll a Parliament called by their authoritie sould rescind and abrogate the law upon seen evills. Lawes ar all supposed to be made in favours of the whole natione, and for the good of all the subjects; and, therefore, when thrie parts of the subjects at least finds the prejudice of lawes, they may justlie abstaine from practise whyll a Parliament be called; for when ther is doubtsumnes in lawes, it is not to be supposed they will make lawes to their own prejudice; that it was not the meaning of the Parliament by that law to bind absolutlie the practise, for the meaning of the Parliament can be no other than that which was the meaning of the Assemblie; bot the meaning of that Assemblie was not to bind the practise, for they that wer most forward to get these things thorow declaired that they had purposlie used these words, We think it good, that men might be free in their practise; and it was promised by the Kings Commissioner it sould 78 never be pressed; and so they who forbear practise, do nothing against the meaning of the Parliament. Mr. David Dick exprest it thus: A law is either permissive or positive: Permissive, allowing the practise of that which was formerlie condemned, so that it may now be done because the law allowes it; Positive, when the practise is absolutlie commandit, so that it most be done: that the Act of Pearth, the Act of Parliament ratificatorie therof, wer of the first kind, permissive only, allowing of that practise which had been condemned since the Reformatione, that it might be then done according to law, wheras befoir it was against law. It was instanced, that if the law loft its force becaus the reasone therof was taken away by the new fears of superstitione and idolatrie, then it sould recover its force when these Books of Service and Canons, which ar the ground of our fears, wer discharged. Rothes answered, That all the ground of our fears lay not in these books, since in Ingland they wer printing books for superstitione and idolatrie. Loudon added, That though superstitione and idolatrie wer removed with these books, yitt the memorie of that superstitione and idolatrie which was intendit by the books wold not be removed so long as they wer Barrens assent, Ethie suspends his assent. to the fore who wer now living. When it came to voting, all assented. Ethie suspendit his assent till the rest of his shire came. It was agreed that all the rest of the barrens and gentilmen that wer in toune sould meitt in the Greyfreer kirk be tuo hours in the efternoone, wher Rothes and Loudon sould meitt with them.

Being mett, and prayer said by Mr. Alexander Hendersone verrie powerfullie and pertinentlie to the purpose in hand of renueing the Covenant, Loudon spoke as of befoir to the commissioners of barrens, adding, that the nobilitie, ministers, and commissioners of shires and burrowes, had agreed to this forme which was to be red to them, wherin they took God to witnes they intendit nothing to the dishonour of God or diminutione of the Kings honour, and wished they might perishe who myndit other wayes. Efter the reading the draught by Mr. Archibald Johnestone, out of a fair parchment above an ellne in squair, these who had any doubts wer desyred by Rothes, if they wer of the south and west countrey, to go to the west 79 end of the kirk, wher Loudon and Mr. David Dick wold attend them; if they wer of the Lothians and on the north side of Forth, to go to the east end of the kirk, wher he and Mr. Alexander Hendersone sould attend them for giveing satisfactione to them. Few came, and those few proponed a few doubts, which wer resolved. The noblemen came thither at four hours and Nobilitie and barrons subscryve. subscryved. The barrens subscryved efter them, so many as could subscryve that night, whill it was neir eight. That which they subscryved is heirto annexed.

March 1. Upon Thursday the first of March, Rothes, Lindsay, and Loudon, and sum of them, went down to Tailyours Hall, wher the ministers mett; and becaus sum wer come to toune since Tuysday last who had sum doubts, efter that they who had bein formerlie resolved wer entered to subscryve, the noblemen went with these others to the yaird, and resolved their doubts; so that towards thrie hundred ministers subscryved that night. That day the commissioners of burrowes subscryved also.

March 2. Upone Friday 2 March, it was motioned to the noblemen by the shire of Fyffe, That sum course might be taken for clearing the entrie of ministers, (which was also desyred by the ministers,) and to consider what course sould be taken with these ministers who have not mett nor subscryved, and will Advyse about the entrie of ministers. practise conformitie. For the first, it was resolved, That they who have the right of a laick patronage might tak instruments, in caice the Bishops or Archbishop refuised to admitt the parties presented, offering to give the oath contained in the Act of Parliament 1612; then to try if the presbitrie will give admissione; which if they refuise, to complaine to the Lords of Counsell, and requyre the concurrence of the whole petitioners who affect the freidome of the kirk. And for such presentations as ar at the Kings gift or Bishops, that most be remembred among our other greivances; and the best arguments provydit for moveing his Majestie to take notice of our case. For the second, it was resolved, that they sould be exhorted and invited to do otherways; and if they wold not, to be discountenanced and dishaunted by them all, and all they could persuade.

It was concludit, that a copie of the Confessione sould be provydit for ilk 80 Confessione of Faith for each shire. shire, balzierie, stewardrie, or distinct judicatorie, wherat may be all the hands of the principall persons in the saids circuits, and a particular one to be drawne for ilk parosche within the said judicatories, wherat may be all the hands of the persons in the said parosche that ar admitted to the Sacrament; and these who cannot subscryve themselves, that a couple of nottars shall subscryve for them.

Names of noblemen present. Erles Rothes, Eglintone, Montrose, Cassles, Home, Lothian, Weymes, Dalhousie, and Lords Lindsay, Yester, Sinclare, Boid, Loudone, Fleeming, Elcho, Carnegie, Balmerinoch, Cranstone, Cowper, Jhonestone, Forester, Melville, being present, it was agreed that sex noblemen sould attend in Edinburgh till his Majesteis answer come, viz. of these sex, Erles Lothian and Dalhousie, Lords Yester, Balmerinoch, Forester, Cranstone; four shall Six noblemen to attend by course. always attend, and tuo by course be absent; and of the rest tuo shall be adjoyned everie fourteen dayes. For the first, 1. Montrose and Loudone. 2. Boid and Sinclair. 3. Cassles and Home. 4. Carnegie and Elcho. 5. Montgomrie and Jhonstone. 6. Lindsay and Fleeming. 7. Cowper, with either Melvill or Burley, as their healthe serves. And Rothes at severall tymes.

Commissioners of shires to wait on by turns. And for the shires, it was thoght fitt that a certaine number sould be appointed by turnes to wait on with the Commissioners of shyres ther resident; as for Fyffe, by tuelves weiklie, and tuelve to succeid another for the space of eight weiks; for Cuninghame eight; for sum six; for others four or tuo, according to the greatnes or smallnes of the shyre.

It was resolved anent the contributione, that eight sall be appointed collectors in everie shire, according to ane dollar the thousand marks of free rent, as they can try, takeing the parties declaratione whither it be more or less. The contributione is voluntarie, and everie one must be valued as they ar pleased voluntarlie to declaire the worth of their frie rent. The halfe of the contributione raised in ilk shire must be delyvered to Johne Smyth, and efter the same is spent to send for the other halfe.

The proportione of the noblemens contributione sett doune by Rothes and Balmerinoche, as followes:— 81

Nobelmens contributione.

Dollars Dollars
Montrose, 25 Carnegie, 15
Eglintoune, 20 Sinclair, 25
Cassles, 25 Cowper, 15
Lothian 25 Southerland, 25
Dalhousie, 25 Fraser, 15
Balmerinoche, 25 Stormouth, 25
Boid, 25 Garlies, 15
Forrester, 15 Burley, 25
Cranstone, 25 Dalziell, 10
Home, 25 Fleeming, 15
Weymes, 20 Melvill, 25
Yester, 25 Beridale, 20
Loudone, 25 Lovate, 15
Lindsay, 25 Ogilvie, 15
Jhonstone, 25 Drumlanrig, 20
Elcho, 10 Balcarras, 10
Rothes, 25 Montgomrie, 10

670 Dollars

March 3. Second Historicall Informatione drawne. On Setterday, 3d of March, the drawing up of ane Historicall Informatione of the Supplicants' proceidings from the Thesaurers departing to Ingland was committed to Rothes, and the reviseing therof to Balmerinoch; which was accordingly done, and being heard, was approved of all on Monday therefter, as is befoir sett down from page       to page      , not enclosed.

For cariage of the Supplicatione to his Majestie, it was thoght fitt it sould be either by the Statesmen, if any of them went, or to be recommendit to the Duke of Lennox, Marquis of Hamilton, and Earle of Mortone, or by these and the Statesmen togither, if any goe; and one of these to be resolved on after information from Sterline, and knowledge of the Statesmens affectione and resolutione in this bussines.

82 March 5. Commissioners of burghs writ to their burghs anent the Proclamatione. On Monday, 5 March, it was thoght fitt That the commissioners of burrowes sould writ to their severall burghes, not to be affrayd of the Proclamatione, and to send therwith the Protestatione, with some Reasons cleering them of the danger of the said Proclamatione, and to send a copie of the Confessione: Mr. Archibald Johnestone did draw up the said Reasones, and the notars to writ the copies therof:—That no copies of the Confessione be writ efter this, wher the noblemen shall put their hand, except they be written be Mr. James Cheine, Johne Nicoll, and Mr. William Hendersone, Sum Barrones to speak Huntlie, &c. nottars to the Protestatione:—That Leyes, Morphie, Dun, and Balmain, go North and speak with Marquise Huntlie and others of qualitie in Aberdeenshire and Murray; that they may take with them copies of the Protestatione, and Reasones cleering from the dangers of the Proclamatione, haveing alredie ane Historicall Informatione:—That ilk burgh and parosche may have a Confessione of Faith, and a list be keepit of the subscryvers and refuisers, and that reports therof may be broght to Edinburgh.

March 6. Upon Tuysday, 6 March, it was resolved, If any of the Supplicants shall be criminallie persued, or any wayes precessed, that all the rest salbe redie to assist; that sum salbe appointed to goe to the Universities from the commissioners heir, and press the subscriptione of the Confessione in the said Commissioners to Universities. Universities:—That Yester and Balmerinoch shall speak to the Primare and Masters of Edinburgh colledge, and with them, Lugtone and Sir Patrick Hamiltone; for Glasgow, my Lord Boid, Kerr, Blair, and Rowallane; for St. Andrews, my Lords Sinclair and Lyndsay, Arthour Erskine, Balvaird, Newtoun, Mr. Alexander Hendersone; for Aberdein, the four gentilmen appointed to go North, and that Mr. Johne Barrone and Mr. Commissions for these who are to attend. David Forrett may be joyned with them:—That ther be commissiones drawn for the commissioners appoynted to attend, and that the saids commissions be sent to the severall shires by sum of these that ar left to be assessors to the commissioners of shires, and that the present commissioners shall proceid in the mean tyme to doe all things for the furtherance of the bussines by vertew of their last commissione, and the commissione to be gotten may accress:—That Commissione be drawne, wherby the Noblemen sall give 83 power to these having commissione from them to do all things in their absence that may conduce to the good of the present bussines: It differed little from the former, except the power of the commissioners was sumwhat larger, becaus more things wer thoght upone for them to treat upone in the absence of the rest:—That the ministers may condiscend upone a peece to detect and refuite the absurdities of the Service-book and Canons, for informatione and publict use, and that with convenient expedition; and that one be appoynted to revise and choise out all.

March 7. Upon Wedinsday, 7 March, a Procuratorie was drawne up, wherby the Noblemen gave warrand to their commissioners to attend his Majesteis answer to their Supplicationes, &c. and a list of their names who wer appointed to attend; and both wer subscryved with all their hands. Subcribitur, Rothes, Montrose, Cassles, Home, Weymes, Dalhousie, Lothiane, Fleeming, Yester, Elcho, Boid, Sinclair, Lindsay, Cowper, Johnestone, Cranstone.

Way of convoying the Supplicatione to his Majestie. For conveying the Supplicatione to his Majestie, it was thoght fitt Way and safest that a letter be writ to the Scots Counsellers ther, craving their assistance for trying his Majesteis mynd anent the receaving their Supplicatione, either from sum of their own number, or by their Lordships; and if they wer allowed to come, that then we make our owne choise; if inhibite, then to writ againe to these Lords, shewing a necessitie that their case be made known to his Majestie, and useing all arguments to persuade them to present it; which being refuised, to make the same commone by print. The letters was answerablie drawn by Rothes, approven March 8. and subscryved by all that wer present, upone Thursday, 8 March. The copie therof followes:—

Most Noble Lords,

Copie of the first letter to the Duke, Marquess, and Mortoune. The griefe of the subjects here, and their just resentments of so great evills on this church and kingdome, cannot be unknown to your Lordships, whose native interest and that part of your fortunes placed in this land most begett in your minds a fence of our hard conditione, and as principall members next unto the head, make you to enquyre and prevent the imminent dangers of this state. Your estractiones from this, and the greatnes of your places here, with your frequent access to our Soveraigne, doth not so much invite our recourse to your Lordships as the meir 84 necessitie of our present case, having by Supplicatione, Complaint, and Bill publictlie presented our desires, at thrie severall tymes, to the Lords of his Majesteis Secret Counsell, besides our continuall solicitations to these thir sex months past, and by all these requyred their mediatione with his Majestie for that ordinare remead by law justlie dew to the meanest of the people; yitt was neither our persones, being the far greatest and most considerable part of the subjects, nor our cause, that soe concerned religione and weilfair of the state, had in so great respect as they deserved; and of late, we being forced by the order of law befoir the Counsell to decline these on whome we complaine from being our judges; and the Lords refuseing to admitt the same, did constrain us either to suffer our parties to be our judges, against the law of nature and nations, or, as we have done, to make Protestatione to have our recourse to our sacred Soveraigne. Since the way is closed of further dealling with them, the great necessitie of present remead to our pressing evills forceth from us a Supplicatione to his Sacred Majestie, haveing some encouragement therto by a late Proclamatione; and that being now the onlie meane left of our hopes, and ordinarie way of all subjects in the lyke case, we doe therfor most humblie entreat your Lordships be pleased to give us notice whether his Majestie will allowe our Supplicatione to come by your hands, being the most eminent of this natione, and by whose mediatione as true patriots we expect much good; or if his Majestie will give us a warrand by your meanes that we may send sum from this with the same, upone your Lordships advertisment of his gratious resolutione, we shall be readie to obey either of these, as becometh humble and faithfull subjects. Wishing your Lordships intercessione successfull, as for many respects so to increase the joy and true affectione of all the Supplicants to our Soveraigne, (for whome and ourselves we subscryve,) and bind our thankfull acknowledgment to your persones and families, as to those who are endued with a measure of abilitie and affectione to religione and your countrie, trulie answerable to the greatnes of your places and trust with his Majestie, and as the present necessitie of your Lordships aide to the publict requireth, which is faithfullie promised for all by your Lordships affectionate servants,

Rothes, Montrose, Eglintone, Cassles, Lothiane, Home, Lindsay, Yester, Fleeming, Drumlanrig, Boid, Loudon, Balmerinoch, Cranstone, Johnestone, Melvill, Forrester.

Instructiones from his Majesteis Counsell to the Justice-Clerk, whome they have ordained to go to Court for his Majesteis service.

Stirling, 5 March.

Counsells instructions to Orbiston to his Majestie. In the first, You ar to receave from the Clerk of Counsell all the Acts since our meitting in March, the 1st day.

Item, You have to represent to his Majestie, that this dyet of Counsell was appointit to be keipit solemnlie, by the advyce of the Lord Chancellor, and remanent Lords of Clergie being at Edinburgh for the tyme, who assured us that they sould keip the dyet preceislie; bot at our meiting at Stirling we receaved a letter of excuse fra the Lord Chancellor, which forced us to proceid without his Lordships presence, or any other of the Lords of Clergie, except the Bishop of Breichen, who attendit with us thrie dayes, bot removed befor the closeing of our opiniones anent the bussines.

Item, That immediatlie efter we had resolved to direct you with a letter of trust to his 85 Majestie, we did send our letter to the Lord Chancellor, acquainteing him with our proceidings, and desireing him to consider therof, and, if he approved the same, to signe them, and cause the remanent Lords of Clergie being ewest to him, and namlie the Bishop of Breichen, who was ane eare and eye witness to our consultationes, to signe the same, and by his letter to his Majestie to signifie their approbatione therof; or if his Lordship did find sum other way more convenient for his Majesteis honour and peace of the countrey, that his Lordship, by his letter to the Lord Thesaurer and Privie Seall, wold acquaint them therwith, to the effect they might conveine the Counsell for consulting theranent.

Item, That yow shew to his Majestie that the Counsell, all in one voice, finds that the cause of the general combustions in the countrie are the fears apprehendit of innovatione of religione and discipline of the Kirk establisched by the lawes of the kingdome, by occasione of the Service-book, Book of Canons, and High Commissione, and the forme of introductione therof, contrair or without the lawes therof.

Item, You are to present to his Majestie our humble opiniones, that seing we conceave the Service-book, and Book of Canons, and High Commissione, as is sett doune, ar the occasione of this combustione, and that the subjects offers them to prove, upone perrill of their lyves and fortunes, to cleir that the Service-book and others forsaid containe diverse poynts contrair to the true religione presentlie profest, and lawes of the kingdome, in matter and manor of introductione, that the Lords thinks it expedient that it be represented to his Majesteis gratious consideratione, that his Majestie may be pleased to declair, as ane act of his singular justice, that his Majestie will take tryell of his subjects grievances, and reasones therof, in his owne tyme, and in his owne way, according to the lawes of the kingdome; and that his Majestie may be pleased gratiouslie to declair, that, in the meantyme, he will not press nor urge his subjects therwith notwithstanding of ane act and warrand maid in the contrair; and in caice his Majestie salbe gratiouslie pleased to approve of our opiniones you are therefter to represent to his Majesteis wise and gratious consideratione, if it shall not be fitting to consult his Majesteis Counsell, or sum such of them as he salbe pleased to call or allow to be sent fra them, both anent the tyme and way of doeing. And if his Majestie (as God forbid!) shall dislyke of what we conceave to be most conduceing to his Majesteis service and peace of the kingdome, you ar to urge, by all the arguments ye can, that his Majestie do not determine on any other course untill sum at least of his Counsell from this be heard to give the reasones of their oppiniones; and in that case lykewayes, you are to put to his Majesteis consideratione if it fall not be fitting and necessar to call for his informers, togither with sum of his Counsell, that in his owne presence, he may have the reasones of both informationes fullie debated. For you sall lykewayes shew to his Majestie, that his Counsell, haveing taken to their consideratione what further was to be done for compesheing and settling the present combustione within the kingdome, and dissipating the convocationes and gatherings within the same, seing Proclamations are alreadie made and published, dischargeing all such convocations and unlawed meitings; the Lords, after debaiting, find that they can doe no further then is alreadie done herein untill his Majesteis pleasour be returned to thir our humble remonstrances.

At the Castle of Sterline, the 20 February 1638.

The quhilk day, in presence of the Notary publict and witnesses under written, compeired 86 Instruments at the Castle of Sterline, Feb. 20. personally Arthur Arskine, sone to a noble and potent Erle, Johne Erle of Marr, &c. and Sir William Murray of Touchadam, for themselves, and as procurators and commissioners for the nobilitie, barrens, burrowes, and ministers of the kingdome of Scotland, humble Petitioners to his Majestie and his Majesteis Secret Counsell against the Introductione of the Service-book, Book of Canons, High Commissione, prest on the Church of Scotland, who past to the personall presence of the Lords of Secret Counsell, being then sitting in the castell of Sterline, as place appointed for the Counsell for the tyme.

And the said Commissioners, for themselves, and in name and behalfe forsaid, according to the power given to them, with all humilitie and reverence, as become, they desired that all Archbishops and Bishops within this kingdome should be declined from being judges to the said nobilitie, barrens, burrowes, and ministers within the said kingdome, in all whatsomever may concerne the mater depending anent the saids Service-book, &c. and all other motions contrair to the lawes of the kingdome and Acts of Parliament, because the saids Archbishops and Bishops are their parties; quhilk desyre the saids Lords of Secret Counsell, efter the proponeing the said Declinatour verbo, and offering to produce the same in writ, refuised to receave and admitt the same; of the which Declinatour offered and refuised the tenour followes:—Wee, Noblemen, &c. Wherupone the saids Commissioners, for themselves, and in name and behalfe forsaid, askit instruments in the hands of James Primrose, Clerk to the Secret Counsell, standing at the head of the Counsell table, which he refuised to doe; and therfoir the saids Commissioners askit instruments of the whole premises in the hands of tuo Nottars publict under subscriband, and protested what sould be done by the saids Lords of Secret Counsell (the saids Archbishops and Bishops being present, and having voice therin as judges,) sould be nowayes prejudiciall nor obligator against the saids Supplicants and Petitioners at no tyme hereafter, in respect the said Archbishops and Bishops are parties, as said is; and protested, conforme to the tenour and contents of a Protestatione formed and drawne up in writ, and instantlie delyvered to us the saids Nottars under subscriband, wherof the tenour followes: We, Noblemen, &c. Thir things wer done in the said Counsell-house, in presence of the Lords of Secret Counsell ther sitting for the tyme, immediatlie efter their sitting down, befoir any publict act done by the saids Lords the said day, betuixt four and fyve efternoon, day, month, and yeir respective forsaid, Befoir and in presence of Johne Setone of Lathrisk, and Archibald Primrose, sone to the said James Primrose, witnesses called and requyred to the premises.

At the Mercat Croce of Edinburgh, 22 February 1638.

Instruments at the Croce of Edinburgh, February 22. The whilk day, in presence of us, Nottars publict undersubscryvand, and witnesses efter mentioned, compeired personallie Johne Erle Cassles, and Mr. Archibald Johnestone of Warristone, for themselves, and in name and behalfe of the nobilitie, barrens, burrowes, ministers of the kingdome of Scotland, (of each sort wherof great numbers wer upone and about the said Mercat Croce,) humble Petitioners to his Majestie and his Majesteis Secret Counsell against the introductione of the Service-book, Book of Canons, and High Commissione, urged upone the Kirk of Scotland; and ther, efter the publicatione and intimatione of his Majesteis declaratione and will concerneing the said book, (openlie published and proclaimed by James Currie, Ormond pursivant,) of the letters underwritten at the mercat Croce of Edinburgh; of the which letters the tenour followes:— 87

Tenour of the Procolamatione. Charles, be the grace of God, King of Great Britain, France, and Ireland, Defender of the Faith, &c. To Our lovitts,

Messengers our Shireffis in that pairt, conjunctive and severallie, speciallie constitut, greeting; Forsameikle as We, out of our princelie care for maintaineing the true Religione alreadie profest, and for beatting downe all superstitione, haveing ordained a Book of Commone Prayer to be compylled for the general and universall use and edificatione of our subjects within our antient Kingdome of Scotland, the same was accordinglie done; in the formeing wherof We took great care and paynes, sua that nothing past therin bot what was sein and approven by Us befoir the same was either divulgat or printed; assureing all our loveing subjects that not onlie our intentione is, but even this verie Book will be a ready meane to maintaine the true Religione alredy profest, and beat out all superstitione, of whilk We in our own tyme do not doubt but in a fair course to satisfie the judgement of our good subjects. Bot haveing sein and considered som Petitions and Declarationes given in to our Counsell against the said Book and late Canons of the church, We find Our legall authoritie much injured therby, both in the mater and cariage thereof, wherby We conceave these of the nobilitie, gentrie, burrowes, ministers, and others who have keiped and assisted these meittings and convocations for contryving and formeing the saids Petitions, or who have subscryved the same, to deserve and to be lyable to Our high censure, both in their persons and fortunes, as haveing conveined themselves without either our consent or authoritie; yitt becaus We believe that what they have done therein is out of a preposterous zeall, and not out of any disloyaltie or disafectione to our soveraigntie, are gratiouslie pleased, in so far as concernes these meittings for consulting and subscryving the saids Petitions, or presenting the same to any judge or judges within this our kingdome, to dispence therwith, and with what may be their fault or errour therin, to all such as upone the significatione or declaratione of this Our pleasour, sall reteir themselves, as becometh good and dutiefull subjects. To which purpose, Our will is heirfoir, and We charge you straitlie and commands, that, incontinent thir Our letters sein, ye pass, and in our name and authoritie, make intimatione heirof, [to all our Hedges and subjects, be open Proclamation, at all places needfull, wherethrough none pretend ignorance thereof;] and therwithall, in Our name and authoritie, that ye discharge all sic convocations and meittings in tyme comeing, under the paine of treasone; as also, that ye command, charge, and inhibit all Our leidges and subjects, that they nor non of them presume nor take in hand to resort nor repair to Our burgh of Stirling, nor to no other burgh wher Our Counsell or Sessione sitts, till first they declair the caus of their coming to our Counsell, and procure their warrand to that effect; and further, that ye command and charge all and sundrie provests, balyies, magistrats within burghs, that they and everie one of them have a speciall cair and regaird to sie this Our royall will and pleasour peacefullie and duetifullie obeyed in all points, and that no violatione thereof be suffered in their bounds, under all highest payne, cryme or offence that they may committ against Us in that behalf; as also, that ye command and charge all and sundrie noblemen, barrons, ministers, and burgesses, who ar not actuallie indwellers in this burgh, [and are not of the number of Our Privie Counsell and Session,, and members thereof, and are alreadie within this burgh,] that they and everie ane of them remove themselves, and departe and pass out of the said burgh, and not to returne againe without warrand, within sex hours efter the publicatione heirof, under the said paine of treasone. And as concerneing any Petitions that salbe heirester given to Us upone this or any other subject, We are lykwayes pleased to declair, We will not shut Our ears therfra, sua that neither the 88 mater nor forme therof be prejudiciall to Our royall authorise; the which to do We commit to you, conjunctlie and severallie, Our full power, be thir Our letters, delyvering them to yow duelie execut and indorsit againe to the bearer. Given under Our signet, at Stirling, the 19 day of February, and of Our reigne the 13 yeir, 1638. Per actum Secreti Consilii.

The said Earle of Cassles and Mr. Archibald Johnestone, for themselves, and in name and behalfe foirsaid, protested, conforme to the tenour and contents of a Protestatione formed and drawne up in writ, instantlie red and repeated by the mouth of the said Mr. Archibald, as the true coppie of the Protestatione offered in writt, and delyvered in the hands of the nottars publict, by Arthour Erskine, at the Counsell-table in Stirling, the 20 February instant; unto the which and all articles therin contained, they, in name forsaid, declaired, they did adhear, and therfor instantlie delyvered the same to us the saids Nottars under subscryveand; of the whilk Tenour of the Protestatione. Protestatione the tenour followes:—Wee, noblemen, barrens, burrowes, ministers, appointed to attend his Majesteis answer to our humble Petitions and Complaints, and to preferr new greivances, and to do what else may lawfullie conduce to our humble desyres, That wher upone the 23d of September last, we presented a humble Supplicatione to your Lordships, and another on the 18 October last, as also a new bill relative to the former on the 19 December last, and therin did humblie remonstrate our just exceptiones against the Service-book, and Book of Canons, and also against the Archbishops and Bishops of this kingdome, as the contryvers, maintainers, and urgers therof, and against their sitting as our Judges till the caus be decidit; earnestlie supplicating withall to be freed and delyvered from these and all other novationes of that kynd, introduced against the laudable lawes of this Kingdome; as that of the High Commissione, and other evills, particularlie mentioned and generallie contained in our forsaid Supplicationes and Complaints, and that this our partie delinquent against our Religione and Lawes may be taken order with, and these pressing greivances may be redressed, according to the lawes of this Realme, as our Supplicationes and Complaints at more length bears; with the which, on the 19 day of December last, we gave in a Declinatour against the Archbishops and Bishops as our parties, who be consequence could not be our judges. Wherupone your Lordships declaired, be your Act at Dalkeith, the said 19 day, that ye sould represent our Petitions to his Majesteis royall consideratione, and that without prejudice of the Declinatour given in by us the said Supplicants, wherupone we sould be heard in tyme and place convenient, and in the mean tyme sould receave sould receave no prejudice, as the said Act in itselfe bears. And wheras we your Lordships Supplicants, with a great deall of patience and hope also, groundit on sundrie promises, wer expecting answer to these our humble desyres, and having learned, that, upone sum directions of His Majestie anent our Supplications and Complaints to your Lordships of his Hienes Secret Counsell, your Lordships admitts to the judgeing and consulting anent our Supplications, and his Majesteis answer therunto, the Archbishops and Bishops our direct parties, contrair to our Declinatour, first proponed at Dalkeith and now renued at Stirline, and contrair to your Lordships said Act at Dalkeith, and hearing this late Proclamatione, contrair to our religione and law and humble Supplications, to follow upone their misinformations; Therfoir, least our silence be prejudiciall to this so important a cause, as concerns Gods glorie and worschip, our religione and salvatione, the lawes and liberties of this Kingdome, are derogatorie to the former Supplications and Complaints, are unanswerable to the trust of our commissions, out of bound dutie to God, our King, and native countrey, We are forced to take instruments in the Nottars hands ef your refuisal to admitt our Declinatour, or remove these 89 our parties, and to Protest in maner following: 1. That we may have our immediat recourse to present our greivances to our sacred Soveraigne, and in a legall way and maner to prosecute the same befoir the ordinarie competent judges, civile or ecclesiasticall, without any offence offered by us or taken by your Lordships. 2. We protest, That the said Archbishops and Bishops, our parties complained upone, cannot be repute nor esteemed lawfull judges to fitt in any judicatorie in this kingdom, civile or ecclesiasticall, upone the said Supplicants, ay and whyll they, efter lawfull tryell, judiciallie purge themselves of such crymes as we have alredie laid to their charge, offering ourselves to prove the same, whenever his Sacred Majestie salbe pleased to give us audience. 3. We protest, That no Act nor Proclamatione to follow therupone, past or to be past, in Counsell or out of Counsell, in the presence, or be votes or advyse of the Archbishops or Bishops, our parties, whom we have declyned to be our judges, sall in any wayes be prejudiciall to us the Supplicants, our persons, estates, lawfull meittings, proceidings, and persuits. 4. We protest, That neither we, nor any whose hearts the Lord moveth to joyne with us in this our Supplicationes against the foirsaid innovations, sall incurr any danger in lyfe, lands, or any politicall or ecclesiasticall paines for not observing sic acts, books, canons, rites, judicatories, or proclamationes, introduced without or against the Acts of Generall Assemblies, or Acts of Parliament, the Statuts of this Kingdome; bot that it salbe lawfull to us or them to use ourselves in matters of religione, in the externall worschip of God, and policie of the church, according to the word of God, and laudable constitutions of this kirk and kingdome, conforme to his Majesteis Declaratione, 9 of December last. 5. Seeing, by the legall and submisse way of our former Supplications, all who take thir innovations to heart have bein kept calme and caried themselves in a quiet maner, in hope of redress, we protest, That if any inconvenient shall happen to fall out (whilk we pray God to prevent) upone the pressing of any of the innovations or evills speciallie or generallie contained in our former Supplications and Complaints; and upon your Lordships refuisall to take order theranent, that the same be not imputed to us, who do most humblie desire and beseich all things to be reformed by ane order. 6. We protest, That these our requests, proceiding from our conscience and our due respect to his Majesteis honour, doe tend to no other end bot to the preservatione of true reformed religione, the lawes and liberties of his Majesteis most antient kingdome, and satisfactione of our most humble desires contained in our Supplicationes and Complaints, according to his Majesteis accustomed goodnes and justice, from which we doe certainlie expect that his sacred Majestie will provyde and grant such remead to our just Petitiones and Complaints, as may be expected fra so gratious a King towards most loyall and dutifull subjects, calling for redress of so pressing grievances, and praying heartilie to God that his Majestie may long and prosperouslie reigne over us. Upon whilks all and sundrie the premisses the saids Johne Earle of Cassles and Mr. Archibald Johnestone, for themselves, and in name and behalfe forsaid, asked instruments fra us, Nottars-publict, under subscryveand. Thir things were done at the said mercatt Croce of Edinburgh, betuixt elleven and tuelfe hours befoir noone, day, moneth, and yeir of God above-written, befoir thir witnesses, George Elphinstone of Seline, Thomas Dalziell, younger of Bynnes, James Currie, Ormond Pursivant, Mr. Johne Hendersone, one of the ordinar massers befor the Lords of Secret Counsell, William Dunbar, and Mr. Johne Huchesone, writers in Edinburgh, with many uthers in hundreths heirto called and required.

                 Ita est JOANNES NICOLL.
                 Ita est Magister JACOBUS CHEINE.
                 Ita est ego Magister WILLIELMUS HENDERSONE..

90 The Confessione of Faith sould immediatlie follow the Protestatione forsaid; bot becaus it is alreadie printed, proceid with

The Lawfulnes of the Subscriptione to the Confessione of Faith.

Lawfulnes of subscriptione to the Confessione of Faith. For our Subscriptione and our renueing of our Confessione of Faith, we are weill warrandit; for if we look to God, we have his commandement; if to the Godlie of old, we have their approven practise; if to the Kirk, we have the Acts of her Assemblie; if to Authoritie, we have the declaratione of the will both of King and Counsell in the Acts of Counsell; if to our Progenitors, we have the laudable example of the King and his familie, of Counsellers, of the whole Colledge of Justice, and of his Majesteis subjects of all degrees, from the hiest to the lowest, in the whole kingdome; if to Prescriptione and Custome, we find in perpetuall and recent custome and observance to this day; and if we look to the Authors and urgers of the late and present novations, we perceive that they themselves have subscryved the same Confessione, that they have been laboreing to involve us in the same guiltines of defectione with themselves, and that our subscriptione at this tyme is the most innocent, the most readie, the most powerfull mean to confirme ourselves, and so stop our adversaries in their presumptions, that they no more heirefter attempt the like against us: And so far as the secret intention of the heart may be sein, our proceidings to this tyme, the tenor of that which we do now subscryve, and our whole deportment and cariage, make manifest to all who are not possest with prejudice against us, that we meane nothing but the maintenence of the reformed religione, to the glory of God, the honour of our King, and the happiness of the kingdome, for now and for efterwards.

Against our Subscriptiones ar objected, and no marvell; for in the maters of the world, when gaine or glorie do invite us, we spaire not to go on with ane audatious conscience; bot in the maters of God, by multiplying scruples against ourselves, and giveing way to the worldlie motiones of others, we are ready to doubt, to hesitate, and shrink; whence it is that four Objections are made against the Subscriptione of the Confessione of Faith at this tyme.

Objection 1. Act of Parliament 1585,against Bands. The First is, That it is the makeing of a band against the law and Act of Parliament 1585.

Answer first. Naturalists know, that the parts of the world most sumtymes forget themselves and pass their particular bounds, for the preservatione of the whole politicks, justlie plead that the safetie of the people is the soveraigne law; and Christians cannot bot acknowledge, that Ester did best in comeing into the King, which was not according to the law, than according to the law to have destroyed herself and her fathers house, with the hazard of the delyverance of Gods people. 2. It is a mistakeing to think that this is a new band against law, since it is nothing bot the renueing of the Confessione of Faith warrandit by the command and example of King James, and by the Acts of Counsell and Assemblie. 3. It is not a private league of any degree of subjects among themselves, but a publict covenant of the collective bodie of the kingdom with God for God and the King. 4. It cannot fall under the censure of seditione and troubling the peace of the kingdome, mentionat in the Act of Parliament; since it is for the maintenance of religione and the Kings Majesteis authority, and for the preservatione of the lawes and liberties of the kingdome against all troubles and seditione, a dutie unto which all his Majesteis subjects ar bound by the law of God (and more) to concurr.

Objection 2. The Second objectione is fra the Act of Pearth Assemblie commanding the practise of these novations in the worschip of God, which by this Subscriptione we oblische ourselves to forbear.

91 Acts of Pearth Assemblie. Answer 1. The conclusions of that meiting cannot have the authoritie of a Generall Assemblie with us, except we be seeking precepts of that kynd for novations, unto which we inclyne for other objections; becaus it was voluntarie constitute, both in the moderator and other members therof; becaus the proceiding and cariage therof wer craftie and violent, and althogh the Prelats pretendit the authoritie therof against others for conscience sake, yitt themselves have forborne the practise of some of these novations till this tyme. Why then may we not forbear the practise of the rest, since the collective kirk, or the greater pairts of the kirks of the kingdome did never acknowledge them for the constitutiones of ane Assemblie? 2. The reasone of the appointing of the kneelling, by way of contraries, inferrs now the forbearing thereof. It was concludit, becaus the memorie of superstitione was past, it sould therefore be forborne; becaus the memorie of superstitione is revived and fragrent, they who practise keip the letter of the act, bot they who forbear keip the lyff and reasone therof. 3. It concludes not by way of precept, as if it did ordain kneilling, bot be way of counsell, the Assemblie thinks, which was pressed by the Prelats themselves, and promise given that no man sould be constrained, and therfoir no censure was appointed for the contraveiners. 4. The maner of practise hath never bein particularlie determined, which hath made so many different formes of observatione in this land, hath multiplied scandels, and made the worschip of God ridiculous, and therfor may be a sufficient ground for our forbearance.

Objection 3. Act of Parliament ratifieing the Acts of Pearth. The Third objectione is fra the Act of Parliament ratifieing the saids novationes.

Answer 1. Ratificatione was not desired by the Assemblie. If the greater pairt had looked for ratificatione in Parliament, they had never given their consent in the Assemblie; the Prelats procured it, and gave thair consent to it in Parliament, without any warrand from the kirk, for which they most answer to the Generall Assemblie. 2. A Supplicatione was orderlie presented befoir the Parliament, in name of the ministers, against these novations; and the Supplications being suppressed, protestatione was made in due time and place, according to the order of law. 3. The greatest promise that could be devised was made by his Majesteis commissionar, that the Articles should never be pressed, that no penalties should be annexed, and that no further confirmitie in ceremonies with Ingland should be urged heirester. 4. The Act of Parliament, althogh it have the nature of a law, and therfor have authoritie over all the subjects, is nothing but a meir ratificatione, and cannot alter the nature of the canon to turn a counsell into a precept, more then it can turne a precept into a counsell; for that wer rather to make a law in maters of religione then to ratifie the act of the kirk. 5. It is repugnant to the fundamental lawes of the kingdome to fyne, confyne, or punisch the subjects with any paines which ar not exprest in the canon law, supposeing it to be made by their owne consent in Parliament. 6. The subscryvers, who are the greater part of the leidges, do deny a preceptive power to them, and will concurr, by all lawfull meanes, to keip themselves and others frie of all censure for matters of that kind untill they obtain a frie Parliament and Assemblie: lykeas they have alreadie declined the Prelats, and protested against the High Commissione.

4. Objection. Oath of sum ministers.

Fourth objectione is from the Oath that sum Ministers hath given at their entrie, unto which the Subscriptione seimeth to be contrair.

Answer 1. So many as perceave the oath given at their entrie to be unlawfull, whether in respect of the unlawfulnes of the thing which they have sworn to practise, or in respect of the obligatione of the oath tying them to practise, can pretend no scruple for the forbearance in tyme to come. 2. Lett everie one consider with himself Whether it was a dispensing with himself, in 92 the darkness or scruple of his conscience, that he might hare a entrie in the ministrie, or ane full persuasione of the lawfulnes of the things themselves, that made him give his oath: everie conscientious man wold have bein glad of a frie entrie without any oath of this kynd. 3. No thing is spoke heir, either against the lawfulnes of Pearth Articles in themselves, or of a perpetual forbearance of the practise of them, bot only promise to forbear for a tyme. 4. No Prelate will say that he hath required, nor minister that he hath given, ane oathe of any other nature then that which is agreeable to the Acts of Assemblie and Parliament; and therfoir the observance most be frie and voluntarie, as unto a counsell, and not necessary as unto a precept. 5. The reversing of superstitione and idolatrie as ane reason no less forcible for forbearence than the pretendit burying therof was for practise, which was the ground of the Act, and therefter of the oath required. Becaus I promised to hold the ports open whill the enemie is afarr off, shall I be bound to hold them open, and not rather to shutt them, whill the enemie is entered? 6. Althogh the maters wer indifferent, yit, in the case of scandel, (which is now palpable,) they being introduction of Poperie, forbearance is a necessar duetie; neither is it to be thoght that any man was so unadvysed as to swear a perpetual practise, whatsumever sould be the consequence. 7. The Prelats now turne Popish; and libertie fra their yoak being offered, they deserve to die in servitude who refuises the offer. 8. The oath to be taken of the ministers at their entrie is exprest in the Act of Parliament. The Prelate, for exacting ane oath without warrand in law, and the ministers who subject themselves to his episcopall tirranny, ar both censurable by law. 9. No minister hath sworn obedience to Pearth Articles, bot he hath alreadie forborne, and is lyke to forbear all his lyfe, the practise of sum of them, without any suspicione of perjurie; for how can the minister be further bund then the Prelate, their authors of the oath, and the urgers of the oath? Why may they not then forbear the practise of the rest?

Befoir the letter to the Duke, Marquise of Hamiltone, and Earle of Mortoune was written and subscryved, it was debated among the noblemen tuo severall dayes, viz. 6th and 7th of Marche, since they were barred by the Counsell, and behoved to present a Supplicatione immediatlie to his Majestie, Whither it wer better to send sum of their owne number to present it upone all hazards; or, to send a private gentleman, who without advertisement might present it to his Majestie; or, to send it inclosed with a safe bearer, togither with a letter to the Duke, Marquise, and Mortone; and that, if they found his Majestie willing to receave a Supplicatione from their hands, the bearer might delyver it unto them, upon assurance they wold present it, utherwayes he might returne it inclosed againe. It was concludit, That a Supplicatione sould be drawne up, and sent inclosed and stamped; that Rothes sould writt to Earle of Haddintoun, and desyre him delyver the letter to the Duke, Marquise, and Mortone, and receave their answer; and if his Majestie wold accept a Supplicatione, promise that it sould be shortlie readie 92 for his Majesteis hands, and for them to delyver. The letter to the Duke, Marquise, and Mortone was drawne up be Rothes, as it is befoir sett doune. For drawing up the Supplicatione by the gentrie, it was put upone the Sherreff of Tivotdale and Sir Patrick Hamiltoune, Haddintones uncle; and by the nobilitie, upone Rothes and Loudone; everie one of them to frame a draught. All being made ready in a short tyme, all the draughts wer presented, and little use resolved to be made of any of them save that of Rothes, the tenour wherof followes:—

To the Kings Most Excellent Majestie, The humble Supplicatione of the Nobilitie, Gentrie, Burgesses, Ministers, and Commones, in the Kingdome of Scotland,

Humblie Shewing,

Copie of Rothes' draught of the Supplicatione to the King. That whereas Wee, your Majesteis faithfull and obedient subjects, justlie grieved with the novations urged, and the way of imposing them on this kirk and state, did, in all submiss and humble maner, present a Supplicatione to the Lords of your Majesteis Secret Counsell, on the 23 of September last, as these who gave authoritie to this new Book of Common Prayer, and most of these other novations contained in our Supplicatione; and they being intrusted with all your Majesteis affaires, we choosed rather to interpose them at first, as a more ordinarie way of redress, then to trouble your Majestie with the many Petitions and large Informationes of allmost, and all your Majesteis good subjects grieved that our Petitions might receave their approbatione of our just desires, so fit and necessar to be represented to your Majesteis sight, and preparatione for your sacred consideratione. The great importance of the mater made us expect their Lordships serious recommendatione to your gratious Majestie for a speedie remead of the great discontents conceaved by all the subjects heir at the pressing and practeising the Book of Commone Prayer in some places of this kingdome, even efter your Majesteis humble Supplicants had, both by petitione and discourse discovered to the Lords of Counsell the said book, and the same, with other novations to be unwarrandablie introduced, without consent, and contrair to the good of this kirk and state. The 17 October being appointed for the Toun of Edinburgh to receave your Majesteis answer to their Petitione, sent long efter ours, made sum of us to resort thither in expectatione of our answer then, wher, by open Proclamatione, being charged to depart the toun, we wer hevilie grieved to find any noat of suspitione put upone us by the Prelatts who did owne that as their owne, and had foretold their procurement of it; and the Lords of Counsell prosessing themselves inhibite by your Majestie to receave any Petitione from us that concerned church maters, did so increase our sorrow to be barred that legall and lowest way, patent and allowed to the meanest of your Majesteis subjects, as we wer forced, by complaint to the Lords of Counsell, plainlie to discover that the new Book of Commone Prayer (acknowledged by its frontispice to be composed by the Archbishops and Bishops of this realme, was published, pressed upon the subjects, and maintained by them,) did containe the seids of diverse superstitions, idolatrie, and false doctrine, as also their new Book of Canons and Constitutions, for governement of the Church of Scotland, did overthrow the established 94 church discipline, and tendit to introduce abolisched superstitions and errors; and offered to manifest the introduceing of such other innovations on the doctrine and discipline of the Church, (ratified by your Majesteis Father of worthie memorie, and by your Majesteis selfe in your late Parliament,) and their unwarrandit power to force the same, as did necessitate either our breach to God in doeing against conscience, or being lyable to the loss of our fortunes and liberties by their High Commissione, which is a judicatorie against the standing lawes of this kingdome, prejudiciall to your Majestie in your honour and benefeit, contrarie and croseing the judicatories alreddie establisched by law, both in forme of judgment and punischment, and extreamlie hurtfull to the subjects. Finding our so long silence and patient suffering had encouraged them to that height of usurpatione, we could no longer containe and be answerable to our God, whose honour was impared, to your Majestie, from whose pietie and justice (as his great deputie) we might expect redresse, nor to the state, whose encreasing disease requyred a spedie cure fra your blissed hands; thogh your Majesteis Counsell (the right channell for conveying the knowledge heirof into your royall mind) wer sensible, and could not deny thir evills, yit wold they not proceid further at that tyme than to put us in hope of your Majesteis answer, sum of them exhorting us, by a small number from the whole, to wait and follow our Petitiones. Wherupone we conveined againe the 25 November, and choosed a small number to wait and follow the same; and albeit our meitting was verrie frequent, yit the redines of our obedience to your Majesteis Counsell did appear in so quyet ordering of ourselves, as the Counsell approved, and Prelatts admired the same.

Wee desireing the answer of our Supplications from the Lords of Counsell, wer delayed till the Earle of Roxburge his comeing hither, by whom their Lordships made us expect the same; but returneing at his arryvall wer appointed to attend the Lords of Counsell at Dalkeith four severall dyetts, wher, efter many delayes, the saids Lords of Counsell read our Supplicatione, Complaint, and Bill, the 21 December last, and promised to represent the same to your Majesteis royall consideratione, with that earnest care befitting maters of that consequence. Beleiving my Lord Thesaurer caried these to your Majesteis hands, and at his returne, being filled with the expectatione of a gratious answer, we wer soon prevented by the rumour of a Proclamatione, that contained many things prejudiciall both to your Majesteis selfe and your good subjects, intending to make the same knowne to the Lords of Counsell at Sterline, and to have taken a course by them for your Majesteis further informatione, wer tyed by the order of law to declyne these on whom we complaine from being our judges; and upon the Lords refuiseing to admitt the same, and from barring us from further dealling with themselves, were forced to protest for haveing our immediat recourse to your Sacred Majestie, as the common father of this state, for curing hir woundit liberties, and the great master holding the just ballance to dispence encouragement to the deserving, and corrections to such as, breaking the strong bands of religione and justice, smite their fellow-servants. Wee then, without any intercessor than the exceiding importance of so great a bussines, doe most heartilie beg ane access to all our former, and this most humble Supplication to your Majestie, for looking first on the decaying estate of our church, now rent with intestine discentione, occasioned by these tares of heresie in doctrine, superstitione and idolatrie in worschip, and tirrany in government, bot latelie sawen amongst us, who have been the freest of any natione of any sic mixture; and be gratiouslie pleased to prevent the same by the tymeous appointing of a nationall Assemblie, the only judicatorie allowed by our law for ordering such maters, and fittest meane for restoring the truth, and setling a course for 95 the stedfast retaineing of the same heirefter, and that knowledge and pietie may encrease, which are the strongest and firmest bands of obedience to your Majestie; and that your Majestie being pleased to call a Parliament for hearing and redressing the just grievances of the subjects, for renewing and establisching such lawes as may be found good for your Majestie and the subjects, shall therby doe a work to make your sacred Majesteis person famous and exampler throw the world, and infinitlie beloved heir among your Majesteis subjects, who, receaving such content, will express the same with the best tokens their affections or fortunes can bear, and make you glorious heirester. Most humblie beseiching that your gratious Majestie will be pleased to give a full and patient hearing to these, even for his blessed names sake, whose honour it concernes, and for the good of your Majesteis antient kingdome, and of us your faithfull subjects, our exceiding respect to your Majestie, our orderlie and humble cariage in all the course of this so important ane affair concerneing religione, (which we offer to make good in despite of all calumnie,) our reverence in all our words and actions (as becometh) to your Sacred persone and authoritie, our propensione and continuall custome of pouring out our most heartie prayers and wishes for your Sacred Majestie, our willing obedience to undergo your lawes and have others to doe soe, may testifie our faithfulnes to so good a King, fra whose goodnes, wisdome, and justice we may certanlie expect the acceptatione of these our humble and just desires, and such ane answer as may encrease the blessing of God on your Majesteis person and government, and the bund affectiones of all your subjects, and of us, who, nixt to the salvatione of our soules, sall be most carefull to give your Majestie all lawfull content by our dutifull obedience, and shall heartilie pray to the Lord for your many dayes, for a prosperous and religious raigne over us,

Your Majesties most humble and obedient subjects and servants.

March 26. About the 26th day of March, upon the returne of the Justice-Clerk from Court, who had gone up with the instructions from the Counsell efter our meiting at Stirling, and subscriptione of the Covenant at Edinburgh, and that the Thesaurer, Privie Seall, and Lorne was sent for by his Majestie, with whom he professed he wold be informed and advysed in our great bussines, a number of the Supplicants was drawne to Edinburgh, such as Rothes, Montrose, Louthian, Dalhousie, Home, Loudone, Balmerinoch, Lindsay, Cranstone; wher, having spoken at length with Lorne, and Rothes and Loudone haveing learned his mynd, that seimed rightlie and religiouslie inclined to tell the truth to the King, and speciallie, that he could never be righted in his honour by dischargeing things befoir they wer lawfullie tryed, and then to lett the blame lye wher it was indeed. The Thesaurer appointed Rothes to come to him, and promised to send his coach for him, but skipt away, and sent ane apologie with Captaine Stewart, desireing him to speak what he wold have spoke to him to Lorne.

96 At that tyme, the Supplicants, finding both Bishops and Statesmen incline to urge a discharge of the Service-book, Book of Canons, and tempering the High Commissione, as it was in King James' tyme, did find it necessar to sett out something for informeing the people in the nature of our desires, that so they being found so necessarie might not be deceaved, nor taken with the suggestiones of such as thoght the discharge of the books and tempering of the High Commissione sufficient. These wer remitted to be penned by Mr. Archibald Johnestone, advocat, and Mr. Alexander Hendersone, minister, wer revised and mendit by the noblemen, bearing the title as followes:—

The Least that can be asked to setle this Churche and Kingdome in a solid and durable Peace.

The least that can be craved for Peace. 1. It is certane that the present not urging, or the present dischargeing of the Service-book, Book of Canons, and last High Commissione, cannot satisfie our Supplications, Complaints, Protestationes, Confessions, cannot remead the present evills, nor preveine the lyke in tyme comeing.

2. Experience sheweth the necessitie that this kirk must be secured by ane Act of a free Generall Assemblie, and of ane Parliament, that she shall never be urged heirefter with any alteratione in points of doctrine, divyne worschip, and churche governement, bot which sall be first agried upon in lawfull free Generall Assemblies, which is the order appointed by God, observed and prescryved in this church since the Reformatione, and the principall meane to give satisfactione to all mens mynds in maters of religione sua far as is possible.

3. Pastors and professors can never be free of troubles or fears, so long as the terrour of the High Commissione stands over their heads, which cannot be limited, but quyt discharged. 1. Becaus it was introduced and exercised, not onlie without lawe of this kirk and kingdome, bot against the express acts of both. 2. It is a court of ecclesiastick and civile persons, haveing power to inflict both spirituall and temporall paines; and therfoir, being in the constitution thereof unlawfull, cannot be qualified with any limitations. 3. A commissione for ecclesiastick persons to inflict spirituall censure cannot proceid from the King, bot from the Generall Assemblie of the Kirk; and ane commissione to civile persones to inflict temporall paynes for ecclesiasticall causes cannot bot proceid fra the Parliament, at the desire of the Assemblie. 4. It subverteth all other lawfull judicatories of this kirk and realme, and endangereth the liberties, estates, and persones of the whole leidges.

4. The urgeing the Articles of Pearth, under ecclesiasticall and civile paines, hath caused great truble and divisione in the church, made way for all the subsequent novations and superstitiones, and yit is neither warrandit by the Act of Assemblie, which doeth neither containe any penaltie, nor enjoyne by way of precept, necessarlie to be obeyed, bot be way of counsell freelie to be observed; and that upone this reasone, seing all memorie of bygone superstitione is past, which, being anima legis, inferreth, be way of contraries, the necessitie of our not observeing, seing the memorie of bygone superstitione is now revived, and pressed, according to the last clause of the 21 article of our large Confessione of Faith, ratified in Parliament and according 97 to our promises in our late Confessione: neither yit is warrandit by the Act of Parliament, which doe ratifie the Acts of this Assemblie, without any desire fra the kirk, yea, contrair to the Supplications and Protestations of many godlie and learned in the ministrie, but neither intendit nor could change the frie voluntarie observance, in maters ecclesiastical), of a church counsell, unto the necessarie obedience of a penull statute; and therfor the urgeing of Pearth Articles must cease and desist.

5. There is no appearance of laying the present commotiones and combustiones in this kingdome, of sattisfieing the Kings honour and mind, misinformed by our adversaries, nor of cleering the subjects pious loyaltie, in their legall and peaceable proceidings, from all calumnies and misconstructions, except in a free Generall Assemblie; the present Archbishops and Bishops, the authours and causes of all innovationes complained upone, and of all misinformationes against the complainers, to be tryed and censured according to the Acts of the Generall Assemblies; for it is against all law and reasone that they should, without any censure, be suffered to rule at their pleasour, and their own act, at the Assemblie at Glasgow, wherby they have their power appointed them to be censured in their lyff, office, and benefice, by the General Assemblie; siclyke that ministers be tryed in their office and conversatione, and censured according to the Assemblie and Acts therof.

6. For keiping the puritie of religione in this kirk, and establishing a firme peace in this kingdome in tyme comeing, Generall Assemblies must be holden at the ordinarie tyme; for the commissioners appointed by King James for the Assemblie at Lithgow, 1606, and uthers acquainted with his Majesteis intentiones, did declare that his Majestie was never of another mynd, bot that the holding of Generall Assemblies, at certane competent tymes, was and is a most necessar meane for preservatione of pietie and unione in the kirk, and for exterminatione of heresie and schisme, (which our dolefull experience of innumberable evills following upone the want therof doeth undenyablie confirme); and therfor it was his will that the Act of Parliament sould stand in force, for conveining the Generall Assemblie once in the yeir; lykas it was acknowledged in the forsaid Assemblie at Glasgow, 1610, that the necessitie of the kirk did crave, that for takeing order of the common enemie, and for uther affaires of the kirk, ther be yeirlie Generall Assemblies; and, therfor, that Assemblie humblie requested his Majestie that Generall Assemblies might be holdin once in the yeir, or at least at sett tymes, for all tymes comeing.

7. The least can be sought for the present, concerneing ministers voters in Parliament, is, that they be limited by the particular caveats agreed upone, first in the Assemblie 1600 at Montrose, and by any other Canons to be made, as the Assemblie sall think meit and necessar, (from our 37 yeirs experience of the fruits and consequences therof,) as it was appoynted at that tyme; for so long as they vote in Parliament absolutlie without the limitatione of thir Canones, they can never be thought to vote in name of the Kirk.

8. Ther can be no hope of the continuance of religione in this Kirk, (altho we wer delyvered from all other evills,) except sum better course be taken for the free entrie of ministers, without unlawfull oathes, and with the consent of the presbitrie and of the people. For this end, it wold be remembred that it was declaired, Act 114, Parl. 1592, That God hath given to the spirituall office-bearers of the Kirk collatione and deprivatione of ministers; and therfoir the Commissione grantit to Bishops, 1584, to receive the presentatione to benefices, was declaired to be null in tyme comeing, and it was ordained that all presentationes to benefices be directed 98 to particular presbitries in all tyme comeing, with full power to give collatione therupon; they being the lawfull office-bearers of the Kirk, to whom God hath given that right, which, therfor, neither was nor can be taken from them absolutlie and given to Bishops exclusivlie.

Bishops go to Court. Befoir this tyme [the] Bishop of Brichen was gone for Ingland to incense his Majestie, and Ross had followed immediatlie efter; Thesaurer and Lorne followed, the Chancellar, President of Sessione, [and] Clerk Register.

March 26, Sum appoynted to go North. About the said 26 of Marche, it was thoght fitt to send sum to the North to the sherrefdome of Innerness, &c. for dealling with these ther; becaus Ross had said, Marquise of Huntlie wold get all things done in the North parts: whereon letters wer writ to the Earle of Southerland, Master of Beridale, Lord Lovate, Laird Ballingown, name of Mackenzie, Graunt, M'Intoshe, all to meit at Innerness 25 April, to see and subscryve the Confessione of Faith; and Sutherland and Beridale to deall with the rest. Ther wer sent from this the Laird of Innes, Mr. James Baird advocat, Mr. Andro Cant and Mr. George Leslie ministers. Thes had all Informationes.

About the 16 Aprill, Mr. George Haliburtone, who had caried the letter from the Supplicants to the Duke, Marquise, and Mortone, returned; wherupone Apryll 20. Sum Noblemen meit about the answer returned fra the Duke, &c. a number of the Supplicants wer ther on the 20 of Aprill, as Rothes, Lothian, Cassles, Lindsay, Dalhousie, Balmerinoch, Carnegy, Elcho, &c. He broght back the Supplicatione stamped, never sturred. Haddintone was muche delt with to have showne it; bot wold not break it up, except his Majestie wold grant absolutlie to receave it fra us. He broght answers to our letter, viz. a letter from the Duke to Rothes, from the Marquise to Montrose, and from Mortone to Cassles, all of one tenour, as followes:

This being the copie of the Dukes Letter to Rothes.

My Lord,

Dukes letter to Rothes. The letter directed to the Marquise of Hamilton, Erle of Mortone, and myself, signed by your Lordship and dyverse other noblemen of qualitie, we jointlie read. Therefter, according to our dutie to his Sacred Majestie, we acquainted him with the contents therof; who, haveing taken the same into his royall consideratione, hath commandit this answer to be returned: That as hitherto his Majestie hath bein ever gratiouslie pleased to receave the Petitiones of his subjects, they being so conceaved in mater and forme as was fitting to be presented by dutifull and obedient subjects to a gratious and just prince; nor is he unwilling to receave yours, being in maner as said is. And further, his Majestie hath permitted us to lett you know, that his 99 Counsell hath from tyme to tyme acquainted him with your Supplications, wherupon diverse directiones hath bein alreadie given; bot not finding them so cleirlie understood as was wished and expected, his Majestie will yitt be pleased further to explaine and declare himselfe what his royall intentions ar, and therby, no doubt, free the hearts of his loyall subjects from any fears of innovatione of religione, and ease your Lordship of the trouble either of sending your Supplicationes, or comeing with them yourselves.

Your Lordships affectionat friend.

Whythall, April 11.

Resolutione for answer to the Duke, &c. The Noblemen getting notice that the Kings Majestie wold not suffer them to be answered conjoyntlie, least they sould have therby bein acknowledged ane incorporatione, thoght fitt the answer sould be signed by Rothes, Montrose, and Cassles conjoyntlie, and in name of all the rest of the Supplicants; that the letter sould have reference to a note to be delyvered to them by Earle of Haddintone, as bearing the Supplicants desires that the same and reasones therof might be knowne to his Majestie befoir he gave out any further declaratione of his mynd, as the letter bears, drawne up by Rothes at the command of the rest; the tenour wherof followes:

Our Most Noble Lords,

Letter of Rothes, &c. to the Duke, &c. Although your Lordships wer pleased to answer severallie .and to us only, that letter sent, name of the whole Supplicants heir, for obtaineing knowledge, by your Lordships means, of the way his Majestie wold prescryve for convoying our so much necessitat Supplicatione to his Majesteis royall hands, yitt wer tyed in accompt to them all interessed; and these haveing considered your severall letters of one tenour, have commandit this answer, which from us all most render you the heartie and humble thanks of your paines, and most earnestlie beseiche the continuance of your powerfull endeavours in this bussines, deserveing the greatest and befitting the best affected instruments. And wher his Majestie hath declared himself informed of all our Supplicationes by his Majesteis Counsell, it doth seem, they could not weell know our mynds who wer so unwilling to be informed by us. Sumtymes their Lordships pretendit themselves inhibite to hear, and wer alwayes most unwilling to receave so full informatione as we wer often readie to have given. Their speciall endeavours tendit to enduce us to restraine our Supplicationes, and suppress these speciall evills, which we offered to prove wer extreamlie prejudiciall to religione, to the honour of our Sacred Soveraigne, and to the whole subjects, which makes us conceave them not to know so fullie either of our desires, or these things fitt to be redressed, except they have informed themselves in a private way. And these diverse directiones affirmed by your Lordships to have followed upone our Supplications, and not to be so cleerlie understood by us as was wished, have, by appearance, flowed either fra the spareing informationes of the Lords of Counsell, or from sum of our adversaries, worthie small credite. The said directiones published neither answering our Supplicationes nor agreeing among themselves, as may be easilie 100 cleered, did beget great greife in us all, to find his gratious Majestie so wronged: And, to prevent the farther declaratione of his Majesteis plesour, wherof your Lordships writ, may not be wanting through defect of good informatione, to satisfie what in justice and confidence is requyred, We have entrusted a note to be delyvered to your Lordships by the Earle of Haddintone, conteineing these things requyred by us, sett doune with such moderate consideratione, as thinking we can neither be answerable to God Almightie, nor enjoy the peace of our own consciences if we sould pass from any thing contained therin; beseiching your Lordships advertisment if his Majestie be not pleased with these our humble desires, or any pairt therof, that so we may returne to the ordinarie way of a Supplicatione, which sall be prepared and presented upon our perrills, that being the only way for acquainting ourselves in this great and publict bussines. Your Lordships may go on with great confidence in dealling with his Majestie, altho by misinformatione his Majestie be now sumwhat difficle; our bussines being so just, and these that have informed against us and moved all these troubles, wanting all legall defences; so that being put to the desired tryell, which they shunn, they will be forced to crave their onlie shelter from his Majesteis mercie and compassione; for tryell will stryp them of bold calumnies, their present weapons, which doth now so much harme us and uphold them. By these meanes his Majestie preserves that love and heartie obedience due by all to his royall persone, the subjects ar freed from the troubles they underlye at home, imputationes from abroad salbe placed on the right owners, and all others cleered who ar wrongfullie blamed; the instruments in this good work sall deserve a lasting commendatione for so great and universall benefite as a solid peace to this church and state, and obtaine a blessing from God above, being confident that your Lordships affections will be no less then your interests to share in all these goods so heartilie wished to you, by us,

Your Lordships affectionat and humble servants.

The note was drawne by Mr. Alexander Hendersone, very smooth sparing to satisfie Cassles scrupulositie; the tenour wherof followes:

Articles for the present Peace of the Kirk and Kingdome of Scotland.

Articles for the peace of the Kirk. If the Questione wer about such maters as did come within the compass of our owne power, we wold be ashamed to be importunat, and sould be verrie easilie satisfied, without the smallest trouble to any. Bot considering that they ar the maters of Gods honour, of the kingdome of Christ, and peace of our soules, against the mystirie of iniquitie which we cleirlie perceave to have been uncessantlie working in this Land since the Reformatione, to the ruine of the true religione in the end, it cannot stand with our dutie to God, to our King, to ourselves, and the posteritie, to crave or to be content with lesse then that which the Word of God and our Confessione of Faith doth allow, and which may, against our fears, establishe our religione for efterwards.

Discharge of the Books. 1. The discharge of the Service-book, the Book of Canons, and last High Commissione, may be a part of the satisfactione of our humble Supplications and just complaints, which, therfor, we still humblie desire: bot that can neither be a perfect cure of the present evills, nor can it be a preservative in tymes to come. 101

Abolishing the High Commissione. 2. When it is considered what hes bein the troubles and fears of his Majesties most loyall subjects from the High Commissione, what is the nature and constitutione of that judicatorie, how prejudiciall it proves to the lawfull judicatories of the kirk and kingdome, how far it endangereth the consciences, liberties, and estates, and persones of all the liedges, and how easilie and far more contentedlie all the subjects may be keipit in order and obedience to his Majesteis just lawes, without terrour of that kynd: we look that his Majesteis subjects, who have bein used to obey according to the lawes, salbe altogether delivered from the High Commissione, as from a yoak and burthen which they feell and fear to be more heavie than they salbe ever able to bear.

Freedome from Pearth Articles. 3. Remembering by what wayes the Articles of Pearth wer introduced, how stronglie and with what oppositione they were caried in the Assemblie, upone what narrative they wer concludit, how the ratificatione in Parliament was not desired by the Kirk, but earnestlie supplicated and protested against, how they have bein introductory to the Service-book, wherof now they are become members, and in their nature make way for Poperie, (whatsoever has been the intentione of the urgers,) and withall what troubles and divisiones they have caused these twentie yeirs in this Kirk and kingdome, and what jealousies betwixt the King and his subjects, without any spirituall profite or edificatione at all; as we can see no reasone why they sould be urged by authoritie, so can we not find bot we salbe more unable to disgest them then in the beginning, when we had not as yet tasted nor knowne how bitter and unwholsome they ar.

About Civile places of Churchmen. 4. The judgment of the best divynes in the reformed kirks, and of the most pious and learned of this kirk since the Reformatione, concerneing the civill places and offices of kirkmen, and concerneing the vote of ministers in Parliament, hath bein made knowne in dyverse Generall Assemblies, which proved the Assemblies of this kirk, when they could not by their modest oppositione prevaill to limite the ministers who wer to vote in Parliament, by many particular Canons agried upone at first, and ordained to be insert in the Act of Parliament, and by other canones to be made efterward, as the Assemblie sould find meit and necessar; and therfor, if we will declair our mynds, efter lamentable experience of the evills which wer then forseen, feared, and foretold, we cannot see how ministers voteing in Parliament absolutlie, without the limitationes of these Canones, can be thoght to vote in name of the Kirk.

Anent the entrie of Ministers. 5. We have no grivance more universall, more ordinarie, and more pressing, then that worthie men, who have testimonies of their learning from universities, ar tryed by the presbitries to be qualified for the work of the ministrie, and for their lyff and gifts ar earnestlie desired by the whole people, ar notwithstanding rejected, becaus they cannot be perswadit to subscryve and swear such unlawfull articles and oathes as have neither warrand of the Acts of the Kirk, nor Lawes of the Kingdome; and others of lest worth; and ready to swear as for base respects, unworthie to be mentioned, obtridute upone the people, and admitted to the most eminent places of the kirk and schoolls of divinitie; which causeth continuall complaints, makes the people run from their owne kirks, to refuise to receave the Sacrament at the hands of the ministers set over them against their hearts, or to render them that honour which is due from the people to their pastors, and is a mightie hinderance to the Gospell, to the soules of the people, and to the peace of the whole Kirk and Kingdome; all which might be easilie helped by giveing place to the 114 Act of Parliament, 1592, declaring that God hath given to the spirituall office-bearers of the Kirk the collation, deprivatione of ministers, and ordaining that presentations to benefices, be directed to particular presbitries in all tyme comeing, with full power to give collatione 102 therupone, they being the lawfull office-bearers of the church, to whom God hath given that right, which, therfor, never was nor can be taken from them, and so conferred upone others, as that they salbe quytt secludit therfra.

Yeirlie Generall Assemblie. 6. The lawfull and free nationall Assemblies of this Kirk, warrandit by divyne authoritie, ratified by Acts of Parliament, keipit in other reformed kirks and in this kirk, and acknowledged by King James to be the most necessar meanes for preservatione of pietie and unione, and for exterminatione of heresie and schisme, (who willed, therfor, that the Act of Parliament for conveineing the Generall Assemblie once in the yeir sould stand in force), if they wer revived by his Majesteis authoritie, appoynted to be kept at the ordinarie tymes, and if once at his Majesteis first opportunitie, and so soon as may be convenientlie, sould be indicted, kirkmen might be tryed in their lyff, office, or benefice, and keiped in order, without trouble to his Majestie, and without offence to the people; the present evills might be speedilie helped, and to his Majesteis great honour and content, and to the preservatione of the peace of the kirk, their course might be stopped for efterward; as, on the contrair, while kirkmen escape their due censure, and maters of the kirk of God, ar imposed without the consent of the free Assemblie of the Kirk, they will ever be suspected to be unsound and corrupt, as shuning to be tryed by the light, to the continuall intertaineing of heart-burneings among the people, and to the hinderance of that cheirfulness of obedience which is due, and fra our hearts we wish may be rendered to the Kings Majestie.

A Parliament. 7. If according to the law of nature and nations, to the custome of all other kingdomes, and the laudable example of his Majesteis worthie progenitours in the lyke cases, of nationall grievances, or of commotiones and fears of the whole bodie of the kingdome, his Majestie sould be gratiouslie pleased to call a Parliament for the tymeous hearing and redressing the just grievances of his subjects, for removeing their commone fears, and for renueing and establishing such lawes as in tyme comeing may prevent both the one and the other, and may serve to the good of the kirk and kingdome, the peace of both might be firmelie setled, all mens mynds, now so weakned, might be easilie pacified, and all our tongues and pennes ar not able to present what wold be the joyful acclamationes and heartie wishes of so loyall and loving a people for his Majesteis happines, and how heartilie bent all sorts wold be found to bestow their fortunes and lyves in his Majesteis service.

More particular notes, &.c. 8. The more particular notes for things expedient for the weill of the Kirk and Kingdome, for his Majesteis honour and satisfactione, and for extinguishing the present combustione, may be given in to be considered in the Assemblie and Parliament.

The letters and these articles being drawne, it was not thoght fitt to committ them to ordinarie cariers or the merchant packet; and, therfoir, the Earle of Rothes was desired to suffer his servant, Johne Malcome, to carie up the same, with such other letters as wer writ by noblemen to their particular freinds. The Earle of Rothes was enjoyned by them all to recommend the letter and articles to the Earle of Haddintone, to delyver them to the Duke, Marquise, and Earle of Mortone, and solicite their answer. All 103 The Carier of the letter and articles comes back fra Newcastle with Mr. Borthwick. the saids letters being dispatched, Johne Malcome was mett by Mr. Eliazar Borthuick, on the        day of          , at Newcastle. Mr. Eliazar learning what was the contents of the letter and articles which the said Johne Malcome caried, did bring him beck, apprehending he caried that which perhaps might give sufficient satisfactione to the Supplicants, concerning the Marquise his downe comeing with commissione to satisfie many of their desires, if they wold rightlie temper them, and not be extream. At their returne, Mr. But efter the conference of sum Noblemen to Mr Borthuick; Eliazar haveing conference with Balmerinoch at Edinburgh, and the nixt day with Rothes and Lyndesay, and Mr. William Scott and Mr. Alexander Hendersone at Cowper, they found Mr. Eliazar had only some private directiones be tongue from the Marquise, which appeared also to be with his Majesteis knowledge, shewing that if the Supplicants wold only crave such things as they might crave by standing law, and goe no further, it was lyk his Majestie wold grant a Generall Assemblie and a Parliament, and redresse maters according to the lawes alreadie made. These finding bot small warrand from Mr. Borthuik, and conceaveing his Majestie to be misinformed by these who apprehendit to have more law for themselves and the Supplicants to have lesse then they had, and that his Majestie was not yit so fullie informed concerneing their desires and justnes therof, thoght fitt that the letter and note sould goe forward; and to that effect dispatched the Carier is dispatched againe. Johne Malcolme the nixt morneing, causeing also Mr. Borthuik to writ with him a verie free letter to the Marquise concerneing the state of bussines as they presentlie stand, advyseing his Lordship not to undertake any commissione, without he had power to give full satisfactione to the Supplicants, who craved nothing without warrand in law and reasone, and wer resolved to stand constantlie to their just demands; that he wold both returne without doeing any good, and bring a great deall of hatred on himselfe, if he wer not able to give them content.

May 9. Sum Noblemen come to Edinburgh to meit with Thesaurer and Lorne. Mr. Borthuick haveing informed that Thesaurer and Lorne wer to part fra Court shortlie efter him, and so to be in Edinburgh about the 9 of May, did move sum noblemen to resort thither against the said day, to meit with Thesaurer and Lorne, viz, Rothes, Montrose, Home, Montgomrie, Drumlanrig, 104 Lindsay, Boid, Loudon, Yester, Balmerinoch, Forrester, Couper, with sum of the Commissioners fra the gentrie, ministers, and burrowes, who waited Receave letters from the North. ther, wher they receaved with great content letters fra the Earle of Sutherland, Master of Beridale, Lord Raye, concerneing their diligence at Stranaver, Sutherland, Cathnes, Ross, at Innerness, and in Murray, and the assistance they had got from my Lord Lovate and others; as is more particularlie sett doune in a Relatione of their proceidings ther, sent by them as ane accompt of their diligence, the copie wherof immediatlie followes:

Relatione of the Proceiding in the North. The noblemen, gentlemen, ministers, and burrowes, &c. attending his Majesteis answer to their humble Petitiones (at Edinburgh), haveing renued their Covenant with God, according to the example of their worthie predecessours, considering that, by their oath and subscriptione to the laid Covenant, they wer tyed to promove the bussines alse much as in them lay, bot in respect of the distance of the place, the great charges, and other difficulties, it was hard for noblemen, gentlemen, and uthers in the North, to repair to Edinburgh, they resolved upone a dyet at Innernes the 25 Aprill, and sent advertisments to the speciall noblemen and gentlemen, &c. to keip that dyet; Agents in the North. and withall directed the Laird of Innes, Mr. Andro Cant minister at Pitsligo, Mr. George Leslie minister at Bonar, commissioners for the kirks of Caithnes, Sutherland, and Stranaver, and Mr. James Baird advocat in Edinburgh; who, haveing attendit the meitings in Edinburgh, and being acquainted with the whole proceidings, might give them information and resolutione of their doubts and scruples.

Mens minds diverselie affected. The day prefixed drawing neir, ther was a great commotione of mynds, on all hands. They that in affectione and practise wer ingadged in the bussines, such as the Earle of Sutherland, Master of Beridale, gentrie and ministrie of the diocie of Cathnes, wer most glad of the occasione; uthers of Ross and Murray, who had felt the smart of Episcopall tiranny, longed for the tyme of releife; uthers of Gallioes temper, preferring outward quyet to inward peace, wer verrie slow; uthers, being darned like a bird that shrouds itselfe under shelters from a ravenous halk, could not apprehend themselves to be free of danger, till they wer drawne out, and it was 105 evidentlie demonstrate that the wings of the foull they feared was plucked. Bishops have their factors. Upone the uther part, the Bishops wanted not their factors and emissaries, especiallie in Ross; one Mr. James Ainslie, minister at Rosemarkney, commonlie called Chanter of Ross, and Mr. Thomas McKeinzie, minister at Tarbet; they, lyke faithfull servants to their lord the Bishop, forseing the day of the ruine of their kingdome was draweing neer; and perceaving that the Master of Beridale had written to sum of his freinds of the name of Ross and McKeinzie, to meit him upon Tuysday 24 Aprill, they writ their letters to the ministers of the presbitrie of Dingwall and Channerie, desireing a meiting at Urquhard,upon Thursday the 20 [19?] Aprill, wher they laboured, partlie by assurements, partlie by threats and terrors, to disuade them from keiping the meitings at Innernes, and prevailed with many. And lykwayes, upone the 25 of Aprill, they repaired to Innernes, and dealt with all their acquaintance, bot in vaine; and from thence they went along befoir the noblemen to Forres and Elgine, spareing no paines for the furtherance of their designs.

Aprill 25. Meitting at Innernes. The 25 Aprill, the appointed day being come, there repared to the toune the Master of Beridale, accompanied with fourtie gentlemen of his freinds and vassalls, notwithstanding they wer earnestlie dealt with to stay at home, and not to follow him; the Erle of Sutherland, with the gentlemen of that countrie; the Lord Rayes, with his countriemen of Stranaver; the Laird of Ballingowne, with the gentlemen of the name of Ross; [the Tutor of Fowlis] with the name of Monro; the Lord Lovat, with the gentlemen of the name of Fraser; the Lairds of Pluskartie, Kilcowie, and Cowle, with the gentlemen of the name of McKeinzie: In a word, the whole gentrie of Ross (except only the Laird of Cromartie, and one Monro of Assin, a Papist, who was a diligent and earnest seducer) and Glenmorisone, and some of the name of Graunt, Kilraik, and uthers of the west end of Murray.

Letters from Huntlie to diswade. In the morning, a gentleman of the name of Gordon, stylled Ardonel, broght letters fra the Marquise to the Erle of Sutherland, the Lord Ray, Master of Beridale, and uthers, and dealt earnestlie to have stayed them 106 from subscriptione; bot was so farr from prevailing, that this dealling produced the contrair effect, and made them the more earnest.

The Noblemen and speciall of the gentrie mett in the morning at eight hours, to consult about the maner of their proceiding. The Laird of Innes declaired the occasione and scope of their meiting, and was secondit by the Matter of Beridale. They resolved to goe to the paroche churche of the toune at two hours, and to reid the Covenant and subscryve the same; and withall they directed tuo ministers to Mr. William Cloggie, minister of the toune, to desire his concurrence to the actione, who refuised the same.

Confessione subscryved by the nobilitie, gentrie, and ministers of Cathnes, Sutherland, Ross, Stranaver. At two hours, Mr. Andro Cant, efter ane exhortatione, read the Covenant out of the readers seat, and exponed it. Then they proceidit and subscryvit, first the noblemen and speciall gentlemen, then the gentrie of each shire. The Matter of Beridale, to provocke the gentrie of other shires, haveing a roll of the gentlemen of Caithnes, called them by their name to subscryve. James Maccullo, balzie and commissionar for the toune of Tayne, subscryvit in name of the toune; wherupone Sutherland succeidit, and so went on most cheirfullie. The ministrie at first haveing proponed their doubts, which in effect wer perceaved to aryse from fear rather then any scruple of conference, desired at first a continuatione till the next day; which being granted, as non ther did (or pretendit to have any point to) urge any; yit seing the allacritie of the gentlemen, and cheirfulnes of their countenance, they came to, and subscryvit with joy and gladnes: All the Presbitrie of Tayne, save one; out of the Presbitrie of Chanrie only one, Mr. George Monro, (the Presbitrie of Dinguall came to the toune bot that night); tuo ministers out of Stranaver; thrie out of Caithnes in name of that Presbitrie; tuo out of Sutherland, in name of that Presbitrie. It was profest by all, that it was the joyfullest day that ever they saw, or ever was sein in the North; and it was marked as a speciall mark of Gods goodnes towards these parts, that so many different clanes and names, among whome was nothing before bot hostilitie and blood, wer mett together in one place for such a good cause, and in so peaceable a manner, as that nothing was to be seen and heard bot mutuall imbracements,, with heartie praise to God 107 for so happie a unione. That night, all that wer present haveing subscrived, the actione was concludit with praise and thanksgiving.

Apryll 26, Innernes toun dealt with, and subscryves. Aprill 26, at eight hours morning, the counsell of the toune of Innernes conveined in great frequencie. Mr. James Baird delyvered a letter to them from the Burrowes, and presented the Covenant and red the same. The noblemen and speciall gentlemen came in. The Provest; and tuo other of the counsell refuised to subscryve, pretending that their toune lay invyroned amidst the Hielands, and named speciallie the Laird of Graunt and M'Intosh, who had not subscryvit; notwithstanding, they wold not be a hinderer to any of the toune that wer willing to goe on. Wherupone presentlie one of the balzies, called Robert Balzie, stood up and said, Weill, my Lord Provest, if ye will not goe on, we sall make yow a thinn bak; and called up the drummer of the toune, and commandit him to touck the drum, and commandit all these that feared God to come presentlie to the Tolbooth and subscryve the Covenant; which directione being mistaken by the drummer, he added unto it sum penaltie of goods, &c. This gave occasione to our adversaries to callumniate our proceidings, as if the directiones upone such paines of lyfe, &c. had bein given by the Noblemen, &c; wheras in effect it is knowne to all that wer present, that it was from the said bailzie, and in the said tearmes allanerlie, the haill bodie of the toune conveined and subscryved most gladlie, all that could; they that could not, be a Nottar.

Lord Ray, sum ministers, and gentlemen new come subscryvit. After dinner, they repaired to the toune kirk. After exhortatione, the Covenant was red, and againe declaired. Then the Lord Ray, who was not present the day preceiding, subscryvit with sundrie gentlemen, the ministrie of the Presbitrie of Dingwall in Ross, [and] sum ministers of the Presbitrie of Innernes in the diocese of Murray. A letter came from M'Intosh, subscryvit, excuseing his absence, by reasone of his late advertisment and far distance, being in Badzenoch, and giveing assurance of his concurrence. The same night, the Noblemen, &c. directed letters to the gentrie of Murray, especiallie these of the midle of it, about Forres, to meit at Forres upone Setterday at ten hours; as also to the ministrie therabout.

Upone Setterday 28, they mett at Forres, whither repaired the Sherreff of 108 Aprill 28. At Forres many gentilmen and ministers subscryvit, and the Toune. Murray, with the gentlemen of the name of Dumbar, and other gentlemen about. The ministers of the Presbitrie mett in the kirk, and with them Mr. George Leslie and Mr. James Baird advocat. They proponed their doubts, and received satisfactione. Then the noblemen came to the kirk, accompanied with the gentlemen. After ane exhortatione, the Covenant was red and declaired by Mr. Andro Cant. First the gentlemen begane to subscryve. The ministers wer sumthing slow, and desyred a delay, and wer dealt with by the Master of Beridale, who shewed them how ill it became them to be so slow, who sould be ringleaders to others in such a good cause. He urged them with the example of Felix, who shifted Paull, and wold have heard him another tyme, bot never had the occasione. Wherupone one Mr. John Hay, minister of Rafuird, a honest man, called upone the the rest, and said, Let us goe on, bretheren; wee have been too slow hithertill. And so he went on and subscryvit, and all the rest followed, even all the ministers of that Presbitrie, save one called Cummine. In the meane tyme, the Master of Beridale, and Laird of Innes, and Mr. James Baird, went to the Tolbooth, wher all the bodie of the toune subscryvit most cheirfullie. The actione being endit with prayer and thanksgiving, the noblemen appointed a meiting at Elgine, upone Monday at ten hours, and sent advertisments to the gentlemen in the east end of Murray.

Aprill 30. Noblemen and speciall gentlemen of Murray subscryvit at Elgin, and the Toune. Upon Monday 30, the noblemen and speciall gentlemen of Murray repaired to Elgine, and, haveing mett in the morneing, sent for Mr. Johne Gordone, minister of the toune, desired him to go with them to the kirk, and reid the Covenant and exhort the people; which he refuised obstinatlie. At ten hours they went to the kirk, where being sett, Mr. Andro Cant, efter ane exhortatione, red the Covenant and explained it. Therefter the gentlemen subscryvit; the Earle of Murray his whole people came in, with his balzies and chalmerlaines; John Leslie, bailzie of Rothes, Mr. Onlie three ministers subscryvit at Elgin. John Weymes, minister ther, with the gentlemen therabout; all the gentrie of these parts subscryvit, except sum few that wer keipit back by the Bishops' dealling, or had speciall interest to the Bishops or Gordons. In the meane tyme, whilst the gentlemen ar subscryving in the kirk, the toune 109 counsell conveined in the Tolbooth, and with them the Master of Beridale, the Laird of Innes, [and] Mr. James Baird. At first they wold have subscryved with a Protestatione that they might have libertie to kneell at the communione; which being absolutlie refuised, in end they agreed all in one to goe on in the common course and manner, and so subscryvit. At twelve hours, the Laird of Graunt came to toune, accompanied with Ballindalloche and 24 gentlemen of his name and followers. He came to the kirk, and the Covenant was red againe to him and his people; foe they subscryvit, and the actione was endit with exhortatione and heartie thanksgiveing to God. The noblemen and gentlemen, with mutuall embracements, and expressiones of love and amitie, and of their affectione toward the good cause, took their leave one of another, and returned toward their owne severall dwelling-places.

May 6. Covenant read and sworne at the Chanrie of Ross. Upone the Lords day, May 6, the Master of Beridale, being on his journey homeward, the people of Chanrie-Ross repaired to him, and desired that the Covenant might be red to them. Tuo of the balzies, being elders, in . name of the people desired earnestlie Mr. George Leslie to preach that day and reid the Covenant, and take their oathes and subscriptiones. He being unwilling to frustrate their earnest desires, especiallie considering that, in the Bishops absence, the people ar destitut of the meanes, did condiscend, and desired to ring the bells at the ordinarie tyme. After the ringing of the second bell, before nine hours, Mr. James Ainslie, minister at Rosmarkney, leaving his owne place void to dissappoint the other, that he sould not be hindered took a compase about the toune, as if he had been making for his owne kirk, and soe reteired by another way, and stept up to the pulpet, and preached to my Lady Bishop and hir familie. The people, by the earnest dealling of the Master of Beridale and sum honest men in the toune, wer hardlie keipt from pulling him out of the pulpit. His sermon being endit about twelve hours, the whole people repaired to the kirk, when Mr. George preached; and efter sermone, haveing premised ane exhortatione, begane to reid the Covenant. A little efter the begining, ther arose a noyse in the kirk, occasioned by a fire that was kindled in a house of the 110 towne, belonging to the Bishops tailyour; wherupone arose a noyse in the kirk, and sum people went furth; among the rest, the Bishops Lady, Mr. Ainslie, and uthers of the familie, who had stayed till that tyme, and heard the sermone and the begining of the Covenant. Presentlie, the mater being knowne, the people satt doun, and the Covenant was red out, and the heads therof declaired; and soe the people went on and subscryvit. Evrie honest man in the toun that could subscryve did soe; uthers that could not gave power to a Nottar to doe it for them: which being endit, the heads wer againe repeated, and efter ane short exhortatione to constancie, evrie man and woman in the kirk holding up their hands, the oath was solemnlie taken, and the actione concludit with the blessing.

The Noblemen at Edinburgh haveing red this the Northland dilligence, wer verrie weill pleased therwith; and at this tyme, being the 9 May, they thoght on these following Motiones:

The Motiones May 9, which wer spread. 1st, For observeing of unione, It is thoght fitt, that no answer be made to any of the Statesmen or uthers haveing commissione from the King concerneing the publict bussines bot with commone consent and advyce, according to the Article of our Covenant against divisive motiones, tending to the breach of our unione: It wold be told them plainlie, we will repute them as unfriends both to us and our cause.

2d, For better method in prepareing and handling of mater to be treated of, It is thoght fitt, that there be a committie chosen of all estates; and sum of the gentrie, burrowes, and ministers, to be present at the meitting with the noblemen.

3d, It is thoght fitt, That all who ar interest may attend punctually the dyetts and meittings with the rest of their number appointed for the good of publict bussines. And least our adversaries sould (upone the frequent attending of the Privie noblemen and Statesmen) take occasione to affirme that they have power to dispose of their freinds in this cause, their attendance wold be the more shuned, to shew that we will depend on no man who is of ane adverse judgment, or about a contrarie employment in the mater of our covenant and consciences.

111 4th, If ther be any new Proclamatione, It is thoght fitt, that it may be obviate, and rancountered with a new Protestatione, which wold be condiscendit upone, and wold containe our last Articles in substance; and that our Protestatione may be backed with good informatione and reasones, and sent with dilligence by the commissionars to the severall parts of the kingdome, that they be not deceaved nor surprised with Proclamatione or other suggestione; and that the copie of our Protestatione may be given to the commissioners of shires and burghes, to meitt the Proclamatione in all parts neidfull.

5th, If the discharge of the Service-book, Canons, and limitatione of the High Commissione be granted, and that the Statesmen and Commissioner offer, the King wold grant all wee can crave, which is not repugnant to law, and alledge that Episcopall power and the Articles of Pearth Assemblie ar established by law, It is answered, That the abuses of Episcopall government ar contrair to law, and censurable by law; and the Articles of Pearth Assemblie sould be rightlie interpret, and our desires for the free and yeirlie exercise of Generall Assemblies, free admissione of ministers without unlawfull oathes, the ceasing of the Articles of Pearth Assemblie, and the limiting of the Prelats boundless usurped power, according to the caveats of their first admissione, all are agreeable to law, for the reasones conteined in our Articles: And if the Bishops, Statesmen, and others, be of a different judgement from the most part of this kirk and kingdome, the Generall Assemblie and Parliament, who wer the law makers, ar only competent judges for interpreting their owne acts, whose decisione we crave; And altho the law wer interpret as they alleadge, (which is altogether untrue, and contrair to the grounds and meaning of the law,) yitt the bodie of the kingdome, for whose good the law was made, may crave lawfull redress of the grievances sustained by that law; and our Complaint, Supplicationes, and Protestationes against the Bishops depending in process for cleiring the subjects loyaltie, and repairing the wrong complained of, cannot be utherwayes lawfullie decydit, the present ills cannot be remeadit, nor the lyke or worse prevented in tyme to come. 112

6th, It is thoght fitt, That all who have subscryvit the Covenant be made sensible that they ar oblished, by their oathes, not to rest satisfied with lesse nor the desire of our Articles, which ar agreeable to law, conscience, and reasone; and without which we will be frustrate of our ends, and our adversaries betyme will obtaine the establishment of the things we complaine of.

7th, It is thoght fitt, That the number of the Commissioners be doubled, against the Statesmen and Marquis doune comeing; and that all be ready for conveineing upone advertisment.

8th, That the report of the subscriptiones of the Covenant may be sent to Edinburgh from all the severall parts of the kingdome.

9th, That the things recommendit to our former Committie be adverted to with all dilligence that may be, viz. About armes.

10th, It is thoght fitt, That at the tyme of our generall meitting there be a fast.

In the end of May, ther came verie many letters from the Marquise of Hamiltone, desireing his particular friends and followers to attend him at Hadingtone, and a number of the nobilitie, to whom he had relatione be freindship or acquaintance, to meitt him at Dalkeith the 5 June; showeing, he sould then make knowne that which he was confident wold give content to them, and all these who either loved his Majestie or the countrey, and wherby his Majesteis tender care of his countrey wold appear. They wer resolved to keep the appointment altogether at Dalkeith, till they got notice that all the Papists in the countrey wer conveineing all they could command; and that sum others, who had been designed be the bishops as men both powerfull and willing to undertake the suppressione of the Supplicants and of their lawfull course, and force them comport with all they complained on, and who had, both be word, writ, and practise, given evidence therof, befoir they found so great a number of the Supplicants joyne togither, wer also preparing all the people they could, be letters and intreatie, to attend them ther upone the 30 May. 113

A ship, pertaineing to one Johne Lightone in Leith, came to the road of Leith, loaden with pouther for cannon and musket, with cannon-ball, musket, pick, and match, and that for the Castle of Edinburgh; which being knowne and reported be other ship-masters, that came from Londone with him, made people advert the more carefully, becaus the Bishop of St. Andrewes, before his parteing, and others his associats, had openlie profest that the provydeing with ammunition, the victualling and manning Edinburgh castle, was the best way to force Edinburgh to obey whatsoever sould be enjoyned, and to beat and keip out the Supplicants fra Edinburgh; the one being thus subjected, and the other removed, they might fortifie Leith, and so certifie all Lothian to whatsoever course they wold enjoyne. The Supplicants sturring at such unusuall provisione efter such brags wer resolved to stay its entrie into the Castle, and requyre it to be sequestered untill the Commissioners comeing. But the Lord Thesaurer affirmed he was informed they intended the apprehending therof, which was his excuse that he did transport in the night by a boat the said whole ammunitione to Musselburgh harbour, wher, in all haste and privicie, he, comeing in persone, transported the same to Dalkeith. This did not onlie move the Supplicants dilligentlie to attend the castle of Edinburgh, that no more ammunitione sould come ther then had been customable the 30 yeirs past, considering the same to be a fort for defence and preservatione of the kingdome; and therfor sould not bein employed against the collective body of the kingdome ther present for the good and defence of religione and the countrey; and humblie to informe, and supplicat his Majesteis Commissioner: bot this also was a motive, amongst uthers, of changeing their former resolutione of meitting the Commissioner; seing the Supplicants were joyned togither for religione and the liberties of the countrey, and more cleirly sequestered, both by their subscriptione and publict prosessione, from all malitious ploating Papists, the profest enemies of their religione, whose bigot dispositione hath made them alwayes dispence with the loss of the countreys libertie or any thing else, so they might enjoy to be oversein in the practise of their unlawfull professione, and could not now join promiscuouslie with them and others 114 carying the name of their prosessione bot doubtfullie, having made certaine turnes to and fra Rome, and with others whose religione hath alwayes dependit on worldlie conveniencie; these being the crew pitched on [by] the Bishops, and many of them particularlie nominat, as able to bear doune the Supplicants and their lawfull desires with the numbers and power. Therfor these of best qualitie and understanding amongst them wer moved to forbear then that convoy of the Commissioner, least these sould have ascryved the greatest numbers to have bein theirs, and so have heartned the Bishops falslie to confirmatione of that number as competent to suppresse the Supplicants, and have used that meanes to induce the continuatione of sum externall force with these, and to engadge his Majestie against his loyall subjects heir; which wold have shaken the bands of true subjectione, love, and respect, and so ventured the hope of any expected peaceable conclusione. These incendiaries the Bishops, not dareing to abyd a fair, peaceable, and carefull tryell, and endeavouring to be reponed by force to their violent government, made the Supplicants forbear the lending to these even so much as the wings of report; also to show their resolutione of quitting that former custome to obey whatsoever was enjoyned by these in the greatest places, they wer now resolved in this bussines to look only to the conveniencie and good of it, yit with so much respect to the Commissioner, his persone and his place, as that tuo noblemen and sum of the gentrie wer sent from the whole to the Commissioner, to excuse their not comeing, both for the reasones forsaid and sundrie others; bot offered to attend his Grace when and wher he pleased, for receaving knowledge of his Majesteis pleasour from him. These humblie intreated he might come to Holyrudhouse, as the most convenient place both for him and their attendance on him; and because that at Dalkeith, ther was no meanes to accommodate these who wer to attend his Grace, neither their followers nor horses, offering that all sould wait upon him from thence to Edinburgh. He deferred the answer till his meiting with the Counsell; and being againe invited by the noblemen and be the Toun of Edinburgh, he resolved to come, provyding that the exceiding great numbers, who, on the report of 115 the Papist conveineing, had, sum upone advertisment, and sum voluntarlie, come ther, wer dissolved; also, that all guards sould be removed from the Castle, being pleased to call their watching so. The first was promised upone the verie nixt day efter his comeing to Holyrudhouse, which all would once stay for and desire to see; for the second, the Earle Southesk and Lord Lorne, Counsellers, and verie affectionat to his Majesteis service and peace of the countrie, interposed themselves to give all the assurance they could that no provisione for hostill invasione sould be put in the Castle dureing the tyme of the Commissioners treaty. And indeed it had bein both a break and a great stay to all fair agreance, if, dureing the tyme of the Commissioners treating to secure the subjects, any such hostill act had bein done. So all publict watching was disused that day the Commissioner come to Edinburgh and therefter, except onlie a watch keiped by the Toune of Edinburgh in the night tyme, for secureing their own Toune, according to their custome when any great numbers are in it.

The Commissioner come to Holyrudhouse on Fryday, wher he was mett by thertie of the noblemen at the end of the Sands betuixt Leith and Musselburgh, the gentrie standing all in ranks along the sea-side till verie neir the end of the Sands, being a myll and ane half long; and at the east-most end of Leith Links ther stood above 600 ministers, by whose ranks the Commissioner past. They wer ready to have delyvered a short speache. It was promised to be smooth, fair, and free of all purpose that might offend any; yit the Commissioner was unwilling to hear them in that publict way; so the same was then delayed to a more private occasione. All along the Lincks, and in the hie way to Edinburgh, even to the Cannongait port, was covered with people on both sides; and at the Cannongait port stood the Majestrats of Edinburgh, to receave and welcome the Commissionar: The numbers on horse and foot wer above 20,000.

The nixt day, many of the great numbers parted the toune, and my Lord Commissioner dismissed the Papists and their followers. Although all of them were not above 300, yit wer they ane eye-sore to the rest at that tyme, haveing no other bussines there but a seiming to appear against these 116 who were pleading for the truth. Many thousands were expected from the North, and many letters writ to have procured them, but they reached not to a hundred; which disappoynted the large promise made by the Bishop of Ross for them.

Four of the ministers went doune to the Commissioner the nixt day efter his comeing to Holyrudhouse, and delyvered to him this following short speach:

Please your Grace, Our Breithren of the Ministrie had a mynd that sum few words sould have bein spoken yisterday publictlie; and seing your Grace choysed rather to hear us in private nor in publict, this is that we say shortlie:

Wee, the Servants of the Sone of God, and preachers of that peace that passes understanding, being sensible of that fearfull wrath of God that persueth this land for our sins and the sins of the people, wherthrow our Kirk is rent through schisme, the worschip of God defylled by superstitione, and the whole people in a fyre, which is ready to consume all if it be not quenched, haveing humbled ourselves to our God as we dow, renued our Covenant with his Majestie, and made Supplicatione to our Soveraigne, do give your Grace heartie welcome, as his Majesteis Commissioner, and the messenger of the God of Heaven, by whose blessing your Grace may be a happie instrument for doeing one of the best works that can be done in this earth, for the honour of God, contentment of the King, good of our Kirk, peace and tranquilitie of our Kingdome, and joy of all the reformed Kirks in the world, as haveing power in your Graces hands to quench this fyre of divisione, and put away the causes of this combustione, purge the house of God, minister justice, and give satisfactione to grieved soules in their just supplicationes, wherby your Grace shall prove a worthie patriot, faithfull counseller, good Christan, and a compassionat member of your mother Kirk, mourning under maniefold miseries, and sall reap the fruit of a sweit remembrance in efter ages, and a wonderfull peace and strong consolatione when it comes to the breaking of the eye-strings and giving of the last gasp. For who liveth and sall not see death, when all the pleasours and honours of 117 this world sall stand in no stead? And this we and our people expect at your Graces hands, and humblie and heartilie crave it in His name who sall judge the quick and dead.

Sum of them also went to many of the Counsell, and delyvered copies of this advertisment; which wer courteouslie accepted, both by the Commissioner and Counsellers:

Please your Lordship,

Wee, the Ministers of the Gospell, conveined at this so necessar a tyme, do find ourselves bound to represent, as unto all, so in speciall to your Lordship, that comfortable experience we have of the blessing of God upone the renueing our Confessione of Faith and Covenant with him, what peace and comfort hath filled the hearts of all Gods people, what resolutiones and good beginnings of reformatione of manors are sensiblie perceived in all the parts of the kingdome, above any measure that ever we did find befor, how great glorie the Lord hath receaved therby, and what confidence we have (if this sunshyne be not ecclipsed by sum sinfull divisione and defectione) that God sall make this ane blessed kingdome, to the contentment of the Kings Majestie and joy of all his good subjects, according as God hes promised in his word, and performed to his people in former tymes; and therfor we are forced fra our hearts both to wish and intreat your Lordship to be partaker and promover of this joy and happines, by subscriptione of the same blessed Covenant when your Lordship sall find convenient; and in the meane tyme that your Lordship wold not be spareing in giveing free testimonie to the truth, as a tymeous and necessar expressione of your Lordships tender affectione to the cause of Christ, now calling for help at your hands. Your Lordships prosessione of the true religione, as it was reformed in this land, the nationall oath of this kingdome, sundrie tyme sworne and subscryved, oblisching us who now live at this tyme, the dutie of a good patriot, the office and trust of a Privie Counseller, your present employment to have place amongst these that are first acquaint with his Majesteis pleasour, the consideratione that this is the tyme of the tryell of your Lordships affectione to true religione, the respect your Lordship hath to your same both now and heirester, when things salbe recorded to posteritie, and the remembrance that not onlie the eyes of men and angells are upone your Lordships cariage, bot also that the Lord Jesus is a secret witnes now to observe, and salbe ane open judge heirester to reward and to confess everie man befor his Father that confesseth him befor men: all of these, and each of these, beside your Lordships private and particular obligatione to God, do call for no less at your Lordships hands in so great and singular necessitie; and we also do expect so much at this tyme, according as your Lordship, at the hour of death, wold be free of the terrour of God, and be refreshed with the comfortable remembrance of a word spoken in seasone for Jesus Christ, King of Kings and Lord of Lords.

The Supplicants choysed four noblemen, four barrones, four burrowes, [and] tuo ministers, to go and attend his Majesteis answer from the Commissioner; who comeing to him 12 June, did declair they expected from his Grace ane answer to their former Supplications, Complaints, Bills, and 118 Articles, the same being promised by his Majestie with his Commissioner, and wer now come to attend his pleasour. The Commissioner, by a discourse, shew furth his Majesteis pietie, justice, [and] his other vertues and personall perfectiones wherwith he was endued; his large affectione to this church and kingdome, which might make them expect a good answer, if they did not hinder it themselves by not rightlie accepting what his Majestie was gratiouslie pleased to bestow in his owne way, which wold be by a publict Declaratione. The Supplicants shew they esteemed themselves very happie of such a good king, and wished God might remove all evill informers from his Majestie; bot shew that, if his Grace did declare his Majesteis answer by Proclamatione, they would be necessitate, wher it was not satisfactorie to their Supplications, Complaints, Bills, and Articles, to make Protestatione for a gratious Answer to such other of their demands as wer not satisfied by the said Proclamatione. The Commissioner shew the busines was so weightie and important, and it was fitt for him to advyse with his Majesteis Counsell, and so desired their patience for sum few days.

The Supplicants, fearing that the Commissioner and Counsell might resolve presentlie to publish a Declaratione of his Majesteis pleasure, therfor that same efternoon they sent doune these that had gone that morneing, to express their humble desire of a Generall Assemblie and Parliament, as the best, most fitting, and onlie lawfull meanes to take order and redress all the commone grievances of the subjects. Comeing doun to the Commissioner, they told that the Supplicants did acquiesce in his answer, and sould wait his pleasure patientlie; bot thoght it necessar to remember againe that which had bein alwayes their chiefe desire, even a free Generall Assemblie and Parliament, all their other desires being subaltern to these, and all their evills was onlie to be cured by them. The Commissioner shewed they might have all these, bot behoved not to precipitate.

A Protestatione was resolved upone be the Supplicants, in caice of any Proclamatione; which being told to the Commissioner, it was very unacceptable to him, that being ane act so displeasing to his Majestie, only by misinformatione. Now, the Commissioner being myndit to intimate his 119 Majesteis pleasure by Declaratione, and yit unwilling to have it mett with a Protestatione, was desirous to meit with the Supplicants for moving their forbearance therof. They waiting on him the 13 June, did shew that they did find alwayes the greater necessitie of a Protestatione the more they thoght therof, and expressed to him such of these Reasons that had bein drawne be commone consent of the whole Supplicants as wer fitting for him to hear; and the whole wer showne and exprest to the Thesaurer, Privie Seall, and Lorne, who wer appointed to speak apart with the Supplicants efter they come out from the Commissioner. The copie of the Reasones followes:

1. A Protestatione is the most ordinarie, humble, and legall way for obviating any prejudice may redound to any legall act, and of preserving our right, permitted to the meanest subjects in the highest Courts of Assemblie and Parliament, whensoever they are not fully heard, or, being heard, are grieved by any iniquitie in the sentence; which is grounded on the law of nature and nationes, that it is the perpetuall custom of this kingdome, even upon this reasone, to protest, as it wer in favour of all persons interested, and not heard by any expresse Act salvo jure cujuslibet, even against all Acts of Parliament.

2. Our not Protesting now is a condemning that legall course used by our predecessors, both in Assemblies and Parliament, against the beginning of this defectione, and used by ourselves against former Proclamationes.

3. It is a slyding from our Testimonie, and a reall relinquishing of the cause, giving just occasione of discouragement unto all, especiallie to the weaker fort; whereas, on the contrair, experience shewed us that many were encouraged by our former Protesting.

4. It is a tasite consent, and a token of our sattisfactione with what is declared of our passing from the rest, and of our resting content with that maner of granting by Proclamatione any of our desires, and a quytting of the onlie sufficient remedies, &c.—ane Assemblie and Parliament.

5. Our Protesting together is a renueing our Confessione of Faith before God, and of our band of inviolable unione and conjunctione amongst ourselves, which we are bound by all lawfull means, and so by this, to promove and to obviate all motiones of divisione, which is mainly intendit by the offers and threats of this Proclamatione; is a dutifull forwarning the King and his Commissioner of our desires, and the lawfull remeadies therof, the benefites of granting them, and evill consequences of refusing them; is a sensible exoneratione of us before forraigne nationes; is a legall introductione of our lawfull defences cum moderamine inculpatæ tutelæ, and the most necessar preface to our subsequent Declaratione in case of extreame necessitie.

6. It is a publict thanking of the Kings Majestie for his publict favour in points granted, and is the more legall way in this great exigence, when we have declined the Counsell, and are not satisfied with the declaratione of his will from the Commissioner, to preserve our recourse and immediate addresse to his Majestie himself by new Supplicationes and Remonstrances.

The Commissioner pressed to persuade the Protestatione to be neidles; 120 that it wold so irritate the King, they wold be able to do no more good; that it were fittest to trust him and these principall officers, who wold pand their lyff for a Generall Assemblie and Parliament, if they wold not, by the Protestatione and such other wayes, hinder the same. The Commissioner shew his interest to doe for this country, haveing his fortune only here, and nothing any wher else; his dignitie was here, himselfe and children behoved to be Scotsmen, which did oblish his care of this country; that he hath ever given evidence of his love to their religione. He was answered with the eminencie and greatnes of the bussines, requireing they sould omit no thing that was neidfull in law; but for Reasones, as they had showne, the Protestatione was absolutlie necessarie. He told, his Majestie, being provoked, would undo this Nation with armies be sea and land. He was answered, ther sould be no cause given, and so it could not be expected from his Majesteis goodnes and justice. Much was said that a Protestatione was ane usuall, humble, and lawfull act; and nothing answered bot his Majesteis mistakeing of it. It was also told Thesaurer, Privie Seall, and Lorne, that to omitt a publict necessar Act upone personall promises had done evill even in their owne tymes; instanceing that the late Marquise of Hamiltone, at Parliament 1620, being the Kings Commissioner, promised that the Five Articles of Pearth sould never be pressed upon the subjects; which procured many consents then, bot was badlie performed. Nothing could content the subjects bot that the Declaratione sould containe the present indictione of a Generall Assemblie and Parliament to a certaine prefixed day; as also, that the said Declaratione sould not disapprove their lawfull proceidings, against the which they wold ever protest.

Upone the 14 June, the Proclamatione being expected, the gentrie was all about the Croce waiting the same. Bot the Commissioner was dissuadit from makeing any Proclamatione, or comeing to the Croce in persone, as he seimed once resolved, till his Majestie sould be advertised and informed rightlie of the nature of a Protestatione, that he might not take exceptiones therat.

On the 15 June, it was thoght fitt by the Supplicants to renue their 121 desires of a Generall Assemblie and Parliament be a short Supplicatione, which was answerablie drawne, of the tenour following:

Please your Grace,

Our many just grievances, presented be Supplicatione, Bill, and Articles to our Sacred Soveraigne, being remitted to your Grace, his Majesteis Commissioner, for remeading the same, hath moved us this tyme past to wait on you for the declaratione of his Majesteis pleasour. Bot we have bein continued to such tyme as your Grace sould conveine the Lords of his Majesteis Counsell, which hath made us now, efter that meiting, and upone your promise of dispatch (our present conditione not to have so dangerous by report as fearfull to behold, and consider extreamlie neidfull the same) humblie to make a new presentatione of our former desires for a frie Generall Assemblie and Parliament, as the onlie meanes that can redress the great disorders of this kirk and state, daylie growing worse be delay, and restore the puritie of Gods service, preserve the perfectione of his Majesteis obedience, establisch the peace of kirk and kingdome, and procure a great deall of respect to your Grace from us all, who are his Majesteis faithfull subjects and most humble Supplicants. And your Graces answer.

There being 12 or 14 of the Supplicants sent doune 16 June, [they] shew the Commissioner, that haveing expected ane answer of all Supplicationes, Complaints, &c. by his Grace, and haveing waited on him at his first comeing, they had bein delayed till his Graces meitting with the Counsell; and haveing now againe expected his answer sum dayes, they had resolved to present this Supplicatione to his Grace; which he receaving and reading, shew the desires therof wer sum way new to him, containeing General Assemblie and Parliament, not contained in any of the Supplications presented to his Majestie. These wer showne to be contained in the former Supplicationes, under the name of the Lawfull Judicatories of this kirk and kingdome, and expreslie mentioned in these Articles sent to his Grace, the Duke, and Earl of Morton. They wer not particularized in the first, becaus a Counsell was also a Judicatorie that might lawfullie judge in sum things complained on; bot since the Counsell had refuised their Declinatour, they had particularised these onlie as Lawfull Judicatories for redressing their grievances. The Commissioner acknowledged the King had once red over their Articles, and promised to give answer to the Supplicants within tuo dayes.

On the 17 June, they returning to get answer, the Commissioner shew he believed his Majestie intendit to grant a Generall Assemblie and Parliament; 122 bot he believed, dureing the present disturbance, it was ane unfitt tyme. The Supplicants shew, that they knew no disturbance except the men, being desirous of a Generall Assemblie and Parliament, their great earnestnes made them attend constantlie till they sould obtaine the same; and they wold never leave to meit and use all lawfull means for obtaineing them. The Commissioner objected that men wer forced to subscryve the Confessione. It was answered, men wer desired, bot they wold not admit ane unwilling, let be a forced hand. The Commissioner objected against that clause of mutuall defence contained in the Covenant. The same was cleired by the plainness of the words of the Covenant itselfe, and by the sinceritie of their purpose, who onlie intend it, first, the defence of the religione presentlie profest; nixt, of his Majesteis persone and authoritie; and lastlie, to defend each other in the defence of the said religione, and of his Majesteis persone and authoritie. His Grace was desired to propone his doubts in writ, which might be the more particularlie answered for his Majesteis sight and informatione.

Upone Wednesday, 20 June, they comeing downe expecting to receave the Commissioners doubts in writ, he proponed the rescinding of the whole Covenant, as a meane to get them all their desires, without which his Majestie wold never get them contented. They shew that was aluterlie impossible, and cleered it wold be gross perjurie in them, and so could not bot be grievous to his Majestie to have such a pack of perjured subjects; and said, they wished his Majesteis subjects in Ingland and Irland had subscryved the like Covenant; it wold be much to his Majesteis advantage, and a greater tye of their fidelitie. The Commissioner haveing many present bussines, it was thoght most fitt that he sould, at his best leasure, communicat his exceptiones at the Covenant to Hadintone, Southesk, and Lorn, who sould meet with the Supplicants, and delate the same to them, who promised to give satisfactione therto. Reasones against the rescinding of the Covenant was put in print, upone surmises that the cancelling of it wold be requyred. The Reasones being printed neids not be sett downe heir. Many of the Supplicants wer at first unwilling to give explanatione of the 123 Covenant, since nothing could be more cleer than the words of the Confessione itself, and fearing some hid[den] ends; bot did resolve to cleer the religious and loyall meaning by explanatione, seing it was thoght necessar for his Majesteis satisfactione; and, therfor, by diverse meittings, both amongst themselves and sum of them with these thrie Counsellers, did agrie upone this following explanatione be way of Supplicatione.

That wheras we, expecting from your Grace, as his Majesteis Commissioner, a gratious answer of our former Supplicationes, Complaints, and just desires, have presented to your Grace a humble Petitione, craveing a free Generall Assemblie and Parliament, as the ordinar remedie of our grievances, and the onlie meane to put this kirk and kingdome to quyetness, it pleased your Grace to shew that his Majestie, from his princelie care of this kirk and kingdome, wold be most willing to indict a free Generall Assemblie, and call a Parliament for these good ends, bot that your Grace, his Majesteis Commissioner, hath conceaved the Confessione of Faith and Covenant, lately renued by us his Majesteis subjects, to be ane unlawfull combinatione against authoritie, therby to cast off our dutifull obedience, and not a Covenant for maintaineing of true religione, of his Majesteis person and authoritie, and of the lawes and liberties of the kingdome; and we being most willing to remove that, as the main hinderance of obtaineing our desires; Ther for, and for clearing our loyaltie and vindicating of ourselves from so great imputatione, we do now, in all humilitie, remonstrate to your Grace, as his Majesteis Commissioner, and declair before God and man, that we ar heartilie grieved and sorry that any good man, bot most of all that our dread Soveraigne, sould so conceave of our doeing, and that we were, and still ar, so far from any thought of withdrawing ourselves from our dutifull subjectione and obedience to his Majesteis governement, which, by the descent and under the reigne of 107 Kings, is most cheirfullie acknowledged by us and our predecessours, that we never had nor have any intentione or desire to attempt any thing that may turn to the dishonour of God or diminutione of the Kings greatnes and authoritie; bot, on the contrair, we acknowledging our quyetnes, stabilitie, and happines, to depend upon the safetie of the Kings Majestie, as upone Gods Vicegerent sett over us for maintainance of religione and administratione of justice, have solemnlie sworne not onlie our mutuall concurrence and assistance for the cause of religione, bot also to the utmost of our power, with our meanes and lyves, to stand to the defence of our dread Soveraigne the Kings Majestie, his persone and authoritie, in the preservatione and defence of the true religione, liberties, and lawes of the kingdome; and therfor we, his Majesteis loyall subjects, free from that and all other imputationes of that kind, most humblie beseech your Grace to esteime our Confessione of Faith and Covenant to have been intendit and to be the largest testimonie of our fidelitie to God and loyaltie to our King; and that hinderance being removed, must still supplicate that your Grace wold be pleased to indict a free Generall Assemblie and Parliament, which will undoubtedlie redress our evills, and settle the peace of this kirk and kingdome, and procure that cheerfulnes of obedience which ought to be rendered to his Majestie, carrying with it the offer of our fortunes, and best endeavours for his Majesteis honour and happines, as a real testimonie of our thankfulnes and heartie prayers to God that his Majestie may long and happilie reigne over us.

124 The Confessione of Faith being subscryved the beginning of March, great exceptions wer taken at the doing therof by all the Prelats, who had ruled this church not be lawes constitute be Nationall Assemblies or Parliaments bot at their pleasour, and be sum of the Civile Governors accustomed these many yeirs past to interpose their authoritie for the actiones of these churchmen without any warrand of our law. Both wer grieved to find the course of blind obedience interrupted, and the subjects now [led] to examine and consider what they wer urged to obey, and not to render such unlimited respect as they wer wont to these that wer sett in publict places, how unfitt soever, either by their conditione or want of qualificatione. They thoght that ther was neither any particular warrand from his Majestie nor the Lords of Secret Counsell, neither from the Bishops, for renueing and subscryveing the said Confessione; and did not consider that the Supplicants wer necessitate therto when they found both the doctrine and discipline of the church changed by the Book of Canons and Service-book, and these both composed and imposed upon the liedges at the pleasour of a few of these 14 Bishops, whose lyfe, doctrine, and prosessione for sum yeirs before was consonant to the errours contained in these books. And the many Supplicationes to his Majestie against the said Books and framers therof, receaved no better satisfactione then that Proclamatione at Stirling and Edinburgh the end of February, approveing these Books as framed by his Majesteis command, revised and allowed by him as readie meanes to maintaine true religione, and beat out superstitione and idolatrie, condemning the Supplicants their lawfull proceidings in tyme past and necessar meittings in tyme comeing.

The Supplicants, seing his Majestie so abused as to be moved to approve these Books, that wer contrair to Gods truth and the forme of worship established in this land, and to questione their loyaltie to his Majestie, wer 125 forced to have recourse to that former Confessione of Faith and National Covenant of this church and kingdome, (the breach wherof was clearlie the speciall cause that had broght these ills upone them,) haveing examples in Gods word wher his people had done so upone the lyke occasione. The said Confessione was appointed by many Acts of Secret Counsell, Nationall Assemblie, and Conventione of the Estates, and was in continuall practise. It was subscryved by King James his Majestie, and his houshold; and all the subjects wer appointed by the Proclamatione to subscryve it, and these reputed wilfull contemners of God and the lawes that refuised the same. The rectors of colledges have made their schollers subscryve it ever since; and many judges and burgesses did also subscryve it at their admissione. All these ordinances standing still in force, and the practise still continued, did warrand the subscryving of it; and itselfe condemning superstitione and idolatrie, and carying a large declaratione of loyaltie to his Majestie, was the most readie warrandable publict meane to keep all his Majesteis good subjects from the intendit trap of superstitione, and to cleir their loyaltie to his Majestie, who wer utherwayes barred from access. It doeth also oblische the subscryvers to amendement of lyfe, and forbearing all these grievous sins growne commone for the want both of reproofe and correctione, becaus discipline was now so weakned in the hands both of sessiones, of paroshines, and presbitries, (the power of both being usurped by the Bishops, who wer full of indulgences, which wer attainable many wayes,) as that their voluntarie renueing of their Covenant with God seimed then, and hath proved since, the most readie meane to remead that evill, till the power of discipline sould be restored to this church.

Ther wer four speciall objections made commonlie against the subscryveing, which wer satisfied. The copie both of objections and answers efter followes.—See page 90 to 92.

The Supplicants, being now barred any further dealling with the Counsell who wold not admitt their Declinatour against the Bishops their parties bot wold have them sit as their judges, wer forced to bethink another way of addressing their Supplicationes to his Majestie, and that either by sending 126 one immediatlie to his Majestie from themselves, or be interposeing sum of the most speciall of the Scots Counsell in Ingland, to try whither his Majestie wold be better content to receave a Supplicatione from them, or be the mediatione of these Counsellers. Wherupone they writ this following letter, subscryved by a number of noblemen in name of the rest, directed to the Duke of Lennox, Marquise of Hamiltone, and Earle of Mortone, the 8 March.—See page 83.

They also sent a Supplicatione to his Majestie inclosed, with warrand to the carier delyver to the same, if his Majestie sould declair his willingnes to accept it, speciall trust being committed to the Earl of Haddintone be all the Supplicants both to see the letters delyvered, and to receave notice if his Majestie wer content to receave the Supplicatione, and answerablie to dispose of it, either be delyvering or returneing the same back inclosed and stamped as it was.

The Justice-Clerk was sent from Stirling, the 5 March, from the Counsell, with instructiones to his Majestie, shewing how they had appoynted a solemne meitting of Counsell at Stirling by commone consent; how the clergie had broken the appointment, all except the Bishop of Breichen, who also absented himselfe the last day befor their conclusiones. They shew his Majestie sum reasones of the present combustiones in the countrie, the fear of innovatione of religione, occasioned by the Service-book, Canons, and High Commissione; desired his Majestie take tryell of the subjects grievance in his owne way, and that he wold consult his Counsell, and know their mynds, be calling up sum of their number, who might be heard befor himselfe, with sum of their informers, if any wold suggest against that course the Counsell had conceaved to be best for his Majesteis service and peace of this kingdome.

About the 26 of March, the Justice-Clerk returneing, my Lords Thesaurer, Privie Seall, and Lorne was sent for be his Majestie to come to Ingland, to whom the Supplicants presented most earnest desires that they wold give his Majestie right informatione of the state of bussines, and lay the blame of all the present evills on these who trulie deserved it. Sum of the 127 Bishops wer gone to Ingland befor, as Ross, who stole away dissaguised, and Brichen followeing efter. The Chancellour and Galloway went about the end of March.

A little befor this tyme, the Supplicants, finding the necessitie of certaine necessar depursements, unfit to be borne be a few, being for the commone use, had resolved, that in ilk shire six or eight might try the benevolence of everie one who wold willinglie contribute to that publict bussines, requireing them to press none, but restraine these who wer inclyned to exceid a doller for 1000 merk of free rent at most; which course was far from the presumptione of laying taxes on the subjects, as their adversaries reported.

At that tyme, upone the earnest desire of sum from the North, the Earle of Southerland, Lord Lovate, and Maister of Beridale, Laird of Innes, with some ministers and lawyers, wer desired [to try] who in Ross, Murray, and about Innernes, wold subscryve the Confessione. These, with the Lord Rae, employed their paines so successfullie, as the greatest part of all sorts benorth Spey subscryved the same most willinglie.

About the 16 of Apryll, ane answer of the Letters written to the Duke, Marquise, and Earl of Mortone, was returned, with the Supplicatione to his Majestie, still stamped and never sturred. It was desired to be first sein before the presenting of it to his Majestie; which being denyed, because of the Supplicants directione of keiping it up, except it had bein absolutlie receaved by his Majestie, and of presenting in cace it had bein desired, they advoweing it humble and respectfull as becometh, and that upon their perrills. The letter was answered by three severallie, from the Duke to Rothes, from the Marquise to Montrose, from Morton to Cassles, all of the tenour following.—See page 98.

The Supplicants, conceaving by these letters that his Majestie had no mynd to receave Supplicationes, except the mater and forme wer prescryved, and had found befor be the Statesmen that all complaints against Bishops behoved to be removed befor it could give content; finding also that they had disjoyned the answer of their letter, to learn them the way of disjoyneing their Supplicationes, so much dealt for be the Statesmen, 128 resolved to returne ane answer be another letter, subscryved be Rothes, Montrose, and Cassles in name and at the directione of the rest, the tenour wherof followes.—See page 99.

And because these Noblemen in their letters shew his Majestie wold yit further declare himself, the Supplicants thoght it fitt to send sum informatione to the Lords to be showne to his Majestie, under the name of Articles for the present Peace of the Kirk and Kingdome of Scotland, that so his Majestie, knowing their just desires and reasones therof, might accommodate his gratious resolutiones and declarationes therto. The tenour of these Articles followes.—See page 96.

At a former frequent meiting, the Supplicants, haveing together gravelie considered all their grievances, had agreed on eight Articles, which they thoght was the least that could be requyred for settling a solid peace in this church and kingdome. These sent now to Ingland wer drawne out of them in smoother expressiones, bot much about one tenour. The Letter and Articles wer sent together about the beginning of May. The answer was returned be word, and sum letters from private freinds, shewing that his Majestie had alreadie shewed his mynd to the Marquise of Hamiltone, whom his Majestie had appointed to be his Commissioner in setling peaceablie the grievances of the kingdome of Scotland.

After the Bishops wer declined, the Supplicants could in no case acknowledge them their judges till they were tried befor the judge competent for the crimes laid to their charge; which made the Supplicants, for the supplie of the present necessitie of sum churches, to crave ordinatione from the Presbitries, (within the bounds wherof churches lay,) and the Presbitries to give ordinatione to the persones for whom they wer petitioned by particular congregations, having tried them and found them qualified. And heirin they proceidit advysedlie, and upon verrie good grounds; for it is so cleer, by the Word of God, that the power of ordinatione belongs to the Presbitrie, that it is not onlie acknowledged by the founded Divynes of the reformed churches abroad, and the Generall Assemblies of this church at home; bot also it is declared by the King and Three Estates, Act 114, 129 Parl. 12, K. James VI. 1592, That the collatione of ministers by the speciall warrand of Gods Word is given to the speciall office-bearers in the kirk of God. This divyne right, acknowledged by the Acts of kirk and kingdome, as it sould not be taken away by any humane power, so it hath not bein taken away directlie by any Act of Parliament whatsomever since that time. As for Act 1, Parl. 21, James VI. 1612, ther is no positive clause therin conferring the power of ordinatione on Bishops, nor privative clause taking away from Presbitries their divyne right of ordinatione and collatione of ministers; bot all the clauses therof are conceaved and exprest anent presentatione to benefices, and admissione of benefices; nothing there of ordinatione, admissione to, or collatione of, the office or functione of the ministrie as belonging to Bishops. Moreover, this Act is groundit upon ane remitt made (Act 231, Parl. 15, James VI. 1597,) to the Kings advyseing and agreement with a Generall Assemblie anent the spirituall policie of ministers provydit be Bishopricks, wherin there is expresse provisione that this sall not be in prejudice of the jurisdictione and discipline of the church, permitted by Act of Parliament, in any time befor, to all Generall and Provinciall Assemblies, Presbitries, and Kirk-sessions. And it is certaine that the power of ordinatione is declared by divyne right to belong to the Presbitrie in Parl. 12, Act 114, James VI. 1592; therfor, this act referring to that remit doth not prejudge the Presbitrie of their divyne right of the collatione of ministers.

That which sould follow immediatlie efter this begines upon the 112 page, at the words In the end of May, and goes on till ye come to the 116 page, at the words made by the Bishop of Rois for them.

The Supplicants resolved not to meit the Marquise, for the Reasons following drawne up by Mr. Archibald Johnestone and Mr. David Calderwood, and approven by common consent: 130

Such Noblemen as are not joyned in Covenant with us, whether they favour our cause or not, are not to be attendit at this tyme.

Papists, becaus they are adversaries to the true religione, and lye in wait continuallie for the overthrow of our reformed kirk when they can find opportunitie, in other causes they wold not concurr, but divyde, as particularities sall move them. The chiefe incendiaries, our pretendit Prelats, have dealt with evrie one particularlie, and have induced them to their assistance, no doubt upone assurance either of toleratione to them and their adherents, or rather, which is more probable, that their owne course tendeth to the reduceing of their religione. They themselves bragg that they are able to make a great partie; and who can think otherwayes, when they sall see them have so many followers? Sum of them alreadie are entrusted with keiping one of the greatest strengths within the countrey; some of their fathers have been forfaulted for conspyreing to bring in the Spaniard upone us. They have been cairfull of late to provyde great store of armes. Our Statesmen have alreadie declaired themselves partie by their proceidings in Counsell, and publict Proclamationes at Mercat croces, and at this present hath warned so many as they hope to command or persuade to attend upone them.

The Kings Commissioner hath sent a great number of missives, requireing attendance at this solemne tyme, which he did not before; and wold not have done now for avoyding of jealousie and suspitione of popularitie, if he had not had directione for countenanceing of his commissione, and striking of terrour in the hearts of suche as have covenanted for the defence of religione and redress of abuses in the kirk.

Others that lye as neutralls sould not be attendit till they declair themselves. Such as perhaps favour the cause, but have not joyned with the subscryvers, sould not be followed till they joyne in actione als weill as in affectione; and if they favour, they will be content not to be followed.

If the Commissioner, Statesmen, Papists, neutralls salbe attendit at this tyme by such as have Covenanted or favour the cause, may not the Prelats glorie in their misinformatione, that the Covenanters and such as favour their cause are scarse a considerable part of the subjects within the kingdome? Shall not the Commissioner, Statesmen, and Prelats be heartned to go forward in their course? Shall not the people be discouraged, when, in such a confusione and mixture of attendance, they cannot discerne whither the number of the Supplicants and Covenanters be smaller or greater then of these who stand out, or are opposite, whither it be the bodie of the countrie, sum few Papists and atheists excepted, that have joyned together in Covenant or Supplicationes, or not?

Bot are we not bound to attend upone our friends, will some say? I answer, Not at this tyme, seeing their attendance is so prejudiciall to the cause. Our band to the cause is farr to be preferred before any civile or naturall tye to any Noblemen whatsomever.

But yitt ye will perhaps alleadge, We may attend on the Kings Commissioner till it be sein what is his aime. I answer, In all doubtfull cases, we sould take the surest course. We sould rather forbear till we see a happie conclusione. There is no danger to the cause in forbearing; there is danger in attending: for so men expose themselves to tentations, by allurements or persuasiones on the one side, [or terrors or minassings on the other side; nixt minassings,] their forbearance afterwards will be more offensive, either to him or to any other, then at the first, and be better accepted if they be sufficientlie informed upon what grounds.

To be short: If he or any other favour the cause, they will be content of forbearance, that 131 they may be exonered, haveing done all the service they can; if not, they are not worthie of attendance, but to be holden as partie. Sum of them protested their owne domestics wold not countenance them in a course against this cause; and sall they now have such numbers to attend them? We have promised, in the Covenant, that we sall not cast in any lett or impediment that may stay or hinder any such resolutione as by commone consent sall be found to conduce for so good ends, to witt, that we sall neither directlie nor indirectlie suffer ourselves to be divydit. This attendance, therfor, cannot be given without commone consent and resolutione.

The furnishing of Dalkeith with munitione, &c. and rumours continuallie running of guards of Musselbrugh and Fisherraw men, and from the South, of preparing the draw-bridge of Dalkeith for drawing up and letting downe, made them resolve not to go furth to Dalkeith, and desire the Toune of Edinburgh to make the toune sure for them, since Dalkeith was fortifieing on the other side. The Toune Counsell took it to advysement, and sent their Commissioner to the Noblemen, Robert Fleeming, balzie, who related, That the toune was divydit in eight parts; that there was a companie in everie part, and tuo companies beside, made up of the young men in everie part; and that they had resolved ilk night one companie sould be on the watch, together with the young men of that part, which in all wold draw neir 300 men. Of the gentrie, 20 watched day and night at the Castle gate, and 80 at the West Port for keiping the posterne.

Upone Fryday, 1 June, at night, my Lord Lyndsay and Mr. Borthwick wer directed to go furth and meet the Marquise, and make excuse for the Supplicants that they wer not to come and meit him; that the course the Supplicants took in resolveing not to meit him was fairest for his credit, however things succeidit. If all wer settled, it wold take the deiper impressione in the Kings heart of his dilligence and dexterousnes in compassing a busines that seimed so difficult in the verrie entrie; if otherwayes, he might have the greater ground of cleiring himself. They mett with him at Berwick, and returned to Edinburgh the 4th of June. They earnestlie desired the haill Supplicants to change their resolution, and meit the Marquise. It was debated amongst the Noblemen, and thoght inconvenient by the most for the former reasons; and even by these, who, if the busines had been inteir, wold have condiscendit. It was thoght unfitt, becaus the change of 132 their former resolutione wold weaken the willingnes of people to follow the determinationes made by commone consent, wherupon dependit their obedience, and not upon any authoritie the Supplicants had over them. It was considered, therfor, what was nixt to be done; and resolved, that my Lords Lindsay, Loudone, and six barrones, viz. Auldbarr, Wauchton, Shereffe of Tiviotdale, Sir Patrick Hamiltone of Little Prestone, Lamintone, and Robert Hamiltone, sould ride out the nixt day; the lords everie one with ten in companie, and the barons with everie one tuo; that these sould make excuse for the whole, according to the reasons before sett doun. It was long agitate amongst the Noblemen, whither they sould go furth to Dalkeith to the Marquise, seeing the Castle ther was furnished with munitione, &c.; and the goeing was concludit amongst them. Yit the gentrie wold not upone any tearmes yield that the nobleman sould go to a place suspect; therfor it was resolved, that the Noblemen direct to the Marquise sould desire his incomeing to Holyrudhouse, and to apologise their not comeing to meit him, according to the reasons.

And for receaving his Lordships direction anent his Majesteis pleasour, the noblemen and gentlemen to whom his Lordship had written, and all the rest of that number in Edinburgh that are Supplicants, will attend his Lordship wher he pleaseth in any place convenient; and if he propone Dalkeith, to declare the fears conceaved upone the provisiones of pouder and such other ammunitione carried to Dalkeith; and therfor that his Lordship wold be pleased to make choise of sum other pairt. And if his Lordship wold be so favourable as to come to Halyrudhouse, being the most convenient place, and wher he might be attendit with greatest ease and frequencie, the whole Noblemen and others wold come to Dalkeith and at tend him; for by all appearance, if his Lordship sould stay at Dalkeith, as it wold be incommodious for the Petitioners, so wold it make the bussines fashious and longsome; since everie motione fra his Lordship will require them to go to Edinburgh, because they did all matters by commone consent; and it wold be hurtfull to the cornes, they wanting stabling and all meanes of refreshment, either for them or horse.

133 Patrick Wood had been desired by the Noblemen to come unto them; they had posed him concerneing Lightones ship. He had confessed, that, at the Thesaurers desire he had hired a ship for his use, but knew not that ther was any amunitione to be put into it; which was secondit by the skipper, who affirmed it was put in at        by Sir John Pennitone, Vice-Admirall, eight dayes efter Patrick Woods parting from Loudon. He had confessed that ther was pouder and musket in that ship when she was in Leith Road, bot believed it had been for the Thesaurers own use; that the Thesaurer alledgeing the danger least the nobilitie and gentrie sould seize theron by violence, and so wrong their owne cause, exasperate the King and affront him, and difficultie of bringing them ashore at Leith, had desired him to fraught a boat therwith to Fisherraw; which he had done. The report of Patrick Woods haveing a hand in the cariage of that ship bussines did so commove peoples mynds, that he durst not come abroad out of the house, and provocked some of his creditors to charge him for payment of many and great sowmes, wherby he was in danger to be broken; therfor, the Earl of Rothes, knowing the Earl of Haddintons interest in him, and ingadgements with him, his courteous dealling towards himselfe, and his ingenuous dispositione towards all, upone the forsaid 4th of June, spoke the said Patrick, who professed, whensoever Rothes sould require, he sould be content to declair befor the Noblemen that he wold employ whatsoever he was worth in the service of the Supplicants, for the advancement of the commone cause; that he wold never therefter ware a penny in that kind for any Statesmans pleasure, without their knowledge and consent, and wold crave the Noblemen and gentlemen pardone for what had escaped him alreadie to their offence.

Upone Tuysday, 5th June, it was concludit that tuo of the gentrie goe down to Leith with sum of the burrowes, and require of the owners the provisione that are come in the ship pertaineing to Robert Langlands, who have got the same, and what is yit extant. The answer of the skipper and saillers made the mater the more suspect, they were so different among themselves, and sum of them evidentlie false; as that they had delyvered 134 sum muskets to one of the Earl of Rothes' gentlemen, &c. They desired the toune of Leith to keip watch by turnes, three or four at once, and take notice of all the ships that come into the Road or harborie, what loadening they have; and if any pouder, armes, and other ammunitione, the watches to impart the same to the Noblemen and Commissioners that are in toune.

It was motioned, that the Lords of Sessione might be tryed with subscriptione of the Confessione; which was continued till the nixt day that they wer privatelie tryed. And because they heard of a purpose to transport the Sword, Scepter, and Crowne to the Castle, and to bring with it sum pouder, musket, and match, it was resolved, the gentrie sould appoint tuo of their number to attend at the Netherbow; and, finding any such ammunitione, to give warning to the noblemen and gentlemen in toun, that they might give all respect to the Crowne, &c. and stay the pouder and ammunitione.

It was thought fitt, that the Commissioner sould be entreated, that whither the Supplicants waited on his Lordship at Halyrudhouse or Dalkeith, he wold be pleased command all the Papists to their own homes, for eschewing all occasione of mischiefe betuixt them and the Supplicants, they haveing, by their insolencie committed on sum of the Supplicants, provocked them justlie.

The burrowes of ilk shire wer appoynted to joyne with the gentlemen of that shire in watching nightlie about the Castle, bot befoir the same was performed the watch was broken up. That same day the Noblemen directed to the Marquise returned, and reported that the Marquise was much offendit that they had not mett him; that they had not wronged him as a nobleman, for he could easilie borne with it from the least of them all, bot as Commissioner fra the King, to whom they owed a greater respect; that they had made ane apologie, according to their instructiones, and had affirmed, if his Lordship wold be pleased to come to Halyrudhouse, they sould meit him, and give him sufficient testimonie of their respect to him; that he had answered, since they had cut off the way of communicating with 135 them the directiones he had from his Majestie, he knew not what to doe nixt, till he spoke with the Counsell and advyse with them the nixt day.

Upon Wednesday, 6 June, it was thought fitt, that the Commissioners of Edinburgh sould go furth to the Marquise, and represent the humble service of the burgh, and their griefe to find him absent from that place, wher they might wait convenientlie on his Lordship; humblie to entreat his Lordship to resolve his comeing hither, seing it is earnestlie desired by the Noblemen and gentrie as the only meane to make a speedie and successfull dispatch; and if he expostulate with them anent his Majesteis discontent at their proceidings, to answer in generall, that if they have given any discontent, it hath bein farr from their resolutione, and they ar hopefull that his Lordship sall receive sattisfactione from the Toun Counsell, to whom only pertaines the doeing therof, and ar confident, that both for the time past, and for the time comeing, they sall give his Lordship contentment.

For keiping of order, it was appoynted that we sall continuallie choyse one of our number to be President; that all motiones salbe first proponed and tabled befoir any be handled; that no motione salbe proponed by any, nor answer given to any motione, without the proponer and answerer crave and obtaine leave of the President, and that to eschew the speaking of many at once.

General Leslie, on the 5 June, haveing waited on the Commissioner from Ledintone to Dalkeith, was earnestlie intreated by him to desire the Earl of Rothes to come out to Dalkeith, that he might speak privatlie with him the nixt day. Rothes did communicate the same to the rest on Wedinsday, and was sumwhat unwilling of himselfe to goe; bot was prest by the commone consent of the Table to obey the Commissioners desire; and was required to crave ane answer of that demand was made the preceiding day by Lindsay and Loudone anent the Commissioners comeing to Halyrudhouse. Rothes comeing to Dalkeith, waited till the Commissioner rose from Counsell. The Counsellers hearing of Rothes his comeing, sum of them were affrayed that he had broght with him ane copie of the Confessione of Faith, with a desire to them to subscryve it, wherof they had been informed. The 136 Commissioner comeing from the Counsell with the Counsellers, took Rothes by the hand in his dining-room at Dalkeith, wher the Bishop of St. Andrewes goeing before, and all the rest of the Counsellers followeing, approached towards Rothes, who past hard by him, and wold not take him by the hand befor all the companie. Within a little while, Rothes was called in to the bed-chamber by the Justice-Clerk, and the doore being closed, he alone stayed ther with the Commissioner for the space of two hours befor any come at them. My Lord Commissioner told how unwilling he was to undergo this bussines, and did eschew so long as he could; that he did now repent he had taken it upone him, wishing God he had losed his lyfe when he undertook it, rather then he sould not be able to do sum good in it; and shew, he had never taken so much paines upone any thing, nor wished any thing so weill, yea, valued it more then all he had in the world, or could expect; [and] how much it concerned him to endeavour the libertie of religione, which he so much valued, and of this natione, haveing all his estate here, and nothing in Ingland, saveing a house and few aikers of ground, which he had purchased immediatlie befor his way-coming for keiping of his children, which, being young, were not able yet to be transported; spoke much to the commendatione of Rothes, as being much wiser and discreeter then any of the rest, and one who had given evident proof of his temperate dispositione in the cariage of this bussines, and who had great power with the rest of the Nobilitie, &c; besoght that they might be temperate, and not crave these things which the King could not in honour grant. He believed he had [granted that] which might justlie give satisfactione; which accepted, might establishe religione, and make us the most glorious natione under heaven for such ane Act. But if we sould be so foolish, because we had now gotten together a number of our opinione, as to think to give lawes to the King, we sould find ourselves deceaved: for wher now our cause was pitied, as people who suffered, and who wer seiking bot to be repaired; if we sould require the King to doe that which is against standing lawes, and, as it were, force him to do against his mynd, and to the prejudice of his honour, our dealling wold be made known to the world. And 137 wher Ingland now pitieth us, thinking we get wrong, as he believeth, few or none wold rise with the King, if he wer to come and force us; so, if they shall understand what injurie he receaveth, none wold refuse to accompanie him, and he wold come in person, with 40,000 out of Ingland, besides his forces by sea and out of Irland, to force us to our dutie; so sould we be the most miserable natione in the world; and if this come to pass, he doubted if ever he sall see peace in this kingdome againe. Rothes answered, For his abilitie, he knew none in his opinione of so good affectione, nor that had more trust; so that if he wer not able to do good in this bussines, he knew not how ever any good sould be done in it; and he hoped his Lordships love to religione and interest in the kingdome wold mak him carefull for the libertie of both: for his own part, he acknowledged his own weaknes and how farr short he was of these abilities his Lordship conceaved to be in him; and for his power with the rest, his former moderatione had much abridged it, none being able to intertain power with them who spoke not to their mynds; and that they conceaved him to be trustfull and too moderate; that he had a firme resolutione to goe als farr in giveing his Majestie content as could be without prejudice to the bussines; but he behoved to pardone him, for a world wold not move him to do any thing to prejudice the same. The Commissioner said, Neither wold he desire him; for he wold not walk in the way of many, to seduce, divyde, or offer moneyes. Rothes replyed, For him a groat and the kingdome of Irland wer alyke in that mater; that he neidit not neither to use threatnings, for he believed that conscience would move them give all contentment to the Kings Majestie which they oght, and that the sense of dutie wold oblish men more then any other respect. The highest of their desires was to have religione so established, as men might not alter it at their pleasure heirefter as they had done heirtofoir, and to enjoy the libertie of the lawes of the kingdome; and if either of these was not obtained, they wold not be affrayed with the terrour of threatnings; that they hoped his Majestie wold not take such courses, and that they wold not suffer him, who had credit with him, and were intrusted by him; that they sould offer that which was reasonable, and so not 138 spoil their cause and case still to be pitied; that if his Majestie sould raise Ingland against them they wold be forced to manifest to them and all the world how great injuries they had receaved, and how much it concerned themselves to be freed of that heavie yoak of bondage which lay upon their own kirks, and use all means for their liberatione, being thus oppressed. The Commissioner replyed, That wold deceave us. He told how they had calumniate him to his Majestie, and had affirmed he had bein alreadie taxed of treasone against his Majestie, and when that was suppressed, that he had now gotten himself in a commissione to Scotland, upon a mynd to be made King ther; or if they affected a frie state, like that of Holland, to be made their Generall, as the Prince of Orange of the Hollanders; that his Majestie, out of his goodnes, did not believe it, and he protested he was so much bound to his Majestie as ever one man could be to another, for raiseing his fortunes and not believeing the calumnies; that he had raised his affectione towards him to the highest degree. He spoke also much to the commendatione of the Kings goodnes. Rothes said, He beleived weill the goodnes of his nature, bot was sorie he sould be so unhappie by ill advyce; that he prayed more heartilie for him then for his own wife and bairns; bot he was beginning to remitt a little of that height of perfectione, becaus he could not find the frute of his prayers; and yitt, he said, he believed he loved him better then any man else. He told the Commissioner, as his particular friend and servant, that he sould not by any sudden and brusk dealling make the people repute him the author of their evills, and so draw upon himselfe their irrecoverable hatred, which wold have come to pass if, upone their refuisall to meit him, he had gone away to Hamiltone, or still refuised to come to Edinburgh; that it wer absolutelie best to come to Edinburgh as he was desired, and give them a peaceable hearing; and if, by the warrand he had receaved, he could not give contentment, to crave new warrands; and if he perceaved he could not satisfie by the warrands he receaved, to pairt with a regraite of his misfortune that he could not doe the good he wished in so weightie a bussines; and if his Majestie sould therefter employ against them the instruments of crueltie, that he wold be none of them. So might 139 he preserve the peoples affectione, and they might take their hazard. The Commissioner answered, That his warrand fra the King had a full directione for that his Majestie wold grant, which he sould freelie declair; and that he durst not for his head send up for any further directione. He told, that 60 shipps were readie to make saill hitherwards upon his advertisment. Rothes answered, If any such course wer taken when they offered to obey reasone, they behoved to lay hold on these that wer heir, and, if he wer accessorie to it, he had done with seing Hamiltone. This being spoken with laughing on both sides, Rothes desired to know what he had resolved concerneing his comeing to Edinburgh. The Commissioner answered, That he durst not for his lyfe come so long as the Kings house was guardit. Wherupon Rothes cleired the mater, by shewing the occasione, a suspitione upone the bringing in of pouder, &c. The Commissioner desired the guards to be removed, and gave sufficient satisfactione, by declaiming upon oath ther sould no munitione be entered in the Castle dureing the tyme of his treatie. Rothes said, That could satisfie himselfe, and he thought it wold satisfie others, if he wold make the lyke declaratione to them. The Commissioner answered, He wold not, neither durst he for his lyfe, being such a persone, give a publict assurance, and so seim to capitulat with the subjects for the Kings owne house. Rothes said, He behoved, 1. Either to give the lyke declaratione to sum others of their number in private; 2, Or else professe publictlie that he wold not carie in any victualls or ammunitione to the Castle in a surreptitious way; bot when he was pleased or thoght convenient to carie in any of these, he wold call for six of the chiefe of the Nobilitie among the Supplicants, and the Toun of Edinburgh, and make them the cariers and convoyers of it; 3. Or else he might give sum assurance to Haddintone, Southeske, and Lorne, who might, as of themselves, deall with the Noblemen, and professe they were so confident of his ingenuous and noble dispositione, that they wold bind themselves in any kind that dureing the treatie nothing sould be caried in to the Castle. Lindsay was called in at the end of this discourse, and heard this last proponed; for the Commissioner wold have none called in, professing, if any thing escaped him of freedome of 140 discourse, witnes might prove; bot he being with one man, he might deny; and thoght himself good enough for any one if it come to contradictione. So takeing leave of the Commissioner, they returned to Edinburgh.

Montrose president. Nixt morneing, being the 7 June, Rothes reported to the Noblemen that the Commissioner stayed at the guards, and beleived sum noblemen Counsellers wold come in to deall with them theranent. Accordinglie, the Earl of Haddintone, Southesk, and Lord Lorne come in and sent for Rothes and any other. Wherupone Eglintone and Loudone wer sent with him. They voluntarie offered themselves pledges upone assurance of the Commissioners honest and noble dispositione, (thogh they professed they had not his word for it,) that the Castle sould not be provydit dureing his dealling with them; and if conditione were broken, that they sould come in to their partie and subscryve the Covenant; and it sould be accompted such a breach as sould for ever efter excuse them to distrust; adding further, that the Supplicants might keip a private watch, without shew of armes.

Rothes, Eglintone, and Loudone returneing to the Nobilitie, these conditiones contented them, and wer sent by these three that afternoone to the Commissioners of shires, and condiscendit by all the 21 shires; onlie Fyffe, Air, and           requested they might have the libertie to report it to the rest of their number: bot thogh they had bein refractorie, it was thoght condiscendit by the barrones, since it was concludit by the farr greatest part of their Commissioners. These three went also to the burrowes, who all of them yeildit. Wherupone order was given for breaking the publict guard, and eight were appoynted to stay in a house at the West Port, and tuo of them by towres to walk still betuixt the West Port and the West Kirk, without other weapones than swords about, which was a way unsuspect.

Haveing thus concludit with the Noblemen, they resolved their journey to meit the Commissioner; and to that effect, that all the Noblemen sould meit at 12 hours the nixt day at Dame Gallowayes; and they, with all others that had horses, sould loup on at the foote of the Cannogait, and attend the Commissioners comeing to the Long Sands: that they who wanted horses sould be ordered as followes, betuixt Halyrudhouse and the 141 east end of the Links, the ministers sould stand outmost, the gentrie nixt, the burrowes after them, and the burgh of Edinburgh nerrest their owne toune. One of the ministers, Mr. William Livingstone of Lanark, was appoynted to delyver a speach to him as he first entered within the ranks of the ministers; and Sir George Cuninghame was appoynted to put the people in order.

That night, my Lord Haddintone returned late from the Commissioner, whom he had acquainted with the conclusione was made for dischargeing the guards, and shew the Commissioner was offendit at the conditiones, and wold rather come in without any dischargeing of the guards, then that he and the other two Noblemen sould be ingadged on these tearmes; and therfor desired the treatie might be dissolved at meiting. The nixt day, the 8 June, the treatie anent the guard was spoken off, efter that Rothes, Eglintone, and Loudone had met with Haddintone, Southesk, and Lorne, and they returned to their guard; and for the setling therof, appointed a committie of noblemen, Eglintone, Montrose, Weymes, Lothiane, Yester, Balmerinoche; barrones, Sir Patrick McGie, James Lyndesay of Belstane, Browne-hill, and Lawers; burrowes, John Smith, John Fletcher provost of Dundie, Thomas Bruce provest of Sterline, and Mr. Robert Barclay provest of Irvine.

This private passage of the 9 June sould have bein put in immediatlie efter the publict, on the 117 page, efter "The Commissioner and Counsellers." Upon Setterday, the 9 June, Eglintone was president. The rest of the burrowes besides Edinburgh, who had saluted the Commissioner alreadie, desired leave to go and salute my Lord Marquise, only promising to welcome him, and expresse their expectatione of a good conclusione by his Lordships favour, and offer their service. Obtaineing leave, they performed answerablie to their resolutione. Mr. Borthuick motioned from the Marquise, that he was to write to the King, and shew that guarding was discharged, and multitudes here to prevent the misinformatione his Majestie might receive from others. It was answered, All ar to depart the toune, except sum Commissioners and Assessors, provyding all who ar not subscryvers sall dismisse their followers that ar more than the ordinarie household servants; and for guards, they salbe forborne, as they have bein these 142 tuo lad nights; and this forbearance of publict guards was yeildit upon assurance given by Southesk and Lorne.

Balmerinoch was sent down to the Commissioners of Barrones, to desire them stand to the conclusione that the Committie sould make anent the private way of attending and watching the Castle, that the Commissioners might disolve their multitudes, and take course that ther might alse many Commissioners remaine and Assessors as to make out 600 men; and the Provest of Irwine was desired to entreat the burrowes appoint alse many Commissioners and Assessors as to make up a competent and answerable number to these the gentrie were to provyde.

The Commissioners of burrowes used dilligence, and chosed about 80 Commissioners, beside Edinburgh, with provisione, if these be found over few, to double their number, and upone any great occasione all their wholl numbers, to be readie.

That the Commissioners of Barrones be appoynted to attend, and that none break their dyets assigned; and if any appoynted be not able throw necessarie adoe to come, they sall furnishe another in their place; and to advyse the Barrones that with a generall consent the contraveiners penaltie be 100 lib. It was required be the Commissioners of the gentrie, that none of their number sall sitt with the Noblemen except such as are appointed by the Commissioners of Barrones; and it was thoght fitt that the gentrie sould have six Commissioners, wherof four sall be of the ordinarie Commissioners, and tuo Assessors, to joyne with the Noblemen, and these to be chosen daylie; also that one of the Commissioners that are chosen from the shires beyond Spey sall fitt alwayes with the Noblemen.

It being considered how they sould now proceid with the Commissioner; it was determined, that haveing given in the Supplicationes to the Counsell, and done all that becomes them that way, and being barred from any further dealling with them, for their not admitting their Declinatour and forceing their Protestatione, they had made their nixt recourse to his Majesteis selfe, and had interposed the Duke, Marquise, and Earl of Mortone as mediators; that being advertised they wer to receive the answer and 143 redresse by my Lord Marquise, his Majesteis Commissioner. They wer now awaiting the significatione of he Commissioner this pleasour, and if their owne opinione be demanded, or if the Commissioner prease to take a way prejudiciall to them, then to declare, that as a Generall Assemblie and Parliament wer the most speciall of their Articles and demands sent up to the Duke, Marquise, and Morton, so was it the only right meane to redresse their complaints, and the only judicature that had interest to judge of them. Mr. William Livingstone, accompanied with Mr. Alexander Hendersone, Mr. Andro Ramsay, and Mr. Andro Blackball, delivered the speach privatlie to the Commissioner, at Halyrudhouse, which was purposed for his publict welcome. Messrs. Andro Ramsay and Thomas Abernethie delyvered copies of for-mentioned advertisment to the Noblemen Counsellers that wer in toune.

That which sould immediatlie follow this begines upon the 117 page, at the words, The Supplicants, and ends upon the 121 page, at the words, within two days.

Upone Monday, 11 June, Loudone presided. Barrones nominate for the Commissioners of barrones, Auldbarr, Kerr, Lagg, Durie. Not Commissioners, Cambo, Fentrie for that day. If the quiteing or altering of the Covenant be proponed to any, it was resolved they sould answer, The Covenant is either allowable or just, or not. If allowable, why sould they alter it? If not, let objections be made, and they sall defend what they have done by good reasone, and before the judge competent. The choseing of such as are to think on thir reasons are remitted to Rothes and Loudone privatlie to advertise them.

June 12, Cassles president. Ther was chosen to receave the Commissioner his commandements, who had given advertisment that sum of the Nobilitie, gentrie, and uthers sould attend him by 9 hours, Rothes, Montrose, Weymes, Loudone; of the gentrie, Auldbarr, Shereff of Tiviotdale, Keir, and Balvaird; of the burrowes, John Smyth, Mr. Robert Barclay, Provests 144 of Dundie and Stirline, and Mr. Alexander Hendersone, minister. These went down at the tyme appoynted. The Commissioners discourse did suggest how happie we might make ourselves if we wold be moderate, look to what was our owne good, and not follow humour; and how miserable we would be if we sould neglect and not take hold of his Majesteis favours that wold be offered at this tyme. He shew that his Majestie was endued with many personall goods; and for his pietie, was four tymes everie day on his knees to his God, and eight tymes upone the day of his communione; that tuo dayes before his Sacrament he medled not with any worldlie affairs. Heir they fell upone the Service-book, and the mesour of Inglands reformatione; and Rothes, Loudone, and Mr. Alexander Hendersone proved it was verrie farr inferiour to the reformatione of Scotland. And this discourse continued for a while. To these that went doune at efternoone, the Commissioner shewed they behoved to go on sum way of trust; and if they had mistakeings and fears of him, the bussines wer at one end, they could do no good. He said it was pitifull to see such mistrust. Was he not a Scotsman of the best qualitie? Had he not all his estate and honour in Scotland? Had he not poor young children to succeid therto, which might bind him alse much as any to be cairfull for the countries libertie? And for his religione, he thanks God he had alse tender a conscience as any of them. He seemed to think that nothing could content the Supplicants but a Generall Assemblie and Parliament; that these were their onlie desires, and that they could not be pleased any other way; and that they myndit to force him to it by not heiring nor admitting any uther way; which Rothes understood efterwards by a discourse with Roxburgh. When the Supplicants put him to it, he assured them they sould have a Generall Assemblie and Parliament, provyding they wold not irritate his Majestie by their cariage and behaviour in this bussines, and that in his Majesteis owne tyme.

Earl of Rothes meitting with Roxburgh at my Lady Marshalls house seemed to think their desire of a Generall Assemblie and Parliament was ane absolute and peremptorie way, if they wold admit no way else that wer prescryved by his Majestie, which Rothes cleired. Nixt, Rothes telling him 145 of the necessitie of a Protestatione if the Commissioner made a Proclamatione, they concludit, as the most convenient way, that the Commissioner shuld send for sum of the Supplicants, wher they might shew the necessitie of a Protestatione, except the Commissioner wold assure sum other certain way wherby the rest of their desires, contained in their Petitiones, Articles, &c. which wer not sattisfied by the Proclamatione, might be also heard and sattisfied; which they thoght alse good as a Protestatione. Roxburgh promised to suggest the same to the Commissioner. Rothes also met with Lautherdaile that night, who, regraiting the way of a Protestatione [and] Rothes relating to him that conclusione, thoght it verrie convenient there.

The 13 June, Loudone president. Commissioners for barrones, Charles Erskine, Lammintone, Preston younger, Brounhill; for burrowes, Dundie, Irvin, and Culross. Ther was that morneing a report of a divisione; that sum of the gentrie, especiallie of Fyfe and Aire, wold dissassent from the Protestatione; which being tryed, was found false, and that they all stood extreamlie firmlie to it.

To wait upone the Commissioner wer appointed the four Noblemen forsaid, with barrones, Shireff of Tiviotdale and Keir; burrowes, John Smith, Mr. Robert Barclay, the Clerk of Dundie; ministers, Mr. Alexander Hendersone, Andro Cant. At their down-comeing, Rothes told the Commissioner that they had showne his Grace the day preceding the necessitie of a Protestatione, if his Majestie sould declair his will in a publict way; that haveing againe advysed the same, they found it still more necessar; and, therfor, if his Grace dislyked that way, as that which wold displease his Majestie, they wer come to be informed by his Grace of some other, wherby they might be assured of sattisfactione to the rest of their desires, which they might communicate to their numbers, and so dissuade the Protestatione. He answered, He could find no just reasone but mens will, why they sould go on in such a course; for if a Protestatione wer absolutlie necessar in law, it wer sumthing; bot since it was not, bot wold hinder their bussines, he admired why they wold take that course which wold displease the King, and make him withdraw his grace and favour; that ther behoved to be trust 146 in this bussines; and if they did not repute him and the Kings other officers honest men, it was hard to deall any more in it; for if they wold, efter the Proclamatione giveing them such evidence of his Majesteis goodnes, supplicate for such things as they wanted of their desires, he and the Counsell should employ themselves that his Majestie sould give them a hearing, and they might certainlie expect the same from so just and gratious a King. Loudone replyed; told ther unwillingnes to a Protestatione, if necessitie had not pressed them; that it was the judgment of the most skilled lawiers; and in this case, wher his Majestie returned this answer as a full sattisfactione of their desires, if they wer silent, they wold be repute as contented with receaving a plenarie sattisfactione of all their desires by that was contained in the Proclamatione; that Protestationes had never bein ill taken in the highest courts of Parliament, thogh made by one of the meanest. He pressed the reasons verie pertinentlie, and that a Protestatione was the lowest and humblest way, and neirest to prayers. The Commissioner still insisted that it did not help them in law, wold irritate the King, barr all other fair wayes, and produce streames of blood, wherof he was sorrie; that the King had his shipps readie at the first advertisment, if his favours were not accepted, and his honour slighted. Mr. Alexander Hendersone spoke sumwhat to dissuade any exceptiones at the Protestatione. The Commissioner answered all very peremptorlie; declaired that he behooved now to speak as representing his Master. Rothes begged leave [to say,] that a king was a father and a master to his subjects; that a father and a matter wold not speak so obscurelie to his sones or servants; bot if they wer in ane errour, wold strive to rectifie them, and give them more cleir directiones, and wold not be so peremptore as not to hear reasone; that they haveing so much reasone for a Protestatione, desired to hear of his Grace sum other way wherby they might be assured of receaving sattisfactione to the rest of their desires, that they might desert that of a Protestatione; that both his Majestie and Father of blessed memorie had not bein cairfull to give sattisfactione to the desires of particular men, and if his Majestie wer present he wold certainlie endeavour to sattisfie his subjects in 147 such a weightie bussines; that if his Grace would secure them of a Generall Assemblie and Parliament, the Protestatione would be left. He stood still at a distance, and told, it become not him to capitulate. At length, Thesaurer and Privie Seall haveing spoke sumwhat to the purpose, craved leave of the Commissioner to speak with them in another rowme. So they going with the tuo Statesmen to the Counsell-house, they still pressed the Protestatione, as a thing neidles, irritating, and hurtfull. They declaired to them sum other reasones, that were not fitting to be spoken to the Commissioner. 1. That a Protestatione was the best way to keip peoples hearts united, wheras their not useing therof might breed a divisione; 2. That if they were forced to a declaratione, a Protestatione was their publict evidence befoir the world, and their willingnes to make their humble address to his Majestie for a full redress of their grievances; 3. That if the words wer past for hearing their other desires which remained unsatisfied, yit nihil remanet; that they knew how the Commissioner his Father had past his word in the Parliament 1621, in the Kings name, and the Bishop of St. Andrewes in the Assemblie of Pearth: and yit they had sein it come to pass far utherwayes. Roxburgh spoke of the Commissioner, and their giveing assurance that, upone the Petitioners Supplicatione to the King, the rest of their grievances sould be heard. Bot Tracquair come neirer the purpose, and said they sould deall for a Generall Assemblie and Parliament, and that nothing could content the people bot a certaintie of these; that words wold not do the turne, and therfore they thoght it meit that it sould be proclaimed at that same instant with the Declaratione of the Kings will.

The Commissioners, returning to the rest of their number, made report. And because the gentrie begouth to take the Protestatione more to heart than before, it was debated amongst the Noblemen, 1. Whether a Protestatione was necessar in law; 2. And if it wer so, whether it wer neidfull at that same present tyme when the Proclamatione was made. Becaus Cassles and Lothian doubted of both, it was appointed that their lawiers sould be required anent both; and everie one sould ask the judgment of the best skilled in toune that they wer acquainted with.

148 Upone the 14 June, Balmerinoch president. It was reported be Balmerinoch, Loudone, Lothian, and Cassles, that the lawiers with one voice thoght the Protestatione necessar, and at the same instant of tyme efter the Proclamatione; that they had given them full satisfactione therin. So the Nobilitie concludit, all in one voice, that a Protestatione sould be made, and that immediatlie efter the Proclamatione. And the Commissioners of the gentrie they come and declaired, that if the Nobilitie wold not make Protestatione, wold doe it themselves without them. This was generallie concludit.

It was appoynted that ther sould be three or four puncheons in readines, with sum few dealls theron, to be a scaffold, wheron my Lord Cassles sould stand to take instruments, Mr. Archibald Johnestone to read the Protestatione, Durie younger, standing behind him, Mr. James Baird and Mr. Thomas Nicolsone younger, on either hand of him, with a minister; that about the scaffold a void salbe keeped for the Nobilitie, and they to be guarded by the shires.

About 11 hours in the forenoon, the gentrie of Fyfe, to the number of 500, come from the place of their meiting in the Colledge hall up the street to the Croce; the gentrie of other shires come also: And when they ranked themselves from the Croce to Mr. John Gallowayes house, wher the Noblemen wer mett, on the one side Fyfe, on the other syde the other shires, leaving a lane betuixt them for the Noblemen to come up to the Croce; and because the throng was great on either side, the gentlemen took their swords out of their belts into their hands for readines. After they had waited a while, when they had receaved certaine newes ther wold be no Proclamatione, they put their swords in their belts and dissolved. Roxburgh passing by in his coatch as they stood ranked, looked upon them with great regraite.

It was rumoured that efternoon that the Proclamatione wold be sent to Sterline or sum other burgh, ther to be published; wherupon it was thoght fitt that the Commissioners of burrowes sould send present advertisments to their severall burghs, that in cace of a Proclamatione they might make a Protestatione, according to our informatione sent to them; wherof the tenour followes.

149 The 14 June: to desire the Commissioners of burrowes presentlie to advertise their owne burghes, that if any Proclamatione come to their Mercat croces before that they be advertised by their Commissioners that the said Proclamatione hath bein used in Edinburgh, and receaved from them a Protestatione used in Edinburgh against the same, and to be used in everie other burghe, that the Majestrats or counsellers of the burghe, or sum other in their name, after the hearing of the Proclamatione, Protest in manner followeing:

1. That we most humblie thank his Majestie for recalling any of the late innovationes, praying the Lord of Heaven to enclyne his heart to discharge these and all other our grievances by the Supreme Judicatures of this land; bot seing this Proclamatione neither discharges all our grievances, neither can secure in tyme comeing from the re-entrie of these innovationes, neither doth answer our Supplicationes craveing the redress of all our grievances by Assemblie and Parliament, therfor to Protest, That we doe and will constantlie adhere all the dayes of our lyfe, according to our vocatione and power, unto our Grievances, Supplicationes, Protestationes, Complaints, to our Confessione of Faith, the Solemne Covenant betuixt God and us, this kirk and kingdome, and to our last Articles drawne out therof.

2. That this Proclamatione, nor no other, be prejudiciall unto any of these, or to our lawfull meitings, proceidings, persutes, mutuall defences, nor to our persones or estates; but that it salbe lawfull for us to defend the religione, lawes, and liberties, the Kings Majesteis persone and authoritie in preservatione therof, our persones and estates, according to our Covenant, vocatione, and power.

3. To Protest, That we adhere to the Protestationes, Complaints, Supplicationes, and Grievances, made, or to be made, by the nobilitie, gentrie, ministers, and the Commissioners of burrowes, against this Proclamatione.

The 15 June, Balmerinoch president; for the gentrie, Sir Thomas Ker of Cavers, Erlstone, and Carltone; for ministers, Mr. Andro Ramsay. 1. A Proclamatione satisfactorie without Protestatione was thoght good, provyding the Proclamatione be prepared by taking out what is evill, and putting in the assurance of a Generall Assemblie and Parliament. 2. No Proclamatione nor Protestatione, but a plain expressione of the Kings pleasour, and either Please or Displease, Embrace or Quyt it. The Proclamatione to be sein, and the Protestatione; and the tuo to be accommodate and made to meitt together. The first tuo motiones wer made by Loudone from Lorne, the last by Montrose from Roxburgh.

150 It was thought fitt, that a short Supplicatione to the Commissioner sould be drawne up, to be delyvered by sum of everie state. The forme therof was committed to Rothes, who drew it up according to the tenour before sett downe.

June 16, Balmerinoche president. To go doune with the Supplicatione wer appoynted, for noblemen, Rothes, Montrose, Loudone; for barrones, Auldbarr, Shireff of Tiviotdaile, Keir, Balvaird; for burrowes, John Smith, Mr. Robert Barclay, and the Clerk of Dundie; and for ministers, Mr. William Livingstone and John Ker.

When the rest wer gone, (Rothes and Loudone staying dinner,) the Commissioner called Rothes to a corner, wher, haveing notice that Rothes drew the Supplicatione, he said, Sorrow sall the fingers writ the Supplicatione. Rothes answered, He knew not who had written that; and, laughing, he said, He believed none of them could justlie challenge any thing he had written about that bussines. Roxburghe answered, He wished all that wer written or spoken in that bussines wer written or spoken by him. The Commissioner went alone with Rothes to the end of the gallerie, wher, regrateing his owne conditione, that he was lyke to displease his master, and to get the Supplicants dislyke; also enquireing of Rothes what was to be done in that bussines: Rothes proposed to himselfe these thrie motiones proponed by Loudone and Montrose the 15 June; adding, that for the last of the thrie, concerneing the accommodatione of the Protestatione to the Proclamatione, upon the light therof he thoght it not so convenient, becaus it went upon a mater of trust; and he believed his Grace had no warrand to communicate the same to so many. As for the other tuo, being repeated over again, the Commissioner thoght verie weill of them, and promised to take them to his consideratione; and told the doeing of one thing wold get them a Generall Assemblie and Parliament, and any thing else they would crave; protesting to Rothes that he had never communicate the same to any other of their number, he said, if they wold do any thing to content the King concerneing the Covenant. Rothes answered, That he heard of that a month since. The Commissioner said, They might weill hear it from Loudone; bot he 151 had never spoken it to any liveing since his home-comeing, except a litle to Roxburghe and Tracquair; nor durst he, finding the people so farr adverse. Rothes said, I hope your Grace hath sein the Reasones against the randering of the Covenant. He acknowledged he had, and seimed not to think so much of them. But Rothes extolled them extreamlie, and told him, of all things he could crave, that was the difficlest; that ther was not a man joyned but wold rather quite his lyfe nor quite his part in that Covenant. He said he wold not desire them to quite it, but to send sum five or six of them to the King with a complement. Rothes denyed that ever they wold do that, or that any thing could be done in that, bot one of these tuo: First, To make sum declaratione to the world, sheweing their religione and loyall dispositione; that wher the extreame case of the kirk, by the growth of errors and disorders broght in by sum, had forced them to renue a Covenant with God, and being respectfull of their Soveraignes aucthoritie, had also renued the oath of their lawfull obedience to his Majestie, which was, by the malice of sum, mistaken and misreported, as intending therby disobedience to their Soveraigne: For clearing wherof, to signifie to the world, that as they had bound themselves to God absolutlie, so had they bound themselves to the King, according as their predecessors had done in their Confessione of Faith, and in their Declaratione to repeat the words of the Confessione of Faith, and to expresse patheticallie how much respect they intendit to their Soveraigne therby, and cleir themselves by a large discourse of any neglect or misrespect. 2. To send a Covenant to the King subscryved, with a Supplicatione or Informatione, sheweing the reasone why they renued the Covenant with God, doeing it speciallie to hold on these evills that wer pressed upon this kirk by these that wer put over them; that they had all been cairfull to renue their acknowledgement of lawfull subjectione to his Majestie, as the speciall dutie they are bound unto nixt unto God, and ther to repeate, interprete, enlarge these parts of the Covenant which bind thus to his lawfull obedience; and that they had made bold, not only to send this apologie for cleiring their intentione, bot also to send his Majestie a subscryved Covenant, as the greatest testimonie of their 152 obligatione, first to God, and nixt to him, to be keipit by him, as the chiefest partie on earth, who sould see them performe their dutie both to God and to himselfe, and one to another; and if his Majestie wold grace it with his hand, it wold be a singular contentment to all the parties interessed. He told him, except one of these, he knew not what could be done concerneing the Covenant; that his Grace might think on these or any other motione, provydeing, 1. It did not derogate from the lawfullnes of the Covenant, or integritie therof, by takeing away any part therof; 2. It did not seim to savour of deserting or quiteing the Covenant, or disapproveing it any way. The Commissioner besoght him earnestlie to think upone sum way in giveing the King a complement,. and desired sumthing of it might be put in his power. Rothes denyed that could be done; bot said he sould think upon it, craveing leave to communicate it only to four for advyce in a mater of such weight; which the Commissioner granted, adding, that if they wold do nothing for repairing the Kings honour, it was verie hard, and could not be expected of so good subjects. Rothes told him, They wer alse tender of his Majesteis honour as of their lyves; and if they had wronged it, let these suffer who had so done; bot they could not understand these points of honour which wer only such in the opinione of such mens braines, and not accompted true honour by any divyne or humane law, or found judgment of any understanding man. When the Commissioner spoke of the comeing of things to extreamitie, he said, if it wer dureing his treatie, he sould be soon gone; and however the event fell out, it was pitifull; for if the King leave them, they wold be the most base subjected natione under the sun; and no man wold desire to live among them, he [they] had been so much oblished to his Majestie. Rothes told him, He cared not for it. Rothes told him, The more difficulties wer proponed, the people wer the more resolute, being put to think upon the more expedients for keiping together and strengthening themselves. The Commissioner did acknowledge it, and that ther was no hope of divyding.

Upon Monday, the Commissioner returned, and desired to be excused for ane answer the nixt morning. 153

That which sould immediatelie follow this is the Explanatione of the Covenant, be way of Supplicatione, which is alreadie written, and begins upon the [123] page, at the words, That wheras, and ends upon the [same] page, at the words, reigne over us, which pertaines to the publict storie; so goes on the rest of the publict as followes:

And wher the Commissioner had motioned the delyvering up sum of the Confessiones to his Majestie, It was by universall consent agreed, that one might be delyvered to the Commissioner for his Majesteis behoof, with the conditions that the Commissioner sould give assurance that it was neither requyred for rescinding it in haill nor in part, neither for changeing any thing in it, or any publict act to condemne any pairt of it; bot only to be keipit by his Majestie as the speciall partie on earth whom it most concerned to see the subjects performe their dutie to God, and to his Majestie, and each to other; and these to be assured, either under the Commissioners hand, or be ane Act of Counsell: bot that was no more required.

The people got notice that the Bishop of Dumblane had come from Setone to read the Service-book in the Chapell Royall the nixt Sabboth, 24 June, which did so exasperate all to find them intend to practise these novationes which were petitioned against, and promised to be discharged; and if the Commissioner had heard the Service-book, it wold alluterlie [have] disabled him to do any good. Amongst the Supplicants these inconvenients being presented to the Bishop, he willinglie absented himselfe, and that fear was removed.

The 26 June, the ordinarie number of Supplicants appointed to attend the Commissioner went to him with their Supplicatione, delyvering the same, shew[ing] it cleered the mistakes in the Confessione, especiallie anent that part of mutuall concurrence, which had stayed their desires of a Generall Assemblie and Parliament; which being now removed, they expected the same, haveing so much neid of them. The Commissioner excepted against that pairt, That his Majesteis Commissioner conceaved the Confessione of Faith to be ane unlawfull combinatione, &c.; affirmed that he adhered to the 154 Confessione of Faith with all his heart and soul, and wold subscryve it; bot that it was the mutuall band at the end of the Confessione wherat he did offend. It was answered, The band was nothing but ane obligatione to defend that Confessione of Faith; and the Confessione being good and allowable, as his Grace did acknowledge, it could not bot be lawfull to defend it. It was also showne that a mutuall band in the lyke case had been formerlie allowed. The Commissioner craved till the nixt day to give them answer.

On the 27 June, the ordinarie number from the Supplicants went to crave the Commissioners answer to their Supplicatione or Explanatione, at which tyme the Commissioner told them he had got a power from his Majestie to indict a Generall Assemblie and Parliament, yit was it upone conditione of their surrendering the Covenant; and now seing the ground wherupone he went is removed by their refuisall to render the same, he craved their patience for a short whyll, that he might goe to Court and deall with his Majestie anent their desires, which could not be weill done by letters, that wer neither so able to present the truth of bussines, nor capable of a reply, in case of any objectiones or doubts; promiseing to endeavour the persuasione of his Majestie that they wer loyall and affectionat subjects, and to labour a gratious answer from his Majestie to them. They rendering him thanks for his offer, and shew that they being bot a few, behoved to communicate his motiones to the rest of their numbers and sould attend his Grace verie shortlie with their answers. Many of the Supplicants wer impatient of so long delayes, the bussines being so important, and wold have pressed the Commissioner extreamlie for a present dispatch; yit efter consideratione that their desires past his commissione, they acquiesced in his resolutione, with sum provisiones, which they desired might be proponed.

June 28, the Supplicants shew, That seing his Grace had not absolute power to indict a Generall Assemblie and Parliament, they thoght his owne presence could best procure the same; bot they wer desired by the rest of their number humblie to require his Grace to designe sum certaine tyme for his returning, seing the estate of the country could not endure a longer delay. 2. That all things sould indure in the same present estate, without 155 alteratione, untill his returne. For the first, he designed the fyft of August for his returne; for the second, he said, he could not answer till he knew the particulars, which was thoght most fitt to be communicate by a fewer number. And so they promised to wait on his Grace one of the two days following.

The Supplicants got advertisments on the 29th of June, that certaine armes cost in Holland for sum of their uses, wer arrested there, and ane extraordinarie search made for any armes to be transported to Scotland; and that this was procured by Sir William Bosswall, ambassadour for his Majestie in Holland.

On the 30th June, onlie three of the Supplicants wer appointed to attend the Commissioner; who shew him, 1. That if he sould faill in the dyet he had appoynted, the verie long delayes had bein desired, used in that bussines alreadie, and the present and pressing necessitie of the church, had begotten a generall resolutione of useing the ordinarie remead allowable by the lawes of God and of this countrie. 2. They craved there might be no alteratione, either fortifying or victualling castles or other places of strength, further then their accustomed maner, for wronging or oppressing the subjects. 3. That trade sould not be stopped; instanceing the stay of armes by the Kings ambassadour, which they thoght ane act of hostilitie, howbeit they wold not now complaine much of it. They desired the Commissioner to try if it wer done by his Majesteis warrand, and to obtaine from his Majestie another warrand for the deliverie of them, the price being alreadie payed be his Majesteis subjects. For the first, he said he knew they were to keip a church meiting, in case they could not obtaine a Generall Assemblie; for the which he was sorie, but hoped to prevent, and obtaine his Majesteis indictione, if they wer reasonable. As for the second, the providing of extraordinarie victuall or ammunitione to the Kings houses, these wer bot neidles fears; the King wold not do it, for any thing he knew, till he sould see the end of his endeavours; and when he found it neidfull, he wold not goe about it in a private way, bot make the best of his subjects assist and doe it. As to the third, for staying trade, he knew no such purpose: that their armes was stayed by the Kings ambassadour he sould communicate to his Majestie; bot 156 denyed to carie their desires for restitutione, and undertakeing any doing in that particular. He said it could not be evill taken, althogh his Majestie had bein in a farr harder course then to stay their armes, seing that it was constantlie reported in Ingland, that the Scots wer aymeing with 50,000 men to assault them; and could they take it ill that his Majestie sould impede all meanes that might enable them therto? As also they wer unwilling that his Majestie sould provyde his own castles, and why then sould they have leave to provyde any further than the King? They shew the castle was farr different; for they had never given the least significatione, by word nor deed, of any other resolutione, then to labour, by all lawfull meanes, to avert his Majesteis indignatione, and, in the case of invasione, to defend themselves; but for invadeing Ingland, they cursed all that had any such thoght, or that ever purposed any further then defence, which was both naturall. legall, and religious; and seing they had never done any thing that might beget the least suspitione of the contrarie, why sould his Majestie either warand to do them so much wrong, or not give order for redressing of it, if it be done without his Majesteis knowledge? For their provydeing of armes was both warrandable by the Acts of Parliament, and most necessar for the defence of the countrie, when they wer threatned with foraigne forces, (which was assuredlie menaced by their adversaries,) and with provyding the castles and strengths for their overthrow. The comeing of forces by sea and land was frequentlie and constantlie reported, which did the rather cause provisione of armes to be made for such as wanted; and the ammunitione broght home for the Castle of Edinburgh, being formerlie threatned for battering the Town and beating the Supplicants out of it, might be verie lawfullie keiped out, as a servant may keip up his masters sword, wherwith he intends to hurt or kill him. So what they had done wer only acts of lawfull defence of religione, and of their countries liberties, and of their owne persones, and a labouring only to hinder the meanes of our own destructione and of unlawfull invasione. They desired his Grace rightlie to consider the different ends of provyding for lawfull defence and for unlawfull invasione, and then he wold not blame them so much. After 157 sum expressiones of his Majesteis goodnes, and laying the blame on misinformers, they besoght his Grace to challenge freelie what he thoght amisse in their actiones, that they might have occasione the better to cleir it, and he be the more able to give his Majestie satisfactione, and desired no Proclamatione to be made till his returne. He promised to make none till they wer advertised, and that for eschewing mistakeing, which might follow upon the same not being expected. They also offered to shew my Lord Commissioner a letter from one of the speciall men of Drumfreis, bearing that the Deacon Conveiner ther, being stirred up by sum Maxwells that wer papists therabout, had called the crafts to the Sandie Banks, and had taken all their oathes that they sould not subscryve the Covenant, and had threatned sum of the refuisers with drawne whingers; and althogh sum others therabout had given in a Supplicatione to the Commissioner a few days before, and complained they wer threatned and forced to subscryve the Confessione of Faith, yit the Supplicants haveing required earnestlie to know the persons wer threatned and these who had done it did hear no more of either; bot they offered instantlie to prove the accusatione contained in the letter, which was thoght fitt to be remitted to the Counsell.

On the said 30 June, a Proclamation was made of the returne of the Counsell and Sessione to Edinburgh. The Thesaurer and Justice-Clerk come up to the toun, and declaired to sum of the noblemen and gentrie, and to the Majestrats of Edinburgh, their purpose, that the numbers conveined about the Croce, and the rumour and appearance of a Proclamatione, might be informed and satisfied, and that for eschewing all mistakeing.

On Tuysday morning, 19 June, Balmerinoche president. For noblemen, Rothes, Montrose, Loudon; for barrones, Shirreff of Tiviotdale, Auldbarr, Keir, and Balvaird; for burrowes, Johne Smyth, Mr. Robert Barclay, the Provest of Stirling; for ministers, Mr. Alexander Henderson, Mr. Andro Ramsay, and Mr. David Dick, wer sent doun to receave answer from the Commissioner. The Commissioner objected their pressing of people to subscryve the Covenant; that he had receaved a Supplicatione from forty-five, wherof onlie five wer papists, craveing his and the Counsells protectione, 158 becaus they wer threatned to subscryve the Covenant. Rothes answered, It was hard to stay so great a generall bussines for a particular complaint; try it and punish the transgressours; besought him not to lay the fault of the stay upon the Supplicants, for they wer sensible of none; and [if] he wold instance in any, they wold labour to remove it; bot rather to give sum other reasonable pretence of delay, as his Lordships desire to hear from his Majestie before he gave ane answer; especiallie, they desired they might propone it in writ, and receave answers therto in writ, also for avoyding of mistakeing that might be of words, and for more punctuall and exact proponeing and answering both for his Graces and his Majesteis informatione. They desired to know efter what maner they sould attend upone his Grace for ane answer. He answered, He sould either give his answer at the Counsell table, or to a few of them in private. They said they wold hardlie be fewer than they wer. He answered, They might be fewer. Roxburgh added, The fewer they wer the freer his Grace could be. They said, They behoved to have sum of everie estate. He answered, So they might. It was objected by the Commissioner, That they had sent for moe numbers. It was answered, It was farr utherways, for they wer dailie sending away sum of their numbers; that they had chidden these who wer of opinione all sould stay; bot where mens inclinatione caried them to stay, they could not put them away. And thene parting, the Commissioner desyred that Rothes and sum few sould come to him. Rothes answered, He could not, except that way of walking wer followed.

At their returne, haveing made report, it was thoght fitt, That the way of proceiding with the Commissioner sould be by writ, giveing in their mynds, and receaving answers that way, as most convenient for giveing satisfactione both to his Majestie and to his Majesteis Commissioner, if he will onlie declare by word that they sould take notes in writ, and answer the Commissioner by writ.

Advertisment was given to the Commissioners in Fyff to order their numbers, and make them less, that they may attend the longer, and with the less trouble.

159 Upone Wednesday, 20 June, the Commissioners forsaids went doun to receave the Commissioners objectiones against the Confessione of Faith; wher, efter the Commissioner had excused himselfe that he had made them stay so long without, being busie writeing, and behoved to be busie all that foirnoon, he told them he had no other objectiones, but such as he had alreadie proponed to them, and began in jest to object against the whole Covenant, and that they behoved to cancell it. It was answered, That they had alreadie cleered and declaired themselves theranent. Rothes added, That he wold not wish to be King over so many mensworne dogs as they wer, if they wold quyte their Covenant. Lorne spoke concerneing the appointing sum from the Commissioner to meet with them, since his Grace was not at leasure. Haddintone, Southesk, and Lorne wer appointed, who come up to my Lord Duries house for the Supplicants; together with these who went doun, were the Earl of Weymes, the Shireff of Tiviotdale, the Commissioners of St. Johnestone and Aire, with Messrs. Andro Ramsay and Harie Rollock, ministers of Edinburgh, and Mr. Alexander Hendersone. These that wer appoynted from the Commissioner proponed this doubt, His Majestie may conceave that the Confessione is so generall in the clause of mutuall defence, that it may not onlie containe ane defence for religione and his Majesteis persone and authoritie, liberties and laws of this kingdome; but also a combinatione for desending delinquents against authoritie even in other cases than this foirsaid. This being the point condiscendit on to be cleered for the Commissioner and his Majesteis satisfactione, Rothes answered, That the words wer so cleer in themselves as concerned the clause, that they neidit no explanatione. It was replyed, That since his Majestie craved satisfactione in that point how could they deny him so small a favour as to declare their loyall intentione towards him? intimateing, that his Majestie thoght that the Covenant might be rescindit when the articles therof wer fullfilled; bot finding it impossible, because of their opinione it was perjurie, he desired only a declaratione of their loyall intentione in entering that Covenant.

The Noblemen returned to their numbers, and haveing made report, it was much debated, and at length concludit, If it wer neidfull to draw up 160 ane humble remonstrance for explaineing their dutifull intentione concerneing the clause above-written; and Rothes was appoynted to give advertisment to such as sould draw up the Declaratione.

Rothes advertised my Lord Loudone and Mr. Archibald Johnstone; he could not have the occasione of Mr. Alexander Hendersone that night. Rothes thoght, since that wherat his Majestie took exceptiones was proponed by tongue, the Declaratione might be returned by word also; since the Declaratione, if it wer by writ, wold take a long tyme, and behoved to be als publicte as the Covenant itselfe, and made by all that had subscryved for the same reasone. Mr. Archibald Johnstone thoght it might be done best by way of Supplicatione, which might be done by the Commissioners in toune. Wherupone Loudone and he framed their draught be way of Supplicatione.

Thursday, 21 June, Earl of Lothian president. The draught of the Declaratione be way of Supplicatione was sein and appoynted to be revised by Rothes and Balmerinoche, Mr. Alexander Hendersone, and Mr. John Adamsone; and haveing changed sundrie words and sum sentences therin, copies therof was given, one to the Commissioners of shires and to the burrowes, and one to the ministers, with a desire to report their severall opiniones against the nixt morneing.

The Barrones Commissioners of shires, being met to consider upone the Supplicatione, directed Durie to the Noblemen with sum peremptorie motiones. 1. That not one word of that Supplicatione sould be changed. 2. That assurance sould be gotten of the indictione of a Generall Assemblie and Parliament before it wer delyvered. 3. That assurance sould be had that ther sould be no more delayes nor doubts proponed. Sum thoght the motiones reasonable; bot efter sum debating they wer satisfied, and Rothes was directed to the barrones with ane answer; who shew, for the first, Since there was sum fault alreadie found with the narrative, and other faults might be found in the bodie which might be changed to their advantage, it was hard to stand so strictlie on words. 2. Since they wer bound to satisfie a private Christiane if he wer offendit upon a mistake of their 161 actiones, or to a freind at court, if he declared he conceaved their cariage to be such as beseimed not loyall subjects, how much more wer they bound to cleir themselves to his Majestie if he stumble at any of their actiones, that wer so justifiable that this could not prejudge their cause, thogh it wer done befoir they got assurance of a Generall Assemblie and Parliament. It might be the Commissioner had not power to indict these befoir he heard from his Majestie; and this would be the longer delayed the longer they wer in giveing in that Supplicatione. 3. That it was too much presumptione in them to barr all proponeing of doubts in tyme comeing; what was heirefter alleadged might be heard, refuised and refuited. He insisted a great deall longer upon ilk one of thir purposes, and gave them satisfactione. He spoke also to them concerneing the present provisione of armes for everie shire. He promised to provyde a competent number for present use; therfor, to try who wold buy armes and provyde answerablie.

Fryday, 22, Cassles president. Report was made from the barrones that they desired the Commissioner might be put to it to propone his doubts and demands; that they wold never yeild that any explanatione sould be made till they heard all that could be objected.

At ten hours, for the noblemen, Rothes, Montrose, Weems, Loudone; for the barrones, Auldbarr, Shereffe of Teviotdale, Sir Patrick Hamiltone of Little Prestone; for burrowes, John Smyth, Mr. Robert Barclay, Provest of Sterline, Clerk of Dundie; for ministers, Messrs. Andro Ramsay, Harie Rollock, Alexander Hendersone, and David Dick; mett with Haddintone, Southesk, and Lorne, in Duries house, to whom they delyvered a draught of the Supplicatione, not as concludit upone, but only drawne and put to consideratione among the rest of their numbers. The Noblemen Counsellers excepted against the narrative, which bare, That the Commissioner had declaired that his Majestie was most willing, and had given him power, without delay to indict a Generall Assemblie and Parliament, if the clause of mutuall defence wer cleired, which ingadged the Commissioner more then he had power to the declareing of his Majesteis will, and so involved him in a difficultie; affirmed that the Supplicatione was not conceaved in so 162 humble way as was convenient, and contained more harsh expressions then the Covenant itselfe. They proponed another frame, drawne be my Lord Durie, upone their informatione, which was referred to the Supplicants consideratione; and took the other to their consideratione, promiseing a meitting with them be five efternoone.

Nota. That morneing, Mr. Eleazer Borthwick had privatlie carried a copie of the Supplicatione to the Commissioner, who dislyked many things therin. The noblemen returned to their number, and proponed to them the draught they had receaved from the Counsellers. It was debated amongst them by Lyndesay and Yester, Whether any thing of that kynd sould be receaved by them from the Counsellers? This was thoght too peremptorie. It was resolved they might receave what they had proponed, and take into further consideratione, that it might be refuised with the better reasone. Wherupone Mr. Archibald Johnestone was appoynted to consider that draught, who drew up sundrie objectiones against it, shewing the inconveniencie therof.

The Commissioners fra the Supplicants meiting againe with the Noblemen Counsellers in Duries house, at five hours in the efternoon, the Counsellers desired to know what they thoght of their draught. They shew their utter dislyke of it; and Loudone read out sundrie exceptiones, sum wherof they acknowledged, and said they might be helped. The Supplicants shew that it was to no purpose to take paines for mending that which was in the haill so faultie; and desired the Counsellers to declair what they thoght of their draught they delivered them. The Counsellers proponed sum smaller exceptiones, bot declined to insist much upon them.

Because, the first draught of the Supplicatione was not so pleasing, Rothes had desired Mr. Alexander Hendersone that morneing to draw up another, which he did, keiping much in the expressiones of the first, leaving out sum things which soundit harshlie, and going along with a smoother straine; and wheras the first insisted most in cleiring the clause of mutuall defence, according to the doubt proponed by the Counsellers the 20 June, this last descendit not so particularlie, bot cleired the Confessione of Faith from the imputatione of combinatione against law and authoritie. This draught 163 Mr. Alexander Henderson, at Rothes desire, had shown to my Lord Lorne to consider upone; who, being impatient to see both the former draughts displease, drew out this last, which was read, did please a great many of them, and was taken by the Supplicants to consider against the nixt day. Southesk reported, That the watch at the Castle had ryped my Ladie Marquise truncks, and made sum debate with the keepers of the gates, alledgeing it was a breach; objected to Rothes and Loudone, that Lorne and he stood ingadged to them, and if any victuall and ammunitione had bein caried into the Castle, they wold have been hardlie challenged; and what satisfactione, said he, salbe done for that? Answer was made, that they could answer, bot wold not at that tyme; pointing therby at the conditione of the private watche.

Because Mr. Archibald Johnestone had sum exceptiones at the last draught, Rothes, Montrose, Loudone, Mr. Alexander Hendersone, and he went into Mr. John Gallowayes house together; and efter sum reasoning, they resolved upone sumthing to be added; and that night Loudone, Mr. David Caulderwood, and Mr. Archibald Johnestone revised it, adding sumwhat. As to the defence of the Kings persone and authoritie, they added in the preservatione and defence of true religione, &c.

Saturday, 23, Burly president. The last draught of the Supplicatione was read before the noblemen. Lindsay excepted, That howsoever the Supplicants cleered themselves of imputatione, in so far as concerned the defence of religione and the Kings persone and authoritie; yit it did not clear the clause of mutuall defence from the imputatione of combinatione. It was answered, That the words of the Supplicatione concerning mutuall concurrence and assistance, &c. did sufficientlie cleer that the words of mutuall concurrence and assistance, &c. being equivalent to the words of mutuall defence; it past by voteing, and was agreed unto by all; and Lyndesay, efter sum debateing, acquiesced.

At two hours, the Commissioners of the Supplicants befor named met with the forsaid Counsellers at Duries house; wher the Counsellers desired the change of sum words, wherto the Supplicants agreed; finding the change 164 of these words was to their advantage: As, for example, these words, did require us to give satisfactione to that as the maine hinderance of sattisfieing our desires, they changed thus, We being most willing to remove that, as a maine hinderance of obtaineing our desires; and these words, farr from any thought of withdrawing ourselves from our dutifull subjectione. This draught being thus reformed by commone consent, was recommended to the consideratione of the severall meetings of the nobilitie, barrones, burrowes, ministers, and was condiscendit to unanimouslie by all, with a resolutione to have presented the same that night. Bot because the Commissioner was gone out to Dalkeith, it was delayed till Monday.

Monday, 25 June, Because there was not much adoe, no president chosen; but Rothes was both clerk and president.

It was reported that the Bishops wer purposed for court; therfor it was thoght fitt to send my Lord Lyndsay and Laird [of] Kilburnie to Dalkeith, to the Commissioner, to desire that the Bishops might be stayed, for the reasones followeing: 1. Because his Majestie hath commandit their home-comeing, it being convenient they be present to informe the Commissioner, reply and cleer any accusatione made concerneing them. 2dlie, Seing they professe such violence against our legall course, and dare avowe they have suggested the same to his Majestie, it is very unfitt they sould be suffered to returne, and impede by their calumnies that fair and peaceable course wherin his Grace is employed. 3dlie, It will disappoint, or at least delay verie long, the onlie meanes that can settle this kirk; the Bishops being the parties challenged, whose absence out of the country will force their citatione to be on a very large time. If it be objected, that they are forced to go out of the countrey, that they may be secured of their lyves; to answer, They have not been troubled, and if they wold be secured, they may be put in sum of the Kings houses. My Lord Lyndsay and Kilburnie returned answer, that the Commissioner said he wold not desire any of them to stay, not being secure of their lyves. When my Lord Lyndsay proponed they might be safe in the Castles of Stirling or Edinburgh, he said he wold not imprisone them.

165 June 26, Balcarras president. Rothes, Montrose, Weymes, Loudone, Shereffe of Teviotdale, Auldbarr, Messrs, Harie Rollock, Robert Douglas, with Edinburgh, Dundie, Stirline, and Irvine Commissioners, went down. The Commissioner desired the Earl of Rothes to come and speak to him sum tyme that day, who returned at twelve hours and dined with him. Efter dinner, the Commissioner took Rothes into his bed-chamber, and closeing the door, said in jest, He wished that he had everie one of half a scoir of them that way. Then drawing in a chaire, he desired Rothes to draw in a stooll, and begouth ane grave discourse: That before his doun-comeing he thoght that if the Supplicants obtained all their desires, they wold have quit their Covenant which they had entered for that effect; that Lorne, and Orbiston, and all of them, wer of that mynd; and therfor all his instructiones ran that way; that if they had delyvered their Covenant, he could not onlie have granted a Generall Assemblie and Parliament, bot also that all things wherwith the Bishops might be charged, both spirituallie and criminallie, sould be heard and discussed, and if they wer found guiltie, to make them wagg in a widdie: But now he could doe nothing by his instructiones, as he could make evident to any upon his lyff, offering a sight of the same; that although he was persuadit Rothes was also weill affected to, and carefull for the promoveing of the bussines of the Supplicants, yit he knew him to be more wise and moderate, and therfor had desired to speak with him, for advyseing what was to be done nixt. He declared, that before he come from London, he thoght to have done a great work; bot now, since they had subverted the grounds wherupone he thoght to have proceidit, and wold not render the Covenant, he behoved to think upon the nixt; that since he could doe no more, he was resolved, with all possible dilligence, to go to Court, leaveing his people behinde, being of mynd to returne within 20 days or a month; that he wold do his best to appease the Kings wrath, and to bring him in a good opinione of his subjects; that letters wer not capable of replies, and therfor that his presence with his Majestie was necessar; that if he prevailed with his Majestie for their good, it was weill; if they could not be pacified, bot wold go on in ane violent course, he sould, 166 notwithstanding, returne, and shew him what might be expected, if he keiped lyff, and broke not his neck; that he wold endeavour to persuade his Majestie that he had good and dutifull subjects; bot if they wer not wise to accept the Kings gratious offers, he protested to the eternall God the Kings shipps wer in readines to come downe, and they wold be the most miserable people in the world. He said it was verie hard for him to returne about a Generall Assemblie and Parliament, when he knew not what was to be done therin, which wold breed both trouble to him and delay to the bussines; for he behoved to write still to his Majestie as bussines occurred, and wait for his Majesteis answer; therfore he desired to know of Rothes what wold be done in the Assemblie and Parliament. Rothes answered, For the Parliament, it wold bot ratifie what was concludit in Assemblie; and sumthing about the mater of moneyes, wherto he believed his Grace wold be als willing as they: bot as for a Generall Assemblie, it was hard for any man liveing to determine what was to be agitate there before the Assemblie was set down; therfor desired him first to obtaine the indictione of a free Generall Assemblie. The Commissioner said, What call you a free Generall Assemblie? Rothes answered, Such a one as is indicted lawfullie, with a large tyme, consisting of two ministers (he thoght) and one lay elder, chosen out of everie presbitrie. The Commissioner said, Might not the Assemblie be free, thogh Bishops wer members therof, as they had bein in seven Assemblies? Rothes answered, He thoght they had not bein in so many, or, if they had bein, it was more than they had warrand for from the Acts of the Assemblies and Parliaments; or if they did sitt now, they could not sitt long, for they wer the persons wold be first pitched upon, and behoved to remove, because parties. The Commissioner desired Rothes to informe himselfe what may be said in law for or against their sitting in Assemblie, and to make report to him; for if they had been in possessione, and had reasone and law for it, the King wold stand for it, that they sould have a place there; and if they withstood it, that wold breed him a new trouble when he returned; and he had rather lose his lyfe and all that he had before he wer put to such trouble and vexatione as he had bein this 167 tyme past. He asked if they could condiscend what was to be judged in the Generall Assemblie? Rothes answered, That these things wer to be judged there which could not be judged in any other judicature in the kingdome; and it was nowayes fitting that such things as wer to be debated ther sould be proponed before the judicature wer sitting wherin they were to be decydit. The Commissioner told, if they wold be moderate, they might be happilie settled, and the King wold crave none of their means; he wold have no taxatione. He spoke sumwhat of the hard temper of sum noblemen, especiallie of Lindsay and Loudone. Rothes answered, For Loudone, he was als moderate as any that satt with them, and that Loudone and he wer never of a different judgment; for Lindsay, he was young, bot assured what he spoke was not out of any seditious mynd; but onlie out of ane zeall and honest intentione. He also challenged Balmerinoch. Rothes answered, That he spoke but little, and was moderate enough; and thogh they differed sumtimes in the maner of carieing things, yit that they all agreed in mater.

Wednesday, the 27 June, Balcarras president. Report being made to the Commissioners desire, they begouth to think of the way how they sould proceid nixt. Balcarras asked Rothes what he thoght was to be done. Rothes said, he thoght it fitting that the Marquise go to Court, wher he might more commodiouslie go about the bussines and overcome difficulties; and, for themselves, ther wer tuo things to be desired: First, The limitatione of a short tyme of his returne; 2dlie, No alteratione here till his returne; under which ther might be comprised many particulars: as, under the first, if he keiped not the tyme, that they might be excused to take it for a denyall to hear or grant their desires: under the second, that the Castle be not victualled nor munitioned; that no impediments be made to trade, or ships stopped with commodities; that no Proclamatione be made till his returne; and any other thing they might think on against the nixt day; which was generallie assented to.

Thursday, 28 June, Balcarras president. The Lairds of Durie and Leys Burnet wer sent from the Commissioners of barrones with sum motiones. 168 1. That they might take nottars with them, and take Protestatione to the Commissioner, if he returned not within such a tyme, that they wold indict a Generall Assemblie; 2. That the Bishops sould not go away in the meane tyme, and they who are away sould be made to returne; 3. That no novationes, Service-book nor others, sould be pressed dureing his absence; 4 That no trade sould be stopped; 5. No castles munitioned. The noblemen yeildit to them all, except that of the Protestatione. Rothes and Durie debated the bussines above ane hour. Efter satisfactione was given to all present, Rothes and Balmerinoche wer directed to the Commissioners of barrones, wher they satisfied them with good reasone anent the Protestatione; so that, without a contrarie vote, they concludit it was inexpedient. Durie pleadit, That the Protestatione was ane act convenient for them, both to intimate their mynd, and make their excuse for indicting a Generall Assemblie, in case the Commissioner returned not at the tyme appointed. Rothes, on the contrair, reasoned, That a Protestatione had been ever made, either in judgement or to rancounter sum public Act as their Proclamatione; bot a Protestatione could not have place either of these wayes in this case; that the Commissioner had promised to persuade the King of the loyaltie of the subjects and legalitie of their proceidings; bot that private protestatione in the Commissioners bed-chamber wold disoblish the Commissioner, by putting sic ane affront upone him as to bring Nottars to his bed-chamber, disableing him from doeing any good with the King, by irritateing his Majestie, and belyeing the Commissioner his former relatione of their legall courses, with such ane unusuall act, as neither memorie of man nor historie could furnish with a precedent, and so prejudge the bussines, by disoblisheing the Commissioner to deall for them, and disableing him to prevaill if he dealt, the King being made therby more implacable, and all the reasones builded on their obedience wold not prevaill by reasone of such a rude act.

The forsaid Commissioners went doune to the Commissioner at efternoone. There was with him, besides the Counsellers whom he ordinarilie employed, a great many moe of the Counsell. The noblemen was not willing to speak 169 all they had to say before the Counsellers; bot wold have had my Lord Lorne proponeing it privatlie, and prepareing the Commissioner. They had spoken my Lord Lorne to that effect, bot he had not gotten the opportunitie. As the Commissioner come out from the Counsell, seeing the Commissioners of the Supplicants, he called them in with him, and the Counsellers followed, which made the Supplicants propone the tuo generalls onlie, before sett doun, page [167]. When they begouth to mention the Proclamatione, he gave sum generall notice that he desired not that the particulars sould be mentioned before       ; of which Lorne took hold, and said, That the Supplicants might take more tyme to think upone particulars. The Commissioner added, that he sould be readie to receave informatione from them, either by word or write, any tyme on this side Monday or Tuysday. Wherupone they departed, with resolutione to returne the nixt day.

Fryday, 29 June, Carnegie president. They thoght fitt, that of all their numbers onlie three sould go doun to the Commissioner, Rothes, Montrose and Loudone, with whom they thought the Commissioner wold be freest. They went doun at efternoone, to whom the Commissioner excused himself, that he could not have leasure to hear them, because he was taken up with dispatching letters to Ingland; bot if they wold come to supper, or returne the next day, he sould hear them at leasure, and if they pleased presentlie; bot he expected they wold do him the favour to delay for a little. Returneing to the rest of their number, it was thoght fitt, that the ministers and gentlemen of ilk Presbitrie sould meit and consider who in their Presbitries are fittest to be chosen commissioners for the Generall Assemblie; and when the Presbitrie is unsure, as wher the greatest part are Episcopall, that the ministers fittest to be commissioners be put in note, and that the ablest and best affected gentlemen in ilk paroch may be put on the kirk sessione, that so they may be in optione to be commissioners from the Presbitries.

On Setterday, 30 June, Rothes, the ordinarie clerk, presided, as he did usuallie when ther was none chosen.

On Fryday, at night, sum shipps comeing to the Road, it was thoght that their armes wer come home; bot David Jenkin, his man, comeing to toun on 170 Setterday morneing, reported all the armes wer arrested, and he himself had hardlie escaped untaken. Being called before the noblemen, he desired to relate how the mater had past. He made this relatione: That he had prepared sum 500 muskets and alse many picks, and payed custome for them; that he had put them in the ship, with sum 200 muskets besides that he had not payed custome for; that the Customers finding the picks more handsome then ordinarie, suspected the muskets to have been indented, and so to have past for a lesse custome then they sould; that therupone they wold neids see the muskets in the chests, and finding the number to be more then was given up, they confiscate them that wer above the number; that he had provydit sundrie other armes, bot Sir William Boswall, the Kings ambassadour, had desired, in the Kings name, that no armes sould be furnished to the subjects in Scotland, who wer presentlie in rebellione against their Prince; and so all was stayed by a commandement from the Estates, though they had formerlie given libertie; that he heard he was to be laid hands upone himselfe, which had made him come away. This relatione was confirmed by two or three factors there, which extreamlie plunged the Noblemen. So that they wer upone a resoltitione to have desired either my Lord Amond or Earle of Lothian, and failleing of them the Laird of Keer, with Mr. Robert Meldrum to attend him, to have gone over presentlie, declared the truth to the Estates, and got libertie to transport armes.

The tyme comeing of the noblemens goeing down to the Commissioner, they desired Lorne to go down before, and speak with him upon all the particulars they were to propone to him. They followed efter; and being come, wer called in [by the] Thesaurer, Privie Seall, and sum other Counsellers, who went out, and none stayed bot Rothes, Montrose, and Loudone. The Acts of Parliament lying before him, the Commissioner professed he had read more Acts of Parliament this tyme past then Scripture. Rothes replyed, That if Scripture had been read and believed, and mens writs less respected, it had been better both for religione and lawes; Cæsar had got his owne, and God his. After they had entered to particulars, the Commissioner said, That it was told him forty tymes they wold go into Ingland. They answered, As for 171 going to Ingland, he knew there was nothing less in their mynds, except in the case of stopeing trade; indeed such violence wold force them to seek meat wher they could have it, if they thus barred their countrie of food and other commodities. Rothes added further, If he wer readie to starve for hunger, and if ther wer bot tuo dishes before his Majestie, a capone and a giget of muttone, he wold humblie desire his Majestie to make his choyse, because he behoved to have the other for safeing his lyfe. He questioned what warrand they had, for that his Majesteis ambassadour had caused stay their armes? They said, It was most certane; for one was come home who had cost them, and reported they wer arrested, the Estates warrand which he had obtained recalled, and himselfe soght for to be laid fast; and this stay of their armes, they said, was also written by other two or three factors, wherof one said he had seen in the Secretaries hand ane supplicatione to the Estates from the Kings Ambassadour for staying of armes, upon a narrative that the subjects in Scotland wer in rebellione against their King. The Commissioner said, That behoved to be a lye; for the Kings Ambassadour wold petitione no State nor King liveing. It was answered, He had mistaken; it had been sum reference or other writ fitt for him to give in, bot that the Secretarie shew him a writ that had the contents forsaid. They said the stay of armes was ane act of hostilitie, and imported no less then the disabling of them; that when his Majestie pleased to use violence, he might do it with freedom. The Commissioner said, He believed it was so. They pressed againe his Lordships dealling with his Majestie. He promised to represent the matter to his Majestie, bot wold not promise to procure the warrand. They represented to the Commissioner they had informationes concerneing the stirre at Kinghorne and St. Andrewes, in case they wer calumniate, that he might shew the truth, utherwayes might suppress them.

The Noblemen returneing with their report to their number, they heard that ther was a Proclamatione to be made; and suspecting that it contained a Declaratione of the Kings will anent the maine bussines, they prepared for a Protestatione, and a scaffold was erected.

The 2d July, the Supplicants, fearing least the Chanceller sould come 172 and sitt in Sessione, wher their causes might be agitate, did resolve to use a Declinatour against him, and against the President as accessorie to his Fathers courses, and knowne to be a very ill instrument betuixt the King and his subjects, by his calumnies and lyes falling within the compass of the Act of Parliament, and knowne also to have been a great incendiarie, in stirring up our Soveraigne, and all that had power with his Majestie, against the Supplicants, and so ordinarie and publict a railler, that he had extreamlie tempted their patience. With them they joyned the Clerk Register, who had so neer relatione in blood and inward familiaritie with both, as it was thoght they did nothing without his advyse and approbatione, which appeared by many particulars. Being oblished to renue their Declinatour against the Chanceller, they resolved also to decline the other two, least in the Supplicants actiones they might vent their actiones by partialitie.

The ordinarie number of Supplicants went down to the Commissioner, and shew the necessitie of useng Declinatour and Protestatione against the President and Clerk Register; being assured the Chanceller had no mynd to come to the Sessione. The Commissioner professed very great discontent, and pressed to dissuade the same by many arguments, which wer answered. At last, he required, if they wold not be dissuaded from so doeing, at least they might not all doe it altogether, bot everie one apairt, and severallie as they had occasione, and as any particular person wer called; for he feared their prejudice. They promised to present his desire to the rest of their number.

That day the Commissioner come to the Tolbooth to the Lords of Sessione, and shew he was commandit by his Majestie to represent to them, That with other respects moveing his Sacred Majestie [to] recall the Sessione to Edinburgh, the personall incommodities suffered by the Judges thorow removall was a speciall motive; 2. Desired, That by speedie dispatch in the administratione of justice, the bygone tyme may be regained to the subjects; and lastlie, in regard of thir tymes, That nothing might escape their Table prejudiciall to his Majesteis honour and service. The Lords humblie 173 acknowledged his Majesteis gracious favour, and ordained that to be recorded in their Books of Sederunt.

On the 3d July, the Commissioner, according to his promise, gave notice that he was to publish his Majesteis Declaratione the nixt day; and haveing rightlie informed his Majestie of the nature of a Protestatione, had broght him to comport therwith, provyding it wer humble as becometh, and thankfull for so much goodnes and grace as it contained, bot withall pressed to disuade it as neidles.

On the 4 July, the Proclamatione was published; the copie therof is in print. The nobilitie, gentrie, burrowes, and ministers all attending about the Croce, and expecting ane Proclamatione als fair as was promised, wer grieved at the heart to hear it of a tenour so heavie on them; and haveing formerlie provydit a Protestatione of so large a tenour as to answer any thing they could suppose might be contained in a Proclamatione, they wer forced to make use of a great pairt therof, and to forbear one they had provydit, so fair and short as did only answer that informatione and promise they had gotten of the smoothnes of the Proclamatione. The copie of the Protestatione is in print.

After the Protestatione was made, and Instruments taken, the Reader offered a copie of the same to the Herald in all humble manner; and all parted with much discontent, wondering why the Proclamatione was called so fair, whether to preoccupie mens mynds and barr them from judgeing it, or to tye up their tongues fra expressing the truth, for fear to contradict so large and great testimonie. However, it was resented as a great prejudice by all interested.

The Supplicants got notice, on the 5 July, that the Lords of Counsell had ratified the Proclamatione, by ane Act of the tenour followeing:

The whilk day, the Lord Commissioner his Grace, and Lords of Secret Counsell, haveing seriouslie weighed and pondered his Majesteis Declaratione of the 28 July, and this day past be Act of Counsell, finds the same so full of grace that they judge themselves not only bound by way of obedience to receave the same; bot in all humilitie, with thankfull hearts, to 174 acknowledge his Majesteis grace and goodnes, and therwith wishes that all his Majesteis subjects may, as they ought, rest satisfied therwith, and that we with them and they with us may testifie our thankfull acceptance therof by our humble prayers to God for his Majesteis long and prosperous reigne.

The report of this Act made the Supplicants draw up sum Reasones, to be delyvered to the Commissioner and Lords of Counsell, for hindering it to be booked, and to make them sensible of the errour committed both against their own consciences and the haill Supplicants; the copie wherof follows:

Where We, his Majesteis good subjects, have for a long tyme expected a redress of our grievances, and a gracious answer to our Supplicationes and Complaints, we are by the late Proclamatione more heavilie grieved then befor, and so much more because we hear the Lords of his Majesties Secret Counsell are about to give their approbatione therto, as satisfactorie to themselves, and binding them to give obedience therto, and wherwith they wish all his Majesteis subjects may rest satisfied, as they oght, which can neither be required nor expected, for the Reasones followeing:

1. It doth neither disallow nor discharge the Service-book, Book of Canons, nor any other of the novationes and ills complained upone; bot, on the contrair, confirmeing the Proclamatione, February 19, importeth that the Service-book is a readie meane to maintaine the true religione alreadie profest, and to beat out all superstitione, &c., and directlie beareth in itselfe that the said book may be pressed in a fair and legall way, sua that the Prelates and their followers may practise the same, and they may be used as the onlie forme of Gods worschip in this kingdome.

2. It does not abolish, as we hoped, the Court of the High Commissione; bot rather, by promiseing to rectifie the High Commissione with advyce of the Counsell, doth establishe the same, contrair to the lawes of this kingdome, against which, alsweill, other judicatories and laws may be established with lyke reasone, without consent of Parliament.

3. It granteth not one of our desires, nor doth so much as make mentione of our humble Supplicationes; bot, on the contrair, doth condemne our lawfull proceedings as great disorders, justlie deserveing sum severe executione from his Majesteis power, and as a running headlong unto our owne ruine, notwithstanding that we have cleered ourselves befor to the Counsell, and of late to his Majesteis Commissioner, of all unlawfull combinatione and disorders. Thus, it aggravateth faults wher non wer committed, and threatneth ruine wher no punishment was deserved.

4. No hope given us to be freed of Pearth Articles; bot rather that we salbe still keept under that bondage, although they have been a maine cause of the divisione of this kirk, and of the miserable consequences followeing therupone.

5. Although the Prelates have wroght us all this woe, and our complaints from the beginning have been principallie intendit against them, as wicked instruments labouring to divyde betuixt God and his people, and betuixt the Kings Majestie and his subjects; yit have we no hope of justice against them by this Proclamatione, which doth pass their guiltines altogether with silence, as if we had never complained against them, or petitioned to have them put to tryell. 175

6. Although, according to our frequent Supplicationes, the necessitie of this kirk doth re quire the present indictione of a Generall Assemblie, and we wer ever in hope of such a free Assemblie as might promise us comfortable successe: yit, by this Proclamatione, we neither have certaintie of a Generall Assemblie, nor hope of lawfull libertie to be used therin for establishing the reformed religione and removeing of corruptione out of the service and kirk of God; bot rather just, fears that the Book of Canons and Service-book, which containe the Articles of Pearth and many other corruptiones, shall therby, as by a fair and legall way, [be] established.

7. That the innovationes of religione and worship of God complained upone by us are not by this and all former Proclamationes acknowledged to be innovationes at all, or to containe any Popish superstitione; bot, on the contrair, that they may not only consist with religione presentlie profest, bot also are means to confirme the same, and beat out all contrarie superstitione.

With these Reasones the Supplicants went to the Commissioner, and shew they had bein made to expect a very fair Declaratione, and had provydit a Protestatione answerablie; bot being disappointed, they wer forced to accommodate their Protestatione to the tenour of the Declaratione; and now hearing that the Lords of Counsell had a mynd to ratifie the said Declaratione, they had drawne up a few of these many reasones which they had against that ratificatione, and presented the same to his consideratione. The Commissioner said, They had protested against the Proclamatione; they might also protest against that Act if it displeased them; the Counsell knew what they did, and wold answer for it. The Supplicants answered, They did think the Lords of Counsell wold not think their owne judgements infallible; and therfor, upone better informatione, might recall what they had done; that sum of their Lordships had many tymes given their friendlie advyce to diverse of the Supplicants anent their cariage, and so they wer bound againe to advertise them of what they wer lyke to doe amisse; and speciallie that they sould not wrong them, who wer their friends and servants; and the rather that they wer assured the most pairt of the Counsell had not done it expresslie, nor had ever considered that it gave a sort of approbatione to these novationes generallie complained upone, did condemne the Supplicants proceidings as disorderlie, deserveing punishment, and declare the acceptance of the Proclamatione as satisfactorie to all had bein complained upone, and that they had no reasone as yit to be sattisfied. The Commissioner seimed not willing at that tyme to give them sattisfactione; yit the 176 Supplicants delyvered unto him a copie of the Reasones, and both gave copies and informed the Counsellers of their prejudice by that Act, what burthen it laid on the Supplicants before all the world, which was so much the heavier that it proceidit fra the Counsell of the kingdome; and how it did reflect much on themselves, as not being according to their owne judgements, and, if rightlie considered, could not be verified.

The 6 July, the Supplicants resolved a tuofold persuite against the President and Clerk Register; One before the Commissioner, for faults alleadged committed in their places, Another criminall befoir the Justice, for sowing seditione betuixt the Kings Majestie and his subjects, according to the Act of Parliament . Therfore they drew a Bill to the Commissioner, craveing warrand from his Grace to summond them before him, to hear the said crymes proven, and them punished. They craved his Graces warrand to the Kings Advocat to concurr with them in the criminall persuite, purposeing, upone the dependence of these persuits, to propone their Declinatour, or, if the persuits wer denyed, to take instruments upone the refuisall, and to propone their Declinatour upone the instruments of dilligence.

The contents of the Counsellers Act, ratifieing the Proclamatione, being then spread, had begotten such universall discontent and resentment of a wrong done by the Counsell to the Supplicants, as they who went down with the Bill to the Commissioner wer most speciallie enjoyned to expresse the same, and desire his Grace to convein the Counsell the nixt day, that so the Supplicants might fullie demonstrate to his Grace and them the prejudice of that Act, and might obtaine it to be destroyed; and if he did refuse to call the Counsell then presentlie to shew himselfe the whole evills of the said Act, and to go to all the Counsellers, and signifie the same, offering to improve it, as not containeing truth; to declare fra the whole Supplicants that they conceaved the imputationes laid upone them by it to be als great ane act of enmitie as if they wold seek the destructione of their lives and fortunes, and to desire them either to rescind it or instruct the truth of it.

When the Supplicants wer presenting the Bill against the President and 177 Clerk Register to the Commissioner, he desired them, since the mater was of great importance, and concerned publict officers, to desist fra that persuite till his returne, as being most convenient for their bussines: wherto they yeildit, and shew how willing they wer to obey his desires in any thing that concerned their estates; bot that the mater of conference and credit was dearer to them then all the world, which they conceaved to be much concerned in the last Proclamatione, and more in the Act of Counsell ratifieing the same; and therfore humblie desired his Grace to assigne sum tyme the nixt day for the Counsell to meit, that they might present to his Grace and the Lords of Counsell the heavie prejudice they sustained therby, and bitter grievances aryseing therupone, which they could not so convenientlie do by word as by Supplicatione to his Grace. The Commissioner assigned the nixt day for their hearing.

On Fryday, 6 July, Montrose president. The Commitie for the Declinatour mett, and resolved upone ane Informatione anent the Declinatour to be proponed against the President and Clerk Register, as followes:

Wher we ar to pursue the saids persones, To compeir before his Grace to hear the saids crimes proven, and them punished with all rigour, conforme to the Acts of Parliament; Nixt, wher they are challenged for lying betuixt the King and his subjects, and being airt and pairt in the introductione of novationes, To raise ane persuite before the Justice-Generall for the same at the instance of the Supplicants, with recourse to the Kings Advocate to concurr; Nixt, upone the dependance, To propone the Declinatour upone these instruments of dilligence, which is equivalent to dependance.

This course being resolved upone, the Laird of Durie was appoynted to draw up the bill to the Commissioner; which he did, according to the tenour followeing:

Please your Grace, Wee, Noblemen, Barrones, Burrowes, Ministers, and Commones, subscryvers of the Confessione of Faith, humblie meanes ourselves unto your Grace, as his Majesteis Commissioner, shewing that our gratious Soveraigne his royall predecessors of worthie memorie, and Estats of this Realme, being sensible of the benefit of justice sincerelie exercised, have not onlie established judicatories lawfull for the administratione therof; bot likewayes find it necessarie, by sundrie lawes and acts, to provyde against the prejudice which might come by the corruptione 178 of judges, who might carie themselves dishonestlie, and take brybes in the discharge of their functiones, makeing them therby justlie punishable, being challenged by his Majestie, and found guiltie; and we knoweing assuredlie that Sir Robert Spotswode of Donypeace, Knight President of the Colledge of Justice, and Sir John Hay of Land, Clerk Register, have frequentlie and dyverse tymes, themselves, their servants, and others, receaved money, gifts, or brybes from his Majesteis leidges haveing actiones and causes depending before the Sessione, contrair to conscience and honesty, and their dutie, lawes and Acts of Parliament of this kingdome; lykeas, Wee heirby offer to prove and qualify the same sufficientlie before your Grace, as Commissioner to his Majestie, who, by Act of Parliament, is declared to be judge heirof: Therfore, Wee humblie beseech your Grace, as representing his Majestie, to whom we are commandit to present our Petitiones of this kynd, to give warrand and command to cause summond the saids two persones, and everie one of them, to compeir before your Grace, to hear and see the premises sufficientlie verified and proven, to hear and see the saids Sir Robert Spotswood and Sir Johne Hay, and everie one of them, found and declared to be takers and receavers of gifts and brybes, and therfore to be punishable by the Acts of Parliament and lawes of this kingdome, and declared to be infamous, and incapable to bruik any office, honour, or dignity, or place within this kingdome, conforme to the lawes therof. And your Graces answer.

In the mean tyme, Southesk and Lorne wer dealling with the Noblemen to desist from the Declinatour. The Noblemen, efter consideratione, resolved not to desist upone their mediatione from the Commissioner, bot if the Commissioner himselfe sould desire it, when they gave in their bill; then upone his mediate desire to desist, he promiseing to accept it as a favour, and as a thing might much contribute to the good of their bussines, and enable him to do good in the same.

At efternoone, Dundas and Mr. William Cuninghame of Brounhill wer sent to the noblemen by the barrones, who deeplie resented the danger of the Counsells Act approveing the Proclamatione. Mr. William Cuninghame represented to the noblemen what great prejudices were sustained therby, how their proceidings wer therby precondemned, the Book of Canons and Service-book approven, the High Commissione acknowledged a lawfull judicatorie, which onlie neidit a rectifieing, &c.; how the barrones had all of them solemnlie held up their hands, that if the Act wer not rescindit they wold press the Counsellers to subscryve the Confessione of Faith, and if they refuised, accompt them parties.

The 7 July, the Supplicants sent down their ordinarie number with their Supplicatione to the Commissioner; for althogh that they had heard that 179 the preceiding day efter their departeing from the Commissioner, the Lords of Counsell, conceaveing the prejudices of the Act complained on, had dealt so earnestlie with the Commissioner as they obtained the same to be destroyed: yit they could not find themselves secure except the same were rescindit, upone their Supplicatione and Reasones contained therein; upon which the Counsell might obtaine back from his Majestie the copie of the Act that was affirmed to have been sent to his Majestie immediatlie efter it was framed, which they feared might be divulged abroad, to persuade the world that the Counsell of Scotland disapproved their proceidings. They wer therfore the more earnest to have the same recalled, and that the Counsell sould declaire by Act that they had given no further approbatione to the Proclamatione than by their subscriptiones to give warrand for proclameing his Majesteis owne pleasour to his subjects. These who went down to the Commissioner haveing got this commissione from the rest of their number, told the Commissioner, That they, being heavilie grieved with the late Proclamatione and Act of Counsell ratifieing the same, had drawn a Supplicatione for representing to his Grace their just grievances against them, both which they declaired. It was of the tenour followeing:

That wher the importance and equitie of our cause, his Majesteis just and gratious dispositione, our patience and long long attendance, our continuall care to give most ample testificatione of that humble dutie and high respect which, under his Sacred Majestie we have borne in our breast to your Grace, and to the Lords of Counsell, and the divyne power and providence of God, so sensiblie manifested in our so peaceable, so orderlie, and so successfull proceidings, that it is a wonder that any, haveing observed from the beginning the good hand of our God for us against our adversaries, sould be found so averse as not to joyne in heart and conscience with us. All these and each of them did promise unto us the sattisfactione of our desires, and redress of our evills; yit by the late Proclamatione, and extraordinarie approbatione therof in Counsell, our grievances are much increased, and our Complaints multiplied: For, first, the Service-book, which, by the Proclamatione February 19, is highlie approven as a meane to maintaine the true religione, and to beat out all superstitione, is by no word of this Proclamatione, June 28, disapproved, bot the practise thereof onlie discharged for a tyme, till a fair and legall way may be found for pressing there of. It is declared by this Proclamatione that the Judicature of the High Commissione may stand with the lawes of the kingdome; it giveth no hopes that the Articles of Pearth salbe abolished, bot rather holdeth us in fear to be pressed with them; it hath no word for trying or censureing, the Prelates, although they be knowne, according to our Complaints, to be chief incendiaries in this combustione, and to be enemies to Religione, King, and Countrie; no certaintie given of the 180 holding of Generall Assemblies, nor of lawfull libertie to be used therin, bot rather fears of the contrarie; the innovatione of religione and Popish superstitione complained upone by us are not so much as acknowledged to be innovationes or superstitiones, bot rather to be remeadies of superstitione, and meanes to establish the true religione; and finallie, not only our orderlie and peaceable meittings, which to your Graces full sattisfactione we have justified, are supposed to be such disorders as deserves to be remeadit rather by a powerfull then persuasive way: Bot the sinceritie of our intentiones is so farr taxed, as if the Service-book wer onlie pretendit to be the occasione thereof, althogh the Lords of Counsell, in their instructiones to the Judice-Clerk, 5 March, desire that it may be [re]presented to his Majestie that the Service-book, Canons, and High Commissione, are the occasione of this combustione. 2. That which grieveth us much more, and giveth us just cause of most bitter complaint, that the Lords of Counsell, who are the most proper judges of disorders, tumults, and rebellione, sould not onlie professe their owne obedience to and thankfulnes for that which is granted by his Majesteis Proclamatione; bot that also, by their Act of Counsell, July 4, they have judiciallie declared, that all his Majesteis subjects ought to rest sattisfied therwith. By which doeing, 1. They have indicta causa condemned us and our proceidings, according to the tenour of the Proclamatione, of great faults and disorders, of blind obedience and running headlong in our owne ruine, of deserveing by his Majesteis power:—2. They have, according to the tenour of the Proclamatione February 19, confirmed by them at this tyme, condemned our meittings of treason, and our proceidings since that Proclamatione to be an increase of disorders, and thus have not obscurelie given out their sentence of our deserved punishment: 3. They have heirby confirmed all our adversaries misinformatione and calumnies, for which they were to be persued criminallie, and have justified before all men the notable injuries which we have sustained this tyme past: 4. They have stopped the course of his Majesteis grace and favour, which might have been expected by new informatione, unto which, by passing their sentence against us and our proceidings, they have now left no place: 5. They have provocked his Majestie to use his power against us as a disobedient people, that we may be brought to deserved ruine and perditione: 6. They have before the tyme made knowne to the world their judgement, and what will be their part if the King (as God forbid) sall proceid against us, his good subjects, with the executione of his threatnings, since they know that we have protested, and cannot rest sattisfied with his Majesteis Declarations. We perceave here a world of evills and many horrible consequents of this approbatione, by which, quyte contrarie to our hopes, we are put in farr worse case then when your Grace come hither; and therfore we do most earnestlie and humblie Supplicate that sum course may be speedilie taken, either by rescinding the Act, and testifieing that their subscriptione to the Declaratione is no approbatione therof, or by giveing their publict testimonie to the cause which is commone to them with us, or by sum other sattisfactorie meane, for preventing of such extreamitie as may be grievous to us all; and that they wold forbear to do any thing, whether by letter or any other way, which may witnes their approbatione of the forsaid Declaratione in tyme comeing, or which may condemne or put any aspersione upone our proceidings: bot that they may be pleased to interceid with his Majestie for the speedie indictione of a free Generall Assemblie and Parliament, as the only readie meane to redress our many pressing grievances, and to settle the peace of this kirk and kingdome. And your Graces answer.

181 The Supplicants haveing expressed their desires before mentioned of ane Act to rescinde the former, of obtaineing the copie of the Act back from his Majestie, &c., the Commissioner shew the Act had never gone to his Majestie, neither any extract therof; and that the principall was never booked, only writen over, and now rent in pieces; that he had only in a letter written the contents of the Act to his Majestie, and no further; that ther was a letter drawne to be sent, which did not please the Commissioner, bot was mendit; and thogh it was now readie, yit it sould be stayed, so that ther neidit not any Act to rescinde that which was not, neither any other letter, since that they mentioned went not. The Supplicants requireing ane Act from the Counsell, to declare that the subscryveing of the Proclamatione was not ane approbatione thereof from them, bot onlie a warrand for proclaiming of it; sum of the Counsell being ther, answered, The Lords of Counsell and Sessione did subscryve many warrands to their Clerks for registrating the Kings Majesteis letters and declarationes, when they did not alwayes assent in judgement therto; that it had bein ever in custome, and that their selves had subscryved that Proclamatione onlie to be a warrand to the Clerk to put it in register, that he might give out warrand to the Herauld to proclaime it, and did nowayes, by so doeing, allow or disallow it, neither did that Act tye any mans judgement. The mater was debated at length before the Commissioner. In end, the Counsellers denyed to give any such Act as to acknowledge their subscriptiones in such cases to import their consent; bot declaired, by their signing the Kings Declaratione, they intendit no other thing bot to give warrand that it might be published, as the Kings Majesteis owne pleasour, which the Supplicants behoved to accept.

The Commissioner at that tyme desired the Supplicants, first, That in his absence ministers that wer not covenanted sould not be deposed: 2. That people sould not be forced to subscryve the Covenant, that no unlawfull nor hard meanes sould be used to persuade or enforce them to it: 3. That they sould not refuise to pay ministers who wer not covenanted their stipends: 4. That since he had stayed longer than he expected, they wold not think it a breach if he took sum longer tyme than his first appointment. They 182 answered to the first, That no ministers wer deposed; if any wer suspendit, it was not by violence, or for not subscryveing the Covenant, bot according to the lawes of the Kirk, for other causes, such as sould be made good to his Grace at his returne: 2. That none wer forced to subscryve, onlie they wer persuadit by good reasones, and the mater was so holy, that they held it irreligious to use wicked meanes for advanceing so good a work: 3. That these who were refuised their stipends had procured the same themselves, by railing upone their people; therfore desired his Grace might take course for repressing thereof, and then the other wold follow: 4. The Supplicants agreed to the 12 August designed by the Commissioner himselfe for his returne, earnestlie beseiching his Grace to deall effectuallie with his Majestie for bringing all to ane quiet issue, as he loved religione and his countrie, and to report their loyaltie and faithfullnes to his Majestie; and so parted. That efternoone, tuo or three of the number wer sent to the Commissioner to propone their humble desires, 1. That his Grace wold deall with his Majestie that the merchants free tradeing sould nowayes be stopped: 2. And that the intercepting and opening of letters sould be tryed and punished, since all letters so opened wer againe closed with Witherintone, the postmaster, his seall, that they might have free passage: 3. That he wold shew his Majestie how much prejudice the subjects sustained by the granting of protectiones: 4. That ministers stipends might be paid by these who have not subscryved the Confessione of Faith: 5. To deall that the Act of Counsell dated July 5, and intendit for removeing the Service-book and Book of Canons, and all scruples, sould be also rescindit, offering to prove it alse prejudiciall to the desires of the Supplicants; the copie of it followes:

At Halyrudhouse, 5 July, 1638:

The Lord Commissioner and Lords of Secret Counsell, haveing, upone the 4 July instant, published bis Majesteis Declaratione anent the Service-book, Book of Canons, and High Commissione, and being informed that his Majesteis Declaratione is not so cleirlie understood as is necessar, Therfor, and for removeing all scruples which may aryse to any of his Majesteis good subjects anent his Majesteis Declaratione forsaid, declares, That it is his Majesteis gracious pleasour, lykas his Majesteis Commissioner forsaid, and Lords of Secret Counsell, abrogates and discharges the said Service-book and Book of Canons, and inhibits all use and practise therof, by whatsumever 183 persone or persones, of whatsoever qualitie, ecclesiasticall or civile within this kingdome, anent the Act of Counsell made in the month           1636, and another made in the month           1637, with the warrands wherupone the same proceids, and Proclamationes following therupone, anent the premises or any pairt therof, with all other Warrands, Acts, and Proclamationes made theranent; and declairs the same to he now, and in all tyme comeing, null; and as for the High Commissione, the Lord Commissioner and Lords of Secret Counsell finds themselves warrandit to discharge, lykas, be these presents, they do discharge all use, practise, and exercise whatsumever of the High Commissione past heirtofore; and declairs all his Majesteis leidges, of whatsumever qualitie, free from all compearance before the Judges of the said High Commissione, and discharges the saids Judges of all proceiding against his Majesteis subjects by virtue therof in tyme comeing, till his Majestie so rectifie the same as nothing therin sall impugne the lawes of this kingdome, nor be a just grievance to his Majesteis good subjects; and ordaines Proclamatione to be made hereof at the Mercat Croce of Edinburgh and other places neidfull, wherthrow none pretend ignorance of the same.

For attending at Edinburgh untill the Commissioners returne the first fourteen days, beginning on Monday the 9 July, wer appoynted of noblemen, Yester, Balmerinoch, and Forester; for the nixt fourteen dayes, Lothiane, Dalhousie, Cranstone; and besides these, eight noblemen for the said month, viz. two weeks fra Monday 9 July, till Monday 16, Garlies and Home; fra 16 to 23, Fleeming and Boid; fra the 23 to the 30, Sinclare and Montgomrie; and fra the 30 July to 7 August, Drumlanrig and Johnestone.

Sunday, 8 July, at night, Rothes went doune to the Commissioner, who asked if he had any directione to give him or any thing to say to him. Rothes answered, Nothing bot to kiss his hands, to wish his Grace a good journey, and happie success in a mater which concerned the glorie of God and the good of the kirk and countrey, which might procure a blessing to himselfe and endeare the peoples affectione to him; to entreat his returne with convenient diligence, and notice from him what they might expect efter he had preased to informe his Majestie aright. He told him, He had onlie bethoght sum little undisgested paper for his Graces private use, which he had begun to scrale over at 6 hours in the evening, and now was awriting over againe, fitting to be exprest by his Grace, and not to proceid of them to his Majestie. He seimed to expresse that their proceidings wer such as wer hardlie excuseable, and that they wer so peremptore that they wold not be content except they got all their desires, without looking to the 184 preserveing the Kings honour, or granting to him any thing he desired. Rothes affirmed they wer readie to give him all his desires, provyding they did not encroach upone their duties to God and their countrey. He seimed extreamlie offendit with my Lord Montrose his goeing to the North, and laid, It might be the King wold send a ship to Aberdein to mar their proceidings there. Rothes told it was no breach, for he went not to compell any, bot to persuade sum. Takeing leave of him, he delyvered the Informatione, wherof the copie followes:

All the Desires of the Supplicants resolves on ane Generall Assemblie and Parliament, these being the meanes to cognosce and redresse the whole particulars.

The Subjects grieves being just, and craveing redress in the ordinarie legall way, cannot weill be refuised, since the delay to repair so important grievances concerneing religione and the liberties of the countrie is a verie hard course befor God and the world; and my Lord Commissioner knoweth now by experience that the mynds of all are exasperate therby, conceaveing the one part of the neglect to concerne God in his worschip, the other almost the whole estates and people of the land; delay begetts the opinione they are slighted. This drawes on a consideratione of the eminence of their cause, the cleernes and lawfullnes of their warrand to follow it, not as private persones or a pairt of the kingdome, bot as the collected and a more full number nor ever was joyned formerlie in any of the greatest and most publict actiones; so that the more they are delayed the more they are exasperate, and moved to consider that Gods truth, the whole subjects, and their liberties, are so considerable as not to be neglected, bot that present and full sattisfactione is due from his Majestie, considering his relatione either to the King of Kings or the whole subjects and bodie of this kingdome, over whom he is sett for good.

The delay to repair giveth the more tyme and occasione of thoghts, wherby his Majesteis authoritie will be alwayes loseing, which wold be speedilie prevented.

They are so farr from the thoght of rebellione, falselie imputed unto them by their adversaries, as they have continuallie, since the begining of this bussines, profest, as their chiefe desire, the happines to be ruled by their Soveraigne, according to the lawes of God and this natione; neither can there be any ground of such thoghts, ther being none that can suppose themselves so happie in any other kind of government, as the foresaid under his Majestie; neither can the most envious find in them any particular ends of benefit or revenge; neither can that holy professione which they labour to retaine admitt such tenets; neither can any of their actiones declair other than great regaird to their Soveraigne, and speciallie that of their Covenant, where the respect of him and his lawes is placed nixt to God and religione. If his Majestie sould intend to withdraw or diminishe any part of that just power given by God to the Assemblies of His Church upone earth, it wer to break marches with that High Majestie, and no better success sould follow theron then such as appeareth this day by the like former practise, which hath occasioned his Majestie much discontent and many griefes, and heavie losses to the subjects. Their owne freedome, haveing alwayes there dutie both to God and his Majestie in their mynds, sall bring furth those effects tending to Gods honour, his Majesteis comfort, and stabilitie to him and his royall posteritie; truth and religione being alwayes accompanied with blessings from God, and is the surest band of subjects obedience.

185 If his Majestie sould be moved be misinformatione (whence they think all thir evills have proceedit) to force their obedience to unlawfull things by externall power, how farr is that against the goodness and justice of his nature! how admirable sall that be in the eyes of the world, to whom the subjects wilbe forced to make it knowne! and how censurable before God Almightie, to bring trouble to himselfe, danger to his other subjects, and so a weakening of his own strength, and a loseing of the affectiones of his antient and native subjects! So makeing way to the revenge of the French on Ingland, and to the treacherie of the Spaniard on Ireland, their naturall and bound fidelitie being a hinderance of both these, and to such of the subjects as wold be unfaithfull either in England or Irland; their obligatione to his Majestie being enlarged by 105 degrees more then these of the other two kingdomes.

Copie of the Kings Letter to the Toun of Aberdeen.

Charles Rex.

Trustie and weill-beloved, We greet you weill. Haveing understood how dutifullie ye have caried yourselves at this tyme in what concernes the good of our service, and particularlie in hindering sum stranger Ministers fra preaching in any of your Churches, We have taken notice therof, and doe give you heartilie thanks for the same; and doe expect, that, as your carriage hitherto has been good, so yow will continue; assureing yow, that when any thing that may concerne your good sall occur, We will not be unmyndfull of the same. We bid yow fairweill. From our court at Oatlands, the last day of July, 1638.

Directed To our trustie and weil-beloved The Provest, Baillies, and Counsell of Aberdeen.

With the Kings letter, the Marquise of Hamilton sent a letter written by himselfe; the tenour wherof followes:

Verie loving freinds, I hold it my dutie to accompanie this his Majesteis letter with these few lynes, having heard since my comeing here of the great zeall yow bear to his Sacred Majesteis service, and lykwayes not onlie yow, bot your whole town, are still prest to subscryve a Covenant nowayes acceptable to his Majestie; and therfore, I, as his Majesteis Commissioner, do earnestlie requyre yow cairfullie to avert, and so farr as lyes in your power, in a fair and peaceable way, to hinder the subscriptione therof by any within your toun, as ye wold deserve thanks from his Majestie, and receive favours fra him as occasione sall offer. Thus, with my heartlie wishes for your prosperitie, I rest your verie loving and assured good freind,

Halyrudhouse, 10 August, 1638.            Subscribitur, JA. HAMILTOUN.

His Majestie writ a letter also to the Professours and Preachers of both Aberdeins; the tenour wherof followes:

Trustie and weill-beloved, We greet you weill. As we did, with great discontentment, hear of the carnages of those who call themselves Covenanters, in your cities which are your charge, so did We with als great contentment receave the newes of your discreit and peaceable 186 opposeing them; and though We have not yit had tyme to recommend the peruseing of your printed Queries to some of your prosessione, whose judgement We purpose to ask herein, yit, upone Our owne reading them, We find ourselves sattisfied; that we thoght good presentlie to signifie to you Our gratious acceptatione of the same, and that we hold them to be writen both with learning and a peaceable and moderate style, answerable to men of your places and professiones; assureing yow, that if ye continue according to your power in this way which ye have begun, yow sall heirin doe Us verie acceptable service, which sall not be by Us forgotten. Wherof We nowayes doubting, We bid you heartilie fairweell. From Our court at Oatlands, 4 August, 1638.

Directed To Our trustie and weill-beloved The Professours and Preachers of both Aberdeins.

With this from his Majestie was sent one also from the Marquis of Hamiltone to the Professours and Preachers of both Aberdeins; the copie wherof followes:

Reverend Gentlemen, So soon as I understood from the Marquise of Huntlie of the late proceidings at Aberdein, I dispatched unto his Majestie the samen; (for I mett with his Lordships packet on my way towards Scotland, and with all your printed Queries,) which how weill they are accepted by his gratious Majestie ye will easilie perceave by his Majesteis letter, which here I send yow. I hold it my part to let yow know, how acceptable to myselfe your whole cariages hath bein, and with what content I read both your first Queries, which I have sent to his Majestie; as lykwayes your second Reply, which I have receaved since my comeing here, and am now sending to my most gratious Master. In their Answer to your first Demand, I am infinitlie wronged by these three Ministers, who, without the least suspitione of truth, have averred that I was contented and weill pleased with that Explanatione of the Covenant, which was presented to me as ane humble Supplicatione of the noblemen and uthers Covenanters, and I being enjoyned by his Majestie to receave the petitiones of his subjects, and to give answer to them; bot to that I could give no answer, then that I wold acquaint his Majestie therwith, who has as yit returned none to them; though I will assure you his Majestie is far from receaving any satisfactione by that was contained in their Explanatione or Supplicatione, and just reasone hes he to think so of it; and what was my sense and speach [to those] that did delyver it dyverse of the Lords of his Majesteis Counsell can bear me witnes; most of the which number they have lykwayes wronged, by inferring untruths in their Answers to your Queries; and if justice be not quyt banished out of the land, I hope I sall not be denyed it against such false calumnies as they have raised of me. Your last book of Demands and Replies I purpose presentlie to print here; and yow shall hear that I will cleerlie vindicat myselfe from so foull ane aspersione. In the meane tyme, [I end] with my heartlie thanks for your learned paines, and your pious and peaceable style, and my earnest suite to yow for your constant continuance in the same as occasione salbe offered, with assurance that I sall be ane faithfull and favourable recommender of all your endeavours to our most gratious Soveraigne, as being the dutie of him so to doe, who will ever approve himselfe to be your verie respectfull freind,             Sic scribitur, JA. HAMILTOUN.

I care not how publict ye make this my letter.



188 189



The following brief notice of the several manuscripts used in preparing this work for the press, will, it is hoped, be not unacceptable to some Members of the Club. The text, as slated in the Preface, is given, with every attention to correctness, from MS. [A,] which has been preferred, as being the earliest, and evidently the parent source of the other MSS. described. No other copies than these are known to be preserved.

1. MS. [A,] 4to, pp. 363. Advocates' Library, Jac. V. 7. 23.

This volume appears to have been written soon after the period to which it relates; and probably was the first fair copy made from the detached papers of the Earl of Rothes. There is at least a presumption, that, if not actually the copy written for the Author, it once did belong to the family, as the initials L M L stamped on the boards are supposed to designate either Lady Margaret Leslie, the Earl's daughter, or his grand-daughter, afterwards Countess of Rothes.

From a note prefixed to MS. [D,] in the handwriting of Wodrow, it will be seen that he describes this manuscript as the Author's own copy; but upon what grounds he asserts this has not been stated. One peculiarity of this MS. is, that the private passages, put in for the Owner's private use, being those relating to incidents and conversations in which Lord Rothes was personally concerned, are particularly marked within brackets, and it may be of importance here to specify them. [Ed. note: line numbers are not preserved in this electronic edition.]

P. 4, l. 4, The Bischops called befoir them, &c. to the end of the paragraph, P. 5, l. 6, such as served their own diocies.

P. 6, l. 19, The letters written by the Noblemen, &c. to the end of the paragraph, P. 7, l. 12, writ to his Majestie.

P. 8, l. 21, Ther wer present at this meeting, &c. to the end of the second paragraph, P. 11, l. 7, no tyme to reasone.

P. 17, l. 31, It is to be observed, &c. to the end of the eighth paragraph, P. 23, l. 5, promised report.

P. 24, l. 5, According to K. James, &c. to l. 10 of the same page, indivydable lump. 190

P. 30, l. 17, On Monday 13, Rothes, &c. to the end of the third paragraph, P. 32, l. 15, and wold adventure thereon.

P. 52, l. 13, Upon the 29 December, &c. to the end of the next paragraph, P. 53, l. ult., at the rashe rigid censure.

P. 55, l. 19, Upone Fryday morneing, &c. to the end of the paragraph, P. 57, l. 2, said in jest, Rothes was madd.

P. 59, l. 29, Lothian and Balmerinoch, &c. to the end of the fourth paragraph, P. 60, l. 28, maketh a legall way.

P. 61, l. ult., The Earle of Rothes, &c. to the end of the second paragraph, P. 63, l. 2, and he wants his two sherifshipps.

P. 63, l. 16, The Supplicants appoynted, &c. to the end of the third paragraph, l. 24 of the same page, in the hands of nottars.

P. 64, l. 31, Ther was tuo parts of all Fyffe, &c. to the end of the third paragraph, P. 65, l. 23, they wer content to be gone.

P. 66, l. 5, Arthour Erskine, &c. to the end of the paragraph, l. 20 of the same page, the difficultie of the busines itselfe.

P. 66, l. 26, Arthour Erskine, Creich, &c. on to P. 69, l. 7, was thought on as the last act.

P. 70, l. 29, Upone Fryday, meiting againe, &c. to P.     , l.     .

P. 129, l. 27, The Supplicants resolved, &c. on to P. 152, l. ult., answer the nixt morning.

P. 157, l. 25, On Tuysday morning, 19 June, &c. on to P. 171, l. 31, and a scaffold was erected.

2. MS. [B,] 4to, pp. 330. Advocates' Library, A. 6. 40.

This Manuscript is in a handwriting, later by perhaps half a century than the preceding, from which there can be little doubt that it was taken, although the transcriber has thought fit to omit or to condense a number of Sentences or passages towards the close of the work. That this volume was copied from MS. [A,] appears to be conclusive from this circumstance, that the transcriber, by turning two leaves over instead of one at page 161, has omitted the next two pages of that MS., by which the passage is made to read on, If his Majestie (as God forbid) shall dislyke judges to the said nobilitie, &c.; thus omitting all between line 35 in page 85, and line 16 in page 86, of the printed text, being the concluding part of The Counsel's Instructions, 5th March,and the commencement of The Instruments, &c., at Stirling, 20th February.

3. MS. [C,] 4to, pp. 212. Advocates Library, Jac. V. 7. 7.

This copy is bound in the first volume of a Collection of Kirk MSS. presented to the Library in 1783 by John Swinton of Swinton, Esq. advocate, afterwards one of the Senators of the College of Justice. It appears to have been transcribed about the year 1700, from MS. [B,] with which copy it corresponds in the accidental omission of the two pages, and the retrenchments in the latter part of 191 the work, but without adhering to the orthography, which has been modernized. From a note in MS. [E,] it maybe inferred that this copy had originally belonged to the Rev. John Schaw, minister of Lesslie, in Fife. The punctuation, and a few occasional mistakes, have been corrected after the transcript was made. It may be added, that Mr Schaw was transported from Lesslie to South Leith in 1708.

4. MS. [D,] 4to, pp. 470. Advocates' Library, Rob. III. 2. 11.

The present copy, which was transcribed for the industrious historian Wodrow, and collated by him, is immediately taken from MS. [A,] as appears, among other peculiarities, in the transcriber having copied the marginal references to the pages of that MS., which are afterwards corrected in Wodrow's hand to suit this transcript. The spelling is modernized, but the work is complete, without any of the alterations in the two preceding copies. At the beginning Wodrow writes this note:—The margins all formed by me. The original under the E. of Rothes' hand, and what is in hooks ( ) is his additions. He was mistaken, however, in asserting this, as the MS. is certainly not in the Earl's handwriting.

5. MS. [E,] 4to, pp. 347. Advocates' Library.

This Manuscript, purchased at Mr. D. Constable's sale by Thomas Thomson, Esq. has since been transferred to the Advocates' Library. On the first leaf is written the following note by James Erskine of Grange, Esq. one of the Senators of the College of Justice:mdash;Edr.. July, 1725. This MS. was transcribed from a copy afforded me by Mr [John] Schaw, one of the ministers of South Lieth, and formerly minister of Lesslie, in Fife; his said copy, as he told me, having been transcribed from the original, which was kept at Lesslie, by John Lesslie, Earl of Rothess, last deceast, father to the present John Earl of Rothess, and who was [great-grandson] to the Earl that wrote this History or Relation. J.E.

From this it is evident, that Lord Grange's transcript was made from MS. [C,] as it not only retains all its peculiarities of omission, &c., but also adopts the minute corrections which were made on that copy subsequently to its transcription.

Another Work, of which there are various Manuscripts, may require to be noticed, as it has been supposed to be the same as the present. It is entitled, A True Relation of the Prelats Cariage for Introduceing the Books of Canons and Common Prayer, and other Novations, lately pressed upon the Church of Scotland, and of the Subjects lawfull Proceedings in opposeing the same. This title, however, applies to a portion only of the work; and as it 192 commences with the Historical Information of Proceedings, which appears in the earlier part of Lord Rothes' Relation, it is in this respect the same; but it contains none of the private passages, which give the chief value to his Lordship's work. The greater part of the Manuscript consists of copies of public letters and papers, arranged in chronological order, from August, 1637, to November, 1639; but without any indications by which we might ascertain the Collector. It is not improbable that the Earl of Rothes might have collected these documents; as it will be seen, from the following detailed list of the contents, that they are the letters and papers introduced or referred to in his work, during the period which it has embraced. And there will afterwards be occasion to remark, that his Lordship had probably only perfected a part of his contemplated undertaking of inweaving into one continuous narrative those documents illustrative of that eventful period of our history.

Of this Manuscript Collection it is not necessary to specify all the copies that are known. It will be sufficient to notice the three which have been chiefly consulted, and which appear to be the earliest and most complete. The first copy is a folio of 310 pages, containing besides a full narrative of the Proceedings of the General Assemblies, at Glasgow 1638, and at Edinburgh 1639, in 348 pages, which might be deserving of separate publication. This volume was purchased from the executors of the Rev. Matthew Crawford, professorr of Ecclesiastical History in the University of Edinburgh, for the use of the Church of Scotland, in the year 1736. The other copies are in the Advocates' Library, (A. 6. 7. and W. 6. 30. 4to,) bound up with MSS. of Row's Historie of the Kirk. The former of these contains also transcripts of various papers respecting the proceedings of the General Assemblies 1638 and 1639; the titles of which are not enumerated in the following list.






Page l. The first part of the Earl of Rothes' Relation consists of the Historicall Informatione of Proceedings, from July to December, 1637, and extends to page 42. This Historical Information (with the exception of the private passages, already specified, at page 189) was, no doubt, like many of the papers of that period, extensively circulated in MS., but never printed. Two copies are in the Editor's possession, each of them endorsed, in the well-known hand of Johnston of Warriston, A Relatione of our Busines in 1637 and 1638. In a quarto volume of MS. papers, belonging to Robert Graham, Esq. Advocate, this Information is said to be written By Rothese, 22 Dec. 1637. See, however, the Author's own statement, at page 52.

In the MS. Collections already described, the Documents, of which a List is given at page 192, are incorporated with this Information; in which several variations occur, and some of these will be pointed out. The first paragraph, for instance, in the printed text, is more condensed than the MS., which commences thus:—

There is so great antipathie betwixt the sinceritie of true Religione and the pompe and pride of Episcopall hierarchic, as the blessed Reformers of religione in Scotland did consideratlie abolische the government of Bischopes, as incompatible with the sinceritie of divine worschip. And since their restitutione and re-entering in this kingdome, their ambitione is growne to such ane height as they are not ashamed to change the reformed religion establisched by the lawdable lawes of this realme, and thrust sinceritie out of dores; they have neglected or rather rejected the conditions and caveats of their admissione, (purposely omitted by them out of the ratification thereof in Parliament) and have sinistrously obtained such an intolerable dominion, that (being comptable to no other judicature but Generall Assemblies, which they have alwayes corrupted or suppressed,) they censure at their pleasure, (no appeal being granted from them to the subjects greeved,) in judicatures not allowed by the lawes of this Estate: yet did they before thir latter times exercise their power somewhat spairinglie, (although by increasing degrees,) onlie in some few persones and in single constitutions. This doing by piecemeal, did make, &c.

Page 2, line 1. By printing and setting forth the Book of Canons, &c. The volume thus referred to was published under this title: Canons and Constitutions Ecclesiasticall, gathered and put in forme, for the Government of the Church of Scotland. Ratified and approved by his Majesties Royal Warrand (23d of May, 1685); and ordained to be observed by the Clergie, and all others whom they concerne. Aberdene, imprinted by Edward Raban, 1636, 4to, pp. 43. By these Canons the whole structure of ecclesiastical policy observed in Scotland was at once overturned. Bishop Juxon, in a letter to Maxwell, Bishop of Ross, 17th February, 1635-6, says, With your letter of the 6th of this month, I received 197 your Book of Canons, which, perchance, at first, will make more noise than all the cannons in Edinburgh Castle. But the observance of them not being strictly enforced, no public disturbance was raised, as anticipated. Baillie refers to a letter written by him on the 6th of March 1636, at the first publishing of the Book of Canons.—(MS. Letters, i. 105.*)

Page 2, line 8.—Proclamation, 20th October.—This is a mistake in the Manuscripts. The Act of Privy Council which authorized the Service Book is dated 20th December, 1636, and proceeded upon the King's Letter, 18th October. This Letter, which is preserved in the Register of Privy Council, is also inserted in Baillie's Letters, MS. i. 108, and printed (but not very correctly) in Sir James Balfour's Annals, ii. 224. On the 21st December, the Act of Privy Council was proclaimed at the Cross of Edinburgh with sound of trumpet, as appears from the attestation of John Douglas, Maisser, on the back of an original copy of the Proclamation, signed by Ja. Prymrois Clerk of the Privy Council, which is in the Editor's possession. The Proclamation itself has been often printed, and is prefixed to the Service Book; but this measure was rather premature, as the printing of the work was not completed till April or May, 1637.

On this subject Baillie writes on the 29th January, 1637:—Yet to this day we cannot gett ane sight of that book; the reasone some sayes, because our Scottish editione is not yet compleatly printed; I would rather think that some of our Bishops makes delay, as not being at a full point themselves what they would have in, and what out: I know much of it wes printed in Edinburgh before Zuill was a year. (MS. Letters, i. 2.)—In another place, referring to the Proclamation which enjoyned on all subjects, ecclesiastical or civil, to conform themselves to the Liturgy against next Pasche, or Easter-day, the 9th April, he says, Till that terme there was no dinn, for the books were not printed till Aprile was past; and a while thereafter, no diligence could obtaine a sight of them. (i. 15.)—And again he informs his correspondent, that It was well near May ere the books were printed; for as it is now perceaved, by the leaves and sheets of that Booke, which was given out athort the shopes of Edinburgh, to cover spyce and tobacco, one edition at least was destroyed; but for what cause we cannot learne, whether because some gross faults was to be amended, or some moe novations was to be eiked to it: both reasones are likely; only it is marvellous that so many being conscious of necessity to this deed, the secret of it mould not yet come out.—(i. 127.)

Page 3. The tumult in the High Church of St Giles's, Edinburgh, on Sunday the 23d July, 1637, may be considered as the first public manifestation of that 198 hostility to the religious innovations introduced under the authority of Archbishop Laud, which being once kindled into a flame, spread like wild-fire through all parts of the kingdom. Although this tumult is but slightly alluded to by Lord Rothes, the Reader may not be displeased with the following detailed account by an anonymous satirical writer, which was published in writt in August thereafter. It is contained (with occasional variations) in many MSS., and frequently referred to; but, it is believed, has not hitherto been printed.

A Breefe and true Relatione of the Broyle which fell out on the Lords day, the 23d of July, 1637, through the occasion of a black, popische, and superstitious Service Booke which was then illegallie introduced and impudentlie vented within the Churches of Edinburgh.

Although it were more expedient to weepe in secret then to vent any thing in publict, yet, when Gods Ark is in danger, no pen should lye idle. Who has not heard of the abominable Service Booke which hath lately been brought in amongst us, and which, if it get settling, will shoulder foorth Divine truth? Who is ignorant of the malicious invectives which have been made in pulpets against all zealous opposers to such unwarrantable devotione? It is a true saying, that some, in matters of question, care not to forgoe the feast of a good conscience modo victores abscedant, soe they may gaine their supposed victorie. I wish this may not prove true in some state Divines and temporizing Pastors now-a-dayes. Judge ye, then, if it be time for us to be silent, when Romes favorites are soe foreward for the principles of Poperie.

In the last Synod, which was holden in the Colledge Church, the Bishop of Edinburgh and his associats concluded and ratified be ane Act, that nothing should be done anent the said Booke till September next to come. This protracting of time seemed to be granted as a benefite to the sincearer sort of the Ministrie, that they might the more rypelie be advised in giving their full and final answers thereto. Nevertheles, contrare to their owne determinatione, wee may see how they have anticipat the time. And no mervell: For they who ar false to God can never be true to men. But behold how it hes beene receaved, and what fruite it hes produced!

In the Greyfriers Church, when it was first presented, there was such a confused exclamation, such extraordinary gazing, (for that was the greatest reverence which was there given to that Babylonishe service,) such wringing of hands, and such effusione of eye-streames, that Mr. James Fairlie, one of the ordinarie pastors, (now Bischope of Argyle*) was forced to put an end to that patched worke before he had scarcelie begunne the same. To make the birth and death day of each corrupt Novatione of alike proximitie and nearnesse will prove, I hope, a most singular antidot against all such unrighteous proceedings.

In the Old Church there was great malecontentment and a wonderfull sturre: many mouthes were there opened to the Bischops disgrace. False antichristian, wolfe, beistlie bellie god, and craftie fox, were the best epithets and titles of dignitie which were given him. The Dean, Mr. James Hanna, was mightilie upbraided. Some cried, Hee is a sonne of a witches breeding 199 and the divels gett. No healthsome water can come foorth from such a polluted fountaine. Others cryed, Ill-hanged theefe! if at that time when thou wentest to court thou hadest beene well hanged, thou hadest not beene here to be a pest to Gods church this day. One did cast a stoole at him,* intending to have given him a ticket of remembrance; but jouking became his safegaird at that time. The Church was immediatelie emptied of the most parte of the congregatione, and the dores thereof barred at commandement of the secular power. A good Christian woman, much desirous to remove, perceaving she could get no passage patent, betooke herselfe to her Bible in a remote corner of the church. As she was there stopping her eares at the voice of popische charmers, whome she remarked to be verie headstrong in the publict practice of their antichristiane rudiments, a young man sitting behind her beganne to sound foorth Amen! At the hearing therof, she quicklie turned her about*, and after she had warmed both his cheekes with the weight of her hands, she thus schott against him the thunderbolt of her zeal: False theefe! (said she) is there no uther parte of the Kirke to sing Masse in, but thou must sing it at my lugge? The young man, being dashed with such ane hole unexpected rencounter, gave place to silence in signe of his recantatione. I cannot here omit a worthie reproofe given at the same time be a truely religious matron; for when shee perceaved one of Ishmaels mocking daughters to deride her for her servent expressiones in behalfe of her heavinlie Master, shee thus sharpelie rebuked her with an elevated voice, saying, Woe be to these that laugh when Zion mournes.

When that forenoones convocatione and meeting was dissolving, Togatus Homuncio, a little man with a goune, one who of his owne accord had adjoyned himselfe as a speciall actor in the former superstitious exercise, (God's service or worship it deserves not to be called,) got his back bones and bellie full of no small buffeting distributions. His goune was rent, his Service booke taken from him, and his bodie so pitifullie beatten and bruised, that he cryed often for mercie, and vowed never afterwards to give his concurrence to such clogged devotion. The Bischope, in the meane tyme, thought to have removed himself peaceablie to his lodging, but no sooner was he seene upone the streets, when the confused multitude rushed violentlie upone him, and furiouslie pursued after him with railing and clodding; and if their hands could have beene als active as their minds were willing, they had doubtlesse demolisched the great butt which they aimed at. The Bischop perceaving himself to be the cheefe object of the peoples furie, was forced suddenlie to have recource to a citizens house by the way. A female servant of that familie, taking notice of his coming, made the dores cheeks and his mouth to be bothe in ane categorie, wherupone his greatnesse was straitned with such danger, that he had never more neede to have put the Popes keyes to trial!. A certane woman cryed, Fy, if I could get the throple out of him! And when one replyed, that Though shee obtained her desire, yet there might perchance come one much worse in his roume.. Shee answered, After Cardinall Betoun was sticked, wee had never another Cardinall sensyne. And if that false Judas (meaning the Bischop) were now 200 stobbed and cutt off, his place would be thought so prodigious and ominous, that scairce any man durst hazard or undertake to be his successour.

These speeches, I persuade myselfe, proceeded not from any particular revenge or inveterate malice which could be conceived against the Bischopes persone, but onlie from a zeal to Gods glorie wherwith the woman's heart was burnt up: for had she not decerned the image of the Beast in the Bischopes bowels of conformitie, shee had never sett against him with such a scharpe tongued assault. Mr. Alexander Thomson, commoun pastour of the Old Church, and David Mitchell, merchant, were very officious to the Bischope, and backed him the cheefe time of the broyle. Good reason the Bischope make them scharers of his best dainties and delicats, seing they were content to be sharers of his ignominie and shame.

The Bischope was afternoone accompanied to the Old Church againe with a great gaurd, and the doores were closed, and no women permitted to enter. Mr. Alexander Thomson did read several collects of the Service Booke a litle before his afternoones sermon, and if the church doores had not beene well fenced with the Magistrats and utheris, hee had questionles beene pulled out of the pulpit with violence. But if hee continue to read such babling rapsodies, hee may have just cause to feare that a constrained delay can be no good securitie, and that hee shall get a ragged rewaird for his ragged service.

About the evening, the Earle of Roxburgh receaved the Bischope with himselff in coatch, and tooke the protectione of him till he come to the Abbey; but he got many a stone by the way, propter vicinum malum, for an ill neighbour. And if the coatch had beene alse sensibill as the Bishope was made fearfull, I am sure it would have cryed out with many a bitter lamentation. A Nobleman beholding the numerous multitude which ranne after the coatch, tooke occasion thus mirrilie to break his silence: I will writt up to the King, (said hee,) and tell him that the Court is here changed: for my Lord Traquare, Treasurer, used ever before to get the greatest backing, but now the Earle of Roxburgh and the Bischop of Edinburgh have the greatest number of followers. The Coatchman receaved plenty of hard lapidarie coyne for his drink silver. And the Bischop was redacted, if all be trew quhilk was reported, to such a point of backside necessitie, that (as may be supposed) hee never in his lifetyme got such a laxative purgation; for requytal of the paines of his open-handed apothecaries, hee franklie bestowed upone them all the gold of his Low countries; yea his Lordships charitie did soe farre abound, that hee gave out both his grit and privie seales without gaine. Howsoever it was constantlie affirmed, that when he come out of the coatch, he apprehended such danger, (notwithstanding of the guards that was about him,) that no man could endure the flewre nor stinking smell of his fatt carcage. The commoun proverbe sayeth That dirt boddeth luck; but truelie it would appeare that the Bischope, be his cariage, did almost improve the same, for in his late seditie hee was soe assaulted with feare, that he tooke dirt rather as a precedent of some imminent, yea of some incumbent fatalitie. The Bischops footman and his mantled horse receaved for their Lordlie Masters sake many stonie rewardes upone the hie way that evening: there needed no collectors to gather up the peoples liberalise at that season; for since the first Reformation of religion, our Prelats and church Canonists got never readier payment.

Frome Stonefield, at the signe of the Flaming Fire which might have burnt up the Bischop of Argylls houss, the day of his solemn festivall consecratioun, being the eight of August 1637.

201 It may be proper to remark, that Mr Brodie, in his history of the British Empire, quotes the preceding narrative as if written by Sir James Balfour of Denmyln; but in this he certainly is mistaken, as we presume he had no better authority than that a transcript in Sir James's handwriting was among the Denmyln MSS. in the Advocates' Library, which at present is mislaid or lost.

Page 3.—Proclamation, 24th July.—Some notes regarding the subsequent proceedings occasioned by this tumult may be here introduced. It was intended to have illustrated other parts of the text of Lord Rothes's Relation by similar references, or copious extracts from the public records and other original documents; but it was found that any thing beyond partial illustration would have swelled the work to a disproportionate bulk.

In the Register of Privy Council, 24th July, is recorded an Act anent the uproar on the Lords day, and in the Lords house, of a number of base people, who, in a rude, barbarous, and seditious way, did, with foule mouths and impious hands, oppose themselves to his service, &c. On the same day, an express was sent from the Chancellor Archbishop Spottiswoode and the Bishops, giving an account of that tumult, not without reflections, we are told, on the Treasurer the Earl of Traquair, who was out of town that day. These reflections cast upon Traquair by the Bishops were repaid by him, with interest, declaring the folly and misgovernment of some of the leading men amongst them. (Letter to the Marquis of Hamilton, on the 27th August, in Burnet's Dukes of Hamilton, p. 31; Rushworth's Collect, ii. 391.) Archbishop Laud, in a letter to Traquair, on the 7th August, speaks of his Majesty having taken it very ill that the business concerning the Service-book had been so weakly carried; complains of the Scottish Bishops not having obtained the concurrence of persons in authority at first to have countenanced the Service; blames them for interdicting the practice till the King's pleasure was known, and for their disclaiming, at a meeting of the Privy Council, the Book as any Act of theirs, but as it was his Majesties command; and concludes with asking, Will they now cast down the milk they have given because a few milkmaids have scolded at them? Rushworth, ii. 389.

The following extracts relating to this affair are transcribed from the Register of Privy Council:

Apud Edinburgh, 4 August, 1637.

Chanceller, Winton, Dumfreis, B. Edinburgh, Justice Generall,
Thesaurer, Wigton, Southesk, B. Gallouay, Deputie Thesaurer,
Glasgow, Kingorne, L. Lorne, B. Brechin, Advocat,
Privie Seale, Annerdaill, L. Alexander, Clerk Register, Sir R. Gordoun.

202 The whilk day the Missive Letter underwritten, signed be the Kingis Majestie, and direct to the Lords of Privie Counsell, wes presented to the saids Lords, and read in thair audience. Of the quhilk the tennour followes.


His Majesteis Missive anent the uproare. Right Reverend Father in God, and right trustie and weilbelovit Cousines and Counsellers, and right trusty and weilbelovit Counsellers and trustie and weilbelovit, We greit yow weill. Having understood that in the churche upon Sunday last, when the Forme of divine Service appointed to be receaved wes begun to be read in the churche, a number of rude and base people did rise and behave thaimeselffes in a most tumultuarie maner, both within and without the churche, as we doe not doubt but hath beene particularlie made knowne to yow all, whiche is so barbarous, disorderlie and evill, both in itselfe and by the example, that it doeth deserve to be severelie punished. It is Our pleasure that you use your best endeavoures to examine who are the authors or actors in that mutinie, and that yow faile not to punishe anie that sall be found guiltie thairof, as yow sall find thame to deserve; and lykwayes that you concurre with the Clergie, by strenthening thame in that, whiche Our auctoritie conferred upon yow may contribute unto thame for setling the said Forme of divine Service both in the said town and other parts, as they from time to time sall require your helpe. Whiche We verie speciallie expect from yow: and so doe bid yow heartilie farewell. Frome Our Mannor at Oatlands, the 30th of July, 1637.

Quhilk Missive being read, heard and considderit be the saids Lords, and they advised therewith, The Lords of Secreit Counsell ordanis the persons who are delate guiltie of the said mutinie to be putt to their tryell and punischment.

Apud Edinburgh, 5 Augusti, 1637

Service Bookes. The quhilk day the Lords of the Clergie having remonstrat to the Lords of Privie Counsell, That for the glorie of God and more decent performance of his divine Service, and for securing the persons to be employed for officiating the same, that the Toun Counsell of Edinburgh attend upon and meit with the Bishop of Edinburgh, and conferre and resolve with him anent the convenience of tyme when the Service sall begin, and of the assurance to be gevin be thame for the indemnitie of these who sall be imployed in the Service. And in the meane time, that the Minister sall preache in this subsequent weeks upon the ordinar dayes without Service, and choose pertinent texts for disposall of the peoples myndes to ane heartie embracement of the Service Booke, and for cleering and removall of all prejudices and mistakes, &c.

The Lords allowes of thair proposition, and accordinglie ordanis the Provest and Baillies of Edinburgh to meit with the Bishop of Edinburgh, and to joyne and concurre with him in all and everie thing that may concerne the provyding of Readers for the Service, &c. &c.

Apud Edinburgh, 9 Augusti, 1637.

The quhilk day James Cochrane, James Smith, Charles Hamilton, Baillies of Edinburgh, and Mr Alexander Guthrie, Toun Clerk, Compeirand personallie before the Lords of Privie Counsell, and being demanded if, according to the late ordinance and dewtie incumbent to thame, they had provided Readers for officiating the Service in the kirks of Edinburgh upon Sunday next; and if they wer readie to secure and give assurance for the indemnitie of the Bishop of Edinburgh, Ministers and Pastors of the said citie, and of the Readers to be imployed for performing and using the Service Booke appointed be auctoritie to be receaved within the saids kirks. The 203 saids Baillies declared that they were most willing to obtemper the Counsells ordinance; but that they could not upon so short a time provide understanding and sufficient Clerkis and Reiders, there being none within the citie but vulgar Schoolmasters, be whome the Service might be disgraced, and his Majesteis auctoritie upon thair imployment receave opposition; and that they wer content to secure the Clergie in suche legall way as the lawes of the kingdome in such a caise will allow, &c.

Page 5.—Supplication of Ministers. 23d August.—The Supplication of Henderson and two other Ministers of the Presbytery of St. Andrews, praying for a suspension of the Act of Privy Council, 13th June, is printed at page 45, along with Information for Noblemen, of the same date. The only other Supplications given in at this early stage of the busines were from some of the ministers in the Presbyteries of Glasgow, Irvine, and Ayr. Copies of them are contained in Mr. Graham's 4to MS. 109-113. These Supplications, we are informed, were procured by the diligence of one man, D. D., upone very small or no hope of success. (Baillie's Letters, MS., i. 128.) The person thus alluded to, and whose name occurs frequently in this work, was David Dickson, minister of Irvine, who was successively Professor of Divinity in the College of Glasgow in 1641, and of Edinburgh in 1650, a man of very considerable learning and reputation. In the year 1622, he was summoned before the High Commission for his non-conformity to the Perth Articles, on which occasion Spottiswoode treated him with great abuse, calling him a knave, swinger, and young lad; and said he might have been teaching bairns in the school: all which he took very patiently. At last he said to the Archbishop, I have been eight years a Regent in the College of Glasgow, and four years a Minister; those among whom I lived know I am not the man you call me. Say to my person what you please, by Gods grace, it shall not touch me, &c. (Calderwood's History, 789-795.) According to Wodrow, on the Restoration, he was ejected from his Professorship for refusing the Oath of Supremacy, and died about December, 1662.

Page 6, l. 4. The Letter from the Privy Council to the King, 25th August, of which the substance is here stated, is printed in Balfour's Annals, ii. 229.

Page 6, l. 19.—Noblemen's letter to Counsellors.—The following letter addressed to one of the Lords of Privy Council, has no date, but unquestionably was written either in August or September, 1637. A fac-simile of it is given in this volume, from the original, which is preserved in the General Register House.

My Lord,

Being occasioned to meit with my Lord Burgly, who told me he had wryten to your Lordships anent this Service Book, som ar charged to accept itt, who will put in ther peticions befor your Lordships the nixt Counsell; and we most all join to intreat your Lordships help to keip bak such an unsound piece of work. I will not trubill your Lordships heir, hoping my Lord Burgly will enform your Lordships mor largly, only consider ther be things in itt your Lordships wold be unwilling to heir or practise; and so for your self and use [us] all, bot most for Gods honour, do that which may mak use [us] joy in our interest to be, your Lordships freind and seruant,


204 About the same time, Baillie, in a letter to Dickson, says, Neglect not to cause Angus and Rothes at least, if no moe, to speak plaine Scotts to my Lord Duke of Lennox and the Thesaurer: What may cost them readilie their life and their lands, shall they not use means diligently to avert it? Wherever you go, employ the Supplications of these you know uses to pray in earnest. MS. i. 14.

Page 7, l. 13. The Duke of Lennox posted down from England to attend the funeral of his Mother, who died of a fever, and was buried at Paisley on the night of the 17th September, without ceremonie; for her Husband, mainely by her princely carriage, is more than 400,000 merks in debt. Baillie's MS. i. 23.

Page7 7, l. 20. The Supplication of the Noblemen, &c. 20th of September, presented to the Council by the Earls of Sutherland and Wemyss, will be found printed at page 47. The Noblemen who signed this Supplication were Angus, Rothes, Wemyss, Sutherland, Dalhousie, Lindesay, Sinclaire, Dalkeith, Balmerinoch, Burleigh, Hume, Cassilis, Lothian, Boyde, Zester, Cranstoun, Loudoun, Montgomery, Dalzell, and Fleeming.

Page 7, l. 23. The King's letter to the Council, 10th September, and the Act of Council, 20th September, are printed in Balfour's Annals, ii. 232, 233.

Page 8. The Petitions against the Service Book, from the Noblemen, the Toune of Glasgow, and the Presbytery of Auchterarder, being those which were sent to the King, are printed at pages 47, 8. The entire number given in to the Privy Council amounted to 68, of which 46 are preserved in the General Register House. These are all written in much the same strain.

Page 11. The letter from the Baillies of Edinburgh to the Archbishop of Canterbury, dated 19th August, and the Second letter, referred to in the following page, dated 26th September, are printed in Balcanquall's Large Declaration, &c. 1639, p. 28-30; and in Rushworth, ii. 393 and 399.

Page 12, l. 17. Which Supplication, &c. In the Anonymous MS. Collections reads: Which Supplicatione, drawen up be Mr. Alexr Guthrie, the Toune Clerk, (after the narrative thereof was tuyse mended,) first by laying some imputation upon the Noblemens presence, and nixt by the Archbischop of Sanctandrois, who would not suffer the ministrie to be called The Clergie, (as a name in his opinion only proper and reciprocall to Bischops,) &c.

Page 13, l. 17. The King's letter 9th October, upon which proceeded the Proclamation of the 17th, is printed in Balfour's Annals, ii. 236. Both are inserted in the MS. copies of Baillie's Letters. The Proclamation is printed in Rushworth, ii. 401, along with two others of the same date.

Page 14. The Provost of Edinburgh here spoken of, was Sir John Hay, formerly Town Clerk of the City, who had obtained the honour of knighthood, and the office of Clerk Register, for his ultra loyalty, and his services in favour of Episcopacy. Some particulars of his subsequent life may be found in Scott of Scotstarvet's Staggering State. See also a tract, called The Beast is Wounded, &c. for some severe insinuations against him. 205

Page 14, l. 26. In the Anonymous MS. Collections, reads:—The Provost, Sir John Hay, assured them his Majestie had alreadie appointed the discharge of the Service Booke by Proclamation, which would be found at the chalmer of James Prymrois, Clerk to the Counsell. They sending David Johnstoun and Robert Keith, merchant, to try the same, found there was never a word of any such Proclamation. The Provest's falsehood, with his slighting of their desires, &c.—In the same MS. page 15, line 4, reads:—The Magistrates granted this act with no small difficultie in regaird of the Provest's averseness thereto,&c.

Page 15. The Councillors were much alarmed at the great concourse of people who had come to Edinburgh to hear the result of their Supplications, and at the uncompromising spirit manifested against all the innovations attempted to be imposed upon them in divine service. Bishop Burnet alludes to The New Tumult, 18th October this year; respecting which some farther particulars are given at page 20 of the present work. See also the Large Declaration, 35-38, and Rushworth, ii. 402-404, in both of which the Proclamation respecting the Tumult has been printed. The Earl of Traquair, in a letter to the Marquis of Hamilton, mentions that the Noblemen and Commissioners seemed in a very peaceable manner to give obedience to the tenour of the Proclamation; but the next day thereafter, the town of Edinburgh, or, as our new Magistrates call it, the rascally people of Edinburgh (although the sisters, wives, children, and near kinsmen, were the special actors) rose in such a barbarous manner, as the like has never been seen in this kingdom, &c. Hardwicke's State Papers, ii. 95.

Page 16. The Supplication of Noblemen, &c. 18th October, is printed at page 49. In reference to the apprehensions generally entertained of Popery being introduced with the new Service Book, Baillie, about this time, says, I think our people are possessed with a bloody devile, far above any thing that ever I could have imagined, though the Masse in Latine had been presented. MS. i. 25.

Page 17, l. 17. After the words, his Majesties answer, the Anonymous MS. Collections reads:—The Earle of Rothes replyed, that if their Lordships would be pleased to take the petition to their consideration, they would find the desires thereof most just; which being refuised be them for the reason foirsaid, he did secondlie recommend to them that they might be pleased to ponder the importance of the business, and that (so soon as they could with his Majesties permission) they would present their petition to his Royall consideration. The Thesaurer did a little expostulat that so frequent a meeting of Noblemen, &c.

Page 17, l. 29.—Many of the Petitioners meeting after supper.—Baillie particularly says, The truth was, that night after supper in Balmerinoch's lodgeing, where the whole Nobility, I think, supped, some Commissioners from the Gentry, townes, and ministers mett, wher I was (quoth the dog) among the rest. There it was resolved to meet againe, the 15th of November, &c.—For to this houre I cannot learne that any plott or designe hes been laid by one or moe, bot only a resolution taken to make the best use that wisdome and diligence could of every occasion as it presented itself for their maine end, to free us of the Books. In this meeting 206 Loudon and Balmerinoch were moderators: both of them, bot especially Balmerinoch, drew me to admiration; I thought them the best spoksmen that ever I heard open a mouth. MS. i. 137.

Page 18, l. 24.—The thrid meitting, 17th November. This is evidently a mistake in the Manuscripts for 17th October. See pages 18 and 19. Baillie says, That dyett I keeped at my Lord Montgomeries desyre, and my Lord Rothes intreaty by letter to him. MS. i. 130. Lord Montgomery was son-in-law to the Earl of Rothes, and was Baillie's patron. A minute account of what took place at this meeting, and that in November for choosing Commissioners, will be found in the printed copy of his Letters, i. 16, &c.— See also the note to page 71, l. 1.

Page 19, l. 14.—Supplication, 17th October.—In the meane tyme they committ the penning of that Complaint to Mr Alexander Hendersone and my Lord Balmerinoch on the one hand; to Mr. D. D. [Dickson] and my Lord Loudon on the other. That night these foure did not sleep much. To morrow two formes were presented to the Nobles, our Westland one was receaved, &c. Baillie's MS. i. 133.

Page 26, l. 11. The four noblemen chosen by the Petitioners to wait upon the Councillors were Rothes, Montrose, Lindsay, and Loudon.

Page 31 . Marginal note, 13th October, erratum for 13th November.

Page 33. The Declaration of the King's intention, at Linlithgow, 7th December, is printed in Balcanquall's Large Declaration, p. 46, and in Rushworth, ii. 408.

Page 34, l. 7. The King's letter to the Council, 15th November, sent with the Earl of Roxburgh, is printed in Balfour's Annals, ii. 237.

Page 34, l. 27. The four noblemen and the baron here mentioned were Rothes, Montrose, Lindsay, Loudon, and James Lyon of Auldbarr.

Page 36. The Bill or Supplication, intended to have been presented by the Supplicants to the Council at Dalkeith, on the 12th December, is printed at page 50.

Page 37. Thursday, 14th December. The MS. reads by mistake, Thursday, 13th December. It may be mentioned, that a few such palpable mistakes, and some occasional peculiarities of orthography, have been corrected, but too unimportant to require the slightest notice. A letter from the Council to the Earl of Stirling, dated 14th December, will be found printed at page 44.

Page 37, l. 22. Sent out two of their number, viz. the Earl of Southesk, and Lord Lorne.

Page 38. The Supplication referred to under the 12th December, and the Declinatour, given in along with it, on the 21st of that month, are printed at pages 50 and 51.

Page 38, l. 24. The Earl of Loudon's eloquent speach is reported at considerable length in Sir James Balfour's Annals, ii. 240-246, in Baillie's MS. i. 67-71, and in a MS. Collection belonging to A. G. Ellis, Esqr. The speech of Mr. James Cuningham, Minister of Cumnock, is also reported by Balfour and Baillie; the latter 207 of whom says of that of Mr. Thomas Ramsay, Minister of Dumfries, that he spoke very pathetically to the same sence, and in very eloquent termes. ii. 249.

Page 41.—In this short Relation, &c.—In the Anonymous MS. Collections, this paragraph is given at the commencement of the Information, in the form of a Preface To the Christian Reader. The conclusion, however, is thus altered, after the words (line 12, page 42), bot still seaking remead by law,

were alwayes in hope to have obtained the same. But perceaving themselves frustrat of all legall redresse, they were moved to bethink the renewing of their Nationall Covenant with the Lord, since which time they have perceaved the good hand of God so conducting them, that they found themselves ever accompanied with the passages of a Divine Providence.

Page 43, l. 10. This sentence is corrected from MS. [C]; in MS. [A] it reads, to be advertised about reading the book, unsound philosophie and unsound divinitie.

Page 44.—The Council's Letter, and the Supplications, &c. p. 45 to 51.—These documents might have been thrown into this Appendix, had it not been thought adviseable to retain the Author's arrangement, even where alterations might have been made with advantage.

Page 53, l. 7.—The returne of Councill and Sessione. According to the Proclamation mentioned at page 34, the Court of Session was appointed to meet at Stirling,—a mode of inflicting punishment upon the town of Edinburgh, by removing thence the Courts of Justice: but, on this occasion, we are told that the Lords of Session obeyed, but the Advocates of any note would not goe thither.

Page 53, l. 12. Baillie, referring to this journey of Sir Robert Spottiswoode, President of the Session, states, that when he came to the King, they say his information was so hard that the King was pensive, and did not eat well; but that my Lord Haddington, hearing of his misreports, was bold to put in the King's hand a late missive which he had got from his good-brother Rothes, having a short Information of the countrey's proceeding, for the absolute truth whereof Haddington undertook. The reading of this contented somewhat the King; whereupon his mind being disposed towards the Thesaurer, my Lord Duke of Lennox wrote for him to court, and thereafter the King himself, and Marques of Hamilton also. MS. i. 150.

Page 53, l. 17. The Treasurer, the Earl of Traquair, in his journey to London, we are told, was almost drowned; he came out of a water, hinging be his horse taill.—They say, that [the Earl of] Stirling is like to be disgraced; that the King being malecontent that he was not more tymously informed of all thir matters, the Thesaurer shew, that though they were discharged publicly to send any word of that business, yet they had acquainted ever privatlie the Secretar, that he might advertise. This the Secretar granted; bot shew that he was hindred by Canterburrie to present the King some pieces. Canterburrie denyed this, hopeing to bring Stirling off another way, though in this he succumbed: bot all this is bot uncertaine rumors. Baillie's MS. i. 151. 208

Page 54. This Second Information in Mr. Graham's MS. volume, (which appears to be chiefly in the handwriting of " Mr. Jo. Smith," who signs, at p. 182, the Confession of Faith and National Covenant,) has the following title: Ane Historicall Information concerning the Supplicants proceedings from the Thesaurers returne in February, 1638. (On the margin) By Rothese, March 3, 4, 1638.

Page 55, l. 26.—Especiallie that of no alteration.—This refers to a paper contained in the MS. Collections, entitled, Reasones of no alteratione, &c., in the words of the Supplicatione, 14th December, as stated at page 37.

Page 59.—Report of violence to be used.The Thesaurer, finding his purpose revealed, intended to have the Proclamation precipitat. He had before persuaded the nobilitie that only two should go to Stirling, where he assured no prejudice should be done to their cause. But it was found he intended to keep these two, Rothes and Lindsay, prisoners in the Castle of Stirling; therefore the nobilitie resolved to goe together. Baillie's MS. i. 153.

Page 62, l. 30. This disdainful mode of speaking of the Marquis of Huntly's power and influence is also adopted by Baillie, who says, The man is of a good discource; bot neither trusted by King nor country. His power, also, is contemptible in this cause. Many of his name hes subscryved: himself and sundry of them are overburdened with debt. Forbeses, Frasers, Grants, McKenzies, McCayes, McIntoshes, McClaines, McDonalds, Irwines, Innises, let be all the Campbells to a man, are zealous subscryvers; and a fifth part of them were able to make a disjune of all the Gordouns when at their best; albeit now the most of the Gordouns depends on Sutherland, as all in the South depends on Kenmure. MS. i. 356.

Page 63. The Proclamation at Sterling, and Protestation, 19th February, are printed in the Large Declaration, p. 48-50, and in Rushworth, ii. 731.

When the news reached London of the Supplicants' Protestation at Stirling on the 19th February, we are informed, that, on the 11th March, Archibald, the King's fool, said to his Grace the Archbishop of Canterbury, as he was going to the Council-Table, Wheas Feule now? Doth not your Grace hear the news from Striveling about the Liturgy? with other words of reflection. This was presently complained of to the Council, which produced the following Order:

At Whitehall, &c. It is this day ordered by his Majesty, with the advice of the Board, That Archibald Armestrong, the Kings Fool, for certain scandalous words of a high nature, spoken by him against the Lord Archbishop of Canterbury his Grace, and proved to be uttered by him by two witnesses, shall have his coat pulled over his head, and be discharged of the King's service, and banished the Court; for which the Lord Chamberlain of the Kings houshold is prayed and required to give order to be executed. And immediately the same was put in execution.

In a tract, entitled Archy's Dream, sometime Jester to his Majestie, but exiled the Court by Canterburie's malice, printed 1641, 4to, the circumstance of his jesting-coat being torn of his back is mentioned. It is also alluded to in another ephemeral 209 production called The Scots Scout's Discoveries, 1639, with the following addition: About a week after, I met Archie at the Abbey [Lambeth?] all in black. Alas, poore foole, (thought I,) he mournes for his country; and askt him about his coate. O, quoth he, my Lord of Canterbury hath taken it from me, because either he or some of the Scotch Bishops may have use for it themselves; but hath given me a black coat for it, to colour my knavery with it.

P. 65, l. 24. The Declinatour and Protestation at Stirling, 20th February, are printed at page 85.

Page 66, l. 14. The following extract from Baillie refers to Hay's misrepresentations of Traquair:—The Thesaurer at this tyme was much, as is thought, threatened by the King; and it is no marvell: for, beside other misinformations, Sir Thomas Thomsone, the Register's good-brother, had written to Canterburrie of him exceeding maliciouslie; which letter he gott, and challenged on his calumnies; bot imputed them mainly to the Register, with whom he bears almost professed enmitie. Wigton being taxed in that misinformation, took occasion in the Council-day at Linlithgow, upon some idle words of the Register's to fall on him with most opprobrious words, as a base villain and pultroon, whom he threatened to stick, but was holden off him. MS. i. 145.

Laud complains of Traquair having, on more than one occasion, played fast and loose with him. But Clarendon vindicates him from the charge of duplicity in managing the King's affairs. See also the printed copy of Baillie's Letters, i. 28, 34. Several important and interesting letters, written by Traquair, in 1638, to the Marquis of Hamilton, are contained in Hardwicke's State Papers, ii. 97-112. In them he repeatedly laments the perplexing situation in which he was placed; upon the one hand being persecuted by the implacable under-hand malice of some of our Bishops; and in no better predicament with our Noblemen and others who adhere to their course.

Like many of the courtiers of his time, Traquair experienced the mutability of fortune, being impeached for high treason, deprived of his offices, his estates sequestered, and he himself forced to leave the country. In a 4to tract, printed in 1641, after mentioning his having fled to France, thinking to escape the disgrace as well as the death which he had deserved, it is added, but he was much deceived in the trusty Scots; for, though he fled from death, yet they sent his shame after him. On the very same day on which our King came to his pallace at Edenborough (which was Fryday night last), was his effigies brought upon the scaffold, and there they cut off its wooden head. He died in great poverty in 1659. See Scott's Staggering State.

Page 66, l. 24. The Protestation at the Cross of Edinburgh, 22d February, is printed at page 86. The original document, written on vellum, was presented to the Society of Antiquaries of Scotland, by James Swan, Esq. in April, 1828. 210

Page 71, l. 1.—The whole prime men of everie shire.—The formation of The Tables took place in November, when the Commissioners were chosen,and their numbers now enlarged—a measure suggested by their opponents, but by which the power and influence of the Supplicants were preserved, and the dangers attending tumultuary meetings avoided. Row speaks of the Commissioners as sitting in foure severall roumes, at severall tables, in the Parliament House: hence (he says) they were called The Tables. MS. Hist.

Page 71, l. 17.—The renewing of the Covenant.—As stated in the text, Henderson, and Johnstone of Wariston, were appointed to make such additions to the National Covenant of 1580 as applied to the times; and these were revised by Rothes, Loudon, and Balmerinoch. That part which contains the references to Acts of Parliament in favour of our Confession against Popery, beginning, Likeas Manie Acts, &c., was drawn up by Johnstone; the other, which applies to the circumstances of the Supplicants, and in which the chief difficulty lay, beginning, In Obedience to, &c., was the composition of Alexander Henderson.

Page 74, l. 15. The Objectors, whose names are left blank in the MS., are described as three or four brethren of Angus. Henry Futhie, who is mentioned, received a public rebuke at the General Assembly, 1643. (Index of the Unprinted Acts.)

Page 75, l. 12. Mr John Adamson was Principal of the College of Edinburgh.

Page 83.—"First letter," &c. The original letter, dated 13th March, 1638, is preserved in the General Register House. It is addressed, To our most noble Lords The Duke of Lennox, the Marquess of Hamilton, and the Erle of Mortoun—These. Among the Noblemen who sign it, (see the fac-simile at page 217,) the name of Dalhousie occurs, instead of Melvill and of Forrester, as in the printed copy. The answer to this letter is printed at page 98.

Page 84. These Instructions to Sir John Hamilton of Orbiston, Lord Justice-Clerk, 5th March, here inserted, are printed in Burnet's Dukes of Hamilton, from the original yet extant, signed by the Privy Councillors, and the Lords of the Clergy. Burnet also prints a private letter to the King, signed by Traquair and Roxburgh, and another from the Council to the Marquis of Hamilton, both dated the 5th March. See also Balfour's Annals, ii. 258, and Rushworth, ii. 742.

Page 90, l. 2.—The Confession of Faith, &c., alreadie printed.—The edition here referred to, is entitled, The Confession of Faith of the Kirk of Scotland. Subscribed by the King's Majestie and his Householde, in the yeare of God 1580. With a Designation of such Acts of Parliament, as are expedient, for justifying the Vnion, after mentioned. And subscribed by the Nobles, Barrens, Gentlemen, Burgesses, Ministers, and Commons, in the year of God 1638. Pp. 15. 4to, without printer's name, place, or date.

Page 90.—The Lawfulnes of the Subscription to the Confession of 211 Faith.—This paper was written by Henderson. The following letter of the Earl of Rothes to Johnstone of Wariston, requesting a copy to he sent him, is printed from the original in the Advocates' Library, Wodr. MSS. Folio lxvi. 48.

Right affectionat and worthie Friend,

I have written to my Lord Durie to receave from yow a copie of our Defenses for the Lawfullnes of Subscription against the objections made against it, as it is a Band, and so seems to fall within the compass of the Act of Parliament 1585; and as it containes the forbeareance of some things established by Act of Parliament. Yow may enclose the copie in a letter, and send it with my letter to him. I have likewayes written to him to consider if thair be any other thing ch[....]ble therein, and write to yow that yow may be thinking thairupon for d[....], which I have desired him to doe also. I desire yow earnestlie, as yow [....] your owen credit, me, the menn, and the good of the cause, that yow reveale not to Balmerinoch, Loudon, nor anie else, what is or hath bein my dealeing with my Lord Durie and my Lord Advocate in this busienes. I know they will write to me, or to yow upon my word, what they will not do to anie in the world besides. Let me heare from yow with this bearer what yow have bene doeing since my parteing. I heare that Sir Thomas Nicholson hath given a favourable declaration for our proceedings, in answer to the Kings Quæres: Trie if it be true, and if Steuart hath done the like Because I have forgotten the particular Quæres, yow will do well, if your memorie serve, to putt them doune in write and keep them beside yow, while I come over. If your memorie faile, yow may help your self with a second sight of them, by yow know whom. I have heard that the Bishop of Ross is persecute in the North, and will be forced to come South: Let me know if yow have heard anie certaintie for it. As also if the whole Canongait have subscrived with their minister, Mr Matthew Weemes, and if Mr Andro Fairsoule have made offer thereof; for so I have heard. It is good to take all in, that there may be no Kneelers in or about Edinburgh bot Mr David Michell.—No further, I rest

          Your affectionat friend,

Leslie, 18th March, 1638.

[Addressed] To my affectionat and worthie freind, Mr Archibald Johnson, Advocate—These.

Page 95, l. 32—To tell the truth to the King.— The Lord Lorne, here mentioned, is better known as the Marquis of Argyll, who was beheaded in 1661. At this time he was a Privy Councillor, and beginning to incline towards the Supplicants. Baillie, on the 5th April, says, We tremble for Lorne, that the King either persuade him to go his way, or find him errands at Court for a long time. And in July he adds, The plainness of Lorne is much talked of. Nothing he is said to have dissembled of all he knew of our Countrie's grievances, of his own full mislyke of the Bookes, of the Articles of Perth, of the Bishops' misgovernment, of his resolution to leave the kingdome rather than consent to the pressing of any other, let be of himself, or his servant, with these burdens which were against conscience.

Page 96, l. 10—The least that can be asked, &c.—These 212 were the Eight Demands which Sir James Balfour says, the Earl of Traquair carried with him to Court, in order to deall for his Majesties assent thereto, before any pacifications of the present commotions could be looked for; but he adds, that partly through the influence of the Bishops, all Traquars grate undertakings turned into smoke and evanished quyte.

Page 100. The Articles for the present Peace of Scotland are printed from the original, in Burnet's Dukes of Hamilton, p. 39; and he mentions the letter that accompanied the paper, signed Rothes, Cassillis, and Montrose, dated 28th April, as then extant. He also inserts (p. 41) the Complaints and Grievances of the Scottish Bishops, under the title of Articles of Information to Mr Andrew Learmonth, &c.

Page 101, lines 24 and 29, for Canons, read cautions.

Page 103. Eleazar Borthwick appears to have been much employed by the Supplicants in negotiating their affairs, being a man well travelled and fit for such a work. He must have been a clergyman, for, according to Bishop Guthrie, on the removal of Henderson to Edinburgh, Borthwick was presented to the church of Leuchars; but before he had remained two months at the said kirk, he was, by the Leaders of the cause, quietly sent back again to London, (where he had formerly stayed some years trafficking with Non-conformists,) to prosecute that trade; where he stayed till he died. Memoirs, 12mo edit. p. 149. See also Lord Hailes's Memorials, &c. of Charles I. p. 66.

Page 107, l. 23.—The Lord Rae subscryvit, &c.—In a letter dated 11th July, 1638, (in Hailes's Memorials, p. 39,) it is said, You must be wary of trusting a Lord amongst you called the Lord Rae, he who accused the Marquis of treason long since. I hear it secretly, that although he have subscribed and sworn the Covenant, yet he hath declared by letters to the King, he doth it only to be the better enabled to do the King service, by such knowledge of resolutions as (being one of their selves) he may be more fully instructed in: he will be a Judas as far as he can.

Page 112, l. 16. In the end of May, &c. to Page 116, line 4. These pages, according to directions given by the Author, should have been transposed, and printed near the foot of page 129. By the same arrangement, Page 116, line 5, to Page 117, line 35, mould have been transposed to the middle of Page 141. From Page 117, line 36, to Page 121, line 32, on to the middle of Page 143. And from Page 121, line 33, to Page 123, on to the foot of Page 152.—The Reader, by attending to these directions, will have a more complete view of public events during the months of May and June 1638, than by observing the order of the MSS., which has been adhered to in the printed text.

It is more than probable that the Earl of Rothes left his Historical Relation in an unfinished state. Although the preceding alterations might easily, and perhaps with propriety, have been made, the Reader will observe, that the Author, after relating the proceedings to the 30th of June, returns back, at 213 page 157, to the 19th of the same month, and enlarges and amplifies some of his details, in such a manner as to lead us to infer that he had not proceeded beyond the middle of June, 1638, in revising and incorporating his materials. On the whole, it was conceived to be the safest mode to print the work after the order of the MSS., retaining the Author's marginal directions, pointing out some of his intended changes in arrangement; but which obviously could not, in several instances, be now made, without interfering more with the text than an Editor would be warranted in attempting.

Page 115, l. 28. Burnet says, that on the Marquis of Hamilton's entry to Edinburgh, on the 9th June, They were guessed to be about 60,000 that met him, the greatest number that nation had seen together of a great while, among whom there were about 500 ministers. Memoirs of the Dukes of Hamilton, p. 54. Other writers confirm the more moderate computation in the text.

Page 116, l. 6. Short speach, by Livingston. See note upon page 143.

Page 117, l. 5.—Advertisement, &c.—In Baillie's MS. it is called The Petition to the Counsellors for Subscryving, and is said to have been penned by Mr D. Dick, or Dickson.

Page 123. Supplication to his Majesties Commissioner. See Balfour's Annals, ii. 266.

Page 127, l. 5. Contribution of a dollar for 1000 marks free rent. See page 80.

Page 128, l. 17. The Marquis of Hamilton appointed Commissioner. The Reader is referred to Bishop Burnet's Memoirs of James, Duke of Hamilton, (at this time Marquis,) for much curious and important information with regard to this period. Burnet prints the King's private Instructions to the Marquis previous to his coming to Scotland as Commissioner, with various original letters from the King, in the months of June and July, (page 55, &c.) See also Mr Brodie's remarks on these letters. (History, ii. 481-485.)

Page 129, l. 27.—Reasons, &c.—These, and another set of Reasons to forbear attending these that are not joyned in Covenant with us, are inserted in the MS. copies of Baillie's Letters. He says they favour much of Rothes's pen.

Page 141, l. 3. The speech to the Marquis of Hamilton, which W. Livingston, minister of Lanark, delivered in private, is printed at page 116. He was prevented delivering it in public, as mentioned at page 115, in consequence of an insinuation that it contained invectives against the Bishops; and the Commissioner said, That harangues in fields were for princes, and above his place. Livingston was pitched upon to make this public welcome to the Commissioner, as being the strongest in voyce and austerest in countenance of us all. Baillie's MS., i. 358.

Page 151.—Reasons against the rendering of our sworne and subscribed Confession of Faith. 4to, 2 leaves.—This paper was written by Henderson. Line 4, Not a man joyned but would rather quitt his lyfe, &c. A writer of a different complexion, also remarked of the Supplicants, 214 that they would rather renounce their Baptism than renounce it, or abate one word or syllable of the literall rigour of it. Large Declaration, &c., p. 88.

Page 153, l. 16. Balcanquall, in the King's Declaration, p. 88, says of the Supplicants at this time, Nay, they grew to that rage, that on the Saturday having knowledge that our Commissioner (attended with our Councell) was to heare divine Service and Sermon in our owne chappell, at our own palace, the day following, being Sunday, they sent him word, that whosoever should read the English Service in our chappell, should never read more, and that there were a thousand men provided for the disturbance of it; which forced our Commissioner that night to repaire to Dalkeith.

Page 167, l. 8.—The hard temper of sum noblemen, especiallie of Lindsay and Loudon.—Sir David Lindsay of Balcarras was created Lord Lindsay by Charles I. in 1633, and his son raised to the dignity of Earl of Balcarras, by Charles II. in 1651. John, Earl of Loudoun, one of the most eloquent and conscientious of all the noblemen who took an active and influential part in public affairs, was afterwards (13th September, 1641) appointed Lord Chancellor of Scotland; but although he held this high office to the end of Charles's reign, and suffered much for his loyalty during the Protectorate, he continued a firm and decided friend of Presbytery. On the Restoration of Charles II. he was prevailed upon to resign the Office of Chancellor, it being certain that he would never concur in the attempt to set up Episcopacy in Scotland. He died 15th March, 1663. Crawford's Lives, p. 406.

Page 171, l. 14. See page 155, line 5, &c. and the unfavourable character given of Sir William Boswall, in Baillie's Letters, printed copy, i. 65.

Page 172, l. 2. The President, Sir Robert Spottiswoode, was second son of the Archbishop of St. Andrews. Scott of Scotstarvet speaks of him as ane able scholler, and no wayes to the sight of the world evill inclyned; only he followed his Father's way, as in his life, that is, in his public conduct as well as in his mode of living. He was taken prisoner at Philiphaugh, 15th August, 1645, and being tried and condemned for Treason by a Committee of the Scottish Parliament, he was beheaded at St. Andrews, on the 20th of January, 1646. (Notes to Lord Hailes's Catalogue of the Lords of Session.)

Page 172, l. 25.—That day the Commissioner, &c.—Sir James Balfour, along with this paragraph, which he inserts in the form of the Marquis' speech to the Lords of Session, has added the letter to the King, written on the same occasion by several of the Nobility, 2d June. (Histor. Works, ii. 273-276.) The letter is also printed in the Large Declaration, p. 91.

Page 173, l. 17.—The Protestatione is in print; being a 4to tract of 14 pages, printed in the year of God 1638. It is also printed in the Large Declaration, p. 96, along with the Proclamation, dated 28th June, and in Rushworth, ii. 750.

Page 173, l. 33. 28th July erratum for 28th June. 215

Page 174. The Act of Council, 5th July, here printed, is not contained in the Register of Privy Council, a circumstance thus accounted for by Mr John Row: Of this foresaid Proclamation the Counsell past ane Act of approbation, wherwith the Supplicants were yet more grieved: Wherfor they presented a Supplication to the Commissioner, containing the reasons of their just exceptions against the Proclamation and the Counsells Act; the which, when the Counsell had considered, their Act, not yet put upon record, was either torn or put aside (Suppl. to the Hist. of the Kirk, MS.) See also page 181, l. 5, of the present work.

Page 174, l. 6.—The report of this Act, &c.—Baillie says, The Nobles at dinner are informed that the Commissioner was about to get the Councill to approve the Declaration as satisfactory; whereupon they presently fell a writing these Reasons which ye have at [p. 174]; and after dinner went to his Grace, Rothes, Montrose, Lowdon, with doubles of these Reasons, for staying the Councillors from making any approbatorie Act. There past between them some high words. Lowdon told his Grace roundlie they knew no other bands betwixt a king and his subject bot of religion and lawes; if these were broken, men's lives were not dear to them: boasted they would not be; such fears were past with them. Notwithstanding, the Comissioner prevailed so farr with the Counsellors, that they all, except Lorne and Southesk, did, in their chamber, not publiclie at the Counsell-table, sett their hands to this Act, which ye may read with admiration. (MS. i. 370.) At this time Baillie remarks, that this manner of dealing hes made us speak out that which was before bot in the minds of some very few, our right from God, which the Prince may not in law or reason take from us, to keep a Generall Assemblie. This is the highest firing yet our necessities has drawn on us to strike on. (MS. i. 371.)

The Relation by the Earl of Rothes may be considered as terminating the 8th of July, 1638, when the Commissioner, the Marquis of Hamilton, proceeded to London, and obtained for the Supplicants the attainment of their desires in calling a General Assembly, which was held at Glasgow, in November 1638, and a Parliament, at Edinburgh, in August 1639.

There is no necessity in this place to bring forward any particulars of subsequent events; although the letters on pages 185 and 186 to the Magistrates, Ministers, and Professors of Aberdeen, written in August, might seem to involve some account of the deputation sent from the Tables at Edinburgh. Their proceedings, however, are well known, and are detailed at length by Baillie and Spalding, as well as by later historians. The following letter from the Earl of Rothes is addressed to Patrick Leslie, one of the leading Covenanters there, evidently the same person who was Provost of Aberdeen in 1634; but whose election was annulled by warrant of the King. (Spalding's Annals, i. 32, &c.) It is printed from the original, which is in private hands. 216

Loving Cusin,

Becaus your toun of Aberdein is now the only bruch in Scotland that hath not subscryued the Confession of Faith, and all the good they can obtein therby is, that, if we fail fairly, as ther is very good conditions offered, they sall be onder perpetuall ignominy, and the Doctors that ar onsound punisched be the Assembly; and if things go to extremity becaus they refuse, and in hope of the Marquise Huntly his help, the King will parhaps send in som ship or ships and men ther, as a sur place; and iff that be good for the countray, judg ye of itt. Itt is bot a fichting against the High God to resist this cours, and itt is so far aduanced allready, that, on my honour, we could obtein wt consent; 1. Bischops limitted be all the strait caveats; 2. To be yeirly censurabl be Assemblys; 3. Articles of Perth discharged; 4. Entry of ministers fre; 5. And Bischops and Doctors censured for bygon usurpation, either in teaching fals doctrin or opressing ther brethren. Bot God hath a wery greit work to do heir, as will be shortly sein, and men be judged be what is past. Do ye all the good ye can in that toun and in the countray about: ye will not repent itt; and attend my Lord Montrose, who is a noble and trew-hearted caualier. I remitt to my brother Arthur to tell you how reasonabl the Marquise Huntly was being heir auay; he was bot slichted be the Commissionar and not off his Priui Councell. No further.

I am your freind and cusin,

Leslie, 13th July, 1638.

[Addressed] To my loveing Cousigne Patrick Leslie of … Whitehall. These.

The passage in the above letter, respecting the Marquis of Montrose, who at this time professed great zeal for the Covenant, is worthy of notice. A similar encomium on his diligence and constancy for the good cause is contained in a letter from Johnstone of Wariston to Lord Johnston, 2d January, 1639, printed in Hailes' Memorials, &c. 52. Lord Rothes seems to have had considerable influence over him, and is expressly said to have been the means of at first gaining him to the popular party. When the canniness of Rothes (says Baillie, in April, 1645) had brought in Montrose to our party, his more than ordinare and civile pride made him very hard to be guided. His first voyage to Aberdeen made him swallow the certain hopes of a Generallate over all our armies. When that honour was put upon Lesley, he incontinent began to deal with the King, &c. See the printed Letters, ii. 92.

Another supporter of the Covenant, and one of the Commissioners to the Westminster Assembly, who likewise assumed a very different character, was John Lord Maitland, afterwards Duke of Lauderdale. After the Restoration, Baillie addressed him in very plain terms: If (says he) you have gone with your heart to forsake your Covenant, to countenance the re-introduction of Bishops and Books, and strengthen the King by your advice in these things, I think you a prime transgressor, and liable among the first to answer to God to that great sin. Yet it is worthy of remark, that, notwithstanding his subsequent conduct, Bishop Burnet assures us the Duke retained his aversion to Charles the First and his party to his death.

Of all the persons mentioned in the course of Lord Rothes' work, the one whose
[Fac-simile of signatures of principal persons.]
217 character stands most pre-eminent and unsullied is Alexander Henderson, minister of Leuchars in Fife, afterwards one of the ministers of Edinburgh, and Rector of the University. His prudence, learning, and eloquence eminently qualified him to take the lead in the affairs of the Church; and his death, on the 19th August, 1646, aged 63, was universally lamented. Baillie, in a letter to him during his last illness, 13th August, says, Your weakness is much regretted by many here. To me it is one of the sad presages of the evil coming,—a sentiment also expressed in simple but impressive lines on his monument in the Greyfriars' churchyard:

   Reader, bedew thine eyes
      Not for the Dust here lyes;
      It quicken shall again,
      And aye in joy remain:
But for thyself, the Church, and States,
Whose woes this Dust prognosticates.

Baillie, afterwards, alluding to some false reports respecting his death (See Lord Hailes' Note, Memorials, &c. p. 184), says, " That man died, as he lived, in great modesty, piety, and faith." And on another occasion, the 6th August, 1647, when giving a report to the General Assembly of the labours of the Commissioners to the Westminster Assembly, he thus emphatically alludes to the loss the Church had sustained by the death of Henderson, who had been one of these Commissioners:

For my Colleagues, may I make bold, with permission, to offer some few of my thoughts. That glorious Soule of worthy memory [Mr. Henderson], who now is crowned with the rewarde of all his labours for God and for us, I wishe his remembrance may be fragrant among us so long as free and pure Assemblies remaine in this land, which we hope shall be to the coming of our Lord. You know he spent his strength, and wore out his dayes; he breathed out his life in the service of God and of this Church. This binds it on our backe, as we would not prove ungrate, to pay him his due. If the thoughts of others be conforme to my inmost sence, in duety and reason he ought to be accounted by us and the posteritie the fairest ornament, after John Knox of incomparable memory, that ever the Church of Scotland did enjoy. MS. ii. 292.

On the opposite leaf is given a fac-simile of the Signatures of the principal Persons who are mentioned in the course of this Work. At the top are those of the King; Spottiswoode, Chancellor; Traquair, Treasurer; Stirling, Secretary; and Hamilton, Commissioner. The rest of the names are chiefly those of the leading Supplicants among the Nobility and Clergy. The Signatures of Montrose and the other fifteen Noblemen on the right hand side of the page, are given from the letter printed at page 83, the original of which, as mentioned in the Notes, is preserved in the General Register House. The other Signatures are given from various original letters or papers not necessary to be specially noticed.



I have now examined the MS. you refer to, (MS. Sloane, 650,) which is a small quarto, consisting of various tracts on paper, all more or less (with the exception of the three last) relative to the proceedings in the Scotch Kirk and Assembly in 1637-1639, written in contemporary hands. I shall proceed to give you a detail of the Contents.

  1. fol. 1. A Short Relation of the Passages lately fallen out in Scotland, pp. 23.
  2. f. 13. Popish Government in Scotland, pp. 8.
  3. f. 17. Answers to the particulers propounded by his Majesties Comissioners, pp. 5-1/2.
  4. f. 20. Letter from the Council, dat. Haliryd House, 17th Nov. 1637, with the Copie of the Commission given by shyres, tounes, and presbiteries, pp. 8-1/2.
  5. f. 25. Notes of the proceedings of the meeting of the Nobility, Gentry, Ministry and Burrowes in Edenbr . 15 Novbr . Anno. 1637, pp. 15.
  6. f. 33. Information [of] Proceedings from the 6th Decemb. to the 21, 1637, pp. 7.
  7. f. 37. Declaration or Protestation of the Noblemen, &c. against the Popish Religion, pp. 4.
  8. f. 39. Instructions from his Majesties Councell to the Lord Justice Clerke, whom they have ordayned to goe to Court for his Majesties seruice, pp. 3.
  9. f. 41. The forme of Protestation to be used at every Burgh where the Late Proclamation published at Edinburgh the 22d of September, 1638, shall happen to be proclaymed, containeing some reasons against the subscribeing of the Confession, &c. pp. 13.
  10. f. 49. Narrative of Proceedings, from 7th Aug. to 26th Sept. 1638, pp. 6-1/2.
  11. f. 53. Proclamation of Charles I. discharging the Service Book, 9th Sept. 1638, pp. 2.
  12. f. 55. The Duke of Lenox his Speech before his Majesty concerning Warre with Scotland, pp. 6-1/2.
  13. f. 59. Proclamation of Charles I. dissolving the Assembly at Glasgow, 29th Nov. 1638, pp. 66.
  14. f. 63. The Protestation of the Generall Assembly of the Church of Scotland, &c. 29th Nov. 1638, pp. 13. (Has been printed.)
  15. f. 70. Sentence of Deposition against Mr John Spottiswood, Archbishop of Sanctandrois, and the Bishops of Edinburgh, Glasgow, Galloway, Ross, and Brechin, 13th Dec. 1638.
  16. f. 71. Sentence, &c. against the Bishop of Dunkeld.
  17. f. 72. ——————Cathnes.
  18. f. 73. ——————Murray, Orkney, Lesemoir, and the Isles.
  19. f. 75. ——————Aberdeen and Dunblane.
  20. f. 74. An Index of the principall Acts of the Assembly at Glasgow, 1638, pp. 5.
  21. f. 78. Journal of Proceedings in the Session of the Assembly from 21st to 30th Nov. 1638, pp. 5}.
  22. f. 81. Supplication of the General Assembly to the King, Nov. 21, 1638, pp. 5.
  23. f. 84. An Information to all good Christians, &c. 4th Feb. 1639, pp. 11. (Has been printed.)
  24. f. 90. The Marquess Huntlie's Oath to the Covenanters.
  25. f. 91. Act of Privy Council held at York, 21st Apr. 1639, for taking the Oath, pp. 2.
  26. f. 92. Letter from the Deputy Lieutenants of Co. York to the King, pp. 2.
  27. f. 93. Letter from the Lords of the Council at Edinborough, 19th Apr. 1639, (to E. of Newcastle?) pp. 4.
  28. f. 95. Narrative of the Arrival of Ld Aboyne, &c. &c. (Written by one of the Court,) Newcastle, May 10, 1639, pp. 3.
  29. f. 97. Proclamation of Charles I. on going to Berwick, 14th May, 15 Car. I.
  30. f. 98. The Copy of bis Majesties Assent to the Propositions of the Scottish Lords, pp. 2. (Original draught?)
  31. f. 100. The humble Desires of his Majesties Subjects of Scotland, pp. l-1/2.
  32. f. 101. Supplication of the Scottish Subjects to the King.
  33. f. 101b . The Letters of the Secret Counsell and Session to the Marquess Hamilton, 10 May, 1639. The Marquesses Answere, 11th May, 1639. The Lords Answer to the Marquesse.
  34. f. 102. Letter from the Scotch Lords to the E. of Newcastle, Edinb. 11 May, 1639, pp. 2.
  35. f. 103. Letter from a person in the Army, relating the Conferences with the Scotch Commissioners, Rothes, &c. 13th June, 1639.
  36. f. 104. Paper of News from the Camp, 5th June, 1639, pp. 6-1/2.
  37. f. 108. Supplication of the Subjects of Scotland (Rothes, &c.) to the King, 6th June, 1639. The King's Answer: with The Letter of the Scotch Covenantours to the E. of Holland and the rest of the Lords, pp. 2.
  38. f. 109. The Gists [Gests] of his Majesties Army.
  39. f. 1 10. A Speech to the Marquesse Hamilton, the Kings Commissioner, 9th June, 1638, pp. 2.
  40. f. 111. A copy of his Maj. Lre. Patents authorizing the High Commission in England, 13th Dec. 9 Car. I. pp. 47.

There are three more Tracts in the volume, the two first of which relate to the Examination and Execution of Mary Q. of Scots, in 1586; and the third to the Remonstrance presented to the King at Whitehall, 17 June, 1628.

[Mr. Madden was also so obliging as send the transcript of No. 10 of the preceding List, from which the following paper is printed. This Article appeared the most suitable to the present work, as serving to continue the narrative, nearly to the period of the meeting of the Generall Assembly in November 1638.

Narrative of Proceedings, from 7th August to 26th September, 1638.
[MS. Sloan. Mus. Brit. No. 650, fol. 49.]

The Commissoner haveing promised to intercede with his Majesty for such a free and generall Assembly, as that any question or difference concerning the matters to be treated, the members of the Assembly, or manner thereof, should be totally remitted and judged by the Assembly itselfe; his Grace received from the Supplicants theire desires in certaine articles, to the effect aforesaid, promiseing to returne against the 20th of September with his Majesties answere.

The Supplicants, for the furthering of theire businesse, and to give some satisfaction to the Gentry of the Kingdome, now impatient of so long delay, did use all dilligence for prepareing against the Assembly in sending letters throughout the whole kingdome; and instructions for directing 220 the right way of choosing Comissioners to the Assembly according to the lawes, and as had been customable in former free Generall Assemblyes, to wit, 3 ministers for each Presbytery, and one ruleing elder, a lord or baron, and one Commissioner for each borrow, and for Edenburg two. And because my Lord Comissioner had desired the Supplicants to make no election till his returne, the elections were only prepared, but no choice of the Comissioners till after the 20th of September, but so soone after as there was no place left, that any impediments could proceed from him.

His Grace returned to Edenburg the 17th of September, being Monday, and brought the newes of a Generall Assembly and Parliament; he did spread the report thereof to content the mindes of the Commons, and to prepare them for accepting the better what he had afterwards to propound.

When the Supplicants came to his Grace, he challendged theire preparation for election; but they justified themselves that no Commissioners were yet chosen, and for that they might be chosen before the Assembly was indicted, there wanted not former practise for our warrant.

The Supplicants were at first threated that the Assembly should be holden at Aberdene, a place inconvenient, both for the cituation, standing in a corner of the Kingdome, and to the northward, and because the Ministers and Prosessors of the Universitie there are unsound, and the people thereabouts for the most parte more averse to our Covenant then any in Scotland. But findeing the Supplicants would come there with greate numbers, as to a place suspected, the Commissioner changed his resolution.

The Supplicants were at first tryed privately whether they would capitulate and condiscend what they would take and give at the Assembly. An absolute discharge of the Service-Booke, Booke of Cannons, and High Comission was offered. That the 5 Articles of Perth Assembly should not be passed; yea, before the Treatie should faile, they should agree to dischardge them. That Bishops should be limited as straitely as they pleased, keeping theire titles, benefitts, with some few preferments; but should be alwaies censurable by yearely Generall Assemblyes; and craved, that the Supplicants should give assureance that they would not desire them totally removed. And to doe something (concerning the Covenant) so displeasing to his Majestie , eyther by changeing some parts thereof which did most, displease his Majestie , or to render some parte of it for his consent. But when he found the Supplicants ingeniously professe they neyther could or would agree to prelimit the Assembly for such reasons as you receive the copies of, neyther would they never passe from .one jotte of that Covenant, then did the Comissioner resolve to proceed and declare his Majesties minde in publique by way of Proclamation. But heareing the Supplicants would vse a Protestation against it, if there were any thing contained in the Proclamation prejudiciall to our cause, all means were vfed for such an accomodation as might disuade the Supplicants from vrgeing any Protestation; pretending as a special reason, that the Kings Majestie had conceived a very hard opinion of the Suplicants here. And they being greeved vnder so heavie burthens this time passed. But now his Majestie granting so many of their desires, if the same could thankfully and heartily be accepted, would prove speciall meanes to reconcile his Majesties heart to them, and renew the peoples affection to his Majestie; all which a Protestation would hinder, it being alwaies a signification that the Subjects had not received a full satisfaction, and keepe the Comons still vnder the fence of the want of some of their just desires. This Treatie of accommodation did not succeed, because the Comissioner framed the Proclamation of such things as necessitate a Protestation.

Vpon the 21st of September, the Comissioner propounded vnto the Lords of the Privy Councel, 221 that he had procured from bis Majestie a warrant vnto them for subscribeing that Confession of Faith which was formed in anno 1581; subscribed by bis Majesties Father, and the whole Estates of the land; thinkeing, that since they could not get our Covenant resigned nor altered, they would renew that which is not so large as ours, and haveing his Majesties authoritie therevnto, togeather with the Councells; subscribtion might be conceived would absorbe and put in oblivion our new Covenant. The Lords of the Councell liked well the motion, and resolved the next day to subscribe the same.

Vpon the 22d day the Supplicants came to my Lord Commissioner and the Lords of the Privy Counsell, and there at counsell table humbly desired theire Lordships to forbeare theire Subscription of theire Confession only for 2 daies; offering, within some few houres, to present such reasons to theire considerations, as might wholly induce them to desist from subscribing that Confession; and offered that, in short time, they would present them with a Confession which all might lawfully subscribe vnto, which would prove the best meanes to amend the present breach, and to beget vnitie againe; but they denyed this delay. And notwithstanding many present reasons were propounded by the Supplicants for theire not subscribing that Confession, alwaies rejected; and the Supplicants were answered with his Majesties command to theire Lordships and theire resolution to give obedience to him. The Supplicants departing, the Heraulds were sent to the Market Crosse of Edenburg; and the Supplicants there present, being a considerable number of the nobilitie, with some few of the gentry, borroughes, and ministers ascended a stage reared up hard by the Crosse to answer the Proclamation with their Protestation. The heads of the Proclamation were these, first, A discharge of Cannons, Service booke, and High Commission, and all Acts made in favour of them or any of them. 2dly, They declared, that none of the subjects should be exempted from the censure of ordinary judicatories, civill or ecclesiasticall. And this did proceed from the Supplicants complaints to his Majestie , that the Bishops were subject to censure. 3dly, That no oath should be exacted of ministers in their entrance but that which was contained in the Act of Parliament 1620. By this Acte they are appointed to sweare obedience to theire ordinary the Bishop of theire diocesie. 4thly, Declareing his Majesties pleasure, that all the subjects should subscribe that Confession of Faith subscribed by the Counsell. 5thly, His Majestie gave a pardon to all his subjects for theire oversights, provideing in time comeing they should be obedient, especially in subscribing the Covenant. 6thly, A free Generall Assembly was proclaymed to be holden at Glasgow on the 20th of November next, and a Parliament at Edenburgh in the month of May next following. The Heraulds read the Confession of Faith which the Counsell had subscribed, with an Act of Counsell, appointing the whole leiges to subscribe the same; he read also the Generall bond appointed by the Lords of the Counsell, and an Acte of Counsell for the indiction of the Assembly, and another for the Parliament.

There after the Protestation was made, which answered fully all the particulars of the Proclamation wherein the subjects were not satisfied, (this Protestation is not as yet come forth in print,) because the Proclamation must precede; which the Commissioner taking course to have soe speedily conveyed through the country that all the subjects might be pressed with subscription; for the better effecting whereof many of the Lords of the Counsell are appointed to goe with the same for obtaining the Subjects' subscription therevnto. The Supplicants have sent a compend of their Protestation to each borrough, where the Proclamations may be read to be vfed in the like manner; whereof receive a copie, with certain Reasons why none that have subscribed our late Covenant ought to receive this politique Confession, wherein it is to be feared (though 222 not as yet) many of the Counsell have played with Religion to please the King. The Lord open theire eyes, that they may speedily perceive and repent of theire error! The Supplicants all takes course to goe through the whole kingdome to imped the people from subscribing that theire Confession, least unawares they should fall with them into the like danger, and hereby to obviate that deepe plot against the union hitherto observed by the Supplicants, which we hope shall prove as ineffectual as theire former practices of that kinde have done.

Hitherto we have found the Lords gracious presence goeing along with vs, turneing the counsells of his and our enemies vnto foolishnesse; and, in this particular, it is to be observed, that whereas theire purpose was to subscribe that Confession, thereby to work division among the Supplicants and overthrow our late Covenant. It is like to bring forth the direct contrary effects; because our people directly refuses to subscribe that of theires, seriously protesting against the same. And whereas before some evasion appeared by interpreting of this theire oath and subscription to be for maintenance of the present doctrine and discipline of the Church; now the Councellors, after much debate amongst themselves, have professed, by their Acte of Counsell, that they vnderstand the doctrine and discipline, &c. therein contained, according as it was professed at first makeing thereof, anno 1581; whereby the wisest amongst them conceave that they have now abiured the Heirarchy, Crossing, Kneeling, Saints festivall dayes, with all innovations since that time. And that henceforth it will be no more lawfull for them to consent unto or practiss the same, no not in England. And thus it appeares the Lord hath taken them in theire owne snare. Thus have you the summe of our Proceedings from the 7th of August till the 26th of September 1638.


A few detached notices respecting the Author of this work, in addition to those mentioned in the Preliminary Notice, will conclude this Appendix. John Earl of Rothes was the son of James Master of Rothes, hy his second wife, Catherine, daughter of Patrick Lord Drummond, and was horn in the year 1600. In 1621, he was one of the few Noblemen who had the courage to oppose the Act of Confirmation of the Perth Articles, which were imposed on the people of Scotland in the most arbitrary manner. (Calderwood's History, p. 780; and see the account of these obnoxious Articles, given hy Dr. Cook in his History of the Church, ii. 286-300.) On other occasions, Lord Rothes also took an active part in opposing the measures of the Court; as, for instance, in 1626, when he was one of the Commissioners sent to England with a Petition, at which Charles the First is said to have storm'd, as if too high a straine for Subjects and Petitioners. (See Balfour's Annals, ii. 153.) His conduct in the Parliament, June 1633, when, in the King's presence, he ventured to challenge the state of the votes, is well known. Clarendon says, that, after this, Charles was so highly offended with Rothes he would not 223 speak to him; and the King, in his progress to Falkland Palace, in July, is said purposely to have changed his route, to avoid the gentlemen of Fife, who were collected by the Earl of Rothes for his reception. Bishop Guthrie seems to refer to some other cause of dislike, in consequence of a Petition for the redress of grievances, which had been privately presented by his Lordship. At the Coronation, however, of Charles L, at Edinburgh, 28th June, 1633, the Earl of Rothes carried the Sceptre. (Balfour's Annals, ii. 201.)

Respecting the subsequent history of Lord Rothes, the present Work sufficiently explains his conduct in 1637 and 1638; and it would require too much space to enter upon any particulars regarding the very active share he had in public affairs from the time of the General Assembly at Glasgow, in November 1638, till the conclusion of the Treaty at Rippon, &c., in June 1641. Various public Letters, written by him during that period, are contained in Mr. Thomson's edition of the Acts of Parliament, (Acts 1641, vol. v.); in Balcanquall's Large Declaration, 1639; in Baillie's Letters and Journals; in Balfour's Annals; in Burnet's Lives of the Dukes of Hamilton; and in different MS. Collections. In Hardwicke's State Papers, ii. 130-9, is printed an interesting account of a conference which was held between the King and Rothes and the other Scottish Commissioners, in the tent of the Lord General, 11th June, 1639; and a folio MS. in the College Library of Edinburgh, contains the Letters and Proceedings of the Commissoners and Committee of Estates of Scotland, from August 1640, to June 1641.

Among the Harleian MSS. 1219. No. Ill, is the copy of a Letter from Lord Rothes to the Earl of Pembroke, then Lord Chamberlain, dated from Edinburgh, 29th January 1639-40, wherein he threatens the English Nation with war, if the Hierarchy of the Church was not new-molded, to the minds of the Scotish Commissoners. (Catal. Harl. MSS. vol. i.) A copy of the Answer to that Letter by the Lord Chamberlain, dated 8th March 1639-40, is contained in the same volume. The following Letter by the Earl of Rothes (the envelope of which has been lost,) is evidently the reply to Lord Pembroke's Answer, and is here printed, as it vindicates the proceedings of the Supplicants. The transcript made from the original, in the Ashmole Library, Oxford, was obligingly communicated by Charles K. Sharpe, Esq.

My Lord,

By your letter the eight of March, directed to me from Secretarie Windibanks, you are pleased to allow me the favour of expostulating with yow, from the reason of your civilities and goode respects to me and this nation, expressed at the Campe: but you return my inference injured and much mistaken. This construction, differing much from that you had of these things at the Campe, makes me with continued constancie to believe the frame of this hath not proceeded from yow or any of yours; but from some cunning spitefull and jesuited Sectarie, who laboureth to kindle enimitie betwixt those of the two nations. I shall heere but shortlie touch what passed there, for clearing that our designs were open, not masked, tending ever to the great goode of bothe nations, and my whole expressions and proceedings were plain, just, and free from sophistrie. I shew your Lordship that alterations on our religion being pressed by certaine Prelats, wee were 224 forced, as Christians and Patriots, from the sense of our deutie to God, our King, and our countrie, to resist the same, which wee did by no other meanes than many Supplications to his Majestie. But our often-repeated desires and humble petitions for a Parlament and nationall Assemblie, to cure these evills, could obtaine no other answer then publick threatnings to shed rivers of our bloode; and at last, a greate armie, comming against us, forced us to appeare for our owne defence. Yow did then professe that yow were all made to believe wee were comming to invade England, and that we had cast away all respect to authoritie and lawes; but being trulie informed, and after we had shown that many calumnies were suggested of us and our proceedings, both by discourses and by that Large Declaration, wrongfullie usurping his Majesties Name, yow did then regrate the expence of so much time and meanes to both nations, rested satisfied with our relation, did mediat earnestlie for peace, and promised to myself and others to doe so, for afterwards, if any mistake were again like to arise, desiring me to write frequentlie to yow that yow might know the truth, and be the more able to doe goode. Your noble and just disposition at that time, with your commandement to me, moved my letter, little expecting to have rencountered with such facilitie, or the change of so right a resolution as your Lordship had then, which made me confident you should never have believed that wicked, false, and siditious relation from my Lord Traquare, to the prejudice of a whole nation convened in Parlament. I might justlie have expected yow should have craved surer Information, and beene earnest for the delay of so hard a conclusion till yow had received the same. Your Lordship was tyed to believe us still loyall and goode subjects, till yow had found a reall breach, all parties being heard. Wee having promised, professed, and trulie evidenced so much to yow at the Campe, and yow having acknowledged so much there, makes me think nothing of that letter yours but the subscription, which doth move me to forbeare such an answere to you as these bitter reproaches doe deserve. But shortlie to touch the particulars; I did not upbraid nor expresse one disrespectfull word in my letter to your Lordship, nor say any thing but what was fit to be heard and considered by men of sound braines, of good conscience, and understanding of their dutie to God and their King; nor did I threaten, but onlie represent the undenyable mischiefe that a warre betwixt the two nations would produce, which we shall always decline, and wee doe hope the like from yow. Our Commissioners can instance our sufferings since we parted at the Campe, and speciallie from these that have misinformed of us, wherewith we comported for eshewing his Majesties mistake of us. The letter beareth, our Religion is believed to be wofull, it may be the writer thinks it so, for he may perhaps be of another; and the Subscriber hath beene unadvised in overlooking such an injurious expression. It teacheth us all the Christian dutie to Kings, and will preserve from woe all that embrace it. I may still say the question is speciallie for Prelats. My Lord Traquare hath many times, and to many persons, declared (since he assented to abolish them as his Majesties Commissionar), that we might have peace if we would accept them, which were indeed against the lawes of our Church. Where yow think it dangerous to keep correspondence with me, I did write the last time at your owne desire, and for a good end; and doe not desire to entertaine it any more in other terms, but will maintaine with my life against any. Yow can not keep it with one that is more free of sophistrie or masked designes; and for the intelligence you give me of your conclusion of warre, I hope neither the Counsell nor Parliament of England will intend or prosecute such a conclusion against us, seing there neither is, nor will any such occasion be given by us.

And as for the interchange you offer, My Lord, you shall know I will not quite my Covenant for the friendship of any man alive. I value it more than a kingdome; and the motion is no less irreligious 225 than undutifull to your Maister, since our Covenant is for God and our King, was first allowed by his Majesties Father of blessed memorie, and now in the last Assemblie by his Majesties Commissionar, the Erle of Traquare, and subscribed by him, who repeated his Majesties Warrand thereto many times, in face of the Assembly. When you shall value your friendship at the just rate, and your friends in the way yow ought, I shall be easlie regained to be

             Your friend,
Leslie, the 2 of Aprile, 1640.          ROTHES.

The residence of Rothes in London, during the Summer of 1641, and his intercourse with his Majesty, appear to have had some influence in changing his views, and subjecting him to the suspicions of his countrymen. Baillie, in two letters written 2d June, 1641, refers to the current rumours of the prospect of Rothes being appointed one of the Lords of the Bed-chamber, and of his marriage with a rich English lady. Thus, to Lord Montgomery he says, For the present, your Goodfather is a great courteour: if it hold, he is lyke to be first both with King and Queen; bot sundry thinks it so sudden and so great a change that it cannot hold. And to his Wife he writes, from Gravesend, as follows:

Shew to my Lady [Montgomery], and to her only, that my Lord, her Father, is lyke to change all the Court; that the King and Queen begin much to affect him; and if they goe on, he is lyke to be the greatest courteour either of Scotts or English. Lykelie he will take a place in the Bed-chamber, and be little more a Scottish man. If he please, as it seems he inclynes, he may have my Lady Devonshyre, a very wise lady, with 4000 pounds Sterling a-year. The wind now blows fair in his topsaile. I wish it may long continue; but all things here are very changeable.

Thy owne, R. BAILLIE.

The following Letter evidently alludes to these rumours, and the Postscript shows his great anxiety to keep on good terms with his old friends. It is addressed to Johnstone of Wariston, afterwards Lord Clerk Register, and one of the Lords of Session (See Notes to Lord Hailes' Catalogue), whose unwearied diligence and enthusiasm with regard to the affairs of the Church are well known. The letter is here printed from the original, in the Advocates' Library, Fol. MSS. lxvi. No. 94.

Worthie Friend,

My Lord Loudoun is to take journey homeward upon Monday, who is to receive some particular Instructions from his Majestie , and I beleve he will desire yow not to doe that which may make his dealing ineffectuall; and therefore yow may keep up your worst against Tracquair till yow speake with his Lp. We have had hard work with the King: Loudoun will acquaint yow with the particulars. If there be any mistakes of the cariage of my Lord Loudoun or me, or any of your friends here, yow will informe the truth according to your knowledge, which is the desire of

Your affectionat friend,
London, 25 Junij, 1641.           ROTHES.

[Postscript.] Lowdon cumes not away till Munday. As for my busines, I hav intrusted to yow to prepair the Erl Argyll and Balmerinoch; for if I defer to accept the place, tymes ar uncertain and dispositions: if Argyll and Balmerinoch be pleased, then ye may labour to mov Lothian and 226 Lindsay. Signify how itt was the Marquese Hamilton, Erl Roxbrugh, and Will Muraye, ther motion to me from ther sence of the good of the kingdom, and that I suffered them to work in itt. Itt is trew itt is notheng within that kingdoom, and so am not lyabl to the Letter wryten to us not to accept benefits, which can only be meant within the kingdoom; yet, I desyr never to be in a condition my Comerads shall not aprov, nor to be in a better condition then they shall wisch me. I hop, in his mercy, that his honour shall be ever befor my eyes, abov all things, and shall mak his service my cheiff endevor. Let me heir from you with the first occasion. Wryt your opinion frely to me, and iff they hav any exceptions att me, let me know itt; for, on my honour, I have not deserved evell att ther hands, nor failed in any jot of my deuty, to my knawledg; bot this [is] an adg [age] of unjust censuring.

[Addressed] For my Loving Friend, Mr Archibald Jonstone, This.

A pension for life of 10,000 pounds Scots had been settled on Rothes, and was confirmed by the Parliament of Scotland, in August, 1641. (Acts, v. 587.) That he intended to have accompanied the King to Scotland in August seems very evident; but premature death put an end to all his prospects, and perhaps saved him from the disgrace of apostacy. It is certain (says Lord Clarendon, speaking of the Earl of Rothes) the King expected, by his help and interest, to have found such a party in Scotland as would have been more tender of his honour than they afterwards expressed themselves; and did always impute the failing thereof to the absence of that Earl, who being sick at the King's going from London, within six weeks after died.

The following passage from the same Historian, being one of those which were suppressed, but have been restored in the late edition of the History, is interesting, as shewing his usual sagacity and happiness in delineating the portraits of his contemporaries, and as throwing light on the character of our Author:

There was another accident happened a little before, of which the indisposition in Scotland was the effect, the death of the Earl of Rothes; a man mentioned before, of the highest authority in the contriving and carrying on the rebellion in Scotland, and now the principal Commissioner in England, and exceedingly courted by all the party which governed. Whether he found that he had raised a spirit that would not be so easily conjured down again, and yet would not be as entirely governed by him as it had been; or whether he desired from the beginning only to mend his own fortune, or was converted in his judgment that the action he was engaged in was not warrantable, certain it is, that he had not been long in England before he liked both the Kingdom and the Court so well, that he was not willing to part with either. He was of a pleasant and jovial humour, without any of those constraints which the formality of that time made that party subject themselves to; and he played his game so dexterously, that he was well assured, upon a fair competition, that the Scots army should return home well paid, and that they should be contented with the mischief they had already done, without fomenting the distempers in England. He was to marry a noble Lady of a great and ample fortune and wealth, and should likewise be made a Gentleman of the King's bed-chamber, and a Privy counsellor; and upon these advantages made his condition in this kingdom as pleasant as he could; and, in order thereunto, he resolved to preserve the King's power as high as he could in all his dominions. When any extraordinary accidents attend those private contracts, men naturally are very free in their censures, 227 and so his sudden falling into a sickness, and from a great vigour of body, in the flower of his age, (for he was little more than thirty, [forty]) into a weakness which was not usual, nor could the physicians discover the ground of it, administered much occasion of discourse, and that his countrymen too soon discovered his conversion. He was not able to attend upon his Majesty to Scotland, where he was to have acted a great part; but he hoped to have been able to have followed him thither. His weakness increased so fast, that by the time the King was entered that kingdom, the Earl died at Richmond, whither he retired for the benefit of the air; and his death put an end to all hopes of good quarter with that nation, and made him submit to all the uneasy and intolerable conditions there they could impose upon him.

Those who may wish to see what the busy tongue of scandal said respecting the cause of his Lordship's death, may refer to Archbishop Laud's History, page 181. See also Mr. Sharpe's Note upon Kirkton's History, page 165. But the preceding statement by the Earl of Clarendon is more than sufficient to set at rest the calumnies of Laud. Lord Rothes died at Richmond upon Thames, in the house of his Aunt the Countess of Roxburgh, upon the 23d of August, 1641. This appears from the Testament dative, &c. which is recorded in the Register of Confirmed Testaments, March 1644. The Inventory of his property was then given in by Alexr . Earle of Levine, Generall of the Scottis armie, and Sir John Lesly of Newtoune, ane of the Lordis of Counsall and Sessioun, tutors testamentary in behalf of his Son, then a minor. It amounted (including the debtis awing to the deid,) to L.55,283, 8s. 8d. Scots.

His body was probably brought to Scotland, and interred in the family vault at Leslie. The following entry occurs in the Household Book of Lady Mary Stewart: 27th October, 1641. Spent by my Lord Buchan, as he went to the Earle of Rothes' buriall, L.39:0:0 [Scots].

It only remains to add, that the Parliament of Scotland, 22d September, 1641, passed an Act, upon the petition and desyre of John, now Earl of Rothes, and his tutors, Exonerating his Father, the vmquhile John Earl of Rothes, in his haill actiounes and cariage as one of the Commissioners in the Treaty betwixt the King's Majesty and his Subjects of Scotland; and Declairing, that the said vmquhille Johnne Erll of Rothes hathe, in all uprightness, wisdome, diligens, and faithfulnes, walkit worthie of so great trust as was committed to him in the foirsaid imployment: And thairfore his Majestie and Estattis of Parliament doe not onlie liberat and exoner him of the foirsaid charge and commissioune, and of all questioune or challange that can be layid to him or the said Johnne, now Erll of Rothes, his sone; Bot also do adde vnto that Testimonie whiche trew worthe, and the conscience of well-doing, hathe in itselfe, thair Publict Approbatioune; and doe Honour the said vmquhille Erll of Rothes with this thair Nationall Testimonie, that he hathe deserved weill of the Publict, as a Loyall Subject to the King, a Faithfull Servand to the Estaittis of Parliament, and a Trew Patriot to his Countrie.



iLaing and Brodie quote it under the title of Historical Relation, MS.
iCrawfurd and Douglas, in their Peerages, have reckoned our Author as sixth Earl of Rothes. But according to Mr. Wood, in his edition of Douglas' Peerage, this computation is inaccurate; for he has shown that William, brother of George, the second Earl of Rothes, never enjoyed the title, as these writers had supposed. This appears from a charter in the year 1517, in favour of George, then Earl of Rothes, wherein he is designated as son of the deceased William Lesley, and heir of the deceased George Earl of Rothes, his uncle. Both brothers (the uncle and father of George, third Earl) are said to have fallen at Flodden.
iiMr. Wood's second edition (Edin. 1813) of Douglas' Peerage, vol. II. p. 431.
iiAnne, Countess of Rothes, died 2d May, 1640. Sir Jarnes Balfour states that she died of a hectic fever, and was interred in the new aisle of Leslie church, on 25th May, without any funeral ceremony. Annals, vol. II. 427.
iiCrawford, in his Peerage, names the lady Mary on p. 131, and Christian on p. 430.
iiiPennant's Tour, vol. II. p. 30, 4to edit.
iiiBurnt down on 28th December, 1763, and repaired in 1767. Statistical Account of Scotland, vol. VI. p. 53.
iiiThe Earl of Rothes may be considered as one of the patrons of Jamesone, who, in his Last Will, written with his own hand in July 1641, bequeathed to his Lordship the King's picture from head to foot; and Mary with Martha in one piece. Jamesone, however, survived his Lordship for a period of about three years, as he died in 1644. Walpole's Anecdotes of Painting, by Dallaway, vol. II. p. 250.
ivSee the Notes No. IV. in the Appendix.—On the opposite page is given a fac-simile of an original letter of the Earl of Rothes, which has been printed in the Notes. In the Appendix, also, are given fac-simile signatures of the principal persons mentioned in the course of the Work.
ivThere is a tradition in the family, that one of the portraits was posthumous; and it is not improbable that the portrait at Taymouth Castle, which also bears the date of 1642, may be the counterpart of this picture of our Author, and not that of his son, the Duke of Rothes, as at first supposed.
197The MS. of Baillie's Letters has been quoted in preference to the printed copy, which consists only of selections; and we are indebted to the Reverend Dr M'Crie for the use of the excellent manuscript in his possession. A similar one belongs to the Church of Scotland. It is to be wished, that a work of so much historical value will soon be printed in its entire and genuine form.
198This Prelat having prepared in his house a great feast for his fellow-Bischops and others of his black band, upone the eight of August, being the day of his publict inauguration, was so assaulted with the flames of Vulcans furie, that if the Lord had not had a special regaird to good neighbours, his house and all had certainly beene burnt up to ashes.Note in the MS.
199There is little doubt that one folding-stool was made use of for such a purpose; and if the one commonly called Jenny Geddes's stoole, preserved in the Antiquarian Society's Museum, it was well for the Dean that he had learned to jouk, or bow down his head.
199When sche heard a young man behind sounding furth Amen! to that new composed comedie, (Godis service or worschip it deserves not to be called,) which then was impudentlie acted in the public sight of the congregation, she quickly turned her about, &c.—Balfour's MS., quoted by Mr Brodie, ii. 454.